[116th Congress Public Law 260]
[From the U.S. Government Publishing Office]



[[Page 1181]]

                  CONSOLIDATED APPROPRIATIONS ACT, 2021

                                     

                                     

                                     

                                     



__________

    * Editorial note: Part 1 contains pages 134 Stat. 1182 through 134 
Stat. 2247. See note at the end.


[[Page 134 STAT. 1182]]

Public Law 116-260
116th Congress

                                 An Act


 
 Making consolidated appropriations for the fiscal year ending September 
 30, 2021, providing coronavirus emergency response and relief, and for 
         other purposes. <<NOTE: Dec. 27, 2020 -  [H.R. 133]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Consolidated 
Appropriations Act, 2021.>> 
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

[[Page 134 STAT. 1183]]

     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

[[Page 134 STAT. 1184]]

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

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

         DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

            DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

Title I--Immigration Extensions
Title II--Commission on Black Men and Boys Corrections
Title III--U.S. Customs and Border Protection Authority to Accept 
           Donations Extension
Title IV--Livestock Mandatory Reporting Extension
Title V--Soil Health and Income Protection Pilot Program Extension
Title VI--United States-Mexico-Canada Agreement Implementation Act 
           Technical Corrections
Title VII--Deputy Architect of the Capitol Amendments
Title VIII--Pandemic Response Accountability Committee Amendments
Title IX--Adjustment of Status for Liberian Nationals Extension
Title X--Clean Up the Code Act of 2019
Title XI--Amendments to Provisions Relating to Child Care Centers
Title XII--Alaska Natives Extension
Title XIII-- Open Technology Fund Opportunity to Contest Proposed 
           Debarment
Title XIV--Budgetary Effects

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

   DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

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

               DIVISION S--INNOVATION FOR THE ENVIRONMENT

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

    DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

     DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

     DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

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

             DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

                     DIVISION Z--ENERGY ACT OF 2020

          DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

                      DIVISION CC--HEALTH EXTENDERS

            DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

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

                        DIVISION FF--OTHER MATTER

Title I--Continuing Education at Affected Foreign Institutions and 
           Modification of Certain Protections for Taxpayer Return 
           Information
Title II--Public Lands
Title III--Foreign Relations and Department of State Provisions
Title IV--Senate Sergeant at Arms Cloud Services
Title V-- Repeal of Requirement to Sell Certain Federal Property in Plum 
           Island, New York

[[Page 134 STAT. 1185]]

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. <<NOTE: 1 USC 1 note.>>  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. <<NOTE: President.>>  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. <<NOTE: 2 USC 4501 note.>>  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. <<NOTE: 5 USC 5547 note.>>  DEFINITION.

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

[[Page 134 STAT. 1186]]

SEC. 9. <<NOTE: Estimates.>>  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, <<NOTE: Agriculture, Rural Development, Food 
   and Drug Administration, and Related Agencies Appropriations Act, 
 2021.>>  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 <<NOTE: Reimbursements.>>  the amount made available under 
this heading for Departmental Administration shall be reimbursed from 
applicable

[[Page 134 STAT. 1187]]

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 <<NOTE: Time period. Notification.>>  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 <<NOTE: Notification. Time 
period.>>  during any 30 day notification period referenced in section 
716 of this Act, the Secretary of Agriculture shall take no action to 
begin implementation of the action that is subject to section 716 of 
this Act or make any public announcement of such action in any form.

                          Executive Operations

                      office of the chief economist

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

                     office of hearings and appeals

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

                  office of budget and program analysis

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

                 Office of the Chief Information Officer

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

                  Office of the Chief Financial Officer

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

           Office of the Assistant Secretary for Civil Rights

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

                         Office of Civil Rights

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

[[Page 134 STAT. 1188]]

                  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.

[[Page 134 STAT. 1189]]

  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: <<NOTE: Surveys.>>   
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 <<NOTE: 7 USC 2254.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Maryland.>>  the limitations 
on alterations contained in this Act shall not apply to modernization or 
replacement of existing facilities at Beltsville, Maryland:  Provided 
further,

[[Page 134 STAT. 1190]]

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 <<NOTE: Easements.>>  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 <<NOTE: Grants. Alaska. Hawaii.>>  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

[[Page 134 STAT. 1191]]

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 134 STAT. 1192]]

               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 <<NOTE: Kansas.>>  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 <<NOTE: Brucellosis eradication.>>  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

[[Page 134 STAT. 1193]]

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 <<NOTE: Fees. Reimbursement.>>  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 <<NOTE: Fees.>>  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 <<NOTE: Notification.>>  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.

[[Page 134 STAT. 1194]]

    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 <<NOTE: Notification.>>  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 <<NOTE: Employment positions.>>  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

[[Page 134 STAT. 1195]]

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: <<NOTE: Notification. Expenditure plan. Cost 
estimates.>>   Provided, That not more than 50 percent of the funding 
made available under this heading for information technology related to 
farm program delivery may be obligated until the Secretary submits to 
the Committees on Appropriations of both Houses of Congress, and 
receives written or electronic notification of receipt from such 
Committees of, a plan for expenditure that (1) identifies for each 
project/investment over $25,000 (a) the functional and performance 
capabilities to be delivered and the mission benefits to be realized, 
(b) the estimated lifecycle cost for the entirety of the project/
investment, including estimates for development as well as maintenance 
and operations, and (c) key milestones to be met; (2) demonstrates

[[Page 134 STAT. 1196]]

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 <<NOTE: Reports. Assessment.>>  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 <<NOTE: Notification. Approval.>>  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).

[[Page 134 STAT. 1197]]

           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 <<NOTE: Pink 
bollworm.>>  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 <<NOTE: Notification. Time period.>>  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).

[[Page 134 STAT. 1198]]

                 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: <<NOTE: Applicability.>>   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

[[Page 134 STAT. 1199]]

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 <<NOTE: Contracts.>> 

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

                 Federal Crop Insurance Corporation Fund

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

                    Commodity Credit Corporation Fund

                  reimbursement for net realized losses

                     (including transfers of funds)

    For the current fiscal year, such sums as may be necessary to 
reimburse the Commodity Credit Corporation for net realized losses 
sustained, but not previously reimbursed, pursuant to section 2 of the 
Act of August 17, 1961 (15 U.S.C. 713a-11):  Provided, That of the funds 
available to the Commodity Credit Corporation under section 11 of the 
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the 
conduct of its business with the Foreign Agricultural Service, up to 
$5,000,000 may be transferred to and used by the Foreign Agricultural 
Service for information resource management activities of the Foreign 
Agricultural Service that are not related to Commodity Credit 
Corporation business.

                       hazardous waste management

                        (limitation on expenses)

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

[[Page 134 STAT. 1200]]

                                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 <<NOTE: Fees.>>  to support the loan program level for section 538 
guaranteed loans made available under this heading

[[Page 134 STAT. 1201]]

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 <<NOTE: Deadline.>>  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 <<NOTE: Incentives. Determination.>>  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 <<NOTE: Time periods.>>  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

[[Page 134 STAT. 1202]]

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 <<NOTE: Applicability.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Vouchers. Loans.>>  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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1203]]

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 <<NOTE: Contracts.>>  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 <<NOTE: Determination.>>  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: <<NOTE: Advance approval.>>   Provided 
further, That if Congress enacts legislation to permanently authorize a 
multi-family rental housing loan restructuring program similar to the 
demonstration program described herein, the Secretary may use funds made 
available for the demonstration program under this heading to carry out 
such legislation with the prior approval of the Committees on 
Appropriations of both Houses of Congress:  Provided further, That in 
addition to any other available funds, the Secretary may expend not more 
than $1,000,000 total, from the program funds made available under this 
heading, for administrative expenses for activities funded under this 
heading.

                   mutual and self-help housing grants

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

                     rural housing assistance grants

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

               rural community facilities program account

                     (including transfers of funds)

    For gross obligations for the principal amount of direct and 
guaranteed loans as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$2,800,000,000 for direct loans and $500,000,000 for guaranteed loans.
    For the cost of direct loans, loan guarantees and grants, including 
the cost of modifying loans, as defined in section 502 of the 
Congressional Budget Act of 1974, for rural community facilities 
programs as authorized by section 306 and described in section 
381E(d)(1) of the Consolidated Farm and Rural Development Act, 
$74,000,000, to remain available until expended:  Provided, That 
$6,000,000 of the amount appropriated under this heading shall be 
available for a Rural Community Development Initiative:  Provided 
further, That such funds shall be used solely to develop the capacity 
and ability of private, nonprofit community-based housing and community 
development organizations, low-income rural communities, and Federally 
Recognized Native American

[[Page 134 STAT. 1204]]

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 <<NOTE: Loans.>>  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: <<NOTE: Loans.>>   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

[[Page 134 STAT. 1205]]

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

[[Page 134 STAT. 1206]]

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 <<NOTE: Loans.>>  $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

[[Page 134 STAT. 1207]]

Development Act may be provided to a consortium formed pursuant to 
section 325 of Public Law 105-83:  Provided further, 
That <<NOTE: Alaska.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1208]]

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 <<NOTE: Loans.>>  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

[[Page 134 STAT. 1209]]

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 <<NOTE: Studies. Evaluations.>>  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 <<NOTE: Breastfeeding.>>  
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: <<NOTE: Waiver authority.>>   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

[[Page 134 STAT. 1210]]

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 <<NOTE: Workfare.>>  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 <<NOTE: Contracts. Studies. Evaluations.>>  funds made available 
under this heading may be used to enter into contracts and employ staff 
to conduct studies, evaluations, or to conduct activities related to 
program integrity provided that such activities are authorized by the 
Food and Nutrition Act of 2008.

                      commodity assistance program

    For necessary expenses to carry out disaster assistance and the 
Commodity Supplemental Food Program as authorized by section 4(a) of the 
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); 
the Emergency Food Assistance Act of 1983; special assistance for the 
nuclear affected islands, as authorized by section 103(f)(2) of the 
Compact of Free Association Amendments Act of 2003 (Public Law 108-188); 
and the Farmers' Market Nutrition Program, as authorized by section 
17(m) of the Child Nutrition Act of 1966, $426,700,000, to remain 
available through September 30, 2022:  Provided, That none of these 
funds shall be available to reimburse the Commodity Credit Corporation 
for commodities donated to the program:  Provided further, That 
notwithstanding any other provision of law, effective with funds made 
available in fiscal year 2021 to support the Seniors Farmers' Market 
Nutrition Program, as authorized by section 4402 of the Farm Security 
and Rural Investment Act of 2002, such funds shall remain available 
through September 30, 2022:  Provided further, That of the funds made 
available under section 27(a) of the Food and Nutrition Act of 2008 (7 
U.S.C. 2036(a)), the Secretary may use up to 20 percent for costs 
associated with the distribution of commodities.

                    nutrition programs administration

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

[[Page 134 STAT. 1211]]

                                 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''.

[[Page 134 STAT. 1212]]

                     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 <<NOTE: Reimbursement.>>  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

[[Page 134 STAT. 1213]]

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

[[Page 134 STAT. 1214]]

of Regulatory Affairs; (4) $244,350,000 shall be for the Center for 
Veterinary Medicine and for related field activities in the Office of 
Regulatory Affairs; (5) $609,121,000 shall be for the Center for Devices 
and Radiological Health and for related field activities in the Office 
of Regulatory Affairs; (6) $66,712,000 shall be for the National Center 
for Toxicological Research; (7) $681,513,000 shall be for the Center for 
Tobacco Products and for related field activities in the Office of 
Regulatory Affairs; (8) $188,707,000 shall be for Rent and Related 
activities, of which $52,944,000 is for White Oak Consolidation, other 
than the amounts paid to the General Services Administration for rent; 
(9) $235,112,000 shall be for payments to the General Services 
Administration for rent; and (10) $318,153,000 shall be for other 
activities, including the Office of the Commissioner of Food and Drugs, 
the Office of Food Policy and Response, the Office of Operations, the 
Office of the Chief Scientist, and central services for these offices:  
Provided further, That not to exceed $25,000 of this amount shall be for 
official reception and representation expenses, not otherwise provided 
for, as determined by the Commissioner:  Provided further, That any 
transfer of funds pursuant to section 770(n) of the Federal Food, Drug, 
and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made 
available under this heading for other activities:  Provided further, 
That of the amounts that are made available under this heading for 
``other activities'', and that are not derived from user fees, 
$1,500,000 shall be transferred to and merged with the appropriation for 
``Department of Health and Human Services--Office of Inspector General'' 
for oversight of the programs and operations of the Food and Drug 
Administration and shall be in addition to funds otherwise made 
available for oversight of the Food and Drug Administration:  Provided 
further, That <<NOTE: Advance approval.>>  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.

[[Page 134 STAT. 1215]]

                    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 <<NOTE: Determination.>>  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 <<NOTE: Notification.>>  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, <<NOTE: Determination.>>  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

[[Page 134 STAT. 1216]]

safety:  Provided further, 
That <<NOTE: Notification. Approval. Deadline.>>  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 <<NOTE: Notifications. Advance 
approvals.>>  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

[[Page 134 STAT. 1217]]

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 <<NOTE: Determination.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Determination. Approvals.>>  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: <<NOTE: Notification.>>   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 134 STAT. 1218]]

    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) <<NOTE: Pornography.>>  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.

[[Page 134 STAT. 1219]]

    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 <<NOTE: Notification. Time period.>>  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) <<NOTE: Notifications. Approvals. Time periods.>>  
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;

[[Page 134 STAT. 1220]]

            (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.

[[Page 134 STAT. 1221]]

    (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 <<NOTE: Fees.>>  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 <<NOTE: News stories. Notification.>>  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 <<NOTE: Time period. Reimbursement.>>  employee of the 
Department of Agriculture may be detailed or assigned from an agency or 
office funded by this Act or any other Act to any other agency or office 
of the Department for more than 60 days in a fiscal year unless the 
individual's employing agency or office is fully reimbursed by the 
receiving agency or office for the salary and expenses of the employee 
for the period of assignment.

    Sec. 721.  Not <<NOTE: Deadline. Spending plan.>>  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 <<NOTE: Determination. Prisons and prisoners.>>  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 <<NOTE: Loans.>>  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

[[Page 134 STAT. 1222]]

percent:  Provided, That <<NOTE: Notification. Time period.>>  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 <<NOTE: Notification. Advance approval.>>  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 <<NOTE: Regulations.>>  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 <<NOTE: Applicability. Effective date.>>  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 <<NOTE: Health and health care. Electronic 
records.>>  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 <<NOTE: Regulations. Alcohol and alcoholic 
beverages.>>  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

[[Page 134 STAT. 1223]]

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 <<NOTE: Loans.>>  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) <<NOTE: Audits.>>  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) <<NOTE: Public information. Reports. Applicability.>>  
        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) <<NOTE: Iron and steel products.>>  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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 1224]]

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) <<NOTE: Public information. Records. Time period.>>  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. <<NOTE: Web 
posting.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definitions.>>  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 <<NOTE: Lobbying.>>  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

[[Page 134 STAT. 1225]]

provision regarding population limits, any county seat of such a 
persistent poverty county that has a population that does not exceed the 
authorized population limit by more than 10 percent:  Provided, That 
for <<NOTE: Definition.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Human embryos.>>  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 <<NOTE: Regulations.>>  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 <<NOTE: School breakfast.>>  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

[[Page 134 STAT. 1226]]

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) <<NOTE: Hemp and hemp seeds.>>  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 <<NOTE: Deadline. Fish and fishing.>>  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 <<NOTE: Contracts. Determination.>>  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.

[[Page 134 STAT. 1227]]

    Sec. 752.  The <<NOTE: Waiver authority.>>  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 <<NOTE: Determinations.>>  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 <<NOTE: Water. Determination. Time period.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Compliance inspection.>>  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

[[Page 134 STAT. 1228]]

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 <<NOTE: Priority.>>  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 <<NOTE: Poultry products. China.>>  of the funds 
made available by this Act may be used to procure raw or processed 
poultry products imported into the United States from the People's 
Republic of China for use in the school lunch program under the Richard 
B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child 
and Adult Care Food Program under section 17 of such Act (42 U.S.C. 
1766), the Summer Food Service Program for Children under section 13 of 
such Act (42 U.S.C. 1761), or the school breakfast program under the 
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

    Sec. 765.  There is hereby appropriated $1,000,000, for an 
additional amount for ``Department of Health and Human Services--Food 
and Drug Administration--Salaries and Expenses'' to remain available 
until expended and in addition to amounts otherwise made available for 
such purposes, for the development of research, education, and outreach 
partnerships with academic institutions to study and promote seafood 
safety.
    Sec. 766.  There is hereby appropriated $2,000,000, to remain 
available until September 30, 2022, for the National Institute of Food 
and Agriculture to issue a competitive grant to support the 
establishment of an Agriculture Business Innovation Center at a 
historically black college or university to serve as a technical 
assistance hub to enhance agriculture-based business development 
opportunities.
    Sec. 767.  For <<NOTE: Requirement. School lunches.>>  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

[[Page 134 STAT. 1229]]

installing traditional wastewater treatment systems due to soil 
conditions.
    Sec. 772.  The <<NOTE: Deadlines. Notice. Regulations. Federal 
Register, publications. Public comments.>>  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 <<NOTE: Grants.>>  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) <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 1230]]

    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 <<NOTE: Genetic engineering.>>  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 <<NOTE: 132 Stat. 399.>>  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) <<NOTE: Determinations. Regulations. Exports and 
imports. Shrimp. 21 USC 2105 note.>>  The Secretary of Health and Human 
Services, acting through the Commissioner of Food and Drugs 
(Commissioner), shall develop and, if it determines feasible, implement

[[Page 134 STAT. 1231]]

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) <<NOTE: Priority. Compliance.>>  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) <<NOTE: Reports.>>  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 <<NOTE: Dairy and dairy products.>>  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 <<NOTE: Plan. Deadline. Determination. Compliance.>>  
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 <<NOTE: Determinations.>>  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

[[Page 134 STAT. 1232]]

the appropriation for ``Office of the Chief Information Officer'', 
$16,046,000 shall be transferred to and merged with the appropriation 
for ``Food Safety and Inspection Service'', and of which $9,815,000 
shall be transferred to and merged with the appropriation for ``Rural 
Development, Salaries and Expenses''.
    Sec. 793.  Of the unobligated balances from prior year 
appropriations made available under the heading ``Distance Learning, 
Telemedicine, and Broadband Program'' for the cost of broadband loans, 
as authorized by section 601 of the Rural Electrification Act, 
$12,000,000 are hereby rescinded.
    Sec. 794.  Funds made available in the Consolidated Appropriations 
Act, 2016 (Public Law 114-113) for the ``Rural Community Facilities 
Program Account'' under section 306 of the Consolidated Farm and Rural 
Development Act, 7 U.S.C. 1926, for the principal amount of direct loans 
to eligible approved re-lenders are to remain available through fiscal 
year 2026 for the liquidation of valid obligations incurred in fiscal 
year 2016.
    Sec. 795.  None of the funds made available by this Act may be used 
to pay the salaries or expenses of personnel--
            (1) to inspect horses under section 3 of the Federal Meat 
        Inspection Act (21 U.S.C. 603);
            (2) to inspect horses under section 903 of the Federal 
        Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
        note; Public Law 104-127); or
            (3) to implement or enforce section 352.19 of title 9, Code 
        of Federal Regulations (or a successor regulation).

    Sec. 796.  Not <<NOTE: Review. Reports. Analyses.>>  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) <<NOTE: Cogongrass.>>  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

[[Page 134 STAT. 1233]]

``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 <<NOTE: Panel. Evaluation.>>  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 <<NOTE: Grants.>>  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) <<NOTE: Grants.>>  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

[[Page 134 STAT. 1234]]

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 <<NOTE: Effective date.>>  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''.

[[Page 134 STAT. 1235]]

 DIVISION B--COMMERCE, <<NOTE: Commerce, Justice, Science, and Related 
Agencies Appropriations Act, 2021. Department of Commerce Appropriations 
Act, 2021.>>  JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 
2021

                                 TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                      operations and administration

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

[[Page 134 STAT. 1236]]

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: <<NOTE: Applicability.>>   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.

[[Page 134 STAT. 1237]]

                  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, <<NOTE: Fees.>>  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,

[[Page 134 STAT. 1238]]

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 <<NOTE: Spending plan.>>  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

[[Page 134 STAT. 1239]]

to pay (1) the difference between the percentage of basic pay 
contributed by the USPTO and employees under section 8334(a) of title 5, 
United States Code, and the normal cost percentage (as defined by 
section 8331(17) of that title) as provided by the Office of Personnel 
Management (OPM) for USPTO's specific use, of basic pay, of employees 
subject to subchapter III of chapter 83 of that title, and (2) the 
present value of the otherwise unfunded accruing costs, as determined by 
OPM for USPTO's specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees who are 
enrolled in Federal Employees Health Benefits (FEHB) and Federal 
Employees Group Life Insurance (FEGLI), shall be transferred to the 
Civil Service Retirement and Disability Fund, the FEGLI Fund, and the 
Employees FEHB Fund, as appropriate, and shall be available for the 
authorized purposes of those accounts:  Provided further, That any 
differences between the present value factors published in OPM's yearly 
300 series benefit letters and the factors that OPM provides for USPTO's 
specific use shall be recognized as an imputed cost on USPTO's financial 
statements, where applicable:  Provided further, That, notwithstanding 
any other provision of law, all fees and surcharges assessed and 
collected by USPTO are available for USPTO only pursuant to section 
42(c) of title 35, United States Code, as amended by section 22 of the 
Leahy-Smith America Invents Act (Public Law 112-29):  Provided further, 
That within the amounts appropriated, $2,000,000 shall be transferred to 
the ``Office of Inspector General'' account for activities associated 
with carrying out investigations and audits related to the USPTO.

             National Institute of Standards and Technology

             scientific and technical research and services

                      (including transfer of funds)

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

                     industrial technology services

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

                   construction of research facilities

    For construction of new research facilities, including architectural 
and engineering design, and for renovation and maintenance of existing 
facilities, not otherwise provided for the National Institute of 
Standards and Technology, as authorized by sections 13 through 15 of the 
National Institute of Standards and Technology

[[Page 134 STAT. 1240]]

Act (15 U.S.C. 278c-278e), $80,000,000, to remain available until 
expended:  Provided, That <<NOTE: Budget estimates. 15 USC 1513b 
note.>>  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.

[[Page 134 STAT. 1241]]

                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: <<NOTE: Budget estimates. 15 USC 1513a note.>>   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, <<NOTE: Grants. State listing. Native 
Americans. Guidelines.>>  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.

[[Page 134 STAT. 1242]]

                      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 <<NOTE: Time period. Reimbursement.>>  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 <<NOTE: Notification. Deadline.>>  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

[[Page 134 STAT. 1243]]

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 <<NOTE: Certification.>>  the current fiscal year, 
applicable appropriations and funds made available to the Department of 
Commerce by this Act shall be available for the activities specified in 
the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the 
manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may 
be used for advanced payments not otherwise authorized only upon the 
certification of officials designated by the Secretary of Commerce that 
such payments are in the public interest.

    Sec. 102.  During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers:  Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section:  Provided 
further, That <<NOTE: Notification. Deadline.>>  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 <<NOTE: Incorporation by reference. Applicability. 33 
USC 878a note.>>  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

[[Page 134 STAT. 1244]]

Property and Administrative Services Act of 1949 on a reimbursable or 
non-reimbursable basis. <<NOTE: Reimbursement.>>  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 <<NOTE: Child pornography.>>  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 <<NOTE: Reimbursement.>>  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 <<NOTE: Records. Fee.>>  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 <<NOTE: Grants. Contracts.>>  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

[[Page 134 STAT. 1245]]

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 <<NOTE: Waiver authority.>>  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: <<NOTE: Notification. Deadline.>>   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 <<NOTE: Department of Justice Appropriations Act, 2021.>> 

                          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,

[[Page 134 STAT. 1246]]

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: <<NOTE: Term extension.>>   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

[[Page 134 STAT. 1247]]

the total amount appropriated, not to exceed $9,000 shall be available 
to INTERPOL Washington for official reception and representation 
expenses:  Provided further, That of the total amount appropriated, not 
to exceed $9,000 shall be available to the Criminal Division for 
official reception and representation expenses:  Provided further, 
That <<NOTE: Determination.>>  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 <<NOTE: Reimbursement.>>  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,

[[Page 134 STAT. 1248]]

That each <<NOTE: Human trafficking.>>  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 <<NOTE: Determination.>>  notwithstanding 
section 205 of this

[[Page 134 STAT. 1249]]

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: <<NOTE: Determination.>>   Provided, That notwithstanding 
section 205 of this Act, upon a determination by the Attorney General 
that emergent circumstances require additional funding for the 
activities

[[Page 134 STAT. 1250]]

of the National Security Division, the Attorney General may transfer 
such amounts to this heading from available appropriations for the 
current fiscal year for the Department of Justice, as may be necessary 
to respond to such circumstances:  Provided further, That any transfer 
pursuant to the preceding proviso shall be treated as a reprogramming 
under section 505 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.

                       Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                     Federal Bureau of Investigation

                          salaries and expenses

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

                              construction

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

                     Drug Enforcement Administration

                          salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character pursuant to section 530C of title 28, United 
States Code; and expenses for conducting drug education and training 
programs, including travel and related expenses for participants in such 
programs and the distribution of items of token value that promote the 
goals of such programs,

[[Page 134 STAT. 1251]]

$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 <<NOTE: Reimbursement.>>  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

[[Page 134 STAT. 1252]]

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): <<NOTE: 42 USC 250a.>>   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: <<NOTE: Contracts. Determination.>>   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 <<NOTE: Donations.>>  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 <<NOTE: Prison labor.>>  labor of United States prisoners may be 
used for work performed under this appropriation.

                 federal prison industries, incorporated

    The <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1253]]

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

[[Page 134 STAT. 1254]]

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: <<NOTE: Applicability.>>   Provided 
        further, That the definitions and grant conditions in section 
        40002 of the 1994 Act shall apply to this program;
            (5) $53,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act, of which $4,000,000 is 
        for a homicide reduction initiative;
            (6) $41,000,000 is for sexual assault victims assistance, as 
        authorized by section 41601 of the 1994 Act;
            (7) $45,000,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (8) $20,000,000 is for grants to reduce violent crimes 
        against women on campus, as authorized by section 304 of the 
        2005 Act;
            (9) $47,000,000 is for legal assistance for victims, as 
        authorized by section 1201 of the 2000 Act;
            (10) $5,500,000 is for enhanced training and services to end 
        violence against and abuse of women in later life, as authorized 
        by section 40801 of the 1994 Act;
            (11) $18,000,000 is for grants to support families in the 
        justice system, as authorized by section 1301 of the 2000 Act:  
        Provided, That unobligated balances available for the programs 
        authorized by section 1301 of the 2000 Act and section 41002 of 
        the 1994 Act, prior to their amendment by the 2013 Act, shall be 
        available for this program;

[[Page 134 STAT. 1255]]

            (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

[[Page 134 STAT. 1256]]

        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-

[[Page 134 STAT. 1257]]

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;

[[Page 134 STAT. 1258]]

                    (R) $2,000,000 is for grants to States and units of 
                local government to deploy managed access systems to 
                combat contraband cell phone use in prison; and
                    (S) $2,000,000 is for grants for development of 
                child-friendly family visitation spaces in correctional 
                facilities;
            (2) $244,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)):  Provided, That no 
        jurisdiction shall request compensation for any cost greater 
        than the actual cost for Federal immigration and other detainees 
        housed in State and local detention facilities;
            (3) $85,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386, for programs authorized under Public Law 109-164, or 
        programs authorized under Public Law 113-4;
            (4) $12,000,000 for economic, high technology, white collar, 
        and Internet crime prevention grants, including as authorized by 
        section 401 of Public Law 110-403, of which $2,500,000 is for 
        competitive grants that help State and local law enforcement 
        tackle intellectual property thefts, and $2,000,000 is for 
        grants to develop databases on Internet of Things device 
        capabilities and to build and execute training modules for law 
        enforcement;
            (5) $20,000,000 for sex offender management assistance, as 
        authorized by the Adam Walsh Act, and related activities;
            (6) $30,000,000 for the Patrick Leahy Bulletproof Vest 
        Partnership Grant Program, as authorized by section 2501 of 
        title I of the 1968 Act:  Provided, That $1,500,000 is 
        transferred directly to the National Institute of Standards and 
        Technology's Office of Law Enforcement Standards for research, 
        testing, and evaluation programs;
            (7) $1,000,000 for the National Sex Offender Public Website;
            (8) $85,000,000 for grants to States to upgrade criminal and 
        mental health records for the National Instant Criminal 
        Background Check System, of which no less than $25,000,000 shall 
        be for grants made under the authorities of the NICS Improvement 
        Amendments Act of 2007 (Public Law 110-180) and Fix NICS Act of 
        2018;
            (9) $33,000,000 for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act;
            (10) $141,000,000 for DNA-related and forensic programs and 
        activities, of which--
                    (A) $110,000,000 is for the purposes authorized 
                under section 2 of the DNA Analysis Backlog Elimination 
                Act of 2000 (Public Law 106-546) (the Debbie Smith DNA 
                Backlog Grant Program):  Provided, That up to 4 percent 
                of funds made available under this paragraph may be used 
                for the purposes described in the DNA Training and 
                Education for Law Enforcement, Correctional Personnel, 
                and Court Officers program (Public Law 108-405, section 
                303);
                    (B) $19,000,000 for other local, State, and Federal 
                forensic activities;

[[Page 134 STAT. 1259]]

                    (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;

[[Page 134 STAT. 1260]]

            (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;

[[Page 134 STAT. 1261]]

            (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: <<NOTE: Determination.>>   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.

[[Page 134 STAT. 1262]]

                  Community Oriented Policing Services

              community oriented policing services programs

                      (including transfer of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322); the Omnibus Crime Control 
and Safe Streets Act of 1968 (``the 1968 Act''); the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 (Public Law 
109-162) (``the 2005 Act''); the American Law Enforcement Heroes Act of 
2017 (Public Law 115-37); the Law Enforcement Mental Health and Wellness 
Act (Public Law 115-113) (``the LEMHW Act''); the SUPPORT for Patients 
and Communities Act (Public Law 115-271); and the Supporting and 
Treating Officers In Crisis Act of 2019 (Public Law 116-32) (``the STOIC 
Act''), $386,000,000, to remain available until expended:  Provided, 
That any balances made available through prior year deobligations shall 
only be available in accordance with section 505 of this Act:  Provided 
further, That of the amount provided under this heading--
            (1) $237,000,000 is for grants under section 1701 of title I 
        of the 1968 Act (34 U.S.C. 10381) for the hiring and rehiring of 
        additional career law enforcement officers under part Q of such 
        title notwithstanding subsection (i) of such section:  Provided, 
        That, notwithstanding section 1704(c) of such title (34 U.S.C. 
        10384(c)), funding for hiring or rehiring a career law 
        enforcement officer may not exceed $125,000 unless the Director 
        of the Office of Community Oriented Policing Services grants a 
        waiver from this limitation:  Provided further, That within the 
        amounts appropriated under this paragraph, $29,500,000 is for 
        improving Tribal law enforcement, including hiring, equipment, 
        training, anti-methamphetamine activities, and anti-opioid 
        activities:  Provided further, That of the amounts appropriated 
        under this paragraph $40,000,000 is for regional information 
        sharing activities, as authorized by part M of title I of the 
        1968 Act, which shall be transferred to and merged with 
        ``Research, Evaluation, and Statistics'' for administration by 
        the Office of Justice Programs:  Provided further, That within 
        the amounts appropriated under this paragraph, no less than 
        $3,000,000 is to support the Tribal Access Program:  Provided 
        further, That within the amounts appropriated under this 
        paragraph, $8,000,000 is for training, peer mentoring, mental 
        health program activities, and other support services as 
        authorized under the LEMHW Act and STOIC Act;
            (2) $11,000,000 is for activities authorized by the POLICE 
        Act of 2016 (Public Law 114-199);
            (3) $15,000,000 is for competitive grants to State law 
        enforcement agencies in States with high seizures of precursor 
        chemicals, finished methamphetamine, laboratories, and 
        laboratory dump seizures:  Provided, That funds appropriated 
        under this paragraph shall be utilized for investigative 
        purposes to locate or investigate illicit activities, including 
        precursor diversion, laboratories, or methamphetamine 
        traffickers;
            (4) $35,000,000 is for competitive grants to statewide law 
        enforcement agencies in States with high rates of primary 
        treatment admissions for heroin and other opioids:  Provided,

[[Page 134 STAT. 1263]]

        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 <<NOTE: Abortion.>>  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 <<NOTE: Abortion.>>  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 <<NOTE: Abortion.>>  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 <<NOTE: Prisons and prisoners.>>  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) <<NOTE: Prisons and prisoners.>>  None of the funds 
appropriated by this Act may be used by Federal prisons to purchase 
cable television services,

[[Page 134 STAT. 1264]]

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 <<NOTE: Certification.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Determination. Waiver authority.>>  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

[[Page 134 STAT. 1265]]

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 <<NOTE: Firearms.>>  of the funds made available 
under this Act, other than for the national instant criminal background 
check system established under section 103 of the Brady Handgun Violence 
Prevention Act (34 U.S.C. 40901), may be used by a Federal law 
enforcement officer to facilitate the transfer of an operable firearm to 
an individual if the Federal law enforcement officer knows or suspects 
that the individual is an agent of a drug cartel, unless law enforcement 
personnel of the United States continuously monitor or control the 
firearm at all times.

    Sec. 216. (a) None of the income retained in the Department of 
Justice Working Capital Fund pursuant to title I of Public Law 102-140 
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation 
during fiscal year 2021, except up to $12,000,000 may be obligated for 
implementation of a unified Department of Justice financial management 
system.
    (b) Not to exceed $30,000,000 of the unobligated balances 
transferred to the capital account of the Department of Justice Working 
Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784; 
28 U.S.C. 527 note) shall be available for obligation in fiscal year 
2021, and any use, obligation, transfer, or allocation of such funds 
shall be treated as a reprogramming of funds under section 505 of this 
Act.
    (c) Not to exceed $10,000,000 of the excess unobligated balances 
available under section 524(c)(8)(E) of title 28, United States Code, 
shall be available for obligation during fiscal year 2021, and any use, 
obligation, transfer or allocation of such funds shall be treated as a 
reprogramming of funds under section 505 of this Act.
    Sec. 217.  Discretionary funds that are made available in this Act 
for the Office of Justice Programs may be used to participate in 
Performance Partnership Pilots authorized under such authorities as have 
been enacted for Performance Partnership Pilots in appropriations acts 
in prior fiscal years and the current fiscal year.
    Sec. 218.  Section <<NOTE: Applicability. 28 USC 1930 note.>>  
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''.

[[Page 134 STAT. 1266]]

    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 <<NOTE: Science Appropriations Act, 2021.>> 

                                 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

[[Page 134 STAT. 1267]]

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: <<NOTE: Competition.>>   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

[[Page 134 STAT. 1268]]

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 <<NOTE: Deadline. Plan.>>  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: <<NOTE: Budget 
profile.>>   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

[[Page 134 STAT. 1269]]

activities, including research, development, operations, support and 
services; space flight, spacecraft control, and communications 
activities, including operations, production, and services; maintenance 
and repair, facility planning and design; program management; personnel 
and related costs, including uniforms or allowances therefor, as 
authorized by sections 5901 and 5902 of title 5, United States Code; 
travel expenses; purchase and hire of passenger motor vehicles; and 
purchase, lease, charter, maintenance, and operation of mission and 
administrative aircraft, $3,988,200,000, to remain available until 
September 30, 2022.

      science, technology, engineering, and mathematics engagement

    For necessary expenses, not otherwise provided for, in the conduct 
and support of aerospace and aeronautical education research and 
development activities, including research, development, operations, 
support, and services; program management; personnel and related costs, 
including uniforms or allowances therefor, as authorized by sections 
5901 and 5902 of title 5, United States Code; travel expenses; purchase 
and hire of passenger motor vehicles; and purchase, lease, charter, 
maintenance, and operation of mission and administrative aircraft, 
$127,000,000, to remain available until September 30, 2022, of which 
$26,000,000 shall be for the Established Program to Stimulate 
Competitive Research and $51,000,000 shall be for the National Space 
Grant College and Fellowship Program.

                  safety, security and mission services

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

        construction and environmental compliance and restoration

    For necessary expenses for construction of facilities including 
repair, rehabilitation, revitalization, and modification of facilities,

[[Page 134 STAT. 1270]]

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: <<NOTE: Contracts. Time period. 51 USC 20145 
note.>>   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 <<NOTE: Deadline. Estimate. Proposal. 51 USC 30103 note.>>  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 <<NOTE: 51 USC 20144 note.>>  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 <<NOTE: Spending plan.>>  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

[[Page 134 STAT. 1271]]

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 <<NOTE: Plan.>>  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.

[[Page 134 STAT. 1272]]

          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

[[Page 134 STAT. 1273]]

no such appropriation shall be increased by more than 10 percent by any 
such transfers. Any transfer pursuant to this paragraph shall be treated 
as a reprogramming of funds under section 505 of this Act and shall not 
be available for obligation except in compliance with the procedures set 
forth in that section.
    The <<NOTE: Notification. Deadline.>>  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 <<NOTE: Donations.>>  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

[[Page 134 STAT. 1274]]

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 <<NOTE: Workforce proposals. Notification.>>  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: <<NOTE: Donations.>>   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)): <<NOTE: Applicability.>>   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.

[[Page 134 STAT. 1275]]

                        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 <<NOTE: Propaganda.>>  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.

[[Page 134 STAT. 1276]]

    Sec. 503.  The <<NOTE: Contracts.>>  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 <<NOTE: Notifications. Deadline.>>  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) <<NOTE: Definition.>>  The term ``promotional items'' has the 
meaning given the term in OMB Circular A-87, Attachment B, Item 
(1)(f)(3).

    Sec. 507. (a) <<NOTE: Reports.>>  The Departments of Commerce and 
Justice, the National Science Foundation, and the National Aeronautics 
and Space Administration shall provide to the Committees on 
Appropriations of the House of Representatives and the Senate a 
quarterly report on the status of balances of appropriations at the 
account level. For unobligated, uncommitted balances and unobligated, 
committed balances the quarterly reports shall separately identify the 
amounts attributable to each source year of appropriation from

[[Page 134 STAT. 1277]]

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: <<NOTE: Transfer authority.>>   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: <<NOTE: Applicability. Loans. Grants.>>   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 <<NOTE: Tobacco and tobacco products.>>  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 <<NOTE: 34 USC 20101 note.>>  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 <<NOTE: Discrimination.>>  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) <<NOTE: Audits. Reports.>>  The Inspectors General of 
the Department of Commerce, the Department of Justice, the National 
Aeronautics and Space Administration, the National Science Foundation, 
and

[[Page 134 STAT. 1278]]

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) <<NOTE: Deadline. Public information. Web posting.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Effective 
date. Consultation. Determination. Applicability.>>  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) <<NOTE: Reviews. Science and technology.>>  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) <<NOTE: Consultation. Assessment. Cyber 
        threats. China. Iran. North Korea. Russia.>>  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

[[Page 134 STAT. 1279]]

        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) <<NOTE: Consultations.>>  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) <<NOTE: Mitigation strategy.>>  developed, in 
        consultation with NIST, the FBI, and supply chain risk 
        management experts, a mitigation strategy for any identified 
        risks;
            (2) <<NOTE: Determination.>>  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) <<NOTE: Reports.>>  reported that determination to the 
        Committees on Appropriations of the House of Representatives and 
        the Senate and the agency Inspector General.

    Sec. 515.  None <<NOTE: Torture.>>  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 <<NOTE: National security letter.>>  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 <<NOTE: Notifications.>>  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. <<NOTE: Deadline. Determination. Cost estimates.>>  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

[[Page 134 STAT. 1280]]

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 <<NOTE: Contracts. Grants. Certification. Taxes. Time periods.>>  
of the funds appropriated or otherwise made available by this Act may be 
used to enter into a contract in an amount greater than $5,000,000 or to 
award a grant in excess of such amount unless the prospective contractor 
or grantee certifies in writing to the agency awarding the contract or 
grant that, to the best of its knowledge and belief, the contractor or 
grantee has filed all Federal tax returns required during the three 
years preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, more than 
90 days prior to certification, been notified of any unpaid Federal tax 
assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in 
compromise that has been approved by the Internal Revenue Service and is 
not in default, or the assessment is the subject of a non-frivolous 
administrative or judicial proceeding.

                              (rescissions)

    Sec. 521. (a) <<NOTE: Deadlines.>>  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) <<NOTE: Reports.>>  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

[[Page 134 STAT. 1281]]

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 <<NOTE: Airline travel.>>  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 <<NOTE: Conference attendees.>>  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) <<NOTE: Determination. Notification. Deadline.>>  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 <<NOTE: Grants. Performance plan. Reports.>>  
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) <<NOTE: Time period.>>  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 <<NOTE: Light bulbs.>>  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) <<NOTE: China.>>  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.

[[Page 134 STAT. 1282]]

    (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) <<NOTE: Consultation. Certification.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Pornography.>>  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 <<NOTE: Spending plans. Deadline.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: State listing. Territories. Medical 
marijuana.>>  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,

[[Page 134 STAT. 1283]]

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 <<NOTE: Reports. China.>>  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 <<NOTE: Termination date. Determination.>>  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 <<NOTE: Definition.>>  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 <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>  
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) <<NOTE: Detainees. Cuba.>>  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 134 STAT. 1284]]

            (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) <<NOTE: Exports and imports. Canada. Firearms.>>  
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) <<NOTE: President. Determination. Federal Register, 
publication.>>  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 <<NOTE: Termination.>>  shall terminate the 
requirements of a license when reasons for the temporary requirements 
have ceased.

    Sec. 538.  Notwithstanding <<NOTE: Firearms. Ammunition.>>  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

[[Page 134 STAT. 1285]]

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 <<NOTE: Exports and imports. Firearms.>>  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''.

[[Page 134 STAT. 1286]]

DIVISION C--DEPARTMENT <<NOTE: Department of Defense Appropriations Act, 
2021.>>  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.

[[Page 134 STAT. 1287]]

                         Reserve Personnel, Army

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

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with performing duty specified in 
section 12310(a) of title 10, United States Code, or while undergoing 
reserve training, or while performing drills or equivalent duty or other 
duty, and expenses authorized by section 16131 of title 10, United 
States Code; and for payments to the Department of Defense Military 
Retirement Fund, $2,193,493,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army National Guard

[[Page 134 STAT. 1288]]

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,

[[Page 134 STAT. 1289]]

$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 <<NOTE: Deadline. Notification.>>  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 <<NOTE: Reports.>>  the Secretary of 
Defense shall provide quarterly

[[Page 134 STAT. 1290]]

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.

[[Page 134 STAT. 1291]]

              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 <<NOTE: Determinations.>>  the Department of the Army, 
$264,285,000, to remain available until transferred:  Provided, That the 
Secretary of the Army shall, upon determining that such funds are 
required for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Army, or for similar purposes, transfer the funds made 
available by this appropriation to other appropriations made available 
to the Department of the Army, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred:  Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation:  Provided further, That the 
transfer authority provided under this heading is in addition to any 
other transfer authority provided elsewhere in this Act.

                     Environmental Restoration, Navy

                      (including transfer of funds)

    For <<NOTE: Determinations.>>  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

[[Page 134 STAT. 1292]]

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 <<NOTE: Determinations.>>  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 <<NOTE: Determinations.>>  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 <<NOTE: Determinations.>>  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

[[Page 134 STAT. 1293]]

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

[[Page 134 STAT. 1294]]

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

[[Page 134 STAT. 1295]]

purposes, and such lands and interests therein, may be acquired, and 
construction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses necessary for the 
foregoing purposes, $8,603,112,000, to remain available for obligation 
until September 30, 2023.

                       Aircraft Procurement, Navy

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

                        Weapons Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related support 
equipment including spare parts, and accessories therefor; expansion of 
public and private plants, including the land necessary therefor, and 
such lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $4,477,773,000, to remain available for obligation 
until September 30, 2023.

            Procurement of Ammunition, Navy and Marine Corps

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

                    Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, or 
conversion of vessels as authorized by law, including armor and armament 
thereof, plant equipment, appliances, and machine tools and installation 
thereof in public and private plants; reserve plant and Government and 
contractor-owned equipment layaway;

[[Page 134 STAT. 1296]]

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 <<NOTE: Vessels.>>  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 <<NOTE: Vessels.>>  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

[[Page 134 STAT. 1297]]

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.

[[Page 134 STAT. 1298]]

                  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-

[[Page 134 STAT. 1299]]

owned equipment layaway, $5,837,347,000, to remain available for 
obligation until September 30, 2023.

                    Defense Production Act Purchases

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

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

          Research, Development, Test and Evaluation, Air Force

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

         Research, Development, Test and Evaluation, Space Force

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

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment,

[[Page 134 STAT. 1300]]

$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 <<NOTE: Reports.>>  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 <<NOTE: Notice. Deadline. Time 
period.>>  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: <<NOTE: Reviews.>>   Provided further, That the 
Comptroller General of the United States shall perform quarterly 
performance reviews of such deployment.

[[Page 134 STAT. 1301]]

           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 <<NOTE: Determination.>>  
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

[[Page 134 STAT. 1302]]

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 <<NOTE: Propaganda.>>  part of any appropriation 
contained in this Act shall be used for publicity or propaganda purposes 
not authorized by the Congress.

    Sec. 8002.  During <<NOTE: 10 USC 1584 note.>>  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 <<NOTE: Turkey.>>  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 <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1303]]

                           (transfer of funds)

    Sec. 8005.  Upon <<NOTE: Determination.>>  determination by the 
Secretary of Defense that such action is necessary in the national 
interest, the Secretary may, with the approval of the Office of 
Management and Budget, transfer not to exceed $4,000,000,000 of working 
capital funds of the Department of Defense or funds made available in 
this Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or any 
subdivision thereof, to be merged with and to be available for the same 
purposes, and for the same time period, as the appropriation or fund to 
which transferred:  Provided, That such authority to transfer may not be 
used unless for higher priority items, based on unforeseen military 
requirements, than those for which originally appropriated and in no 
case where the item for which funds are requested has been denied by the 
Congress: <<NOTE: Notification.>>   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 <<NOTE: Reprogramming requests.>>  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 <<NOTE: Reprogramming requests. Deadline.>>  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: <<NOTE: Applicability.>>   
Provided, That section 8005 shall apply when transfers of the amounts 
described in subsection (a) occur between appropriation accounts.

    Sec. 8007. (a) <<NOTE: Reports.>>  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;

[[Page 134 STAT. 1304]]

            (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) <<NOTE: Certification.>>  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 <<NOTE: Determination. Approval. Notification.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Notification. Deadline.>>  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 <<NOTE: Contracts. Notifications. Deadlines. 10 USC 
2306b note.>>  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

[[Page 134 STAT. 1305]]

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: <<NOTE: Analysis. Determination.>>   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) <<NOTE: Budget request.>>  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 <<NOTE: Humanitarian assistance. Territories.>>  
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. <<NOTE: Reports.>>  
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 <<NOTE: Determination. Hawaii.>>  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

[[Page 134 STAT. 1306]]

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) <<NOTE: Workforce reduction. Analysis.>>  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) <<NOTE: Budget request. Effective date.>>  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 <<NOTE: Lobbying.>>  of the funds made available by 
this Act shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation matters pending 
before the Congress.

    Sec. 8014.  None of the funds appropriated by this Act shall be 
available for the basic pay and allowances of any member of the Army 
participating as a full-time student and receiving benefits paid by the 
Secretary of Veterans Affairs from the Department of Defense Education 
Benefits Fund when time spent as a full-time student is credited toward 
completion of a service commitment:  Provided, That this section shall 
not apply to those members who have reenlisted with this option prior to 
October 1, 1987:  Provided further, That <<NOTE: Applicability.>>  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

[[Page 134 STAT. 1307]]

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 <<NOTE: Anchor and mooring chain.>>  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 <<NOTE: Definition.>>  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: <<NOTE: Waiver 
authority. Certification.>>   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 <<NOTE: Alcohol and alcoholic beverages.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Arms and munitions. Certification.>>  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

[[Page 134 STAT. 1308]]

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: <<NOTE: Waiver authority. Certification.>>   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 <<NOTE: Contracts.>>  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: <<NOTE: Applicability.>>   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 <<NOTE: Kuwait.>>  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 <<NOTE: Notifications. Deadlines.>>  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

[[Page 134 STAT. 1309]]

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) <<NOTE: Reports. Budget estimates.>>  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.

[[Page 134 STAT. 1310]]

    Sec. 8027.  None <<NOTE: Contracts.>>  of the funds appropriated or 
made available in this Act shall be used to procure carbon, alloy, or 
armor steel plate for use in any Government-owned facility or property 
under the control of the Department of Defense which were not melted and 
rolled in the United States or Canada: <<NOTE: Applicability.>>   
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: <<NOTE: Waiver 
authority. Certification.>>   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 <<NOTE: Definition. 10 USC 2241 note.>>  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: <<NOTE: Certification.>>   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) <<NOTE: Consultation. Determination. Contracts. Rescission. 41 
USC 8304 note.>>  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) <<NOTE: Memorandum.>>  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) <<NOTE: Reports.>>  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.),

[[Page 134 STAT. 1311]]

or any international agreement to which the United States is a party.

    (c) <<NOTE: Definition.>>  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) <<NOTE: Native Americans. State listing. Housing.>>  
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 <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 1312]]

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 <<NOTE: Regulations. Tobacco and tobacco 
products. 10 USC 2484 note.>>  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) <<NOTE: Budget request.>>  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 <<NOTE: 50 USC 3521 note.>>  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

[[Page 134 STAT. 1313]]

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) <<NOTE: Compliance.>>  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 <<NOTE: Definition.>>  purposes of this subsection, 
the term ``Buy American Act'' means chapter 83 of title 41, United 
States Code.

    (b) <<NOTE: Determinations. Labeling. Fraud. Debarment.>>  If the 
Secretary of Defense determines that a person has been convicted of 
intentionally affixing a label bearing a ``Made in America'' inscription 
to any product sold in or shipped to the United States that is not made 
in America, the Secretary shall determine, in accordance with section 
2410f of title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.

    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality competitive, and available in a timely fashion.
    Sec. 8041. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed Forces or 
        civilian employee of the department who is transferred or 
        reassigned from a headquarters activity if the member or 
        employee's place of duty remains at the location of that 
        headquarters.

    (b) <<NOTE: Waiver authority. Determination. Certification.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Contracts. Effective date.>>  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

[[Page 134 STAT. 1314]]

date of the enactment of this Act, is performed by Department of Defense 
civilian employees unless--
            (1) <<NOTE: Plan.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 1315]]

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

[[Page 134 STAT. 1316]]

(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 <<NOTE: North Korea.>>  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: <<NOTE: Armed Forces 
remains.>>   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 <<NOTE: Reimbursement. National Guard and 
Reserve.>>  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) <<NOTE: Drugs and drug abuse. 10 USC 274 note.>>  
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) <<NOTE: 50 USC 3506 note.>>  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 <<NOTE: Ball and roller bearings.>>  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 <<NOTE: Waiver 
authority. Certification.>>  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: <<NOTE: Determination. Grants.>>   
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

[[Page 134 STAT. 1317]]

specified as follows: $24,000,000 to the United Service Organizations 
and $25,000,000 to the Red Cross.

    Sec. 8051.  None <<NOTE: Supercomputers. Certification.>>  of the 
funds in this Act may be used to purchase any supercomputer which is not 
manufactured in the United States, unless the Secretary of Defense 
certifies to the congressional defense committees that such an 
acquisition must be made in order to acquire capability for national 
security purposes that is not available from United States 
manufacturers.

    Sec. 8052.  Notwithstanding any other provision in this Act, the 
Small Business Innovation Research program and the Small Business 
Technology Transfer program set-asides shall be taken proportionally 
from all programs, projects, or activities to the extent they contribute 
to the extramural budget. <<NOTE: Reports.>>  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 <<NOTE: Contracts.>>  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;

[[Page 134 STAT. 1318]]

            (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 <<NOTE: Budget statement. Time period.>>  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) <<NOTE: Reimbursement.>>  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: <<NOTE: Reports.>>   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

[[Page 134 STAT. 1319]]

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 <<NOTE: List.>>  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: <<NOTE: Certification. Compliance.>>   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: <<NOTE: Waiver 
authority. Certification.>>   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) <<NOTE: Waiver authority. Determination.>>  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) <<NOTE: Applicability. Contracts.>>  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 <<NOTE: Time 
period. Reports. Strategies. Cost estimates.>>  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

[[Page 134 STAT. 1320]]

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 <<NOTE: Waiver authority. Certification.>>  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 <<NOTE: Classified information. Reports.>>  
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 <<NOTE: Arms and munitions.>>  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 <<NOTE: Waiver authority. Time 
period.>>  any other provision of law, the Chief of the National Guard 
Bureau, or his designee, may waive payment of all or part of the 
consideration that otherwise would be required under section 2667 of 
title 10, United States Code, in the case of a lease of personal 
property for a period not in excess of 1 year to any organization 
specified in section 508(d) of title 32, United States Code, or any 
other youth, social, or fraternal nonprofit organization as may be 
approved by the Chief of the National Guard Bureau, or his designee, on 
a case-by-case basis.

                      (including transfer of funds)

    Sec. 8066.  Of <<NOTE: Contracts. Determinations.>>  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

[[Page 134 STAT. 1321]]

section may provide for such indemnification as the Secretary determines 
to be necessary: <<NOTE: Compliance.>>   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) <<NOTE: Study. Proposals.>>  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 <<NOTE: Risk assessment.>>  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) <<NOTE: Certifications.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: Determination. Grants. Fisher House Foundation, 
Inc.>>  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

[[Page 134 STAT. 1322]]

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 <<NOTE: Modification.>>  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 <<NOTE: Proposal.>>  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 <<NOTE: Time period. Notification.>>  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 <<NOTE: Notice. 10 USC 2302 note.>>  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 <<NOTE: Israel.>>  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.

[[Page 134 STAT. 1323]]

                      (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 <<NOTE: Notification.>>  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 <<NOTE: Budget justification. 10 USC 221 note.>>  
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: <<NOTE: Estimates. Data.>>   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

[[Page 134 STAT. 1324]]

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 <<NOTE: Nuclear armed interceptors.>>  of the funds 
in this Act may be used for research, development, test, evaluation, 
procurement or deployment of nuclear armed interceptors of a missile 
defense system.

    Sec. 8078.  The Secretary of Defense may use up to $650,000,000 of 
the amounts appropriated or otherwise made available in this Act to the 
Department of Defense for the rapid acquisition and deployment of 
supplies and associated support services pursuant to section 806 of the 
Bob Stump National Defense Authorization Act for Fiscal Year 2003 
(Public Law 107-314; 10 U.S.C. 2302 note), but only for the purposes 
specified in clauses (i), (ii), (iii), and (iv) of subsection (c)(3)(B) 
of such section and subject to the applicable limits specified in 
clauses (i), (ii), and (iii) of such subsection and, in the case of 
clause (iv) of such subsection, subject to a limit of 
$50,000,000: <<NOTE: Notification.>>   Provided, That the Secretary of 
Defense shall notify the congressional defense committees promptly of 
all uses of this authority.

    Sec. 8079.  None <<NOTE: 53rd Weather Reconnaissance Squadron.>>  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 <<NOTE: Foreign intelligence.>>  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) <<NOTE: Tactical unmanned aerial vehicles.>>  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 <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 1325]]

    Sec. 8084. (a) <<NOTE: Reports.>>  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) <<NOTE: Certification.>>  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 <<NOTE: Child soldiers.>>  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) <<NOTE: Notifications. Time periods.>>  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

[[Page 134 STAT. 1326]]

        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 <<NOTE: Satellite on-orbit incentives. 10 USC 2241 
note.>>  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 <<NOTE: Time period. Notification.>>  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 <<NOTE: Definition.>>  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) <<NOTE: Public information. Web 
posting. Reports. Determinations.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Contracts.>>  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--

[[Page 134 STAT. 1327]]

            (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) <<NOTE: Certification.>>  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) <<NOTE: Waiver authority. Determination.>>  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. <<NOTE: Transmittal. Public 
information. Deadline.>>  The Secretary of Defense shall transmit to 
Congress, and simultaneously make public, any determination under this 
subsection not less than 15 business days before the contract or 
subcontract addressed in the determination may be awarded.

                      (including transfer of funds)

    Sec. 8095.  From within the funds appropriated for operation and 
maintenance for the Defense Health Program in this Act, up to 
$137,000,000, shall be available for transfer to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund in accordance with the provisions of section 1704 of the National 
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:  
Provided, That for purposes of section 1704(b), the facility operations 
funded are operations of

[[Page 134 STAT. 1328]]

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: <<NOTE: Notification.>>   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 <<NOTE: Determination.>>  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: <<NOTE: Reprogramming requests. Deadline.>>   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 <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>  
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 <<NOTE: Detainees. Cuba.>>  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

[[Page 134 STAT. 1329]]

John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115-232).

    Sec. 8102. (a) <<NOTE: Rosoboronexport.>>  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) <<NOTE: Waiver 
authority. Consultation. Determination. Certification. Russia. Ukraine.>> 
 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) <<NOTE: Syria.>>  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) <<NOTE: Review. Reports.>>  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) <<NOTE: Detainees. Cuba.>>  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

[[Page 134 STAT. 1330]]

                    (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): <<NOTE: Reimbursement.>>   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 <<NOTE: Grants. Web posting.>>  Secretary of Defense 
shall post grant awards on a public website in a searchable format.

    Sec. 8107.  If <<NOTE: Allocation.>>  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 <<NOTE: Surveillance.>>  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 <<NOTE: Salaries.>>  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 <<NOTE: Reimbursements.>>  amounts are available for reimbursements 
to the Ready

[[Page 134 STAT. 1331]]

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 <<NOTE: Notifications. Time period.>>  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 <<NOTE: Waiver 
authority. Determination. Deadline. Notification.>>  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 <<NOTE: Consultation. Reports. Records. Time 
period. Firearms.>>  Secretary of Defense, in consultation with the 
Service Secretaries, shall submit a report to the congressional defense 
committees, not later than 180 days after the enactment of this Act, 
detailing the submission of records during the previous 12 months to 
databases accessible to the National Instant Criminal Background Check 
System (NICS), including the Interstate Identification Index (III), the 
National Crime Information Center (NCIC), and the NICS Index, as 
required by Public Law 110-180:  Provided, That such report shall 
provide the number and category of records submitted by month to each 
such database, by Service or Component:  Provided further, That such 
report shall identify the number and category of records submitted by 
month to those databases for which the Identification for Firearm Sales 
(IFFS) flag or other database flags were used to pre-validate the 
records and indicate that such persons are prohibited from receiving or 
possessing a firearm:  Provided further, That such report shall describe 
the steps taken during the previous 12 months, by Service or Component, 
to ensure complete and accurate submission and appropriate flagging of 
records of individuals prohibited from gun possession or receipt 
pursuant to 18 U.S.C. 922(g) or (n) including applicable records 
involving proceedings under the Uniform Code of Military Justice.

    Sec. 8113. (a) <<NOTE: Contracts.>>  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,

[[Page 134 STAT. 1332]]

That the Secretary <<NOTE: Deadline.>>  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 <<NOTE: Gaming. Adult entertainment.>>  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) <<NOTE: Pornography.>>  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 <<NOTE: Turkey.>>  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: <<NOTE: Grants. Contracts.>>   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: <<NOTE: Determination.>>   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.

[[Page 134 STAT. 1333]]

Reg. 55883 et seq.): <<NOTE: Applicability.>>   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 <<NOTE: Applicability.>>  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) <<NOTE: Embryos.>>  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) <<NOTE: Definition.>>  the term ``assisted reproductive 
        technology'' shall include embryo cryopreservation and storage 
        without limitation on the duration of such cryopreservation and 
        storage.

    Sec. 8120.  None <<NOTE: Cuba.>>  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 <<NOTE: Determination.>>  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: <<NOTE: Notification. Deadline.>>   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 <<NOTE: 10 USC 1475 note.>>  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) <<NOTE: Corporation. Taxes.>>  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

[[Page 134 STAT. 1334]]

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 <<NOTE: Reports. Plans. Certification.>>  of the 
funds appropriated or otherwise made available by this Act may be used 
to transfer any element of the Department of the Army, the Department of 
the Navy, or a Department of Defense agency to the Space Force unless, 
concurrent with the fiscal year 2022 budget submission (as submitted to 
Congress pursuant to section 1105 of title 31, United States Code), the 
Secretary of Defense provides a report to the Committees on 
Appropriations of the House of Representatives and the Senate, detailing 
any plans to transfer appropriate space elements of the Department of 
the Army, the Department of the Navy, or a Department of Defense agency 
to the Space Force and certifies in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that such 
transfer is consistent with the mission of the Space Force and will not 
have an adverse impact on the Department or agency from which such 
element is being transferred:  Provided, That such report shall include 
fiscal year 2022 budget and future years defense program adjustments 
associated with such planned transfers.

    Sec. 8128.  Funds appropriated in titles I and IX of this Act under 
headings for ``Military Personnel'' may be used for expenses described 
therein for members of the Space Force on active duty:  Provided, That 
amounts appropriated under such headings may be used for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund.
    Sec. 8129.  Notwithstanding any other provision of this Act, to 
reflect savings due to favorable foreign exchange rates, the total 
amount appropriated in this Act is hereby reduced by $375,000,000.
    Sec. 8130.  Notwithstanding any other provision of this Act, to 
reflect savings due to lower than anticipated fuel costs, the total 
amount appropriated in this Act is hereby reduced by $1,700,362,000.

[[Page 134 STAT. 1335]]

    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) <<NOTE: Deadline. Notification.>>  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

[[Page 134 STAT. 1336]]

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 <<NOTE: Contracts.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Contracts.>>  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, <<NOTE: Coordination.>>  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, <<NOTE: Definition. Determination.>>  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 <<NOTE: Contracts. Icebreaking vessels.>>  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

[[Page 134 STAT. 1337]]

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.

[[Page 134 STAT. 1338]]

                         Reserve Personnel, Navy

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

                     Reserve Personnel, Marine Corps

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

                      Reserve Personnel, Air Force

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

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$195,314,000:  Provided, That such amount is designated by the Congress 
for Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                   National Guard Personnel, Air Force

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

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

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

                     Operation and Maintenance, Navy

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

[[Page 134 STAT. 1339]]

                 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.

[[Page 134 STAT. 1340]]

              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 <<NOTE: Contracts.>>  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: <<NOTE: Notification. Reports.>>   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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1341]]

the funds received and the specific use of such contributions:  Provided 
further, That <<NOTE: Deadline. Notification.>>  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: <<NOTE: Notification.>>   
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: <<NOTE: Notification.>>   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: <<NOTE: Consultation. Certification.>>   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 <<NOTE: Iraq. Syria.>> 

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip 
Fund'', $710,000,000, to remain available until September 30, 
2022: <<NOTE: Coordination.>>   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: <<NOTE: Designation. Coordination. Notification.>>   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

[[Page 134 STAT. 1342]]

committees of such designation: <<NOTE: Assessment.>>   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: <<NOTE: Deadline. Notification.>>   Provided further, 
That the Secretary of Defense shall, not fewer than 15 days prior to 
obligating from this appropriation account, notify the congressional 
defense committees in writing of the details of any such obligation:  
Provided further, That the Secretary of Defense may accept and retain 
contributions, including assistance in-kind, from foreign governments, 
including the Government of Iraq and other entities, to carry out 
assistance authorized under this heading:  Provided further, That 
contributions of funds for the purposes provided herein from any foreign 
government or other entity may be credited to this Fund, to remain 
available until expended, and used for such purposes:  Provided further, 
That the Secretary of Defense shall prioritize such contributions when 
providing any assistance for construction for facility fortification:  
Provided further, That <<NOTE: Waiver 
authority. Determination. Notification.>>  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: <<NOTE: Notification.>>   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: <<NOTE: Determination. Notification.>>   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 <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1343]]

                               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.

[[Page 134 STAT. 1344]]

                        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

[[Page 134 STAT. 1345]]

for Overseas Contingency 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 <<NOTE: Deadline. Assessments.>>  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

[[Page 134 STAT. 1346]]

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

          Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $5,304,000, to remain available until September 
30, 2022:  Provided, That such amount is designated by the Congress for 
Overseas Contingency Operations/Global War on Terrorism pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

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

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

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

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

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

                     Office of the Inspector General

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

                     GENERAL PROVISIONS--THIS TITLE

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

[[Page 134 STAT. 1347]]

                      (including transfer of funds)

    Sec. 9002.  Upon <<NOTE: Determination.>>  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 <<NOTE: Notification.>>  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: <<NOTE: Time 
period. Reports.>>   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: <<NOTE: Reports.>>   Provided, That the Secretary of Defense 
shall

[[Page 134 STAT. 1348]]

provide quarterly reports to the congressional defense committees 
regarding support provided under this section.

    Sec. 9007.  None <<NOTE: Iraq.>>  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) <<NOTE: Syria.>>  To exercise United States control over 
        any oil resource of Iraq or Syria.
            (3) <<NOTE: Afghanistan.>>  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 <<NOTE: Plan.>>  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 <<NOTE: Requirements.>>  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 <<NOTE: Certification. Compliance process.>>  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, <<NOTE: Determination.>>  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

[[Page 134 STAT. 1349]]

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 <<NOTE: Ukraine.>>  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: <<NOTE: Coordination.>>   
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 <<NOTE: Deadline. Notification.>>  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 <<NOTE: Deadline.>>  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 <<NOTE: Notification.>>  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: <<NOTE: Reports.>>   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 <<NOTE: Ukraine.>>  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 <<NOTE: Azov Battalion.>>  of the funds made 
available by this Act may be used to provide arms, training, or other 
assistance to the Azov Battalion.

    Sec. 9016.  Equipment procured using funds provided in prior Acts 
under the heading ``Counterterrorism Partnerships Fund'' for the program 
authorized by section 1209 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113-291), and not yet transferred to authorized recipients may be 
transferred to foreign security forces, irregular forces, groups, or 
individuals, authorized to receive assistance using amounts provided 
under the heading ``Counter-ISIS Train and Equip Fund'' in this 
Act: <<NOTE: Deadline. Notification.>>   Provided, That such equipment 
may be transferred 15 days following written notification to the 
congressional defense committees.

    Sec. 9017.  None <<NOTE: Iraq.>>  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

[[Page 134 STAT. 1350]]

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 <<NOTE: Syria.>>  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 <<NOTE: Afghanistan.>>  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 <<NOTE: Afghanistan. Certification. Deadlines. Reports.>>  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: <<NOTE: Time 
period.>>   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 <<NOTE: Taliban. Afghanistan.>>  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 <<NOTE: Iran.>>  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

[[Page 134 STAT. 1351]]

Overseas Contingency 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 <<NOTE: Deadline. Notification.>>  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: <<NOTE: Reports.>>   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 <<NOTE: Afghanistan. Reimbursements.>>  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: <<NOTE: Consultation. Determinations. Deadline. Notification.>>   
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: <<NOTE: Deadline. Notification.>>  
 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-

[[Page 134 STAT. 1352]]

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 <<NOTE: Reports.>>  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 <<NOTE: Reimbursements. Jordan. Lebanon. Egypt. Tunisia. Oman.>>  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: <<NOTE: Deadline. Notification.>>   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 <<NOTE: Reports.>>  
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 <<NOTE: President.>>  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 <<NOTE: Energy and Water Development and Related 
Agencies Appropriations Act, 2021.>>  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.

[[Page 134 STAT. 1353]]

                             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 <<NOTE: Studies.>>  Secretary shall 
initiate nine new study starts during fiscal year 2021: <<NOTE: Work 
plan.>>   Provided further, That the Secretary shall not deviate from 
the new starts proposed in the work plan, once the plan has been 
submitted to the Committees on Appropriations of both Houses of 
Congress.

                              construction

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

                    mississippi river and tributaries

    For expenses necessary for flood damage reduction projects and 
related efforts in the Mississippi River alluvial valley below Cape 
Girardeau, Missouri, as authorized by law, $380,000,000, to remain 
available until expended, of which such sums as are necessary to cover 
the Federal share of eligible operation and maintenance costs for inland 
harbors shall be derived from the Harbor Maintenance Trust 
Fund: <<NOTE: Study.>>   Provided, That the Secretary shall initiate one 
new study start in fiscal year 2021: <<NOTE: Work plan.>>   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,

[[Page 134 STAT. 1354]]

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;

[[Page 134 STAT. 1355]]

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: <<NOTE: Reports. Work plan.>>   
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,

[[Page 134 STAT. 1356]]

any part of which is to be guaranteed, not to exceed $950,000,000:  
Provided further, 
That, <<NOTE: Consultation. Reports. Analyses. Determination. Estimates. 
Regulations.>>  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: <<NOTE: Criteria.>>   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 <<NOTE: Certification. Compliance.>>  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 134 STAT. 1357]]

              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) <<NOTE: Advance approval.>>  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) <<NOTE: Advance approval.>>  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) <<NOTE: Advance approval.>>  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: <<NOTE: Notification.>>   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) <<NOTE: Guidelines. Applicability.>>  Mississippi river 
        and tributaries.--The reprogramming guidelines in paragraphs 
        (6), (7), and (8) shall apply

[[Page 134 STAT. 1358]]

        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) <<NOTE: Reports.>>  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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1359]]

Works functions or authority of the Corps of Engineers or the Secretary 
of the Army to another department or agency.
    Sec. 107.  Additional <<NOTE: Determination.>>  funding provided in 
this Act shall be allocated only to projects determined to be eligible 
by the Chief of Engineers.

    Sec. 108.  None <<NOTE: Kentucky.>>  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) <<NOTE: Contracts. Deadline.>>  For new construction projects, 
project cost sharing agreements shall be executed as soon as practicable 
but no later than December 31, 2021.

    (c) <<NOTE: Funding scenario.>>  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) <<NOTE: Work plan.>>  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

[[Page 134 STAT. 1360]]

facilities, participation in fulfilling related Federal responsibilities 
to Native Americans, and related grants to, and cooperative and other 
agreements with, State and local governments, federally recognized 
Indian Tribes, and others, $1,521,125,000, to remain available until 
expended, of which $58,476,000 shall be available for transfer to the 
Upper Colorado River Basin Fund and $5,584,000 shall be available for 
transfer to the Lower Colorado River Basin Development Fund; of which 
such amounts as may be necessary may be advanced to the Colorado River 
Dam Fund:  Provided, That $25,882,000 shall be available for transfer 
into the Blackfeet Water Settlement Implementation Fund established by 
section 3717 of Public Law 114-322:  Provided further, That such 
transfers may be increased or decreased within the overall appropriation 
under this heading:  Provided further, That of the total appropriated, 
the amount for program activities that can be financed by the 
Reclamation Fund or the Bureau of Reclamation special fee account 
established by 16 U.S.C. 6806 shall be derived from that Fund or 
account:  Provided further, That funds contributed under 43 U.S.C. 395 
are available until expended for the purposes for which the funds were 
contributed:  Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading:  Provided 
further, That of the amounts provided herein, funds may be used for 
high-priority projects which shall be carried out by the Youth 
Conservation Corps, as authorized by 16 U.S.C. 1706:  Provided further, 
That within available funds, $250,000 shall be for grants and financial 
assistance for educational activities:  Provided further, That in 
accordance with section 4007 of Public Law 114-322, funding provided for 
such purpose in fiscal years 2017, 2018, 2019, and 2020 shall be made 
available for the construction, pre-construction, or study of the 
Friant-Kern Canal Capacity Correction Resulting from Subsidence, the 
Boise River Basin--Anderson Ranch Dam Raise, the North-of-the-Delta Off 
Stream Storage (Sites Reservoir Project), the Los Vaqueros Reservoir 
Phase 2 Expansion Project, and the Cle Elum Pool Raise (Yakima), as 
recommended by the Secretary in the letters dated June 22, 2020, and 
December 3, 2020, inclusive; the Delta Mendota Canal Subsidence 
Correction, the Del Puerto Water District, the San Luis Low Point 
Improvement Project, and the Sacramento Regional Water Bank, as 
recommended by the Secretary in the letter dated June 22, 2020:  
Provided further, That in accordance with section 4009(c) of Public Law 
114-322, and as recommended by the Secretary in a letter dated December 
3, 2020, funding provided for such purpose in fiscal years 2019 and 2020 
shall be made available to the El Paso Aquifer Storage and Recovery 
Using Reclaimed Water Project, the Pure Water Monterey: A Groundwater 
Replenishment Project, the Pure Water Soquel: Groundwater Replenishment 
and Seawater Intrusion Prevention Project, the Magna Water District 
Water Reclamation and Reuse Project, the Pure Water Oceanside: Mission 
Basin Groundwater Purification Facility Project, the Groundwater 
Reliability Improvement Program Recycled Water Project, and the Palmdale 
Regional Groundwater Recharge and Recovery Project:  Provided further, 
That in accordance with section 4009(a) of Public Law 114-322, and as 
recommended by the Secretary in a letter dated December 3, 2020, funding 
provided for such purpose in fiscal years 2019 and 2020 shall be made 
available to the Doheny Ocean Desalination Project, the North Pleasant

[[Page 134 STAT. 1361]]

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) <<NOTE: Advance approvals.>>  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

[[Page 134 STAT. 1362]]

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) <<NOTE: Definition.>>  For purposes of this section, the term 
``transfer'' means any movement of funds into or out of a program, 
project, or activity.

    (d) <<NOTE: Reports.>>  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) <<NOTE: Determination. California. Plan.>>  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) <<NOTE: Reimbursement.>>  The costs of the Kesterson Reservoir 
Cleanup Program and the costs of the San Joaquin Valley Drainage Program 
shall

[[Page 134 STAT. 1363]]

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) <<NOTE: 123 Stat. 1309.>>  is amended by 
striking ``2020'' and inserting ``2021''.

    Sec. 206.  Section 6002(g)(4) of the Omnibus Public Land Management 
Act of 2009 (Public Law 111-11) <<NOTE: 16 USC 1015a.>>  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,

[[Page 134 STAT. 1364]]

$165,000,000 shall be available until September 30, 2022, for program 
direction:  Provided further, That of the unobligated balances available 
from amounts appropriated in Public Law 111-8 under this heading, 
$806,831 is hereby rescinded:  Provided further, That of the unobligated 
balances available from amounts appropriated in Public Law 111-85 under 
this heading, $1,433,462 is hereby rescinded:  Provided further, That no 
amounts may be rescinded under the previous two provisos from amounts 
that were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.

         Cybersecurity, Energy Security, and Emergency Response

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

                               Electricity

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

                             Nuclear Energy

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

                 Fossil Energy Research and Development

    For Department of Energy expenses necessary in carrying out fossil 
energy research and development activities, under the authority of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition of interest, including defeasible and 
equitable interests in any real property or any facility or for plant or 
facility acquisition or expansion, and for conducting inquiries, 
technological investigations and research concerning the

[[Page 134 STAT. 1365]]

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

[[Page 134 STAT. 1366]]

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:

[[Page 134 STAT. 1367]]

 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

[[Page 134 STAT. 1368]]

2009, are designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                  Tribal Energy Loan Guarantee Program

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

               Office of Indian Energy Policy and Programs

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

                       Departmental Administration

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

                     Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including

[[Page 134 STAT. 1369]]

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.

[[Page 134 STAT. 1370]]

                        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,

[[Page 134 STAT. 1371]]

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

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, $259,126,000, including official reception and 
representation expenses in an amount not to exceed $1,500, to remain 
available until expended, of which $259,126,000 shall be derived from 
the Department of the Interior Reclamation Fund:  Provided, That 
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of 
1944 (16 U.S.C. 825s), and section 1 of the Interior Department 
Appropriation Act, 1939 (43 U.S.C. 392a), up to $169,754,000 collected 
by the Western Area Power Administration from the sale of power and 
related services shall be credited to this account as discretionary 
offsetting collections, to remain available until expended, for the sole 
purpose of funding the annual expenses of the Western Area Power 
Administration:  Provided further, That the sum herein appropriated for 
annual expenses shall be reduced as collections are received during the 
fiscal year so as to result in a final fiscal year 2021 appropriation 
estimated at not more than $89,372,000, of which $89,372,000 is derived 
from the Reclamation Fund:  Provided further, That notwithstanding 31 
U.S.C. 3302, up to $192,000,000 collected by the Western Area Power 
Administration pursuant to the Flood Control Act of 1944 and the 
Reclamation Project Act of 1939 to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, to 
remain available until expended for the sole purpose of making purchase 
power and wheeling

[[Page 134 STAT. 1372]]

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 <<NOTE: 42 USC 7171 
note.>>  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

[[Page 134 STAT. 1373]]

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) <<NOTE: Notifications. Deadline.>>  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) <<NOTE: Grants.>>  make a grant allocation or 
        discretionary grant award totaling $1,000,000 or more;
            (B) <<NOTE: Contracts.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Contracts. Grants.>>  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) <<NOTE: Notification. Time period.>>  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.

[[Page 134 STAT. 1374]]

    (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) <<NOTE: Notification. Advance approval. Time period.>>  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) <<NOTE: Waiver authority.>>  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) <<NOTE: Notification. Deadline.>>  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 <<NOTE: Oversight. Compliance.>>  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 <<NOTE: Cost estimate.>>  of the funds made 
available in this title may be used to approve critical decision-2 or 
critical decision-3 under

[[Page 134 STAT. 1375]]

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 <<NOTE: Determination. President.>>  
section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), 
upon a determination by the President in this fiscal year that a 
regional supply shortage of refined petroleum product of significant 
scope and duration exists, that a severe increase in the price of 
refined petroleum product will likely result from such shortage, and 
that a draw down and sale of refined petroleum product would assist 
directly and significantly in reducing the adverse impact of such 
shortage, the Secretary of Energy may draw down and sell refined 
petroleum product from the Strategic Petroleum Reserve. Proceeds from a 
sale under this section shall be deposited into the SPR Petroleum 
Account established in section 167 of the Energy Policy and Conservation 
Act (42 U.S.C. 6247), and such amounts shall be available for 
obligation, without fiscal year limitation, consistent with that 
section.

    Sec. 306. (a) Of the offsetting collections, including unobligated 
balances of such collections, in the ``Department of Energy--Power 
Marketing Administration--Colorado River Basins Power Marketing Fund, 
Western Area Power Administration'', $21,400,000 shall be transferred to 
the ``Department of the Interior--Bureau of Reclamation--Upper Colorado 
River Basin Fund'' for the Bureau of Reclamation to carry out 
environmental stewardship and endangered species recovery efforts.
    (b) No funds shall be transferred directly from ``Department of 
Energy--Power Marketing Administration--Colorado River Basins Power 
Marketing Fund, Western Area Power Administration'' to the general fund 
of the Treasury in the current fiscal year.

                                TITLE IV

                          INDEPENDENT AGENCIES

                     Appalachian Regional Commission

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

                 Defense Nuclear Facilities Safety Board

                          salaries and expenses

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

[[Page 134 STAT. 1376]]

                        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

[[Page 134 STAT. 1377]]

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 <<NOTE: Compliance.>>  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) <<NOTE: Notification. Time period.>>  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) <<NOTE: Waiver authority.>>  The Nuclear Regulatory 
Commission may waive the notification requirement in subsection (a) if 
compliance with such

[[Page 134 STAT. 1378]]

requirement would pose a substantial risk to human health, the 
environment, welfare, or national security.

    (2) <<NOTE: Notification. Deadline.>>  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. <<NOTE: Reports.>>  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) <<NOTE: Reports.>>  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 <<NOTE: Lobbying.>>  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

[[Page 134 STAT. 1379]]

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) <<NOTE: Reports. Time periods.>>  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) <<NOTE: Pornography.>>  None of the funds made 
available in this Act may be used to maintain or establish a computer 
network unless such network blocks the viewing, downloading, and 
exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary 
for any Federal, State, Tribal, or local law enforcement agency or any 
other entity carrying out criminal investigations, prosecution, or 
adjudication activities.

    Sec. 505. (a) <<NOTE: Waivers. 7 USC 2009aa-3 note.>>  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) <<NOTE: 40 USC 15501 note.>>  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) <<NOTE: 42 USC 3121 note.>>  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''.

[[Page 134 STAT. 1380]]

DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government 
Appropriations Act, 2021. Department of the Treasury Appropriations Act, 
2021.>>  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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1381]]

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''.

[[Page 134 STAT. 1382]]

                       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.

[[Page 134 STAT. 1383]]

                      Bureau of the Fiscal Service

                          salaries and expenses

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

                Alcohol and Tobacco Tax and Trade Bureau

                          salaries and expenses

    For necessary expenses of carrying out section 1111 of the Homeland 
Security Act of 2002, including hire of passenger motor vehicles, 
$124,337,000; of which not to exceed $6,000 shall be available for 
official reception and representation expenses; and of which not to 
exceed $50,000 shall be available for cooperative research and 
development programs for laboratory services; and provision of 
laboratory assistance to State and local agencies with or without 
reimbursement:  Provided, That of the amount appropriated under this 
heading, $5,000,000 shall be for the costs of accelerating the 
processing of formula and label applications:  Provided further, That of 
the amount appropriated under this heading, $5,000,000, to remain 
available until September 30, 2022, shall be for the costs associated 
with enforcement of and education regarding the trade practice 
provisions of the Federal Alcohol Administration Act (27 U.S.C. 201 et 
seq.).

                           United States Mint

                united states mint public enterprise fund

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

    Community Development Financial Institutions Fund Program Account

    To carry out the Riegle Community Development and Regulatory 
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325), 
including services authorized by section 3109 of title 5, United States 
Code, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for EX-III, $270,000,000. Of the amount 
appropriated under this heading--

[[Page 134 STAT. 1384]]

            (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: <<NOTE: Definition. Time period.>>   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

[[Page 134 STAT. 1385]]

        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: <<NOTE: Termination date. 12 USC 4713a 
        note.>>   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 <<NOTE: Definition. Puerto Rico. Time period.>>  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

[[Page 134 STAT. 1386]]

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 <<NOTE: Reports. Summaries. 26 USC 7801 
note.>>  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

[[Page 134 STAT. 1387]]

and mitigation strategies associated with ongoing work; reasons for any 
cost or schedule variances; and total expenditures by fiscal year:  
Provided further, That <<NOTE: Summaries.>>  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: <<NOTE: Reports. Summaries. Strategies. 26 USC 7801 
note.>>   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 <<NOTE: Advance approval.>>  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 <<NOTE: Procedures. Confidentiality. Identity 
theft.>>  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 <<NOTE: Notice.>>  Internal Revenue Service shall 
issue a notice of confirmation of any address change relating to an 
employer

[[Page 134 STAT. 1388]]

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 <<NOTE: Advance approval.>>  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

[[Page 134 STAT. 1389]]

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 <<NOTE: Advance approval.>>  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: <<NOTE: Reimbursement.>>   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 <<NOTE: Plan. Deadline.>>  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:

[[Page 134 STAT. 1390]]

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 <<NOTE: Reports.>>  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 <<NOTE: Non profit organizations.>>  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) <<NOTE: Applicability. Determination.>>  the standard 
        and definitions as in effect on January 1, 2010, which are used 
        to make such determinations shall apply after the date of the 
        enactment of this Act for purposes of determining status under 
        section 501(c)(4) of such Code of organizations created on, 
        before, or after such date.

    Sec. 123. (a) <<NOTE: Time period. Reports.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Testimony.>>  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''.

[[Page 134 STAT. 1391]]

 TITLE II <<NOTE: Executive Office of the President Appropriations Act, 
2021.>> 

    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 <<NOTE: Notice. Deadlines.>>  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 <<NOTE: Penalties. Deadlines.>>  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

[[Page 134 STAT. 1392]]

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: <<NOTE: Reports.>>   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 <<NOTE: Records.>>  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.

[[Page 134 STAT. 1393]]

             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 <<NOTE: Deadline. Policy reviews.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1394]]

              Intellectual Property Enforcement Coordinator

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

                 Office of National Drug Control Policy

                          salaries and expenses

    For necessary expenses of the Office of National Drug Control 
Policy; for research activities pursuant to the Office of National Drug 
Control Policy Reauthorization Act of 1998, as amended; not to exceed 
$10,000 for official reception and representation expenses; and for 
participation in joint projects or in the provision of services on 
matters of mutual interest with nonprofit, research, or public 
organizations or agencies, with or without reimbursement, $18,400,000:  
Provided, That <<NOTE: 21 USC 1702 note.>>  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 <<NOTE: Deadline.>>  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: <<NOTE: Notifications. Deadlines. Determination. Consultat
ion.>>   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: <<NOTE: Determination.>>   Provided further, That upon a 
determination that all

[[Page 134 STAT. 1395]]

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: <<NOTE: Deadline. Spending plan.>>   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.

[[Page 134 STAT. 1396]]

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 <<NOTE: Advance approval.>>  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) <<NOTE: President. Cost estimates.>>  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) <<NOTE: Summary.>>  a narrative summary of the budgetary 
        impact of such order or memorandum on the Federal Government;
            (2) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1397]]

    (c) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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 <<NOTE: Deadline. Memorandum. Compliance.>>  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 <<NOTE: Judiciary Appropriations Act, 2021.>> 

                              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.

[[Page 134 STAT. 1398]]

               United States Court of International Trade

                          salaries and expenses

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

     Courts of Appeals, District Courts, and Other Judicial Services

                          salaries and expenses

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

                            defender services

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

[[Page 134 STAT. 1399]]

                    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.

[[Page 134 STAT. 1400]]

                   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 <<NOTE: Applicability.>>  3315(a) of title 40, 
United States Code, shall be applied by substituting ``Federal'' for 
``executive'' each place it appears.

    Sec. 305.  In <<NOTE: Consultation.>>  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). <<NOTE: Reimbursement.>>  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

[[Page 134 STAT. 1401]]

            (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 <<NOTE: District of Columbia Appropriations Act, 2021.>> 

                          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: <<NOTE: Account.>>   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 <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1402]]

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

    For <<NOTE: Determination. Consultation.>>  a Federal payment of 
necessary expenses, as determined by the Mayor of the District of 
Columbia in written consultation with the elected county or city 
officials of surrounding jurisdictions, $38,400,000, to remain available 
until expended, for an additional amount for fiscal year 2021, for the 
costs of providing public safety at events related to the presence of 
the National Capital in the District of Columbia, including support 
requested by the Director of the United States Secret Service in 
carrying out protective duties under the direction of the Secretary of 
Homeland Security, and for the costs of providing support to respond to 
immediate and specific terrorist threats or attacks in the District of 
Columbia or surrounding jurisdictions:  Provided, That, of the amount 
provided under this heading in this Act, $21,872,372 shall be used for 
costs associated with the Presidential Inauguration held in January 
2021, and shall be in addition to the amount made available for this 
purpose in section 131 of the Continuing Appropriations Act, 2021 and 
Other Extensions Act (Public Law 116-159).

           federal payment to the district of columbia courts

    For salaries and expenses for the District of Columbia Courts, 
$250,088,000 to be allocated as follows: for the District of Columbia 
Court of Appeals, $14,682,000, of which not to exceed $2,500 is for 
official reception and representation expenses; for the Superior Court 
of the District of Columbia, $125,660,000, of which not to exceed $2,500 
is for official reception and representation expenses; for the District 
of Columbia Court System, $79,247,000, of which not to exceed $2,500 is 
for official reception and representation expenses; and $30,499,000, to 
remain available until September 30, 2022, for capital improvements for 
District of Columbia courthouse facilities:  Provided, That funds made 
available for capital improvements shall be expended consistent with the 
District of Columbia Courts master plan study and facilities condition 
assessment:  Provided further, That, in addition to the amounts 
appropriated herein, fees received by the District of Columbia Courts 
for administering bar examinations and processing District of Columbia 
bar admissions may be retained and credited to this appropriation, to 
remain available until expended, for salaries and expenses associated 
with such activities, notwithstanding section 450 of the District of 
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50): <<NOTE: Time 
period.>>   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 <<NOTE: Deadline. Notification.>>  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.

[[Page 134 STAT. 1403]]

  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: <<NOTE: Time period.>>   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: <<NOTE: Time period.>>   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.

[[Page 134 STAT. 1404]]

   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 <<NOTE: Time period.>>  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, <<NOTE: Scholarships.>>  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.

[[Page 134 STAT. 1405]]

       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: <<NOTE: Compliance.>>   Provided further, That such increases 
shall be approved by enactment of local District law and shall comply 
with all reserve requirements contained in the District of Columbia Home 
Rule Act:  Provided further, That the Chief Financial Officer of the 
District of Columbia shall take such steps as are necessary to assure 
that the District of Columbia meets these requirements, including the 
apportioning by the Chief Financial Officer of the appropriations and 
funds made available to the District during fiscal year 2021, except 
that the Chief Financial Officer may not reprogram for operating 
expenses any funds derived from bonds, notes, or other obligations 
issued for capital projects.

    This title may be cited as the ``District of Columbia Appropriations 
Act, 2021''.

[[Page 134 STAT. 1406]]

                                 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).

[[Page 134 STAT. 1407]]

      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) <<NOTE: Consultation. Study. Determination.>>  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) <<NOTE: Reports.>>  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

[[Page 134 STAT. 1408]]

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 <<NOTE: 113 Stat. 3998.>>  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

[[Page 134 STAT. 1409]]

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

             Federal Permitting Improvement Steering Council

                  environmental review improvement fund

                      (including transfer of funds)

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

                        Federal Trade Commission

                          salaries and expenses

    For necessary expenses of the Federal Trade Commission, including 
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
services as authorized by 5 U.S.C. 3109; hire of passenger motor 
vehicles; and not to exceed $2,000 for official reception and 
representation expenses, $351,000,000, to remain available until 
expended:  Provided, That not to exceed $300,000 shall be available for 
use to contract with a person or persons for collection services in 
accordance with the terms of 31 U.S.C. 3718:  Provided further, That, 
notwithstanding any other provision of law, not to exceed $150,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall 
be retained and used for necessary expenses in this appropriation:  
Provided further, That, notwithstanding any other provision of law, not 
to exceed $19,000,000 in offsetting collections derived from fees 
sufficient to implement and enforce the Telemarketing Sales Rule, 
promulgated under the Telemarketing and Consumer Fraud and Abuse 
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this 
account, and be retained and used for necessary expenses in this 
appropriation:  Provided further, That the sum herein appropriated from 
the general fund shall be reduced as such offsetting collections are 
received during fiscal year 2021, so as to result in a final fiscal year 
2021 appropriation from the general fund estimated at not more than

[[Page 134 STAT. 1410]]

$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 <<NOTE: Advance approvals.>>  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:

[[Page 134 STAT. 1411]]

        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.

[[Page 134 STAT. 1412]]

                           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,

[[Page 134 STAT. 1413]]

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: <<NOTE: Reimbursements.>>   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: <<NOTE: Rescission.>>   Provided 
further, That in the case where the President-elect is the incumbent 
President or in the case where the Vice-President-elect is the incumbent 
Vice President, $8,900,000 is hereby permanently rescinded, pursuant to 
section 3(g) of the Presidential Transition Act of 1963.

                      technology modernization fund

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

                asset proceeds and space management fund

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

       administrative provisions--general services administration

                      (including transfer of funds)

    Sec. 520.  Funds available to the General Services Administration 
shall be available for the hire of passenger motor vehicles.

[[Page 134 STAT. 1414]]

    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: <<NOTE: Advance approval.>>   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 <<NOTE: Courts. Study.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Contracts. Determination. Statement.>>  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 <<NOTE: Spending plan. Deadline.>>  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.

[[Page 134 STAT. 1415]]

                  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).

[[Page 134 STAT. 1416]]

                  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.

[[Page 134 STAT. 1417]]

                       Office of Government Ethics

                          salaries and expenses

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

                     Office of Personnel Management

                          salaries and expenses

                   (including transfer of trust funds)

    For necessary expenses to carry out functions of the Office of 
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 
1978 and the Civil Service Reform Act of 1978, including services as 
authorized by 5 U.S.C. 3109; medical examinations performed for veterans 
by private physicians on a fee basis; rental of conference rooms in the 
District of Columbia and elsewhere; hire of passenger motor vehicles; 
not to exceed $2,500 for official reception and representation expenses; 
and payment of per diem and/or subsistence allowances to employees where 
Voting Rights Act activities require an employee to remain overnight at 
his or her post of duty, $160,130,000:  Provided, That of the total 
amount made available under this heading, at least $9,000,000 shall 
remain available until expended, for information technology 
infrastructure modernization and Trust Fund Federal Financial System 
migration or modernization, and shall be in addition to funds otherwise 
made available for such purposes:  Provided further, That of the total 
amount made available under this heading, not less than $350,000 shall 
be used to hire additional congressional liaisons:  Provided further, 
That of the total amount made available under this heading, $1,068,000 
may be made available for strengthening the capacity and capabilities of 
the acquisition workforce (as defined by the Office of Federal 
Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including 
the recruitment, hiring, training, and retention of such workforce and 
information technology in support of acquisition workforce effectiveness 
or for management solutions to improve acquisition management; and in 
addition $169,625,000 for administrative expenses, to be transferred 
from the appropriate trust funds of OPM without regard to other 
statutes, including direct procurement of printed materials, for the 
retirement and insurance programs:  Provided further, That the 
provisions of this appropriation shall not affect the authority to use 
applicable trust funds as provided by sections 8348(a)(1)(B), 
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United 
States Code:  Provided further, That no part of this appropriation shall 
be available for salaries and expenses of the Legal Examining Unit of 
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or 
any successor unit of like purpose:  Provided further, 
That <<NOTE: Donations.>>  the President's Commission on White House 
Fellows, established by Executive Order No. 11183 of October 3, 1964, 
may,

[[Page 134 STAT. 1418]]

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.

[[Page 134 STAT. 1419]]

                      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

[[Page 134 STAT. 1420]]

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: <<NOTE: President.>>   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: <<NOTE: Fees.>>   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.

[[Page 134 STAT. 1421]]

                  entrepreneurial development programs

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

                       office of inspector general

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

                           office of advocacy

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

                     business loans program account

                      (including transfer of funds)

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

[[Page 134 STAT. 1422]]

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 <<NOTE: Advance approval.>>  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.

[[Page 134 STAT. 1423]]

                      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 <<NOTE: Mail.>>  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 <<NOTE: Certificate.>>  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.

[[Page 134 STAT. 1424]]

    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 <<NOTE: Contracts.>>  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 <<NOTE: Compliance.>>  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 <<NOTE: Advance approval.>>  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 <<NOTE: Consultation.>>  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 <<NOTE: Reports.>>  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

[[Page 134 STAT. 1425]]

for application of reprogramming and transfer authorities for the 
current fiscal year: <<NOTE: Applicability.>>   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: <<NOTE: Penalties.>>   Provided 
further, That the amount appropriated or limited for salaries and 
expenses for an agency shall be reduced by $100,000 per day for each day 
after the required date that the report has not been submitted to the 
Congress.

    Sec. 609.  Except as otherwise specifically provided by law, not to 
exceed 50 percent of unobligated balances remaining available at the end 
of fiscal year 2021 from appropriations made available for salaries and 
expenses for fiscal year 2021 in this Act, shall remain available 
through September 30, 2022, for each such account for the purposes 
authorized: <<NOTE: Approval request.>>   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) <<NOTE: Background investigations.>>  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) <<NOTE: Determination. Tax exemption.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1426]]

Act) funds made available to the Office of Personnel Management pursuant 
to court approval.
    Sec. 613.  No <<NOTE: Abortion.>>  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) <<NOTE: Contracts. Consultation.>>  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) <<NOTE: President.>>  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) <<NOTE: Definition.>>  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--

[[Page 134 STAT. 1427]]

                    (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 <<NOTE: Reports. Compliance.>>  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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1428]]

    Sec. 624.  No <<NOTE: Records.>>  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. <<NOTE: Reports. Compliance.>>  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) <<NOTE: Pornography.>>  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 <<NOTE: Contracts. Determination.>>  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) <<NOTE: Conference 
attendees. Determinations. Notifications.>>  None of the funds made 
available under this Act may be used to pay for travel and conference 
activities that result in a total cost to an Executive branch 
department, agency, board or commission funded by this Act of more than 
$500,000 at any single conference unless the agency or entity determines 
that such attendance is in the national interest and advance notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate that includes the basis of that 
determination.

    (b) None of the funds made available under this Act may be used to 
pay for the travel to or attendance of more than 50 employees, who are 
stationed in the United States, at any single conference occurring 
outside the United States unless the agency or entity determines that 
such attendance is in the national interest and advance notice is 
transmitted to the Committees on Appropriations of the House of 
Representatives and the Senate that includes the basis of that 
determination.
    Sec. 628.  None of the funds made available by this Act may be used 
for first-class or business-class travel by the employees

[[Page 134 STAT. 1429]]

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 <<NOTE: Notification.>>  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 <<NOTE: Requirement.>>  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 <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1430]]

                                TITLE VII

                   GENERAL PROVISIONS--GOVERNMENT-WIDE

                 Departments, Agencies, and Corporations

                      (including transfer of funds)

    Sec. 701.  No <<NOTE: Drug-free workplace.>>  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 <<NOTE: 31 USC 1343 note.>>  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 <<NOTE: 5 USC 3101 note.>>  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

[[Page 134 STAT. 1431]]

who owes allegiance to the United States: <<NOTE: Affidavits.>>   
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 <<NOTE: Affidavits.>>  for 
purposes of subsections (2) and (3) such affidavits shall be submitted 
prior to employment and updated thereafter as 
necessary: <<NOTE: Penalties.>>   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 <<NOTE: Time period.>>  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 <<NOTE: Time period.>>  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

[[Page 134 STAT. 1432]]

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 <<NOTE: Notification.>>  the period in which the 
head of any department or agency, or any other officer or civilian 
employee of the Federal Government appointed by the President of the 
United States, holds office, no funds may be obligated or expended in 
excess of $5,000 to furnish or redecorate the office of such department 
head, agency head, officer, or employee, or to purchase furniture or 
make improvements for any such office, unless advance notice of such 
furnishing or redecoration is transmitted to the Committees on 
Appropriations of the House of Representatives and the 
Senate. <<NOTE: Definition.>>  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) <<NOTE: Certification.>>  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--

[[Page 134 STAT. 1433]]

            (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 <<NOTE: Propaganda. Lobbying.>>  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

[[Page 134 STAT. 1434]]

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 <<NOTE: Propaganda.>>  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) <<NOTE: Definitions.>>  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 <<NOTE: Reimbursement.>>  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 <<NOTE: Consultation.>>  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:

[[Page 134 STAT. 1435]]

Provided further, That <<NOTE: Time period. Notification.>>  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 <<NOTE: Breastfeeding.>>  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: <<NOTE: Reports.>>   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 <<NOTE: Compliance.>>  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 <<NOTE: Applicability.>>  this 
section shall apply to direct payments, formula funds, and grants 
received by a State receiving Federal funds.

    Sec. 725. (a) Prohibition of Federal Agency Monitoring of 
Individuals' Internet Use.--None of the funds made available in this or 
any other Act may be used by any Federal agency--
            (1) to collect, review, or create any aggregation of data, 
        derived from any means, that includes any personally 
        identifiable information relating to an individual's access to 
        or use of any Federal Government Internet site of the agency; or
            (2) to enter into any agreement with a third party 
        (including another government agency) to collect, review, or 
        obtain any aggregation of data, derived from any means, that 
        includes any personally identifiable information relating to an 
        individual's access to or use of any nongovernmental Internet 
        site.

    (b) Exceptions.--The limitations established in subsection (a) shall 
not apply to--
            (1) any record of aggregate data that does not identify 
        particular persons;
            (2) any voluntary submission of personally identifiable 
        information;
            (3) any action taken for law enforcement, regulatory, or 
        supervisory purposes, in accordance with applicable law; or
            (4) any action described in subsection (a)(1) that is a 
        system security action taken by the operator of an Internet site 
        and is necessarily incident to providing the Internet site 
        services or to protecting the rights or property of the provider 
        of the Internet site.

    (c) Definitions.--For the purposes of this section:
            (1) The term ``regulatory'' means agency actions to 
        implement, interpret or enforce authorities provided in law.

[[Page 134 STAT. 1436]]

            (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) <<NOTE: Contracts. Drugs and drug 
abuse. Contraceptives.>>  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) <<NOTE: Religion.>>  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) <<NOTE: Abortion.>>  Nothing in this section shall be construed 
to require coverage of abortion or abortion-related services.

    Sec. 727.  The <<NOTE: Anti-doping.>>  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 <<NOTE: Contracts. Advance approval.>>  
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 <<NOTE: News stories.>>  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

[[Page 134 STAT. 1437]]

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) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Definitions.>>  In this section, each of the terms 
``contribution'', ``expenditure'', ``independent expenditure'', 
``electioneering communication'', ``candidate'', ``election'', and 
``Federal office'' has the meaning given

[[Page 134 STAT. 1438]]

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) <<NOTE: 5 USC 5343 note.>>  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) <<NOTE: Determination. Regulations.>>  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) <<NOTE: Applicability.>>  This subsection shall apply with 
respect to pay for service performed after September 30, 2020.

[[Page 134 STAT. 1439]]

    (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) <<NOTE: Determination.>>  The Office of Personnel Management may 
provide for exceptions to the limitations imposed by this subsection if 
the Office determines that such exceptions are necessary to ensure the 
recruitment or retention of qualified employees.

    (b) Notwithstanding subsection (a), the adjustment in rates of basic 
pay for the statutory pay systems that take place in fiscal year 2021 
under sections 5344 and 5348 of title 5, United States Code, shall be--
            (1) not less than the percentage received by employees in 
        the same location whose rates of basic pay are adjusted pursuant 
        to the statutory pay systems under sections 5303 and 5304 of 
        title 5, United States Code:  Provided, That prevailing rate 
        employees at locations where there are no employees whose pay is 
        increased pursuant to sections 5303 and 5304 of title 5, United 
        States Code, and prevailing rate employees described in section 
        5343(a)(5) of title 5, United States Code, shall be considered 
        to be located in the pay locality designated as ``Rest of United 
        States'' pursuant to section 5304 of title 5, United States 
        Code, for purposes of this subsection; and
            (2) <<NOTE: Effective date.>>  effective as of the first day 
        of the first applicable pay period beginning after September 30, 
        2020.

    Sec. 738. (a) <<NOTE: Reports. Contracts.>>  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) <<NOTE: Statement.>>  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

[[Page 134 STAT. 1440]]

                    (B) a discussion of any cost comparison conducted by 
                the departmental component or office in evaluating 
                potential contractors for the conference.

    (c) <<NOTE: Deadline. Time period. Notification.>>  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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Contracts. Grants. Confidentiality 
agreements.>>  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.

[[Page 134 STAT. 1441]]

    Sec. 743. (a) <<NOTE: Nondisclosure agreements.>>  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 <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Tax 
liability. Determination.>>  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 <<NOTE: Contracts. Memorandums. Grants. Loans. Corporations. Crimina
l violations. Time period. Determination.>>  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

[[Page 134 STAT. 1442]]

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) <<NOTE: Notification.>>  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) <<NOTE: Notification. Public information. Web posting.>>  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) <<NOTE: 5 USC 5303 note.>>  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) <<NOTE: Applicability.>>  This subsection applies to--
                    (A) a noncareer appointee in the Senior Executive 
                Service paid a rate of basic pay at or above the 
                official rate for level IV of the Executive Schedule; or
                    (B) a limited term appointee or limited emergency 
                appointee in the Senior Executive Service serving under 
                a political appointment and paid a rate of basic pay at 
                or above the official rate for level IV of the Executive 
                Schedule.
            (2) Notwithstanding sections 5382 and 5383 of title 5, 
        United States Code, an employee described in paragraph (1) may 
        not receive a pay rate increase during calendar year 2021, 
        except as provided in subsection (i).

[[Page 134 STAT. 1443]]

    (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. <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Effective date.>>  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.

[[Page 134 STAT. 1444]]

                               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 <<NOTE: Propaganda. Lobbying.>>  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) <<NOTE: Advance approval.>>  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) <<NOTE: Time period.>>  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. <<NOTE: Definition.>>  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--

[[Page 134 STAT. 1445]]

            (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) <<NOTE: Voting rights.>>  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 <<NOTE: Needle distribution.>>  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 <<NOTE: Contraceptives. Conscience exception.>>  
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) <<NOTE: Penalties. Drugs and drug abuse.>>  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.

[[Page 134 STAT. 1446]]

    Sec. 810.  No <<NOTE: Abortion.>>  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) <<NOTE: Deadline. Operating budget.>>  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) <<NOTE: Applicability. Certification.>>  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 <<NOTE: Deadline. Operating budget.>>  later than 30 
calendar days after the date of the enactment of this Act, the Chief 
Financial Officer for the District of Columbia shall submit to the 
appropriate committees of Congress, the Mayor, and the Council for the 
District of Columbia, a revised appropriated funds operating budget for 
the District of Columbia Public Schools that aligns schools budgets to 
actual enrollment. The revised appropriated funds budget shall be in the 
format of the budget that the District of Columbia government submitted 
pursuant to section 442 of the District of Columbia Home Rule Act (D.C. 
Official Code, sec. 1-204.42).

    Sec. 813. (a) Amounts appropriated in this Act as operating funds 
may be transferred to the District of Columbia's enterprise and capital 
funds and such amounts, once transferred, shall retain appropriation 
authority consistent with the provisions of this Act.
    (b) The District of Columbia government is authorized to reprogram 
or transfer for operating expenses any local funds transferred or 
reprogrammed in this or the four prior fiscal years from operating funds 
to capital funds, and such amounts, once transferred or reprogrammed, 
shall retain appropriation authority consistent with the provisions of 
this Act.
    (c) The District of Columbia government may not transfer or 
reprogram for operating expenses any funds derived from bonds, notes, or 
other obligations issued for capital projects.
    Sec. 814.  None of the Federal funds appropriated in this Act shall 
remain available for obligation beyond the current fiscal year, nor may 
any be transferred to other appropriations, unless expressly so provided 
herein.
    Sec. 815.  Except as otherwise specifically provided by law or under 
this Act, not to exceed 50 percent of unobligated balances remaining 
available at the end of fiscal year 2021 from appropriations of Federal 
funds made available for salaries and expenses for fiscal year 2021 in 
this Act, shall remain available through September 30, 2022, for each 
such account for the purposes authorized:  Provided, 
That <<NOTE: Advance approval.>>  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,

[[Page 134 STAT. 1447]]

That these requests <<NOTE: Compliance.>>  shall be made in compliance 
with reprogramming guidelines outlined in section 803 of this Act.

    Sec. 816. (a)(1) <<NOTE: Time period.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definition. Virginia.>>  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.

[[Page 134 STAT. 1448]]

    Sec. 818.  Not <<NOTE: Time period. Reports.>>  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): <<NOTE: Reimbursement.>>   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): <<NOTE: Armed Forces. Records.>>   
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 <<NOTE: Department of Homeland Security 
 Appropriations Act, 2021.>>  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.

[[Page 134 STAT. 1449]]

                           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: <<NOTE: Informed consent.>>   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.

[[Page 134 STAT. 1450]]

           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) <<NOTE: Reports. Grants. Contracts. Time period.>>  
The Secretary of Homeland Security shall submit a report not later than 
October 15, 2021, to the Inspector General of the Department of Homeland 
Security listing all grants and contracts awarded by any means other 
than full and open competition during fiscal years 2020 or 2021.

    (b) <<NOTE: Review. Assessment. Compliance.>>  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 <<NOTE: Budget. Reports.>>  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 <<NOTE: Contracts. Award fees.>>  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) <<NOTE: Consultation. Notifications.>>  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.

[[Page 134 STAT. 1451]]

    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 <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 1452]]

               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: <<NOTE: Reimbursement.>>   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

[[Page 134 STAT. 1453]]

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)).

[[Page 134 STAT. 1454]]

                        research and development

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

                               retired pay

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

                      United States Secret Service

                         operations and support

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

[[Page 134 STAT. 1455]]

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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability. Time period.>>  this section shall apply 
only to individuals transporting on their person a personal-use quantity 
of the prescription

[[Page 134 STAT. 1456]]

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 <<NOTE: Consultation.>>  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: <<NOTE: Notification. Deadline. Waivers.>>   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) <<NOTE: Effective date.>>  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) <<NOTE: Definition.>>  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 <<NOTE: Deadline. Expenditure plan.>>  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

[[Page 134 STAT. 1457]]

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 <<NOTE: Aliens.>>  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 <<NOTE: Determination.>>  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) <<NOTE: Contracts. 6 USC 211 note.>>  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) <<NOTE: Effective date.>>  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 <<NOTE: Time periods. Applicability. 8 USC 1378a 
note.>>  reports required to be submitted under section 218 of the 
Department of Homeland Security Appropriations Act, 2020 (division D of 
Public Law 116-93) shall continue to be submitted with respect to the 
period beginning 15 days after the date of the enactment of this Act and 
semimonthly thereafter, and each matter required to be included in such 
report by such section 218 shall apply in the same manner and to the 
same extent during the period described in this section, except that for 
purposes of reports submitted with respect to such period described, the 
following additional requirements shall be treated

[[Page 134 STAT. 1458]]

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 <<NOTE: Applicability.>>  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 <<NOTE: Explosives detection systems.>>  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 <<NOTE: Contracts. Explosives detection 
systems.>>  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 <<NOTE: Reports. Plans.>>  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:

[[Page 134 STAT. 1459]]

            (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 <<NOTE: Vessels.>>  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 <<NOTE: Investment plan.>>  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.

[[Page 134 STAT. 1460]]

    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 <<NOTE: Contracts.>>  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 <<NOTE: Notification. Time period.>>  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.

[[Page 134 STAT. 1461]]

               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) <<NOTE: Determination. Terrorism.>>  $610,000,000 for 
        the State Homeland Security Grant Program under section 2004 of 
        the Homeland Security Act of 2002 (6 U.S.C. 605), of which 
        $90,000,000 shall be for Operation Stonegarden, $15,000,000 
        shall be for Tribal Homeland Security Grants under section 2005 
        of the Homeland Security Act of 2002 (6 U.S.C. 606), and 
        $90,000,000 shall be for organizations (as described under 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such code) determined by 
        the Secretary of Homeland Security to be at high risk of a 
        terrorist attack:  Provided, That <<NOTE: Puerto Rico.>>  
        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) <<NOTE: Determination. Terrorism.>>  $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.

[[Page 134 STAT. 1462]]

            (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

[[Page 134 STAT. 1463]]

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

[[Page 134 STAT. 1464]]

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 <<NOTE: Grants.>>  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 <<NOTE: Grants. Deadlines.>>  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 <<NOTE: Grants. Briefing. Time period. Public 
information.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Grants. Waiver authority.>>  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,

[[Page 134 STAT. 1465]]

That the <<NOTE: Fees.>>  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 <<NOTE: Effective date.>>  such fees shall be 
deposited in a Radiological Emergency Preparedness Program account as 
offsetting collections and will become available for authorized purposes 
on October 1, 2021, and remain available until expended.

    Sec. 309. (a) Any balances of funds appropriated in any prior Act 
for activities funded by National Predisaster Mitigation Fund under 
section 203 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133) (as in effect on the day before the date 
of enactment of section 1234 of division D of Public Law 115-254) may be 
transferred to and merged for all purposes with the funds set aside 
pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in 
effect on the date of the enactment of this section.
    (b) <<NOTE: Plan. Criteria.>>  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 <<NOTE: Grants. Waiver authority.>>  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) <<NOTE: President. Loans. Termination date.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1466]]

                                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.

[[Page 134 STAT. 1467]]

                        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 <<NOTE: Applicability. 8 USC 1377a note.>>  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

[[Page 134 STAT. 1468]]

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) <<NOTE: Notifications. Time periods.>>  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) <<NOTE: Contracts.>>  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;

[[Page 134 STAT. 1469]]

            (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) <<NOTE: Deadline.>>  Notwithstanding subsections (a), (b), and 
(c), no funds shall be reprogrammed within or transferred between 
appropriations based upon an initial notification provided after June 
30, except in extraordinary circumstances that imminently threaten the 
safety of human life or the protection of property.

    (e) <<NOTE: Applicability.>>  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 <<NOTE: Applicability. 31 USC 501 note.>>  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 <<NOTE: Time period. Deadline.>>  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: <<NOTE: Notification.>>   
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.

[[Page 134 STAT. 1470]]

    Sec. 507. (a) <<NOTE: Notifications. Time 
period. Grants. Contracts. Public information.>>  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) <<NOTE: Determination. Deadline.>>  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 <<NOTE: Notification. Contracts.>>  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 <<NOTE: Applicability.>>  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: <<NOTE: Definition.>>   Provided, That for purposes of the 
preceding sentence, the term ``Buy American Act'' means chapter 83 of 
title 41, United States Code.

[[Page 134 STAT. 1471]]

    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 <<NOTE: National identification card.>>  of the 
funds made available in this Act may be used for planning, testing, 
piloting, or developing a national identification card.

    Sec. 515.  Any <<NOTE: Delegation authority.>>  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 <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>  
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 <<NOTE: Contracts.>>  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 <<NOTE: Contracts.>>  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) <<NOTE: Pornography.>>  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 <<NOTE: Firearms.>>  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

[[Page 134 STAT. 1472]]

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 <<NOTE: Determination. Notification. Deadline.>>  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 <<NOTE: Definition.>>  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 <<NOTE: Pay reform. Time period. Effective 
date. Notification.>>  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) <<NOTE: Analysis.>>  an analysis of compensation 
        alternatives to such change that were considered by the 
        Department.

    Sec. 526. (a) <<NOTE: Web posting. Public 
information. Reports. Determination.>>  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) <<NOTE: Time period.>>  The head of the agency posting such 
report shall do so only after such report has been made available to the 
Committees on Appropriations of the Senate and the House of 
Representatives for not less than 45 days except as otherwise specified 
in law.

    Sec. 527. (a) Funding provided in this Act for ``Operations and 
Support'' may be used for minor procurement, construction, and 
improvements.
    (b) For purposes of subsection (a), ``minor'' refers to end items 
with a unit cost of $250,000 or less for personal property, and 
$2,000,000 or less for real property.

[[Page 134 STAT. 1473]]

    Sec. 528.  None <<NOTE: Approval.>>  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 <<NOTE: Extension.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability. 6 USC 391 note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Aliens.>>  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) <<NOTE: Time period.>>  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).

[[Page 134 STAT. 1474]]

    Sec. 533. (a) <<NOTE: Pregnant women. Determinations.>>  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) <<NOTE: Records. Abuse.>>  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) <<NOTE: Sexual assault.>>  potential sexual assault or 
        abuse perpetrated against, or
            (3) <<NOTE: Law enforcement and crime.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Deadline. Budget submission. Proposals.>>  
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

[[Page 134 STAT. 1475]]

in such proposals in the event that they are not enacted prior to 
October 1, 2021.

    Sec. 537. (a) <<NOTE: Reports.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Definition.>>  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 <<NOTE: Deadline. Records.>>  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.

[[Page 134 STAT. 1476]]

                         (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 
        <dbl-dagger> 0533).
            (3) $6,000,000 from the unobligated balances available in 
        the ``U.S. Customs and Border Protection--Construction and 
        Facility Improvements'' account (70 <dbl-dagger> 0532).
            (4) $3,098,000 from the unobligated balances available in 
        the ``U.S. Immigration and Customs Enforcement--Construction'' 
        account (70 <dbl-dagger> 0545).
            (5) $658,000 from the unobligated balances available in the 
        ``U.S. Immigration and Customs Enforcement--Automation 
        Modernization'' account (70 <dbl-dagger> 0543).
            (6) $1,718,108 from the unobligated balances available in 
        the ``Coast Guard--Alteration of Bridges'' account (070 
        <dbl-dagger> 0614).
            (7) $8,200,000 from Public Law 116-6 under the heading 
        ``U.S. Citizenship and Immigration Services--Procurement, 
        Construction, and Improvements''.

    Sec. 540.  The following unobligated balances made available to the 
Department of Homeland Security pursuant to section 505 of the 
Department of Homeland Security Appropriations Act, 2020 (Public Law 
116-93) are rescinded:
            (1) $929,550 from ``Office of the Secretary and Executive 
        Management--Operations and Support''.
            (2) $1,426,980 from ``Management Directorate--Operations and 
        Support''.
            (3) $298,190 from ``Intelligence, Analysis, and Operations 
        Coordination--Operations and Support''.
            (4) $430,910 from ``U.S. Customs and Border Protection--
        Operations and Support''.
            (5) $1,810,393 from ``United States Secret Service--
        Operations and Support''.
            (6) $1,574,940 from ``Cybersecurity and Infrastructure 
        Security Agency--Operations and Support''.
            (7) $690,090 from ``Federal Emergency Management Agency--
        Operations and Support''.
            (8) $8,984,690 from ``U.S. Citizenship and Immigration 
        Services--Operations and Support''.
            (9) $242,490 from ``Federal Law Enforcement Training 
        Centers--Operations and Support''.
            (10) $136,570 from ``Science and Technology Directorate--
        Operations and Support''.
            (11) $1,103,590 from ``Countering Weapons of Mass 
        Destruction Office--Operations and Support''.

[[Page 134 STAT. 1477]]

    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 <<NOTE: Deadlines. Determination. President. Evaluation. Notification
s.>>  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 <<NOTE: Consultation.>>  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 <<NOTE: Threat assessment.>>  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: <<NOTE: Reports. Time period.>>   
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''.

[[Page 134 STAT. 1478]]

DIVISION G--DEPARTMENT <<NOTE: Department of the Interior, Environment, 
   and Related Agencies Appropriations Act, 2021.>>  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 <<NOTE: Drilling permits.>>  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

[[Page 134 STAT. 1479]]

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: <<NOTE: 43 USC 1735 note.>>   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

[[Page 134 STAT. 1480]]

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: <<NOTE: 43 USC 1735 
note.>>   Provided further, That any such moneys that are in excess of 
amounts needed to repair damage to the exact land for which funds were 
collected may be used to repair other damaged public lands.

    Of the unobligated balances from amounts collected in fiscal year 
2015 or any prior fiscal year, $20,000,000 is permanently rescinded:  
Provided, That no amounts may be rescinded from amounts that were 
designated by the Congress as an emergency requirement pursuant to the 
Concurrent Resolution on the Budget or the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                        miscellaneous trust funds

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

                        administrative provisions

    The Bureau of Land Management may carry out the operations funded 
under this Act by direct expenditure, contracts, grants, cooperative 
agreements, and reimbursable agreements with public and private 
entities, including with States. Appropriations for the Bureau shall be 
available for purchase, erection, and dismantlement of temporary 
structures, and alteration and maintenance of necessary buildings and 
appurtenant facilities to which the United States has title; up to 
$100,000 for payments, at the discretion of the Secretary, for 
information or evidence concerning violations of laws administered by 
the Bureau; miscellaneous and emergency expenses of enforcement 
activities authorized or approved by the Secretary and to be accounted 
for solely on the Secretary's certificate, not to exceed 
$10,000: <<NOTE: Contracts. Determination.>>   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 <<NOTE: Reimbursements.>>  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

[[Page 134 STAT. 1481]]

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

[[Page 134 STAT. 1482]]

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 <<NOTE: Apportionment. District 
of Columbia. Territories.>>  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 <<NOTE: Apportionment.>>  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 <<NOTE: Adjustment.>>  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 <<NOTE: Reapportion- 
ment.>>  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

[[Page 134 STAT. 1483]]

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 <<NOTE: Contracts. Determination.>>  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: <<NOTE: Donations.>>   Provided 
further, That the Service may accept donated aircraft as replacements 
for existing aircraft:  Provided further, That <<NOTE: Fees.>>  
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 <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1484]]

under this heading shall be made available for the purposes specified by 
that Act: <<NOTE: 36 USC 101 note prec.>>   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): <<NOTE: Grants.>>   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: <<NOTE: Approval. Consultation.>>   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 <<NOTE: Determination.>>  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.

[[Page 134 STAT. 1485]]

                              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 <<NOTE: Consultation.>>  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

[[Page 134 STAT. 1486]]

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 <<NOTE: 43 USC 50.>>  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

[[Page 134 STAT. 1487]]

negotiation and administration of interstate compacts:  Provided, That 
activities funded by appropriations herein made may be accomplished 
through the use of contracts, grants, or cooperative agreements as 
defined in section 6302 of title 31, United States Code:  Provided 
further, That the United States Geological Survey may enter into 
contracts or cooperative agreements directly with individuals or 
indirectly with institutions or nonprofit organizations, without regard 
to 41 U.S.C. 6101, for the temporary or intermittent services of 
students or recent graduates, who shall be considered employees for the 
purpose of chapters 57 and 81 of title 5, United States Code, relating 
to compensation for travel and work injuries, and chapter 171 of title 
28, United States Code, relating to tort claims, but shall not be 
considered to be Federal employees for any other purposes.

                    Bureau of Ocean Energy Management

                         ocean energy management

                     (including rescission of funds)

    For expenses necessary for granting and administering leases, 
easements, rights-of-way, and agreements for use for oil and gas, other 
minerals, energy, and marine-related purposes on the Outer Continental 
Shelf and approving operations related thereto, as authorized by law; 
for environmental studies, as authorized by law; for implementing other 
laws and to the extent provided by Presidential or Secretarial 
delegation; and for matching grants or cooperative agreements, 
$192,815,000, of which $129,760,000 is to remain available until 
September 30, 2022, and of which $63,055,000 is to remain available 
until expended:  Provided, That this total appropriation shall be 
reduced by amounts collected by the Secretary of the Interior and 
credited to this appropriation from additions to receipts resulting from 
increases to lease rental rates in effect on August 5, 1993, and from 
cost recovery fees from activities conducted by the Bureau of Ocean 
Energy Management pursuant to the Outer Continental Shelf Lands Act, 
including studies, assessments, analysis, and miscellaneous 
administrative activities:  Provided further, That the sum herein 
appropriated shall be reduced as such collections are received during 
the fiscal year, so as to result in a final fiscal year 2021 
appropriation estimated at not more than $129,760,000:  Provided 
further, That not to exceed $3,000 shall be available for reasonable 
expenses related to promoting volunteer beach and marine cleanup 
activities:  Provided further, That of the unobligated balances from 
amounts made available under this heading, $2,000,000 is permanently 
rescinded:  Provided further, That no amounts may be rescinded from 
amounts that were designated by the Congress as an emergency requirement 
pursuant to the Concurrent Resolution on the Budget or the Balanced 
Budget and Emergency Deficit Control Act of 1985.

[[Page 134 STAT. 1488]]

             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.

[[Page 134 STAT. 1489]]

          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: <<NOTE: 30 USC 1211 note.>>   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 <<NOTE: 30 USC 1257 note.>>  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 <<NOTE: Debt 
collection. Contracts.>>  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

[[Page 134 STAT. 1490]]

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: <<NOTE: Deadline.>>  
 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-

[[Page 134 STAT. 1491]]

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: <<NOTE: Expiration date.>>   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 <<NOTE: Reports.>>  $1,000,000 made available for Assistant 
Secretary Support shall not be available for obligation until the 
Assistant Secretary-Indian Affairs provides the reports requested by the 
Committees on Appropriations of the House of Representatives and the 
Senate related to the Tiwahe Initiative.

                         contract support costs

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

                       payments for tribal leases

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

                              construction

                      (including transfer of funds)

    For construction, repair, improvement, and maintenance of irrigation 
and power systems, buildings, utilities, and other facilities, including 
architectural and engineering services by contract; acquisition of 
lands, and interests in lands; and preparation of lands for farming, and 
for construction of the Navajo Indian Irrigation Project pursuant to 
Public Law 87-483; $128,818,000, to remain available until expended:  
Provided, That such amounts as may be available for the construction of 
the Navajo Indian Irrigation Project may be transferred to the Bureau of 
Reclamation:  Provided further, That any funds provided for the Safety 
of Dams program pursuant to the Act of November 2, 1921 (25 U.S.C. 13), 
shall be made available on a nonreimbursable basis:  Provided further,

[[Page 134 STAT. 1492]]

That this <<NOTE: Reimbursement.>>  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.

[[Page 134 STAT. 1493]]

                         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 <<NOTE: Deadline.>>  
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 <<NOTE: Contracts. Grants.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Alaska.>>  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 <<NOTE: Waiver authority. Determination.>>  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

[[Page 134 STAT. 1494]]

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. <<NOTE: Charter schools. Reimbursement.>>  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 <<NOTE: Waiver authority. Compliance.>>  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: <<NOTE: Definition.>>   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 134 STAT. 1495]]

           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: <<NOTE: Time period.>>   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 <<NOTE: Statement. Records.>>  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 <<NOTE: Time 
period.>>  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 <<NOTE: Records. Determination.>>  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.

[[Page 134 STAT. 1496]]

                          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: <<NOTE: 31 USC 6903 note.>>   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.

[[Page 134 STAT. 1497]]

                             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: <<NOTE: 48 USC 
1469b note.>>   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: <<NOTE: Determination.>>   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.

[[Page 134 STAT. 1498]]

                        Administrative Provisions

                      (including transfer of funds)

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

                         Office of the Solicitor

                          salaries and expenses

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

                       Office of Inspector General

                          salaries and expenses

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

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

    For necessary expenses for fire preparedness, fire suppression 
operations, fire science and research, emergency rehabilitation, fuels 
management activities, and rural fire assistance by the Department of 
the Interior, $992,623,000, to remain available until expended, of which 
not to exceed $18,427,000 shall be for the renovation or construction of 
fire facilities:  Provided, That such funds are also available for 
repayment of advances to other appropriation accounts from which funds 
were previously transferred for such purposes:  Provided further, That 
of the funds provided $219,964,000 is for fuels management activities:  
Provided further, That of the funds provided $20,470,000 is for burned 
area rehabilitation:  Provided further, That persons hired pursuant to 
43 U.S.C. 1469 may

[[Page 134 STAT. 1499]]

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: <<NOTE: Contracts. Grants.>>   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: <<NOTE: Guidance.>>   
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: <<NOTE: Reimbursement.>>   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 <<NOTE: Contracts. Real property.>>  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,

[[Page 134 STAT. 1500]]

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: <<NOTE: Notification. Deadline.>>   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 <<NOTE: Determination. Deadline.>>  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

[[Page 134 STAT. 1501]]

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 <<NOTE: Advance 
approval.>>  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 <<NOTE: Contracts.>>  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: <<NOTE: Grants. Contracts.>>   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.

[[Page 134 STAT. 1502]]

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

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

              emergency transfer authority--department-wide

    Sec. 102.  The Secretary of the Interior may authorize the 
expenditure or transfer of any no year appropriation in this title, in 
addition to the amounts included in the budget programs of the several 
agencies, for the suppression or emergency prevention of wildland fires 
on or threatening lands under the jurisdiction of the Department of the 
Interior; for the emergency rehabilitation of burned-over lands under 
its jurisdiction; for emergency actions related to potential or actual 
earthquakes, floods, volcanoes, storms, or other unavoidable causes; for 
contingency planning subsequent to actual oil spills; for response and 
natural resource damage assessment activities related to actual oil 
spills or releases of hazardous substances into the environment; for the 
prevention, suppression, and control of actual or potential grasshopper 
and Mormon cricket outbreaks on lands under the jurisdiction of the 
Secretary, pursuant to the authority in section 417(b) of Public Law 
106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under 
section 410 of Public Law 95-87; and shall transfer, from any no year 
funds available to the Office of Surface Mining Reclamation and 
Enforcement, such funds as may be necessary to permit assumption of 
regulatory authority in the event a primacy State is not carrying out 
the regulatory provisions of the Surface Mining Act:  Provided, That 
appropriations <<NOTE: Reimbursement.>>  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: <<NOTE: Determination. Deadline.>>   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: <<NOTE: Reimbursement.>>   Provided further, That 
such replenishment funds shall be used to reimburse, on a pro rata 
basis, accounts from which emergency funds were transferred.

[[Page 134 STAT. 1503]]

                         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. <<NOTE: Notification. Deadline.>>  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 <<NOTE: New York. New 
Jersey. Contracts.>>  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

[[Page 134 STAT. 1504]]

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) <<NOTE: Time period. Deadlines.>>  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 <<NOTE: 16 USC 1336 note.>>  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 <<NOTE: Time period.>>  cooperative agreements and 
contracts may not exceed 10 years, subject to renewal at the discretion 
of the Secretary.

[[Page 134 STAT. 1505]]

                        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) <<NOTE: Grants. Contracts.>>  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 <<NOTE: Deadline.>>  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 <<NOTE: 54 USC 320101 note.>>  by Public Law 110-229 section 
461, is further amended by striking `` $15,000,000'' and inserting `` 
$17,000,000''.

    (b) <<NOTE: 54 USC 320101 note.>>  Section 109(a) of title I of 
Public Law 106-278 is amended by striking `` $10,000,000'' and inserting 
`` $12,000,000''.

[[Page 134 STAT. 1506]]

                         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 <<NOTE: Applicability. 31 USC 6906 note.>>  6906 
of title 31, United States Code, shall be applied by substituting 
``fiscal year 2021'' for ``fiscal year 2019''.

                               sage-grouse

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

         disclosure of departure or alternate procedure approval

    Sec. 117. (a) <<NOTE: Deadlines. Public information. Web posting.>>  
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 <<NOTE: 54 USC 102712 note.>>  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.

[[Page 134 STAT. 1507]]

                           long bridge project

    Sec. 120. (a) <<NOTE: Virginia. District of Columbia.>>  
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).

[[Page 134 STAT. 1508]]

                  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

[[Page 134 STAT. 1509]]

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.

[[Page 134 STAT. 1510]]

                        Inland Oil Spill Programs

    For expenses necessary to carry out the Environmental Protection 
Agency's responsibilities under the Oil Pollution Act of 1990, including 
hire, maintenance, and operation of aircraft, $20,098,000, to be derived 
from the Oil Spill Liability trust fund, to remain available until 
expended.

                   State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including 
capitalization grants for State revolving funds and performance 
partnership grants, $4,313,901,000, to remain available until expended, 
of which--
            (1) $1,638,826,000 shall be for making capitalization grants 
        for the Clean Water State Revolving Funds under title VI of the 
        Federal Water Pollution Control Act; and of which $1,126,088,000 
        shall be for making capitalization grants for the Drinking Water 
        State Revolving Funds under section 1452 of the Safe Drinking 
        Water Act:  Provided, That for fiscal year 2021, to the extent 
        there are sufficient eligible project applications and projects 
        are consistent with State Intended Use Plans, not less than 10 
        percent of the funds made available under this title to each 
        State for Clean Water State Revolving Fund capitalization grants 
        shall be used by the State for projects to address green 
        infrastructure, water or energy efficiency improvements, or 
        other environmentally innovative activities:  Provided further, 
        That for fiscal year 2021, funds made available under this title 
        to each State for Drinking Water State Revolving Fund 
        capitalization grants may, at the discretion of each State, be 
        used for projects to address green infrastructure, water or 
        energy efficiency improvements, or other environmentally 
        innovative activities:  Provided further, That notwithstanding 
        section 603(d)(7) of the Federal Water Pollution Control Act, 
        the limitation on the amounts in a State water pollution control 
        revolving fund that may be used by a State to administer the 
        fund shall not apply to amounts included as principal in loans 
        made by such fund in fiscal year 2021 and prior years where such 
        amounts represent costs of administering the fund to the extent 
        that such amounts are or were deemed reasonable by the 
        Administrator, accounted for separately from other assets in the 
        fund, and used for eligible purposes of the fund, including 
        administration:  Provided further, 
        That <<NOTE: Territories. District of Columbia.>>  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

[[Page 134 STAT. 1511]]

        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 <<NOTE: Oklahoma. Determination.>>  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: <<NOTE: Territories.>>   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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1512]]

        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) <<NOTE: Consultation.>>  $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: <<NOTE: Definition.>>   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;

[[Page 134 STAT. 1513]]

            (5) $90,000,000 shall be for grants under title VII, 
        subtitle G of the Energy Policy Act of 2005;
            (6) $59,000,000 shall be for targeted airshed grants in 
        accordance with the terms and conditions in the explanatory 
        statement described in section 4 (in the matter preceding 
        division A of this consolidated Act);
            (7) $4,000,000 shall be to carry out the water quality 
        program authorized in section 5004(d) of the Water 
        Infrastructure Improvements for the Nation Act (Public Law 114-
        322);
            (8) $26,408,000 shall be for grants under subsections (a) 
        through (j) of section 1459A of the Safe Drinking Water Act (42 
        U.S.C. 300j-19a);
            (9) $26,500,000 shall be for grants under section 1464(d) of 
        the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
            (10) $21,511,000 shall be for grants under section 1459B of 
        the Safe Drinking Water Act (42 U.S.C. 300j-19b);
            (11) $4,000,000 shall be for grants under section 1459A(l) 
        of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
            (12) $18,000,000 shall be for grants under section 104(b)(8) 
        of the Federal Water Pollution Control Act (33 U.S.C. 
        1254(b)(8));
            (13) $40,000,000 shall be for grants under section 221 of 
        the Federal Water Pollution Control Act (33 U.S.C. 1301);
            (14) $3,000,000 shall be for grants under section 4304(b) of 
        the America's Water Infrastructure Act of 2018 (Public Law 115-
        270); and
            (15) $1,099,400,000 shall be for grants, including 
        associated program support costs, to States, federally 
        recognized tribes, interstate agencies, tribal consortia, and 
        air pollution control agencies for multi-media or single media 
        pollution prevention, control and abatement, and related 
        activities, including activities pursuant to the provisions set 
        forth under this heading in Public Law 104-134, and for making 
        grants under section 103 of the Clean Air Act for particulate 
        matter monitoring and data collection activities subject to 
        terms and conditions specified by the Administrator, and under 
        section 2301 of the Water and Waste Act of 2016 to assist States 
        in developing and implementing programs for control of coal 
        combustion residuals, of which: $46,195,000 shall be for 
        carrying out section 128 of CERCLA; $9,336,000 shall be for 
        Environmental Information Exchange Network grants, including 
        associated program support costs; $1,475,000 shall be for grants 
        to States under section 2007(f)(2) of the Solid Waste Disposal 
        Act, which shall be in addition to funds appropriated under the 
        heading ``Leaking Underground Storage Tank Trust Fund Program'' 
        to carry out the provisions of the Solid Waste Disposal Act 
        specified in section 9508(c) of the Internal Revenue Code other 
        than section 9003(h) of the Solid Waste Disposal Act; 
        $17,924,000 of the funds available for grants under section 106 
        of the Federal Water Pollution Control Act shall be for State 
        participation in national- and State-level statistical surveys 
        of water resources and enhancements to State monitoring 
        programs; $10,000,000 shall be for multipurpose grants, 
        including interagency agreements, in accordance with the terms 
        and conditions described in the explanatory statement described 
        in section 4 (in the matter preceding division A of this 
        consolidated Act).

[[Page 134 STAT. 1514]]

       Water Infrastructure Finance and Innovation Program Account

    For <<NOTE: Loans.>>  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 <<NOTE: Criteria.>>  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 <<NOTE: Certification. Compliance.>>  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, <<NOTE: Records.>>  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

[[Page 134 STAT. 1515]]

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 <<NOTE: Fees.>>  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 <<NOTE: Fees.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1516]]

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.

[[Page 134 STAT. 1517]]

                      forest and rangeland research

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

                       state and private forestry

                     (including rescission of funds)

    For necessary expenses of cooperating with and providing technical 
and financial assistance to States, territories, possessions, and 
others, and for forest health management, and conducting an 
international program and trade compliance activities as authorized, 
$267,180,000, to remain available through September 30, 2024, as 
authorized by law.
    Of the unobligated balances from amounts made available for the 
Forest Legacy Program and derived from the Land and Water Conservation 
Fund, $5,809,000 is hereby permanently rescinded from projects with cost 
savings or failed or partially failed projects:  Provided, That no 
amounts may be rescinded from amounts that were designated by the 
Congress as an emergency requirement pursuant to the Concurrent 
Resolution on the Budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                         national forest system

    For necessary expenses of the Forest Service, not otherwise provided 
for, for management, protection, improvement, and utilization of the 
National Forest System, and for hazardous fuels management on or 
adjacent to such lands, $1,786,870,000, to remain available through 
September 30, 2024:  Provided, That of the funds provided, $13,787,000 
shall be deposited in the Collaborative Forest Landscape Restoration 
Fund for ecological restoration treatments as authorized by 16 U.S.C. 
7303(f):  Provided further, That of the funds provided, $37,017,000 
shall be for forest products:  Provided further, That of the funds 
provided, $180,388,000 shall be for hazardous fuels management 
activities, of which not to exceed $12,454,000 may be used to make 
grants, using any authorities available to the Forest Service under the 
``State and Private Forestry'' appropriation, for the purpose of 
creating incentives for increased use of biomass from National Forest 
System lands:  Provided further, That $20,000,000 may be used by the 
Secretary of Agriculture to enter into procurement contracts or 
cooperative agreements or to issue grants for hazardous fuels management 
activities, and for training or monitoring associated with such 
hazardous fuels management activities on Federal land, or on non-Federal 
land if the Secretary determines such activities benefit resources on 
Federal land:  Provided further, That funds made available to implement 
the Community Forestry Restoration Act, Public Law 106-393, title VI, 
shall be available for use on non-Federal lands in accordance with 
authorities made available to the Forest

[[Page 134 STAT. 1518]]

Service under the ``State and Private Forestry'' appropriations:  
Provided further, That <<NOTE: Fees. Advance approval. 43 USC 1751 
note.>>  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.

[[Page 134 STAT. 1519]]

             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: <<NOTE: Reimbursement.>>   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,

[[Page 134 STAT. 1520]]

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: <<NOTE: Notification. Deadline.>>   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: <<NOTE: Determination. Deadline.>>   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.

[[Page 134 STAT. 1521]]

                administrative provisions--forest service

                     (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year 
shall be available for: (1) purchase of passenger motor vehicles; 
acquisition of passenger motor vehicles from excess sources, and hire of 
such vehicles; purchase, lease, operation, maintenance, and acquisition 
of aircraft to maintain the operable fleet for use in Forest Service 
wildland fire programs and other Forest Service programs; 
notwithstanding other provisions of law, existing aircraft being 
replaced may be sold, with proceeds derived or trade-in value used to 
offset the purchase price for the replacement aircraft; (2) services 
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment 
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings 
and other public improvements (7 U.S.C. 2250); (4) acquisition of land, 
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for 
expenses pursuant to the Volunteers in the National Forest Act of 1972 
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as 
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts 
in accordance with 31 U.S.C. 3718(c).
    Funds made available to the Forest Service in this Act may be 
transferred between accounts affected by the Forest Service budget 
restructure outlined in section 435 of division D of the Further 
Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided, 
That any transfer of funds pursuant to this paragraph shall not increase 
or decrease the funds appropriated to any account in this fiscal year by 
more than ten percent:  Provided further, That such transfer authority 
is in addition to any other transfer authority provided by law.
    Any <<NOTE: Notification. Deadline.>>  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: <<NOTE: Notification. Advance 
approval.>>   Provided, That none of the funds transferred pursuant to 
this section shall be available for obligation without

[[Page 134 STAT. 1522]]

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 <<NOTE: Wild horses and burros.>>  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 <<NOTE: 16 USC 556i.>>  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

[[Page 134 STAT. 1523]]

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 <<NOTE: Reimbursement.>>  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

[[Page 134 STAT. 1524]]

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

[[Page 134 STAT. 1525]]

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: <<NOTE: Reports.>>   
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 <<NOTE: Consultation. Time period.>>  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 <<NOTE: Reports. Directive.>>  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: <<NOTE: Applicability.>>   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,

[[Page 134 STAT. 1526]]

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

[[Page 134 STAT. 1527]]

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 <<NOTE: Assessments.>>  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: <<NOTE: Regulations. Budget request.>>   
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 <<NOTE: Reimbursements.>>  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 <<NOTE: Reimbursements.>>  
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: <<NOTE: Notification.>>   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

[[Page 134 STAT. 1528]]

126(g) of the Superfund Amendments and Reauthorization Act of 1986, 
$81,500,000.

            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES

                    Executive Office of the President

  council on environmental quality and office of environmental quality

    For necessary expenses to continue functions assigned to the Council 
on Environmental Quality and Office of Environmental Quality pursuant to 
the National Environmental Policy Act of 1969, the Environmental Quality 
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not 
to exceed $750 for official reception and representation expenses, 
$3,500,000: <<NOTE: Appointment. President.>>   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: <<NOTE: Career positions.>>   Provided, That the Chemical 
Safety and Hazard Investigation Board (Board) shall have not more than 
three career

[[Page 134 STAT. 1529]]

Senior Executive Service positions: <<NOTE: 5A USC app. 8G note.>>   
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: <<NOTE: 5A USC app. 8G note.>>   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,

[[Page 134 STAT. 1530]]

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 <<NOTE: District of Columbia.>>  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 <<NOTE: District of Columbia.>>  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: <<NOTE: Effective date. Time 
period. Reports.>>   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.

[[Page 134 STAT. 1531]]

                         National Gallery of Art

                          salaries and expenses

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

             repair, restoration and renovation of buildings

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

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

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

                     capital repair and restoration

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

[[Page 134 STAT. 1532]]

            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

[[Page 134 STAT. 1533]]

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: <<NOTE: Fees.>>   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.

[[Page 134 STAT. 1534]]

                             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 <<NOTE: Lobbying.>>  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.

[[Page 134 STAT. 1535]]

                      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 <<NOTE: Budget estimates.>>  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) <<NOTE: Patents and trademarks.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 1536]]

              contract support costs, prior year limitation

    Sec. 405.  Sections <<NOTE: Extension.>>  405 and 406 of division F 
of the Consolidated and Further Continuing Appropriations Act, 2015 
(Public Law 113-235) shall continue in effect in fiscal year 2021.

           contract support costs, fiscal year 2021 limitation

    Sec. 406.  Amounts provided by this Act for fiscal year 2021 under 
the headings ``Department of Health and Human Services, Indian Health 
Service, Contract Support Costs'' and ``Department of the Interior, 
Bureau of Indian Affairs and Bureau of Indian Education, Contract 
Support Costs'' are the only amounts available for contract support 
costs arising out of self-determination or self-governance contracts, 
grants, compacts, or annual funding agreements for fiscal year 2021 with 
the Bureau of Indian Affairs, Bureau of Indian Education, and the Indian 
Health Service:  Provided, That such amounts provided by this Act are 
not available for payment of claims for contract support costs for prior 
years, or for repayments of payments for settlements or judgments 
awarding contract support costs for prior years.

                         forest management plans

    Sec. 407.  The <<NOTE: 16 USC 1604 note.>>  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

[[Page 134 STAT. 1537]]

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.

[[Page 134 STAT. 1538]]

           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) <<NOTE: Definitions.>>  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) <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1539]]

              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 <<NOTE: Time period. Reports.>>  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) <<NOTE: Pornography.>>  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) <<NOTE: Wild horses and burros.>>  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)).

[[Page 134 STAT. 1540]]

    (d) A Federal, State, or local government agency receiving an excess 
wild horse or burro pursuant to subsection (a) shall not--
            (1) destroy the horse or burro in a manner that results in 
        the destruction of the horse or burro into a commercial product;
            (2) sell or otherwise transfer the horse or burro in a 
        manner that results in the destruction of the horse or burro for 
        processing into a commercial product; or
            (3) euthanize the horse or burro, except on the 
        recommendation of a licensed veterinarian in a case of severe 
        injury, illness, or advanced age.

    (e) Amounts appropriated by this Act shall not be available for--
            (1) the destruction of any healthy, unadopted, and wild 
        horse or burro under the jurisdiction of the Secretary concerned 
        (including a contractor); or
            (2) the sale of a wild horse or burro that results in the 
        destruction of the wild horse or burro for processing into a 
        commercial product.

   forest service facility realignment and enhancement authorization 
                                extension

    Sec. 420.  Section <<NOTE: Applicability. 16 USC 580d note.>>  
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) <<NOTE: Definition.>>  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) <<NOTE: Public information. Records. Time period.>>  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

[[Page 134 STAT. 1541]]

informal public input on the request for at least 15 days prior to 
making a finding based on the request. <<NOTE: Web posting.>>  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) <<NOTE: Applicability.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Applicability. 16 USC 6809 note.>>  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 <<NOTE: Advance approval.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>>  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''.

[[Page 134 STAT. 1542]]

            interpretive association authorization extension

    Sec. 427.  Section <<NOTE: Applicability. 16 USC 565a-1 note.>>  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 <<NOTE: Applicability.>>  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 <<NOTE: Applicability. 16 USC 528 note.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1543]]

    (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) <<NOTE: Evaluation.>>  evaluate the national 
                significance of the study area;
                    (B) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  consult with interested 
                Federal agencies, State or local governmental entities, 
                private and nonprofit organizations, or any other 
                interested individuals; and
                    (E) <<NOTE: Cost estimates.>>  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) <<NOTE: Recommenda- tions.>>  any conclusions 
                and recommendations of the Secretary.

                forest ecosystem recovery and health fund

    Sec. 433.  The <<NOTE: Applicability.>>  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) <<NOTE: Deadlines. Time periods.>>  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) <<NOTE: Data sheets.>>  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

[[Page 134 STAT. 1544]]

information that is found on such sheets in the Budget Justifications 
annually submitted by the Department of the Interior with the 
President's Budget for the Department of the Interior projects specified 
pursuant to the allocation in subsection (a)(1) and, only 45 days after 
submission of such sheets, shall the Secretary of the Interior be 
permitted to obligate amounts that are allocated pursuant to subsection 
(a)(1).

    (3) <<NOTE: Lists.>>  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) <<NOTE: Data sheets.>>  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) <<NOTE: Consultation. Reports.>>  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

[[Page 134 STAT. 1545]]

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) <<NOTE: Lists.>>  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) <<NOTE: Data sheets.>>  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) <<NOTE: Time period. Reports.>>  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.

[[Page 134 STAT. 1546]]

                        timber sale requirements

    Sec. 435.  No <<NOTE: Alaska.>>  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--

[[Page 134 STAT. 1547]]

                    (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 <<NOTE: Regulations. Alaska.>>  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 <<NOTE: Departments of Labor, Health and Human 
   Services, and Education, and Related Agencies Appropriations Act, 
 2021. Department of Labor Appropriations Act, 2021. Time period.>>  OF 
 LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES 
APPROPRIATIONS ACT, 2021

                                 TITLE I

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For necessary expenses of the Workforce Innovation and Opportunity 
Act (referred to in this Act as ``WIOA'') and the National 
Apprenticeship Act, $3,663,200,000, plus reimbursements, shall be 
available. Of the amounts provided:
            (1) for grants to States for adult employment and training 
        activities, youth activities, and dislocated worker employment 
        and training activities, $2,845,332,000 as follows:
                    (A) $862,649,000 for adult employment and training 
                activities, of which $150,649,000 shall be available for 
                the period July 1, 2021 through June 30, 2022, and of 
                which $712,000,000 shall be available for the period 
                October 1, 2021 through June 30, 2022;
                    (B) $921,130,000 for youth activities, which shall 
                be available for the period April 1, 2021 through June 
                30, 2022; and
                    (C) $1,061,553,000 for dislocated worker employment 
                and training activities, of which $201,553,000 shall be

[[Page 134 STAT. 1548]]

                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 <<NOTE: Coordination.>>  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: <<NOTE: Requirements.>>   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

[[Page 134 STAT. 1549]]

                      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 <<NOTE: Grants.>>  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.

[[Page 134 STAT. 1550]]

                                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 <<NOTE: Termination date.>>  any funds transferred 
        pursuant to the preceding provision shall not be available for 
        obligation after June 30, 2022: <<NOTE: Notification.>>   
        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

[[Page 134 STAT. 1551]]

beyond the current fiscal year pursuant to the authorities of section 
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

    For authorized administrative expenses, $84,066,000, together with 
not to exceed $3,332,583,000 which may be expended from the Employment 
Security Administration Account in the Unemployment Trust Fund (``the 
Trust Fund''), of which--
            (1) $2,565,816,000 from the Trust Fund is for grants to 
        States for the administration of State unemployment insurance 
        laws as authorized under title III of the Social Security Act 
        (including not less than $200,000,000 to carry out reemployment 
        services and eligibility assessments under section 306 of such 
        Act, any claimants of regular compensation, as defined in such 
        section, including those who are profiled as most likely to 
        exhaust their benefits, may be eligible for such services and 
        assessments:  Provided, That of such amount, $117,000,000 is 
        specified for grants under section 306 of the Social Security 
        Act and is provided to meet the terms of section 
        251(b)(2)(E)(ii) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, as amended, and $83,000,000 is additional 
        new budget authority specified for purposes of section 
        251(b)(2)(E)(i)(II) of such Act; and $9,000,000 for continued 
        support of the Unemployment Insurance Integrity Center of 
        Excellence), the administration of unemployment insurance for 
        Federal employees and for ex-service members as authorized under 
        5 U.S.C. 8501-8523, and the administration of trade readjustment 
        allowances, reemployment trade adjustment assistance, and 
        alternative trade adjustment assistance under the Trade Act of 
        1974 and under section 231(a) of the Trade Adjustment Assistance 
        Extension Act of 2011 and section 405(a) of the Trade 
        Preferences Extension Act of 2015, and shall be available for 
        obligation by the States through December 31, 2021, except that 
        funds used for automation shall be available for Federal 
        obligation through December 31, 2021, and for State obligation 
        through September 30, 2023, or, if the automation is being 
        carried out through consortia of States, for State obligation 
        through September 30, 2027, and for expenditure through 
        September 30, 2028, and funds for competitive grants awarded to 
        States for improved operations and to conduct in-person 
        reemployment and eligibility assessments and unemployment 
        insurance improper payment reviews and provide reemployment 
        services and referrals to training, as appropriate, shall be 
        available for Federal obligation through December 31, 2021, and 
        for obligation by the States through September 30, 2023, and 
        funds for the Unemployment Insurance Integrity Center of 
        Excellence shall be available for obligation by the State 
        through September 30, 2022, and funds used for unemployment 
        insurance workloads experienced through September 30, 2021 shall 
        be available for Federal obligation through December 31, 2021;
            (2) $18,000,000 from the Trust Fund is for national 
        activities necessary to support the administration of the 
        Federal-State unemployment insurance system;

[[Page 134 STAT. 1552]]

            (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

[[Page 134 STAT. 1553]]

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 <<NOTE: Fees.>>  
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.

[[Page 134 STAT. 1554]]

                  Pension Benefit Guaranty Corporation

                pension benefit guaranty corporation fund

    The <<NOTE: Contracts.>>  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 <<NOTE: Approval. Notification.>>  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.

[[Page 134 STAT. 1555]]

                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 <<NOTE: Reimbursement.>>  
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 <<NOTE: Determination.>>  in addition there shall be transferred to 
this appropriation from the Postal Service and from any other 
corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an 
amount for its fair share of the cost of administration, such sums as 
the Secretary determines to be the cost of administration for employees 
of such fair share entities through September 30, 2021:  Provided 
further, That of those funds transferred to this account from the fair 
share entities to pay the cost of administration of the Federal 
Employees' Compensation Act, $80,257,000 shall be made available to the 
Secretary as follows:
            (1) For enhancement and maintenance of automated data 
        processing systems operations and telecommunications systems, 
        $27,220,000;
            (2) For automated workload processing operations, including 
        document imaging, centralized mail intake, and medical bill 
        processing, $25,647,000;
            (3) For periodic roll disability management and medical 
        review, $25,648,000;
            (4) For program integrity, $1,742,000; and
            (5) The remaining funds shall be paid into the Treasury as 
        miscellaneous receipts:

[[Page 134 STAT. 1556]]

  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)

     <<NOTE: 26 USC 9501 note.>> 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

[[Page 134 STAT. 1557]]

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 <<NOTE: Fees.>>  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 <<NOTE: Farms and farming.>>  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 <<NOTE: Small businesses.>>  
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

[[Page 134 STAT. 1558]]

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 <<NOTE: 30 USC 966 note.>>  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 <<NOTE: 30 USC 962.>>  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 <<NOTE: 30 USC 
962.>>  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 <<NOTE: 30 USC 962.>>  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 <<NOTE: 30 USC 962.>>  
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

[[Page 134 STAT. 1559]]

of space, furniture, fixtures, equipment, and related costs, as well as 
relocation of the data center to a shared facility.

                 Office of Disability Employment Policy

                          salaries and expenses

    For necessary expenses for the Office of Disability Employment 
Policy to provide leadership, develop policy and initiatives, and award 
grants furthering the objective of eliminating barriers to the training 
and employment of people with disabilities, $38,500,000.

                         Departmental Management

                          salaries and expenses

                      (including transfer of funds)

    For necessary expenses for Departmental Management, including the 
hire of three passenger motor vehicles, $349,056,000, together with not 
to exceed $308,000, which may be expended from the Employment Security 
Administration account in the Unemployment Trust Fund:  Provided, That 
$67,325,000 for the Bureau of International Labor Affairs shall be 
available for obligation through December 31, 2021:  Provided further, 
That funds available to the Bureau of International Labor Affairs may be 
used to administer or operate international labor activities, bilateral 
and multilateral technical assistance, and microfinance programs, by or 
through contracts, grants, subgrants and other arrangements:  Provided 
further, That not more than $53,825,000 shall be for programs to combat 
exploitative child labor internationally and not less than $13,500,000 
shall be used to implement model programs that address worker rights 
issues through technical assistance in countries with which the United 
States has free trade agreements or trade preference programs:  Provided 
further, That $8,040,000 shall be used for program evaluation and shall 
be available for obligation through September 30, 2022:  Provided 
further, That funds available for program evaluation may be used to 
administer grants for the purpose of evaluation:  Provided further, That 
grants made for the purpose of evaluation shall be awarded through fair 
and open competition:  Provided further, That funds available for 
program evaluation may be transferred to any other appropriate account 
in the Department for such purpose:  Provided further, 
That <<NOTE: Notification.>>  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

[[Page 134 STAT. 1560]]

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.

[[Page 134 STAT. 1561]]

     <<NOTE: Fees.>> 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 <<NOTE: Notification.>>  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. <<NOTE: Child labor.>>  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

[[Page 134 STAT. 1562]]

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. <<NOTE: Evaluations.>>  (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 <<NOTE: Plan. Time period.>>  such funds shall only be available if 
the Chief Evaluation Officer of the Department of Labor submits a plan 
to the Committees

[[Page 134 STAT. 1563]]

on Appropriations of the House of Representatives and the Senate 
describing the evaluations to be carried out 15 days in advance of any 
transfer.

    (b) The accounts referred to in subsection (a) are: ``Training and 
Employment Services'', ``Job Corps'', ``Community Service Employment for 
Older Americans'', ``State Unemployment Insurance and Employment Service 
Operations'', ``Employee Benefits Security Administration'', ``Office of 
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office 
of Federal Contract Compliance Programs'', ``Office of Labor Management 
Standards'', ``Occupational Safety and Health Administration'', ``Mine 
Safety and Health Administration'', ``Office of Disability Employment 
Policy'', funding made available to the ``Bureau of International Labor 
Affairs'' and ``Women's Bureau'' within the ``Departmental Management, 
Salaries and Expenses'' account, and ``Veterans' Employment and 
Training''.
    Sec. 108. (a) <<NOTE: Applicability.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Definitions.>>  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

[[Page 134 STAT. 1564]]

                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) <<NOTE: Effective date.>>  This section shall be effective on 
the date of enactment of this Act.

    Sec. 109. (a) <<NOTE: Time periods.>>  Flexibility With Respect to 
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
            (1) <<NOTE: Effective date.>>  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) <<NOTE: Assessment.>>  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. <<NOTE: Determinations. Wages.>>   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

[[Page 134 STAT. 1565]]

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. <<NOTE: Regulations.>>   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. <<NOTE: Grants. Contracts. Determination.>>   
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) <<NOTE: Applicability.>>  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) <<NOTE: Guidelines.>>  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.

[[Page 134 STAT. 1566]]

    ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  Of the unobligated funds available under 
section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 
1356(s)(2)), and in addition to the amounts rescinded in subsection (a), 
$285,000,000 are hereby permanently rescinded not later than September 
30, 2021.

    Sec. 116.  None of the funds made available by this Act may be used 
to--
            (1) alter or terminate the Interagency Agreement between the 
        United States Department of Labor and the United States 
        Department of Agriculture; or
            (2) close any of the Civilian Conservation Centers, except 
        if such closure is necessary to prevent the endangerment of the 
        health and safety of the students, the capacity of the program 
        is retained, and the requirements of section 159(j) of the WIOA 
        are met.

    Sec. 117.  Paragraph (1) under the heading ``Department of Labor--
Veterans Employment and Training'' of title I of division A of Public 
Law 116-94 <<NOTE: 133 Stat. 2549.>>  is amended by striking 
``obligation by the States through December 31, 2020'' and inserting 
``expenditure by the States through September 30, 2022''.

[[Page 134 STAT. 1567]]

    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 <<NOTE: Department of Health and Human Services Appropriations 
Act, 2021.>>  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 <<NOTE: Waiver authority. 42 
USC 294a note.>>  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

[[Page 134 STAT. 1568]]

(``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 <<NOTE: Applicability. Definition.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  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, <<NOTE: Priority. Determination.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Time period.>>  
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 <<NOTE: Matching funds.>>  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

[[Page 134 STAT. 1569]]

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 <<NOTE: Grants.>>  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.

[[Page 134 STAT. 1570]]

                             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 <<NOTE: Abortion.>>  amounts provided to said projects under such 
title shall not be expended for abortions, that all pregnancy counseling 
shall be nondirective, and that such amounts shall not be expended for 
any activity (including the publication or distribution of literature) 
that in any way tends to promote public support or opposition to any 
legislative proposal or candidate for public office.

                           program management

    For program support in the Health Resources and Services 
Administration, $155,300,000:  Provided, That funds made available under 
this heading may be used to supplement program support funding provided 
under the headings ``Primary Health Care'', ``Health Workforce'', 
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health 
Care Systems'', and ``Rural Health''.

             vaccine injury compensation program trust fund

    For payments from the Vaccine Injury Compensation Program Trust Fund 
(the ``Trust Fund''), such sums as may be necessary for claims 
associated with vaccine-related injury or death with respect to vaccines 
administered after September 30, 1988, pursuant to subtitle 2 of title 
XXI of the PHS Act, to remain available until expended:  Provided, That 
for necessary administrative expenses, not to exceed $11,200,000 shall 
be available from the Trust Fund to the Secretary.

               Centers for Disease Control and Prevention

                  immunization and respiratory diseases

    For carrying out titles II, III, XVII, and XXI, and section 2821 of 
the PHS Act, titles II and IV of the Immigration and Nationality Act, 
and section 501 of the Refugee Education Assistance Act, with respect to 
immunization and respiratory diseases, $448,805,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                         tuberculosis prevention

    For carrying out titles II, III, XVII, and XXIII of the PHS Act with 
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and 
tuberculosis prevention, $1,314,056,000.

                emerging and zoonotic infectious diseases

    For carrying out titles II, III, and XVII, and section 2821 of the 
PHS Act, titles II and IV of the Immigration and Nationality Act, and 
section 501 of the Refugee Education Assistance Act, with respect to 
emerging and zoonotic infectious diseases, $596,272,000:  Provided, That 
of the amounts made available under this heading, up to $1,000,000 shall 
remain available until expended to pay for the transportation, medical 
care, treatment, and other related costs of persons quarantined or 
isolated under Federal or State quarantine law.

[[Page 134 STAT. 1571]]

             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 <<NOTE: Grants.>>  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.

[[Page 134 STAT. 1572]]

                              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 <<NOTE: Detailees. Notice. Deadline. Reports. Updates. Time 
period.>>  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.

[[Page 134 STAT. 1573]]

                 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 <<NOTE: Contracts.>>  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 <<NOTE: Detailees.>>  
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.

[[Page 134 STAT. 1574]]

    national institute of diabetes and digestive and kidney diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to diabetes and digestive and kidney disease, $2,131,975,000.

         national institute of neurological disorders and stroke

    For carrying out section 301 and title IV of the PHS Act with 
respect to neurological disorders and stroke, $2,463,393,000.

          national institute of allergy and infectious diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to allergy and infectious diseases, $6,069,619,000.

             national institute of general medical sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to general medical sciences, $2,991,417,000, of which 
$1,271,505,000 shall be from funds available under section 241 of the 
PHS Act:  Provided, That not less than $396,573,000 is provided for the 
Institutional Development Awards program.

  eunice kennedy shriver national institute of child health and human 
                               development

    For carrying out section 301 and title IV of the PHS Act with 
respect to child health and human development, $1,590,337,000.

                         national eye institute

    For carrying out section 301 and title IV of the PHS Act with 
respect to eye diseases and visual disorders, $835,714,000.

           national institute of environmental health sciences

    For carrying out section 301 and title IV of the PHS Act with 
respect to environmental health sciences, $814,675,000.

                       national institute on aging

    For carrying out section 301 and title IV of the PHS Act with 
respect to aging, $3,899,227,000.

  national institute of arthritis and musculoskeletal and skin diseases

    For carrying out section 301 and title IV of the PHS Act with 
respect to arthritis and musculoskeletal and skin diseases, 
$634,292,000.

    national institute on deafness and other communication disorders

    For carrying out section 301 and title IV of the PHS Act with 
respect to deafness and other communication disorders, $498,076,000.

[[Page 134 STAT. 1575]]

                 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 <<NOTE: Public 
information. Notification. Time period.>>  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

[[Page 134 STAT. 1576]]

30, 2022:  Provided further, That <<NOTE: Contracts.>>  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 <<NOTE: Study.>>  
$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 <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  $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 <<NOTE: Time period. Advance approval.>>  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 <<NOTE: Consultation. Audit plan. Deadline.>>  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

[[Page 134 STAT. 1577]]

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 <<NOTE: Determination.>>  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 <<NOTE: Grants. Contracts.>>  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

[[Page 134 STAT. 1578]]

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 <<NOTE: Grants.>>  
$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 <<NOTE: Grants.>>  
$1,500,000,000 shall be for State Opioid Response Grants for carrying 
out activities pertaining to opioids and stimulants undertaken by the 
State agency responsible for administering the substance abuse 
prevention and treatment block grant under subpart II of part B of title 
XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):  Provided further, That 
of such amount $50,000,000 shall be made available to Indian Tribes or 
tribal organizations:  Provided further, That 15 percent of the 
remaining amount shall be for the States with the highest mortality rate 
related to opioid use disorders:  Provided further, That of the amounts 
provided for State Opioid Response Grants not more than 2 percent shall 
be available for Federal administrative expenses, training, technical 
assistance, and evaluation:  Provided further, 
That <<NOTE: Allocations. Determination.>>  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 <<NOTE: Time period. Publication.>>  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

[[Page 134 STAT. 1579]]

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, <<NOTE: Fees.>>  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.

[[Page 134 STAT. 1580]]

    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 <<NOTE: Fees.>>  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

[[Page 134 STAT. 1581]]

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

[[Page 134 STAT. 1582]]

and the Secretary may, in addition to the authorities provided in 
section 2609A(a)(1), use such funds through contracts with private 
entities that do not qualify as nonprofit organizations:  Provided 
further, That all but $760,000,000 of the amount appropriated under this 
heading shall be allocated as though the total appropriation for such 
payments for fiscal year 2021 was less than $1,975,000,000:  Provided 
further, That, after applying all applicable provisions of section 2604 
of such Act and the previous proviso, each State or territory that would 
otherwise receive an allocation that is less than 97 percent of the 
amount that it received under this heading for fiscal year 2020 from 
amounts appropriated in Public Law 116-94 shall have its allocation 
increased to that 97 percent level, with the portions of other States' 
and territories' allocations that would exceed 100 percent of the 
amounts they respectively received in such fashion for fiscal year 2020 
being ratably reduced.

                     refugee and entrant assistance

                      (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities 
authorized by section 414 of the Immigration and Nationality Act and 
section 501 of the Refugee Education Assistance Act of 1980, and for 
carrying out section 462 of the Homeland Security Act of 2002, section 
235 of the William Wilberforce Trafficking Victims Protection 
Reauthorization Act of 2008, the Trafficking Victims Protection Act of 
2000 (``TVPA''), and the Torture Victims Relief Act of 1998, 
$1,910,201,000, of which $1,864,446,000 shall remain available through 
September 30, 2023 for carrying out such sections 414, 501, 462, and 
235:  Provided, That amounts available under this heading to carry out 
the TVPA shall also be available for research and evaluation with 
respect to activities under such Act:  Provided further, 
That <<NOTE: Applicability.>>  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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1583]]

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 <<NOTE: Grants.>>  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) <<NOTE: Allocations.>>  $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

[[Page 134 STAT. 1584]]

        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 <<NOTE: Procedures. Time period. 42 USC 9921 note.>>  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 <<NOTE: 42 USC 9921 note.>>  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 <<NOTE: Applicability. 42 USC 9921 note.>>  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

[[Page 134 STAT. 1585]]

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 <<NOTE: Allocations.>>  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 <<NOTE: Applicability.>>  section 437(b)(1) shall be 
applied to amounts in the previous proviso by substituting ``5 percent'' 
for ``3.3 percent'', and notwithstanding section 436(b)(1), such 
reserved amounts may be used for identifying, establishing, and 
disseminating practices to meet the criteria specified in section 
471(e)(4)(C):  Provided further, That the reservation in section 
437(b)(2) and the limitations in section 437(d) shall not apply to funds 
specified in the second proviso:  Provided further, That the minimum 
grant award for kinship navigator programs in the case of States and 
territories shall be $200,000, and, in the case of tribes, shall be 
$25,000.

                 payments for foster care and permanency

    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, $7,012,000,000.
    For carrying out, except as otherwise provided, title IV-E of the 
Social Security Act, for the first quarter of fiscal year 2022, 
$3,000,000,000.
    For carrying out, after May 31 of the current fiscal year, except as 
otherwise provided, section 474 of title IV-E of the Social Security 
Act, for the last 3 months of the current fiscal year for unanticipated 
costs, incurred for the current fiscal year, such sums as may be 
necessary.

                   Administration for Community Living

                 aging and disability services programs

                      (including transfer of funds)

    For carrying out, to the extent not otherwise provided, the Older 
Americans Act of 1965 (``OAA''), the RAISE Family Caregivers Act, the 
Supporting Grandparents Raising Grandchildren Act, titles III and XXIX 
of the PHS Act, sections 1252 and 1253 of the PHS Act, section 119 of 
the Medicare Improvements for Patients and Providers Act of 2008, title 
XX-B of the Social Security Act, the Developmental Disabilities 
Assistance and Bill of Rights Act, parts 2 and 5 of subtitle D of title 
II of the Help America Vote

[[Page 134 STAT. 1586]]

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 <<NOTE: Notice. Deadline.>>  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.

[[Page 134 STAT. 1587]]

                         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 <<NOTE: Sexual risk avoidance.>>  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 <<NOTE: Embryo 
adoption.>>  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

[[Page 134 STAT. 1588]]

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

[[Page 134 STAT. 1589]]

any other funds available for such purpose:  Provided further, That 
products purchased with funds provided under this heading may, at the 
discretion of the Secretary, be deposited in the Strategic National 
Stockpile pursuant to section 319F-2 of the PHS Act:  Provided further, 
That $5,000,000 of the amounts made available to support emergency 
operations shall remain available through September 30, 2023.
    For expenses necessary for procuring security countermeasures (as 
defined in section 319F-2(c)(1)(B) of the PHS Act), $770,000,000, to 
remain available until expended.
    For expenses necessary to carry out section 319F-2(a) of the PHS 
Act, $705,000,000, to remain available until expended.
    For an additional amount for expenses necessary to prepare for or 
respond to an influenza pandemic, $287,000,000; of which $252,000,000 
shall be available until expended, for activities including the 
development and purchase of vaccine, antivirals, necessary medical 
supplies, diagnostics, and other surveillance tools:  Provided, That 
notwithstanding section 496(b) of the PHS Act, funds may be used for the 
construction or renovation of privately owned facilities for the 
production of pandemic influenza vaccines and other biologics, if the 
Secretary finds such construction or renovation necessary to secure 
sufficient supplies of such vaccines or biologics.

                           General Provisions

    Sec. 201. Funds appropriated in this title shall be available for 
not to exceed $50,000 for official reception and representation expenses 
when specifically approved by the Secretary.
    Sec. 202. None of the funds appropriated in this title shall be used 
to pay the salary of an individual, through a grant or other extramural 
mechanism, at a rate in excess of Executive Level II:  Provided, That 
none of the funds appropriated in this title shall be used to prevent 
the NIH from paying up to 100 percent of the salary of an individual at 
this rate.
    Sec. 203.  None <<NOTE: Reports.>>  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 <<NOTE: Determination. Evaluation.>>  
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

[[Page 134 STAT. 1590]]

to fund any project or activity for which no funds are provided in this 
Act:  Provided further, That <<NOTE: Notification. Time period.>>  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 <<NOTE: Time period. Contracts.>>  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 <<NOTE: Certification. Family planning. Children and 
youth.>>  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 <<NOTE: Child abuse.>>  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. <<NOTE: Abortion.>>  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 <<NOTE: Gun control.>>  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 <<NOTE: Government employees. Children and 
youth. AIDS.>>  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 <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1591]]

            (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. <<NOTE: Compliance.>>  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 <<NOTE: Consultation. Grants. Contracts.>>  
        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 <<NOTE: Notification. Time period.>>  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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1592]]

out research identified pursuant to or research and activities described 
in such section 402(b)(12).
    (b) <<NOTE: Procedures. Consultation. Assessments.>>  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. <<NOTE: Applicability.>> 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) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  the Secretary determines that 
        a multi-year contract will serve the best interests of the 
        Federal Government by encouraging full and open competition or 
        promoting economy in administration, performance, and operation 
        of BARDA's programs.

    (b) A contract entered into under this section--
            (1) shall include a termination clause as described by 
        subsection (c) of section 3903 of title 41, United States Code; 
        and
            (2) shall be subject to the congressional notice requirement 
        stated in subsection (d) of such section.

    Sec. 219. (a) <<NOTE: Publication. Web posting.>>  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

[[Page 134 STAT. 1593]]

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. <<NOTE: Publication.>> 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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 1594]]

    (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. <<NOTE: Time period.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Drugs and drug abuse. Time 
period. Notification.>> 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) <<NOTE: Notification.>> Notification of any new or 
        competitive grant awards, including supplements, authorized 
        under section 330 of the Public Health Service Act.

    (b) <<NOTE: Notification. Time period.>> 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

[[Page 134 STAT. 1595]]

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. <<NOTE: Reports.>> 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 <<NOTE: Definition. Territories.>>  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 <<NOTE: Donations.>>  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. <<NOTE: Aliens. Children and youth.>> (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) <<NOTE: Determination.>>  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) <<NOTE: Deadline. Assessment.>>  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

[[Page 134 STAT. 1596]]

to operational directives are necessary to prevent unaccompanied 
children from being placed in danger.

    Sec. 232. None <<NOTE: Aliens. Children and 
youth. Determination. Time periods.>>  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) <<NOTE: Requirements. Compliance.>>  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) <<NOTE: Determination.>>  the same requirements 
                as licensed placements, as listed in Exhibit 1 of the 
                Flores Settlement Agreement that the Secretary 
                determines are applicable to non-State licensed 
                facilities; and
                    (B) staffing ratios of one (1) on-duty Youth Care 
                Worker for every eight (8) children or youth during 
                waking hours, one (1) on-duty Youth Care Worker for 
                every sixteen (16) children or youth during sleeping 
                hours, and clinician ratios to children (including 
                mental health providers) as required in grantee 
                cooperative agreements;
            (2) <<NOTE: Waiver authority. Certification. Reports.>>  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) <<NOTE: Deadline. Briefing.>>  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 <<NOTE: Notification. Time 
periods. Analysis. Aliens. Children and youth. 6 USC 279 note.>>  
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

[[Page 134 STAT. 1597]]

72 hours or that unaccompanied alien children will be otherwise placed 
in danger. Within <<NOTE: Reports.>>  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 <<NOTE: Congress. Aliens. Children and youth. Time 
period.>>  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 <<NOTE: Public information. Web 
posting. Reports. Aliens. Children and youth. 6 USC 279 note.>>  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.

[[Page 134 STAT. 1598]]

                              (rescission)

    Sec. 238.  Of <<NOTE: Deadline.>>  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. <<NOTE: Federal buildings and facilities.>> (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) <<NOTE: 133 Stat. 2586.>>  
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 <<NOTE: Department of Education Appropriations Act, 2021.>> 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:

[[Page 134 STAT. 1599]]

 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 <<NOTE: Applicability.>>  $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 <<NOTE: Applicability.>>  $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.

[[Page 134 STAT. 1600]]

                            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 <<NOTE: Applicability.>>  the 5 percent limitation in sections 
6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for 
administrative purposes shall apply only to direct administrative costs.

                       Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of 
part B of title II, and parts C, D, and E and subparts 1 and 4 of part F 
of title IV of the ESEA, $1,114,250,000:  Provided, That $285,250,000 
shall be for subparts 1, 3 and 4 of part B of title II and shall be made 
available without regard to sections 2201, 2231(b) and 2241:  Provided 
further, That $635,000,000 shall be for parts C, D, and E and subpart 4 
of part F of title IV, and shall be made available without regard to 
sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That 
section 4303(d)(3)(A)(i) shall not apply to the funds available for part 
C of title IV:  Provided further, That of the funds available for part C 
of title IV, the Secretary shall use $60,000,000 to carry out section 
4304, of which not more than $10,000,000 shall be available to carry out 
section 4304(k), $140,000,000, to remain available through March 31, 
2022, to carry out section 4305(b), and not more than $15,000,000 to 
carry out the activities in section 4305(a)(3):  Provided further, 
That <<NOTE: Extension.>>  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 <<NOTE: State and local governments.>> 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

[[Page 134 STAT. 1601]]

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 <<NOTE: 20 USC 1411 note.>>  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, <<NOTE: Applicability. Time period.>>  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 <<NOTE: 20 USC 1411 note.>>  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 <<NOTE: 20 USC 1411 note.>>  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

[[Page 134 STAT. 1602]]

further, That <<NOTE: Evaluation.>>  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 <<NOTE: Grants.>>  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, <<NOTE: Grants.>>  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 <<NOTE: Grants.>>  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.

[[Page 134 STAT. 1603]]

                          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 <<NOTE: 20 USC 1070a note.>>  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 <<NOTE: Allocations.>>  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 <<NOTE: 20 USC 1087f note.>>  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 <<NOTE: Allocations.>>  in order to promote accountability and 
high-quality service to borrowers, the Secretary shall not award funding 
for any contract solicitation for a new Federal student loan servicing 
environment, including the solicitation for the Federal Student Aid 
(FSA) Next Generation Processing and Servicing Environment, unless such 
an environment provides for the participation of multiple student loan 
servicers that contract directly with the Department of Education to 
manage a unique portfolio of borrower accounts and the full life-cycle 
of loans from disbursement to pay-off with certain limited exceptions, 
and allocates student loan borrower accounts to eligible student loan 
servicers based on performance:  Provided further, 
That <<NOTE: Allocations.>>  the Department shall re-allocate accounts 
from servicers for recurring non-

[[Page 134 STAT. 1604]]

compliance with FSA guidelines, contractual requirements, and applicable 
laws, including for failure to sufficiently inform borrowers of 
available repayment options:  Provided further, 
That <<NOTE: Evaluations.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Time period. Briefings.>>  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 <<NOTE: Deadline. Spend plan. Time period. Updates.>>  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, <<NOTE: Suspension. Time period.>>  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 <<NOTE: Extension. Time period.>>  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

[[Page 134 STAT. 1605]]

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 <<NOTE: Loans.>>  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.

[[Page 134 STAT. 1606]]

    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 <<NOTE: Time period.>>  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 <<NOTE: Outreach plan.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1607]]

                         Departmental Management

                         program administration

    For carrying out, to the extent not otherwise provided, the 
Department of Education Organization Act, including rental of conference 
rooms in the District of Columbia and hire of three passenger motor 
vehicles, $430,000,000:  Provided, That, notwithstanding any other 
provision of law, none of the funds provided by this Act or provided by 
previous Appropriations Acts to the Department of Education available 
for obligation or expenditure in the current fiscal year may be used for 
any activity relating to implementing a reorganization that 
decentralizes, reduces the staffing level, or alters the 
responsibilities, structure, authority, or functionality of the Budget 
Service of the Department of Education, relative to the organization and 
operation of the Budget Service as in effect on January 1, 2018.

                         office for civil rights

    For expenses necessary for the Office for Civil Rights, as 
authorized by section 203 of the Department of Education Organization 
Act, $131,000,000.

                       office of inspector general

    For expenses necessary for the Office of Inspector General, as 
authorized by section 212 of the Department of Education Organization 
Act, $63,000,000, of which $2,000,000 shall remain available until 
expended.

                           General Provisions

    Sec. 301. No <<NOTE: Voluntary prayer. Meditation.>>  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 <<NOTE: Notification. Time period.>>  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 <<NOTE: Time period.>>  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

[[Page 134 STAT. 1608]]

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) <<NOTE: Time period.>>  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 <<NOTE: Website.>>  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

[[Page 134 STAT. 1609]]

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 <<NOTE: Time 
periods.>>  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 <<NOTE: Deadline.>>  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. <<NOTE: 20 USC 3483a.>> 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 <<NOTE: Deadline.>>  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 <<NOTE: Approval.>>  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 <<NOTE: Notification. Time period.>>  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

[[Page 134 STAT. 1610]]

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.) <<NOTE: 20 USC 1228.>>  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. <<NOTE: Grants. 20 USC 7351 note.>> (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;

[[Page 134 STAT. 1611]]

                    (B) for fiscal year 2022, 100 percent of the amount 
                such local educational agency received for fiscal year 
                2019;
                    (C) for fiscal year 2023, 83.33 percent of the 
                amount such local educational agency received for fiscal 
                year 2019;
                    (D) for fiscal year 2024, 66.67 percent of the 
                amount such local educational agency received for fiscal 
                year 2019;
                    (E) for fiscal year 2025, 50 percent of the amount 
                such local educational agency received for fiscal year 
                2019;
                    (F) for fiscal year 2026, 33.33 percent of the 
                amount such local educational agency received for fiscal 
                year 2019; and
                    (G) for fiscal year 2027, 16.67 percent of the 
                amount such local educational agency received for fiscal 
                year 2019.
            (2) Adjustments to state allocations.--In determining grant 
        amounts for each State educational agency under section 
        5221(a)(2) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7351(a)(2)) for each fiscal year during the period 
        described in subsection (c), the Secretary of Education shall 
        reduce the amount that the State educational agency would 
        otherwise receive by the combined amount of any reductions in 
        grant awards required under paragraph (1) for such year for the 
        local educational agencies described in subsection (a)(2) that 
        are served by the State educational agency.

    (c) <<NOTE: Time period.>>  Applicability.--Subsections (a) and (b) 
shall be in effect during the period--
            (1) <<NOTE: Effective date.>>  beginning on the first day of 
        the fiscal year in which this Act is enacted; and
            (2) <<NOTE: Termination date.>>  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) <<NOTE: Determinations.>>  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.).

[[Page 134 STAT. 1612]]

    Sec. 317. (a) <<NOTE: Waiver authority.>>  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) <<NOTE: Time period.>>  Coverage.--This section shall be in 
effect for the period covered by this Act and for the succeeding fiscal 
year.

    Sec. 318. <<NOTE: Grants.>> 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''.

[[Page 134 STAT. 1613]]

                                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 <<NOTE: Contracts.>>  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 <<NOTE: Determination.>>  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.

[[Page 134 STAT. 1614]]

                  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 <<NOTE: Determination. Notice.>>  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. <<NOTE: Notice. Public information.>> 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. <<NOTE: Requirements. Time period. 42 USC 12571 
note.>> AmeriCorps programs receiving grants under the National Service 
Trust program shall meet an overall minimum share requirement of 24 
percent for the first 3 years that they receive AmeriCorps funding, and 
thereafter shall meet the overall minimum share requirement as provided 
in section 2521.60 of title 45, Code of Federal Regulations, without 
regard to the operating costs match requirement in section 121(e) or the 
member support Federal share limitations in section 140 of the 1990 Act, 
and subject to partial waiver consistent with section 2521.70 of title 
45, Code of Federal Regulations.

    Sec. 403. <<NOTE: Donations.>> 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.

[[Page 134 STAT. 1615]]

    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. <<NOTE: Time period.>> 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 <<NOTE: Discrimination.>>  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 <<NOTE: Political test.>>  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 <<NOTE: Fees.>> 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:

[[Page 134 STAT. 1616]]

 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

[[Page 134 STAT. 1617]]

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

[[Page 134 STAT. 1618]]

amount available for payment pursuant to section 417 of Public Law 98-
76.

                      limitation on administration

    For necessary expenses for the Railroad Retirement Board (``Board'') 
for administration of the Railroad Retirement Act and the Railroad 
Unemployment Insurance Act, $123,500,000, to be derived in such amounts 
as determined by the Board from the railroad retirement accounts and 
from moneys credited to the railroad unemployment insurance 
administration fund:  Provided, That notwithstanding section 7(b)(9) of 
the Railroad Retirement Act this limitation may be used to hire 
attorneys only through the excepted service:  Provided further, That the 
previous proviso shall not change the status under Federal employment 
laws of any attorney hired by the Railroad Retirement Board prior to 
January 1, 2013:  Provided further, That notwithstanding section 7(b)(9) 
of the Railroad Retirement Act, this limitation may be used to hire 
students attending qualifying educational institutions or individuals 
who have recently completed qualifying educational programs using 
current excepted hiring authorities established by the Office of 
Personnel Management:  Provided further, That $9,000,000 to remain 
available until expended, shall be used to supplement, not supplant, 
existing resources devoted to operations and improvements for the 
Board's Information Technology Investment Initiatives.

              limitation on the office of inspector general

    For expenses necessary for the Office of Inspector General for 
audit, investigatory and review activities, as authorized by the 
Inspector General Act of 1978, not more than $11,500,000, to be derived 
from the railroad retirement accounts and railroad unemployment 
insurance account.

                     Social Security Administration

                 payments to social security trust funds

    For payment to the Federal Old-Age and Survivors Insurance Trust 
Fund and the Federal Disability Insurance Trust Fund, as provided under 
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,000,000.

                  supplemental security income program

    For carrying out titles XI and XVI of the Social Security Act, 
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as 
amended, and section 405 of Public Law 95-216, including payment to the 
Social Security trust funds for administrative expenses incurred 
pursuant to section 201(g)(1) of the Social Security Act, 
$40,158,768,000, to remain available until expended:  Provided, That any 
portion of the funds provided to a State in the current fiscal year and 
not obligated by the State during that year shall be returned to the 
Treasury:  Provided further, That not more than $86,000,000 shall be 
available for research and demonstrations under sections 1110, 1115, and 
1144 of the Social Security Act, and remain available through September 
30, 2023.

[[Page 134 STAT. 1619]]

    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 <<NOTE: Notification.>>  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 <<NOTE: Reimbursements.>>  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 <<NOTE: Reviews. Determination.>>  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

[[Page 134 STAT. 1620]]

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, <<NOTE: Transfer authority.>>  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 <<NOTE: Reports.>>  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 <<NOTE: Notice. Time 
period.>>  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.

[[Page 134 STAT. 1621]]

    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. <<NOTE: Propaganda. Lobbying.>> (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) <<NOTE: Gun control.>>  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

[[Page 134 STAT. 1622]]

            (3) percentage and dollar amount of the total costs of the 
        project or program that will be financed by non-governmental 
        sources.

    Sec. 506. <<NOTE: Abortion.>> (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) <<NOTE: Definition.>> 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. <<NOTE: Abortion.>> (a) The limitations established in the 
preceding section shall not apply to an abortion--
            (1) if the pregnancy is the result of an act of rape or 
        incest; or
            (2) in the case where a woman suffers from a physical 
        disorder, physical injury, or physical illness, including a 
        life-endangering physical condition caused by or arising from 
        the pregnancy itself, that would, as certified by a physician, 
        place the woman in danger of death unless an abortion is 
        performed.

    (b) Nothing in the preceding section shall be construed as 
prohibiting the expenditure by a State, locality, entity, or private 
person of State, local, or private funds (other than a State's or 
locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as 
restricting the ability of any managed care provider from offering 
abortion coverage or the ability of a State or locality to contract 
separately with such a provider for such coverage with State funds 
(other than a State's or locality's contribution of Medicaid matching 
funds).
    (d)(1) <<NOTE: Discrimination.>> 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) <<NOTE: Definition.>> 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. <<NOTE: Human embryos.>> (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) <<NOTE: Definition.>> 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

[[Page 134 STAT. 1623]]

any other means from one or more human gametes or human diploid cells.

    Sec. 509. <<NOTE: Drugs and drug abuse.>> (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.  <<NOTE: Health and health care.>> 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.  <<NOTE: Contracts. Reports.>> 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.  <<NOTE: Certifications.>> 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. <<NOTE: Consultations. Time periods. Notifications.>> (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

[[Page 134 STAT. 1624]]

            (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. <<NOTE: Political disclosures.>> (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.  <<NOTE: Deadline. Operating plan.>> 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.  <<NOTE: Reports. Contracts. Grants.>> 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

[[Page 134 STAT. 1625]]

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.  <<NOTE: Mexico.>> 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) <<NOTE: Pornography.>> 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.  <<NOTE: ACORN.>> 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,

[[Page 134 STAT. 1626]]

2025'' for ``September 30, 2018'' each place it appears:  Provided, That 
such pilots shall include communities that have experienced civil 
unrest.
    (b) In addition, Federal agencies may use Federal discretionary 
funds that are made available in this Act to participate in Performance 
Partnership Pilots that are being carried out pursuant to the authority 
provided by section 526 of division H of Public Law 113-76, section 524 
of division G of Public Law 113-235, section 525 of division H of Public 
Law 114-113, section 525 of division H of Public Law 115-31, section 525 
of division H of Public Law 115-141, and section 524 of division A of 
Public Law 116-94.
    (c) <<NOTE: Time period.>> 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.  <<NOTE: Reports. 31 USC 1502 note.>> 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.  <<NOTE: Lists. Grants. Deadline. Time period.>> 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.  <<NOTE: Needles. Drugs and drug abuse.>> 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 <<NOTE: Consultation. Determination. HIV.>>  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.  <<NOTE: Deadline.>> 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.

[[Page 134 STAT. 1627]]

                              (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 <<NOTE: Grants. Water.>>  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 <<NOTE: Allotments.>>  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''.

[[Page 134 STAT. 1628]]

   DIVISION <<NOTE: Legislative Branch Appropriations Act, 2021.>> I--
LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

TITLE <<NOTE: 2 USC 60a note.>> 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.

[[Page 134 STAT. 1629]]

  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

[[Page 134 STAT. 1630]]

Standing Rules of the Senate, section 112 of the Supplemental 
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate 
Resolution 281, 96th Congress, agreed to March 11, 1980, $133,265,000, 
of which $13,350,000 shall remain available until September 30, 2023.

          u.s. senate caucus on international narcotics control

    For expenses of the United States Senate Caucus on International 
Narcotics Control, $508,000.

                         secretary of the senate

    For expenses of the Office of the Secretary of the Senate, 
$9,536,000 of which $6,436,000 shall remain available until September 
30, 2025 and of which $3,100,000 shall remain available until expended.

              sergeant at arms and doorkeeper of the senate

    For expenses of the Office of the Sergeant at Arms and Doorkeeper of 
the Senate, $139,221,200, which shall remain available until September 
30, 2025:  Provided, That of the amounts made available under this 
heading, $4,740,000, to remain available until expended, shall be for 
the Joint Audible Warning System.

                           miscellaneous items

    For miscellaneous items, $24,877,100 which shall remain available 
until September 30, 2023.

         senators' official personnel and office expense account

    For Senators' Official Personnel and Office Expense Account, 
$461,000,000 of which $20,128,950 shall remain available until September 
30, 2023 and of which $6,000,000 shall be allocated solely for the 
purpose of providing financial compensation to Senate interns.

                           official mail costs

    For expenses necessary for official mail costs of the Senate, 
$300,000.

                        Administrative Provisions

                     (Including Rescission of Funds)

 requiring amounts remaining in senators' official personnel and office 
   expense account to be used for deficit reduction or to reduce the 
                              federal debt

    Sec. 101.  Notwithstanding any other provision of law, any amounts 
appropriated under this Act under the heading ``SENATE'' under the 
heading ``Contingent Expenses of the Senate'' under the heading 
``senators' official personnel and office expense account'' shall be 
available for obligation only during the fiscal year or fiscal years for 
which such amounts are made available. Any unexpended balances under 
such allowances remaining after

[[Page 134 STAT. 1631]]

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. <<NOTE: 2 USC 6154 note. Definitions.>> (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) <<NOTE: Effective date.>> 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))

[[Page 134 STAT. 1632]]

        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) <<NOTE: 2 USC 4579 note.>> 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

[[Page 134 STAT. 1633]]

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

[[Page 134 STAT. 1634]]

shall remain available for such salaries and expenses until December 31, 
2022.

                    Salaries, Officers and Employees

    For compensation and expenses of officers and employees, as 
authorized by law, $260,781,000, including: for salaries and expenses of 
the Office of the Clerk, including the positions of the Chaplain and the 
Historian, and including not more than $25,000 for official 
representation and reception expenses, of which not more than $20,000 is 
for the Family Room and not more than $2,000 is for the Office of the 
Chaplain, $31,975,000, of which $4,000,000 shall remain available until 
expended; for salaries and expenses of the Office of the Sergeant at 
Arms, including the position of Superintendent of Garages and the Office 
of Emergency Management, and including not more than $3,000 for official 
representation and reception expenses, $23,260,000, of which $11,000,000 
shall remain available until expended; for salaries and expenses of the 
Office of the Chief Administrative Officer including not more than 
$3,000 for official representation and reception expenses, $177,200,000, 
of which $26,000,000 shall remain available until expended; for salaries 
and expenses of the Office of Diversity and Inclusion, $1,500,000; for 
salaries and expenses of the Office of the Whistleblower Ombudsman, 
$1,000,000; for salaries and expenses of the Office of the Inspector 
General, $5,019,000; for salaries and expenses of the Office of General 
Counsel, $1,815,000; for salaries and expenses of the Office of the 
Parliamentarian, including the Parliamentarian, $2,000 for preparing the 
Digest of Rules, and not more than $1,000 for official representation 
and reception expenses, $2,088,000; for salaries and expenses of the 
Office of the Law Revision Counsel of the House, $3,469,000; for 
salaries and expenses of the Office of the Legislative Counsel of the 
House, $11,937,000; for salaries and expenses of the Office of 
Interparliamentary Affairs, $934,000; for other authorized employees, 
$584,000.

                         Allowances and Expenses

    For allowances and expenses as authorized by House resolution or 
law, $374,939,000, including: supplies, materials, administrative costs 
and Federal tort claims, $1,555,000; official mail for committees, 
leadership offices, and administrative offices of the House, $190,000; 
Government contributions for health, retirement, Social Security, 
contractor support for actuarial projections, and other applicable 
employee benefits, $335,000,000, to remain available until March 31, 
2022; salaries and expenses for Business Continuity and Disaster 
Recovery, $18,508,000, of which $6,000,000 shall remain available until 
expended; transition activities for new members and staff, $13,000,000, 
to remain available until expended; Wounded Warrior Program and the 
Congressional Gold Star Family Fellowship Program, $3,975,000, to remain 
available until expended; Office of Congressional Ethics, $1,711,000; 
and miscellaneous items including purchase, exchange, maintenance, 
repair and operation of House motor vehicles, interparliamentary 
receptions, and gratuities to heirs of deceased employees of the House, 
$1,000,000.

[[Page 134 STAT. 1635]]

       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 <<NOTE: Approval.>>  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) <<NOTE: Regulations.>> The Committee on House Administration of 
the House of Representatives shall have authority to prescribe 
regulations to carry out this section.

    (c) <<NOTE: Definition.>> 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.

[[Page 134 STAT. 1636]]

                          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) <<NOTE: 2 USC 4536 note.>>  Effective date.--The 
        amendment made by subsection (a) shall apply with respect to 
        fiscal year 2021 and each succeeding fiscal year.
            (2) <<NOTE: Regulations. 2 USC 4536 note.>>  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.

[[Page 134 STAT. 1637]]

       house of representatives modernization initiatives account

    Sec. 115. <<NOTE: 2 USC 5513.>> (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. <<NOTE: Communications Outreach Media and Mail Standards 
Act. 2 USC 501 note.>> (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) <<NOTE: 2 USC 501 note.>>  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

[[Page 134 STAT. 1638]]

        be a reference to the House Communications Standards Commission.

    (c) Authority of Commission Over Official Mass Communications.--
            (1) Authority to provide guidance regarding dissemination of 
        mass communications.--
                    (A) In general.--Section 5(d) of the Act entitled 
                ``An Act to amend title 39, United States Code, to 
                clarify the proper use of the franking privilege by 
                Members of Congress, and for other purposes'', approved 
                December 18, 1973 (2 U.S.C. 501(d)), is amended--
                          (i) in the first sentence, by striking ``The 
                      Commission'' and inserting ``(1) The Commission''; 
                      and
                          (ii) by adding at the end the following new 
                      paragraph:
            ``(2) In addition to the guidance, assistance, advice, and 
        counsel described in paragraph (1), the Commission shall 
        provide--
                    ``(A) guidance, assistance, advice, and counsel, 
                through advisory opinions or consultations, in 
                connection with any law and with any rule or regulation 
                of the House of Representatives governing the 
                dissemination of mass communications other than franked 
                mail; and
                    ``(B) guidance, assistance, advice, and counsel in 
                connection with any law and with any rule or regulation 
                of the House of Representatives governing the official 
                content of other official communications of any 
                quantity, whether solicited or unsolicited.''.
                    (B) Authority to investigate complaints.--Section 
                5(e) of such Act (2 U.S.C. 501(e)) is amended--
                          (i) in the first sentence, by striking ``Any 
                      complaint'' and all that follows through ``is 
                      about to occur'' and inserting the following: 
                      ``Any complaint that a violation of any provision 
                      of law or any rule or regulation of the House of 
                      Representatives to which subsection (d) applies is 
                      about to occur''; and
                          (ii) in the sentence beginning with 
                      ``Notwithstanding any other provision of law'', by 
                      striking ``a violation of the franking laws or an 
                      abuse of the franking privilege by any person 
                      listed under subsection (d) of this section as 
                      entitled to send mail as franked mail,'' and 
                      inserting ``a violation of any provision of law or 
                      any rule or regulation of the House of 
                      Representatives to which subsection (d) 
                      applies,''.
                    (C) Mass communication defined.--Section 5 of such 
                Act (2 U.S.C. 501) is amended by adding at the end the 
                following new subsection:

    ``(h) In this section, the term `mass communication' means a mass 
mailing described in section 3210(a)(6)(E) of title 39, United States 
Code, or any other unsolicited communication of substantially identical 
content which is transmitted to 500 or more persons in a session of 
Congress, as provided under regulations of the Commission, except that 
such term does not include--
            ``(1) any communication from an individual described in 
        subsection (d) to another individual described in subsection 
        (d), a Senator, or any Federal, State, local, or Tribal 
        government official;

[[Page 134 STAT. 1639]]

            ``(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

[[Page 134 STAT. 1640]]

                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

[[Page 134 STAT. 1641]]

        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) <<NOTE: 39 USC 3210 note.>>  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) <<NOTE: 2 USC 501 note.>>  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) <<NOTE: 2 USC 5341 note.>>  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:

[[Page 134 STAT. 1642]]

                        Joint Economic Committee

    For salaries and expenses of the Joint Economic Committee, 
$4,203,000, to be disbursed by the Secretary of the Senate.

                       Joint Committee on Taxation

    For salaries and expenses of the Joint Committee on Taxation, 
$11,905,000, to be disbursed by the Chief Administrative Officer of the 
House of Representatives.
    For other joint items, as follows:

                    Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the 
emergency rooms, and for the Attending Physician and his assistants, 
including:
            (1) an allowance of $2,175 per month to the Attending 
        Physician;
            (2) an allowance of $1,300 per month to the Senior Medical 
        Officer;
            (3) an allowance of $725 per month each to three medical 
        officers while on duty in the Office of the Attending Physician;
            (4) an allowance of $725 per month to 2 assistants and $580 
        per month each not to exceed 11 assistants on the basis 
        heretofore provided for such assistants; and
            (5) <<NOTE: Reimbursement.>>  $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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1643]]

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.

[[Page 134 STAT. 1644]]

                        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

[[Page 134 STAT. 1645]]

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.

[[Page 134 STAT. 1646]]

                        Administrative Provision

        no bonuses for contractors behind schedule or over budget

    Sec. 130.  <<NOTE: Determination.>> None of the funds made available 
in this Act for the Architect of the Capitol may be used to make 
incentive or award payments to contractors for work on contracts or 
programs for which the contractor is behind schedule or over budget, 
unless the Architect of the Capitol, or agency-employed designee, 
determines that any such deviations are due to unforeseeable events, 
government-driven scope changes, or are not significant within the 
overall scope of the project and/or program.

                           LIBRARY OF CONGRESS

                          Salaries and Expenses

    For all necessary expenses of the Library of Congress not otherwise 
provided for, including development and maintenance of the Library's 
catalogs; custody and custodial care of the Library buildings; 
information technology services provided centrally; special clothing; 
cleaning, laundering and repair of uniforms; preservation of motion 
pictures in the custody of the Library; operation and maintenance of the 
American Folklife Center in the Library; preparation and distribution of 
catalog records and other publications of the Library; hire or purchase 
of one passenger motor vehicle; and expenses of the Library of Congress 
Trust Fund Board not properly chargeable to the income of any trust fund 
held by the Board, $523,654,000, and, in addition, amounts credited to 
this appropriation during fiscal year 2021 under the Act of June 28, 
1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available 
until expended:  Provided, That the Library of Congress may not obligate 
or expend any funds derived from collections under the Act of June 28, 
1902, in excess of the amount authorized for obligation or expenditure 
in appropriations Acts:  Provided further, 
That <<NOTE: Certification.>>  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

[[Page 134 STAT. 1647]]

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 <<NOTE: Certification.>>  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 <<NOTE: Advance approval.>>  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

[[Page 134 STAT. 1648]]

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 <<NOTE: Time periods.>>  
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

[[Page 134 STAT. 1649]]

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 <<NOTE: Deadline. Time periods. Approval.>>  
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 <<NOTE: Deadline. Time 
period. Approval.>>  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

[[Page 134 STAT. 1650]]

be necessary in carrying out the programs and purposes set forth in the 
budget for the current fiscal year for the Government Publishing Office 
Business Operations Revolving Fund:  Provided further, 
That <<NOTE: Certification.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Reimbursements.>>  payments hereunder to the Forum may be 
credited as reimbursements to any appropriation from which costs 
involved are initially financed.

[[Page 134 STAT. 1651]]

                 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 <<NOTE: Russia.>>  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.  <<NOTE: Contracts. Public information.>> 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

[[Page 134 STAT. 1652]]

provided under existing law, or under existing Executive order issued 
under existing law.

                             costs of lbfmc

    Sec. 205.  <<NOTE: Determination.>> 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) <<NOTE: Huawei Technologies Company. ZTE 
Corporation. Reviews.>>  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;

[[Page 134 STAT. 1653]]

            (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) <<NOTE: Consultation. Assessment. Cyber 
        threats. China. Iran. North Korea. Russia.>>  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) <<NOTE: Consultations.>> 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) <<NOTE: Mitigation strategy.>> developed, in 
        consultation with NIST and supply chain risk management experts, 
        a mitigation strategy for any identified risks;
            (2) <<NOTE: Determination.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Pornography.>> 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.  <<NOTE: Coordination. Consultation.>> All agencies and 
offices funded by this division that contract with a food service 
provider or providers shall confer and coordinate with such food service 
provider or providers, in consultation with disability advocacy groups, 
to eliminate or reduce plastic waste, including waste from plastic 
straws, explore the use of biodegradable items, and increase recycling 
and composting opportunities.

[[Page 134 STAT. 1654]]

      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 <<NOTE: Deadline. Spend plan. Estimates. Timeline.>>  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-- <<NOTE: Military Construction, Veterans Affairs, and 
  Related Agencies Appropriations Act, 2021.>> 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, <<NOTE: Determination. Notification.>>  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

[[Page 134 STAT. 1655]]

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, <<NOTE: Determination. Notification.>>  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, <<NOTE: Determination. Notification.>>  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, <<NOTE: Determination. Notification.>>  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.

[[Page 134 STAT. 1656]]

               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, <<NOTE: Determination. Notification.>>  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, <<NOTE: Determination. Notification.>>  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, <<NOTE: Determination. Notification.>>  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, <<NOTE: Determination. Notification.>>  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.

[[Page 134 STAT. 1657]]

                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, <<NOTE: Determination. Notification.>>  of the amount, not to 
exceed $3,270,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the Chief 
of the Air Force Reserve determines that additional obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor.

                   North Atlantic Treaty Organization

                       Security Investment Program

    For the United States share of the cost of the North Atlantic Treaty 
Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $173,030,000, to remain available until expended.

               Department of Defense Base Closure Account

    For deposit into the Department of Defense Base Closure Account, 
established by section 2906(a) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $480,447,000, to remain 
available until expended.

                    Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $119,400,000, to remain available 
until September 30, 2025.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized by 
law, $352,342,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $42,897,000, to remain 
available until September 30, 2025.

[[Page 134 STAT. 1658]]

     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.  <<NOTE: Contracts.>> 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.

[[Page 134 STAT. 1659]]

    Sec. 102.  Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103.  <<NOTE: Certification.>> 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.  <<NOTE: Determinations.>> 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.  <<NOTE: Notification.>> 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.  <<NOTE: Steel.>> 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.  <<NOTE: Notification.>> 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.  <<NOTE: Contracts. Japan.>> 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.  <<NOTE: Kwajalein Atoll. Contracts.>> 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

[[Page 134 STAT. 1660]]

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.  <<NOTE: Notification. Military exercise. Time 
period.>> 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.  <<NOTE: Time 
periods. Notification. Determination.>> 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.

[[Page 134 STAT. 1661]]

                      (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.  <<NOTE: 10 USC 2821 note.>> 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 <<NOTE: Deadlines. Notification.>>  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 <<NOTE: Reports.>>  the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
of both Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the prior 
fiscal year.

    Sec. 120.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United States 
Code, are appropriated and shall be available until expended for the 
purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                      (including transfer of funds)

    Sec. 121.  <<NOTE: Time period. Determination.>> 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

[[Page 134 STAT. 1662]]

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 <<NOTE: Deadline. Expenditure plan.>>  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.

[[Page 134 STAT. 1663]]

    Sec. 127.  <<NOTE: Definition.>> 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 <<NOTE: Deadline. Expenditure 
plan.>>  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 <<NOTE: Cuba.>>  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. 
<<NOTE: Analysis. Reports. Certification.>> 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 <<NOTE: Definition.>>  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:

[[Page 134 STAT. 1664]]

            ``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 <<NOTE: Deadline. Expenditure plan.>>  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 <<NOTE: Approval.>>  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 <<NOTE: Expenditure plan. Deadline.>>  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 <<NOTE: Expenditure plan. Deadline.>>  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.

[[Page 134 STAT. 1665]]

                                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 <<NOTE: Reimbursement.>>  not to exceed $20,115,000 of the amount 
made available for fiscal year 2022 under this heading shall be 
reimbursed to ``General Operating Expenses, Veterans Benefits 
Administration'', and ``Information Technology Systems'' for necessary 
expenses in implementing the provisions of chapters 51, 53, and 55 of 
title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and Pensions'' 
appropriation:  Provided further, That <<NOTE: Reimbursement.>>  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.

[[Page 134 STAT. 1666]]

                   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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1667]]

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, <<NOTE: Priorities.>>  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, <<NOTE: Priorities.>>  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, <<NOTE: Drugs and drug abuse. Requirements.>>  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-

[[Page 134 STAT. 1668]]

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

[[Page 134 STAT. 1669]]

amounts appropriated under this heading are available for prosthetic 
research specifically for female veterans, and for toxic exposure 
research.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $352,000,000, of which not to exceed 10 percent 
shall remain available until September 30, 2022.

                       Departmental Administration

                         general administration

                      (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, $365,911,000, of which not to exceed 10 percent 
shall remain available until September 30, 2022:  Provided, That funds 
provided under this heading may be transferred to ``General Operating 
Expenses, Veterans Benefits Administration''.

                        board of veterans appeals

    For necessary operating expenses of the Board of Veterans Appeals, 
$196,000,000, of which not to exceed 10 percent shall remain available 
until September 30, 2022.

                     information technology systems

                      (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said acquisitions, 
including contractual costs associated with operations authorized by 
section 3109 of title 5, United States Code, $4,912,000,000, plus 
reimbursements:  Provided, That $1,211,238,000 shall be for pay and 
associated costs, of which not to exceed 3 percent shall remain 
available until September 30, 2022:  Provided further, That 
$3,205,216,000 shall be for operations and maintenance, of which not to 
exceed 5 percent shall remain available until September 30, 2022:  
Provided further, That

[[Page 134 STAT. 1670]]

$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 <<NOTE: Time period.>>  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 <<NOTE: Reports.>>  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 <<NOTE: Effective date. Certification. Deadline.>>  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,

[[Page 134 STAT. 1671]]

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 <<NOTE: Notification.>>  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 <<NOTE: Reimbursement.>>  
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 <<NOTE: Contracts. Deadlines.>>  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 <<NOTE: Reports.>>  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

[[Page 134 STAT. 1672]]

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, <<NOTE: Time period.>>  
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

[[Page 134 STAT. 1673]]

transferred among the accounts:  Provided, That <<NOTE: Notification.>>  
any transfers among the ``Medical Services'', ``Medical Community 
Care'', and ``Medical Support and Compliance'' accounts of 1 percent or 
less of the total amount appropriated to the account in this or any 
other Act may take place subject to notification from the Secretary of 
Veterans Affairs to the Committees on Appropriations of both Houses of 
Congress of the amount and purpose of the transfer:  Provided further, 
That any transfers among the ``Medical Services'', ``Medical Community 
Care'', and ``Medical Support and Compliance'' accounts in excess of 1 
percent, or exceeding the cumulative 1 percent for the fiscal year, may 
take place only after the Secretary requests from the Committees on 
Appropriations of both Houses of Congress the authority to make the 
transfer and an approval is issued:  Provided further, That any 
transfers to or from the ``Medical Facilities'' account may take place 
only after the Secretary requests from the Committees on Appropriations 
of both Houses of Congress the authority to make the transfer and an 
approval is issued.

    Sec. 203.  Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code; hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, Major Projects'', and ``Construction, 
Minor Projects'') shall be available for the purchase of any site for or 
toward the construction of any new hospital or home.
    Sec. 205.  <<NOTE: Reimbursement.>> 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.  <<NOTE: Reimbursement.>> 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

[[Page 134 STAT. 1674]]

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 <<NOTE: Time period.>>  
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 <<NOTE: Determination. Time period.>>  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.  <<NOTE: Disclosure. Reimbursement.>> 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.

[[Page 134 STAT. 1675]]

                      (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.  <<NOTE: Contracts. Alaska. Native Americans.>> 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. <<NOTE: Requirement. Compliance.>> The Secretary shall require 
participating veterans and facilities to comply with all appropriate 
rules and regulations, as established by the 
Secretary. <<NOTE: Definition.>> 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.  <<NOTE: Reports.>> 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.

[[Page 134 STAT. 1676]]

                      (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 <<NOTE: Notification.>>  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 <<NOTE: Repeal. 133 Stat. 2799.>>  
section 220 of title II of division F of Public Law 116-94 is repealed.

                      (including transfer of funds)

    Sec. 220.  Of the amounts appropriated to the Department of Veterans 
Affairs which become available on October 1, 2021, for ``Medical 
Services'', ``Medical Community Care'', ``Medical Support and 
Compliance'', and ``Medical Facilities'', up to $327,126,000, plus 
reimbursements, may be transferred to the Joint Department of Defense--
Department of Veterans Affairs Medical Facility Demonstration Fund, 
established by section 1704 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used 
for operation of the facilities designated as combined Federal medical 
facilities as described by section 706 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 
Stat. 4500):  Provided, That <<NOTE: Notification.>>  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.

[[Page 134 STAT. 1677]]

                      (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.  <<NOTE: Notifications. Deadlines.>> 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 <<NOTE: Contracts.>>  
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.  <<NOTE: Approval.>> 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.  <<NOTE: Reports. Data.>> 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

[[Page 134 STAT. 1678]]

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.  <<NOTE: Notification. Deadline.>> 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.  <<NOTE: Time period. Notification.>> 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.  <<NOTE: Determinations.>> 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

[[Page 134 STAT. 1679]]

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) <<NOTE: Definitions.>> 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) <<NOTE: Study. Time period. Analysis. Data.>> 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) <<NOTE: Determinations.>> 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.  <<NOTE: Effective date. Time period.>> 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--

[[Page 134 STAT. 1680]]

            (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) <<NOTE: Definitions.>> In this section:
            (1) The term ``service-connected'' has the meaning given 
        such term in section 101 of title 38, United States Code.
            (2) The term ``covered veteran'' means a veteran, as such 
        term is defined in section 101 of title 38, United States Code, 
        who has a service-connected disability that results in the 
        inability of the veteran to procreate without the use of 
        fertility treatment.
            (3) The term ``assisted reproductive technology'' means 
        benefits relating to reproductive assistance provided to a 
        member of the Armed Forces who incurs a serious injury or 
        illness on active duty pursuant to section 1074(c)(4)(A) of 
        title 10, United States Code, as described in the memorandum on 
        the subject of ``Policy for Assisted Reproductive Services for 
        the Benefit of Seriously or Severely Ill/Injured (Category II or 
        III) Active Duty Service Members'' issued by the Assistant 
        Secretary of Defense for Health Affairs on April 3, 2012, and 
        the guidance issued to implement such policy, including any 
        limitations on the amount of such benefits available to such a 
        member except that--
                    (A) the time periods regarding embryo 
                cryopreservation and storage set forth in part III(G) 
                and in part IV(H) of such memorandum shall not apply; 
                and
                    (B) such term includes embryo cryopreservation and 
                storage without limitation on the duration of such 
                cryopreservation and storage.
            (4) The term ``adoption reimbursement'' means reimbursement 
        for the adoption-related expenses for an adoption that is 
        finalized after the date of the enactment of this Act under the 
        same terms as apply under the adoption reimbursement program of 
        the Department of Defense, as authorized in Department of 
        Defense Instruction 1341.09, including the reimbursement limits 
        and requirements set forth in such instruction.

    (c) Amounts made available for the purposes specified in subsection 
(a) of this section are subject to the requirements for funds contained 
in section 508 of division H of the Consolidated Appropriations Act, 
2018 (Public Law 115-141).
    Sec. 235.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with: (1) section 
842 of the Transportation, Treasury, Housing and Urban Development, the 
Judiciary, the District of Columbia, and Independent Agencies 
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506); or (2) 
section 8110(a)(5) of title 38, United States Code.
    Sec. 236.  Section 842 of Public Law 109-115 shall not apply to 
conversion of an activity or function of the Veterans Health 
Administration, Veterans Benefits Administration, or National Cemetery 
Administration to contractor performance by a business concern that is 
at least 51 percent owned by one or more Indian tribes as defined in 
section 5304(e) of title 25, United States Code, or one or more Native 
Hawaiian Organizations as defined in section 637(a)(15) of title 15, 
United States Code.

[[Page 134 STAT. 1681]]

    Sec. 237. <<NOTE: Consultation. Deadlines. 38 USC 5701 note 
prec.>> (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.  <<NOTE: Applicability.>> 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.  <<NOTE: Applicability.>> 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. <<NOTE: Records.>> (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.

[[Page 134 STAT. 1682]]

    (c) <<NOTE: Compliance.>> 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) <<NOTE: Reports.>> 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.  <<NOTE: Notification. Proposals. Time period.>> 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 <<NOTE: Applicability.>>  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) <<NOTE: Effective date. 38 USC 303 note.>>  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) <<NOTE: Effective date. Determination.>>  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 <<NOTE: Reports.>>  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

[[Page 134 STAT. 1683]]

            (5) the protocols in place to ensure the necessity, safety, 
        and efficacy of the research; and

    (d) <<NOTE: Reports.>> 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) <<NOTE: Deadlines. Plan.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Assessment.>> an assessment of the veteran-to-
        staff ratio for each such program; and
            (2) <<NOTE: Recommenda- tions.>> recommendations for such 
        action as the Secretary considers necessary to reduce the 
        veteran-to-staff ratio for each such program.

    Sec. 249.  <<NOTE: New York. Market assessment.>> None of the funds 
made available by this Act may be used by the Secretary of Veterans 
Affairs to close the community based outpatient clinic located in 
Bainbridge, New York, until the Secretary of Veterans Affairs submits to 
the Committees on Appropriations of the House of Representatives and the 
Senate a market area assessment.

    Sec. 250.  Amounts made available for the ``Veterans Health 
Administration, Medical Community Care'' account in this or any other 
Act for fiscal years 2021 and 2022 may be used for expenses that would 
otherwise be payable from the Veterans Choice Fund established by 
section 802 of the Veterans Access, Choice, and Accountability Act, as 
amended (38 U.S.C. 1701 note).
    Sec. 251.  Obligations and expenditures applicable to the ``Medical 
Services'' account in fiscal years 2017 through 2019 for aid to state 
homes (as authorized by section 1741 of title 38, United States Code) 
shall remain in the ``Medical Community Care'' account for such fiscal 
years.
    Sec. 252.  Of the amounts made available for the Department of 
Veterans Affairs for fiscal year 2021, in this or any other Act, under 
the ``Veterans Health Administration--Medical Services'', ``Veterans 
Health Administration--Medical Community Care'', ``Veterans Health 
Administration--Medical Support and Compliance'', and ``Veterans Health 
Administration--Medical Facilities'' accounts,

[[Page 134 STAT. 1684]]

$660,691,000 shall be made available for gender-specific care for women.
    Sec. 253 (a) <<NOTE: Deadline.>>  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) <<NOTE: Timeline.>> 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;

[[Page 134 STAT. 1685]]

            ``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.

[[Page 134 STAT. 1686]]

                      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.

[[Page 134 STAT. 1687]]

              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.  <<NOTE: Classified information. List. Time period.>> 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.  <<NOTE: Reports. Notifications.>> Unless stated 
otherwise, all reports and notifications required by this Act shall be 
submitted to the Subcommittee on Military Construction and Veterans 
Affairs, and Related Agencies of the Committee on Appropriations of the 
House of Representatives and the Subcommittee on Military Construction 
and Veterans Affairs, and Related Agencies of the Committee on 
Appropriations of the Senate.

    Sec. 505.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of

[[Page 134 STAT. 1688]]

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. <<NOTE: Web posting. Public 
information. Reports. Determinations.>> (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) <<NOTE: Time period.>> 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) <<NOTE: Pornography.>> 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.  <<NOTE: Contracts.>> 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) <<NOTE: Detainees. Cuba.>>  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--

[[Page 134 STAT. 1689]]

                    (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.  <<NOTE: Grants.>> Title X of division B of the 
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136) <<NOTE: Ante, p. 584.>>  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, <<NOTE: Reimbursement.>> 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.  <<NOTE: Transfer authority.>> 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

[[Page 134 STAT. 1690]]

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.  <<NOTE: Transfer authority.>> 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) <<NOTE: Ante, p. 589.>>  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.'':

[[Page 134 STAT. 1691]]

  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.  <<NOTE: Transfer authority.>> Of the unobligated balances 
available to the Department of Veterans Affairs from title X of division 
B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 
116-136) for ``Veterans Health Administration, Medical Services'', up to 
$100,000,000 may be transferred to ``Veterans Health Administration, 
Medical Community Care'':  Provided, That funds transferred pursuant to 
this section shall be used to provide a one-time emergency payment to 
existing State Extended Care Facilities for Veterans to prevent, prepare 
for, and respond to coronavirus:  Provided further, That such payments 
shall be in proportion to each State's share of the total resident 
capacity in such facilities as of the date of enactment of this Act 
where such capacity includes only veterans on whose behalf the 
Department pays a per diem payment pursuant to 38 U.S.C. 1741 or 1745:  
Provided further, That the amounts transferred in this section that were 
previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 are designated by the Congress as an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

    This division may be cited as the ``Military Construction, Veterans 
Affairs, and Related Agencies Appropriations Act, 2021''.

 DIVISION <<NOTE: Department of State, Foreign Operations, and Related 
  Programs Appropriations Act, 2021.>> 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 <<NOTE: Allocations.>>  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

[[Page 134 STAT. 1692]]

        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 <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1693]]

                         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 <<NOTE: Fellowships and scholarships. Consultation.>>  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 <<NOTE: Consultation. Notification.>>  
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.

[[Page 134 STAT. 1694]]

              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.

[[Page 134 STAT. 1695]]

      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 <<NOTE: 22 USC 269a note.>> 

              contributions to international organizations

    For <<NOTE: United Nations. Notifications.>>  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 <<NOTE: Budget.>>  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 <<NOTE: Time period.>>  the Secretary of State 
shall notify the Committees on Appropriations at least 15 days in 
advance (or in an emergency, as far in advance as is practicable) of any 
United Nations action to increase funding for any United Nations program 
without identifying an offsetting decrease elsewhere in the United 
Nations budget:  Provided further, That any payment of arrearages under 
this heading shall be directed to activities that are mutually agreed 
upon by the United States and the respective international organization 
and shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That none of the funds 
appropriated under this heading shall be available for a United States 
contribution to an international organization for the United States 
share of interest costs made known to the United States Government by 
such organization for loans incurred on or after October 1, 1984, 
through external borrowings.

 contributions for international peacekeeping activities <<NOTE: United 
Nations.>> 

    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 <<NOTE: Time period. Notifications. Cost 
estimates.>>  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

[[Page 134 STAT. 1696]]

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 <<NOTE: Certification. Reports. Human 
rights. Public information. Web posting.>>  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 <<NOTE: Procedures. Human rights.>>  
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: <<NOTE: Determination.>>   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 <<NOTE: President. Recommenda- tions.>>  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 <<NOTE: Notification.>>  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 <<NOTE: 22 USC 269a note.>> 

    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 <<NOTE: Compliance.>>  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.

[[Page 134 STAT. 1697]]

                              construction

    For detailed plan preparation and construction of authorized 
projects, $49,000,000, to remain available until expended, as 
authorized:  Provided, That <<NOTE: Transfer 
authority. Consultation. Notification.>>  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:

[[Page 134 STAT. 1698]]

 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 <<NOTE: Notification.>>  
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 <<NOTE: Notification. Deadline. Determination. Terrorism.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Transfer authority.>>  
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 <<NOTE: Consultation. Notification.>>  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

[[Page 134 STAT. 1699]]

purposes, $9,700,000, to remain available until expended, as authorized.

                            RELATED PROGRAMS

                           The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until 
expended:  Provided, That <<NOTE: Apportionment. Deadline.>>  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

[[Page 134 STAT. 1700]]

Cultural and Technical Interchange Between East and West in the State of 
Hawaii, $19,700,000:  Provided, That <<NOTE: Apportionment. Deadline.>>  
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 <<NOTE: Apportionment. Deadline.>>  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 <<NOTE: Termination date.>>  such authority shall terminate on 
October 1, 2021:  Provided further, That <<NOTE: Notification.>>  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.

[[Page 134 STAT. 1701]]

  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 <<NOTE: Extension. Applicability.>>  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 <<NOTE: Contracts. Reports.>>  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 <<NOTE: Contracts.>>  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 <<NOTE: Transfer authority.>>  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

[[Page 134 STAT. 1702]]

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 <<NOTE: Reports.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Apportionment. Deadline.>>  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;

[[Page 134 STAT. 1703]]

(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 <<NOTE: Determination. Abortion. Sterilization.>>  none of the 
funds made available in this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or program 
which, as determined by the President of the United States, supports or 
participates in the management of a program of coercive abortion or 
involuntary sterilization:  Provided further, That <<NOTE: Deadline.>>  
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 <<NOTE: Abortion.>>  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 <<NOTE: Lobbying. Abortion.>>  none of the funds made available 
under this Act may be used to lobby for or against abortion:  Provided 
further, That <<NOTE: Family planning. Requirements.>>  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) <<NOTE: Determination. Reports.>>  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

[[Page 134 STAT. 1704]]

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 <<NOTE: Grants. Discrimination. Compliance.>>  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 <<NOTE: Apportionment. Deadline.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Apportionment. Deadline.>>  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.

[[Page 134 STAT. 1705]]

                    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 <<NOTE: Apportionment. Deadline.>>  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 <<NOTE: Reports.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Consultation.>>  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 <<NOTE: Apportionment. Deadline.>>  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.

[[Page 134 STAT. 1706]]

                             democracy fund

    For <<NOTE: Apportionment. Deadline.>>  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 <<NOTE: Consultation.>>  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 <<NOTE: Apportionment. Deadline.>>  an additional amount for 
such purposes, $100,250,000, to remain available until September 30, 
2022, which shall be made available for the Bureau for Development, 
Democracy, and Innovation, United States Agency for International 
Development, and shall be apportioned to such Bureau not later than 60 
days after enactment of this Act.

             assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511), 
and the Support for Eastern European Democracy (SEED) Act of 1989 
(Public Law 101-179), $770,334,000, to remain available until September 
30, 2022, which shall be available, notwithstanding any other provision 
of law, except section 7047 of this Act, for assistance and related 
programs for countries identified in section 3 of the FREEDOM Support 
Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C. 
5402), in addition to funds otherwise available for such purposes:  
Provided, That funds appropriated by this Act under the headings 
``Global Health Programs'', ``Economic Support Fund'', and 
``International Narcotics Control and Law Enforcement'' that are made 
available for assistance for such countries shall be administered in 
accordance with the responsibilities of the coordinator designated 
pursuant to section 102 of the FREEDOM Support Act and section 601 of 
the SEED Act of 1989:  Provided further, That funds appropriated under 
this heading shall be considered to be economic assistance under the 
Foreign Assistance Act of 1961 for purposes of making available the 
administrative authorities contained in that Act for the use of economic 
assistance:  Provided further, That <<NOTE: Notification.>>  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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1707]]

extent practicable:  Provided further, That <<NOTE: Transfer 
authority.>>  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 <<NOTE: Transfer authority.>>  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.

[[Page 134 STAT. 1708]]

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 <<NOTE: Consultation.>>  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 <<NOTE: Abortion.>>  none of 
the funds appropriated under this heading shall be used to pay for 
abortions:  Provided further, That <<NOTE: Applicability.>>  
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 <<NOTE: Applicability.>>  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

[[Page 134 STAT. 1709]]

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 <<NOTE: Waiver authority.>>  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 <<NOTE: Reports.>>  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 <<NOTE: Contracts.>>  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

     <<NOTE: President. Determination.>> 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.

     <<NOTE: President. Determination.>> 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 <<NOTE: Consultation. Notification.>>  funds made available by this 
paragraph shall be subject to prior consultation with the appropriate

[[Page 134 STAT. 1710]]

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

     <<NOTE: Notifications.>> For necessary expenses to carry out 
section 481 of the Foreign Assistance Act of 1961, $1,385,573,000, to 
remain available until September 30, 2022:  Provided, That the 
Department of State may use the authority of section 608 of the Foreign 
Assistance Act of 1961, without regard to its restrictions, to receive 
excess property from an agency of the United States Government for the 
purpose of providing such property to a foreign country or international 
organization under chapter 8 of part I of such Act, subject to the 
regular notification procedures of the Committees on Appropriations:  
Provided further, That section 482(b) of the Foreign Assistance Act of 
1961 shall not apply to funds appropriated under this heading, except 
that any funds made available notwithstanding such section shall be 
subject to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That funds appropriated under this 
heading shall be made available to support training and technical 
assistance for foreign law enforcement, corrections, judges, and other 
judicial authorities, utilizing regional partners:  Provided further, 
That funds made available under this heading that are transferred to 
another department, agency, or instrumentality of the United States 
Government pursuant to section 632(b) of the Foreign Assistance Act of 
1961 valued in excess of $5,000,000, and any agreement made pursuant to 
section 632(a) of such Act, shall be subject to the regular notification 
procedures of the Committees on Appropriations:  Provided further, That 
funds made available under this heading for Program Development and 
Support may be made available notwithstanding pre-obligation 
requirements contained in this Act, except for the notification 
requirements of section 7015.

     nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $889,247,000, to remain 
available until September 30, 2022, to carry out the provisions of 
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act 
of 1961, section 504 of the FREEDOM Support Act (22 U.S.C. 5854), 
section 23 of the Arms Export Control Act

[[Page 134 STAT. 1711]]

(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 <<NOTE: Consultation. Notification.>>  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 <<NOTE: Determination. Israel.>>  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 <<NOTE: Notification.>>  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 <<NOTE: Somalia.>>  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 <<NOTE: Notification.>>  none of 
the funds appropriated under this heading shall be obligated except as 
provided through the regular notification procedures of the Committees 
on Appropriations.

[[Page 134 STAT. 1712]]

                   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 <<NOTE: Consultation. Notification.>>  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: <<NOTE: Consultation. Notification. Contracts.>>   
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 <<NOTE: Disbursement. Deadline.>>  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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1713]]

financed with such funds: <<NOTE: Notification.>>   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: <<NOTE: Notification.>>   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: <<NOTE: Notification.>>   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 <<NOTE: Deadline. Consultation. Notification.>>  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 134 STAT. 1714]]

                  International Financial Institutions

                       global environment facility

    For <<NOTE: Disbursements. Deadline.>>  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 <<NOTE: Deadline.>>  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 <<NOTE: Reports. Time period.>>  Secretary shall report to the 
Committees on Appropriations on the status of funds provided under this 
heading not less than quarterly until fully 
disbursed: <<NOTE: Timeline.>>   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

[[Page 134 STAT. 1715]]

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 <<NOTE: Disbursements. Deadline.>>  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 <<NOTE: Reports. Time period.>>  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 <<NOTE: Timeline.>>  
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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1716]]

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: <<NOTE: 12 USC 635a note.>>   
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 <<NOTE: Fees.>>  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.

[[Page 134 STAT. 1717]]

                        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 <<NOTE: Time period. Notification.>>  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 <<NOTE: Consultation. Notification.>>  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 <<NOTE: Collections.>>  in 
fiscal year 2021 collections of amounts described in section 1434(h) of 
the BUILD Act of 2018 shall be credited as offsetting collections to 
this appropriation:  Provided further, That such collections collected 
in fiscal year 2021 in excess of $569,000,000 shall be credited to this 
account and shall be available in future fiscal years only to the extent 
provided in advance in appropriations Acts:  Provided further, That in 
fiscal year 2021, if such collections are less than $569,000,000, 
receipts collected pursuant to the BUILD Act of 2018 and the Federal 
Credit Reform Act of 1990, in an amount equal to such shortfall, shall 
be credited as offsetting collections to this appropriation:  Provided 
further, That funds appropriated or otherwise made available under this 
heading may not be used to provide any type of assistance that is 
otherwise prohibited by any other provision of law or to provide 
assistance to any foreign country that is

[[Page 134 STAT. 1718]]

otherwise prohibited by any other provision of law:  Provided further, 
That the <<NOTE: Reduction.>>  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 <<NOTE: Disbursement. Time 
period.>>  such amounts obligated in a fiscal year shall remain 
available for disbursement for the following 8 fiscal 
years: <<NOTE: Time period.>>   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 <<NOTE: Time period. Records.>>  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

[[Page 134 STAT. 1719]]

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 <<NOTE: Contracts.>>  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) <<NOTE: Consultation. Determination.>>  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) <<NOTE: Consultation.>>  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,

[[Page 134 STAT. 1720]]

        foreign operations, and related programs shall be a minimum of 
        $25,000,000.
            (2) <<NOTE: Notification. Waiver authority.>>  
        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 <<NOTE: Cuba. North Korea. Iran. Syria.>>  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

[[Page 134 STAT. 1721]]

military plays a decisive role: <<NOTE: Certification. Reports.>>   
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 <<NOTE: Notification.>>  
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) <<NOTE: Determination. Reports. Consultation. Notific
                ation.>>  Embassy security.--Funds appropriated under 
                the headings ``Diplomatic Programs'', including for 
                Worldwide Security Protection, ``Embassy Security, 
                Construction, and Maintenance'', and ``Emergencies in 
                the Diplomatic and Consular Service'' in this Act may be 
                transferred to, and merged with, funds appropriated 
                under such headings if the Secretary of State determines 
                and reports to the Committees on Appropriations that to 
                do so is necessary to implement the recommendations of 
                the Benghazi Accountability Review Board, for emergency 
                evacuations, or to prevent or respond to security 
                situations and requirements, following consultation 
                with, and subject to the regular notification procedures 
                of, such Committees:  Provided, That such transfer 
                authority is in addition to any transfer authority 
                otherwise available in this Act and under any other 
                provision of law.
            (2) United states agency for global media.--Not to exceed 5 
        percent of any appropriation made available for the current 
        fiscal year for the United States Agency for Global Media under 
        title I of this Act may be transferred between, and merged with, 
        such appropriations, but no such appropriation, except as 
        otherwise specifically provided, shall be increased by more than 
        10 percent by any such transfers.
            (3) Treatment as reprogramming.--Any transfer pursuant to 
        this subsection shall be treated as a reprogramming of funds 
        under section 7015 of this Act and shall not be available for 
        obligation or expenditure except in compliance with the 
        procedures set forth in that section.

    (b) Limitation on Transfers of Funds Between Agencies.--
            (1) In general.--None of the funds made available under 
        titles II through V of this Act may be transferred to any 
        department, agency, or instrumentality of the United States

[[Page 134 STAT. 1722]]

        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 <<NOTE: Consultation. Notification.>>  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) <<NOTE: President. Deadline. Consultation. Policy 
justification.>>  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

[[Page 134 STAT. 1723]]

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: <<NOTE: Consultation. Notification.>>   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) <<NOTE: Sexually explicit websites.>>  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

[[Page 134 STAT. 1724]]

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 <<NOTE: Time periods.>>  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

[[Page 134 STAT. 1725]]

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: <<NOTE: Reports.>>   Provided further, That the Secretary of State 
and the Administrator of the United States Agency for International 
Development shall provide a report to the Committees on Appropriations 
not later than October 31, 2021, detailing by account and source year, 
the use of this authority during the previous fiscal year.

            limitation on assistance to countries in default

    Sec. 7012.  No <<NOTE: Time 
period. Loans. President. Determination. Consultation.>>  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) <<NOTE: Deadline.>>  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: <<NOTE: Reports.>>   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.

[[Page 134 STAT. 1726]]

    (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) <<NOTE: Reports.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Regulations. Guidance.>>  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: <<NOTE: Notification.>>   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) <<NOTE: Determination. Reports.>>  Extension of Availability.--
In addition to the authority contained in subsection (a), the original 
period of availability of

[[Page 134 STAT. 1727]]

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) <<NOTE: Deadlines.>>  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;

[[Page 134 STAT. 1728]]

            (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 <<NOTE: President.>>  the 
President shall not enter into any commitment of funds appropriated for 
the purposes of section 23 of the Arms Export Control Act for the 
provision of major defense equipment, other than conventional 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously justified to Congress or 20 
percent in excess of the quantities justified to Congress unless the 
Committees on Appropriations are notified 15 days in advance of such 
commitment:  Provided further, That requirements of this subsection or 
any similar provision of this or any other Act shall not apply to any 
reprogramming for a program, project, or activity for which funds are 
appropriated under titles III through VI of this Act of less than 10 
percent of the amount previously justified to Congress for obligation 
for such program, project, or activity for the current fiscal year:  
Provided further, That any notification submitted pursuant to subsection 
(f) of this section shall include information (if known on the date of 
transmittal of such notification) on the use of notwithstanding 
authority.

    (d) Department of Defense Programs and Funding Notifications.--
            (1) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 1729]]

        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: <<NOTE: Deadline.>>   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.

[[Page 134 STAT. 1730]]

    (h) Other Program Notification Requirement.--
            (1) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Reports. Certifications.>>  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) <<NOTE: Consultation.>>  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 <<NOTE: Classified information. Applicability.>>  such 
notifications may be submitted in classified form, if necessary:  
Provided further, That the consultation

[[Page 134 STAT. 1731]]

requirement of this subsection shall apply to global health security 
programs, to include the Global Health Security Agenda and emergency 
health responses.

    (k) <<NOTE: Time period.>>  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) <<NOTE: Review. Updates. Compliance.>>  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;

[[Page 134 STAT. 1732]]

            (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) <<NOTE: Implementation. Recommenda- tions.>>  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 <<NOTE: President. Determination. Notification. Deadline.>>  the 
President makes a determination not to comply with any provision of this 
Act on constitutional grounds, the head of the relevant Federal agency 
shall notify the Committees on Appropriations in writing within 5 days 
of such determination, the basis for such determination and any 
resulting changes to program or policy.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide any 
financial incentive to any person to undergo sterilizations. None of the 
funds made available to carry out part I of the Foreign Assistance Act 
of 1961, as amended, may be used to pay for any biomedical research 
which relates in whole or in part, to methods of, or the performance of, 
abortions or involuntary sterilization as a means of family planning. 
None <<NOTE: President. Certification.>>  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

[[Page 134 STAT. 1733]]

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 <<NOTE: Consultation.>>  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) <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 1734]]

                           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) <<NOTE: President. Determinations.>>  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)): <<NOTE: President. Determinations.>>   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 <<NOTE: Termination date.>>  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) <<NOTE: Estimate.>>  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 <<NOTE: Federal Register, 
        publication. Deadline. Notification.>>  the President shall 
        publish each such waiver in the Federal Register and, at least 
        15 days before

[[Page 134 STAT. 1735]]

        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: <<NOTE: Consultation. Reports.>>   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

[[Page 134 STAT. 1736]]

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 <<NOTE: Notification.>>  such prohibition shall not apply to the 
Export-Import Bank if in the judgment of its Board of Directors the 
benefits to industry and employment in the United States are likely to 
outweigh the injury to United States producers of the same, similar, or 
competing commodity, and the Chairman of the Board so notifies the 
Committees on Appropriations:  Provided further, That this subsection 
shall not prohibit--
            (1) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            (2) <<NOTE: President. Determination.>>  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) <<NOTE: President. Determination.>>  activities in a 
        country the President determines is recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.

    (c) <<NOTE: 22 USC 262h note.>>  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.

[[Page 134 STAT. 1737]]

                            separate accounts

    Sec. 7026. (a) <<NOTE: 22 USC 2362 note.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Requirement.>>  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

[[Page 134 STAT. 1738]]

        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) <<NOTE: Time period. President.>>  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) <<NOTE: Notification.>>  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'': <<NOTE: President. Notification.>>   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 <<NOTE: Abortion. Sterilization.>>  
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 <<NOTE: Notification.>>  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.

[[Page 134 STAT. 1739]]

                            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) <<NOTE: Assessment.>>  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) <<NOTE: Public information.>>  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 134 STAT. 1740]]

            (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) <<NOTE: Human rights.>>  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: <<NOTE: Consultation.>>   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,

[[Page 134 STAT. 1741]]

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: <<NOTE: Reports.>>   
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) <<NOTE: China.>>  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 <<NOTE: Consultation.>>  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,

[[Page 134 STAT. 1742]]

        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 <<NOTE: Applicability.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Updates.>>  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) <<NOTE: Public information. Web posting.>>  
        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

[[Page 134 STAT. 1743]]

        improve budget transparency and to support civil society 
        organizations in such countries that promote budget 
        transparency.

    (c) <<NOTE: 8 USC 1182 note.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time periods. Termination date. Classified 
        information. List.>>  Report.--Not later than 30 days after 
        enactment of this Act, and every 90 days thereafter until 
        September 30, 2021, the Secretary of State shall submit a 
        report, including a classified annex if necessary, to the 
        appropriate congressional committees and the Committees on the 
        Judiciary describing the information related to corruption or 
        violation of human rights concerning each of the individuals 
        found ineligible in the previous 12 months pursuant to paragraph 
        (1)(A) as well as the individuals who the Secretary designated 
        or identified pursuant to paragraph (1)(B), or who would be 
        ineligible but for the application of paragraph (2), a list of 
        any waivers provided under paragraph (3), and the justification 
        for each waiver.
            (5) Posting of report.--Any unclassified portion of the 
        report required under paragraph (4) shall be posted on the 
        Department of State website.
            (6) Clarification.--For purposes of paragraphs (1), (4), and 
        (5), the records of the Department of State and of diplomatic 
        and consular offices of the United States pertaining to the 
        issuance or refusal of visas or permits to enter the United 
        States shall not be considered confidential.

    (d) Extraction of Natural Resources.--
            (1) Assistance.--Funds appropriated by this Act shall be 
        made available to promote and support transparency and 
        accountability of expenditures and revenues related to the

[[Page 134 STAT. 1744]]

        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.--

[[Page 134 STAT. 1745]]

            (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: <<NOTE: Coordination. Reports. Compliance.>>   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

[[Page 134 STAT. 1746]]

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: <<NOTE: Consultation. Notification.>>   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 <<NOTE: Consultations.>>  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) <<NOTE: Extension.>>  Designation of Non-State Actors.--Section 
7033(e) of the Department of State, Foreign Operations, and Related 
Programs

[[Page 134 STAT. 1747]]

Appropriations Act, 2017 (division J of Public Law 115-31) shall 
continue in effect during fiscal year 2021.

                           special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated in title III of this Act that are made 
available for victims of war, displaced children, displaced Burmese, and 
to combat trafficking in persons and assist victims of such trafficking, 
may be made available notwithstanding any other provision of law.
    (b) Forensic Assistance.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $15,500,000 shall be 
        made available for forensic anthropology assistance related to 
        the exhumation and identification of victims of war crimes, 
        crimes against humanity, and genocide, including in Central 
        America, which shall be administered by the Assistant Secretary 
        for Democracy, Human Rights, and Labor, Department of State:  
        Provided, That such funds shall be in addition to funds made 
        available by this Act and prior Acts making appropriations for 
        the Department of State, foreign operations, and related 
        programs for assistance for countries.
            (2) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'', not 
        less than $10,000,000 shall be made available for DNA forensic 
        technology programs to combat human trafficking in Central 
        America and Mexico.

    (c) <<NOTE: Recommenda- tions.>>  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: <<NOTE: Notification.>>   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) <<NOTE: Notification.>>  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

[[Page 134 STAT. 1748]]

        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: <<NOTE: Consultation. Notification.>>  
         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: <<NOTE: Consultation. Notification.>>   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: <<NOTE: Deadline. Federal Register, 
        publication.>>   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) <<NOTE: Consultation.>>  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: <<NOTE: Notification.>>   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.

[[Page 134 STAT. 1749]]

    (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) <<NOTE: Compliance.>>  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: <<NOTE: Reports.>>   Provided, That the Secretary 
shall report to the Committees on Appropriations within 15 days of 
withholding funds under this subsection.

    (i) <<NOTE: Deadline.>>  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 <<NOTE: Consultation. Notification.>>  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) <<NOTE: Extension.>>  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) <<NOTE: Applicability. 22 USC 214 note.>>  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) <<NOTE: Applicability. 22 USC 2385 note.>>  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.

[[Page 134 STAT. 1750]]

            (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) <<NOTE: Afghanistan. Notification. Requirements. 22 USC 
        4831 note.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Extension. 8 USC 1715 note.>>  Transfer of 
        balances.--Section 7081(h) of the Department of State, Foreign 
        Operations, and Related Programs Appropriations Act, 2017 
        (division J of Public Law 115-31) shall continue in effect 
        during fiscal year 2021.
            (10) Department of state inspector general waiver 
        authority.--The Inspector General of the Department of State may 
        waive the provisions of subsections (a) through (d) of section 
        824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a 
        case-by-case basis for an annuitant reemployed by the Inspector 
        General on a temporary basis, subject to the same constraints 
        and in the same manner by which the Secretary of State may 
        exercise such waiver authority pursuant to subsection (g) of 
        such section.
            (11) Afghan allies.--Section 602(b)(3)(F) of the Afghan 
        Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--

[[Page 134 STAT. 1751]]

                    (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 <<NOTE: Web 
        posting. Procedures. Guidelines.>>  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 <<NOTE: Oversight.>>  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 <<NOTE: Notification.>>  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: <<NOTE: Records.>>   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) <<NOTE: Jordan.>>  Loans, Consultation, and Notification.--
            (1) <<NOTE: Egypt. Tunisia. Ukraine.>>  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

[[Page 134 STAT. 1752]]

        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: <<NOTE: Fees.>>   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 <<NOTE: North Atlantic Treaty 
        Organization.>>  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: <<NOTE: Deadline. Time period.>>   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: <<NOTE: Determination.>>   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: <<NOTE: Requirement. Time period.>>   Provided further, 
        That repayment in United States dollars of any loan guaranteed

[[Page 134 STAT. 1753]]

        under this paragraph shall be required within a period not to 
        exceed 12 years after the loan agreement is signed:  Provided 
        further, That <<NOTE: Fees. Determination.>>  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) <<NOTE: Definition. Time period. 22 USC 2152i note.>>  
        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) <<NOTE: 8 USC 1182 note.>>  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.

[[Page 134 STAT. 1754]]

            (3) <<NOTE: 22 USC 262h note.>>  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) <<NOTE: 22 USC 2152i note.>>  USAID.--In this Act, the 
        term ``USAID'' means the United States Agency for International 
        Development.
            (7) <<NOTE: 1 USC 1 note.>>  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

[[Page 134 STAT. 1755]]

        other terrorist organizations: <<NOTE: Iraq.>>   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: <<NOTE: Consultation. Notification.>>   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'': <<NOTE: Applicability. Determination.>>   
                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) <<NOTE: Consultation.>>  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) <<NOTE: Transfer authority. Notification.>>  Global 
        security contingency fund.--Notwithstanding any other provision 
        of this Act, up to $7,500,000

[[Page 134 STAT. 1756]]

        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 <<NOTE: Consultation. Deadline.>>  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) <<NOTE: Extension.>>  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) <<NOTE: Notification. President. Determination.>>  
        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.

[[Page 134 STAT. 1757]]

            (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) <<NOTE: Definition. Determination. Reports.>>  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) <<NOTE: List.>>  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 <<NOTE: Effective date.>>  such requirement 
                regarding a written agreement shall take effect not 
                later than December 31, 2021.
                    (B) <<NOTE: Deadline. Timeline.>>  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 <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1758]]

                    (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) <<NOTE: Classified information. Appendices.>>  
        Congressional budget justifications.--Of the funds realized 
        pursuant to section 21(e)(1)(A) of the Arms Export Control Act 
        and made available for obligation for expenses incurred by the 
        Department of Defense, Defense Security Cooperation Agency 
        (DSCA) during fiscal year 2021 pursuant to section 43(b) of the 
        Arms Export Control Act (22 U.S.C. 2792(b)), $25,000,000 shall 
        be withheld from obligation until the DSCA, jointly with the 
        Department of State, submits to the Committees on Appropriations 
        the congressional budget justification for funds requested under 
        the heading ``Foreign Military Financing Program'' for fiscal 
        years 2021 and 2022, including the accompanying classified 
        appendices.
            (4) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 1759]]

        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) <<NOTE: Determination. Certification.>>  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;

[[Page 134 STAT. 1760]]

                    (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) <<NOTE: President. Determination.>>  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) <<NOTE: Deadline. Certification. Procedures. Records. Review.>>  
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) <<NOTE: Terrorism. Determinations.>>  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: <<NOTE: Termination.>>   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.

[[Page 134 STAT. 1761]]

    (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) <<NOTE: Determination.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Audits.>>  Oversight by the United States Agency for 
International Development.--
            (1) <<NOTE: Contracts. Grants. Deadline.>>  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) <<NOTE: Investigations.>>  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) <<NOTE: Investigation. Time period.>>  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) <<NOTE: Compliance.>>  the extent to which such Program 
        complies with the requirements of subsections (b) and (c); and
            (2) <<NOTE: Examination.>>  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) <<NOTE: President.>>  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

[[Page 134 STAT. 1762]]

or expended with respect to providing funds to the Palestinian 
Authority.

    (b) <<NOTE: Certification.>>  Waiver.--The prohibition included in 
subsection (a) shall not apply if the President certifies in writing to 
the Speaker of the House of Representatives, the President pro tempore 
of the Senate, and the Committees on Appropriations that waiving such 
prohibition is important to the national security interest of the United 
States.

    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed:  
Provided, That the report shall also detail the steps the Palestinian 
Authority has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.
    (e) <<NOTE: Reports.>>  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) <<NOTE: Certification. Reports. Compliance.>>  
        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) <<NOTE: Reports. Time period. Compliance.>>  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

[[Page 134 STAT. 1763]]

        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: <<NOTE: Certification. Reports.>>   
        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 <<NOTE: Consultation. Notification.>>  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: <<NOTE: Certification. Reports. Human 
                rights.>>   Provided further, That $225,000,000 of such 
                funds shall be withheld from obligation until the 
                Secretary of State certifies and reports to

[[Page 134 STAT. 1764]]

                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) <<NOTE: Determination. Reports.>>  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) <<NOTE: Determination. Reports. Political 
                prisoners.>>  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) <<NOTE: April Corley.>>  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: <<NOTE: Reports. Time 
        period. Termination date.>>   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.--

[[Page 134 STAT. 1765]]

            (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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation. Notification.>>  United states 
        consulate general basrah.--Any change in the status of 
        operations at United States Consulate General Basrah, including 
        the return of Consulate property located adjacent to the Basrah 
        International Airport to the Government of Iraq, shall be 
        subject to prior consultation with the appropriate congressional 
        committees and the regular notification procedures of the 
        Committees on Appropriations.
            (3) Basing rights agreement.--None of the funds appropriated 
        or otherwise made available by this Act may be used by the 
        Government of the United States to enter into a permanent basing 
        rights agreement between the United States and Iraq.

    (d) Jordan.--Of the funds appropriated by this Act under titles III 
and IV, not less than $1,650,000,000 shall be made available for 
assistance for Jordan, of which: not less than $845,100,000 shall be 
made available for budget support for the Government of Jordan; not less 
than $10,000,000 shall be made available for programs and activities for 
which policy justifications and decisions shall be the responsibility of 
the United States Chief of Mission

[[Page 134 STAT. 1766]]

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) <<NOTE: Consultation.>>  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) <<NOTE: Terrorism.>>  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 <<NOTE: Spend plan. Deadline.>>  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: <<NOTE: Notification.>>   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.--

[[Page 134 STAT. 1767]]

            (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: <<NOTE: Applicability.>>  
         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) <<NOTE: Reports.>>  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: <<NOTE: Deadline.>>   
        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

[[Page 134 STAT. 1768]]

        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) <<NOTE: Iran. Terrorism.>>  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) <<NOTE: Russia. Determination.>>  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) <<NOTE: Bashar al-Assad.>>  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) <<NOTE: Waiver authority. Certifications.>>  
                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

[[Page 134 STAT. 1769]]

                                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) <<NOTE: Reports.>>  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) <<NOTE: President. Determinations.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  Any waiver 
                      pursuant to this subparagraph shall be effective 
                      for no more than a period of 6 months at a time 
                      and shall not apply beyond 12 months after the 
                      enactment of this Act.
            (3) Application of taylor force act.--Funds appropriated by 
        this Act under the heading ``Economic Support Fund'' that are 
        made available for assistance for the West Bank and Gaza shall 
        be made available consistent with section 1004(a) of the Taylor 
        Force Act (title X of division S of Public Law 115-141).

[[Page 134 STAT. 1770]]

            (4) <<NOTE: Requirements. Applicability.>>  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) <<NOTE: Determination. Reports.>>  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) <<NOTE: Boko Haram.>>  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) <<NOTE: Lord's Resistance Army. Child soldiers.>>  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) <<NOTE: Ebola.>>  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,

[[Page 134 STAT. 1771]]

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) <<NOTE: Boko Haram.>>  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) <<NOTE: Consultations.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 1772]]

                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), <<NOTE: 22 USC 2395a note.>>  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) <<NOTE: Certifications. Reports. 22 USC 2151 note.>>  
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.--

[[Page 134 STAT. 1773]]

            (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: <<NOTE: Consultation.>>   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 <<NOTE: Refugees.>>  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) <<NOTE: Reports.>>  Funds appropriated under 
                title III of this Act for assistance for Burma that are 
                made available for assistance for the Government of 
                Burma to support the implementation of Nationwide 
                Ceasefire Agreement conferences, committees, and other 
                procedures may only be made available if the Secretary 
                of State reports to the Committees on Appropriations 
                that such conferences, committees, and procedures are 
                directed toward a sustainable peace and the Government 
                of Burma is implementing its commitments under such 
                Agreement.
            (2) International security assistance.--None of the funds 
        appropriated by this Act under the headings ``International 
        Military Education and Training'' and ``Foreign Military 
        Financing Program'' may be made available for assistance for 
        Burma: <<NOTE: Consultations.>>   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) <<NOTE: Human rights. Determination.>>  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

[[Page 134 STAT. 1774]]

        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) <<NOTE: Reports.>>  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).

[[Page 134 STAT. 1775]]

            (2) <<NOTE: Consultation.>>  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: <<NOTE: Transfer authority.>>   Provided further, That 
        such funds appropriated under such headings may be transferred 
        to, and merged with, funds appropriated under such headings:  
        Provided further, That <<NOTE: Notification.>>  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) <<NOTE: China.>>  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) <<NOTE: Consultation. Determination.>>  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) <<NOTE: Determinations. Reports.>>  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: <<NOTE: Waiver authority.>>   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

[[Page 134 STAT. 1776]]

        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: <<NOTE: Applicability.>>   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) <<NOTE: Time period. Notification.>>  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) <<NOTE: Applicability.>>  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).

[[Page 134 STAT. 1777]]

            (4) <<NOTE: Determination. Deadline.>>  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) <<NOTE: Consultation.>>  Clarification.--Funds 
        appropriated by this Act and prior Acts making appropriations 
        for the Department of State, foreign operations, and related 
        programs that are made available for programs in the People's 
        Republic of China may be used to counter the impact of Chinese 
        influence and investments in the Greater Mekong Subregion, 
        following consultation with the Committees on Appropriations.

    (g) Philippines.--None of the funds appropriated by this Act may be 
made available for counternarcotics assistance for the Philippines, 
except for drug demand reduction, maritime law enforcement, or 
transnational interdiction.
    (h) Tibet.--
            (1) Financing of projects in tibet.--The Secretary of the 
        Treasury should instruct the United States executive director of 
        each international financial institution to use the voice and 
        vote of the United States to support financing of projects in 
        Tibet if such projects do not provide incentives for the 
        migration and settlement of non-Tibetans into Tibet or 
        facilitate the transfer of ownership of Tibetan land and natural 
        resources to non-Tibetans, are based on a thorough needs-
        assessment, foster self-sufficiency of the Tibetan people and 
        respect Tibetan culture and traditions, and are subject to 
        effective monitoring.
            (2) Programs for tibetan communities.--(A) Notwithstanding 
        any other provision of law, of the funds appropriated by this 
        Act under the heading ``Economic Support Fund'', not less than 
        $8,000,000 shall be made available to nongovernmental 
        organizations to support activities which preserve cultural 
        traditions and promote sustainable development, education, and 
        environmental conservation in Tibetan communities in the Tibet 
        Autonomous Region and in other Tibetan communities in China.
            (B) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $6,000,000 shall be 
        made available for programs to promote and preserve Tibetan 
        culture and language in the refugee and diaspora Tibetan 
        communities, development, and the resilience of Tibetan 
        communities and the Central Tibetan Administration in India and 
        Nepal, and to assist in the education and development of the 
        next generation of Tibetan leaders from such communities:  
        Provided, That such funds are in addition to amounts made 
        available in subparagraph (A) for programs inside Tibet.
            (C) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $3,000,000 shall be 
        made available for programs to strengthen the capacity of the 
        Central Tibetan Administration:  Provided, That such funds shall 
        be administered by the United States Agency for International 
        Development.

    (i) Vietnam.--Of the funds appropriated under titles III and IV of 
this Act, not less than $169,739,000 shall be made available for 
assistance for Vietnam, of which not less than--

[[Page 134 STAT. 1778]]

            (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 <<NOTE: Grants.>>  
                such assistance to promote the economic empowerment of 
                women shall be made available as grants to Afghan 
                organizations, to the maximum extent practicable;
                    (E) <<NOTE: Priority. Determination.>>  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: <<NOTE: Consultation.>>   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

[[Page 134 STAT. 1779]]

                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) <<NOTE: Reports.>>  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 <<NOTE: Requirements.>>  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

[[Page 134 STAT. 1780]]

                      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) <<NOTE: Applicability.>>  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) <<NOTE: Transfer authority.>>  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: <<NOTE: Notification.>>   Provided, That any such 
                transfer shall be subject to the regular notification 
                procedures of the Committees on Appropriations.
            (4) <<NOTE: Deadlines.>>  Agreement, report, and 
        certification.--Funds appropriated by this Act shall be made 
        available for the following purposes--
                    (A) <<NOTE: President. Records.>>  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) <<NOTE: Deadline. Consultations.>>  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

[[Page 134 STAT. 1781]]

        to the appropriate congressional committees a comprehensive, 
        multi-year strategy for diplomatic and development engagement 
        with the Government of Afghanistan that reflects the agreement 
        between the United States and the Taliban, as well as intra-
        Afghan negotiations:  Provided, That such strategy shall include 
        a component to protect and strengthen women and girl's welfare 
        and rights, including in any intra-Afghan negotiation and during 
        the implementation of any peace agreement:  Provided further, 
        That such strategy shall describe the anticipated United States 
        diplomatic and military presence in Afghanistan over a multi-
        year period and related strategy for mitigating and countering 
        ongoing terrorist threats and violent extremism:  Provided 
        further, That the Secretary of State shall consult with such 
        committees on the parameters of such strategy:  Provided 
        further, That the strategy required by this paragraph shall be 
        submitted in unclassified form, but may be accompanied by a 
        classified annex.
            (6) Basing rights agreement.--None of the funds made 
        available by this Act may be used by the United States 
        Government to enter into a permanent basing rights agreement 
        between the United States and Afghanistan.

    (b) Bangladesh.--Of the funds appropriated under titles III and IV 
of this Act, not less than $198,323,000 shall be made available for 
assistance for Bangladesh, of which--
            (1) not less than $23,500,000 shall be made available to 
        address the needs of communities impacted by refugees from 
        Burma;
            (2) not less than $10,000,000 shall be made available for 
        programs to protect freedom of expression and due process of 
        law; and
            (3) not less than $23,300,000 shall be made available for 
        democracy programs, of which not less than $2,000,000 shall be 
        made available for such programs for the Rohingya community in 
        Bangladesh.

    (c) Nepal.--
            (1) Assistance.--Of the funds appropriated under titles III 
        and IV of this Act, not less than $130,265,000 shall be made 
        available for assistance for Nepal, including for development 
        and democracy programs.
            (2) Foreign military financing program.--Funds appropriated 
        by this Act under the heading ``Foreign Military Financing 
        Program'' shall only be made available for humanitarian and 
        disaster relief and reconstruction activities in Nepal, and in 
        support of international peacekeeping operations:  Provided, 
        That <<NOTE: Certification. Reports. Human rights.>>  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) <<NOTE: Extension.>>  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.

[[Page 134 STAT. 1782]]

            (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) <<NOTE: Reports.>>  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) <<NOTE: Human rights.>>  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

[[Page 134 STAT. 1783]]

        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: <<NOTE: Priority. Aliens.>>   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) <<NOTE: Certification. Reports.>>  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--

[[Page 134 STAT. 1784]]

                          (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: <<NOTE: Notification.>>   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) <<NOTE: Certifications. Reports.>>  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

[[Page 134 STAT. 1785]]

                Secretary of State certifies and reports to the 
                Committees on Appropriations that the Government of 
                Colombia is continuing to implement a national whole-of-
                government counternarcotics strategy designed to reduce 
                by 50 percent cocaine production and coca cultivation 
                levels in Colombia by 2023 and such strategy is not in 
                violation of the 2016 peace accord between the 
                Government of Colombia and the Revolutionary Armed 
                Forces of Colombia.
                    (B) Human rights.--Of the funds appropriated by this 
                Act under the heading ``Foreign Military Financing 
                Program'' and made available for assistance for 
                Colombia, 20 percent may be obligated only after the 
                Secretary of State certifies and reports to the 
                Committees on Appropriations that--
                          (i) the Special Jurisdiction for Peace and 
                      other judicial authorities are taking effective 
                      steps to hold accountable perpetrators of gross 
                      violations of human rights in a manner consistent 
                      with international law, including for command 
                      responsibility, and sentence them to deprivation 
                      of liberty;
                          (ii) the Government of Colombia is taking 
                      effective steps to prevent attacks against human 
                      rights defenders and other civil society 
                      activists, trade unionists, and journalists, and 
                      judicial authorities are prosecuting those 
                      responsible for such attacks;
                          (iii) the Government of Colombia is taking 
                      effective steps to protect Afro-Colombian and 
                      indigenous communities and is respecting their 
                      rights and territory;
                          (iv) senior military officers responsible for 
                      ordering, committing, and covering up cases of 
                      false positives are being held accountable, 
                      including removal from active duty if found guilty 
                      through criminal or disciplinary proceedings; and
                          (v) the Government of Colombia has 
                      investigated and is taking steps to hold 
                      accountable Government officials credibly alleged 
                      to have directed, authorized, or conducted illegal 
                      surveillance of political opponents, government 
                      officials, journalists, and human rights 
                      defenders, including through the use of assets 
                      provided by the United States for combating 
                      counterterrorism and counternarcotics for such 
                      purposes.
            (3) Exceptions.--The limitations of paragraph (2) shall not 
        apply to funds made available for aviation instruction and 
        maintenance, and maritime and riverine security programs.
            (4) Authority.--Aircraft supported by funds appropriated by 
        this Act and prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs and made 
        available for assistance for Colombia may be used to transport 
        personnel and supplies involved in drug eradication and 
        interdiction, including security for such activities, and to 
        provide transport in support of alternative development programs 
        and investigations by civilian judicial authorities.
            (5) Limitation.--None of the funds appropriated by this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs that are

[[Page 134 STAT. 1786]]

        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) <<NOTE: Extension. Applicability.>>  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 <<NOTE: Consultation. Notification.>>  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: <<NOTE: Reports.>>   
        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

[[Page 134 STAT. 1787]]

or national sovereignty of any other Independent State of the former 
Soviet Union, such as those violations included in the Helsinki Final 
Act: <<NOTE: President. Determination.>>   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 <<NOTE: Consultation.>>  
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) <<NOTE: Determination. Reports.>>  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) <<NOTE: Determinations. Reports.>>  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

[[Page 134 STAT. 1788]]

        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 <<NOTE: Waiver authority.>>  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) <<NOTE: Determination. Reports.>>  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) <<NOTE: Determinations. Reports.>>  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: <<NOTE: Web posting. List.>>   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 <<NOTE: Waiver authority.>>  the 
        Secretary may waive the restriction on assistance required by 
        this paragraph if the Secretary determines and reports to the 
        Committees on Appropriations that to do so is in the national 
        interest of the United States, and includes a justification for 
        such interest.
            (2) Limitation.--None of the funds appropriated by this Act 
        may be made available to support the Russian Federation

[[Page 134 STAT. 1789]]

        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) <<NOTE: Reports.>>  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) <<NOTE: Public information. Web posting. Audits.>>  
        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;

[[Page 134 STAT. 1790]]

            (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) <<NOTE: Determinations. Terrorism.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Determination. Reports. Israel.>>  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 <<NOTE: Time period.>>  the Secretary of State shall 
report

[[Page 134 STAT. 1791]]

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) <<NOTE: Reports.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Compliance.>>  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 <<NOTE: Updates.>>  
Secretary shall update such report each time additional funds are 
withheld by operation of any provision of law:  Provided

[[Page 134 STAT. 1792]]

further, That <<NOTE: Consultation. Notification.>>  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) <<NOTE: Determinations.>>  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 <<NOTE: Notifications. Deadline.>>  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) <<NOTE: Notification.>>  Additional Availability.--Subject to 
the regular notification procedures of the Committees on Appropriations, 
funds appropriated by this Act which are returned or not made available 
due to the third proviso under the heading ``Contributions for 
International Peacekeeping Activities'' in title I of this Act or 
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2227(a)), shall remain available for obligation until September 30, 
2022:  Provided, That the requirement to withhold funds for programs in 
Burma under section 307(a) of the Foreign Assistance Act of 1961 shall 
not apply to funds appropriated by this Act.

                          war crimes tribunals

    Sec. 7049. (a) <<NOTE: President. Determination.>>  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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1793]]

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: <<NOTE: Priority.>>   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 <<NOTE: Consultation. Coordination. Assessment.>>  
                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

[[Page 134 STAT. 1794]]

                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) <<NOTE: Coordination. Consultations.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Consultations. Deadline.>>  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

[[Page 134 STAT. 1795]]

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: <<NOTE: Review. Updates.>>   Provided, That the security auditing 
procedures used by such Bureau shall be reviewed and updated 
periodically to reflect current industry security standards.

    (e) <<NOTE: Determination. Reports.>>  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 <<NOTE: Transfer 
authority. Consultation. Notification.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Applicability. Determination. Reports.>>  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

[[Page 134 STAT. 1796]]

is no longer required to meet programmatic purposes in the designated 
country or region: <<NOTE: Consultation. Notification.>>   Provided, 
That any such transfer shall be subject to prior consultation with, and 
the regular notification procedures of, the Committees on 
Appropriations.

    (c) Aircraft Coordination.--
            (1) Authority.--The uses of aircraft purchased or leased by 
        the Department of State and the United States Agency for 
        International Development with funds made available in this Act 
        or prior Acts making appropriations for the Department of State, 
        foreign operations, and related programs shall be coordinated 
        under the authority of the appropriate Chief of Mission:  
        Provided, That notwithstanding section 7063(b) of this Act, such 
        aircraft may be used to transport, on a reimbursable or non-
        reimbursable basis, Federal and non-Federal personnel supporting 
        Department of State and USAID programs and activities:  Provided 
        further, That official travel for other agencies for other 
        purposes may be supported on a reimbursable basis, or without 
        reimbursement when traveling on a space available basis:  
        Provided further, That funds received by the Department of State 
        in connection with the use of aircraft owned, leased, or 
        chartered by the Department of State may be credited to the 
        Working Capital Fund of the Department and shall be available 
        for expenses related to the purchase, lease, maintenance, 
        chartering, or operation of such aircraft.
            (2) <<NOTE: Applicability.>>  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 <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Notification.>>  Limitation.--None of the 
funds appropriated in this Act may be used to provide assistance (other 
than funds

[[Page 134 STAT. 1797]]

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) <<NOTE: Applicability.>>  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) <<NOTE: Certification.>>  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--

[[Page 134 STAT. 1798]]

                    (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) <<NOTE: Transfer authority. Notification.>>  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) <<NOTE: Abortion.>>  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,

[[Page 134 STAT. 1799]]

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: <<NOTE: Deadline. Consultation.>>   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) <<NOTE: Determination. Reports. Transfer authority.>>  
        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) <<NOTE: Coordination.>>  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 <<NOTE: Consultation. Reports.>>  Secretary 
of State, in consultation with the USAID Administrator and the Office of 
Global Partnerships, Department of State, shall submit a report to the 
Committees on Appropriations on the feasibility of such partnerships 
prior to any obligation of funds and not later than 90 days after 
enactment of this Act.

                             gender equality

    Sec. 7059. (a) Women's Empowerment.--
            (1) Gender equality.--Funds appropriated by this Act shall 
        be made available to promote gender equality in United

[[Page 134 STAT. 1800]]

        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): <<NOTE: Consultation.>>   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): <<NOTE: Consultation. Notification.>>   Provided, That such funds 
are in addition to amounts otherwise made available by this Act for such 
purposes, and shall

[[Page 134 STAT. 1801]]

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 <<NOTE: Consultation.>>  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: <<NOTE: Notification.>>   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: <<NOTE: Notification.>>   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: <<NOTE: Deadline. Consultation.>>   
        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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 1802]]

        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) <<NOTE: Notification.>>  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) <<NOTE: Determination. Reports.>>  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.

[[Page 134 STAT. 1803]]

            (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 <<NOTE: Consultation.>>  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: <<NOTE: Consultation.>>   Provided further, That such 
        funds may only be made available following consultation with the 
        Committees on Appropriations.

    (d) Food Security and Agricultural Development.--Of the funds 
appropriated by title III of this Act, not less than $1,010,600,000 
shall be made available for food security and agricultural development 
programs to carry out the purposes of the Global Food Security Act of 
2016 (Public Law 114-195):  Provided, That funds may be made available 
for a contribution as authorized by section 3202 of the Food, 
Conservation, and Energy Act of 2008 (Public Law 110-246), as amended by 
section 3310 of the Agriculture Improvement Act of 2018 (Public Law 115-
334).
    (e) Micro, Small, and Medium-sized Enterprises.--Of the funds 
appropriated by this Act, not less than $265,000,000 shall be made 
available to support the development of, and access to financing for, 
micro, small, and medium-sized enterprises that benefit the poor, 
especially women.
    (f) Programs to Combat Trafficking in Persons.--Of the funds 
appropriated by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central 
Asia'', and ``International Narcotics Control and Law Enforcement'', not 
less than $99,000,000 shall be made available for activities to combat 
trafficking in persons internationally, including for the Program to End 
Modern Slavery, of which not less than $77,000,000 shall be from funds 
made available under the heading ``International Narcotics Control and 
Law Enforcement'':  Provided, That <<NOTE: Coordination.>>  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.

[[Page 134 STAT. 1804]]

    (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: <<NOTE: Consultation. Notification.>>   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) <<NOTE: Deadlines.>>  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: <<NOTE: Notification.>>   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;

[[Page 134 STAT. 1805]]

                    (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: <<NOTE: Appendices.>>   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,

[[Page 134 STAT. 1806]]

        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.

[[Page 134 STAT. 1807]]

                     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'': <<NOTE: Plan update.>>   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 <<NOTE: Consultation. Review. Certification.>>  such funds may not 
be obligated for new, or expansion of existing, ad hoc electronic 
systems to track commitments, obligations, or expenditures of funds 
unless the Secretary of State, following consultation with the Chief 
Information Officer of the Department of State, has reviewed and 
certified that such new system or expansion is consistent with the FADR 
and OIG recommendations: <<NOTE: Deadline. Plan update.>>   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 <<NOTE: Contracts. Fees. Time period. Assessment.>>  
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: <<NOTE: Reimbursement.>>   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) <<NOTE: Reports.>>  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

[[Page 134 STAT. 1808]]

        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) <<NOTE: Timeline.>>  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) <<NOTE: Project proposals. Records.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Reports.>>  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.

[[Page 134 STAT. 1809]]

      united states agency for international development management

    Sec. 7064. (a) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: Expiration date. 22 USC 3948 note. 22 USC 3948 note.>>  
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: <<NOTE: Transfer authority.>>   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) <<NOTE: 22 USC 3948 note.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Contracts. Exception.>>  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

[[Page 134 STAT. 1810]]

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 <<NOTE: Notification.>>  such transfer 
        authority is in addition to any other transfer authority 
        provided by this Act or any other Act, and is subject to the 
        regular notification procedures of the Committees on 
        Appropriations.
            (2) Transitional justice.--Of the funds appropriated by this 
        Act under the headings ``Economic Support Fund'' and 
        ``International Narcotics Control and Law Enforcement'' that are 
        made available for the Prevention and Stabilization Fund, not 
        less than $10,000,000 shall be made available for programs to 
        promote accountability for genocide, crimes against humanity, 
        and war crimes, including in Iraq and Syria, which shall be in 
        addition to any other funds made available by this Act for such 
        purposes:  Provided, That such programs shall include components 
        to develop local investigative and judicial skills, and to 
        collect and preserve evidence and maintain the chain of custody 
        of evidence, including for use in prosecutions, and may include 
        the establishment of, and assistance for, transitional justice 
        mechanisms:  Provided further, That such funds shall be 
        administered by the Special Coordinator for the Office of Global 
        Criminal Justice, Department of State:  Provided further, That 
        funds made available by this paragraph shall be made available 
        on an open and competitive basis.

    (b) Global Fragility Act Implementation.--Funds appropriated by this 
Act shall be made available to implement the Global

[[Page 134 STAT. 1811]]

Fragility Act of 2019 (title V of division J of Public Law 116-94):  
Provided, That <<NOTE: Deadline. Consultation. Spend plan.>>  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: <<NOTE: Cost matching. Notification.>>   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: <<NOTE: Consultation.>>   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 <<NOTE: Transfer authority.>>  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 <<NOTE: Notification.>>  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

[[Page 134 STAT. 1812]]

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) <<NOTE: President. Time period.>>  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) <<NOTE: Applicability. 22 USC 214 note.>>  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) <<NOTE: Ante, p. 592.>>  is amended by striking ``fiscal 
year 2020'' and inserting ``fiscal years 2020 and 2021''.

    (c) <<NOTE: Transfer 
authority. Determination. Reports. Consultation.>>  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.

[[Page 134 STAT. 1813]]

                           protective services

    Sec. 7070.  Of <<NOTE: Consultation. Determination. Reports.>>  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: <<NOTE: Time periods. Extension. Determination.>>   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 <<NOTE: Time period. Reports.>>  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 <<NOTE: Definition.>>  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

[[Page 134 STAT. 1814]]

        Assistance Appropriations Act, 2017 (division B of Public Law 
        114-254), $360,123,000 are rescinded.
            (2) Peacekeeping operations.--Of the unobligated balances 
        from amounts made available under the heading ``Peacekeeping 
        Operations'' from prior Acts making appropriations for the 
        Department of State, foreign operations, and related programs 
        and designated by the Congress for Overseas Contingency 
        Operations/Global War on Terrorism pursuant to section 
        251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985, $40,000,000 are rescinded.
            (3) Foreign military financing program.--Of the unobligated 
        balances from amounts made available under the heading ``Foreign 
        Military Financing Program'' from prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs and designated by the Congress for Overseas 
        Contingency Operations/Global War on Terrorism pursuant to 
        section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985, $25,000,000 are rescinded.
            (4) Designation.--For the purposes of this subsection, funds 
        that were previously designated by the Congress for Overseas 
        Contingency Operations/Global War on Terrorism pursuant to 
        section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 are designated by the Congress for 
        Overseas Contingency Operations/Global War on Terrorism pursuant 
        to section 251(b)(2)(A)(ii) of such Act.

    (b) Additional Rescissions.--
            (1) Economic support fund.--Of the unobligated balances from 
        amounts made available under the heading ``Economic Support 
        Fund'' from prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs, $75,000,000 
        are rescinded.
            (2) Peace corps.--Of the unobligated balances from amounts 
        made available under the heading ``Peace Corps'' from prior Acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs, $30,000,000 are rescinded.
            (3) International narcotics control and law enforcement.--Of 
        the unobligated balances from amounts made available under the 
        heading ``International Narcotics Control and Law Enforcement'' 
        from prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs, $50,411,000 are 
        rescinded.
            (4) Limitation.--For the purposes of this subsection, no 
        amounts may be rescinded from amounts that were designated by 
        Congress as an emergency requirement or for Overseas Contingency 
        Operations/Global War on Terrorism pursuant to a concurrent 
        resolution on the budget or the Balanced Budget and Emergency 
        Deficit Control Act of 1985.

[[Page 134 STAT. 1815]]

   TITLE VIII <<NOTE: Nita M. Lowey Middle East Partnership for Peace 
Act of 2020.>> 

       NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020

                               short title

    Sec. 8001.  This <<NOTE: 22 USC 2346d note.>>  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,

[[Page 134 STAT. 1816]]

        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 <<NOTE: 22 USC 2346d.>>  PEOPLE-TO-PEOPLE PARTNERSHIP 
                          FOR PEACE FUND.

    ``(a) <<NOTE: Effective date.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Appointments. Time period.>>  Membership.--

[[Page 134 STAT. 1817]]

                    ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 1818]]

in this section as the ``Initiative'') and shall be subject to all 
existing terms, conditions, restrictions, oversight requirements, and 
applicable provisions of law, including the Better Utilization of 
Investments Leading to Development Act of 2018 (22 U.S.C. 9611 et seq), 
including through strict adherence to the less-developed country focus 
under section 1412(c) of such Act.

    (b) Participation Requirement.--In carrying out the Initiative, the 
Chief Executive Officer shall ensure participation by small and medium-
sized enterprises owned by Palestinians, which may include the 
technology sector, the agriculture sector, and other high value-added or 
emerging industries.
    (c) Priority.--In carrying out the Initiative, the Chief Executive 
Officer shall prioritize support to projects that increase economic 
cooperation between Israelis and Palestinians.
    (d) Use of Existing Authorities.--In carrying out the Initiative, 
the Chief Executive Officer shall utilize the authorities under section 
1421 of the Better Utilization of Investments Leading to Development Act 
of 2018 (22 U.S.C. 9621), including to--
            (1) select a manager of the Initiative;
            (2) oversee and direct the operation of the Initiative 
        consistent with such Act and other provisions of law;
            (3) provide the Initiative with loans, guaranties, equity, 
        and insurance, as appropriate, to enable the Initiative to 
        attract private investment;
            (4) support the private sector in entering into joint 
        ventures between Palestinian and Israeli entities; and
            (5) carry out the purposes of the Initiative consistent with 
        the provisions of this section and other applicable provisions 
        of law.

    (e) Annual Report.--
            (1) <<NOTE: Termination date.>>  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) <<NOTE: Assessment.>>  To the extent 
                practicable, an assessment of the sustainability of 
                commercial endeavors that receive support from the 
                Initiative.

[[Page 134 STAT. 1819]]

                    (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) <<NOTE: Terrorism.>>  assistance for--
                    (A) <<NOTE: Determination.>>  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) <<NOTE: Compliance.>>  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

[[Page 134 STAT. 1820]]

        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) <<NOTE: Deadline. Coordination.>>  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.

[[Page 134 STAT. 1821]]

    (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) <<NOTE: Time period.>>  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: <<NOTE: Determination. Deadline. 28 USC 1605A note.>>   
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

[[Page 134 STAT. 1822]]

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: <<NOTE: Transfer authority.>>   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: <<NOTE: Determination.>>   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 <<NOTE: Consultation.>>  prior to the 
initial obligation of funds appropriated under this heading in this 
title, the Secretary of State shall consult with the Committees on 
Appropriations:  Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                       Department of the Treasury

                           debt restructuring

    For an additional amount for ``Debt Restructuring'', $120,000,000, 
to remain available until expended, which may be used, notwithstanding 
any other provision of law, for payment by the Secretary of the Treasury 
to the International Monetary Fund for Heavily Indebted Poor Countries 
debt relief for Sudan:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Each amount appropriated or made available by this title 
is in addition to amounts otherwise appropriated for fiscal year 2021.
    Sec. 9002.  Notwithstanding section 7034(q)(7) of this division of 
this Act, the additional amounts appropriated by this title to 
appropriations accounts shall be available under the authorities and 
conditions applicable to such appropriations accounts for funds 
appropriated in fiscal year 2021, unless otherwise directed by this 
title.
    Sec. 9003.  Notwithstanding <<NOTE: Extension. Time period.>>  the 
limitations in sections 609(i) and 609(j) of the Millennium Challenge 
Act of 2003 (2211 U.S.C.

[[Page 134 STAT. 1823]]

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: <<NOTE: Notification.>>   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, <<NOTE: Transportation, Housing and Urban 
 Development, and Related Agencies Appropriations Act, 2021. Department 
    of Transportation Appropriations Act, 2021.>>  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: <<NOTE: Transfer authority.>>   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: <<NOTE: Notice. Funding approval.>>   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.

[[Page 134 STAT. 1824]]

                         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 <<NOTE: Continuation. 49 USC 112 note.>>  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 <<NOTE: Distribution. Grants.>>  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 <<NOTE: Definition. Time period.>>  ``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

[[Page 134 STAT. 1825]]

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 <<NOTE: Priority.>>  the Secretary shall give priority to projects 
that require a contribution of Federal funds in order to complete an 
overall financing package: <<NOTE: Urban and rural areas.>>   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 <<NOTE: Urban and rural areas.>>  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: <<NOTE: Compliance.>>   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 <<NOTE: Notice. Deadline.>>  the Secretary shall issue the Notice 
of Funding Opportunity no later than 120 days after enactment of this 
Act: <<NOTE: Requirement. Deadline. Publication. Grants. Deadline. Determ
ination.>>   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

[[Page 134 STAT. 1826]]

submitted under the previous two provisos, the Secretary shall make 
grants no later than 330 days after enactment of this Act in such 
amounts that the Secretary determines.

      national surface transportation and innovative finance bureau

    For necessary expenses of the National Surface Transportation and 
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, to 
remain available until expended: <<NOTE: Fees.>>   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 <<NOTE: Loans.>>  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

[[Page 134 STAT. 1827]]

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 <<NOTE: Analysis. Review.>>  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 <<NOTE: Assessments. Notification.>>  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 <<NOTE: Determination.>>  in determining between or among 
carriers competing to provide service to a community, the Secretary may 
consider the relative subsidy requirements of

[[Page 134 STAT. 1828]]

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: <<NOTE: Reimbursement.>>   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: <<NOTE: Distribution. Grants.>>   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: <<NOTE: Notice. Deadline.>>   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 <<NOTE: Assessments. Contracts.>>  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 <<NOTE: Web posting. Records.>>  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 <<NOTE: Transit benefits.>>  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

[[Page 134 STAT. 1829]]

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: <<NOTE: Reimbursement.>>   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 <<NOTE: Advance approval.>>  of the funds in this 
Act may be obligated or expended for retention or senior executive 
bonuses for an employee of the Department of Transportation without the 
prior written approval of the Assistant Secretary for Administration.

    Sec. 107.  In addition to authority provided by section 327 of title 
49, United States Code, the Department's Administrative Working Capital 
Fund is hereby authorized to transfer information technology equipment, 
software, and systems from Departmental sources or other entities and 
collect and maintain a reserve at rates which will return full cost of 
transferred assets.
    Sec. 108.  None <<NOTE: Time period. Notification.>>  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.

[[Page 134 STAT. 1830]]

                     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 <<NOTE: Transfer authority.>>  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: <<NOTE: Deadline. Updates. 49 USC 
44506 note.>>   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 <<NOTE: Late 
penalties. Deadline.>>  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: <<NOTE: Reports. 49 USC 44502 note.>>   
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 <<NOTE: Late 
penalties. Deadline.>>  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

[[Page 134 STAT. 1831]]

has not been submitted to 
Congress: <<NOTE: Grants. Contracts. Nonprofit.>>   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: <<NOTE: Fees.>>   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: <<NOTE: Deadline. Investment plan. Time period.>>   Provided 
further, That not later than 60 days

[[Page 134 STAT. 1832]]

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): <<NOTE: Transfer 
authority.>>   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,

[[Page 134 STAT. 1833]]

including those related to airport operating certificates under section 
44706 of title 49, United States Code, $3,350,000,000, to be derived 
from the Airport and Airway Trust Fund and to remain available until 
expended:  Provided, That none of the amounts made available under this 
heading shall be available for the planning or execution of programs the 
obligations for which are in excess of $3,350,000,000, in fiscal year 
2021, notwithstanding section 47117(g) of title 49, United States Code:  
Provided further, That none of the amounts made available under this 
heading shall be available for the replacement of baggage conveyor 
systems, reconfiguration of terminal baggage areas, or other airport 
improvements that are necessary to install bulk explosive detection 
systems:  Provided further, That notwithstanding section 47109(a) of 
title 49, United States Code, the Government's share of allowable 
project costs under paragraph (2) of such section for subgrants or 
paragraph (3) of such section shall be 95 percent for a project at other 
than a large or medium hub airport that is a successive phase of a 
multi-phased construction project for which the project sponsor received 
a grant in fiscal year 2011 for the construction project:  Provided 
further, That notwithstanding any other provision of law, of amounts 
limited under this heading, not more than $119,402,000 shall be 
available for administration, not less than $15,000,000 shall be 
available for the Airport Cooperative Research Program, not less than 
$40,666,000 shall be available for Airport Technology Research, and 
$10,000,000, to remain available until expended, shall be available and 
transferred to ``Office of the Secretary, Salaries and Expenses'' to 
carry out the Small Community Air Service Development 
Program: <<NOTE: Request for proposals.>>   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: <<NOTE: Distribution.>>   
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

[[Page 134 STAT. 1834]]

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 <<NOTE: Reimbursement.>>  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 <<NOTE: Fees. Reports.>>  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.

[[Page 134 STAT. 1835]]

    Sec. 119.  None <<NOTE: Notification. Deadline.>>  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 <<NOTE: New Jersey.>>  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 <<NOTE: Determination.>>  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 <<NOTE: 23 USC 104 note.>>  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

[[Page 134 STAT. 1836]]

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: <<NOTE: Applicability.>>   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 <<NOTE: Definition.>>  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 <<NOTE: Suballocations.>>  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

[[Page 134 STAT. 1837]]

title shall not apply to funds made available under this heading, in 
paragraph (1) of the fourth proviso:  Provided further, That the funds 
made available under this heading, in paragraphs (1), (5), (7), and (8) 
of the fourth proviso, shall be administered as if apportioned under 
chapter 1 of such title: <<NOTE: Apportionment.>>   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: <<NOTE: Grants.>>   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: <<NOTE: Definition.>>   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, <<NOTE: Distribution.>>  
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

[[Page 134 STAT. 1838]]

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: <<NOTE: Definition.>>   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 <<NOTE: Apportionment.>>  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: <<NOTE: Apportionments.>>   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 <<NOTE: Consultation.>>  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: <<NOTE: Time period.>>   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

[[Page 134 STAT. 1839]]

(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) <<NOTE: 23 USC 104 note.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 1840]]

        title 23, United States Code (other than the amounts apportioned 
        for the National Highway Performance Program in section 119 of 
        title 23, United States Code, that are exempt from the 
        limitation under subsection (b)(12) and the amounts apportioned 
        under sections 202 and 204 of that title) in the proportion 
        that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for such fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned under 
                title 23, United States Code, to all States for such 
                fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation 
limitation for Federal-aid highways shall not apply to obligations under 
or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance Act 
        of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an amount 
        equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity Act 
        for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an amount 
        equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation; and
            (12) section 119 of title 23, United States Code (but, for 
        each of fiscal years 2013 through 2021, only in an amount equal 
        to $639,000,000).

    (c) <<NOTE: Effective date.>>  Redistribution of Unused Obligation 
Authority.--Notwithstanding subsection (a), the Secretary shall, after 
August 1 of such fiscal year--
            (1) <<NOTE: Revision.>>  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) <<NOTE: Priority.>>  redistribute sufficient amounts to 
        those States able to obligate amounts in addition to those 
        previously distributed

[[Page 134 STAT. 1841]]

        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) <<NOTE: Time periods.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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 <<NOTE: Reimbursement.>>  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 <<NOTE: Deadline. Waiver authority. Public 
information. Notice. 23 USC 313 note.>>  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 <<NOTE: Reports.>>  Secretary shall provide an 
annual report to the House and Senate Committees on Appropriations on 
any waivers granted under the Buy America requirements.

[[Page 134 STAT. 1842]]

    Sec. 123.  None <<NOTE: Deadlines. Notification. Evaluation.>>  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: <<NOTE: Notification. Reports.>>   
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. <<NOTE: Time 
period.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period. Applicability. Certifications.>>  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) <<NOTE: Reports.>>  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 <<NOTE: Adjudication. Waivers.>>  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.

[[Page 134 STAT. 1843]]

               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:

[[Page 134 STAT. 1844]]

            (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 <<NOTE: Study.>>  of the unobligated amounts 
provided for Motor Carrier Safety Grants in the Transportation Equity 
Act for the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law 
109-59), the FAST Act (Public Law 114-94) or other appropriation or 
authorization acts prior to fiscal year 2021, $30,000,000 in additional 
obligation limitation, shall be transferred and made available for a 
study of the cause of large truck crashes and shall remain available 
until expended:  Provided further, That the activities funded by the 
previous proviso may be accomplished through direct expenditure, direct 
research activities, grants, cooperative agreements, contracts, intra or 
interagency agreements, or other agreements with public organizations:  
Provided further, That such amounts, payments, and obligation limitation 
as may be necessary to carry out the study of the cause of large truck 
crashes may be transferred and credited to appropriate accounts of other 
participating Federal agencies:  Provided further, That $30,000,000 for 
payment of obligations incurred in carrying out this section shall be 
derived from the Highway Trust Fund (other than the Mass Transit 
Account), to be available until expended.

 administrative provisions--federal motor carrier safety administration

    Sec. 130.  The <<NOTE: Notice. Mail.>>  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 <<NOTE: Regulations. 49 USC 31142 note.>>  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

[[Page 134 STAT. 1845]]

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.

[[Page 134 STAT. 1846]]

                      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 <<NOTE: Notification. Deadline.>>  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.

[[Page 134 STAT. 1847]]

    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

[[Page 134 STAT. 1848]]

available until expended:  Provided, That of the amounts made available 
under this heading--
            (1) not less than $75,000,000 shall be for projects eligible 
        under section 22907(c)(2) of title 49, United States Code, that 
        support the development of new intercity passenger rail service 
        routes including alignments for existing routes:  Provided, That 
        the Secretary shall give preference for pre-construction 
        elements including preliminary engineering and final design of 
        such projects; and
            (2) not less than $25,000,000 shall be for capital projects 
        and engineering solutions targeting trespassing:  Provided, That 
        the Secretary shall give preference for such projects that are 
        located in counties with the most pedestrian trespasser 
        casualties as identified in the Federal Railroad 
        Administration's National Strategy to Prevent Trespassing on 
        Railroad Property:

Provided further, That section 22905(f) of title 49, United States Code, 
shall not apply to projects for the implementation of positive train 
control systems otherwise eligible under section 22907(c)(1) of title 
49, United States Code:  Provided further, That amounts made available 
under this heading for projects selected for commuter rail passenger 
transportation may be transferred by the Secretary, after selection, to 
the appropriate agencies to be administered in accordance with chapter 
53 of title 49, United States Code:  Provided further, That the 
Secretary shall not limit eligible projects from consideration for 
funding for planning, engineering, environmental, construction, and 
design elements of the same project in the same application:  Provided 
further, That for amounts available under this heading eligible 
recipients under section 22907(b) of title 49, United States Code, shall 
include any holding company of a Class II railroad or Class III railroad 
(as those terms are defined in section 20102 of title 49, United States 
Code):  Provided further, That <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1849]]

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

[[Page 134 STAT. 1850]]

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 <<NOTE: Waiver authority. Determination.>>  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: <<NOTE: Reports. Summary. Time 
period.>>   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) <<NOTE: 133 Stat. 418.>>  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) <<NOTE: 133 Stat. 2958.>>  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;

[[Page 134 STAT. 1851]]

            (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 <<NOTE: Reports.>>  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

[[Page 134 STAT. 1852]]

of obligations incurred in carrying out the provisions of 49 U.S.C. 
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 
and 5340, as amended by the Fixing America's Surface Transportation Act, 
section 20005(b) of Public Law 112-141, and section 3006(b) of the 
Fixing America's Surface Transportation Act, $10,800,000,000, to be 
derived from the Mass Transit Account of the Highway Trust Fund and to 
remain available until expended:  Provided, That funds available for the 
implementation or execution of programs authorized under 49 U.S.C. 5305, 
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 
5340, as amended by the Fixing America's Surface Transportation Act, 
section 20005(b) of Public Law 112-141, and section 3006(b) of the 
Fixing America's Surface Transportation Act, shall not exceed total 
obligations of $10,150,348,462 in fiscal year 2021:  Provided further, 
That the Federal share of the cost of activities carried out under 49 
U.S.C. section 5312 shall not exceed 80 percent, except that if there is 
substantial public interest or benefit, the Secretary may approve a 
greater Federal share.

                      transit infrastructure grants

    For an additional amount for buses and bus facilities grants under 
section 5339 of title 49, United States Code, low or no emission grants 
under section 5339(c) of such title, formula grants to rural areas under 
section 5311 of such title, high density state apportionments under 
section 5340(d) of such title, state of good repair grants under section 
5337 of such title, ferry boats grants under section 5307(h) of such 
title, bus testing facilities under section 5318 of such title, grants 
to areas of persistent poverty, innovative mobility solutions grants 
under section 5312 of such title, and accelerating innovative mobility 
initiative grants under section 5312 such title, $516,220,000, to remain 
available until expended:  Provided, That of the sums provided under 
this heading--
            (1) $243,000,000 shall be available for the buses and bus 
        facilities grants as authorized under section 5339 of such 
        title, of which $118,000,000 shall be available for the buses 
        and bus facilities formula grants as authorized under section 
        5339(a) of such title, and $125,000,000 shall be available for 
        buses and bus facilities competitive grants as authorized under 
        section 5339(b) of such title;
            (2) $125,000,000 shall be available for the low or no 
        emission grants as authorized under section 5339(c) of such 
        title:  Provided, That the minimum grant award shall be not less 
        than $750,000;
            (3) $40,000,000 shall be available for formula grants for 
        rural areas as authorized under section 5311 of such title;
            (4) $40,000,000 shall be available for the high density 
        state apportionments as authorized under section 5340(d) of such 
        title;
            (5) $40,000,000 shall be available for state of good repair 
        grants as authorized under section 5337 of such title;
            (6) $8,000,000 shall be available for ferry boat grants as 
        authorized under section 5307(h) of such title:  Provided, That 
        of the amounts provided under this subparagraph, $4,000,000 
        shall only be available for low or zero-emission ferries or 
        ferries using electric battery or fuel cell components and the 
        infrastructure to support such ferries;

[[Page 134 STAT. 1853]]

            (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 <<NOTE: Definition.>>  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: <<NOTE: Plans.>>   
        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 <<NOTE: Evaluation.>>  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:

[[Page 134 STAT. 1854]]

  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: <<NOTE: Continuation.>>   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,

[[Page 134 STAT. 1855]]

That the Secretary <<NOTE: Determination.>>  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: <<NOTE: Waiver authority.>>   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 <<NOTE: Transfer authority.>>  any other 
provision of law, any funds appropriated before October 1, 2020, under 
any section of chapter 53 of title 49, United States Code, that remain 
available for expenditure, may be transferred to and administered under 
the most recent appropriation heading for any such section.

    Sec. 163.  None of the funds made available by this Act or any other 
Act shall be used to adjust apportionments or withhold funds from 
apportionments pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 (26 U.S.C. 9503(e)(4)).
    Sec. 164.  An eligible recipient of a grant under section 5339(c) 
may submit an application in partnership with other entities, including 
a transit vehicle manufacturer, that intend to participate in the 
implementation of a project under section 5339(c) of title 49, United 
States Code, and a project awarded with such partnership shall be 
treated as satisfying the requirement for a competitive procurement 
under section 5325(a) of title 49, United States Code, for the named 
entity.
    Sec. 165.  None of the funds made available by this Act or any other 
Act shall be used to impede or hinder project advancement or approval 
for any project seeking a Federal contribution from the capital 
investment grant program of greater than 40 percent of project costs as 
authorized under section 5309 of title 49, United States Code.
    Sec. 166.  None of the funds made available in this Act may be used 
by the Department of Transportation to implement any policy that 
requires a capital investment grant project to receive a medium or 
higher project rating before taking actions to finalize an environmental 
impact statement.
    Sec. 167.  Of the unobligated amounts made available for prior 
fiscal years to Formula Grants in Treasury Account 69-X-1129, a total of 
$1,606,849 are hereby permanently rescinded:  Provided,

[[Page 134 STAT. 1856]]

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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1857]]

$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 <<NOTE: Reports. Sexual assault.>>  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

[[Page 134 STAT. 1858]]

        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: <<NOTE: Distribution. Grants.>>   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

[[Page 134 STAT. 1859]]

district with a transportation function, a multistate or 
multijurisdictional group of entities, or a lead entity described above 
jointly with a private entity or group of private entities:  Provided 
further, That projects eligible for amounts made available under this 
heading shall be designed to improve the safety, efficiency, or 
reliability of the movement of goods into, out of, around, or within a 
port and located--
            (1) within the boundary of a port; or
            (2) outside the boundary of a port, and directly related to 
        port operations, or to an intermodal connection to a port:

  Provided further, That project awards eligible under this heading 
shall be only for--
            (1) port gate improvements;
            (2) road improvements both within and connecting to the 
        port;
            (3) rail improvements both within and connecting to the 
        port;
            (4) berth improvements (including docks, wharves, piers and 
        dredging incidental to the improvement project);
            (5) fixed landside improvements in support of cargo 
        operations (such as silos, elevators, conveyors, container 
        terminals, Ro/Ro structures including parking garages necessary 
        for intermodal freight transfer, warehouses including 
        refrigerated facilities, lay-down areas, transit sheds, and 
        other such facilities);
            (6) utilities necessary for safe operations (including 
        lighting, stormwater, and other such improvements that are 
        incidental to a larger infrastructure project); or
            (7) a combination of activities described above:

Provided further, That the Federal share of the costs for which an 
amount is provided under this heading shall be up to 80 percent:  
Provided further, That for grants awarded under this heading, the 
minimum grant size shall be $1,000,000:  Provided further, That 
for <<NOTE: Priority.>>  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.

[[Page 134 STAT. 1860]]

         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: <<NOTE: Notification. Deadline.>>   
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: <<NOTE: Research 
plan. Approval.>>   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.

[[Page 134 STAT. 1861]]

                      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.

[[Page 134 STAT. 1862]]

            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. 
<<NOTE: Loans. Contracts. Grants. Notification. Deadline.>> 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

[[Page 134 STAT. 1863]]

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 <<NOTE: List.>>  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 <<NOTE: Notification.>>  the Secretary gives concurrent 
notification to the House and Senate Committees on Appropriations for 
any ``quick release'' of funds from the emergency relief program:  
Provided further, That no notification shall involve funds that are not 
available for obligation.

    Sec. 196.  Rebates, refunds, incentive payments, minor fees, and 
other funds received by the Department of Transportation from travel 
management centers, charge card programs, the subleasing of building 
space, and miscellaneous sources are to be credited to appropriations of 
the Department of Transportation and allocated to elements of the 
Department of Transportation using fair and equitable criteria and such 
funds shall be available until expended.
    Sec. 197.  <<NOTE: Determination.>> 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) <<NOTE: Reimbursement.>> 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) <<NOTE: Payments.>> 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 <<NOTE: Notification.>>  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 <<NOTE: Definition.>>  for purposes of this 
                section, the term ``improper payments'' has

[[Page 134 STAT. 1864]]

                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.  <<NOTE: Notice.>> 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 <<NOTE: Notice. Deadline.>>  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.  <<NOTE: Certification.>> 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.  <<NOTE: Coordination.>> 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.

[[Page 134 STAT. 1865]]

    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''.

<<NOTE: Department of Housing and Urban Development 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

[[Page 134 STAT. 1866]]

that directly support program activities funded in this title:  Provided 
further, That <<NOTE: Time period. Notifications.>>  the Secretary shall 
provide the House and Senate Committees on Appropriations quarterly 
written notification regarding the status of pending congressional 
reports:  Provided further, That <<NOTE: Reports.>>  the Secretary shall 
provide in electronic form all signed reports required by Congress:  
Provided further, That <<NOTE: Approval. Expenditure plan.>>  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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1867]]

the Fund, to remain available until expended:  Provided further, 
That <<NOTE: Notification. Deadline.>>  the Secretary shall notify the 
House and Senate Committees on Appropriations of its plans for executing 
such transfers at least 15 days in advance of such transfers.

                        Public and Indian Housing

tenant-based rental assistance <<NOTE: Vouchers.>> 

    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) <<NOTE: Determinations.>>  $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 <<NOTE: Notice. Federal Register, publication.>>  
        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 <<NOTE: Notification. Deadline.>>  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 <<NOTE: Extension. Advance approval.>>  the Secretary may 
        extend the notification period with the prior written approval 
        of the House and Senate Committees

[[Page 134 STAT. 1868]]

        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) <<NOTE: Time period.>>  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 <<NOTE: Allocation.>>  the Secretary shall allocate amounts 
        under the previous proviso based on need, as determined by the 
        Secretary;

[[Page 134 STAT. 1869]]

            (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 <<NOTE: Determination. Reimbursement.>>  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 <<NOTE: Guidance. Requirements. Deadline.>>  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 <<NOTE: Notice.>>  any tenant 
        protection voucher made available from amounts under this 
        paragraph shall not be reissued by any

[[Page 134 STAT. 1870]]

        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 <<NOTE: Time period.>>  the Secretary may only provide 
        replacement vouchers for units that were occupied within the 
        previous 24 months that cease to be available as assisted 
        housing, subject only to the availability of funds;
            (3) $2,159,000,000 shall be for administrative and other 
        expenses of public housing agencies in administering the section 
        8 tenant-based rental assistance program, of which up to 
        $30,000,000 shall be available to the Secretary to allocate to 
        public housing agencies that need additional funds to administer 
        their section 8 programs, including fees associated with section 
        8 tenant protection rental assistance, the administration of 
        disaster related vouchers, HUD-VASH vouchers, and other special 
        purpose incremental vouchers:  Provided, That no less than 
        $2,129,000,000 of the amount provided in this paragraph shall be 
        allocated to public housing agencies for the calendar year 2021 
        funding cycle based on section 8(q) of the Act (and related 
        Appropriation Act provisions) as in effect immediately before 
        the enactment of the Quality Housing and Work Responsibility Act 
        of 1998 (Public Law 105-276):  Provided further, That if the 
        amounts made available under this paragraph are insufficient to 
        pay the amounts determined under the previous proviso, the 
        Secretary may decrease the amounts allocated to agencies by a 
        uniform percentage applicable to all agencies receiving funding 
        under this paragraph or may, to the extent necessary to provide 
        full payment of amounts determined under the previous proviso, 
        utilize unobligated balances, including recaptures and 
        carryover, remaining from funds appropriated to the Department 
        of Housing and Urban Development under this heading from prior 
        fiscal years, excluding special purpose vouchers, 
        notwithstanding the purposes for which such amounts were 
        appropriated:  Provided further, That all public housing 
        agencies participating in the MTW demonstration shall be funded 
        in accordance with the requirements of the MTW demonstration 
        program or their MTW agreements, if any, and shall be subject to 
        the same uniform percentage decrease as under the previous 
        proviso:  Provided further, That amounts provided under this 
        paragraph shall be only for activities related to the provision 
        of tenant-based rental assistance authorized under section 8, 
        including related development activities;
            (4) $314,000,000 for the renewal of tenant-based assistance 
        contracts under section 811 of the Cranston-Gonzalez National 
        Affordable Housing Act (42 U.S.C. 8013), including necessary 
        administrative expenses:  Provided, That administrative and 
        other expenses of public housing agencies in administering the 
        special purpose vouchers in this paragraph shall be funded under 
        the same terms and be subject to the same pro rata reduction as 
        the percent decrease for administrative and other expenses to 
        public housing agencies under paragraph (3) of this heading:  
        Provided further, That upon turnover, section 811 special 
        purpose vouchers funded under this heading in

[[Page 134 STAT. 1871]]

        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 <<NOTE: Grants.>>  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 <<NOTE: Criteria. Data.>>  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 <<NOTE: Waiver authority. Requirements.>>  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 <<NOTE: Reports. Data.>>  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 <<NOTE: Consultation.>>  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 <<NOTE: Waiver 
        authority. Requirements. Consultation.>>  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

[[Page 134 STAT. 1872]]

        by the Secretary that any such waivers or alternative 
        requirements are necessary for the effective delivery and 
        administration of such voucher assistance:  Provided further, 
        Tha <<NOTE: Continuation. Veterans.>> t assistance made 
        available under this paragraph shall continue to remain 
        available for homeless veterans upon turn-over;
            (7) <<NOTE: Continuation. Children, youth, and families.>>  
        $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 <<NOTE: Review. Determination.>>  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 <<NOTE: Determination. Notification.>>  
        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 <<NOTE: Continuation. Children, youth, and families.>>  
        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

[[Page 134 STAT. 1873]]

        need of such assistance, public housing agency administrative 
        performance, and other factors as specified by the Secretary:  
        Provided further, That <<NOTE: Review. Determination.>>  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 <<NOTE: Guidance.>>  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) <<NOTE: Determination.>>  $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,

[[Page 134 STAT. 1874]]

        or are at risk of, financial shortfalls, as determined by the 
        Secretary:  Provided, That <<NOTE: Distribution.>>  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 <<NOTE: Waiver authority.>>  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 <<NOTE: Notification. Deadline.>>  the Secretary shall 
        notify public housing agencies requesting waivers under the 
        previous proviso if the request is approved or denied within 14 
        days of submitting the request:  Provided further, 
        That <<NOTE: Bonus awards.>>  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 <<NOTE: Notification. Deadline.>>  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 <<NOTE: Allocation. Deadline.>>  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

[[Page 134 STAT. 1875]]

        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) <<NOTE: Determination.>>  $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 <<NOTE: Definition.>>  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 <<NOTE: Time period. Determination.>>  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

[[Page 134 STAT. 1876]]

apply jointly with a public entity:  Provided further, 
That <<NOTE: Regulations.>>  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 <<NOTE: Consultation. Coordination.>>  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 <<NOTE: Grants. Deadline. Determination.>>  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 <<NOTE: Federal Register, 
        publication. Notice. Waiver. Requirements. Determination.>>  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 <<NOTE: Procedures.>>  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

[[Page 134 STAT. 1877]]

        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 <<NOTE: Grants.>>  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 <<NOTE: Waivers. Requirements.>>  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 <<NOTE: Notice. Federal Register, 
        publication. Deadline.>>  the Secretary shall publish by notice 
        in the Federal Register any waivers or alternative requirements 
        pursuant to the preceding proviso no later than 10 days before 
        the effective date of such notice.

                        native american programs

    For activities and assistance authorized under title I of the Native 
American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) 
(25 U.S.C. 4111 et seq.), title I of the Housing and Community 
Development Act of 1974 with respect to Indian tribes (42 U.S.C. 
5306(a)(1)), and related training and technical assistance, 
$825,000,000, to remain available until September 30, 2025:  Provided, 
That the amounts made available under this heading are provided as 
follows:
            (1) $647,000,000 shall be available for the Native American 
        Housing Block Grants program, as authorized under title I of 
        NAHASDA:  Provided, 
        That, <<NOTE: Determination. Applicability.>>  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 <<NOTE: Notification. Deadline.>>  the Secretary will

[[Page 134 STAT. 1878]]

        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 <<NOTE: Priority.>>  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 <<NOTE: Determination.>>  amounts made available under this 
        paragraph may be used, contracted, or competed as determined by 
        the Secretary:  Provided further, That <<NOTE: Contracts.>>  
        notwithstanding the provisions of the Federal Grant and 
        Cooperative

[[Page 134 STAT. 1879]]

        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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1880]]

awarding funds for new contracts under such section:  Provided further, 
That <<NOTE: Notice.>>  the process for submitting amendments and 
approving replacement contracts shall be established by the Secretary in 
a notice:  Provided further, That <<NOTE: Notification. Deadline.>>  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 <<NOTE: Grants.>>  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 <<NOTE: Evaluation.>>  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 <<NOTE: Allocation.>>  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 <<NOTE: Notification. Deadline.>>  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 <<NOTE: Fees.>>  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

[[Page 134 STAT. 1881]]

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 <<NOTE: Distribution.>>  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 <<NOTE: Notification. Deadline.>>  the Department shall notify 
grantees of their formula allocations within 60 days after enactment of 
this Act:  Provided further, That section 218(g) of such Act (42 U.S.C. 
12748(g)) shall not apply with respect to the right of a jurisdiction to 
draw funds from its HOME Investment Trust Fund that otherwise expired or 
would expire in 2016, 2017, 2018, 2019, 2020, 2021, 2022, or 2023 under 
that section:  Provided further, That section 231(b) of such Act (42 
U.S.C. 12771(b)) shall not apply to any uninvested funds that otherwise 
were deducted or would be deducted from the line of credit in the 
participating jurisdiction's HOME Investment Trust Fund in 2018, 2019, 
2020, 2021, 2022, or 2023 under that section.

        self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, as 
authorized under section 11 of the Housing Opportunity Program Extension 
Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain available 
until September 30, 2023:  Provided, That of the total amount made 
available under this heading, $10,000,000 shall be for the Self-Help 
Homeownership Opportunity Program as authorized under such section 11:  
Provided further, That of the total amount made available under this 
heading, $41,000,000 shall be for the second, third, and fourth capacity 
building entities specified in section 4(a) of the HUD Demonstration Act 
of 1993 (42 U.S.C. 9816 note), of which not less than $5,000,000 shall 
be for rural capacity building activities:  Provided further, That of 
the total amount made available under this heading, $5,000,000 shall be 
for capacity building by national rural housing organizations having 
experience assessing national rural conditions and providing financing, 
training, technical assistance, information, and research to local 
nonprofit organizations, local governments, and Indian Tribes serving 
high need rural communities:  Provided further, That of the total amount 
provided under this heading, $4,000,000, shall be made available for a 
program to rehabilitate and modify the homes of disabled or low-income 
veterans, as authorized under section 1079 of Public Law 113-291:  
Provided further, That <<NOTE: Deadlines.>>  the issuance of a Notice of 
Funding Availability for the funds provided under the previous proviso 
shall be completed within

[[Page 134 STAT. 1882]]

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 <<NOTE: Notification. Deadline.>>  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 <<NOTE: Priority.>>  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 <<NOTE: Incentives.>>  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 <<NOTE: Contracts. Determination.>>  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

[[Page 134 STAT. 1883]]

            (5) <<NOTE: Priority.>>  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 <<NOTE: Children, 
youth, and families.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1884]]

                            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 <<NOTE: Contracts.>>  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, <<NOTE: Determination.>>  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,

[[Page 134 STAT. 1885]]

to be available until expended:  Provided further, That amounts 
deposited pursuant to the previous proviso shall be available in 
addition to the amount otherwise provided by this heading for uses 
authorized under this heading.

                         housing for the elderly

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 5-year term, for senior 
preservation rental assistance contracts, including renewals, as 
authorized by section 811(e) of the American Homeownership and Economic 
Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive 
services associated with the housing, $855,000,000 to remain available 
until September 30, 2024:  Provided, That of the amount made available 
under this heading, up to $125,000,000 shall be for service coordinators 
and the continuation of existing congregate service grants for residents 
of assisted housing projects:  Provided further, That amounts made 
available under this heading shall be available for Real Estate 
Assessment Center inspections and inspection-related activities 
associated with section 202 projects:  Provided further, 
That <<NOTE: Waiver authority. Time period.>>  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 <<NOTE: Determination.>>  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

[[Page 134 STAT. 1886]]

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, <<NOTE: Contracts. Determination.>>  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 <<NOTE: Contracts.>>  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

[[Page 134 STAT. 1887]]

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 <<NOTE: Urban and rural areas.>>  
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 <<NOTE: Deadline.>>  to the 
extent guaranteed loan commitments exceed $200,000,000,000 on or before

[[Page 134 STAT. 1888]]

April 1, 2021, an additional $1,400 for administrative contract expenses 
shall be available for each $1,000,000 in additional guaranteed loan 
commitments (including a pro rata amount for any amount below 
$1,000,000), but in no case shall funds made available by this proviso 
exceed $30,000,000:  Provided further, That notwithstanding the 
limitation in the first sentence of section 255(g) of the National 
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2021 the 
Secretary may insure and enter into new commitments to insure mortgages 
under section 255 of the National Housing Act only to the extent that 
the net credit subsidy cost for such insurance does not exceed zero.

                general and special risk program account

    New commitments to guarantee loans insured under the General and 
Special Risk Insurance Funds, as authorized by sections 238 and 519 of 
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed 
$30,000,000,000 in total loan principal, any part of which is to be 
guaranteed, to remain available until September 30, 2022:  Provided, 
That during fiscal year 2021, gross obligations for the principal amount 
of direct loans, as authorized by sections 204(g), 207(l), 238, and 
519(a) of the National Housing Act, shall not exceed $1,000,000, which 
shall be for loans to nonprofit and governmental entities in connection 
with the sale of single family real properties owned by the Secretary 
and formerly insured under such Act.

                Government National Mortgage Association

 guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of 
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)), 
shall not exceed $1,300,000,000,000, to remain available until September 
30, 2022:  Provided, That $33,500,000, to remain available until 
September 30, 2022, shall be for necessary salaries and expenses of the 
Office of Government National Mortgage Association:  Provided further, 
That <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1889]]

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 <<NOTE: Contracts.>>  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 <<NOTE: Contribution.>>  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 <<NOTE: Compliance.>>  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 <<NOTE: Plan. Deadline.>>  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 <<NOTE: Fees.>>  
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 <<NOTE: Lobbying.>>  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

[[Page 134 STAT. 1890]]

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, <<NOTE: Determination. Time period.>>  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, <<NOTE: Certification. Notice.>>  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

[[Page 134 STAT. 1891]]

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, <<NOTE: Performance plan.>>  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: <<NOTE: Contracts. Audits. 42 USC 3550.>>   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

[[Page 134 STAT. 1892]]

in section 1012(a) of the Stewart B. McKinney Homeless Assistance 
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded or in 
the case of cash, shall be remitted to the Treasury, and such amounts of 
budget authority or cash recaptured and not rescinded or remitted to the 
Treasury shall be used by State housing finance agencies or local 
governments or local housing agencies with projects approved by the 
Secretary of Housing and Urban Development for which settlement occurred 
after January 1, 1992, in accordance with such section. Notwithstanding 
the previous sentence, the Secretary may award up to 15 percent of the 
budget authority or cash recaptured and not rescinded or remitted to the 
Treasury to provide project owners with incentives to refinance their 
project at a lower interest rate.
    Sec. 202.  None of the funds made available by this Act may be used 
during fiscal year 2021 to investigate or prosecute under the Fair 
Housing Act any otherwise lawful activity engaged in by one or more 
persons, including the filing or maintaining of a nonfrivolous legal 
action, that is engaged in solely for the purpose of achieving or 
preventing action by a Government official or entity, or a court of 
competent jurisdiction.
    Sec. 203.  Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989 (42 U.S.C. 3545).
    Sec. 204.  Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal services on a contract 
or fee basis, and for utilizing and making payment for services and 
facilities of the Federal National Mortgage Association, Government 
National Mortgage Association, Federal Home Loan Mortgage Corporation, 
Federal Financing Bank, Federal Reserve banks or any member thereof, 
Federal Home Loan banks, and any insured bank within the meaning of the 
Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
1).
    Sec. 205.  Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 206.  Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act are hereby authorized to make such expenditures, within the 
limits of funds and borrowing authority available to each such 
corporation or agency and in accordance with law, and to make such 
contracts and commitments without regard to fiscal year limitations as 
provided by section 104 of such Act as may be necessary in carrying out 
the programs set forth in the budget for 2021 for such corporation or 
agency except as hereinafter provided:  Provided, That collections of 
these corporations and agencies may be used for new loan or mortgage 
purchase commitments only to the extent expressly provided for in this 
Act (unless such loans are in support of other forms of assistance 
provided for in this or prior appropriations Acts), except that this 
proviso shall not apply to the mortgage insurance or guaranty

[[Page 134 STAT. 1893]]

operations of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United States 
Government.
    Sec. 207.  <<NOTE: Time period. Reports. Budget.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Standards.>>  The receiving project or projects 
        shall meet or exceed applicable physical standards established 
        by the Secretary.
            (4) <<NOTE: Notification. Consultation. Certification.>>  
        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.

[[Page 134 STAT. 1894]]

            (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) <<NOTE: Determination.>>  The Secretary determines that 
        this transfer is in the best interest of the tenants.
            (7) <<NOTE: Waiver authority. Determination.>>  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) <<NOTE: Records.>>  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) <<NOTE: Definitions.>>  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

[[Page 134 STAT. 1895]]

                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) <<NOTE: Evaluation.>>  Research Report.--The Secretary shall 
conduct an evaluation of the transfer authority under this section, 
including the effect of such transfers on the operational efficiency, 
contract rents, physical and financial conditions, and long-term 
preservation of the affected properties.

    Sec. 210.  (a) No assistance shall be provided under section 8 of 
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any 
individual who--
            (1) is enrolled as a student at an institution of higher 
        education (as defined under section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002));
            (2) is under 24 years of age;
            (3) is not a veteran;
            (4) is unmarried;
            (5) does not have a dependent child;
            (6) is not a person with disabilities, as such term is 
        defined in section 3(b)(3)(E) of the United States Housing Act 
        of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
        assistance under such section 8 as of November 30, 2005;
            (7) is not a youth who left foster care at age 14 or older 
        and is at risk of becoming homeless; and
            (8) is not otherwise individually eligible, or has parents 
        who, individually or jointly, are not eligible, to receive 
        assistance under section 8 of the United States Housing Act of 
        1937 (42 U.S.C. 1437f).

    (b) <<NOTE: Determination.>>  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

[[Page 134 STAT. 1896]]

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.  <<NOTE: Allocation. Eligibility.>>  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. <<NOTE: Determination. Consultations.>>  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. <<NOTE: Contracts. Notification.>>  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.  <<NOTE: 42 USC 1437g note.>>  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

[[Page 134 STAT. 1897]]

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.  <<NOTE: Determination.>>  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.  <<NOTE: Notification. Public information. Federal 
Register, publication. Notices. 42 USC 3545a note.>>  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. <<NOTE: Web 
posting. Determination.>>  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, <<NOTE: Advance approval.>>  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: <<NOTE: Notification. Time period.>>   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.  <<NOTE: Determination. Compliance.>>  (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

[[Page 134 STAT. 1898]]

            (2) <<NOTE: Certification. Deadline.>>  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.

<<NOTE: Applicability.>> 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) <<NOTE: Deadline. Notice.>> (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. <<NOTE: Records.>>  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) <<NOTE: Contracts. Notification.>>  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. <<NOTE: Determination. Consultation.>>  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

[[Page 134 STAT. 1899]]

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) <<NOTE: Reports. Time periods.>>  The Secretary shall report 
quarterly on all properties covered by this section that are assessed 
through the Real Estate Assessment Center and have UPCS physical 
inspection scores of less than 60 or have received an unsatisfactory 
management and occupancy review within the past 36 months. The report 
shall include--
            (1) identification of the enforcement actions being taken to 
        address such conditions, including imposition of civil money 
        penalties and termination of subsidies, and identification of 
        properties that have such conditions multiple times;
            (2) identification of actions that the Department of Housing 
        and Urban Development is taking to protect tenants of such 
        identified properties; and
            (3) <<NOTE: Recommenda-tions.>>  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.  <<NOTE: Grant. Notification. Deadline.>>  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.  <<NOTE: Mortgages. Eminent domain.>>  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

[[Page 134 STAT. 1900]]

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) <<NOTE: Grants. Standards. Determination.>>  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.  <<NOTE: Coordination.>>  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

[[Page 134 STAT. 1901]]

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.  <<NOTE: Contracts.>>  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, <<NOTE: Certification.>>  That 
the Secretary may not withhold funds to compel such agreement by an 
agency which certifies to its compliance with its contract.

    Sec. 233.  <<NOTE: Determination.>>  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.  <<NOTE: Rescissions.>>  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.

[[Page 134 STAT. 1902]]

    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.  <<NOTE: Deadline. Rescission.>>  No later than September 
30, 2021, the remaining unobligated balances of funds made available for 
the youth homelessness demonstration under the heading ``Department of 
Housing and Urban Development--Community Planning and Development--
Homeless Assistance Grants'' in the Consolidated Appropriations Act, 
2019 (Public Law 116-6) are hereby permanently rescinded, and an amount 
of additional new budget authority equivalent to the amount rescinded is 
hereby appropriated, to remain available until September 30, 2022, in 
addition to other funds as may be available for such purposes, and shall 
be available, without additional competition, for completing the funding 
of awards made pursuant to the fiscal year 2019 youth homelessness 
demonstration.

    This title may be cited as the ``Department of Housing and Urban 
Development Appropriations Act, 2021''.

                                TITLE III

                            RELATED AGENCIES

                              Access Board

                          salaries and expenses

    For expenses necessary for the Access Board, as authorized by 
section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792), 
$9,200,000:  Provided, That, notwithstanding any other provision of law, 
there may be credited to this appropriation funds received for 
publications and training expenses.

                       Federal Maritime Commission

                          salaries and expenses

    For necessary expenses of the Federal Maritime Commission as 
authorized by section 201(d) of the Merchant Marine Act, 1936 (46 U.S.C. 
307), including services as authorized by section 3109 of title 5, 
United States Code; hire of passenger motor vehicles as authorized by 
section 1343(b) of title 31, United States Code; and uniforms or 
allowances therefore, as authorized by sections 5901 and 5902 of title 
5, United States Code, $30,300,000:  Provided, That not to exceed $3,500 
shall be for official reception and representation expenses.

                 National Railroad Passenger Corporation

                       Office of Inspector General

                          salaries and expenses

    For necessary expenses of the Office of Inspector General for the 
National Railroad Passenger Corporation to carry out the provisions of 
the Inspector General Act of 1978 (5 U.S.C. App. 3),

[[Page 134 STAT. 1903]]

$25,274,000:  Provided, <<NOTE: Fraud.>>  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, <<NOTE: Contracts.>> 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, <<NOTE: Budget request.>>  
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

[[Page 134 STAT. 1904]]

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.  <<NOTE: Contracts.>>  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.

[[Page 134 STAT. 1905]]

    (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, <<NOTE: Reports.>>  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) <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 1906]]

    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, <<NOTE: Advance approval. Expenditure 
requests.>>  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.  <<NOTE: Eminent domain.>>  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.  <<NOTE: Deadline. Time period. Certification.>>  No part 
of any appropriation contained in this Act shall be available to pay the 
salary for any person filling a position, other than a temporary 
position, formerly held by an employee who has left to enter the Armed 
Forces of the United States and has satisfactorily completed his or her 
period of active military or naval service, and has within 90 days after 
his or her release from such service or from hospitalization continuing 
after discharge for a period of not more than 1 year, made application 
for restoration to his or her former position and has been certified by 
the Office of Personnel Management as still qualified to perform the 
duties of his or her former position and has not been restored thereto.

    Sec. 410.  <<NOTE: Compliance.>>  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.

[[Page 134 STAT. 1907]]

    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. <<NOTE: Reports. Time period.>>  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, <<NOTE: Definition.>>  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.  <<NOTE: Pornography.>>  (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.  <<NOTE: Records.>>  (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.).

[[Page 134 STAT. 1908]]

    (d) <<NOTE: Reports.>>  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.  <<NOTE: Contracts. Determination.>>  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.  <<NOTE: Renewals. Time period.>>  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, <<NOTE: Renewals.>>  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, <<NOTE: Notice. List.>>  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

[[Page 134 STAT. 1909]]

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) <<NOTE: Apportionment. Time periods.>>  
                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 <<NOTE: Coronavirus Response and Relief 
  Supplemental Appropriations Act, 2021.>> --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,

[[Page 134 STAT. 1910]]

and federally recognized Tribes in any of the Nation's Great Lakes 
States with fisheries on the Tribe's reservation or ceded or usual and 
accustomed territory:  Provided further, That each State and territory 
in the preceding proviso, except those States only bordering the Great 
Lakes, shall receive an amount equal to not less than 1 percent of the 
amount provided under this heading in this Act and not greater than, 
from amounts provided under either section 12005 of Public Law 116-136 
or amounts provided under this heading in this Act, that State or 
territory's total annual average revenue from commercial fishing 
operations, aquaculture firms, the seafood supply chain, and charter 
fishing businesses:  Provided further, That of the funds provided under 
this heading in this Act, $30,000,000 shall be for coronavirus related 
fishing impacts for Tribal fishery participants referenced in the first 
proviso:  Provided further, <<NOTE: Consultation. Disbursement.>>  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. <<NOTE: President Funeral expenses. Time period.>>  (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.

[[Page 134 STAT. 1911]]

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, <<NOTE: Vaccines.>>  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-

[[Page 134 STAT. 1912]]

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, <<NOTE: Allocation.>>  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, <<NOTE: Deadline.>>  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, <<NOTE: Vaccine 
strategy. Spend plan. Deadline.>>  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, <<NOTE: Updates. Deadline. Time period.>>  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, <<NOTE: Grants.>>  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

[[Page 134 STAT. 1913]]

as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                      National Institutes of Health

                         Office of the Director

                      (including transfer of funds)

     For an additional amount for ``Office of the Director'', 
$1,250,000,000, to remain available until September 30, 2024, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That of the amount appropriated under this 
heading in this Act, $1,150,000,000 shall be provided for research and 
clinical trials related to long-term studies of COVID-19:  Provided 
further, That of the amount appropriated under this heading in this Act, 
no less than $100,000,000 shall be for the Rapid Acceleration of 
Diagnostics:  Provided further, That funds appropriated under this 
heading in this Act may be transferred to the accounts of Institutes and 
Centers of the National Institutes of Health (NIH):  Provided further, 
That this transfer authority is in addition to any other transfer 
authority available to the NIH:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

        Substance Abuse and Mental Health Services Administration

                 Health Surveillance and Program Support

    For an additional amount for ``Heath Surveillance and Program 
Support'', $4,250,000,000, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally:  Provided, That of the 
amount appropriated under this heading in this Act, $1,650,000,000 shall 
be for grants for the substance abuse prevention and treatment block 
grant program under subpart II of part B of title XIX of the Public 
Health Service Act (``PHS Act''):  Provided further, That of the amount 
appropriated under this heading in this Act, $1,650,000,000 shall be for 
grants for the community mental health services block grant program 
under subpart I of part B of title XIX of the PHS Act:  Provided 
further, That of the amount appropriated in the preceding proviso, the 
Assistant Secretary is directed to provide no less than 50 percent of 
funds directly to facilities defined in section 1913(c) of the PHS Act:  
Provided further, That of the amount appropriated under this heading in 
this Act, not less than $600,000,000 is available for the Certified 
Community Behavioral Health Clinic Expansion Grant program:  Provided 
further, That of the amount appropriated under this heading in this Act, 
not less than $50,000,000 shall be available for suicide prevention 
programs:  Provided further, That of the amount appropriated under this 
heading in this Act, $50,000,000 shall be for activities and services 
under Project AWARE:  Provided further, That of the amount appropriated 
under this heading in this Act, not less than $240,000,000 is available 
for activities authorized under section 501(o) of the PHS Act:  Provided 
further, <<NOTE: Priority.>>  That the Assistant Secretary may 
prioritize amounts appropriated in the preceding proviso

[[Page 134 STAT. 1914]]

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, <<NOTE: Waiver authority.>>  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

[[Page 134 STAT. 1915]]

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, <<NOTE: Reimbursement.>>  
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, <<NOTE: Reports.>>  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, <<NOTE: Reports.>>  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

[[Page 134 STAT. 1916]]

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

[[Page 134 STAT. 1917]]

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, <<NOTE: Vaccines. Determination.>>  That the Secretary 
of Health and Human Services (referred to under this heading as 
``Secretary'') shall purchase vaccines developed using funds made 
available under this paragraph in this Act to respond to an outbreak or 
pandemic related to coronavirus in quantities determined by the 
Secretary to be adequate to address the public health need:  Provided 
further, That the Secretary may take into account geographical areas 
with a high percentage of cross-jurisdictional workers when determining 
allocations of vaccine doses:  Provided further, That products purchased 
by the Federal government with funds made available under this paragraph 
in this Act, including vaccines, therapeutics, and diagnostics, shall be 
purchased in accordance with Federal Acquisition Regulation guidance on 
fair and reasonable pricing:  Provided further, That the Secretary may 
take such measures authorized under current law to ensure that vaccines, 
therapeutics, and diagnostics developed from funds provided in this Act 
will be affordable in the commercial market:  Provided further, That in 
carrying out the preceding proviso, the Secretary shall not take actions 
that delay the development of such products:  Provided further, That 
products purchased with funds appropriated under this paragraph in this 
Act may, at the discretion of the Secretary of Health and Human 
Services, be deposited in the Strategic National Stockpile under section 
319F-2 of the Public Health Service Act:  Provided further, That of the 
amount appropriated under this paragraph in this Act, not more than 
$3,250,000,000 shall be for the Strategic National Stockpile under 
section 319F-2(a) of such Act:  Provided further, That funds 
appropriated under this paragraph in this Act may be transferred to, and 
merged with, the fund authorized by section 319F-4, the Covered 
Countermeasure Process Fund, of the Public Health Service Act:  Provided 
further, That of the amount appropriated under this paragraph in this 
Act, $19,695,000,000 shall be available to the Biomedical Advanced 
Research and Development Authority for necessary expenses of 
manufacturing, production, and purchase, at the discretion of the 
Secretary, of vaccines, therapeutics, and ancillary supplies necessary 
for the administration of such vaccines and therapeutics:  Provided 
further, That funds in the preceding proviso may be used for the 
construction or renovation of U.S.-based next generation manufacturing 
facilities, other than facilities owned by the United States Government: 
 Provided further, <<NOTE: Notification. Deadline.>>  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, <<NOTE: Reimbursement.>>  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, <<NOTE: Determination.>>  That funds appropriated under this 
paragraph in this Act may be used for the construction, alteration, or 
renovation

[[Page 134 STAT. 1918]]

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, <<NOTE: Reports.>> 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, <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1919]]

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, <<NOTE: Allocation.>>  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, <<NOTE: Deadline. Updates. Plans. Contact tracing.>>  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, <<NOTE: Time period. Reports.>>  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, <<NOTE: Summary. Reports.>>  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, <<NOTE: Public information.>>  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

[[Page 134 STAT. 1920]]

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, <<NOTE: Reports. Time period.>>  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, <<NOTE: Reports. Records. Determination.>>  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, <<NOTE: Definition.>>  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, <<NOTE: Review. Payments.>>  That the Secretary shall, on a 
rolling basis, review applications and make payments under this 
paragraph in this Act:  Provided further, That funds appropriated under 
this paragraph in this Act shall be available for building or 
construction of temporary structures, leasing of properties, medical 
supplies and equipment including personal protective equipment and 
testing supplies, increased workforce and trainings, emergency operation 
centers, retrofitting facilities, and surge capacity:  Provided 
further, <<NOTE: Definition. Determination.>>  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, <<NOTE: Statement.>>  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, <<NOTE: Reimbursements.>>  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,

[[Page 134 STAT. 1921]]

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, <<NOTE: Reimbursements.>>  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, <<NOTE: Time periods.>>  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, <<NOTE: Reports. Audit.>>  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, <<NOTE: Reports.>>  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, <<NOTE: Updates. Time period.>>  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.

[[Page 134 STAT. 1922]]

       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.  <<NOTE: Contracts.>> 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 <<NOTE: Expiration date.>>  further, 
That the authority made available pursuant to this section shall expire 
on September 30, 2024.

    Sec. <<NOTE: Time periods. Determination. 5 USC 5547 note.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Effective date.>>  This section shall take effect as if 
enacted on February 2, 2020.

[[Page 134 STAT. 1923]]

    (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. <<NOTE: Transfer authority. Consultation.>> 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, <<NOTE: Notification. Time period.>> 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, <<NOTE: Determination.>> 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. <<NOTE: Transfer authority.>> 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, <<NOTE: Consultation.>>  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

[[Page 134 STAT. 1924]]

under such title of such Act from amounts provided for fiscal year 2020 
and fiscal year 2021 under the heading ``Department of Health and Human 
Services--Health Resources and Services Administration'', including 
amounts made available under such heading by transfer:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                         DEPARTMENT OF EDUCATION

                      education stabilization fund

     For an additional amount for ``Education Stabilization Fund'', 
$81,880,000,000, to remain available through September 30, 2022, to 
prevent, prepare for, and respond to coronavirus, domestically or 
internationally:  Provided, That such amount is designated by the 
Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

               GENERAL PROVISIONS--DEPARTMENT OF EDUCATION

                      education stabilization fund

    Sec. 311. <<NOTE: Time period. 20 USC 3401 note.>>  (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.

[[Page 134 STAT. 1925]]

               governor's emergency education relief fund

    Sec. 312. <<NOTE: Grants.>> (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 <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Allotment.>>  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) <<NOTE: Determination.>>  Amount of allotment.--
                An allotment for a State under subparagraph (A) shall be 
                in the amount that bears

[[Page 134 STAT. 1926]]

                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) <<NOTE: Deadlines.>>  Application request and 
                review.--The Secretary shall--
                          (i) <<NOTE: Notice.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1927]]

                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) <<NOTE: Priority.>>  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

[[Page 134 STAT. 1928]]

                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) <<NOTE: Reimbursement.>>  reimbursement for the 
                expenses of any services or assistance described in this 
                paragraph (except for subparagraphs (C) (except that 
                portable air purification systems shall be an allowable 
                reimbursable expense), (D), (I), and (L)) that the non-
                public school incurred on or after the date of the 
                qualifying emergency, except that any non-public school 
                that has received a loan guaranteed under paragraph (36) 
                of section 7(a) of the Small Business Act (15 U.S.C. 
                636(a)) as of the day prior to the date of enactment of 
                this Act shall not be eligible for reimbursements 
                described in this paragraph for any expenses reimbursed 
                through such loan.
            (5) Administration.--A State educational agency receiving 
        funds under this subsection may reserve not more than the 
        greater of $200,000 or one-half of 1 percent of such funds to 
        administer the services and assistance provided under this 
        subsection to non-public schools.
            (6) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 1929]]

            (9) Interaction with paycheck protection program.--(A) In 
        general.-- <<NOTE: Records.>> 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) <<NOTE: Deadline.>>  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. <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 1930]]

    (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) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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.

[[Page 134 STAT. 1931]]

            (11) Planning and implementing activities related to summer 
        learning and supplemental afterschool programs, including 
        providing classroom instruction or online learning during the 
        summer months and addressing the needs of low-income students, 
        children with disabilities, English learners, migrant students, 
        students experiencing homelessness, and children in foster care.
            (12) Addressing learning loss among students, including low-
        income students, children with disabilities, English learners, 
        racial and ethnic minorities, students experiencing 
        homelessness, and children and youth in foster care, of the 
        local educational agency, including by--
                    (A) Administering and using high-quality assessments 
                that are valid and reliable, to accurately assess 
                students' academic progress and assist educators in 
                meeting students' academic needs, including through 
                differentiating instruction.
                    (B) Implementing evidence-based activities to meet 
                the comprehensive needs of students.
                    (C) Providing information and assistance to parents 
                and families on how they can effectively support 
                students, including in a distance learning environment.
                    (D) Tracking student attendance and improving 
                student engagement in distance education.
            (13) School facility repairs and improvements to enable 
        operation of schools to reduce risk of virus transmission and 
        exposure to environmental health hazards, and to support student 
        health needs.
            (14) Inspection, testing, maintenance, repair, replacement, 
        and upgrade projects to improve the indoor air quality in school 
        facilities, including mechanical and non-mechanical heating, 
        ventilation, and air conditioning systems, filtering, 
        purification and other air cleaning, fans, control systems, and 
        window and door repair and replacement.
            (15) Other activities that are necessary to maintain the 
        operation of and continuity of services in local educational 
        agencies and continuing to employ existing staff of the local 
        educational agency.

    (e) State Funding.--With funds not otherwise allocated under 
subsection (c), a State may reserve not more than one-half of 1 percent 
for administrative costs and the remainder for emergency needs as 
determined by the state educational agency to address issues responding 
to coronavirus, including measuring and addressing learning loss, which 
may be addressed through the use of grants or contracts.
    (f) Report.--A State receiving funds under this section shall submit 
a report to the Secretary, not later than 6 months after receiving 
funding provided in this Act, in such manner and with such subsequent 
frequency as the Secretary may require, that provides a detailed 
accounting of the use of funds provided under this section, including 
how the State is using funds to measure and address learning loss among 
students disproportionately affected by coronavirus and school closures, 
including low-income students, children with disabilities, English 
learners, racial and ethnic minorities, students experiencing 
homelessness, and children and youth in foster care.

[[Page 134 STAT. 1932]]

    (g) <<NOTE: Deadline.>>  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) <<NOTE: Allocations.>>  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

[[Page 134 STAT. 1933]]

                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) <<NOTE: Determination.>>  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. <<NOTE: Publication. Deadlines. Briefing.>>  
        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) <<NOTE: Deadlines.>>  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.

[[Page 134 STAT. 1934]]

    (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.

[[Page 134 STAT. 1935]]

            (5) Institutions of higher education receiving allocations 
        under section 314(a)(1) of this title shall provide at least the 
        same amount of funding in emergency financial aid grants to 
        students as was required to be provided under sections 
        18004(a)(1) and (c) of division B of the CARES Act (Public Law 
        116-136). An institution of higher education that repurposes 
        funds pursuant to paragraph (2) shall ensure that not less than 
        50 percent of the funds received under section 18004(a)(1) of 
        division B of the CARES Act (Public Law 116-136) are used for 
        financial aid grants to students under either section 18004(c) 
        of division B of the CARES Act or section 314(c)(3) of this 
        title, or a combination of those sections:  Provided, That 
        amounts repurposed pursuant to this paragraph that were 
        previously designated by the Congress as an emergency 
        requirement pursuant to the Balanced Budget and Emergency 
        Deficit Control Act of 1985 are designated by the Congress as an 
        emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
        Balanced Budget and Emergency Deficit Control Act of 1985.
            (6)(A) An institution of higher education that was required 
        to remit payment to the Internal Revenue Service for the excise 
        tax based on investment income of private colleges and 
        universities under section 4968 of the Internal Revenue Code of 
        1986 for tax year 2019 shall have its allocation under this 
        section reduced by 50 percent and may only use funds for 
        activities described in paragraph (c)(3), or for sanitation, 
        personal protective equipment, or other expenses associated with 
        the general health and safety of the campus environment related 
        to the qualifying emergency. This paragraph shall not apply to 
        an institution of higher education designated by the Secretary 
        as an eligible institution under section 448 of the HEA.
                    (B) Waiver authority.--The Secretary may waive the 
                requirements of subparagraph (A) if, upon application, 
                an institution of higher education demonstrates need 
                (including need for additional funding for financial aid 
                grants to students, payroll expenses, or other 
                expenditures) for the total amount of funds such 
                institution is allocated under section 314(a)(1) of this 
                title. <<NOTE: Public information.>> 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

[[Page 134 STAT. 1936]]

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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1937]]

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) <<NOTE: Waiver authority.>>  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.

[[Page 134 STAT. 1938]]

                     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. <<NOTE: Deadlines. Spend plan. Estimates.>>  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, <<NOTE: Time period.>> That such plans shall be 
updated and submitted to such Committees every 60 days until September 
30, 2024:  Provided further, <<NOTE: List. Contracts.>> 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.

[[Page 134 STAT. 1939]]

                                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 <<NOTE: Applicability. Contracts.>>  the preceding 
proviso, except for project eligibility, the requirements of chapter 471 
of such title shall apply to funds provided for any contract awarded 
(after the date of enactment of this Act) for airport development and 
funded under this heading:  Provided further, That funds provided under 
this heading in this Act may not be used for any purpose not directly 
related to the airport:  Provided further, That no additional funding 
shall be provided from funds made available under this heading to any 
airport that was allocated in excess of four years of operating funds 
under Public Law 116-136:  Provided further, That the Federal share 
payable of the costs for which a grant is made under this heading in 
this Act shall be 100 percent:  Provided further, That, notwithstanding 
any other provision of law, any funds appropriated under the heading 
``Grants-In-Aid for Airports'' in Public Law 116-136 that are 
unallocated as of the date of enactment of this Act shall be added to 
and allocated under paragraph (1) of this heading in this Act:  Provided 
further, That any funds obligated under Public Law 116-136 that are 
recovered by or returned to the FAA shall be allocated under paragraph 
(1) of this heading in this Act:  Provided further, That of the amounts 
appropriated under this heading in this Act:
            (1) Not less than $1,750,000,000 shall be available for 
        primary airports as defined in section 47102(16) of title 49, 
        United States Code, and certain cargo airports for costs related 
        to operations, personnel, cleaning, sanitization, janitorial 
        services, combating the spread of pathogens at the airport, and 
        debt service payments:  Provided, That such funds shall not be 
        subject to the reduced apportionments of section 47114(f) of 
        title 49, United States Code:  Provided further, That such funds 
        shall first be apportioned as set forth in sections 
        47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 
        47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49, 
        United States Code:  Provided further, That there shall be no 
        maximum apportionment limit:  Provided further, That any 
        remaining funds after such apportionment shall be distributed to 
        all sponsors of primary airports (as defined in section 
        47102(16) of title 49, United States Code) based on each such 
        airport's passenger enplanements compared to total passenger 
        enplanements of all airports defined in section 47102(16) of

[[Page 134 STAT. 1940]]

        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, <<NOTE: Apportionment.>> 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, <<NOTE: Distribution.>> 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, <<NOTE: Requirements.>> 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, <<NOTE: Priority.>> 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

[[Page 134 STAT. 1941]]

        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, <<NOTE: Time periods. Priority.>> 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, <<NOTE: Publication. Procedures. Deadline.>> 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, <<NOTE: Workforce 
retention. Extension date.>> 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, <<NOTE: Waiver 
authority. Determination.>> 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

[[Page 134 STAT. 1942]]

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, <<NOTE: Applicability.>> 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, <<NOTE: Transfer authority.>> 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, <<NOTE: Definition.>> 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, <<NOTE: Apportionment.>> 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, <<NOTE: Apportionment. Deadline.>> 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

[[Page 134 STAT. 1943]]

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, <<NOTE: Suballocations.>> That funds apportioned 
to a State under this heading in this Act shall be suballocated within 
the State to each area described in subsection 133(d)(1)(A)(i) of title 
23, United States Code, in the same ratio that funds suballocated to 
that area for fiscal year 2021 bears to the combined amount of funds 
apportioned to the State under section 104(b)(2) of such title for 
fiscal years 2020 and 2021:  Provided further, That of funds made 
available under this heading in this Act for activities eligible under 
section 133(b) of title 23, United States Code, any such activity shall 
be subject to the requirements of section 133(i) of title 23, United 
States Code:  Provided further, <<NOTE: Allocation.>> 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 <<NOTE: Applicability.>>  
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

[[Page 134 STAT. 1944]]

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

[[Page 134 STAT. 1945]]

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 <<NOTE: Apportionment.>>  
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) <<NOTE: Apportionment.>>  $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 <<NOTE: Allocation. Deadline.>>  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

[[Page 134 STAT. 1946]]

        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 <<NOTE: Distribution.>>  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) <<NOTE: Apportionment.>>  $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 <<NOTE: Allocation. Deadline.>>  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, <<NOTE: Allocation. Deadline.>> That 
        the Secretary shall allocate such funds in the same ratio as 
        funds were provided under the Further Consolidated 
        Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2534) and 
        shall allocate funds within 30 days of enactment of this Act:  
        Provided further, That the amounts allocated to any State (as 
        defined in section 5302 of title 49, United States Code) for 
        rural operating costs from amounts made available under this 
        heading in this Act when combined with the amounts allocated to 
        each such State for rural operating costs from funds 
        appropriated under this heading in title XII of division B of 
        the CARES Act (Public Law 116-136; 134 Stat. 599) may not exceed 
        125 percent of that State's combined 2018 rural operating costs 
        of the recipients and subrecipients in the State based on data 
        contained in the National Transit Database:  Provided 
        further, <<NOTE: Distribution.>> 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:

[[Page 134 STAT. 1947]]

  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, <<NOTE: Effective 
date. Reimbursements.>> 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, <<NOTE: Certification.>>  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, <<NOTE: Eligibility.>> 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, <<NOTE: Applicability.>> 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

[[Page 134 STAT. 1948]]

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 <<NOTE: Furloughs.>>  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. <<NOTE: President.>> Any amount appropriated by this Act, 
designated by the Congress as an emergency requirement pursuant to 
section

[[Page 134 STAT. 1949]]

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. <<NOTE: Fee schedules.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Transfer authority.>>  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) <<NOTE: Determination.>>  in the event the 
                Secretary determines additional amounts are necessary, 
                such amounts shall be available

[[Page 134 STAT. 1950]]

                from the Federal Supplementary Medical Insurance Trust 
                Fund.''.

    (b) Exemption of Additional Expenditures From Physician Fee Schedule 
Budget-neutrality.--Such section 1848 is amended, in subsection 
(c)(2)(B)(iv)--
            (1) in subclause (III), by striking ``and'' at the end;
            (2) in subclause (IV), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new subclause:
                                    ``(V) subsection (t) shall not be 
                                taken into account in applying clause 
                                (ii)(II) for 2021.''.

    (c) Report.--Not later than April 1, 2022, the Secretary of Health 
and Human Services shall submit a report to the Committee on Finance of 
the Senate and the Committee on Ways and Means and the Committee on 
Energy and Commerce of the House of Representatives on the increase in 
fee schedules that establish payment amounts for physicians' services 
under section 1848(t) of the Social Security Act, as added by subsection 
(a). Such report shall include the aggregate amount of the increase in 
payment amounts under such section, including information regarding any 
payments made in excess of the amount of funding provided under 
paragraph (3)(A) of such section.
SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE 
                          SEQUESTRATION.

    (a) In General.--Section 3709(a) of division A of the CARES Act (2 
U.S.C. 901a note) is <<NOTE: Ante, p. 421.>>  amended by striking 
``December 31, 2020'' and inserting ``March 31, 2021''.

    (b) <<NOTE: 2 USC 901a note.>>  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 <<NOTE: Continued Assistance for Unemployed Workers Act of 
2020.>> --CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
SEC. 200. <<NOTE: 15 USC 9001 note.>>  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)) <<NOTE: Ante, p. 313.>>  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

[[Page 134 STAT. 1951]]

            (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.''.

[[Page 134 STAT. 1952]]

            (2) <<NOTE: 15 USC 9021 note.>>  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) <<NOTE: Requirement. Determination.>>  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) <<NOTE: Determination. 15 USC 9021 note.>>  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) <<NOTE: Applicability. 15 USC 9021 note.>>  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) <<NOTE: Applicability. 15 USC 9021 note.>>  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''.

[[Page 134 STAT. 1953]]

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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 1954]]

            (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) <<NOTE: Time period.>>  In general.--Except as 
        provided in paragraphs (2) and (3), an agreement entered into 
        under this section shall apply to weeks of unemployment--
                    ``(A) beginning after the date on which such 
                agreement is entered into; and
                    ``(B) ending on or before March 14, 2021.
            ``(2) Transition rule for individuals remaining entitled to 
        pandemic emergency unemployment compensation as of march 14, 
        2021.--In the case of any individual who, as of the date 
        specified in paragraph (1)(B), is receiving Pandemic Emergency 
        Unemployment Compensation but has not yet exhausted all rights 
        to such assistance under this section, Pandemic Emergency 
        Unemployment Compensation shall continue to be payable to such 
        individual for any week beginning on or after such date for 
        which the individual is otherwise eligible for Pandemic 
        Emergency Unemployment Compensation.
            ``(3) Termination.--Notwithstanding any other provision of 
        this subsection, no Pandemic Emergency Unemployment Compensation 
        shall be payable for any week beginning after April 5, 2021.''.

    (b) Increase in Number of Weeks.--Section 2107(b)(2) of the CARES 
Act (15 U.S.C. 9025(b)(2)) is amended by striking ``13'' and inserting 
``24''.
    (c) Coordination Rules.--
            (1) Coordination of pandemic emergency unemployment 
        compensation with regular compensation.--Section 2107(b) of the 
        CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end 
        the following:
            ``(4) Coordination of pandemic emergency unemployment 
        compensation with regular compensation.--
                    ``(A) <<NOTE: Determination.>>  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).

[[Page 134 STAT. 1955]]

                    ``(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:

[[Page 134 STAT. 1956]]

            ``(8) <<NOTE: Time period.>>  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) <<NOTE: Applicability. 15 USC 9025 note.>>  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) <<NOTE: Ante, p. 317.>> is amended by striking ``section 625'' in 
each place it appears and inserting ``part 625''.

    (b) <<NOTE: 15 USC 9021 note.>>  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''.

[[Page 134 STAT. 1957]]

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-- <<NOTE: Continued Assistance to Rail Workers Act of 
2020.>> Continued Assistance to Rail Workers
SEC. 231. <<NOTE: 45 USC 367 note.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: 45 USC 352 note.>>  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'';

[[Page 134 STAT. 1958]]

            (2) in clause (ii), by striking ``if such clause had not 
        been enacted.'' and inserting ``if such clause had not been 
        enacted and if--
                                    ``(A) subparagraph (A) were applied 
                                by substituting `120 days of 
                                unemployment' for `65 days of 
                                unemployment'; and
                                    ``(B) subparagraph (B) were applied 
                                by inserting `(or, in the case of 
                                unemployment benefits, 12 consecutive 
                                14-day periods, except that no extended 
                                benefit period shall end before 6 
                                consecutive 14-day periods after the 
                                date of enactment of the Continued 
                                Assistance for Unemployed Workers Act of 
                                2020 have elapsed)' after `7 consecutive 
                                14-day periods'.''; and
            (3) in clause (iii)--
                    (A) by striking ``June 30, 2020'' and inserting 
                ``June 30, 2021'';
                    (B) by striking ``no extended benefit period under 
                this paragraph shall begin after December 31, 2020'' and 
                inserting ``the provisions of clauses (i) and (ii) shall 
                not apply to any employee whose extended benefit period 
                under subparagraph (B) begins after March 14, 2021, and 
                shall not apply to any employee with respect to any 
                registration period beginning after April 5, 2021.''; 
                and
                    (C) by striking ``clause (iv)'' and inserting 
                ``clause (v)'';
            (4) by redesignating clause (iv) as clause (v); and
            (5) by inserting after clause (iii) the following:
                          ``(iv) Treatment of certain calendar days.--No 
                      calendar day occurring during the period beginning 
                      on the first date with respect to which the 
                      employee has exhausted all rights to extended 
                      unemployment benefits under this paragraph as in 
                      effect on the day before the date of enactment of 
                      the Continued Assistance for Unemployed Workers 
                      Act of 2020 and ending with the date of such 
                      enactment may be treated as a day of unemployment 
                      for purposes of the payment of extended 
                      unemployment benefits under this paragraph.''.

    (b) <<NOTE: 45 USC 352 note.>>  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) <<NOTE: 45 USC 352 note.>>  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''.

[[Page 134 STAT. 1959]]

    (b) <<NOTE: 15 USC 9030 note.>>  Operating Instructions and 
Regulations.--The Railroad Retirement Board may prescribe any operating 
instructions or regulations necessary to carry out this section.

    (c) <<NOTE: 15 USC 9030 note.>>  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) <<NOTE: 2 USC 906 note.>>  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) <<NOTE: Applicability. Time period.>>  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) <<NOTE: Repeal. 2 USC 906 and note.>>  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 
                          CON- 
                          FIRM 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:

[[Page 134 STAT. 1960]]

                          ``(iii) <<NOTE: Deadline.>>  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) <<NOTE: 15 USC 9021 note.>>  Applicability.--
            (1) <<NOTE: Effective date.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Effective date. 15 USC 9021 note.>>  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.

[[Page 134 STAT. 1961]]

           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. <<NOTE: 15 USC 9033.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Notice.>>  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) <<NOTE: 15 USC 9033 note.>>  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--

[[Page 134 STAT. 1962]]

                    (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) <<NOTE: Applicability.>>  in subsection (g), by 
                striking ``provide that'' and all that follows through 
                the end and inserting ``provide that--
            ``(1) the purposes of the preceding provisions of this 
        section, as such provisions apply with respect to Federal 
        Pandemic Unemployment Compensation, shall be applied with 
        respect to unemployment benefits described in subsection (i)(2) 
        to the same extent and in the same manner as if those benefits 
        were regular compensation; and
            ``(2) the purposes of the preceding provisions of this 
        section, as such provisions apply with respect to Mixed Earner 
        Unemployment Compensation, shall be applied with respect to 
        unemployment benefits described in subparagraph (A), (B), (D), 
        or (E) of subsection (i)(2) to the same extent and in the same 
        manner as if those benefits were regular compensation.''.
            (2) Pandemic emergency unemployment compensation.--Section 
        2107(a)(4)(A) of such Act is amended--
                    (A) in clause (i), by striking ``and'';
                    (B) in clause (ii), by striking ``section 2104;'' 
                and inserting ``section 2104(b)(1)(B); and''; and
                    (C) by adding at the end the following:
                          ``(iii) the amount (if any) of Mixed Earner 
                      Unemployment Compensation under section 
                      2104(b)(1)(C);''.

    (c) <<NOTE: Applicability. Effective date. 15 USC 9023 note.>>  
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. <<NOTE: 42 USC 5174 note.>>  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).

[[Page 134 STAT. 1963]]

    (b) <<NOTE: Requirement. Determination.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Applicability. 15 USC 9021 note.>>  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

[[Page 134 STAT. 1964]]

        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) <<NOTE: 42 USC 1103 note.>>  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. <<NOTE: 15 USC 9021 note.>>  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. <<NOTE: Determinations. 26 USC 3304 note.>>  WAIVER TO 
                          PRESERVE ACCESS TO EXTENDED BENEFITS IN 
                          HIGH UNEMPLOYMENT STATES.

    (a) <<NOTE: Time period. Applicability.>>  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 <<NOTE: COVID-related Tax Relief Act of 2020.>> --COVID-
related Tax Relief Act of 2020
SEC. 271. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 26 USC 1 note.>>  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.

[[Page 134 STAT. 1965]]

    (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. <<NOTE: 26 USC 6428A.>>  ADDITIONAL 2020 RECOVERY 
                          REBATES FOR INDIVIDUALS.

    ``(a) <<NOTE: Effective date.>>  In General.--In addition to the 
credit allowed under section 6428, in the case of an eligible 
individual, there shall be allowed as a credit against the tax imposed 
by subtitle A for the first taxable year beginning in 2020 an amount 
equal to the sum of--
            ``(1) $600 ( $1,200 in the case of eligible individuals 
        filing a joint return), plus
            ``(2) an amount equal to the product of $600 multiplied by 
        the number of qualifying children (within the meaning of section 
        24(c)) of the taxpayer.

    ``(b) Treatment of Credit.--The credit allowed by subsection (a) 
shall be treated as allowed by subpart C of part IV of subchapter A of 
chapter 1.
    ``(c) Limitation Based on Adjusted Gross Income.--The amount of the 
credit allowed by subsection (a) (determined without regard to this 
subsection and subsection (e)) shall be reduced (but not below zero) by 
5 percent of so much of the taxpayer's adjusted gross income as 
exceeds--
            ``(1) $150,000 in the case of a joint return or a surviving 
        spouse (as defined in section 2(a)),
            ``(2) $112,500 in the case of a head of household (as 
        defined in section 2(b)), and
            ``(3) $75,000 in the case of a taxpayer not described in 
        paragraph (1) or (2).

    ``(d) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means any individual other than--
            ``(1) any nonresident alien individual,
            ``(2) any individual with respect to whom a deduction under 
        section 151 is allowable to another taxpayer for a taxable

[[Page 134 STAT. 1966]]

        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. <<NOTE: Determination.>>  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

[[Page 134 STAT. 1967]]

                                COVID-related Tax Relief Act of 2020), 
                                no refund or credit shall be made or 
                                allowed under this subsection after the 
                                earlier of--
                                            
                                        ``(aa) <<NOTE: Determination.>>  
                                        such date as is determined 
                                        appropriate by the Secretary, or
                                            ``(bb) September 30, 2021.
                    ``(B) <<NOTE: Certification. Disbursement.>>  
                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) <<NOTE: Definitions.>>  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,

[[Page 134 STAT. 1968]]

                          ``(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--

[[Page 134 STAT. 1969]]

                          ``(i) section 2(a)(1) of such Act (45 U.S.C. 
                      231a(a)(1)),
                          ``(ii) section 2(c) of such Act (45 U.S.C. 
                      231a(c)),
                          ``(iii) section 2(d)(1) of such Act (45 U.S.C. 
                      231a(d)(1)), or
                          ``(iv) section 7(b)(2) of such Act (45 U.S.C. 
                      231f(b)(2)) with respect to any of the benefit 
                      payments described in subparagraph (C)(i).
                    ``(F) Specified veterans beneficiary.--
                          ``(i) In general.--For purposes of this 
                      paragraph, the term `specified veterans 
                      beneficiary' means any individual who, for the 
                      last month for which the Secretary has available 
                      information as of the date of enactment of this 
                      section, is entitled to a compensation or pension 
                      payment payable under--
                                    ``(I) section 1110, 1117, 1121, 
                                1131, 1141, or 1151 of title 38, United 
                                States Code,
                                    ``(II) section 1310, 1312, 1313, 
                                1315, 1316, or 1318 of title 38, United 
                                States Code,
                                    ``(III) section 1513, 1521, 1533, 
                                1536, 1537, 1541, 1542, or 1562 of title 
                                38, United States Code, or
                                    ``(IV) section 1805, 1815, or 1821 
                                of title 38, United States Code,
                      to a veteran, surviving spouse, child, or parent 
                      as described in paragraph (2), (3), (4)(A)(ii), or 
                      (5) of section 101, title 38, United States Code.
                          ``(ii) Exception.--For purposes of this 
                      paragraph, the term `specified veterans 
                      beneficiary' shall not include any individual if 
                      such compensation or pension payment is not 
                      payable, or was reduced, for such month by reason 
                      of section 1505 or 5313 of title 38, United States 
                      Code.
                    ``(G) Subsequent determinations and redeterminations 
                not taken into account.--For purposes of this section, 
                any individual's status as a specified social security 
                beneficiary, a specified supplemental security income 
                recipient, a specified railroad retirement beneficiary, 
                or a specified veterans beneficiary shall be unaffected 
                by any determination or redetermination of any 
                entitlement to, or eligibility for, any benefit, 
                payment, or compensation, if such determination or 
                redetermination occurs after the last month for which 
                the Secretary has available information as of the date 
                of enactment of this section.
                    ``(H) Payment to representative payees and 
                fiduciaries.--
                          ``(i) In general.--If the benefit, payment, or 
                      compensation referred to in subparagraph (C)(i), 
                      (D)(i), (E), or (F)(i) with respect to any 
                      specified individual is paid to a representative 
                      payee or fiduciary, payment by the Secretary under 
                      paragraph (3) with respect to such specified 
                      individual shall be made to such individual's 
                      representative payee or fiduciary and the entire 
                      payment shall be used only for the benefit of the 
                      individual who is entitled to the payment.
                          ``(ii) Application of enforcement 
                      provisions.--

[[Page 134 STAT. 1970]]

                                    ``(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) <<NOTE: Definitions.>>  Valid identification number.--

[[Page 134 STAT. 1971]]

                    ``(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) <<NOTE: 26 USC 6428A note.>>  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. <<NOTE: Determination.>> Such amounts shall be 
                determined by the Secretary of the Treasury based on 
                information provided by the government of the respective 
                possession.
                    (B) <<NOTE: Estimate.>>  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. <<NOTE: Plan.>> The preceding 
                sentence shall not apply unless the respective 
                possession

[[Page 134 STAT. 1972]]

                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) <<NOTE: 26 USC 6428A note.>>  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--

[[Page 134 STAT. 1973]]

                          (i) issue the payment using a unique 
                      identifier that is reasonably sufficient to allow 
                      a financial institution to identify the payment as 
                      an applicable payment, and
                          (ii) further encode the payment pursuant to 
                      the same specifications as required for a benefit 
                      payment defined in section 212.3 of title 31, Code 
                      of Federal Regulations.
                    (C) Garnishment.--
                          (i) Encoded payments.--In the case of a 
                      garnishment order that applies to an account that 
                      has received an applicable payment that is encoded 
                      as provided in subparagraph (B), a financial 
                      institution shall follow the requirements and 
                      procedures set forth in part 212 of title 31, Code 
                      of Federal Regulations, except--
                                    (I) notwithstanding section 212.4 of 
                                title 31, Code of Federal Regulations 
                                (and except as provided in subclause 
                                (II)), a financial institution shall not 
                                fail to follow the procedures of 
                                sections 212.5 and 212.6 of such title 
                                with respect to a garnishment order 
                                merely because such order has attached, 
                                or includes, a notice of right to 
                                garnish federal benefits issued by a 
                                State child support enforcement agency, 
                                and
                                    (II) a financial institution shall 
                                not, with regard to any applicable 
                                payment, be required to provide the 
                                notice referenced in sections 212.6 and 
                                212.7 of title 31, Code of Federal 
                                Regulations.
                          (ii) Other payments.--In the case of a 
                      garnishment order (other than an order that has 
                      been served by the United States) that has been 
                      received by a financial institution and that 
                      applies to an account into which an applicable 
                      payment that has not been encoded as provided in 
                      subparagraph (B) has been deposited electronically 
                      on any date during the lookback period or into 
                      which an applicable payment that has been 
                      deposited by check on any date in the lookback 
                      period, the financial institution, upon the 
                      request of the account holder, shall treat the 
                      amount of the funds in the account at the time of 
                      the request, up to the amount of the applicable 
                      payment (in addition to any amounts otherwise 
                      protected under part 212 of title 31, Code of 
                      Federal Regulations), as exempt from a garnishment 
                      order without requiring the consent of the party 
                      serving the garnishment order or the judgment 
                      creditor.
                          (iii) Liability.--A financial institution that 
                      acts in good faith in reliance on clauses (i) or 
                      (ii) shall not be subject to liability or 
                      regulatory action under any Federal or State law, 
                      regulation, court or other order, or regulatory 
                      interpretation for actions concerning any 
                      applicable payments.
                    (D) No reclamation rights.--This paragraph shall not 
                alter the status of applicable payments as tax refunds 
                or other nonbenefit payments for purpose of any 
                reclamation rights of the Department of the Treasury or 
                the

[[Page 134 STAT. 1974]]

                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--

[[Page 134 STAT. 1975]]

                          (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) <<NOTE: Coordination. 26 USC 6428A note.>>  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 <<NOTE: Transfer authority. Notification.>>  
                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.

[[Page 134 STAT. 1976]]

            (2) <<NOTE: Plan.>>  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). <<NOTE: Time 
        period.>> 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 <<NOTE: 26 USC 6411 prec.>>  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 <<NOTE: 26 USC 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.

[[Page 134 STAT. 1977]]

                          ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  In general.--For 
                purposes of this subsection, the term `valid 
                identification number' means a social security number 
                (as such term is defined in section 24(h)(7)).
                    ``(B) Adoption taxpayer identification number.--For 
                purposes of paragraphs (1)(C) and (2)(C), in the case

[[Page 134 STAT. 1978]]

                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), <<NOTE: Ante, p. 338.>>  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), <<NOTE: Ante, p. 339.>>  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) <<NOTE: 26 USC 6428 note.>>  Effective Date.--The amendments 
made by this section shall take effect as if included in section 2201 of 
the CARES Act.
SEC. 274. <<NOTE: 26 USC 7508A note.>>  EXTENSION OF CERTAIN 
                          DEFERRED PAYROLL TAXES.

    The <<NOTE: Applicability.>>  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. <<NOTE: 26 USC 62 note.>>  REGULATIONS OR GUIDANCE 
                          CLARIFYING APPLICATION OF EDUCATOR 
                          EXPENSE TAX DEDUCTION.

    Not <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1979]]

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. <<NOTE: Applicability. Effective date.>> 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, <<NOTE: 15 USC 636m.>> 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) <<NOTE: 15 USC 636m note.>>  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) <<NOTE: 15 USC 636 note.>>  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

[[Page 134 STAT. 1980]]

                    (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. <<NOTE: 20 USC 1001 note.>>  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. <<NOTE: 15 USC 9008 note.>>  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

[[Page 134 STAT. 1981]]

                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) <<NOTE: Regulations. Determination.>>  the 
                Secretary of the Treasury (or the Secretary's delegate) 
                shall prescribe rules for determining a partner's 
                distributive share of any amount described in 
                subparagraph (A) for purposes of section 705 of the 
                Internal Revenue Code of 1986.

    (c) Subsidy for Certain Loan Payments.--For purposes of the Internal 
Revenue Code of 1986--
            (1) any payment described in section 1112(c) of the CARES 
        Act shall not be included in the gross income of the person on 
        whose behalf such payment is made,
            (2) no deduction shall be denied, no tax attribute shall be 
        reduced, and no basis increase shall be denied, by reason of the 
        exclusion from gross income provided by paragraph (1), and
            (3) in the case of a partnership or S corporation on whose 
        behalf of a payment described in section 1112(c) of the CARES 
        Act is made--
                    (A) any amount excluded from income by reason of 
                paragraph (1) shall be treated as tax exempt income for 
                purposes of sections 705 and 1366 of the Internal 
                Revenue Code of 1986, and
                    (B) except as provided by the Secretary of the 
                Treasury (or the Secretary's delegate), any increase in 
                the adjusted basis of a partner's interest in a 
                partnership under section 705 of the Internal Revenue 
                Code of 1986 with respect to any amount described in 
                subparagraph (A) shall equal the sum of the partner's 
                distributive share of deductions resulting from interest 
                and fees described in section 1112(c) of the CARES Act 
                and the partner's share, as determined under section 752 
                of the Internal Revenue Code of 1986,

[[Page 134 STAT. 1982]]

                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) <<NOTE: Regulations. Determination.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: 26 USC 6031 note prec.>>  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 <<NOTE: Ante, p. 342.>>  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) <<NOTE: 26 USC 72 note.>>  Effective Date.--The amendment made 
by this section shall apply as if included in the enactment of section 
2202 of the CARES Act.

[[Page 134 STAT. 1983]]

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) <<NOTE: 26 USC 172 note.>>  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

[[Page 134 STAT. 1984]]

                    ``(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) <<NOTE: 26 USC 172 note.>>  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 <<NOTE: Ante, p. 579.>>  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) <<NOTE: 26 USC 6103.>>  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.-- 
        <<NOTE: Determination.>> 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

[[Page 134 STAT. 1985]]

        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) <<NOTE: 26 USC 7213.>>  is 
                amended by striking ``(k)(10), (13), or (14)'' and 
                inserting ``(k)(10), (13), (14), or (15)''.

    (c) <<NOTE: 26 USC 6103 note.>>  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 <<NOTE: 26 USC 
        6103.>> 6103(l)(13) is amended--
                    (A) by inserting at the end of clause (iii) the 
                following new sentence: <<NOTE: Consultation.>>  ``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

[[Page 134 STAT. 1986]]

                      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) <<NOTE: 26 USC 6103 note.>>  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

[[Page 134 STAT. 1987]]

                          (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 134 STAT. 1988]]

            ``(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) <<NOTE: Time period.>>  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) <<NOTE: Review.>>  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) <<NOTE: 26 USC 420.>>  is amended by 
adding at the end the following new paragraph:
            ``(7) <<NOTE: Applicability.>>  Election to end transfer 
        period.--
                    ``(A) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1989]]

                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 oThe applicable percentage is:
        year in the following year 
        after the original transfer 
        period:
        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) <<NOTE: Definition.>>  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) <<NOTE: 26 USC 420 note.>>  Effective Date.--The amendments made 
by this section shall apply to taxable years beginning after December 
31, 2019.
SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY LEAVE.

    (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 7004(e) of 
the Families First Coronavirus Response Act <<NOTE: Ante, pp. 212, 214, 
216, 218.>>  are each amended by striking ``December 31, 2020'' and 
inserting ``March 31, 2021''.

    (b) Coordination With Termination of Mandate.--

[[Page 134 STAT. 1990]]

            (1) Payroll credit for paid sick leave.--Section 7001(c) of 
        the Families First Coronavirus Response Act <<NOTE: Ante, p. 
        211.>>  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 <<NOTE: Ante, p. 212.>>  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 <<NOTE: Ante, p. 
        215.>>  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

[[Page 134 STAT. 1991]]

                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 <<NOTE: Ante, p. 217.>>  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) <<NOTE: Time period.>>  Coordination with certain 
        employment taxes.--Section 7005(a) of the Families First 
        Coronavirus Response Act <<NOTE: Ante, p. 219>>  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) <<NOTE: 26 USC 1401 note.>>  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 <<NOTE: Ante, p. 212.>>  is amended by adding 
at the end the following new paragraph:
            ``(4) <<NOTE: Applicability.>>  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 <<NOTE: Ante, p. 217.>>  is amended by adding 
at the end the following new paragraph:
            ``(4) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 1401 note.>>  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.

[[Page 134 STAT. 1992]]

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 <<NOTE: Ante, pp. 211, 
        215.>>  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 <<NOTE: Ante, pp. 211, 215.>>  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 <<NOTE: Ante, p. 219.>>  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 <<NOTE: Ante, p. 219.>>  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,

[[Page 134 STAT. 1993]]

        for which credit is allowed under such section 7001 or 7003 
        (respectively).''.

    (f) <<NOTE: 26 USC 3111 note.>>  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 <<NOTE: Economic Aid to Hard-Hit Small Businesses, Nonprofits, 
and Venues Act.>> --CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER 
SMALL BUSINESS SUPPORT
SEC. 301. <<NOTE: 15 USC 9001 note.>>  SHORT TITLE.

    This title may be cited as the ``Economic Aid to Hard-Hit Small 
Businesses, Nonprofits, and Venues Act''.
SEC. 302. <<NOTE: 15 USC 9001 note.>>  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. <<NOTE: Deadline. 15 USC 9012 note.>>  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) <<NOTE: 15 USC 636m.>>  is redesignated as 
                section 7A, transferred to the Small Business Act (15 
                U.S.C. 631 et seq.), and inserted so as to appear after 
                section 7 of the Small Business Act (15 U.S.C. 636).
                    (B) Conforming amendments to transferred section.--
                Section 7A of the Small Business Act, as redesignated 
                and transferred by subparagraph (A) of this paragraph, 
                is amended--

[[Page 134 STAT. 1994]]

                          (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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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--

[[Page 134 STAT. 1995]]

                          ``(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) <<NOTE: Definition.>>  the term `covered worker 
        protection expenditure'--
                    ``(A) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 1996]]

                                    (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) <<NOTE: 15 USC 636 note.>>  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.--

[[Page 134 STAT. 1997]]

            ``(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) <<NOTE: 15 USC 636m note.>>  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) <<NOTE: Definition.>>  the term `covered period' means 
        the period--
                    ``(A) beginning on the date of the origination of a 
                covered loan; and
                    ``(B) ending on a date selected by the eligible 
                recipient of the covered loan that occurs during the 
                period--
                          ``(i) beginning on the date that is 8 weeks 
                      after such date of origination; and
                          ``(ii) ending on the date that is 24 weeks 
                      after such date of origination;''; and
            (1) by striking subsection (l).

[[Page 134 STAT. 1998]]

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) <<NOTE: Certification. Deadline.>>  
                      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) <<NOTE: Records. Time periods.>>  
                      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

[[Page 134 STAT. 1999]]

                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) <<NOTE: Review.>>  review and audit 
                      covered loans described in subparagraph (A);
                          ``(ii) <<NOTE: Records.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2000]]

                          ``(ii) <<NOTE: Time period.>>  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) <<NOTE: 15 USC 636m note.>>  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) <<NOTE: 15 USC 636 note.>>  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. <<NOTE: 15 USC 636 note.>>  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) <<NOTE: 15 USC 636 note.>>  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)

[[Page 134 STAT. 2001]]

                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) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2002]]

                                        1, 2021, fourth quarter of 2020 
                                        that demonstrate not less than a 
                                        25 percent reduction from the 
                                        gross receipts of the entity 
                                        during the fourth quarter of 
                                        2019; or
                                            ``(DD) if the entity was not 
                                        in business during 2019, but was 
                                        in operation on February 15, 
                                        2020, had gross receipts during 
                                        the second, third, or, only with 
                                        respect to an application 
                                        submitted on or after January 1, 
                                        2021, fourth quarter of 2020 
                                        that demonstrate not less than a 
                                        25 percent reduction from the 
                                        gross receipts of the entity 
                                        during the first quarter of 
                                        2020;
                                    ``(II) includes a business concern 
                                or organization made eligible for a loan 
                                under paragraph (36) under clause 
                                (iii)(II), (iv)(IV), or (vii) of 
                                subparagraph (D) of paragraph (36) and 
                                that meets the requirements described in 
                                items (aa) and (bb) of subclause (I); 
                                and
                                    ``(III) does not include--
                                            ``(aa) any entity that is a 
                                        type of business concern (or 
                                        would be, if such entity were a 
                                        business concern) described in 
                                        section 120.110 of title 13, 
                                        Code of Federal Regulations (or 
                                        in any successor regulation or 
                                        other related guidance or rule 
                                        that may be issued by the 
                                        Administrator) other than a 
                                        business concern described in 
                                        subsection (a) or (k) of such 
                                        section; or
                                            ``(bb) any business concern 
                                        or entity primarily engaged in 
                                        political or lobbying 
                                        activities, which shall include 
                                        any entity that is organized for 
                                        research or for engaging in 
                                        advocacy in areas such as public 
                                        policy or political strategy or 
                                        otherwise describes itself as a 
                                        think tank in any public 
                                        documents;
                                            ``(cc) any business concern 
                                        or entity--
                                                ``(AA) for which an 
                                            entity created in or 
                                            organized under the laws of 
                                            the People's Republic of 
                                            China or the Special 
                                            Administrative Region of 
                                            Hong Kong, or that has 
                                            significant operations in 
                                            the People's Republic of 
                                            China or the Special 
                                            Administrative Region of 
                                            Hong Kong, owns or holds, 
                                            directly or indirectly, not 
                                            less than 20 percent of the 
                                            economic interest of the 
                                            business concern or entity, 
                                            including as equity shares 
                                            or a capital or profit 
                                            interest in a limited 
                                            liability company or 
                                            partnership; or
                                                ``(BB) that retains, as 
                                            a member of the board of 
                                            directors of the business 
                                            concern, a person who is a 
                                            resident of the People's 
                                            Republic of China;
                                            ``(dd) any person required 
                                        to submit a registration 
                                        statement under section 2 of the 
                                        Foreign Agents Registration Act 
                                        of 1938 (22 U.S.C. 612); or

[[Page 134 STAT. 2003]]

                                            ``(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) <<NOTE: Definition.>>  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) <<NOTE: Time 
                                            period.>>  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) <<NOTE: Time 
                                        period.>>  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--

[[Page 134 STAT. 2004]]

                                    ``(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) <<NOTE: Applicability.>>  Waiver of 
                affiliation rules.--
                          ``(i) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2005]]

                                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) <<NOTE: Determinations.>>  
                                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--

[[Page 134 STAT. 2006]]

                                            ``(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 <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  Publication of 
                guidance.--Not later than 10 days after the date of 
                enactment of this paragraph, the Administrator shall 
                issue guidance addressing barriers to accessing capital 
                for minority, underserved, veteran, and women-owned 
                business concerns for the purpose of ensuring equitable 
                access to covered loans.
                    ``(N) Standard operating procedure.--The 
                Administrator shall, to the maximum extent practicable, 
                allow a lender approved to make covered loans to use 
                existing program guidance and standard operating 
                procedures for loans made under this subsection.
                    ``(O) Supplemental covered loans.--A covered loan 
                under this paragraph may only be made to an eligible 
                entity that--
                          ``(i) has received a loan under paragraph 
                      (36); and
                          ``(ii) on or before the expected date on which 
                      the covered loan under this paragraph is disbursed 
                      to the eligible entity, has used, or will use, the 
                      full amount of the loan received under paragraph 
                      (36).''.

    (b) Application of Exemption Based on Employee Availability.--
            (1) In general.--Section 7A(d) of the Small Business Act, as 
        redesignated and transferred by section 304 of this Act, is 
        amended--
                    (A) <<NOTE: Deadline.>>  in paragraph (5)(B), by 
                inserting ``(or, with respect to a covered loan made on 
                or after the date of enactment

[[Page 134 STAT. 2007]]

                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) <<NOTE: Regulations. 15 USC 636m note.>>  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) <<NOTE: 15 USC 636 note.>>  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. <<NOTE: 15 USC 636 note.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2008]]

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

[[Page 134 STAT. 2009]]

                                            Schedule F (or any 
                                            equivalent successor 
                                            schedule), that is not more 
                                            than $100,000, divided by 
                                            12; and
                                                ``(BB) 2.5; and
                                            ``(bb) <<NOTE: Time 
                                        period.>>  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) <<NOTE: 15 USC 636 note.>>  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. <<NOTE: 15 USC 636 note.>>  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.

[[Page 134 STAT. 2010]]

    (b) Facilitation of Participation in PPP and Second Draw Loans.--
            (1) Applicable rules.--Solely with respect to loans under 
        paragraphs (36) and (37) of section 7(a) of the Small Business 
        Act (15 U.S.C. 636(a)), Farm Credit Administration regulations 
        and guidance issued as of July 14, 2020, and compliance with 
        such regulations and guidance, shall be deemed functionally 
        equivalent to requirements referenced in section 3(a)(iii)(II) 
        of the interim final rule of the Administration entitled 
        ``Business Loan Program Temporary Changes; Paycheck Protection 
        Program'' (85 Fed. Reg. 20811 (April 15, 2020)) or any similar 
        requirement referenced in that interim final rule in 
        implementing such paragraph (37).
            (2) Applicability of certain loan requirements.--For 
        purposes of making loans under paragraph (36) or (37) of section 
        7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving 
        those loans in accordance with section 7A of the Small Business 
        Act, as redesignated and transferred by section 304 of this Act, 
        and subparagraph (J) of such paragraph (37), sections 4.13, 
        4.14, and 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2199, 
        2202, 2202a) (including regulations issued under those sections) 
        shall not apply.
            (3) Risk weight.--
                    (A) In general.--With respect to the application of 
                Farm Credit Administration capital requirements, a loan 
                described in subparagraph (B)--
                          (i) shall receive a risk weight of zero 
                      percent; and
                          (ii) shall not be included in the calculation 
                      of any applicable leverage ratio or other 
                      applicable capital ratio or calculation.
                    (B) Loans described.--A loan referred to in 
                subparagraph (A) is--
                          (i) a loan made by a Farm Credit Bank 
                      described in section 1.2(a) of the Farm Credit Act 
                      of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank 
                      Association, a Production Credit Association, or 
                      an agricultural credit association described in 
                      that section to make loans under paragraph (36) or 
                      (37) of section 7(a) of the Small Business Act (15 
                      U.S.C. 636(a)) or forgive those loans in 
                      accordance with section 7A of the Small Business 
                      Act, as redesignated and transferred by section 
                      304 of this Act, and subparagraph (J) of such 
                      paragraph (37); or
                          (ii) a loan made by a Federal Land Bank 
                      Association, a Production Credit Association, an 
                      agricultural credit association, or the bank for 
                      cooperatives described in section 1.2(a) of the 
                      Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under 
                      paragraph (36) or (37) of section 7(a) of the 
                      Small Business Act (15 U.S.C. 636(a)).

    (c) Effective Date; Applicability.--This section shall be effective 
as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and 
shall apply to any loan made pursuant to section 7(a)(36) of the Small 
Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of 
enactment of this Act, including forgiveness of such a loan.

[[Page 134 STAT. 2011]]

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) <<NOTE: Time period.>>  
                                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) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 2012]]

                                        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

[[Page 134 STAT. 2013]]

                                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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 2014]]

                                            ``(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

[[Page 134 STAT. 2015]]

                                            ``(dd) the destination 
                                        marketing organization employs 
                                        not more than 300 employees; and
                                            ``(ee) the destination 
                                        marketing organization--
                                                ``(AA) is described in 
                                            section 501(c) of the 
                                            Internal Revenue Code and is 
                                            exempt from taxation under 
                                            section 501(a) of such Code; 
                                            or
                                                ``(BB) is a quasi-
                                            governmental entity or is a 
                                            political subdivision of a 
                                            State or local government, 
                                            including any 
                                            instrumentality of those 
                                            entities.''.
SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING 
                          ACTIVITIES.

    Section 7(a)(36)(F) of the Small Business Act (15 U.S.C. 
636(a)(36)(F)) is amended by adding at the end the following:
                          ``(vi) Prohibition.--None of the proceeds of a 
                      covered loan may be used for--
                                    ``(I) lobbying activities, as 
                                defined in section 3 of the Lobbying 
                                Disclosure Act of 1995 (2 U.S.C. 1602);
                                    ``(II) lobbying expenditures related 
                                to a State or local election; or
                                    ``(III) expenditures designed to 
                                influence the enactment of legislation, 
                                appropriations, regulation, 
                                administrative action, or Executive 
                                order proposed or pending before 
                                Congress or any State government, State 
                                legislature, or local legislature or 
                                legislative body.''.
SEC. 320. BANKRUPTCY PROVISIONS.

    (a) In General.--Section 364 of title 11, United States Code, is 
amended by adding at the end the following:
    ``(g)(1) The court, after notice and a hearing, may authorize a 
debtor in possession or a trustee that is authorized to operate the 
business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of 
this title to obtain a loan under paragraph (36) or (37) of section 7(a) 
of the Small Business Act (15 U.S.C. 636(a)), and such loan shall be 
treated as a debt to the extent the loan is not forgiven in accordance 
with section 7A of the Small Business Act or subparagraph (J) of such 
paragraph (37), as applicable, with priority equal to a claim of the 
kind specified in subsection (c)(1) of this section.
    ``(2) The trustee may incur debt described in paragraph (1) 
notwithstanding any provision in a contract, prior order authorizing the 
trustee to incur debt under this section, prior order authorizing the 
trustee to use cash collateral under section 363, or applicable law that 
prohibits the debtor from incurring additional debt.
    ``(3) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 2016]]

            (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) <<NOTE: 11 USC 364 note.>>  Effective Date; Sunset.--
            (1) Effective date.--The amendments made by subsections (a) 
        through (e) shall--
                    (A) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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--

[[Page 134 STAT. 2017]]

                                    (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. <<NOTE: Deadlines. 15 USC 639b.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Termination date.>>  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. <<NOTE: 15 USC 636 note.>>  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

[[Page 134 STAT. 2018]]

                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) <<NOTE: Deadlines.>>  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) <<NOTE: Ante, p. 660.>>  is amended--
            (1) in paragraph (1)--

[[Page 134 STAT. 2019]]

                    (A) in the paragraph heading, by inserting ``and 
                second draw'' after ``PPP'';
                    (B) by striking ``August 8, 2020'' and inserting 
                ``March 31, 2021'';
                    (C) by striking ``paragraph (36)'' and inserting 
                ``paragraphs (36) and (37)''; and
                    (D) by striking `` $659,000,000,000'' and inserting 
                `` $806,450,000,000''; and
            (2) by adding at the end the following:
            ``(3) <<NOTE: Time period.>>  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)) <<NOTE: Ante, p. 302.>>  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

[[Page 134 STAT. 2020]]

                                (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;

[[Page 134 STAT. 2021]]

                    (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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date. Rescission.>>  In 
                general.--Effective on the date of enactment of this 
                Act, the remaining unobligated balances of funds

[[Page 134 STAT. 2022]]

                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. <<NOTE: 15 USC 9009a.>>  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) <<NOTE: Time period.>>  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;

[[Page 134 STAT. 2023]]

                                    (III) the relevant museum operator 
                                is open or intends to reopen; or
                                    (IV) the talent representative is 
                                representing or managing artists and 
                                entertainers.
                          (iii) The venues at which the live venue 
                      operator or promoter, theatrical producer, or live 
                      performing arts organization operator promotes, 
                      produces, manages, or hosts events described in 
                      paragraph (3)(A)(i) or the artists and 
                      entertainers represented or managed by the talent 
                      representative perform have the following 
                      characteristics:
                                    (I) A defined performance and 
                                audience space.
                                    (II) Mixing equipment, a public 
                                address system, and a lighting rig.
                                    (III) Engages 1 or more individuals 
                                to carry out not less than 2 of the 
                                following roles:
                                            (aa) A sound engineer.
                                            (bb) A booker.
                                            (cc) A promoter.
                                            (dd) A stage manager.
                                            (ee) Security personnel.
                                            (ff) A box office manager.
                                    (IV) There is a paid ticket or cover 
                                charge to attend most performances and 
                                artists are paid fairly and do not play 
                                for free or solely for tips, except for 
                                fundraisers or similar charitable 
                                events.
                                    (V) For a venue owned or operated by 
                                a nonprofit entity that produces free 
                                events, the events are produced and 
                                managed primarily by paid employees, not 
                                by volunteers.
                                    (VI) Performances are marketed 
                                through listings in printed or 
                                electronic publications, on websites, by 
                                mass email, or on social media.
                          (iv) A motion picture theatre or motion 
                      picture theatres operated by the motion picture 
                      theatre operator have the following 
                      characteristics:
                                    (I) At least 1 auditorium that 
                                includes a motion picture screen and 
                                fixed audience seating.
                                    (II) A projection booth or space 
                                containing not less than 1 motion 
                                picture projector.
                                    (III) A paid ticket charge to attend 
                                exhibition of motion pictures.
                                    (IV) Motion picture exhibitions are 
                                marketed through showtime listings in 
                                printed or electronic publications, on 
                                websites, by mass mail, or on social 
                                media.
                          (v) The relevant museum or relevant museums 
                      for which the relevant museum operator is seeking 
                      a grant under this section have the following 
                      characteristics:
                                    (I) Serving as a relevant museum as 
                                its principal business activity.
                                    (II) Indoor exhibition spaces that 
                                are a component of the principal 
                                business activity and which have been 
                                subjected to pandemic-related occupancy 
                                restrictions.

[[Page 134 STAT. 2024]]

                                    (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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2025]]

                                    (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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2026]]

                                    (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--

[[Page 134 STAT. 2027]]

                    (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) <<NOTE: Coordination.>>  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) <<NOTE: Time periods.>>  Initial priorities for 
                awarding grants.--
                          (i) First priority in awarding grants.--During 
                      the initial 14-day period during which the 
                      Administrator awards grants under this paragraph, 
                      the Administrator shall only award grants to an 
                      eligible person or entity with revenue, during the 
                      period beginning on April 1, 2020 and ending on 
                      December 31, 2020, that is not more than 10 
                      percent of the revenue of the eligible person or 
                      entity during the period beginning on April 1, 
                      2019 and ending on December 31, 2019, due to the 
                      COVID-19 pandemic.
                          (ii) Second priority in awarding grants.--
                      During the 14-day period immediately following the 
                      14-day period described in clause (i), the 
                      Administrator shall only award grants to an 
                      eligible person or entity with revenue, during the 
                      period beginning on April 1, 2020 and ending on 
                      December 31, 2020, that is not more than 30 
                      percent of the revenue of the eligible

[[Page 134 STAT. 2028]]

                      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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2029]]

                percent of the revenues of the eligible person or entity 
                for the corresponding calendar quarter during 2019 due 
                to the COVID-19 pandemic.
                    (B) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2030]]

                      during the period beginning on March 1, 2020, and 
                      ending on June 30, 2022.
                    (B) <<NOTE: Deadlines.>>  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;

[[Page 134 STAT. 2031]]

                                    (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) <<NOTE: Records. Time periods.>>  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) <<NOTE: Audit.>>  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) <<NOTE: Deadline.>>  In general.--Not later than 45 days 
        after the date of enactment of this Act, the Administrator shall 
        submit to the Committee on Small Business and Entrepreneurship 
        of the Senate and the Committee on Small Business of the House 
        of Representatives an audit plan that details--
                    (A) <<NOTE: Procedures.>>  the policies and 
                procedures of the Administrator for conducting oversight 
                and audits of grants under this section; and
                    (B) <<NOTE: Determination.>>  the metrics that the 
                Administrator shall use to determine which grants under 
                this section will be audited pursuant to subsection (e).
            (2) <<NOTE: Termination date. Audit.>>  Reports.--Not later 
        than 60 days after the date of enactment of this Act, and each 
        month thereafter until the

[[Page 134 STAT. 2032]]

        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) <<NOTE: Ante, p. 1309.>>  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) <<NOTE: Payments. Time periods.>>  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

[[Page 134 STAT. 2033]]

                                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) <<NOTE: Effective date.>>  
                                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.

[[Page 134 STAT. 2034]]

                    ``(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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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:

[[Page 134 STAT. 2035]]

    ``(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) <<NOTE: Deadlines.>>  Reporting and Outreach.--
            ``(1) Updated information.--
                    ``(A) <<NOTE: Public information.>>  In general.--
                Not later than 14 days after the date of enactment of 
                the Economic Aid to Hard-Hit Small Businesses, 
                Nonprofits, and Venues Act, the Administrator shall make 
                publicly available information regarding the 
                modifications to the assistance provided under this 
                section under the amendments made by such Act.
                    ``(B) Guidance.--Not later than 21 days after the 
                date of enactment of the Economic Aid to Hard-Hit Small 
                Businesses, Nonprofits, and Venues Act the Administrator 
                shall issue guidance on implementing the modifications 
                to the assistance provided under this section under the 
                amendments made by such Act.
            ``(2) Publication of list.--Not later than March 1, 2021, 
        the Administrator shall transmit to each lender of a covered 
        loan a list of each borrower of a covered loan that includes the 
        North American Industry Classification System code assigned to 
        the borrower, based on the records of the Administration, to 
        assist the lenders in identifying which borrowers qualify for an 
        extension of payments under subsection (c).
            ``(3) Education and outreach.--The Administrator shall 
        provide education, outreach, and communication to lenders, 
        borrowers, district offices, and resource partners of the 
        Administration in order to ensure full and proper compliance 
        with this section, encourage broad participation with respect to 
        covered loans that have not yet been approved by the 
        Administrator, and help lenders transition borrowers from 
        subsidy payments under this section directly to a deferral when 
        suitable for the borrower.
            ``(4) Notification.--Not later than 30 days after the date 
        of enactment of the Economic Aid to Hard-Hit Small Businesses, 
        Nonprofits, and Venues Act, the Administrator shall mail a 
        letter to each borrower of a covered loan that includes--
                    ``(A) an overview of assistance provided under this 
                section;
                    ``(B) the rights of the borrower to receive that 
                assistance;
                    ``(C) how to seek recourse with the Administrator or 
                the lender of the covered loan if the borrower has not 
                received that assistance; and
                    ``(D) the rights of the borrower to request a loan 
                deferral from a lender, and guidance on how to do 
                successfully transition directly to a loan deferral once 
                subsidy payments under this section are concluded.
            ``(5) Monthly reporting.--Not later than the 15th of each 
        month beginning after the date of enactment of the Economic Aid 
        to Hard-Hit Small Businesses, Nonprofits, and Venues

[[Page 134 STAT. 2036]]

        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) <<NOTE: 15 USC 9011 note.>>  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) <<NOTE: Effective date. 15 USC 636 note.>> 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) <<NOTE: Effective date.>> 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

[[Page 134 STAT. 2037]]

                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) <<NOTE: Effective date. 15 USC 636 note.>>  
                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) <<NOTE: 15 USC 636 note.>>  Administrative Fee Waiver.--
            (1) In <<NOTE: Time period.>>  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) <<NOTE: 15 USC 697 note.>>  Temporary Fee Elimination for the 
504 Loan Program.--
            (1) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 2038]]

                    (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

[[Page 134 STAT. 2039]]

                                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) <<NOTE: Time period.>>  the 
                                borrower has been in operation for all 
                                of the 2-year period ending on the date 
                                the loan application is submitted; and
                                    ``(III) <<NOTE: Determination.>>  
                                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

[[Page 134 STAT. 2040]]

                                            on which the borrower 
                                            applies for a loan under 
                                            this subparagraph, by
                                                ``(BB) the quotient 
                                            obtained by dividing the 
                                            average number of hours each 
                                            part time employee of the 
                                            borrower works each week by 
                                            40.
                          ``(v) Total amount of loans.--The 
                      Administrator may provide not more than a total of 
                      $7,500,000,000 of financing under this 
                      subparagraph for each fiscal year.''.

    (b) Express Loan Authority for Accredited Lenders.--
            (1) In general.--Section 507 of the Small Business 
        Investment Act of 1958 (15 U.S.C. 697d) is amended by striking 
        subsection (e) and inserting the following:

    ``(e) Express Loan Authority.--A local development company 
designated as an accredited lender in accordance with subsection (b)--
            ``(1) may--
                    ``(A) approve, authorize, close, and service covered 
                loans that are funded with proceeds of a debenture 
                issued by the company; and
                    ``(B) authorize the guarantee of a debenture 
                described in subparagraph (A); and
            ``(2) with respect to a covered loan, shall be subject to 
        final approval as to eligibility of any guarantee by the 
        Administration pursuant to section 503(a), but such final 
        approval shall not include review of decisions by the lender 
        involving creditworthiness, loan closing, or compliance with 
        legal requirements imposed by law or regulation.

    ``(f) Definitions.--In this section--
            ``(1) the term `accredited lender certified company' means a 
        certified development company that meets the requirements under 
        subsection (b), including a certified development company that 
        the Administration has designated as an accredited lender under 
        that subsection;
            ``(2) the term `covered loan'--
                    ``(A) means a loan made under section 502 in an 
                amount that is not more than $500,000; and
                    ``(B) does not include a loan made to a borrower 
                that is in an industry that has a high rate of default, 
                as annually determined by the Administrator and reported 
                in rules of the Administration; and
            ``(3) the term `qualified State or local development 
        company' has the meaning given the term in section 503(e).''.
            (2) <<NOTE: Effective date. 15 USC 697d note.>>  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) <<NOTE: Time period. 15 USC 696 note.>>  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

[[Page 134 STAT. 2041]]

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

[[Page 134 STAT. 2042]]

                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) <<NOTE: Effective date. 15 USC 636 note.>>  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) <<NOTE: 15 USC 636 note.>> Temporary Waiver of Technical 
Assistance Grants Matching Requirements and Flexibility on Pre- and 
Post-Loan Assistance <<NOTE: Time period.>> .--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) <<NOTE: Time periods. 15 USC 636 note.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2043]]

            (2) $7,000,000 to provide direct loans under such section 
        7(m).
SEC. 330. <<NOTE: 15 USC 637 note.>>  EXTENSION OF PARTICIPATION 
                          IN 8(a) PROGRAM.

    (a) <<NOTE: Effective date. Time period.>>  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) <<NOTE: Deadline.>>  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. <<NOTE: 15 USC 9009b.>>  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) <<NOTE: Time period.>>  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)).

[[Page 134 STAT. 2044]]

            (6) Low-income community.--The term ``low-income community'' 
        has the meaning given the term in section 45D(e) of the Internal 
        Revenue Code of 1986.

    (b) Entitlement to Full Amount.--
            (1) In general.--Subject to paragraph (2), a covered entity, 
        after submitting a request to the Administrator that the 
        Administrator verifies under subsection (c), shall receive a 
        total of $10,000 under section 1110(e) of the CARES Act (15 
        U.S.C. 9009(e)), without regard to whether--
                    (A) the applicable loan for which the covered entity 
                applies or applied under section 7(b)(2) of the Small 
                Business Act (15 U.S.C. 636(b)(2)) is or was approved;
                    (B) the covered entity accepts or accepted the offer 
                of the Administrator with respect to an approved loan 
                described in subparagraph (A); or
                    (C) the covered entity has previously received a 
                loan under section 7(a)(36) of the Small Business Act 
                (15 U.S.C. 636(a)(36)).
            (2) Effect of previously received amounts.--
                    (A) In general.--With respect to a covered entity 
                that received an emergency grant under section 1110(e) 
                of the CARES Act (15 U.S.C. 9009(e)) before the date of 
                enactment of this Act, the amount of the payment that 
                the covered entity shall receive under this subsection 
                (after satisfaction of the procedures required under 
                subparagraph (B)) shall be the difference between 
                $10,000 and the amount of that previously received 
                grant.
                    (B) <<NOTE: Deadline.>>  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) <<NOTE: Verification.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Records. Determination.>>  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

[[Page 134 STAT. 2045]]

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

[[Page 134 STAT. 2046]]

            ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Verification.>>  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) <<NOTE: Determination.>>  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) <<NOTE: 15 USC 9009 note.>>  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) <<NOTE: 15 USC 9009 note.>>  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).

[[Page 134 STAT. 2047]]

    (e) <<NOTE: 15 USC 9009 note.>>  Rulemaking.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: 15 USC 636 note.>>  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.

[[Page 134 STAT. 2048]]

SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

    (a) In General.--Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small 
Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by 
striking ``, in the case of an applicant'' and all that follows through 
``June 30, 2019'' and inserting the following: ``an applicant that is a 
seasonal employer shall use the average total monthly payments for 
payroll for any 12-week period selected by the seasonal employer between 
February 15, 2019, and February 15, 2020''.
    (b) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: 15 USC 636 note.>>  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

[[Page 134 STAT. 2049]]

(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) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: 15 USC 636 note.>>  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

[[Page 134 STAT. 2050]]

                                                ``(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) <<NOTE: Deadline.>>  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) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: Definitions.>>  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.''.

[[Page 134 STAT. 2051]]

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) <<NOTE: 15 USC 636 note.>>  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) <<NOTE: Time period.>>  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) <<NOTE: 15 USC 9004 note.>>  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).''.

[[Page 134 STAT. 2052]]

    (b) <<NOTE: 15 USC 9002 note.>>  Effective Date; Applicability.--The 
amendments made by subsection (a) shall be effective as if included in 
the CARES Act (Public Law 116-136; 134 Stat. 281).
SEC. 347. GAO REPORT.

    Not later than 120 days after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the Committee 
on Small Business and Entrepreneurship of the Senate and the Committee 
on Small Business of the House of Representatives a report regarding the 
use by the Administration of funds made available to the Administration 
through supplemental appropriations in fiscal year 2020, the purpose of 
which was for administrative expenses.
SEC. 348. <<NOTE: 15 USC 636 note.>>  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. <<NOTE: 15 USC 9091.>>  401. DEFINITIONS.

    Unless <<NOTE: Applicability.>>  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--

[[Page 134 STAT. 2053]]

                    (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. <<NOTE: 15 USC 9092.>>  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. <<NOTE: 15 USC 9093.>>  403. PROCEDURES FOR PROVIDING PAYROLL 
                          SUPPORT.

    (a) <<NOTE: Time periods.>>  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;

[[Page 134 STAT. 2054]]

                    (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) <<NOTE: Certification.>>  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

[[Page 134 STAT. 2055]]

                      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) <<NOTE: Determination.>>  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. <<NOTE: Contracts. 15 USC 9094.>>  404. REQUIRED ASSURANCES.

    (a) <<NOTE: Certification. Expiration dates.>>  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;

[[Page 134 STAT. 2056]]

            (3) ensure that the passenger air carrier or contractor 
        shall not pay dividends, or make other capital distributions, 
        with respect to common stock (or equivalent interest) of the air 
        carrier or contractor through--
                    (A) with respect to passenger air carriers, March 
                31, 2022; or
                    (B) with respect to contractors, March 31, 2022, or 
                the date on which the contractor expends such financial 
                assistance, whichever is later; and
            (4) meet the requirements of sections 405 and 406.

    (b) <<NOTE: Deadlines. Time periods.>>  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--

[[Page 134 STAT. 2057]]

                          (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. <<NOTE: 15 USC 9095.>>  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. <<NOTE: 15 USC 9096.>>  406. LIMITATION ON CERTAIN EMPLOYEE 
                          COMPENSATION.

    (a) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2058]]

                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. <<NOTE: 15 USC 9097.>>  407. MINIMUM AIR SERVICE GUARANTEES.

    (a) <<NOTE: Determination. Effective date.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2059]]

            (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. <<NOTE: 15 USC 9098.>>  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. <<NOTE: 15 USC 9099.>>  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) <<NOTE: Audits.>>  any audits of passenger air carriers 
        or contractors receiving financial assistance under this 
        subtitle;
            (3) any reports filed by passenger air carriers or 
        contractors receiving financial assistance under this subtitle;
            (4) any instances of non-compliance by passenger air 
        carriers or contractors receiving financial assistance under 
        this subtitle with the requirements of this subtitle or 
        agreements entered into with the Secretary to receive such 
        financial assistance; and
            (5) information relating to any clawback of any financial 
        assistance provided to passenger air carriers or contractors 
        under this subtitle.

    (b) Internet Updates.--The Secretary shall update the website of the 
Department of the Treasury, at minimum, on a weekly basis as necessary 
to reflect new or revised distributions of financial assistance under 
this subtitle with respect to each passenger air carrier or contractor 
that receives such assistance, the identification of any applicant that 
applied for financial assistance under this subtitle, and the date of 
application for such assistance.

[[Page 134 STAT. 2060]]

    (c) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 15 USC 9100.>>  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. <<NOTE: 15 USC 9101.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Furloughs. Time period. Deadline.>>  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) <<NOTE: Certification. Time period.>>  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

[[Page 134 STAT. 2061]]

        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-- <<NOTE: Coronavirus Economic Relief 
   for Transportation Services Act.>> Coronavirus Economic Relief for 
Transportation Services Act
SEC. <<NOTE: 15 USC 9001 note.>>  420. SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Economic Relief for 
Transportation Services Act''.
SEC. <<NOTE: 15 USC 9111.>>  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

[[Page 134 STAT. 2062]]

                    (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--

[[Page 134 STAT. 2063]]

                          (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) <<NOTE: Consultation. Determination.>>  
                      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) <<NOTE: Consultation. Grants. Certification.>>  In 
        general.--The Secretary, in consultation with the Secretary of 
        Transportation, shall use the amounts made available under 
        subsection (b) to provide grants to eligible providers of 
        transportation services described in paragraph (2) that certify 
        to the Secretary that the providers of transportation services 
        have experienced a revenue loss of 25 percent or more, on an 
        annual basis, as a direct or indirect result of COVID-19.
            (2) Description of eligible providers of transportation 
        services.--
                    (A) In general.--An eligible provider of 
                transportation services referred to in paragraph (1) 
                is--
                          (i) <<NOTE: Effective date.>>  a provider of 
                      transportation services that, on March 1, 2020--

[[Page 134 STAT. 2064]]

                                    (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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2065]]

                          (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) <<NOTE: Records.>> 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) <<NOTE: Requirements.>>  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) <<NOTE: Recall date.>>  to recall or 
                      rehire any employees laid off, furloughed, or 
                      terminated after March 27, 2020, to the extent 
                      warranted by increased service levels;
                    (B) <<NOTE: Deadline.>>  to return to the Secretary 
                any funds received under this subsection that are not 
                used by the provider of

[[Page 134 STAT. 2066]]

                transportation services by the date that is 1 year after 
                the date of receipt of the funds; and
                    (C) <<NOTE: Time period.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Certification.>> 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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2067]]

                                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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2068]]

                    (B) be subject to any overpayment recovery efforts 
                by a State agency (as defined in section 205 of the 
                Federal-State Extended Unemployment Compensation Act of 
                1970 (U.S.C. 3304 note)).

    (f) Administrative Provisions.--
            (1) <<NOTE: Determination.>>  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 <<NOTE: Motor Carrier Safety Grant Relief Act of 2020.>>  C--
Motor Carrier Safety Grant Relief Act of 2020
SEC. <<NOTE: 49 USC 30101 note.>>  440. SHORT TITLE.

    This subtitle may be cited as the ``Motor Carrier Safety Grant 
Relief Act of 2020''.
SEC. <<NOTE: 49 USC 31102 note.>>  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--

[[Page 134 STAT. 2069]]

                          (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. <<NOTE: 23 USC 401 note.>>  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. <<NOTE: 15 USC 9058a.>>  501. EMERGENCY RENTAL ASSISTANCE.

    (a) Appropriation.--

[[Page 134 STAT. 2070]]

            (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) <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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);

[[Page 134 STAT. 2071]]

                          (iv) section 601(d) of such Act shall not 
                      apply to such payments; and
                          (v) <<NOTE: Applicability.>> 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) <<NOTE: Determination. Deadline.>>  
                      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.--

[[Page 134 STAT. 2072]]

                          (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) <<NOTE: Determination. Deadlines.>>  
                      Distribution of declined funds.--If the Secretary 
                      determines as of 30 days after the date of 
                      enactment of this Act that an entity described in 
                      clause (ii) of subparagraph (A) has declined to 
                      receive its full allocation under such clause 
                      then, not later than 15 days after such date, the 
                      Secretary shall redistribute, on a pro rata basis, 
                      such allocation among the other entities described 
                      in such clause that have not declined to receive 
                      their allocations.
            (3) Allocations and payments to territories.--
                    (A) In general.--From the amount reserved under 
                subsection (a)(2)(A), subject to subparagraph (B), the 
                Secretary shall allocate and pay to each eligible 
                grantee described in subparagraph (C) an amount equal to 
                the product of--
                          (i) the amount so reserved; and
                          (ii) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2073]]

                          (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 <<NOTE: Time periods.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2074]]

            (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) <<NOTE: Time period.>> 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) <<NOTE: Effective date. Determinations.>>  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.

[[Page 134 STAT. 2075]]

            (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) <<NOTE: Consultation. Time period.>>  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)

[[Page 134 STAT. 2076]]

        by the gender, race, and ethnicity of the primary applicant for 
        assistance in such households.
            (3) Alternative reporting requirements for certain 
        grantees.--The Secretary may establish alternative reporting 
        requirements for grantees described in subsection (b)(2).
            (4) Privacy requirements.--
                    (A) In general.--Each eligible grantee that receives 
                a payment under this section shall establish data 
                privacy and security requirements for the information 
                described in paragraph (1) that--
                          (i) include appropriate measures to ensure 
                      that the privacy of the individuals and households 
                      is protected;
                          (ii) provide that the information, including 
                      any personally identifiable information, is 
                      collected and used only for the purpose of 
                      submitting reports under paragraph (1); and
                          (iii) provide confidentiality protections for 
                      data collected about any individuals who are 
                      survivors of intimate partner violence, sexual 
                      assault, or stalking.
                    (B) Statistical research.--
                          (i) In general.--The Secretary--
                                    (I) may provide full and unredacted 
                                information provided under subparagraphs 
                                (A) through (F) of paragraph (1), 
                                including personally identifiable 
                                information, for statistical research 
                                purposes in accordance with existing 
                                law; and
                                    (II) may collect and make available 
                                for statistical research, at the census 
                                tract level, information collected under 
                                subparagraph (A).
                          (ii) Application of privacy requirements.--A 
                      recipient of information under clause (i) shall 
                      establish for such information the data privacy 
                      and security requirements described in 
                      subparagraph (A).
            (5) Nonapplication of the paperwork reduction act.--
        Subchapter I of chapter 35 of title 44, United States Code, 
        shall not apply to the collection of information for the 
        reporting or research requirements specified in this subsection.

    (h) Administrative Expenses of the Secretary.--Of the funds 
appropriated pursuant to subsection (a), not more than $15,000,000 may 
be used for administrative expenses of the Secretary in administering 
this section, including technical assistance to grantees in order to 
facilitate effective use of funds provided under this section.
    (i) Inspector General Oversight; Recoupment
            (1) Oversight authority.--The Inspector General of the 
        Department of the Treasury shall conduct monitoring and 
        oversight of the receipt, disbursement, and use of funds made 
        available under this section.
            (2) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2077]]

            (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,

[[Page 134 STAT. 2078]]

                                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) <<NOTE: Applicability.>>  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. <<NOTE: 42 USC 264 note.>>  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

[[Page 134 STAT. 2079]]

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. <<NOTE: 12 USC 4703a note.>>  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. <<NOTE: 12 USC 4703a note.>>  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) <<NOTE: Compliance.>> 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. <<NOTE: 12 USC 4703a.>>  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

[[Page 134 STAT. 2080]]

                    ``(B)(i) an insured depository institution that is 
                not controlled by a bank holding company or savings and 
                loan holding company that is also an eligible 
                institution;
                    ``(ii) a bank holding company;
                    ``(iii) a savings and loan holding company; or
                    ``(iv) a federally insured credit union;
            ``(5) the term `minority' means any Black American, Native 
        American, Hispanic American, Asian American, Native Alaskan, 
        Native Hawaiian, or Pacific Islander;
            ``(6) the term `minority depository institution' means an 
        entity that is--
                    ``(A) a minority depository institution, as defined 
                in section 308 of the Financial Institutions Reform, 
                Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
                note); or
                    ``(B) considered to be a minority depository 
                institution by--
                          ``(i) the appropriate Federal banking agency; 
                      or
                          ``(ii) the National Credit Union 
                      Administration, in the case of an insured credit 
                      union; or
                    ``(C) listed in the Federal Deposit Insurance 
                Corporation's Minority Depository Institutions List 
                published for the Third Quarter 2020.
            ``(7) the term `Program' means the Emergency Capital 
        Investment Program established under subsection (b);
            ``(8) the term `savings and loan holding company' has the 
        meaning given the term under section 10(a) of the Home Owners' 
        Loan Act (12 U.S.C. 1467a(a)); and
            ``(9) the `Secretary' means the Secretary of the Treasury.

    ``(b) Establishment.--
            ``(1) Fund established.--There is established in the 
        Treasury of the United States a fund to be known as the 
        `Emergency Capital Investment Fund', which shall be administered 
        by the Secretary.
            ``(2) Program authorized.--The Secretary is authorized to 
        establish an emergency program known as the `Emergency Capital 
        Investment Program' to support the efforts of low- and moderate-
        income community financial institutions to, among other things, 
        provide loans, grants, and forbearance for small businesses, 
        minority-owned businesses, and consumers, especially in low-
        income and underserved communities, including persistent poverty 
        counties, that may be disproportionately impacted by the 
        economic effects of the COVID-19 pandemic, by providing direct 
        and indirect capital investments in low- and moderate-income 
        community financial institutions consistent with this section.

    ``(c) Purchases.--
            ``(1) <<NOTE: Determination.>>  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.--

[[Page 134 STAT. 2081]]

            ``(1) <<NOTE: Effective date. Deadline.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2082]]

                    ``(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) <<NOTE: Deadline. Time period. Effective 
                      date.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time periods.>>  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:

[[Page 134 STAT. 2083]]

                          ``(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) <<NOTE: Time periods.>>  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.-- <<NOTE: Determination.>> 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

[[Page 134 STAT. 2084]]

                    ``(B)(i) not more than 7.5 percent of total assets 
                for an institution with assets of more than 
                $2,000,000,000;
                    ``(ii) not more than 15 percent of total assets for 
                an institution with assets of not less than $500,000,000 
                and not more than $2,000,000,000; and
                    ``(iii) not more than 22.5 percent of total assets 
                for an institution with assets of less than 
                $500,000,000.
            ``(2) Set-asides.--Of the amounts made available under 
        subsection (c)(2), not less than $4,000,000,000 shall be made 
        available for eligible institutions with total assets of not 
        more than $2,000,000,000 that timely apply to receive a capital 
        investment under the Program, of which not less than 
        $2,000,000,000 shall be made available for eligible institutions 
        with total assets of less than $500,000,000 that timely apply to 
        receive a capital investment under the Program.
            ``(3) Holding of instruments.--Holding any instrument of a 
        low- and moderate-income community financial institution 
        described in paragraph (1) shall not give the Secretary or any 
        successor that owns the instrument any rights over the 
        management of the institution in the ordinary course of 
        business.
            ``(4) Sale of interest.--
                    ``(A) In general.--With respect to a capital 
                investment made into a low- and moderate-income 
                community financial institution under this section, the 
                Secretary--
                          ``(i) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2085]]

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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2086]]

                    ``(C) <<NOTE: Certification.>>  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

[[Page 134 STAT. 2087]]

costs of administering the Program of making, holding, managing, and 
selling the capital investments.
    ``(o) <<NOTE: Determination.>>  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 <<NOTE: 108 Stat. 2160.>>  is amended by 
inserting after the item relating to section 104 the following:

``104A. Capital investments for neighborhoods disproportionately 
           impacted by the COVID-19 pandemic.''.

SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES RESPONDING 
                          TO THE COVID-19 PANDEMIC.

    (a) Direct Appropriation.--There is appropriated, out of amounts in 
the Treasury not otherwise appropriated, for the fiscal

[[Page 134 STAT. 2088]]

year 2021, $3,000,000,000 under the heading ``<SUP>department</SUP> of</SUP> 
treasury--community</SUP> development</SUP> financial</SUP> institutions</SUP> 
fund</SUP> program</SUP> account,</SUP> emergency</SUP> support</SUP>'' 
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

[[Page 134 STAT. 2089]]

                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. <<NOTE: 12 USC 4703a note.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2090]]

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. <<NOTE: 12 USC 1715n note.>>  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

[[Page 134 STAT. 2091]]

            (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) <<NOTE: Determination.>>  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. <<NOTE: Time periods. 29 USC 3194 note.>> JOB CORPS 
                          FLEXIBILITIES.

    (a) <<NOTE: Applicability.>>  Enrollment.--During the period 
beginning on the date of enactment of this Act and ending when all 
qualifying emergencies have expired, notwithstanding any other provision 
of law, the requirements described in sections 145(a)(2)(A) and 
152(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees in 
the Job Corps--
            (1) participating on-site at a Job Corps center; or
            (2) returning to on-site participation at a Job Corps center 
        after participating in distance learning.

    (b) Eligibility.--During a qualifying emergency or the 1-year period 
immediately following the expiration of the qualifying emergency, an 
individual who would be older than the age of 24 on the date the 
individual enrolls in the Job Corps is eligible to enroll in the Job 
Corps, notwithstanding section 144(a)(1)(A) of the Workforce Innovation 
and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as--

[[Page 134 STAT. 2092]]

            (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. <<NOTE: 7 USC 2011 note.>>  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. <<NOTE: 7 USC 2011 note.>>  702. SUPPLEMENTAL NUTRITION 
                          ASSISTANCE PROGRAM.

    (a) <<NOTE: Effective date. Time period.>>  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) <<NOTE: Notification.>>  require a simple process for 
        States to notify households of the increase in benefits;
            (3) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2093]]

            (4) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period. Determination.>> 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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2094]]

                    (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) <<NOTE: Deadline.>>  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 <<NOTE: Consultation.>> 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) <<NOTE: 7 USC 2012 note.>>  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. <<NOTE: 7 USC 2016 note.>>  ADDITIONAL ASSISTANCE FOR 
                          SNAP ONLINE PURCHASING AND TECHNOLOGY 
                          IMPROVEMENTS.

    (a) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2095]]

    (b) Snap Online Purchasing Assistance for Direct-marketing Farmers 
and Farmers' Markets.-- <<NOTE: Contracts.>> 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) <<NOTE: Review.>>  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) <<NOTE: Analysis.>>  an analysis of the technological 
        developments surrounding mobile payment technology; and
            (4) <<NOTE: Summary.>>  a summary of EBT modernization 
        testing results under subsection (c)(2).

    (e) Funding.--
            (1) Appropriations.--There is hereby appropriated to the 
        Secretary, out of any money in the Treasury not otherwise 
        appropriated, $5,000,000 to be available until expended to carry 
        out this section.
            (2) Use of funds.--With respect to the funds appropriated 
        under paragraph (1), the Secretary shall use--
                    (A) not more than $1,000,000 for purposes described 
                in subsection (a); and
                    (B) not more than $1,000,000 for purposes described 
                in subsection (b).
SEC. 704. NUTRITION ASSISTANCE PROGRAMS.

    In addition to amounts otherwise made available, $614,000,000, to 
remain available through September 30, 2021, shall be available

[[Page 134 STAT. 2096]]

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 <<NOTE: Determination.>> 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

[[Page 134 STAT. 2097]]

        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. <<NOTE: 42 USC 1751 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Plan.>>  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

[[Page 134 STAT. 2098]]

                          (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) <<NOTE: Claims. Time period.>> 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) <<NOTE: Summary.>>  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

[[Page 134 STAT. 2099]]

                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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Plan.>>  Reimbursement program 
        application.--To participate in the reimbursement program under 
        paragraph (3), not later than 30 days after the date described 
        in paragraph (1)(B), a State shall submit an application to the 
        Secretary that includes a plan to calculate and disburse 
        reimbursements under the reimbursement program under paragraph 
        (3).
            (3) Reimbursement amount.--Subject to paragraphs (4) and 
        (5)(E), using the amounts allocated under paragraph (1)(A), a 
        State participating in the reimbursement program under this 
        paragraph shall make reimbursements for child care operational 
        emergency costs for each reimbursement month as follows:
                    (A) For each new covered institution in the State 
                for the reimbursement month, an amount equal to 55 
                percent of--
                          (i) the average monthly amount such new 
                      covered institution was reimbursed under 
                      subsection (c) and subsection (f) of section 17 of 
                      the Richard B. Russell National School Lunch Act 
                      (42 U.S.C. 1766) for meals and supplements served 
                      by such new covered institution during the 
                      alternate period; minus
                          (ii) the amount such new covered institution 
                      was reimbursed under such section for meals and 
                      supplements served by such new covered institution 
                      during such reimbursement month.
                    (B) For each covered institution not described in 
                subparagraph (A) in the State for the reimbursement 
                month, an amount equal to 55 percent of--
                          (i) the amount such covered institution was 
                      reimbursed under subsection (c) and subsection (f) 
                      of section 17 of the Richard B. Russell National 
                      School Lunch Act (42 U.S.C. 1766) for meals and 
                      supplements served by such covered institution 
                      during the month beginning one year before such 
                      reimbursement month; minus
                          (ii) the amount such covered institution was 
                      reimbursed under such section for meals and 
                      supplements served by such covered institution 
                      during such reimbursement month.
                    (C) For each new sponsoring organization of a family 
                or group day care home in the State for the 
                reimbursement month, an amount equal to 55 percent of--
                          (i) the average monthly amount such new 
                      sponsoring organization of a family or group day 
                      care home was reimbursed under section 17(f)(3)(B) 
                      of the Richard B. Russell National School Lunch 
                      Act (42 U.S.C.

[[Page 134 STAT. 2100]]

                      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,

[[Page 134 STAT. 2101]]

                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) <<NOTE: Time period.>>  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) <<NOTE: Summary.>>  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

[[Page 134 STAT. 2102]]

                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)).

[[Page 134 STAT. 2103]]

SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE SPECIAL 
                          SUPPLEMENTAL NUTRITION PROGRAM.

    (a) <<NOTE: Deadline.>>  Establishment of Task Force.--Not later 
than 90 days after the date of the enactment of this section, the 
Secretary shall establish a task force on supplemental foods delivery in 
the special supplemental nutrition program (in this section referred to 
as the ``Task Force'').

    (b) Membership.--
            (1) Composition.--The Task Force shall be composed of at 
        least 1 member but not more than 3 members appointed by the 
        Secretary from each of the following:
                    (A) Retailers of supplemental foods.
                    (B) Representatives of State agencies.
                    (C) Representatives of Indian State agencies.
                    (D) Representatives of local agencies.
                    (E) Technology companies with experience maintaining 
                the special supplemental nutrition program information 
                systems and technology, including management information 
                systems or electronic benefit transfer services.
                    (F) Manufacturers of supplemental foods, including 
                infant formula.
                    (G) Participants in the special supplemental 
                nutrition program from diverse locations.
                    (H) Other organizations that have experience with 
                and knowledge of the special supplemental nutrition 
                program.
            (2) Limitation on membership.--The Task Force shall be 
        composed of not more than 20 members.

    (c) Duties.--
            (1) Study.--The Task Force shall study measures to 
        streamline the redemption of supplemental foods benefits that 
        promote convenience, safety, and equitable access to 
        supplemental foods, including infant formula, for participants 
        in the special supplemental nutrition program, including--
                    (A) online and telephonic ordering and curbside 
                pickup of, and payment for, supplemental foods;
                    (B) online and telephonic purchasing of supplemental 
                foods;
                    (C) home delivery of supplemental foods;
                    (D) self checkout for purchases of supplemental 
                foods; and
                    (E) other measures that limit or eliminate consumer 
                presence in a physical store.
            (2) Report by task force.--Not later than September 30, 
        2021, the Task Force shall submit to the Secretary a report that 
        includes--
                    (A) the results of the study required under 
                paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Plan.>>  a plan with respect to 
                      carrying out the recommendations received by the 
                      Secretary in such report under paragraph (2); and
                          (ii) <<NOTE: Assessment.>>  an assessment of 
                      whether legislative changes are necessary to carry 
                      out such plan; and

[[Page 134 STAT. 2104]]

                    (B) <<NOTE: Notification.>>  notify the Task Force 
                of the submission of the report required under 
                subparagraph (A).
            (4) <<NOTE: Web posting.>>  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.

[[Page 134 STAT. 2105]]

    (b) <<NOTE: Determination. 42 USC 3030g note.>>  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) <<NOTE: Compliance. 42 USC 3030g-21 note.>>  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. <<NOTE: Payments.>>  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, <<NOTE: Determination.>>  
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, <<NOTE: Determination.>>  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

[[Page 134 STAT. 2106]]

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, <<NOTE: Determination.>>  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, <<NOTE: Determination. Time period.>>  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, <<NOTE: Cotton. Time periods.>>  
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, <<NOTE: Determination.>>  That notwithstanding 
paragraph (e) of section

[[Page 134 STAT. 2107]]

9.7 of title 7, Code of Federal Regulations (or any successor 
regulation), and subject to the availability of funds, taking into 
account the requirements of the other provisos in this section, for 
purposes of providing assistance under subparts B and C of part 9 of 
that title, the Secretary of Agriculture shall make additional payments 
to ensure that such assistance more closely aligns with the calculated 
gross payment or revenue losses of any person or entity, except that 
such assistance shall not exceed the calculated gross payment or 80 
percent of the loss, as determined by the Secretary of Agriculture, of 
any entity or persons, and that for the purposes of determining income 
derived from farming, ranching, and forestry under paragraph (d) of that 
section, the Secretary of Agriculture shall broadly consider income 
derived from agricultural sales (including gains), agricultural 
services, the sale of agricultural real estate, and prior year net 
operating loss carryforward as such income:  Provided further, That from 
the amounts provided in this section, the Secretary of Agriculture may 
provide support to processors for losses of crops due to insufficient 
processing access:  Provided further, <<NOTE: Extension. Time period.>>  
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, <<NOTE: Expiration date.>>  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, <<NOTE: Deadline. Review.>>  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, <<NOTE: Time period.>>  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

[[Page 134 STAT. 2108]]

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 <<NOTE: Biofuels.>>  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 <<NOTE: Loans.>> 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

[[Page 134 STAT. 2109]]

such match may be an in-kind contribution:  Provided 
further, <<NOTE: Waiver authority.>> 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, <<NOTE: Waiver authority.>> 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. <<NOTE: 7 USC 2254c.>>  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. <<NOTE: 7 USC 5936a note.>>  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. <<NOTE: 7 USC 9056 note.>>  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.--

[[Page 134 STAT. 2110]]

            (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) <<NOTE: Determination.>>  In general.--For purposes of 
        determining the supplemental production history of an eligible 
        dairy operation under this section, such dairy operation's 
        supplemental production history shall be equal to 75 percent of 
        the amount described in paragraph (2) with respect to such dairy 
        operation.
            (2) Amount.--The amount referred to in paragraph (1) is, 
        with respect to an eligible dairy operation, the amount equal 
        to--
                    (A) the production volume of such dairy operation 
                for the 2019 milk marketing year; minus
                    (B) the dairy margin coverage production history of 
                such dairy operation established under section 1405 of 
                the Agricultural Act of 2014 (7 U.S.C. 9055).

    (d) Coverage Percentage.--
            (1) In general.--For purposes of calculating payments to be 
        issued under this section during a calendar year, an eligible 
        dairy operation's coverage percentage shall be equal to the 
        coverage percentage selected by such eligible dairy operation 
        with respect to such calendar year under section 1406 of the 
        Agricultural Act of 2014 (7 U.S.C. 9056).
            (2) 5 million pound limitation.--
                    (A) In general.--The Secretary shall not provide 
                supplemental dairy margin coverage on an eligible dairy 
                operation's actual production for a calendar year such 
                that the total covered production history of such dairy 
                operation exceeds 5,000,000 pounds.
                    (B) Determination of amount.--In calculating the 
                total covered production history of an eligible dairy 
                operation under subparagraph (A), the Secretary shall 
                multiply the coverage percentage selected by such 
                operation under section 1406 of the Agricultural Act of 
                2014 (7 U.S.C. 9056) by the sum of--
                          (i) the supplemental production history 
                      calculated under subsection (c) with respect to 
                      such dairy operation; and
                          (ii) the dairy margin coverage production 
                      history described in subsection (c)(2)(B) with 
                      respect to such dairy operation.

[[Page 134 STAT. 2111]]

    (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) <<NOTE: Deadline.>>  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. <<NOTE: 7 USC 9071a.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2112]]

    (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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2113]]

                          (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) <<NOTE: Determination.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Web posting. Reports.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2114]]

                    (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. <<NOTE: 7 USC 217b.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Notice. Deadlines.>>  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) <<NOTE: Deadline.>> Notice to Lien Holders.--When a dealer 
receives notice under subsection (b) of the unpaid cash seller's intent 
to preserve the benefits of the trust, the dealer shall, within 15 
business days, give notice to all persons who have recorded a security 
interest in, or lien on, the livestock held in such trust.

    ``(d) Cash Sales Defined.--For the purpose of this section, a cash 
sale means a sale in which the seller does not expressly extend credit 
to the buyer.
    ``(e) Purchase of Livestock Subject to Trust.--
            ``(1) In general.--A person purchasing livestock subject to 
        a dealer trust shall receive good title to the livestock if the 
        person receives the livestock--
                    ``(A) in exchange for payment of new value; and
                    ``(B) in good faith without notice that the transfer 
                is a breach of trust.
            ``(2) Dishonored payment instrument.--Payment shall not be 
        considered to have been made if a payment instrument given in 
        exchange for the livestock is dishonored.
            ``(3) Transfer in satisfaction of antecedent debt.--A 
        transfer of livestock subject to a dealer trust is not for

[[Page 134 STAT. 2115]]

        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) <<NOTE: Appointment.>>  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. <<NOTE: 21 USC 473.>>  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.

[[Page 134 STAT. 2116]]

    (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) <<NOTE: Payments. Deadline.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Time period.>> 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.

[[Page 134 STAT. 2117]]

            (2) Report on the cooperative interstate shipment program.-- 
        <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>>  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) <<NOTE: Public information. Web posting. List.>>  
        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).

[[Page 134 STAT. 2118]]

    (b) Funding.--There is appropriated, out of the funds of the 
Treasury not otherwise appropriated, $2,000,000 to carry out this 
section.
SEC. <<NOTE: 7 USC 5936a.>> 766. SUPPORT FOR FARM STRESS PROGRAMS.

    (a) <<NOTE: Grants.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  of the amounts made available 
        under subsection (f), allocate among such States, an amount to 
        be determined by the Secretary, which in no case may exceed 
        $500,000 for each State.

    (c) State Plan.--
            (1) In general.--A State department of agriculture seeking a 
        grant under subsection (a) shall submit to the Secretary a State 
        plan to expand or sustain stress assistance programs described 
        in that subsection that includes--
                    (A) a description of each activity and the estimated 
                amount of funding to support each program and activity 
                carried out through such a program;
                    (B) <<NOTE: Timeline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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--

[[Page 134 STAT. 2119]]

            (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) <<NOTE: Estimate.>>  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 ``<SUP>borrowing</SUP> 
        authority</SUP>'' and inserting ``<SUP>funding</SUP>'';
            (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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2120]]

                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

[[Page 134 STAT. 2121]]

                      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) <<NOTE: Definition.>>  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. <<NOTE: 47 USC 1306.>>  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) <<NOTE: Consultation.>> 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

[[Page 134 STAT. 2122]]

        the term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Connected device.--The term ``connected device'' means a 
        laptop computer, tablet computer, or similar device that is 
        capable of connecting to broadband internet access service.
            (6) Director.--The term ``Director'' means the Director of 
        the Office.
            (7) Eligible equipment.--The term ``eligible equipment'' 
        means--
                    (A) a Wi-Fi hotspot;
                    (B) a modem;
                    (C) a router;
                    (D) a device that combines a modem and router;
                    (E) a connected device; or
                    (F) any other equipment used to provide access to 
                broadband internet access service.
            (8) Eligible recipient.--The term ``eligible recipient'' 
        means--
                    (A) a historically Black college or university;
                    (B) a Tribal College or University;
                    (C) a Minority-serving institution; or
                    (D) a consortium that is led by a historically Black 
                college or university, a Tribal College or University, 
                or a Minority-serving institution and that also 
                includes--
                          (i) a minority business enterprise; or
                          (ii) an organization described in section 
                      501(c)(3) of the Internal Revenue Code of 1986 and 
                      exempt from tax under section 501(a) of such Code.
            (9) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (10) Minority-serving institution.--The term ``Minority-
        serving institution'' means any of the following:
                    (A) An Alaska Native-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (B) A Native Hawaiian-serving institution, as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)).
                    (C) A Hispanic-serving institution, as that term is 
                defined in section 502(a) of the Higher Education Act of 
                1965 (20 U.S.C. 1101a(a)).
                    (D) A Predominantly Black institution, as that term 
                is defined in section 371(c) of the Higher Education Act 
                of 1965 (20 U.S.C. 1067q(c)).
                    (E) An Asian American and Native American Pacific 
                Islander-serving institution, as that term is defined in 
                section 320(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059g(b)).
                    (F) A Native American-serving, nontribal 
                institution, as that term is defined in section 319(b) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1059f(b)).

[[Page 134 STAT. 2123]]

            (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) <<NOTE: Deadline.>>  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) <<NOTE: Appointment.>>  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) <<NOTE: Recommenda- tions.>>  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--

[[Page 134 STAT. 2124]]

                                    (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.--

[[Page 134 STAT. 2125]]

                    (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) <<NOTE: Deadline. Grants.>>  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--

[[Page 134 STAT. 2126]]

                                    (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) <<NOTE: Requirement.>>  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) <<NOTE: Audit.>>  include audit 
                      requirements that--
                                    (I) ensure that a recipient of a 
                                grant made under the Pilot Program uses 
                                grant funds in compliance with the 
                                requirements of this section and the 
                                overall purpose of the Pilot Program; 
                                and
                                    (II) prevent waste, fraud, and abuse 
                                in the operation of the Pilot Program;
                          (vi) provide that not less than 40 percent of 
                      the amount of the grants made under the Pilot 
                      Program are made to Historically Black colleges or 
                      universities; and
                          (vii) provide that not less than 20 percent of 
                      the amount of the grants made under the Pilot 
                      Program are made to eligible recipients described 
                      in subparagraphs (A), (B), and (C) of subsection 
                      (a)(8) to provide

[[Page 134 STAT. 2127]]

                      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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 2128]]

            (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. <<NOTE: 47 USC 254 note.>>  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) <<NOTE: Transfer authority.>> 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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2129]]

        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) <<NOTE: Notice.>>  issue notice to the applicant 
                of the intent of the Commission to deny the application 
                and the grounds for that decision;
                    (B) <<NOTE: Deadline.>>  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. <<NOTE: 47 USC 1301 note.>>  BENEFIT FOR BROADBAND 
                          SERVICE DURING EMERGENCY PERIOD RELATING 
                          TO COVID-19.

    (a) Definitions.--In this section:

[[Page 134 STAT. 2130]]

            (1) Broadband internet access service.--The term ``broadband 
        internet access service'' has the meaning given such term in 
        section 8.1(b) of title 47, Code of Federal Regulations, or any 
        successor regulation.
            (2) Broadband provider.--The term ``broadband provider'' 
        means a provider of broadband internet access service.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Connected device.--The term ``connected device'' means a 
        laptop or desktop computer or a tablet.
            (5) Designated as an eligible telecommunications carrier.--
        The term ``designated as an eligible telecommunications 
        carrier'', with respect to a broadband provider, means the 
        broadband provider is designated as an eligible 
        telecommunications carrier under section 214(e) of the 
        Communications Act of 1934 (47 U.S.C. 214(e)).
            (6) Eligible household.--The term ``eligible household'' 
        means, regardless of whether the household or any member of the 
        household receives support under subpart E of part 54 of title 
        47, Code of Federal Regulations (or any successor regulation), 
        and regardless of whether any member of the household has any 
        past or present arrearages with a broadband provider, a 
        household in which--
                    (A) at least one member of the household meets the 
                qualifications in subsection (a) or (b) of section 
                54.409 of title 47, Code of Federal Regulations (or any 
                successor regulation);
                    (B) at least one member of the household has applied 
                for and been approved to receive benefits under the free 
                and reduced price lunch program under the Richard B. 
                Russell National School Lunch Act (42 U.S.C. 1751 et 
                seq.) or the school breakfast program under section 4 of 
                the Child Nutrition Act of 1966 (42 U.S.C. 1773);
                    (C) at least one member of the household has 
                experienced a substantial loss of income since February 
                29, 2020, that is documented by layoff or furlough 
                notice, application for unemployment insurance benefits, 
                or similar documentation or that is otherwise verifiable 
                through the National Verifier or National Lifeline 
                Accountability Database;
                    (D) at least one member of the household has 
                received a Federal Pell Grant under section 401 of the 
                Higher Education Act of 1965 (20 U.S.C. 1070a) in the 
                current award year, if such award is verifiable through 
                the National Verifier or National Lifeline 
                Accountability Database or the participating provider 
                verifies eligibility under subsection (a)(2)(B); or
                    (E) at least one member of the household meets the 
                eligibility criteria for a participating provider's 
                existing low-income or COVID-19 program, subject to the 
                requirements of subsection (a)(2)(B) and any other 
                eligibility requirements the Commission may consider 
                necessary for the public interest.
            (7) Emergency broadband benefit.--The term ``emergency 
        broadband benefit'' means a monthly discount for an eligible 
        household applied to the actual amount charged to such 
        household, which shall be no more than the standard

[[Page 134 STAT. 2131]]

        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;

[[Page 134 STAT. 2132]]

                    (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) <<NOTE: Deadline.>>  not later than 7 
                      days after receiving the information required 
                      under clause (i), the Commission--
                                    (I) <<NOTE: Determination.>>  
                                determines that the alternative 
                                verification process will be sufficient 
                                to avoid waste, fraud, and abuse; and
                                    (II) <<NOTE: Notification.>>  
                                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) <<NOTE: Deadline. Determination.>>  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.

[[Page 134 STAT. 2133]]

                    (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.

[[Page 134 STAT. 2134]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  In general.--Not later than 60 days 
        after the date of the enactment of this Act, the Commission 
        shall promulgate regulations to implement this section.
            (2) Comment periods.--As part of the rulemaking under 
        paragraph (1), the Commission shall--
                    (A) provide a 20-day public comment period that 
                begins not later than 5 days after the date of the 
                enactment of this Act;
                    (B) provide a 20-day public reply comment period 
                that immediately follows the period under subparagraph 
                (A); and
                    (C) during the comment periods under subparagraphs 
                (A) and (B), seek comment on--
                          (i) the provision of assistance from the 
                      Emergency Broadband Connectivity Fund established 
                      in subsection (i) consistent with this section; 
                      and
                          (ii) other related matters.

    (d) Eligibility of Providers.--
            (1) Relation to eligible telecommunications carrier 
        designation.--The Commission may not require a broadband 
        provider to be designated as an eligible telecommunications 
        carrier in order to be a participating provider.
            (2) Expedited approval process.--
                    (A) In general.--The Commission shall establish an 
                expedited process by which the Commission approves as 
                participating providers broadband providers that are not 
                designated as eligible telecommunications carriers and 
                elect to participate in the Emergency Broadband Benefit 
                Program.

[[Page 134 STAT. 2135]]

                    (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

[[Page 134 STAT. 2136]]

        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. <<NOTE: 47 USC 1305 note.>>  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;

[[Page 134 STAT. 2137]]

                    (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

[[Page 134 STAT. 2138]]

                broadband service in the specific area where the 
                household is located by dates certain, even if such 
                service is not yet available, provided that the Federal 
                or State agency providing the funding has not deemed the 
                service provider to be in default of its buildout 
                obligations under the applicable Federal or State 
                program.

    (b) Direct Appropriation.--There is appropriated to the Assistant 
Secretary, out of amounts in the Treasury not otherwise appropriated, 
for the fiscal year ending September 30, 2021, to remain available until 
expended--
            (1) $1,000,000,000 for grants under subsection (c); and
            (2) $300,000,000 for grants under subsection (d).

    (c) Tribal Broadband Connectivity Program.--
            (1) Tribal broadband connectivity grants.--The Assistant 
        Secretary shall use the funds made available under subsection 
        (b)(1) to implement a program to make grants to eligible 
        entities to expand access to and adoption of--
                    (A) broadband service on Tribal land; or
                    (B) remote learning, telework, or telehealth 
                resources during the COVID-19 pandemic.
            (2) Grants.--From the amounts appropriated under subsection 
        (b)(1), the Assistant Secretary shall award a grant to each 
        eligible entity that submits an application that the Assistant 
        Secretary approves after consultation with the Commission to 
        prevent duplication of funding.
            (3) Allocations.--
                    (A) Equitable distribution.--The amounts 
                appropriated under subsection (b)(1) shall be made 
                available to eligible entities on an equitable basis, 
                and not less than 3 percent of those amounts shall be 
                made available for the benefit of Native Hawaiians.
                    (B) Administrative expenses of assistant 
                secretary.--The Assistant Secretary may use not more 
                than 2 percent of amounts appropriated under subsection 
                (b)(1) for administrative purposes, including the 
                provision of technical assistance to Tribal Governments 
                to help those Governments take advantage of the program 
                established under this subsection.
            (4) Use of grant funds.--
                    (A) Commitment deadline.--
                          (i) In general.--Not later than 180 days after 
                      receiving grant funds under this subsection, an 
                      eligible entity shall commit the funds in 
                      accordance with the approved application of the 
                      entity.
                          (ii) Reversion of funds.--Any grant funds not 
                      committed by an eligible entity by the deadline 
                      under clause (i) shall revert to the general fund 
                      of the Treasury.
                    (B) Expenditure deadline.--
                          (i) In general.--Not later than 1 year after 
                      receiving grant funds under this subsection, an 
                      eligible entity shall expend the grant funds.
                          (ii) <<NOTE: Certification.>>  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--

[[Page 134 STAT. 2139]]

                                    (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

[[Page 134 STAT. 2140]]

        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);

[[Page 134 STAT. 2141]]

                          (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;

[[Page 134 STAT. 2142]]

                          (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) <<NOTE: Time period.>> 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) <<NOTE: Notice.>>  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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>>  Processing.--
                          (i) In general.--Not later than 90 days after 
                      receiving an application under subparagraph (A), 
                      the Assistant Secretary shall approve or deny the 
                      application.
                          (ii) Denial.--The Assistant Secretary may deny 
                      an application submitted under subparagraph (A) 
                      only if--
                                    (I) the Assistant Secretary provides 
                                the applicant an opportunity to cure any 
                                defects in the application; and
                                    (II) after receiving the opportunity 
                                under subclause (I), the applicant still 
                                fails to meet the requirements of this 
                                section.
                    (C) Single application.--An eligible entity or 
                covered partnership may submit only 1 application under 
                this paragraph.
                    (D) Proposed use of funds.--An application submitted 
                by an eligible entity or a covered partnership under 
                this paragraph shall describe each proposed use of grant 
                funds.
                    (E) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2143]]

                          (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) <<NOTE: Notice.>>  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 <<NOTE: Audit.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Certification.>> 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

[[Page 134 STAT. 2144]]

                                    (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 <<NOTE: Determination.>> 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) <<NOTE: Deadline. Time period.>>  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. <<NOTE: Recommenda- tions.>> 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).

[[Page 134 STAT. 2145]]

                         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. <<NOTE: Applicability. 41 USC 6301 note prec.>>  
                          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

[[Page 134 STAT. 2146]]

                      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) <<NOTE: Effective date. 15 USC 9042 note.>>  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) <<NOTE: 15 USC 9042 note.>>  Rule of construction.--The 
        amendments made under paragraph (1) shall not be construed to 
        affect obligations incurred by the Department of the Treasury 
        before January 1, 2021.
SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

    Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is amended, in 
the matter preceding paragraph (1), by striking ``Amounts'' and 
inserting ``Notwithstanding any other provision of law, amounts''.
SEC. 1005. TERMINATION OF AUTHORITY.

    Section 4029 of the CARES Act (15 U.S.C. 9063) is amended--
            (1) in subsection (a), by striking ``new'';
            (2) in subsection (b)(1), in the matter preceding 
        subparagraph (A), by striking ``, loan guarantee, or other 
        investment'' and inserting ``or loan guarantee made under 
        paragraph (1), (2), or (3) of section 4003(b)''; and
            (3) by adding at the end the following:

    ``(c) Federal Reserve Programs or Facilities.--
            ``(1) In general.--After December 31, 2020, the Board of 
        Governors of the Federal Reserve System and the Federal Reserve 
        banks shall not make any loan, purchase any obligation, asset, 
        security, or other interest, or make any extension of credit 
        through any program or facility established under section 13(3) 
        of the Federal Reserve Act (12 U.S.C. 343(3))

[[Page 134 STAT. 2147]]

        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. <<NOTE: 12 USC 343 note.>>  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

[[Page 134 STAT. 2148]]

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 <<NOTE: Applicabilities.>> 

                         IMMIGRATION EXTENSIONS

    Sec. 101. <<NOTE: 8 USC 1324a note.>>   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. <<NOTE: 8 USC 1101 note.>>   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. <<NOTE: 8 USC 1182 note.>>   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. <<NOTE: 8 USC 1153 note.>>   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 <<NOTE: Consultation. Determination. 8 USC 1184 note.>> .  
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) <<NOTE: Ante, p. 700.>>  is amended by 
striking ``House of Representatives majority leader'' and inserting 
``Speaker of the House of Representatives''.

[[Page 134 STAT. 2149]]

   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. <<NOTE: Applicability. 7 USC 1636i note.>>  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. <<NOTE: Applicability. 16 USC 3831c note.>>  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) <<NOTE: 19 USC 3472 and note, 3473; 22 USC 290m--290m-
        5, 290m-7.>>  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).

[[Page 134 STAT. 2150]]

            (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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2151]]

                seventh proviso by striking ``(subject to section 
                508(b)(2)(B) of the Tariff Act of 1930)'' and inserting 
                ``(subject to section 208(e) of that Act)''.

    (d) Retention of Records.--
            (1) In general.--Section 508 of the Tariff Act of 1930 (19 
        U.S.C. 1508) is amended by inserting after subsection (b) the 
        following:

    ``(c) Period of Time.--The records required by subsection (a) shall 
be kept for such periods of time as the Secretary shall prescribe, 
except that--
            ``(1) no period of time for the retention of the records 
        required under subsection (a) may exceed 5 years from the date 
        of entry, filing of a reconciliation, or exportation, as 
        appropriate; and
            ``(2) records for any drawback claim shall be kept until the 
        3rd anniversary of the date of liquidation of the claim.''.
            (2) Conforming amendment.--Section 313(r)(3)(B) of the 
        Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by 
        striking ``section 508(c)(3)'' and inserting ``section 
        508(c)(2)''.

    (e) Reliquidation of Entries.--Section 520(d) of the Tariff Act of 
1930 (19 U.S.C. 1520(d)) is amended by striking ``(except with respect 
to any merchandise processing fees)''.
    (f) Protective Orders.--Section 777(f) of the Tariff Act of 1930 (19 
U.S.C. 1677f(f)) is amended--
            (1) in the subsection heading, by striking ``the the'' and 
        inserting ``the''; and
            (2) in paragraph (1), by striking subparagraph (A) and 
        inserting the following:
                    ``(A) <<NOTE: Records.>>  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

[[Page 134 STAT. 2152]]

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) <<NOTE: 19 USC 81c note.>>  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) <<NOTE: Definition.>> 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'';

[[Page 134 STAT. 2153]]

                    (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))''.

[[Page 134 STAT. 2154]]

    (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) <<NOTE: 19 USC 2578b note.>>  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) <<NOTE: Appointment. Determination.>>  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 <<NOTE: Ante, p. 533.>>  
        (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

[[Page 134 STAT. 2155]]

        as an emergency requirement pursuant to the Balanced Budget and 
        Emergency Deficit Control Act of 1985 are designated by the 
        Congress as an emergency requirement pursuant to section 
        251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985.

    (b) Definition of Covered Funds.--Section 15010(a)(6) of division B 
of the Coronavirus, Aid, Relief, and Economic Security Act (Public Law 
116-136) <<NOTE: Ante, p. 553.>>  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) <<NOTE: 8 USC 1255 note.>>  is 
amended by striking ``1 year'' and inserting ``2 years''.

TITLE X-- <<NOTE: Clean Up the Code Act of 2019.>> CLEAN UP THE CODE ACT 
OF 2019
SEC. 1001. <<NOTE: 18 USC 1 note.>>  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) <<NOTE: 18 USC 1821 prec. and 1821.>>  Chapter 89--
        Professions and Occupations.
            (9) Section 1921 relating to receiving Federal employees' 
        compensation after marriage.

[[Page 134 STAT. 2156]]

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, <<NOTE: 18 USC 1 prec.>>  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, <<NOTE: 18 USC 41 prec.>>  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, <<NOTE: 18 USC 470 prec.>>  
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, <<NOTE: 18 USC 700 prec.>>  
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, <<NOTE: 18 USC 1901 prec.>>  
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) <<NOTE: Ante, p. 577.>>  is amended--
            (1) by striking ``The Secretary'' and all that follows 
        through ``per month,'' and inserting the following:

    ``(a) <<NOTE: Time period.>>   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) <<NOTE: Ante, p. 578.>>  is amended--
            (1) by striking ``The Library of Congress'' and all that 
        follows through ``per month,'' and inserting the following:

[[Page 134 STAT. 2157]]

    ``(a) <<NOTE: Time period.>>   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) <<NOTE: 31 USC 781 note.>>  
        is amended--
                    (A) by striking ``The Government'' and all that 
                follows through ``per month,'' and inserting the 
                following:

    ``(a) <<NOTE: Time period.>>   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. <<NOTE: Applicability.>>  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''.

[[Page 134 STAT. 2158]]

    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 <<NOTE: Ante, p. 4020.>>  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.-- <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2159]]

scorecards established pursuant to paragraphs (4) and (5) of section 
4(d) of such Act shall be zero.

    DIVISION P <<NOTE: National Bio and Agro-Defense Facility Act of 
2020.>> --NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
SEC. 1. <<NOTE: 7 USC 9201 note.>>  SHORT TITLE.

    This division may be cited as the ``National Bio and Agro-Defense 
Facility Act of 2020''.
SEC. 2. <<NOTE: 7 USC 9201.>>  DEFINITIONS.

    In this Act:
            (1) Animal.--The term ``animal'' has the meaning given the 
        term in section 10403 of the Animal Health Protection Act (7 
        U.S.C. 8302).
            (2) Transboundary disease.--The term ``transboundary 
        disease'' has the meaning given the term in section 12203(a) of 
        the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
            (3) Veterinary countermeasure.--The term ``veterinary 
        countermeasure'' has the meaning given the term in section 10403 
        of the Animal Health Protection Act (7 U.S.C. 8302).
SEC. 3. <<NOTE: 7 USC 9202.>>  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

[[Page 134 STAT. 2160]]

            (8) <<NOTE: Vaccines.>>  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. <<NOTE: 7 USC 9203.>>  EVALUATION AND RESEARCH PLAN.

    (a) <<NOTE: Time period. Coordination.>>  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) <<NOTE: Update. Publication.>>  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) <<NOTE: Publication. Public information.>>  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. <<NOTE: 7 USC 9204.>>  AVAILABILITY OF DATA AND 
                    CONGRESSIONAL BRIEFINGS.

    (a) <<NOTE: Reports.>>  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

[[Page 134 STAT. 2161]]

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) <<NOTE: Coordination.>>  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. <<NOTE: 7 USC 9205.>>  BUDGET AND REPORT.

    (a) <<NOTE: Plan.>>  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

[[Page 134 STAT. 2162]]

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. <<NOTE: 7 USC 9206.>>  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) <<NOTE: 42 USC 1437a note.>>  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

[[Page 134 STAT. 2163]]

        practice to keep families and individuals safe and to protect 
        health; and
            (11) in order to safeguard the health and well-being of 
        tenants in federally assisted housing, the Federal Government 
        should consider best practices for primary prevention of carbon 
        monoxide-related incidents.

    (b) Public Housing, Tenant-based Assistance, and Project-based 
Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et 
seq.) is amended--
            (1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the 
        end the following:
            ``(8) Carbon monoxide alarms.--Each public housing agency 
        shall ensure that carbon monoxide alarms or detectors are 
        installed in each dwelling unit in public housing owned or 
        operated by the public housing agency in a manner that meets or 
        exceeds--
                    ``(A) the standards described in chapters 9 and 11 
                of the 2018 publication of the International Fire Code, 
                as published by the International Code Council; or
                    ``(B) any other standards as may be adopted by the 
                Secretary, including any relevant updates to the 
                International Fire Code, through a notice published in 
                the Federal Register.''; and
            (2) in section 8 (42 U.S.C. 1437f)--
                    (A) by inserting after subsection (i) the following:

    ``(j) Carbon Monoxide Alarms.--Each owner of a dwelling unit 
receiving project-based assistance under this section shall ensure that 
carbon monoxide alarms or detectors are installed in the dwelling unit 
in a manner that meets or exceeds--
            ``(1) the standards described in chapters 9 and 11 of the 
        2018 publication of the International Fire Code, as published by 
        the International Code Council; or
            ``(2) any other standards as may be adopted by the 
        Secretary, including any relevant updates to the International 
        Fire Code, through a notice published in the Federal 
        Register.''; and
                    (B) in subsection (o), by adding at the end the 
                following:
            ``(21) Carbon monoxide alarms.--Each dwelling unit receiving 
        tenant-based assistance or project-based assistance under this 
        subsection shall have carbon monoxide alarms or detectors 
        installed in the dwelling unit in a manner that meets or 
        exceeds--
                    ``(A) the standards described in chapters 9 and 11 
                of the 2018 publication of the International Fire Code, 
                as published by the International Code Council; or
                    ``(B) any other standards as may be adopted by the 
                Secretary, including any relevant updates to the 
                International Fire Code, through a notice published in 
                the Federal Register.''.

    (c) Supportive Housing for the Elderly.--Section 202(j) of the 
Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end 
the following:
            ``(9) Carbon monoxide alarms.--Each owner of a dwelling unit 
        assisted under this section shall ensure that carbon monoxide 
        alarms or detectors are installed in the dwelling unit in a 
        manner that meets or exceeds--

[[Page 134 STAT. 2164]]

                    ``(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

[[Page 134 STAT. 2165]]

        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) <<NOTE: 42 USC 1437a note.>>  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) <<NOTE: 12 USC 1701q note.>>  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) <<NOTE: 42 USC 1437a note.>>  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.-- <<NOTE: Consultation. Public information. Reports.>> 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) <<NOTE: Definition.>>  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:

[[Page 134 STAT. 2166]]

            ``(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. <<NOTE: 42 USC 11389.>>  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.-- <<NOTE: Procedures.>> 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

[[Page 134 STAT. 2167]]

                to eligible youth, and (iii) have submitted to the 
                Secretary a statement describing how the agency will 
                connect assisted youths with local community resources 
                and self-sufficiency services, to the extent they are 
                available, and obtain referrals from public child 
                welfare agencies regarding youths in foster care who 
                become eligible for such assistance.'';
                    (C) by redesignating paragraph (5) as paragraph (6); 
                and
                    (D) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Requirements for assistance for youth aging out of 
        foster care.--Assistance provided under this subsection for an 
        eligible youth pursuant to paragraph (2)(B) shall be subject to 
        the following requirements:
                    ``(A) Requirements to extend assistance.--
                          ``(i) Participation in family self-
                      sufficiency.--In the case of a public housing 
                      agency that is providing such assistance under 
                      this subsection on behalf of an eligible youth and 
                      that is carrying out a family self-sufficiency 
                      program under section 23, the agency shall, 
                      subject only to the availability of such 
                      assistance, extend the provision of such 
                      assistance for up to 24 months beyond the period 
                      referred to in paragraph (2)(B), but only during 
                      such period that the youth is in compliance with 
                      the terms and conditions applicable under section 
                      23 and the regulations implementing such section 
                      to a person participating in a family self-
                      sufficiency program.
                          ``(ii) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2168]]

                          ``(iii) <<NOTE: Time period. Certification.>>  
                      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) <<NOTE: Requirement.>>  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.

[[Page 134 STAT. 2169]]

                    ``(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) <<NOTE: Requirement.>>  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.-- <<NOTE: Determination.>> 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.--

[[Page 134 STAT. 2170]]

            (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) <<NOTE: 42 USC 1437a note.>>  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. <<NOTE: 42 USC 11382 note.>>  HOMELESS ASSISTANCE 
                          GRANTS.

    (a) <<NOTE: Time period.>>  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) <<NOTE: 12 USC 1715z-13a note.>>  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 134 STAT. 2171]]

            (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) <<NOTE: 12 USC 1715z-13a note.>>  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) <<NOTE: Evaluation.>>  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

[[Page 134 STAT. 2172]]

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) <<NOTE: Recommenda- tions.>>  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.

[[Page 134 STAT. 2173]]

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) <<NOTE: Time period. Public information. Web posting.>>  
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) <<NOTE: Recommenda- tions.>>  any legislative 
        recommendations of the Commission.
SEC. 108. <<NOTE: 12 USC 1811 note.>>  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;

[[Page 134 STAT. 2174]]

                    (B) destructive malware attacks;
                    (C) denial of service activities; and
                    (D) any other efforts that may threaten the 
                functions of the banking regulator or entities overseen 
                by the regulator by undermining cybersecurity and the 
                resilience of the financial system;
            (2) activities to ensure the effective implementation of 
        policies and procedures described under paragraph (1), 
        including--
                    (A) the appointment of qualified staff, the 
                provision of staff training, the use of accountability 
                measures to support staff performance, and the 
                designation, if any, of senior appointed leadership to 
                strengthen accountability for oversight of cybersecurity 
                measures within each banking regulator and among 
                regulated entities;
                    (B) deployment of adequate resources and 
                technologies;
                    (C) efforts of the banking regulators to respond to 
                cybersecurity-related findings and recommendations of 
                the Inspector General of the banking regulator or the 
                independent evaluation described under section 3555 of 
                title 42, United States Code;
                    (D) industry efforts to respond to cybersecurity-
                related findings and recommendations of the banking 
                regulators;
                    (E) as appropriate, efforts to strengthen 
                cybersecurity in coordination with other Federal 
                departments and agencies, domestic and foreign financial 
                institutions, and other partners, including the 
                development and dissemination of best practices 
                regarding cybersecurity and the sharing of threat 
                information; and
            (3) any current or emerging threats that are likely to pose 
        a risk to the resilience of the financial system.

    (b) Form of Report.--The report required under subsection (a) shall 
be submitted in unclassified form, but may include a classified annex, 
if appropriate.
    (c) Congressional Briefing.--Upon request, the head of each banking 
regulator shall provide a detailed briefing to the appropriate Members 
of Congress on each report submitted pursuant to subsection (a), 
except--
            (1) the Chairman of the Board of Governors of the Federal 
        Reserve System may designate another member of the Board of 
        Governors of the Federal Reserve System to provide such 
        briefing;
            (2) the Chairperson of the Federal Deposit Insurance 
        Corporation may designate another member of the Board of 
        Directors of the Corporation to provide such briefing; and
            (3) the Chairman of the National Credit Union Administration 
        may designate another member of the National Credit Union 
        Administration Board to provide such briefing.

    (d) Definitions.--For the purposes of this section:
            (1) Appropriate members of congress.--The term ``appropriate 
        Members of Congress'' means the following:
                    (A) The Chairman and Ranking Member of the Committee 
                on Financial Services of the House of Representatives.
                    (B) The Chairman and Ranking Member of the Committee 
                on Banking, Housing, and Urban Affairs of the Senate.

[[Page 134 STAT. 2175]]

            (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. <<NOTE: 18 USC 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

[[Page 134 STAT. 2176]]

                          ``(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, <<NOTE: 18 USC 2311 prec.>>  is 
amended by inserting after the item relating to section 2319B the 
following:

``2319C. Illicit digital transmission services.''.

SEC. 212. <<NOTE: Copyright Alternative in Small-Claims 
                          Enforcement Act of 2020.>>  COPYRIGHT 
                          SMALL CLAIMS.

    (a) <<NOTE: 17 USC 101 note.>>  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:

[[Page 134 STAT. 2177]]

``CHAPTER 15-- <<NOTE: 17 USC 1501 prec.>> 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. <<NOTE: 17 USC 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. <<NOTE: 17 USC 1502.>>  Copyright Claims Board

    ``(a) <<NOTE: Establishment.>>  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) <<NOTE: Recommenda- tions.>>  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). <<NOTE: Appointment. Consultation.>> 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.--

[[Page 134 STAT. 2178]]

                          ``(i) In general.--Each Copyright Claims 
                      Officer shall be an attorney who has not fewer 
                      than 7 years of legal experience.
                          ``(ii) Experience.--Two of the Copyright 
                      Claims Officers shall--
                                    ``(I) have substantial experience in 
                                the evaluation, litigation, or 
                                adjudication of copyright infringement 
                                claims; and
                                    ``(II) between those 2 Officers, 
                                have represented or presided over a 
                                diversity of copyright interests, 
                                including those of both owners and users 
                                of copyrighted works.
                          ``(iii) Alternative dispute resolution.--The 
                      Copyright Claims Officer not described in clause 
                      (ii) shall have substantial familiarity with 
                      copyright law and experience in the field of 
                      alternative dispute resolution, including the 
                      resolution of litigation matters through that 
                      method of resolution.
                    ``(B) Copyright claims attorneys.--Each Copyright 
                Claims Attorney shall be an attorney who has not fewer 
                than 3 years of substantial experience in copyright law.
            ``(4) Compensation.--
                    ``(A) Copyright claims officers.--
                          ``(i) Definition.--In this subparagraph, the 
                      term `senior level employee of the Federal 
                      Government' means an employee, other than an 
                      employee in the Senior Executive Service, the 
                      position of whom is classified above GS-15 of the 
                      General Schedule.
                          ``(ii) Pay range.--Each Copyright Claims 
                      Officer shall be compensated at a rate of pay that 
                      is not less than the minimum, and not more than 
                      the maximum, rate of pay payable for senior level 
                      employees of the Federal Government, including 
                      locality pay, as applicable.
                    ``(B) Copyright claims attorneys.--Each Copyright 
                Claims Attorney shall be compensated at a rate of pay 
                that is not more than the maximum rate of pay payable 
                for level 10 of GS-15 of the General Schedule, including 
                locality pay, as applicable.
            ``(5) Terms.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                Copyright Claims Officer shall serve for a renewable 
                term of 6 years.
                    ``(B) Initial terms.--The terms for the first 
                Copyright Claims Officers appointed under this chapter 
                shall be as follows:
                          ``(i) The first such Copyright Claims Officer 
                      appointed shall be appointed for a term of 4 
                      years.
                          ``(ii) The second Copyright Claims Officer 
                      appointed shall be appointed for a term of 5 
                      years.
                          ``(iii) The third Copyright Claims Officer 
                      appointed shall be appointed for a term of 6 
                      years.
            ``(6) Vacancies and incapacity.--
                    ``(A) Vacancy.--
                          ``(i) <<NOTE: Recommenda- 
                      tion. Consultation.>>  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

[[Page 134 STAT. 2179]]

                      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) <<NOTE: Recommenda- 
                tion. Consultation. Appointment.>>  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. <<NOTE: 17 USC 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) <<NOTE: Determinations.>>  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) <<NOTE: Requirement.>>  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.

[[Page 134 STAT. 2180]]

                    ``(H) <<NOTE: Public information.>>  To provide 
                information to the public concerning the procedures and 
                requirements of the Copyright Claims Board.
                    ``(I) <<NOTE: Records. Certification. Public 
                information.>>  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.

[[Page 134 STAT. 2181]]

    ``(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. <<NOTE: 17 USC 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) <<NOTE: Deadline.>>  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) <<NOTE: Determinations. Regulations.>>  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).

[[Page 134 STAT. 2182]]

            ``(2) A claim for a declaration of noninfringement of an 
        exclusive right in a copyrighted work provided under section 
        106, consistent with section 2201 of title 28.
            ``(3) A claim under section 512(f) for misrepresentation in 
        connection with a notification of claimed infringement or a 
        counter notification seeking to replace removed or disabled 
        material, except that any remedies relating to such a claim in a 
        proceeding before the Copyright Claims Board shall be limited to 
        those available under this chapter.
            ``(4) A counterclaim that is asserted solely against the 
        claimant in a proceeding--
                    ``(A) pursuant to which the counterclaimant seeks 
                damages, if any, within the limitations set forth in 
                subsection (e)(1); and
                    ``(B) that--
                          ``(i) arises under section 106 or section 
                      512(f) and out of the same transaction or 
                      occurrence that is the subject of a claim of 
                      infringement brought under paragraph (1), a claim 
                      of noninfringement brought under paragraph (2), or 
                      a claim of misrepresentation brought under 
                      paragraph (3); or
                          ``(ii) arises under an agreement pertaining to 
                      the same transaction or occurrence that is the 
                      subject of a claim of infringement brought under 
                      paragraph (1), if the agreement could affect the 
                      relief awarded to the claimant.
            ``(5) A legal or equitable defense under this title or 
        otherwise available under law, in response to a claim or 
        counterclaim asserted under this subsection.
            ``(6) A single claim or multiple claims permitted under 
        paragraph (1), (2), or (3) by 1 or more claimants against 1 or 
        more respondents, but only if all claims asserted in any 1 
        proceeding arise out of the same allegedly infringing activity 
        or continuous course of infringing activities and do not, in the 
        aggregate, result in the recovery of such claim or claims for 
        damages that exceed the limitations under subsection (e)(1).

    ``(d) Excluded Claims.--The following claims and counterclaims are 
not subject to determination by the Copyright Claims Board:
            ``(1) A claim or counterclaim that is not a permissible 
        claim or counterclaim under subsection (c).
            ``(2) A claim or counterclaim that has been finally 
        adjudicated by a court of competent jurisdiction or that is 
        pending before a court of competent jurisdiction, unless that 
        court has granted a stay to permit that claim or counterclaim to 
        proceed before the Copyright Claims Board.
            ``(3) A claim or counterclaim by or against a Federal or 
        State governmental entity.
            ``(4) A claim or counterclaim asserted against a person or 
        entity residing outside of the United States, except in a case 
        in which the person or entity initiated the proceeding before 
        the Copyright Claims Board and is subject to counterclaims under 
        this chapter.

    ``(e) Permissible Remedies.--
            ``(1) Monetary recovery.--
                    ``(A) Actual damages, profits, and statutory damages 
                for infringement.--With respect to a claim or

[[Page 134 STAT. 2183]]

                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) <<NOTE: Determination. Requirement.>>  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--

[[Page 134 STAT. 2184]]

                          ``(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) <<NOTE: Records.>>  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. <<NOTE: 17 USC 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) <<NOTE: Determination.>>  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) <<NOTE: Time periods. Notice.>>  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

[[Page 134 STAT. 2185]]

        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) <<NOTE: Deadline. Applicability.>>  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. <<NOTE: 17 USC 1506.>>  Conduct of proceedings

    ``(a) In General.--
            ``(1) <<NOTE: Regulations.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2186]]

        proceedings and who provides such representation on a pro bono 
        basis.

    ``(e) <<NOTE: Regulations.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Notifications. Compliance.>>  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) <<NOTE: Notification. Deadlines.>>  If the 
                claim is found not to comply, the claimant shall be 
                notified that the claim is deficient and be permitted to 
                file an amended claim not later than 30 days after the 
                date on which the claimant receives the notice, without 
                the requirement of an additional filing fee. If the 
                claimant files a compliant claim within that 30-day 
                period, the claimant shall be so notified and be 
                instructed to proceed with service of the claim. If the 
                claim is refiled within that 30-day period and still 
                fails to comply, the claimant shall again be notified 
                that the claim is deficient and shall be provided a 
                second opportunity to amend the claim not later than 30 
                days after the date of that second notice, without the 
                requirement of an additional filing fee. If the claim is 
                refiled again within that second 30-day period and is 
                compliant, the claimant shall be so notified and shall 
                be instructed to proceed with service of the claim, but 
                if the claim still fails to comply, upon confirmation of 
                such noncompliance by a Copyright Claims Officer, the 
                proceeding shall be dismissed without prejudice. The 
                Copyright Claims Board shall also dismiss without 
                prejudice any proceeding in which a compliant claim is 
                not filed within the applicable 30-day period.
                    ``(C)(i) Subject to clause (ii), for purposes of 
                this paragraph, a claim against an online service 
                provider for infringement by reason of the storage of or 
                referral or linking to infringing material that may be 
                subject to the limitations on liability set forth in 
                subsection (b), (c), or (d) of section 512 shall be 
                considered noncompliant unless the claimant affirms in 
                the statement required under subsection (e)(1) of this 
                section that the claimant has previously notified the 
                service provider of the claimed infringement in 
                accordance with subsection (b)(2)(E), (c)(3), or (d)(3) 
                of section 512, as applicable, and the service provider 
                failed to remove or disable access to the material 
                expeditiously upon the provision of such notice.

[[Page 134 STAT. 2187]]

                    ``(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) <<NOTE: Notifications. Deadlines.>>  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) <<NOTE: Deadline.>>  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. <<NOTE: Records. Waiver. Regulations.>>  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. <<NOTE: Requirements.>>  Such regulations shall 
include the following requirements:
            ``(1) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2188]]

        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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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) <<NOTE: Requirements. Regulations.>>  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. <<NOTE: Public information.>>  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) <<NOTE: Waiver. Notification. Regulations.>>  In order 
        to request a waiver of personal service, the claimant may notify 
        a respondent, by first class mail or by

[[Page 134 STAT. 2189]]

        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) <<NOTE: Notice. Records.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period. Regulations.>>  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

[[Page 134 STAT. 2190]]

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) <<NOTE: Regulations.>>  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) <<NOTE: Records.>>  Conferences.--One or more Copyright Claims 
Officers may hold a conference to address case management or discovery 
issues in a proceeding, which shall be noted upon the record of the 
proceeding and may be recorded or transcribed.

    ``(m) Party Submissions.--A proceeding of the Copyright Claims Board 
may not include any formal motion practice, except that, subject to 
applicable regulations and procedures of the Copyright Claims Board--
            ``(1) the parties to the proceeding may make requests to the 
        Copyright Claims Board to address case management and discovery 
        matters, and submit responses thereto; and
            ``(2) the Copyright Claims Board may request or permit 
        parties to make submissions addressing relevant questions of 
        fact or law, or other matters, including matters raised sua 
        sponte by the Copyright Claims Officers, and offer responses 
        thereto.

    ``(n) <<NOTE: Regulations.>>  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.

[[Page 134 STAT. 2191]]

    ``(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) <<NOTE: Records.>>  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

[[Page 134 STAT. 2192]]

        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) <<NOTE: Public information. Web posting.>>  
        Publication.--Each final determination of the Copyright Claims 
        Board shall be made available on a publicly accessible 
        website. <<NOTE: Regulations.>>  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) <<NOTE: Requirements. Regulations. Determination.>>  
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) <<NOTE: Review.>>  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) <<NOTE: Notification.>>  If the Copyright Claims Board 
        makes an affirmative determination under paragraph (1), the 
        Copyright Claims Board

[[Page 134 STAT. 2193]]

        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. <<NOTE: Time 
        period.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Deadline.>>  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,

[[Page 134 STAT. 2194]]

the Copyright Claims Board shall either deny the request or issue an 
amended final determination.

    ``(x) <<NOTE: Deadline. Regulations.>>  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. <<NOTE: Fees.>>  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) <<NOTE: Regulations. Requirements.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  Regulations for Smaller Claims.--The 
Register of Copyrights shall establish regulations to provide for the 
consideration

[[Page 134 STAT. 2195]]

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) <<NOTE: Regulations.>>  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) <<NOTE: Procedures.>>  set forth procedures 
                for preemptively opting out of proceedings before the 
                Copyright Claims Board; and
                    ``(B) <<NOTE: Requirement. Public 
                information. List.>>  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. <<NOTE: 17 USC 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

[[Page 134 STAT. 2196]]

        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) <<NOTE: Notice.>>  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. <<NOTE: 17 USC 1508.>>  Review and confirmation by 
                  district court

    ``(a) <<NOTE: Deadline.>>  In General.--In any proceeding in which a 
party has failed to pay damages, or has failed otherwise to comply with

[[Page 134 STAT. 2197]]

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) <<NOTE: Certification. Records.>>  A certified 
                copy of the final or amended final determination of the 
                Copyright Claims Board, as reflected in the records of 
                the Copyright Claims Board, following any process of 
                reconsideration or review by the Register of Copyrights, 
                to be confirmed and rendered to judgment.
                    ``(B) A declaration by the applicant, under penalty 
                of perjury--
                          ``(i) that the copy is a true and correct copy 
                      of such determination;
                          ``(ii) stating the date the determination was 
                      issued;
                          ``(iii) stating the basis for the challenge 
                      under subsection (c)(1); and
                          ``(iv) stating whether the applicant is aware 
                      of any other proceedings before the court 
                      concerning the same determination of the Copyright 
                      Claims Board.

    ``(c) Challenges to the Determination.--
            ``(1) <<NOTE: Deadlines.>>  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:

[[Page 134 STAT. 2198]]

                    ``(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. <<NOTE: 17 USC 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. <<NOTE: 17 USC 1510.>>  Implementation by Copyright 
                  Office

    ``(a) Regulations.--
            ``(1) <<NOTE: Fees.>>  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) <<NOTE: Time periods.>>  Limits on monetary relief.--

[[Page 134 STAT. 2199]]

                    ``(A) <<NOTE: Regulations.>>  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) <<NOTE: Regulations.>>  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. <<NOTE: 17 USC 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, <<NOTE: 17 USC 101 prec.>>  is amended by adding at the end 
the following:

``15. Copyright Small Claims.....................................1501''.

    (d) <<NOTE: 17 USC 1502 note.>>  Implementation.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2200]]

            (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) <<NOTE: 17 USC 1501 note.>>  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 <<NOTE: Trademark Modernization Act of 2020.>> --Trademarks
SEC. 221. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 15 USC 1051 note.>>  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. <<NOTE: 15 USC 1051 note.>>  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'').

[[Page 134 STAT. 2201]]

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) <<NOTE: Records. Determination.>>  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. <<NOTE: Deadline.>>  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. <<NOTE: Regulations. Procedures.>>  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) <<NOTE: 15 USC 1051 note.>>  Deadline for Procedures.--Not later 
than 1 year after the date of enactment of this Act, the Director shall 
establish the appropriate procedures described in section 1(f) of the 
Trademark Act of 1946, as added by subsection (a).

    (c) <<NOTE: 15 USC 1051 note.>>  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) <<NOTE: Notification. Regulations.>>  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. <<NOTE: Fees.>>  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

[[Page 134 STAT. 2202]]

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. <<NOTE: 15 USC 1066a.>>  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) <<NOTE: Statement.>>  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) <<NOTE: Fees.>>  be accompanied by the fee prescribed 
        by the Director.

    ``(c) Initial Determination; Institution.--
            ``(1) Prima facie case determination, institution, and 
        notification.-- <<NOTE: Notice.>> 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. <<NOTE: Records.>>  Such notice shall include a copy 
        of the petition and any supporting documents and evidence that 
        were included with the petition.
            ``(2) <<NOTE: Regulations.>>  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

[[Page 134 STAT. 2203]]

        any evidence in any other proceeding, except as provided in 
        subsection (j).

    ``(d) <<NOTE: Regulations.>>  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 <<NOTE: Time period.>> ) 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. <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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. <<NOTE: Notification.>>  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

[[Page 134 STAT. 2204]]

        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) <<NOTE: Time period.>>  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 134 STAT. 2205]]

    (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. <<NOTE: 15 USC 1066b.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Statement.>>  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) <<NOTE: Fees.>>  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. <<NOTE: Records.>>  Such notice 
        shall include a copy of the petition and any supporting 
        documents and evidence that were included with the petition.

[[Page 134 STAT. 2206]]

            ``(2) <<NOTE: Regulations.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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. <<NOTE: Notification.>>  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.

[[Page 134 STAT. 2207]]

            ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Regulations. 15 USC 1066a note.>>  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).

[[Page 134 STAT. 2208]]

    (g) <<NOTE: Time period. 15 USC 1064 note.>>  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) <<NOTE: 15 USC 1116 note.>>  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) <<NOTE: Consultation. Time period.>>  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) <<NOTE: Assessment.>>  Contents of Study.--In conducting the 
study under subsection (a), the Comptroller General shall assess the 
following:
            (1) With respect to sections 16A and 16B of the Trademark 
        Act of 1946, as added by section 225--
                    (A) the number of petitions filed under each such 
                section for which a decision not to institute was 
                issued;
                    (B) the number of petitions filed under each such 
                section for which a decision to institute was issued;
                    (C) the number of in-process and completed 
                proceedings instituted under each such section, 
                including any proceedings instituted by the Director's 
                own initiative;
                    (D) the average time taken to resolve proceedings 
                instituted under each such section, including the 
                average time between--
                          (i) the filing of a petition under each such 
                      section and an examiner's final decision under 
                      section 16A(g) and 16B(g), or the last decision 
                      issued by the examiner if the registrant failed to 
                      respond to the latest-in-time decision by the 
                      examiner; and
                          (ii) the institution of a proceeding under 
                      each such section, including any proceedings 
                      instituted by the Director's own initiative, and 
                      an examiner's final decision under section 16A(g) 
                      and 16B(g), or the last decision issued by the 
                      examiner if the registrant failed

[[Page 134 STAT. 2209]]

                      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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2210]]

        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) <<NOTE: 15 USC 1068 note.>>  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-- <<NOTE: Protecting our Infrastructure of Pipelines and 
    Enhancing Safety Act of 2020.>> PROTECTING OUR INFRASTRUCTURE OF 
PIPELINES AND ENHANCING SAFETY ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 49 USC 60101 note.>>  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.

[[Page 134 STAT. 2211]]

               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. <<NOTE: 49 USC 60101 note.>>  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--

[[Page 134 STAT. 2212]]

                          ``(i) $3,000,000 shall be used to carry out 
                      section 12 of the Pipeline Safety Improvement Act 
                      of 2002 (49 U.S.C. 60101 note; Public Law 107-
                      355); and
                          ``(ii) $11,000,000 shall be used for making 
                      grants;
                    ``(B) $27,650,000 for fiscal year 2022, of which--
                          ``(i) $3,000,000 shall be used to carry out 
                      section 12 of the Pipeline Safety Improvement Act 
                      of 2002 (49 U.S.C. 60101 note; Public Law 107-
                      355); and
                          ``(ii) $12,000,000 shall be used for making 
                      grants; and
                    ``(C) $28,700,000 for fiscal year 2023, of which--
                          ``(i) $3,000,000 shall be used to carry out 
                      section 12 of the Pipeline Safety Improvement Act 
                      of 2002 (49 U.S.C. 60101 note; Public Law 107-
                      355); and
                          ``(ii) $13,000,000 shall be used for making 
                      grants.
            ``(3) Underground natural gas storage facility safety 
        account.--From fees collected under section 60302, there is 
        authorized to be appropriated to the Secretary to carry out 
        section 60141 $8,000,000 for each of fiscal years 2021 through 
        2023.
            ``(4) Recruitment and retention.--From amounts made 
        available to the Secretary under paragraphs (1) and (2), the 
        Secretary shall use--
                    ``(A) $ 1,520,000 to carry out section 102(b)(1) of 
                the PIPES Act of 2020, of which--
                          ``(i) $1,292,000 shall be from amounts made 
                      available under paragraph (1)(A); and
                          ``(ii) $228,000 shall be from amounts made 
                      available under paragraph (2)(A);
                    ``(B) $2,300,000 to carry out section 102(b)(2)(A) 
                of the PIPES Act of 2020, of which--
                          ``(i) $1,955,000 shall be from amounts made 
                      available under paragraph (1)(A); and
                          ``(ii) $345,000 shall be from amounts made 
                      available under paragraph (2)(A);
                    ``(C) $1,600,000 to carry out section 102(b)(2)(B) 
                of the PIPES Act of 2020, of which--
                          ``(i) $1,360,000 shall be from amounts made 
                      available under paragraph (1)(B); and
                          ``(ii) $240,000 shall be from amounts made 
                      available under paragraph (2)(B);
                    ``(D) $1,800,000 to carry out section 102(b)(2)(C) 
                of the PIPES Act of 2020, of which--
                          ``(i) $ 1,530,000 shall be from amounts made 
                      available under paragraph (1)(C); and
                          ``(ii) $270,000 shall be from amounts made 
                      available under paragraph (2)(C);
                    ``(E) $2,455,000 to carry out section 102(c) of the 
                PIPES Act of 2020 in fiscal year 2021, of which--
                          ``(i) $2,086,750 shall be from amounts made 
                      available under paragraph (1)(A); and
                          ``(ii) $368,250 shall be from amounts made 
                      available under paragraph (2)(A);
                    ``(F) $2,455,000 to carry out section 102(c) of the 
                PIPES Act of 2020 in fiscal year 2022, of which--
                          ``(i) $2,086,750 shall be from amounts made 
                      available under paragraph (1)(B); and

[[Page 134 STAT. 2213]]

                          ``(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.

[[Page 134 STAT. 2214]]

            ``(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. <<NOTE: 49 USC 60101 note.>>  PIPELINE WORKFORCE 
                          DEVELOPMENT.

    (a) <<NOTE: Deadline.>>  Inspector Training.--Not later than 1 year 
after the date of enactment of this Act, the Administrator shall--
            (1) <<NOTE: Review.>>  review the inspector training 
        programs provided at the Inspector Training and Qualifications 
        Division of the Administration in Oklahoma City, Oklahoma; and
            (2) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2215]]

                    (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. <<NOTE: 49 USC 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) <<NOTE: Procedures.>>  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) <<NOTE: Reimbursement.>>  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, <<NOTE: 49 USC 60301 prec.>>  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:

[[Page 134 STAT. 2216]]

``Sec. 60142. <<NOTE: 49 USC 60142.>>  Pipeline safety enhancement 
                    programs

    ``(a) <<NOTE: Evaluation.>>  In General.--The Secretary may 
establish and carry out limited safety-enhancing testing programs to 
evaluate innovative technologies and operational practices testing the 
safe operation of--
            ``(1) a natural gas pipeline facility; or
            ``(2) a hazardous liquid pipeline facility.

    ``(b) Limitations.--
            ``(1) In general.--Testing programs established under 
        subsection (a) may not exceed--
                    ``(A) 5 percent of the total miles of hazardous 
                liquid pipelines in the United States that are regulated 
                by--
                          ``(i) the Pipeline and Hazardous Materials 
                      Safety Administration; or
                          ``(ii) a State authority under section 60105 
                      or 60106; and
                    ``(B) 5 percent of the total miles of natural gas 
                pipelines in the United States that are regulated by--
                          ``(i) the Pipeline and Hazardous Materials 
                      Safety Administration; or
                          ``(ii) a State authority under section 60105 
                      or 60106.
            ``(2) Operator mileage limitation.--The Secretary shall 
        limit the miles of pipelines that each operator can test under 
        each program established under subsection (a) to the lesser of--
                    ``(A) 38 percent of the total miles of pipelines in 
                the system of the operator that are regulated by--
                          ``(i) the Pipeline and Hazardous Materials 
                      Safety Administration; or
                          ``(ii) a State authority under section 60105 
                      or 60106; or
                    ``(B) 1,000 miles.
            ``(3) Prohibited areas.--Any program established under 
        subsection (a) shall not be located in--
                    ``(A) a high population area (as defined in section 
                195.450 of title 49, Code of Federal Regulations (or a 
                successor regulation));
                    ``(B) a high consequence area (as defined in section 
                192.903 of title 49, Code of Federal Regulations (or a 
                successor regulation)); or
                    ``(C) an unusually sensitive area (as described 
                under subsection (a)(1)(B)(ii) of section 60109 in 
                accordance with subsection (b) of that section).
            ``(4) High consequence areas for hazardous liquid 
        pipelines.--
                    ``(A) <<NOTE: Reports.>>  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

[[Page 134 STAT. 2217]]

                      (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) <<NOTE: Requirement.>>  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.

[[Page 134 STAT. 2218]]

            ``(2) <<NOTE: Web posting.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Federal Register, publication. Time period.>>  
        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) <<NOTE: Deadline.>>  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) <<NOTE: Federal Register, publication.>>  
                publish the order in the Federal Register; and
                    ``(B) respond to each comment submitted under 
                paragraph (1).

[[Page 134 STAT. 2219]]

    ``(k) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Regulations.>>  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, <<NOTE: 49 USC 60101 prec.>>  is amended 
by inserting after the item relating to section 60141 the following:

``60142. Pipeline safety enhancement programs.''.

SEC. 105. <<NOTE: Reports.>>  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 134 STAT. 2220]]

            (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) <<NOTE: Deadline. Federal Register, publication. Public 
        information. Web posting.>>  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--

[[Page 134 STAT. 2221]]

                    (A) the date that the outstanding mandate was 
                submitted to the Office of the Secretary for review;
                    (B) <<NOTE: Time period.>>  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) <<NOTE: Timeline.>>  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) <<NOTE: Statement.>>  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) <<NOTE: Requirements.>>  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;

[[Page 134 STAT. 2222]]

                    ``(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) <<NOTE: Recommenda- tion. Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Web posting.>>  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) <<NOTE: Review. Public 
                                information. Web posting.>>  review 
                                information on pipeline enforcement 
                                actions that the Pipeline and Hazardous 
                                Materials Safety Administration makes 
                                publicly available on the internet; and
                                    ``(II) <<NOTE: Recommenda- tions.>>  
                                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) <<NOTE: Assessments.>>  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;

[[Page 134 STAT. 2223]]

                                    ``(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. <<NOTE: 49 USC 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) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of the PIPES Act of 2020, the 
        Secretary shall

[[Page 134 STAT. 2224]]

        promulgate regulations prescribing the applicability of the 
        pipeline safety requirements to idled natural or other gas 
        transmission and hazardous liquid pipelines.
            ``(2) Requirements.--
                    ``(A) In general.--The applicability of the 
                regulations under paragraph (1) shall be based on the 
                risk that idled natural or other gas transmission and 
                hazardous liquid pipelines pose to the public, property, 
                and the environment, and shall include requirements to 
                resume operation.
                    ``(B) <<NOTE: Verification.>>  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 <<NOTE: 49 USC 60101 prec.>>  (as amended 
by section 104(b)), is amended by inserting after the item relating to 
section 60142 the following:

``60143. Idled pipelines.''.

SEC. 110. <<NOTE: 49 USC 60103 note.>>  UPDATES TO STANDARDS FOR 
                          LIQUEFIED NATURAL GAS FACILITIES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 3 years after 
the date of enactment of this Act, the Secretary shall--
            (1) <<NOTE: Review.>>  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

[[Page 134 STAT. 2225]]

            (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) <<NOTE: Assessment.>>  to conduct a hazard assessment, 
        including the identification of potential sources of accidental 
        releases;
            (3)(A) <<NOTE: Consultation.>>  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) <<NOTE: Review.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Reviews.>>  to conduct pre-start-up safety 
        reviews of all newly installed or modified equipment;
            (13) <<NOTE: Procedures.>>  to establish and implement 
        written procedures to manage change to processes of liquefied 
        natural gas conversion, storage, and transport, technology, 
        equipment, and facilities; and

[[Page 134 STAT. 2226]]

            (14)(A) <<NOTE: Investigation.>>  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) <<NOTE: Review.>>  review any findings of an 
                investigation under subparagraph (A); and
                    (ii) if appropriate, take responsive measures.

    (d) Submission and Approval.--
            (1) <<NOTE: Implementation plan.>>  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) <<NOTE: Regulations.>>  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. <<NOTE: 49 USC 60103 note.>>  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--

[[Page 134 STAT. 2227]]

                    (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) <<NOTE: Consultation.>>  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) <<NOTE: Cost estimate.>>  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) <<NOTE: Determination.>>  In general.--The Center shall 
        be located in close proximity to critical LNG transportation 
        infrastructure on, and

[[Page 134 STAT. 2228]]

        connecting to, the Gulf of Mexico, as determined by the 
        Secretary.
            (2) <<NOTE: Determination.>>  Considerations.--In 
        determining the location of the Center, the Secretary shall--
                    (A) take into account the strategic value of 
                locating resources in close proximity to LNG facilities; 
                and
                    (B) locate the Center in the State with the largest 
                LNG production capacity, as determined by the total 
                capacity (in billion cubic feet per day) of LNG 
                production authorized by the Federal Energy Regulatory 
                Commission under section 3 of the Natural Gas Act (15 
                U.S.C. 717b) as of the date of enactment of this Act.

    (f) <<NOTE: Oklahoma.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  Study.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) <<NOTE: Review.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline. Regulations.>>  In general.--Not 
        later than 1 year after the date of enactment of this 
        subsection, the Secretary shall promulgate

[[Page 134 STAT. 2229]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Surveys.>>  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

[[Page 134 STAT. 2230]]

                                    ``(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--

[[Page 134 STAT. 2231]]

                          ``(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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Updates. 49 USC 60108 note.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  describes the results of 
                the study conducted under paragraph (1), including an 
                evaluation of the procedures

[[Page 134 STAT. 2232]]

                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) <<NOTE: Recommenda- tions.>>  provides 
                recommendations for how to further minimize releases of 
                natural gas from pipeline facilities without 
                compromising pipeline safety based on observations and 
                information obtained through the study conducted under 
                paragraph (1).
            (3) <<NOTE: Publication. Reports.>>  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) <<NOTE: 49 USC 60103 note.>>  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) <<NOTE: Recommenda- 
                tion. Timeline. Determination.>>  recommending a 
                timeline for updating pipeline safety regulations, as 
                the Secretary determines to be appropriate, to address 
                the matters described in subparagraph (A).
            (2) <<NOTE: Deadline. Updates.>>  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. <<NOTE: 49 USC 60109 note.>>  CONSIDERATION OF PIPELINE 
                          CLASS LOCATION CHANGES.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  review all comments submitted in 
        response to the advance notice of proposed rulemaking entitled 
        ``Pipeline

[[Page 134 STAT. 2233]]

        Safety: Class Location Change Requirements'' (83 Fed. Reg. 36861 
        (July 31, 2018));
            (2) complete any other activities or procedures necessary--
                    (A) <<NOTE: Determination.>>  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) <<NOTE: Applicability. Time period.>>  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) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2234]]

            ``(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. <<NOTE: 49 USC 60102 note.>>  INTERSTATE DRUG AND 
                          ALCOHOL OVERSIGHT.

    (a) <<NOTE: Deadline. Audits.>>  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) <<NOTE: Contracts.>>  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;

[[Page 134 STAT. 2235]]

            (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) <<NOTE: Deadline. 49 USC 60109 note.>>  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) <<NOTE: Procedures. Assessment.>>  Considerations.--In 
        carrying out this subsection, each operator shall implement 
        procedures that assess potential impacts by maritime equipment 
        or other vessels, including anchors, anchor chains, or any other 
        attached equipment.''.

[[Page 134 STAT. 2236]]

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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  
                      recommendations based on that study, if any.''.
SEC. 123. <<NOTE: 49 USC 60101 note.>>  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

[[Page 134 STAT. 2237]]

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 <<NOTE: Leonel Rondon Pipeline Safety Act.>> --LEONEL RONDON 
PIPELINE SAFETY ACT
SEC. 201. <<NOTE: 49 USC 60101 note.>>  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) <<NOTE: Deadline. Regulations.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Records.>>  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

[[Page 134 STAT. 2238]]

                                    ``(III) the procedural manual for 
                                operations, maintenance, and emergencies 
                                under section 60102(d)(4).
                          ``(ii) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  
                                            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) <<NOTE: Notice.>>  
                                            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;

[[Page 134 STAT. 2239]]

                                    ``(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) <<NOTE: Determination.>>  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) <<NOTE: 49 USC 60105 note.>>  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) <<NOTE: 49 USC 60105 note.>>  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) <<NOTE: Deadline. Updates. Regulations. Procedures. Determination.>> 
 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

[[Page 134 STAT. 2240]]

developed by an operator of a distribution system under subsection 
(d)(5), includes written procedures for--
            ``(1) establishing communication with first responders and 
        other relevant public officials, as soon as practicable, 
        beginning from the time of confirmed discovery, as determined by 
        the Secretary, by the operator of a gas pipeline emergency 
        involving a release of gas from a distribution system of that 
        operator that results in--
                    ``(A) a fire related to an unintended release of 
                gas;
                    ``(B) an explosion;
                    ``(C) 1 or more fatalities; or
                    ``(D) the unscheduled release of gas and shutdown of 
                gas service to a significant number of customers, as 
                determined by the Secretary;
            ``(2) establishing general public communication through an 
        appropriate channel--
                    ``(A) as soon as practicable, as determined by the 
                Secretary, after a gas pipeline emergency described in 
                paragraph (1); and
                    ``(B) that provides information regarding--
                          ``(i) the emergency described in subparagraph 
                      (A); and
                          ``(ii) the status of public safety; and
            ``(3) the development and implementation of a voluntary, 
        opt-in system that would allow operators of distribution systems 
        to rapidly communicate with customers in the event of an 
        emergency.''.
SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

    Section 60102 of title 49, United States Code (as amended by section 
203), is amended by adding at the end the following:
    ``(s) <<NOTE: Deadline. Updates. Regulations. Procedures.>>  
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) <<NOTE: Procedure.>>  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) <<NOTE: Review. Certification.>>  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. <<NOTE: 49 USC 60103 note.>>  PIPELINE SAFETY MANAGEMENT 
                          SYSTEMS.

    (a) <<NOTE: Reports.>>  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

[[Page 134 STAT. 2241]]

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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Deadlines. Regulations. Requirements.>>  Other 
Pipeline Safety Practices.--

[[Page 134 STAT. 2242]]

            ``(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) <<NOTE: Determination. Evaluation.>>  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

[[Page 134 STAT. 2243]]

                      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) <<NOTE: Determination.>>  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. <<NOTE: Utilizing Significant Emissions with Innovative 
                          Technologies Act.>>  ENCOURAGING 
                          PROJECTS TO REDUCE EMISSIONS.

    (a) <<NOTE: 42 USC 4321 note.>>  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

[[Page 134 STAT. 2244]]

                                    (II) by striking ``Such strategies 
                                and technologies shall be developed'' 
                                and inserting the following:
            ``(2) Participation requirement.--Such strategies and 
        technologies described in paragraph (1) shall be developed''; 
        and
                          (iii) in the first sentence, by striking ``In 
                      carrying out'' and inserting the following:
            ``(1) In general.--In carrying out''; and
                    (D) by adding at the end the following:
            ``(6) Certain carbon dioxide activities.--
                    ``(A) In general.--In carrying out paragraph (3)(A) 
                with respect to carbon dioxide, the Administrator--
                          ``(i) is authorized to carry out the 
                      activities described in subparagraph (B); and
                          ``(ii) shall carry out the activities 
                      described in subparagraph (C).
                    ``(B) Direct air capture research.--
                          ``(i) Definitions.--In this subparagraph:
                                    ``(I) Board.--The term `Board' means 
                                the Direct Air Capture Technology 
                                Advisory Board established by clause 
                                (iii)(I).
                                    ``(II) Dilute.--The term `dilute' 
                                means a concentration of less than 1 
                                percent by volume.
                                    ``(III) Direct air capture.--
                                            ``(aa) In general.--The term 
                                        `direct air capture', with 
                                        respect to a facility, 
                                        technology, or system, means 
                                        that the facility, technology, 
                                        or system uses carbon capture 
                                        equipment to capture carbon 
                                        dioxide directly from the air.
                                            ``(bb) Exclusion.--The term 
                                        `direct air capture' does not 
                                        include any facility, 
                                        technology, or system that 
                                        captures carbon dioxide--
                                                ``(AA) that is 
                                            deliberately released from a 
                                            naturally occurring 
                                            subsurface spring; or
                                                ``(BB) using natural 
                                            photosynthesis.
                                    ``(IV) Intellectual property.--The 
                                term `intellectual property' means--
                                            ``(aa) an invention that is 
                                        patentable under title 35, 
                                        United States Code; and
                                            ``(bb) any patent on an 
                                        invention described in item 
                                        (aa).
                          ``(ii) Technology prizes.--
                                    
                                ``(I) <<NOTE: Deadline. Consultation.>>  
                                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--

[[Page 134 STAT. 2245]]

                                                ``(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) <<NOTE: Notice. Time 
                                        period.>>  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) <<NOTE: Appointment.>>  
                                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

[[Page 134 STAT. 2246]]

                                                ``(BB) shall be filled 
                                            in the same manner as the 
                                            original appointment was 
                                            made.
                                    ``(IV) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2247]]

                          ``(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) <<NOTE: Consultation. Public 
                      information. Recommenda- tions.>>  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:

__________
---------------------------------------------------------------------------

    Note: See Part 2 for pages 134 Stat. 2248 through 134 Stat. 3305.

[[Page 2247]]



                  CONSOLIDATED APPROPRIATIONS ACT, 2021

                                     

                                     

                                     

                                     



__________

    * Editorial note: Part 2 contains pages 134 Stat. 2248 through 134 
Stat. 3305.

[[Page 134 STAT. 2248]]

  
  

                                     

``SEC. 969. <<NOTE: 42 USC 16298.>>  CARBON UTILIZATION PROGRAM.

    ``(a) <<NOTE: Consultation.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Evaluation.>>  identify and evaluate novel 
        uses for carbon (including conversion of carbon oxides) that, on 
        a full lifecycle basis, achieve a permanent reduction, or 
        avoidance of a net increase, in carbon dioxide in the 
        atmosphere, for use in commercial and industrial products such 
        as--
                    ``(A) chemicals;
                    ``(B) plastics;
                    ``(C) building materials;
                    ``(D) fuels;
                    ``(E) cement;
                    ``(F) products of coal utilization in power systems 
                or in other applications; and
                    ``(G) other products with demonstrated market value;
            ``(3) identify and assess carbon capture technologies for 
        industrial systems; and
            ``(4) identify and assess alternative uses for coal that 
        result in zero net emissions of carbon dioxide or other 
        pollutants, including products derived from carbon engineering, 
        carbon fiber, and coal conversion methods.

    ``(c) Prioritization.--In supporting demonstration and 
commercialization research under the program described in subsection 
(a), the Secretary shall prioritize consideration of projects that--
            ``(1) have access to a carbon dioxide emissions stream 
        generated by a stationary source in the United States that is 
        capable of supplying not less than 250 metric tons per day of 
        carbon dioxide for research;
            ``(2) have access to equipment for testing small-scale 
        carbon dioxide utilization technologies, with onsite access to 
        larger test bays for scale-up; and
            ``(3) have 1 or more existing partnerships with a National 
        Laboratory, an institution of higher education, a private 
        company, or a State or other government entity.

    ``(d) Coordination.--The Secretary shall coordinate the activities 
authorized under this section with the activities authorized in section 
969A as part of a single consolidated program of the Department.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000, to 
remain available until expended.''.
            (2) Study.--

[[Page 134 STAT. 2249]]

                    (A) <<NOTE: Consultation. Contracts. Assessments.>>  
                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) <<NOTE: Analysis.>>  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) <<NOTE: Analysis.>>  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;

[[Page 134 STAT. 2250]]

                          (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) <<NOTE: 42 USC 4370m note.>>  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

[[Page 134 STAT. 2251]]

                      maintaining a process that is completed in an 
                      expeditious manner.
                    (B) Report.--
                          (i) <<NOTE: Consultation.>>  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) <<NOTE: Inventory.>>  
                                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) <<NOTE: Inventory.>>  
                                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) <<NOTE: Public information.>>  
                                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

[[Page 134 STAT. 2252]]

                                    (II) as soon as practicable, make 
                                the report publicly available.
                    (C) Guidance.--
                          (i) <<NOTE: Deadline.>>  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 134 STAT. 2253]]

                                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) <<NOTE: Public information.>>  
                                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) <<NOTE: Reports. Recommenda- 
                                tions.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Criteria.>>  
                                        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;

[[Page 134 STAT. 2254]]

                                                (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;

[[Page 134 STAT. 2255]]

                                    (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) <<NOTE: Recommenda- tions.>>  
                                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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tion.>>  
                                submit to Congress a recommendation as 
                                to whether the task forces should 
                                continue.
SEC. 103. <<NOTE: American Innovation and Manufacturing Act of 
                          2020. 42 USC 7675.>>  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

[[Page 134 STAT. 2256]]

                    (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:


[[Page 134 STAT. 2257]]



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

            (2) Review.--The Administrator may--
                    (A) review the exchange values listed in the table 
                contained in paragraph (1) on a periodic basis; and
                    (B) subject to notice and opportunity for public 
                comment, adjust the exchange values solely on the basis 
                of--
                          (i) the best available science; and
                          (ii) other information consistent with widely 
                      used or commonly accepted existing exchange 
                      values.
            (3) Other regulated substances.--
                    (A) In general.--Subject to notice and opportunity 
                for public comment, the Administrator may designate a 
                substance not included in the table contained in 
                paragraph (1) as a regulated substance if--
                          (i) the substance--
                                    (I) is a chemical substance that is 
                                a saturated hydrofluorocarbon; and
                                    (II) has an exchange value, as 
                                determined by the Administrator in 
                                accordance with the basis described in 
                                paragraph (2)(B), of greater than 53; 
                                and
                          (ii) the designation of the substance as a 
                      regulated substance would be consistent with the 
                      purposes of this section.

[[Page 134 STAT. 2258]]

                    (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) <<NOTE: Determination.>>  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) <<NOTE: Notification.>>  
                                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.--

[[Page 134 STAT. 2259]]

                    (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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  the average annual 
                      quantity of all regulated substances consumed in 
                      the United States during the period--
                                    (I) beginning on January 1, 2011; 
                                and
                                    (II) ending on December 31, 2013; 
                                and
                          (ii) the quantity equal to the sum of--
                                    (I) 15 percent of the consumption 
                                level of hydrochlorofluorocarbons in 
                                calendar year 1989; and
                                    (II) 0.42 percent of the consumption 
                                level of chlorofluorocarbons in calendar 
                                year 1989.
                    (D) Exchange values.--
                          (i) In general.--For purposes of establishing 
                      the baselines pursuant to subparagraphs (B) and 
                      (C), the Administrator shall use the exchange 
                      values listed in the table contained in subsection 
                      (c)(1) for regulated substances and the following 
                      exchange values for hydrochlorofluorocarbons and 
                      chlorofluorocarbons:


----------------------------------------------------------------------------------------------------------------
                                                     Table 2
-----------------------------------------------------------------------------------------------------------------
                                                                                                       Exchange
                       Chemical Name                                      Common Name                   Value
----------------------------------------------------------------------------------------------------------------
CHFC12                                                      HCFC-21                                          151
----------------------------------------------------------------------------------------------------------------
CHF2C1                                                       HCFC-22                                        1810
----------------------------------------------------------------------------------------------------------------
C2HF3C12                                                    HCFC-123                                          77
----------------------------------------------------------------------------------------------------------------
C2HF4C1                                                     HCFC-124                                         609
----------------------------------------------------------------------------------------------------------------

[[Page 134 STAT. 2260]]

 
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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2261]]

                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) <<NOTE: Effective date. Applicability.>>  
                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 Base-     Percentage of Consumption
                      Date                                     line                          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) <<NOTE: Deadline. Determination.>>  
                      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.-- <<NOTE: Deadline. Public comment.>> 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

[[Page 134 STAT. 2262]]

                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) <<NOTE: Effective date. Allocation. Time 
                      period.>>  In general.--Beginning on the date of 
                      enactment of this Act and subject to paragraphs 
                      (2) and (3) and clauses (ii) and (iii), the 
                      Administrator may, by rule, after considering 
                      technical achievability, commercial demands, 
                      affordability for residential and small business 
                      consumers, safety, and other relevant factors, 
                      including overall economic costs and environmental 
                      impacts compared to historical trends, allocate a 
                      quantity of allowances for a period of not more 
                      than 5 years for the production and consumption of 
                      a regulated substance exclusively for the use of 
                      the regulated substance in an application, if--
                                    (I) no safe or technically 
                                achievable substitute will be available 
                                during the applicable period for that 
                                application; and
                                    (II) the supply of the regulated 
                                substance that manufacturers or users of 
                                the regulated substance for that 
                                application are capable of securing from 
                                chemical manufacturers, as authorized 
                                under paragraph (2)(A), including any 
                                quantities of a regulated substance 
                                available from production or import, is 
                                insufficient to accommodate the 
                                application.
                          (ii) Petition.--If the Administrator receives 
                      a petition requesting the designation of an 
                      application as an essential use under clause (i), 
                      the Administrator shall--
                                    (I) <<NOTE: Deadline. Public 
                                information.>>  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) <<NOTE: Public 
                                        comment.>>  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

[[Page 134 STAT. 2263]]

                                    (II) <<NOTE: Deadline.>>  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) <<NOTE: Time period. Effective 
                                date.>>  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) <<NOTE: Determination.>>  
                                Requirement.--The allocation of 
                                allowances under subclause (I) shall be 
                                determined through a rulemaking.
                          (v) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  
                                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

[[Page 134 STAT. 2264]]

        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) <<NOTE: Time period.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2265]]

                          (ii) include a showing by the petitioner that 
                      there are data to support the petition.
                    (C) Timelines.--
                          (i) <<NOTE: Deadlines.>>  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) <<NOTE: Public 
                                        information.>>  make the 
                                        complete petition available to 
                                        the public; and
                                            (bb) <<NOTE: Public 
                                        comment.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  Insufficient 
                information.--If the Administrator determines that the 
                data included under subparagraph

[[Page 134 STAT. 2266]]

                (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) <<NOTE: Deadlines. Time period.>>  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) <<NOTE: Deadline. Public comment. Regulations.>>  
        Transfers.--Not later than 270 days after the date of enactment 
        of this Act, which shall include a period of notice and 
        opportunity for public comment, the Administrator shall 
        promulgate a final regulation that governs the transfer of 
        allowances for the production of regulated substances under 
        subsection (e)(3)(A) that uses--
                    (A) the applicable exchange values described in the 
                table contained in subsection (c)(1); or
                    (B) the exchange value described in the rule 
                designating the substance as a regulated substance under 
                subsection (c)(3).
            (2) Requirements.--The final rule promulgated pursuant to 
        paragraph (1) shall--
                    (A) ensure that the transfers under this subsection 
                will result in greater total reductions in the 
                production of regulated substances in each year than 
                would occur during the year in the absence of the 
                transfers;
                    (B) permit 2 or more persons to transfer production 
                allowances if the transferor of the allowances will be 
                subject, under the final rule, to an enforceable and 
                quantifiable reduction in annual production that--
                          (i) exceeds the reduction otherwise applicable 
                      to the transferor under this section;
                          (ii) exceeds the quantity of production 
                      represented by the production allowances 
                      transferred to the transferee; and

[[Page 134 STAT. 2267]]

                          (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) <<NOTE: Regulations. Determination.>>  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

[[Page 134 STAT. 2268]]

                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) <<NOTE: Publication.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Federal Register, publication.>>  
                      Explanation.--If the Administrator denies a 
                      petition under subparagraph (B), the Administrator 
                      shall publish in the Federal Register an 
                      explanation of the denial.
                          (ii) <<NOTE: Deadline.>>  Final rule.--If the 
                      Administrator grants a petition under subparagraph 
                      (B), the Administrator shall promulgate a final 
                      rule not later than 2 years

[[Page 134 STAT. 2269]]

                      after the date on which the Administrator grants 
                      the petition.
                          (iii) <<NOTE: Deadline. Public information.>>  
                      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) <<NOTE: Public information.>>  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

[[Page 134 STAT. 2270]]

                          (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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  not later than 1 year after 
                the date of enactment of this Act, promulgate a final 
                rule to carry out this subsection; and

[[Page 134 STAT. 2271]]

                    (B) <<NOTE: Time period. Review.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Applicability. Time period.>>  
                      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.

[[Page 134 STAT. 2272]]

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

  TITLE <<NOTE: Smithsonian American Women's History Museum Act.>>  I--
SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT
SEC. 101. <<NOTE: 20 USC 80t note.>>  SHORT TITLE.

    This title may be cited as the ``Smithsonian American Women's 
History Museum Act''.
SEC. 102. <<NOTE: 20 USC 80t.>>  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.

[[Page 134 STAT. 2273]]

SEC. 103. <<NOTE: 20 USC 80t-1.>>  ESTABLISHMENT OF MUSEUM.

    (a) <<NOTE: Consultation.>>  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. <<NOTE: 20 USC 80t-2.>>  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--

[[Page 134 STAT. 2274]]

                    (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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2275]]

                    (C) 6 members shall be appointed for a term of 3 
                years.
            (3) Reappointment.--A member of the Council may be 
        reappointed, except that no individual may serve on the Council 
        for a total of more than 2 terms. For purposes of this 
        paragraph, the number of terms an individual serves on the 
        Council shall not include any portion of a term for which an 
        individual is appointed to fill a vacancy under paragraph 
        (4)(B).
            (4) Vacancies.--
                    (A) In general.--A vacancy on the Council--
                          (i) shall not affect the powers of the 
                      Council; and
                          (ii) shall be filled in the same manner as the 
                      original appointment was made.
                    (B) Term.--Any member of the Council appointed to 
                fill a vacancy occurring before the expiration of the 
                term for which the member's predecessor was appointed 
                shall be appointed for the remainder of that term.

    (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), a 
        member of the Council shall serve without pay.
            (2) Travel expenses.--A member of the Council shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for an employee of an agency 
        under subchapter I of chapter 57 of title 5, United States Code, 
        while away from the home or regular place of business of the 
        member in the performance of the duties of the Council.

    (f) Chairperson.--By a majority vote of its voting members, the 
Council shall elect a chairperson from its members.
    (g) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        chairperson or on the written request of a majority of the 
        voting members of the Council, but not fewer than twice each 
        year.
            (2) <<NOTE: Time period.>>  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. <<NOTE: Appointments. 20 USC 80t-3.>>  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,

[[Page 134 STAT. 2276]]

relating to classification of positions and General Schedule pay rates.
SEC. 106. <<NOTE: 20 USC 80t-4.>>  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. <<NOTE: 20 USC 80t-5.>>  BUILDING.

    (a) Location.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: District of Columbia.>>  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) <<NOTE: Cost estimate.>>  An estimate of the 
                costs associated with each potential site.
                    (B) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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.

[[Page 134 STAT. 2277]]

                          (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. <<NOTE: 20 USC 80t-6.>>  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.

[[Page 134 STAT. 2278]]

SEC. 109. <<NOTE: 20 USC 80t-7.>>  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. <<NOTE: 20 USC 80u.>>  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.--

[[Page 134 STAT. 2279]]

            (1) Establishment.--There is established within the 
        Smithsonian Institution a museum to be known as the ``National 
        Museum of the American Latino''.
            (2) Purposes.--The purposes of the Museum are--
                    (A) to illuminate the story of the United States for 
                the benefit of all by featuring Latino contributions; 
                and
                    (B) to provide for--
                          (i) the collection, study, research, 
                      publication, and establishment of exhibitions and 
                      programs relating to Latino life, art, history, 
                      and culture that encompass--
                                    (I) Latino contributions to the 
                                early history of what now encompasses 
                                the United States of America and its 
                                territories;
                                    (II) Latino contributions in the 
                                armed services from the earliest days of 
                                the American Revolution to current 
                                military activities in defense of our 
                                freedoms;
                                    (III) Latino contributions to the 
                                freedom, well-being, and economic 
                                prosperity of all people in the United 
                                States through historical movements;
                                    (IV) entrepreneurial and charitable 
                                activities of Latinos;
                                    (V) contributions by Latinos to--
                                            (aa) the social, natural, 
                                        and physical sciences; and
                                            (bb) art, history, and 
                                        culture, including food, music, 
                                        dance, film, theater, sports, 
                                        and other forms of popular 
                                        culture in the United States; 
                                        and
                          (ii) collaboration between the Museum, other 
                      museums and research centers of the Smithsonian 
                      Institution, and other museums and educational 
                      institutions throughout the United States and 
                      abroad, to promote the study and appreciation of 
                      Latino life, art, history, culture, and its impact 
                      on society in the United States, including 
                      collaboration concerning joint research projects, 
                      programs, exhibitions, collection management, and 
                      training of museum staff.

    (d) Board of Trustees.--
            (1) Establishment.--There is established within the 
        Smithsonian Institution a Board of Trustees of the Museum with 
        the duties, powers, and authority specified in this subsection.
            (2) Duties.--
                    (A) In general.--The Board of Trustees--
                          (i) shall--
                                    (I) make recommendations to the 
                                Board of Regents concerning the 
                                location, planning, design, and 
                                construction of the Museum;
                                    (II) recommend annual operating 
                                budgets for the Museum to the Board of 
                                Regents;
                                    (III) adopt bylaws for the Board of 
                                Trustees;
                                    (IV) report annually to the Board of 
                                Regents on the acquisition, disposition, 
                                and display of Latino collections, 
                                objects and artifacts, and on other 
                                appropriate matters; and

[[Page 134 STAT. 2280]]

                                    (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.

[[Page 134 STAT. 2281]]

                          (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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2282]]

            (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) <<NOTE: Appointments.>>  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--

[[Page 134 STAT. 2283]]

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

    (g) National Museum of the American Latino Building and Support 
Facilities.--
            (1) In general.--
                    (A) Location.--

[[Page 134 STAT. 2284]]

                          (i) <<NOTE: Deadline.>>  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) <<NOTE: District of Columbia.>>  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) <<NOTE: Cost estimates.>>  An 
                                estimate of the costs associated with 
                                each potential site.
                                    (II) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  
                                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.

[[Page 134 STAT. 2285]]

                                    (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) <<NOTE: Consultation.>>  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) <<NOTE: Notification.>>  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

[[Page 134 STAT. 2286]]

                    (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 <<NOTE: AI in Government Act of 2020.>>  I--AI IN GOVERNMENT ACT 
OF 2020
SEC. 101. <<NOTE: 40 USC 11301 note.>>  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;

[[Page 134 STAT. 2287]]

            (4) the term ``artificial intelligence'' has the meaning 
        given the term in section 238(g) of the John S. McCain National 
        Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 
        note);
            (5) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (6) the term ``institution of higher education'' has the 
        meaning given the term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001); and
            (7) the term ``nonprofit organization'' means an 
        organization described in section 501(c)(3)of the Internal 
        Revenue Code of 1986 and exempt from taxation under section 
        501(a) of that Code.
SEC. 103. AI CENTER OF EXCELLENCE.

    (a) In General.--There is created within the General Services 
Administration a program to be known as the ``AI Center of Excellence'', 
which shall--
            (1) facilitate the adoption of artificial intelligence 
        technologies in the Federal Government;
            (2) improve cohesion and competency in the adoption and use 
        of artificial intelligence within the Federal Government; and
            (3) carry out paragraphs (1) and (2) for the purposes of 
        benefitting the public and enhancing the productivity and 
        efficiency of Federal Government operations.

    (b) Duties.--The duties of the AI CoE shall include--
            (1) regularly convening individuals from agencies, industry, 
        Federal laboratories, nonprofit organizations, institutions of 
        higher education, and other entities to discuss recent 
        developments in artificial intelligence, including the 
        dissemination of information regarding programs, pilots, and 
        other initiatives at agencies, as well as recent trends and 
        relevant information on the understanding, adoption, and use of 
        artificial intelligence;
            (2) collecting, aggregating, and publishing on a publicly 
        available website information regarding programs, pilots, and 
        other initiatives led by other agencies and any other 
        information determined appropriate by the Administrator;
            (3) advising the Administrator, the Director, and agencies 
        on the acquisition and use of artificial intelligence through 
        technical insight and expertise, as needed;
            (4) assist agencies in applying Federal policies regarding 
        the management and use of data in applications of artificial 
        intelligence;
            (5) consulting with agencies, including the Department of 
        Defense, the Department of Commerce, the Department of Energy, 
        the Department of Homeland Security, the Office of Management 
        and Budget, the Office of the Director of National Intelligence, 
        and the National Science Foundation, that operate programs, 
        create standards and guidelines, or otherwise fund internal 
        projects or coordinate between the public and private sectors 
        relating to artificial intelligence;
            (6) advising the Director on developing policy related to 
        the use of artificial intelligence by agencies; and

[[Page 134 STAT. 2288]]

            (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. <<NOTE: Deadlines.>>  GUIDANCE FOR AGENCY USE OF 
                          ARTIFICIAL INTELLIGENCE.

    (a) <<NOTE: Coordination. Consultation. Memorandum.>>  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) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Public information. Web posting.>>  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--

[[Page 134 STAT. 2289]]

            (1) a plan to achieve consistency with the memorandum; or
            (2) <<NOTE: Determination.>>  a written determination that 
        the agency does not use and does not anticipate using artificial 
        intelligence.

    (d) <<NOTE: Time period.>>  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. <<NOTE: Deadline.>>  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) <<NOTE: Timeline.>>  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 <<NOTE: DHS Overseas Personnel Enhancement Act of 2019.>> --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) <<NOTE: Deadline.>>  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) <<NOTE: Summary.>>  A detailed summary of, and 
        deployment schedule for, each type of personnel position with 
        primary duties that take

[[Page 134 STAT. 2290]]

        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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2291]]

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 <<NOTE: Synthetic Opioid Exposure Prevention and Training 
Act.>> --SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT
SEC. 301. <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 216.>>  PROTECTION AGAINST POTENTIAL 
                          SYNTHETIC OPIOID EXPOSURE.

    ``(a) <<NOTE: Procedures.>>  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) <<NOTE: Requirement.>>  In general.--Together with the 
        issuance of the policy described in subsection (a), the 
        Commissioner of U.S. Customs and Border Protection shall require 
        mandatory and recurrent training on the following:
                    ``(A) The potential risk of opioid exposure and safe 
                handling procedures for potential synthetic opioids, 
                including precautionary measures such as the use of 
                personal protective equipment during such handling.
                    ``(B) How to access and administer opioid receptor 
                antagonists, including naloxone, post-exposure to 
                potential synthetic opioids.
            ``(2) Integration.--The training described in paragraph (1) 
        may be integrated into existing training under section 411(l) 
        for U.S. Customs and Border Protection officers, agents, and 
        other personnel.

    ``(c) Personal Protective Equipment and Opioid Receptor 
Antagonists.--Together with the issuance of the policy described in 
subsection (a), the Commissioner of U.S. Customs and Border Protection 
shall ensure the availability of personal protective equipment and 
opioid receptor antagonists, including naloxone, to all

[[Page 134 STAT. 2292]]

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) <<NOTE: Audit. Time period.>>  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-- <<NOTE: Construction Consensus Procurement Improvement Act of 
2020.>> CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020
SEC. 401. <<NOTE: 41 USC 101 note.>>  SHORT TITLE.

    This title may be cited as the ``Construction Consensus Procurement 
Improvement Act of 2020''.
SEC. 402. <<NOTE: 41 USC 3309 note.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2293]]

                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) <<NOTE: Reports.>>  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.

[[Page 134 STAT. 2294]]

    (c) <<NOTE: 5 USC app. note.>>  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 <<NOTE: Counter Threats Advisory Board Act of 2019.>> --COUNTER 
THREATS ADVISORY BOARD ACT OF 2019
SEC. 601. <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 124m-1.>>  DEPARTMENTAL COORDINATION ON 
                          COUNTER THREATS.

    ``(a) <<NOTE: Time period.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Appointment.>>  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.

[[Page 134 STAT. 2295]]

                    ``(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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Briefing. 6 USC 124m-1 note.>>  Notice.--The Secretary 
of Homeland Security shall provide written notification to and brief the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
on any changes to or introductions of new mechanisms to coordinate 
threats across the Department of Homeland Security.

 TITLE VII <<NOTE: DHS Countering Unmanned Aircraft Systems Coordinator 
Act.>> --DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR 
                          ACT.

    (a) <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 195g.>>  321. COUNTERING UNMANNED AIRCRAFT 
                          SYSTEMS COORDINATOR.

    ``(a) Coordinator.--

[[Page 134 STAT. 2296]]

            ``(1) <<NOTE: Designation.>>  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.''.

[[Page 134 STAT. 2297]]

                  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 <<NOTE: DOTGOV Online Trust in Government Act of 2020.>> --
DOTGOV ACT OF 2020
SEC. 901. <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 665 note.>>  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.

[[Page 134 STAT. 2298]]

SEC. 903. <<NOTE: 6 USC 665 note.>>  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. <<NOTE: 6 USC 665 note.>>  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. <<NOTE: 6 USC 665.>>  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

[[Page 134 STAT. 2299]]

        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) <<NOTE: Consultation. Public information. Web posting.>>  
Requirements.--The Director, with the approval of the Director of the 
Office of Management and Budget for agency .gov internet domain 
requirements and in consultation with the Director of the Office of 
Management and Budget for .gov internet domain requirements for entities 
that are not agencies, shall establish and publish on a publicly 
available website requirements for the registration and operation of 
.gov internet domains sufficient to--
            ``(1) minimize the risk of .gov internet domains whose names 
        could mislead or confuse users;
            ``(2) establish that .gov internet domains may not be used 
        for commercial or political campaign purposes;
            ``(3) ensure that domains are registered and maintained only 
        by authorized individuals; and
            ``(4) limit the sharing or use of any information obtained 
        through the administration of the .gov internet domain with any 
        other Department component or any other agency for any purpose 
        other than the administration of the .gov internet domain, the 
        services described in subsection (e), and the requirements for 
        establishing a .gov inventory described in subsection (h).

    ``(d) Executive Branch.--
            ``(1) <<NOTE: Guidelines.>>  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.

[[Page 134 STAT. 2300]]

    ``(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) <<NOTE: Public information. Web posting.>>  
                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) <<NOTE: Public information. Web posting.>>  
                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;

[[Page 134 STAT. 2301]]

                          ``(ii) collect information on the use of 
                      non-.gov internet domain suffixes by State, local, 
                      Tribal, and territorial governments; and
                          ``(iii) <<NOTE: Web posting. Public 
                      information.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Consultation. Determination.>>  
                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) <<NOTE: Deadline. Consultation. Public 
                information. Web posting. 6 USC 665 note.>>  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

[[Page 134 STAT. 2302]]

                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) <<NOTE: Deadline. Time period.>>  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

[[Page 134 STAT. 2303]]

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. <<NOTE: Study. Reports.>>  RESEARCH AND DEVELOPMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Under Secretary for Science and Technology of the Department shall 
conduct a study and submit to the Director a report on mechanisms for 
improving the cybersecurity benefits of the .gov internet domain, 
including--
            (1) how information systems support operation of the .gov 
        top-level internet domain, such as the registrar portal, and how 
        these information systems can remain current with evolving 
        security trends;
            (2) how the structure of the .gov internet domain program 
        can take advantage of emerging technology and cybersecurity 
        developments; and
            (3) additional mechanisms to improve the cybersecurity of 
        the .gov internet domain.
SEC. 907. <<NOTE: Deadline. 6 USC 665 note.>>  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) <<NOTE: Plan.>>  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

[[Page 134 STAT. 2304]]

with subsection (c), the Administrator shall rescind the requirements in 
part 102-173 of title 41, Code of Federal Regulations.
    (e) <<NOTE: Time period.>>  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 <<NOTE: REAL ID Modernization Act.>> --REAL ID MODERNIZATION ACT
SEC. 1001. REAL ID MODERNIZATION.

    (a) <<NOTE: 49 USC 30101 note.>>  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 
                ``<SUP>document</SUP>'';
                    (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)--

[[Page 134 STAT. 2305]]

                          (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) <<NOTE: Regulations.>>  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) <<NOTE: Certification.>>  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.

[[Page 134 STAT. 2306]]

            (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. <<NOTE: Time period.>>  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) <<NOTE: 49 USC 30301 note.>>  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 <<NOTE: Southwest Border Security Technology Improvement Act of 
2020.>> --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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  Contents.--The analysis required under 
subsection (a) shall include an assessment of--
            (1) the technology needs and gaps along the Southwest 
        border--

[[Page 134 STAT. 2307]]

                    (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) <<NOTE: Determination.>>  any other technological 
        advancements that the Secretary determines to be critical to the 
        Department's mission along the Southwest border;
            (4) whether the use of the technological advances described 
        in paragraphs (2) and (3) will--
                    (A) improve border security;
                    (B) improve the capability of the Department to 
                accomplish its mission along the Southwest border;
                    (C) reduce technology gaps along the Southwest 
                border; and
                    (D) enhance the safety of any officer or agent of 
                the Department or any other Federal agency;
            (5) the Department's ongoing border security technology 
        development efforts, including efforts by--
                    (A) U.S. Customs and Border Protection;
                    (B) the Science and Technology Directorate; and
                    (C) the technology assessment office of any other 
                operational component;
            (6) the technology needs for improving border security, such 
        as--
                    (A) information technology or other computer or 
                computing systems data capture;
                    (B) biometrics;
                    (C) cloud storage; and
                    (D) intelligence data sharing capabilities among 
                agencies within the Department;

[[Page 134 STAT. 2308]]

            (7) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Plan.>>  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.

[[Page 134 STAT. 2309]]

    (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-- <<NOTE: Aircraft Certification, Safety, and Accountability 
Act.>> AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 49 USC 40101 note.>>  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) <<NOTE: 49 USC 44701 note.>>  Rulemaking Proceeding.--

[[Page 134 STAT. 2310]]

            (1) <<NOTE: Deadline.>>  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) <<NOTE: Requirement. Deadline.>>  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) <<NOTE: Requirements. Summary. Time period.>>  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) <<NOTE: Requirement. Determination.>>  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

[[Page 134 STAT. 2311]]

FAA), which clarifies that safety is the organization's highest 
priority.

    (g) Protection of Safety Information.--Section 44735(a) of title 49, 
United States Code, is amended--
            (1) by striking ``title 5 if the report'' and inserting the 
        following: ``title 5--
            ``(1) if the report'';
            (2) by striking the period at the end and inserting ``; 
        or''; and
            (3) by adding at the end the following:
            ``(2) if the report, data, or other information is submitted 
        to the Federal Aviation Administration pursuant to section 
        102(e) of the Aircraft Certification, Safety, and Accountability 
        Act.''.
SEC. 103. <<NOTE: 49 USC 44736 note.>>  EXPERT REVIEW OF 
                          ORGANIZATION DESIGNATION AUTHORIZATIONS 
                          FOR TRANSPORT AIRPLANES.

    (a) Expert Review.--
            (1) <<NOTE: Deadline. Recommenda- tions.>>  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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2312]]

                    (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

[[Page 134 STAT. 2313]]

                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) <<NOTE: Deadline. Web posting.>>  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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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.

[[Page 134 STAT. 2314]]

                          (ii) Nondisclosure for non-federal government 
                      participants.--
                                    (I) Non-federal government 
                                participants.-- 
                                <<NOTE: Contracts.>> 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 <<NOTE: Determination.>> 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

[[Page 134 STAT. 2315]]

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

    (b) FAA Authority.--
            (1) In general.--After reviewing the findings of the review 
        panel submitted under subsection (a)(5), the Administrator may 
        limit, suspend, or terminate an organization designation 
        authorization subject to review under this section.
            (2) Reinstatement.--The Administrator may condition 
        reinstatement of a limited, suspended, or terminated 
        organization designation authorization on the holder's 
        implementation of any corrective actions determined necessary by 
        the Administrator.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to limit the Administrator's authority to take any 
        action with respect to an organization designation 
        authorization, including limitation, suspension, or termination 
        of such authorization.

    (c) Organization Designation Authorization Process Improvements.-- 
<<NOTE: Reports.>> 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.

[[Page 134 STAT. 2316]]

    (d) <<NOTE: Deadline. Web posting.>>  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. <<NOTE: 49 USC 44701 note.>>  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) <<NOTE: Deadline. Review.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Plan.>>  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.

[[Page 134 STAT. 2317]]

    (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) <<NOTE: Deadlines.>>  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) <<NOTE: Requirement.>>  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;

[[Page 134 STAT. 2318]]

                    ``(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) <<NOTE: Assessment.>>  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) <<NOTE: Requirement.>>  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) <<NOTE: Assessment. Determination.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2319]]

                          ``(ii) with respect to the violator, the 
                      degree of culpability, any history of prior 
                      violations, and the size of the business concern.
            ``(5) Revocation and civil penalty for individuals.--
                    ``(A) In general.--The Administrator shall revoke 
                any airline transport pilot certificate issued under 
                section 44703 held by any individual who, while acting 
                on behalf of an applicant for, or holder of, a type 
                certificate, knowingly makes a false statement with 
                respect to any of the matters described in subparagraphs 
                (A) through (E) of paragraph (1).
                    ``(B) Authority to impose civil penalty.--The 
                Administrator may impose a civil penalty under section 
                46301 for each violation described in subparagraph (A).
            ``(6) Rule of construction.--Nothing in this subsection 
        shall be construed to affect or otherwise inhibit the authority 
        of the Administrator to deny an application by an applicant for 
        a type certificate or to revoke or amend a type certificate of a 
        holder of such certificate.
            ``(7) Definition of type certificate.--In this subsection, 
        the term `type certificate'--
                    ``(A) means a type certificate issued under 
                subsection (a) or an amendment to such certificate; and
                    ``(B) does not include a supplemental type 
                certificate issued under subsection (b).''.

    (b) Civil Penalty Authority.--Section 44704 of title 49, United 
States Code, is further amended by adding at the end the following:
    ``(f) Hearing Requirement.--The Administrator may find that a person 
has violated subsection (a)(6) or paragraph (1), (2), or (3) of 
subsection (e) and impose a civil penalty under the applicable 
subsection only after notice and an opportunity for a hearing. The 
Administrator shall provide a person--
            ``(1) <<NOTE: Notice.>>  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) <<NOTE: 49 USC 44704 note.>>  Required Submission of Outline of 
System Changes at the Beginning of the Certification Process.--
            (1) <<NOTE: Deadlines. Procedures.>>  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

[[Page 134 STAT. 2320]]

        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) <<NOTE: Determination.>>  The requirement under subparagraph 
(A) shall not apply if the Administrator determines the matter involved 
is a routine task.

    ``(C) <<NOTE: Definition.>>  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. <<NOTE: 49 USC 44741.>>  Approval of organization 
                    designation authorization unit members

    ``(a) <<NOTE: Effective date.>>  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. <<NOTE: Requirement.>> 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

[[Page 134 STAT. 2321]]

        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. <<NOTE: Procedures.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2322]]

        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) <<NOTE: Effective date. Time period. Determination.>>  
        In general.--Beginning on the date described in subsection (a), 
        an ODA holder shall maintain, for a period to be determined by 
        the Administrator and with proper protections to ensure the 
        security of sensitive and personal information--
                    ``(A) any data, applications, records, or manuals 
                required by the ODA holder's approved procedures manual, 
                as determined by the Administrator;
                    ``(B) the names, responsibilities, qualifications, 
                and example signature of each member of the ODA unit who 
                performs an authorized function pursuant to a delegation 
                by the Administrator under section 44702(d);
                    ``(C) training records for ODA unit members and ODA 
                administrators; and
                    ``(D) any other data, applications, records, or 
                manuals determined appropriate by the Administrator.
            ``(2) <<NOTE: Deadline. Time period.>>  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

[[Page 134 STAT. 2323]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: Determinations.>>  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. <<NOTE: 49 USC 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.

[[Page 134 STAT. 2324]]

    ``(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) <<NOTE: Investigation.>>  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) <<NOTE: Determinations.>>  Audits.--
            ``(1) In general.--The Administrator shall perform a 
        periodic audit of each ODA unit and its procedures.

[[Page 134 STAT. 2325]]

            ``(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

[[Page 134 STAT. 2326]]

                    (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 <<NOTE: 49 USC 44701 prec.>> , is amended--
                    (A) by striking the item relating to the second 
                section 44737 (as added by section 581 of the FAA 
                Reauthorization Act of 2018); and
                    (B) by inserting after the item relating to section 
                44739 the following new items:

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

            (3) Special rule for certain aircraft operations.--Section 
        44740 of title 49, United States Code (as redesignated by 
        paragraph (1)), is amended--
                    (A) in the heading by striking the period at the 
                end;
                    (B) in subsection (a)(1) by striking ``chapter'' and 
                inserting ``section'';
                    (C) in subsection (b)(1) by striking ``(1)'' the 
                second time it appears; and
                    (D) in subsection (c)(2) by adding a period at the 
                end.
SEC. 108. <<NOTE: 49 USC 44704 note.>>  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) <<NOTE: Appointment.>>  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,

[[Page 134 STAT. 2327]]

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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2328]]

SEC. 109. <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  initial review by 
                      appropriate Administration employees of any appeal 
                      described in subparagraph (A)(ii); and
                          ``(v) <<NOTE: Review.>>  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

[[Page 134 STAT. 2329]]

                      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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2330]]

                          ``(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) <<NOTE: Determination.>>  Any similarly 
                      situated or successor FAA management position to 
                      those described in clauses (i) through (ix), as 
                      determined by the Administrator.
                    ``(C) Major certification process milestone.--The 
                term `major certification process milestone' means a 
                milestone related to the type certification basis, type 
                certification plan, type inspection authorization, issue 
                paper, or other major type certification activity agreed 
                to by the Administrator and the type certificate 
                applicant.
            ``(4) Rule of construction.--Nothing in this subsection 
        shall apply to the communication of a good-faith complaint by 
        any individual alleging--
                    ``(A) gross misconduct;
                    ``(B) a violation of title 18; or
                    ``(C) a violation of any of the provisions of part 
                2635 or 6001 of title 5, Code of Federal Regulations.''.

    (b) Conforming Amendment.--Section 44704(a) of title 49, United 
States Code, is amended by striking paragraph (6).
SEC. 111. EMPLOYMENT RESTRICTIONS.

    (a) <<NOTE: 49 USC 44704 note.>>  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

[[Page 134 STAT. 2331]]

                      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. <<NOTE: 49 USC 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) <<NOTE: Consultation.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2332]]

        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, <<NOTE: 49 USC 44501 prec.>> is amended by inserting 
after the item relating to section 44518 the following:

``44519. Certification personnel continuing education and training.''.

SEC. 113. <<NOTE: 49 USC 44701 note.>>  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).

[[Page 134 STAT. 2333]]

            (6) <<NOTE: Review. Determination.>>  The Administrator 
        thoroughly reviews safety reports to determine whether there is 
        a safety issue, including a hazard, defect, noncompliance, 
        nonconformance, or process error.
            (7) <<NOTE: Review. Determination.>>  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) <<NOTE: Reviews.>> 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) <<NOTE: Requirements.>>  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. <<NOTE: 49 USC 44704 note.>>  SYSTEM SAFETY ASSESSMENTS 
                          AND OTHER REQUIREMENTS.

    (a) <<NOTE: Deadline. Regulations.>>  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--

[[Page 134 STAT. 2334]]

            (1) require an applicant for an amended type certificate for 
        a transport airplane to--
                    (A) perform a system safety assessment with respect 
                to each proposed design change that the Administrator 
                determines is significant, with such assessment 
                considering the airplane-level effects of individual 
                errors, malfunctions, or failures and realistic pilot 
                response times to such errors, malfunctions, or 
                failures;
                    (B) update such assessment to account for each 
                subsequent proposed design change that the Administrator 
                determines is significant;
                    (C) provide appropriate employees of the 
                Administration with the data and assumptions underlying 
                each assessment and amended assessment; and
                    (D) provide for document traceability and clarity of 
                explanations for changes to aircraft type designs and 
                system safety assessment certification documents; and
            (2) work with other civil aviation authorities representing 
        states of design to ensure such regulations remain harmonized 
        internationally.

    (c) Guidance.--Guidance or an advisory circular issued under 
subsection (a) shall, at minimum--
            (1) emphasize the importance of clear documentation of the 
        technical details and failure modes and effects of a design 
        change described in subsection (b)(1); and
            (2) ensure appropriate review of any change that results in 
        a functional hazard assessment classification of major or 
        greater, as such term is defined in FAA Advisory Circular 
        25.1309-1A (or any successor or replacement document).

    (d) FAA Review.--Appropriate employees of the Aircraft Certification 
Service and the Flight Standards Service of the Administration shall 
review each system safety assessment required under subsection 
(b)(1)(A), updated assessment required under subsection (b)(1)(B), and 
supporting data and assumptions required under subsection (b)(1)(C), to 
ensure that each such assessment sufficiently addresses the 
considerations listed in subsection (b)(1)(A).
SEC. 116. <<NOTE: 49 USC 44704 note.>>  FLIGHT CREW ALERTING.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>> 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).

[[Page 134 STAT. 2335]]

    (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. <<NOTE: 49 USC 44704 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2336]]

                          (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

[[Page 134 STAT. 2337]]

                information that is submitted for certification, 
                particularly with new design features.
                    (F) The creation, validation, and implementation of 
                analytical tools appropriate for the analysis of complex 
                system for the FAA and applicants.
                    (G) Early coordination processes with the FAA for 
                the functional hazard assessments validation and 
                preliminary system safety assessments review.
            (5) Training materials.--The Administrator shall--
                    (A) develop training materials for establishing the 
                certification basis for changed aeronautical products 
                pursuant to section 21.101 of title 14, Code of Federal 
                Regulations, applications for a new type certificate 
                pursuant to section 21.19 of such title, and the 
                regulatory guidance developed as a result of the 
                rulemaking conducted pursuant to paragraph (2); and
                    (B) procedures for disseminating such materials to 
                implementing personnel of the FAA, designees, and 
                applicants.
            (6) Certification management team defined.--In this section, 
        the term ``Certification Management Team'' means the team 
        framework under which the FAA, the European Aviation Safety 
        Agency, the Transport Canada Civil Aviation, and the National 
        Civil Aviation Agency of Brazil, manage the technical, policy, 
        certification, manufacturing, export, and continued 
        airworthiness issues common among the 4 authorities.
            (7) Deadline.--The Administrator shall finalize the actions 
        initiated under paragraph (2) not later than 3 years after the 
        date of enactment of this title.

    (c) International Leadership.--The Administrator shall exercise 
leadership within the ICAO and among other civil aviation regulators 
representing states of aircraft design to advocate for the adoption of 
an amended changed product rule on a global basis, consistent with ICAO 
standards.
SEC. 118. WHISTLEBLOWER PROTECTIONS.

    Section 42121 of title 49, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Prohibited Discrimination.--A holder of a certificate under 
section 44704 or 44705 of this title, or a contractor, subcontractor, or 
supplier of such holder, may not discharge an employee or otherwise 
discriminate against an employee with respect to compensation, terms, 
conditions, or privileges of employment because the employee (or any 
person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide (with any knowledge of the employer) or cause to be 
        provided to the employer or Federal Government information 
        relating to any violation or alleged violation of any order, 
        regulation, or standard of the Federal Aviation Administration 
        or any other provision of Federal law relating to aviation 
        safety under this subtitle or any other law of the United 
        States;
            ``(2) has filed, caused to be filed, or is about to file 
        (with any knowledge of the employer) or cause to be filed a 
        proceeding relating to any violation or alleged violation of any 
        order, regulation, or standard of the Federal Aviation 
        Administration or

[[Page 134 STAT. 2338]]

        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. <<NOTE: 49 USC 44743.>>  Pilot training requirements

    ``(a) In General.--
            ``(1) <<NOTE: Review.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2339]]

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, <<NOTE: 49 USC 44701 prec.>>  is further amended by 
adding at the end the following:

``44743. Pilot training requirements.''.

    (c) <<NOTE: 49 USC 44704 note.>>  Expert Safety Review.--
            (1) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2340]]

                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) <<NOTE: Notification. Evaluation.>>  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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2341]]

                    (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) <<NOTE: 49 USC 40104 note.>>  International Pilot Training.--
            (1) In general.--The Secretary of Transportation, the 
        Administrator, and other appropriate officials of the Government 
        shall exercise leadership in setting global standards to improve 
        air carrier pilot training and qualifications for--
                    (A) monitoring and managing the behavior and 
                performance of automated systems;
                    (B) controlling the flightpath of aircraft without 
                autoflight systems engaged;
                    (C) effectively utilizing and managing autoflight 
                systems, when appropriate;
                    (D) effectively identifying situations in which the 
                use of autoflight systems is appropriate and when such 
                use is not appropriate; and
                    (E) recognizing and responding appropriately to non-
                normal conditions.
            (2) International leadership.--The Secretary, the 
        Administrator, and other appropriate officials of the Government 
        shall exercise leadership under paragraph (1) by working with--
                    (A) foreign counterparts of the Administrator in the 
                ICAO and its subsidiary organizations;
                    (B) other international organizations and fora; and
                    (C) the private sector.
            (3) Considerations.--In exercising leadership under 
        paragraph (1), the Secretary, the Administrator, and other 
        appropriate officials of the Government shall consider--
                    (A) the latest information relating to human 
                factors;
                    (B) aircraft manufacturing trends, including those 
                relating to increased automation in the cockpit;
                    (C) the extent to which cockpit automation improves 
                aviation safety and introduces novel risks;
                    (D) the availability of opportunities for pilots to 
                practice manual flying skills;
                    (E) the need for consistency in maintaining and 
                enhancing manual flying skills worldwide;
                    (F) recommended practices of other countries that 
                enhance manual flying skills and automation management; 
                and
                    (G) whether a need exists for initial and recurrent 
                training standards for improve pilots' proficiency in 
                manual flight and in effective management of autoflight 
                systems.
            (4) Congressional briefing.--The Secretary, the 
        Administrator, and other appropriate officials of the Government 
        shall

[[Page 134 STAT. 2342]]

        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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2343]]

        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.

[[Page 134 STAT. 2344]]

                    ``(C) <<NOTE: Determination.>>  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) <<NOTE: Reports.>> 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) <<NOTE: List.>>  a list and description of all covered 
        recommendations;
            (2) <<NOTE: Determination.>>  a determination of whether the 
        Administrator concurs, concurs in part, or does not concur with 
        each covered recommendation;
            (3) <<NOTE: Implementation plan.>>  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) <<NOTE: Deadline. Establishment.>>  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) <<NOTE: Analysis.>>  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

[[Page 134 STAT. 2345]]

        actions pursued against regulated entities by such program 
        offices;
            (2) <<NOTE: Evaluation. Time period. Assessment.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Appointment.>> Chairperson.--The Executive 
        Council shall be chaired by a person, who shall be appointed by 
        the Administrator and shall report directly to the 
        Administrator.
            (3) Independence.--The Secretary of Transportation, the 
        Administrator, or any officer or employee of the Administration 
        may not prevent or prohibit the chair of the Executive Council 
        from performing the activities described in this section or from 
        reporting to Congress on such activities.
            (4) Duration.--The Executive Council shall terminate on 
        October 1, 2023.

    (d) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  Congressional Briefing.--Not later than 60 
days after the date of enactment of this title, and every 6 months 
thereafter

[[Page 134 STAT. 2346]]

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. <<NOTE: 49 USC 44516 note.>>  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) <<NOTE: Determination.>>  Other employees or 
                authorized representatives determined to be necessary by 
                the Administrator.

    (b) Transport Airplane Manufacturer Information Sharing.--The 
Administrator shall--
            (1) <<NOTE: Requirement.>>  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) <<NOTE: 49 USC 44736 note.>> 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

[[Page 134 STAT. 2347]]

        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) <<NOTE: Deadline. Requirement.>>  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) <<NOTE: Publication.>>  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. <<NOTE: 49 USC 44704 note.>>  126. HUMAN FACTORS RESEARCH.

    (a) <<NOTE: Deadline. Consultation. Coordination. Requirements.>>  
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

[[Page 134 STAT. 2348]]

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. <<NOTE: 49 USC 44513 note.>>  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.

[[Page 134 STAT. 2349]]

    (c) Avoiding Duplication of Work.--In developing or expanding the 
Center of Excellence, the Administrator shall ensure the work of the 
Center of Excellence does not duplicate or overlap with the work of any 
other established center of excellence.
    (d) Member Prioritization.--
            (1) In general.--The Administrator, when developing or 
        expanding the Center of Excellence, shall prioritize the 
        inclusion of subject-matter experts whose professional 
        experience enables them to be objective and impartial in their 
        contributions to the greatest extent possible.
            (2) Representation.--The Administrator shall require that 
        the membership of the Center of Excellence reflect a balanced 
        viewpoint across broad disciplines in the aviation industry.
            (3) Disclosure.--Any member of the Center of Excellence who 
        is a Boeing Company or FAA employee who participated in the 
        certification of the Maneuvering Characteristics Augmentation 
        System for the 737 MAX-8 airplane must disclose such involvement 
        to the FAA prior to performing any work on behalf of the FAA.
            (4) Transparency.--In developing or expanding the Center of 
        Excellence, the Administrator shall develop procedures to 
        facilitate transparency and appropriate maintenance of records 
        to the maximum extent practicable.
            (5) Coordination.--Nothing in this section shall preclude 
        coordination and collaboration between the Center of Excellence 
        developed or expanded under this section and any other 
        established center of excellence.

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator $2,000,000 for each of fiscal years 
2021 through 2023, out of funds made available under section 48102(a) of 
title 49, United States Code, to carry out this section. Amounts 
appropriated under the preceding sentence for any fiscal year shall 
remain available until expended.
SEC. 128. <<NOTE: 49 USC 44704 note.>>  PILOT OPERATIONAL 
                          EVALUATIONS.

    (a) <<NOTE: Deadline.>>  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 
                          PERFORM- 
                          ANCE 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.--

[[Page 134 STAT. 2350]]

            (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) <<NOTE: Assessments.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 49 USC 40101 note.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Appointments.>>  appoint, assign 
                      the duties, transfer, and fix the compensation of 
                      such personnel as may be necessary, in accordance 
                      with civil service laws;
                          (ii) <<NOTE: Appointments.>>  make 
                      appointments with respect to temporary and 
                      intermittent services to the extent authorized by 
                      section 3109 of title 5, United States Code;
                          (iii) <<NOTE: Contracts.>> 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;

[[Page 134 STAT. 2351]]

                          (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) <<NOTE: Regulations.>>  promulgate such 
                      rules and regulations as may be necessary and 
                      appropriate.
            (4) Director of national air grant fellowship program.--
                    (A) <<NOTE: Appointments.>>  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.

[[Page 134 STAT. 2352]]

                                    (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) <<NOTE: Reimbursement.>>  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) <<NOTE: Data.>>  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. <<NOTE: 49 USC 40101 note.>>  EMERGING SAFETY TRENDS IN 
                          AVIATION.

    (a) <<NOTE: Deadline. Contracts.>>  General.--Not later than 180 
days after the date of enactment of this title, the Administrator shall 
enter into an agreement

[[Page 134 STAT. 2353]]

with the Transportation Research Board for the purposes of developing an 
annual report identifying, categorizing, and analyzing emerging safety 
trends in air transportation.

    (b) Factors.--The emerging safety trends report should be based on 
the following data:
            (1) The National Transportation Safety Board's investigation 
        of accidents under section 1132 of title 49, United States Code.
            (2) The Administrator's investigations of accidents and 
        incidents under section 40113 of title 49, United States Code.
            (3) Information provided by air operators pursuant to safety 
        management systems.
            (4) International investigations of accidents and incidents, 
        including reports, data, and information from foreign 
        authorities and ICAO.
            (5) Other sources deemed appropriate for establishing 
        emerging safety trends in the aviation sector, including the 
        FAA's annual safety culture assessment required under subsection 
        (c).

    (c) <<NOTE: Time period. Determination.>>  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) <<NOTE: Consultation.>> 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) <<NOTE: Time periods. Consultation.>>  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.--

[[Page 134 STAT. 2354]]

                    (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) <<NOTE: Summaries. Time period.>>  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

[[Page 134 STAT. 2355]]

                          ``(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) <<NOTE: Coordination.>>  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) <<NOTE: 49 USC 40122 note.>> 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) <<NOTE: Review.>>  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--

[[Page 134 STAT. 2356]]

                    (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) <<NOTE: Coordination.>>  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. <<NOTE: 49 USC 44515 note.>>  PROMOTING AVIATION 
                          REGULATIONS FOR TECHNICAL TRAINING.

    (a) New Regulations Required.--
            (1) <<NOTE: Deadline.>>  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 134 STAT. 2357]]

                    (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).

[[Page 134 STAT. 2358]]

                    (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) <<NOTE: Procedures.>>  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,

[[Page 134 STAT. 2359]]

        granting of graduation documentation, and corrective action for 
        addressing deficiencies.

    (f) Additional Requirements.--
            (1) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Contracts. Review.>>  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) <<NOTE: Analyses. Assessments. Recommenda- tions.>>  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).

[[Page 134 STAT. 2360]]

            (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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 40101 note.>>  DEFINITIONS.

    In this title:
            (1) Administration; faa.--The terms ``Administration'' and 
        ``FAA'' mean the Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the FAA.
            (3) Congressional committees of jurisdiction.--The term 
        ``congressional committees of jurisdiction'' means the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
            (4) ICAO.--The term ``ICAO'' means the International Civil 
        Aviation Organization.
            (5) Organization designation authorization.--The term 
        ``organization designation authorization'' has the same meaning 
        given such term in section 44736(c) of title 49, United States 
        Code.
            (6) Transport airplane.--The term ``transport airplane'' 
        means a transport category airplane designed for operation by an 
        air carrier or foreign air carrier type-certificated with a 
        passenger seating capacity of 30 or more or an all-cargo or 
        combi derivative of such an airplane.
            (7) Type certificate.--The term ``type certificate''--
                    (A) means a type certificate issued pursuant to 
                section 44704(a) of title 49, United States Code, or an 
                amendment to such certificate; and
                    (B) does not include a supplemental type certificate 
                issued under section 44704(b) of such section.

[[Page 134 STAT. 2361]]

   DIVISION W <<NOTE: Intelligence Authorization Act for Fiscal Year 
      2021.>> --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.

[[Page 134 STAT. 2362]]

           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. <<NOTE: 50 USC 3003 note.>>  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

[[Page 134 STAT. 2363]]

of the Senate, shall have the same effect with respect to the 
implementation of this division as if it were a joint explanatory 
statement of a committee of conference.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 101 for the conduct of the intelligence 
activities of the elements listed in paragraphs (1) through (16) of 
section 101, are those specified in the classified Schedule of 
Authorizations prepared to accompany this division.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and to the 
        President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations referred to in 
        subsection (a), or of appropriate portions of such Schedule, 
        within the executive branch of the Federal Government.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the budget; 
                or
                    (C) as otherwise required by law.

[[Page 134 STAT. 2364]]

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. <<NOTE: 50 USC 3316b.>>  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).

[[Page 134 STAT. 2365]]

            (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) <<NOTE: Continuity of operations plans.>>  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)  <<NOTE: Deadline.>> 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.-- <<NOTE: Deadline.>> 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:

[[Page 134 STAT. 2366]]

             ``Subtitle D--National Intelligence University

``SEC. 1031. <<NOTE: Definition. 50 USC 3227.>>  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. <<NOTE: 50 USC 3227a.>>  DEGREE-GRANTING AUTHORITY.

    ``(a) <<NOTE: Effective date. Regulations.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Effective date.>>  Actions on 
        nonaccreditation.--Beginning on the transfer date, the Director 
        shall promptly--
                    ``(A) <<NOTE: Notification.>>  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) <<NOTE: Reports.>>  submit to such committees 
                a report containing an explanation of any such action.
            ``(2) Modification or redesignation of degree-granting 
        authority.-- <<NOTE: Effective date. Reports.>> 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) <<NOTE: Recommenda- tions.>>  any subsequent 
                recommendation of the Secretary of Education with 
                respect to the proposed modification or redesignation.
``SEC. <<NOTE: 50 USC 3227b.>>  1033. REPORTING.

    ``(a) <<NOTE: Plan.>>  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).

[[Page 134 STAT. 2367]]

            ``(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. <<NOTE: 50 USC 3227c.>>  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) <<NOTE: 50 USC 3227b note.>>  Plan Regarding Personnel at 
National Intelligence University.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: 50 USC 3334a.>>  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) <<NOTE: 10 USC 2161 prec., 2161; 50 USC 3334a.>>  by 
        redesignating subsections (g) and (h) as subsections (e) and 
        (f), respectively.

    (d) Clerical Amendment.--The table of contents of the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 1024 the following:

             ``Subtitle D--National Intelligence University

``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Reporting.
``Sec. 1034. Continued applicability of the Federal Advisory Committee 
           Act to the Board of Visitors.''.

SEC. 306. <<NOTE: 50 USC 3334h.>>  DATA COLLECTION ON ATTRITION IN 
                          INTELLIGENCE COMMUNITY.

    (a) Standards for Data Collection.--
            (1) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2368]]

    (b) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  recommendations for 
        addressing any issues identified in those findings; and
            (3) <<NOTE: Assessment.>> 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. <<NOTE: 50 USC 3239.>>  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.

[[Page 134 STAT. 2369]]

            ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Waiver authority. Certification.>>  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. <<NOTE: Deadlines. 50 USC 3334g note.>>  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

[[Page 134 STAT. 2370]]

        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) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 2371]]

            (4) with respect to an element of the intelligence community 
        within the Department of Justice, the Committees on the 
        Judiciary of the Senate and House of Representatives;
            (5) with respect to an element of the intelligence community 
        within the Department of Homeland Security, the Committee on 
        Homeland Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives;
            (6) with respect to an element of the intelligence community 
        within the Department of State, the Committee on Foreign 
        Relations of the Senate and the Committee on Foreign Affairs of 
        the House of Representatives;
            (7) with respect to an element of the intelligence community 
        within the Department of Energy, the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives; and
            (8) with respect to an element of the intelligence community 
        within the Department of the Treasury, the Committee on Finance 
        of the Senate and the Committee on Financial Services of the 
        House of Representatives.

    (g) Form of Reports.--Each of the reports required under subsections 
(c) and (d) shall be submitted in unclassified form, but may contain a 
classified annex.

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

SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED 
                          STATES ON EFFORTS OF THE INTELLIGENCE 
                          COMMUNITY AND THE DEPARTMENT OF DEFENSE 
                          TO IDENTIFY AND MITIGATE RISKS POSED TO 
                          THE INTELLIGENCE COMMUNITY AND THE 
                          DEPARTMENT BY THE 
                          USE OF DIRECT-TO-CONSUMER GENETIC 
                          TESTING BY 
                          THE GOVERNMENT OF THE PEOPLE'S REPUBLIC 
                          OF 
                          CHINA.

    (a) Assessment Required.--The Comptroller General of the United 
States shall assess the efforts of the intelligence community and the 
Department of Defense to identify and mitigate the risks posed to the 
intelligence community and the Department by the use of direct-to-
consumer genetic testing by the Government of the People's Republic of 
China.
    (b) Report Required.--
            (1) Definition of united states direct-to-consumer genetic 
        testing company.--In this subsection, the term ``United States 
        direct-to-consumer genetic testing company'' means a private 
        entity that--
                    (A) carries out direct-to-consumer genetic testing; 
                and
                    (B) is organized under the laws of the United States 
                or any jurisdiction within the United States.
            (2) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Comptroller General shall submit 
        to Congress, including the congressional intelligence 
        committees, the Committee on Armed Services of the Senate, and 
        the Committee on Armed Services of the House of Representatives, 
        a report on the assessment required by subsection (a).

[[Page 134 STAT. 2372]]

            (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) <<NOTE: Recommenda- tions.>> 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

[[Page 134 STAT. 2373]]

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) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>>  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.

[[Page 134 STAT. 2374]]

    (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) <<NOTE: Coordination. Reports.>>  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. <<NOTE: Deadlines.>>  OPEN SOURCE INTELLIGENCE 
                          STRATEGIES AND PLANS FOR THE 
                          INTELLIGENCE COMMUNITY.

    (a) Requirement for Survey and Evaluation of Customer Feedback.--Not 
later than 90 days a <<NOTE: Coordination.>> fter 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

[[Page 134 STAT. 2375]]

            (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.-- <<NOTE: Coordination.>> Not 
later than 180 days after the date of the enactment of this Act, the 
Director, in coordination with the head of each element of the 
intelligence community and using the findings of the Director with 
respect to the survey conducted under subsection (a), shall--
            (1) develop a strategy for open source intelligence 
        collection, analysis, and production that defines the 
        overarching goals, roles, responsibilities, and processes for 
        such collection, analysis, and production for the intelligence 
        community;
            (2) develop a plan for improving usability and utility of 
        the Open Source Enterprise based on the customer feedback 
        solicited under subsection (a)(2); and
            (3) conduct a risk and benefit analysis of creating an open 
        source center independent of any current intelligence community 
        element.

    (c) Requirement for Plan for Centralized Data Repository.--Not later 
than 270 days after the date of the enactment of this Act and using the 
findings of the Director with respect to the survey and evaluation 
conducted under subsection (a), the strategy and plan developed under 
subsection (b), and the risk and benefit analysis conducted under such 
subsection, the Director shall develop a plan for a centralized data 
repository of open source intelligence that enables all elements of the 
intelligence community--
            (1) to use such repository for their specific requirements; 
        and
            (2) to derive open source intelligence advantages.

    (d) Requirement for Cost-sharing Model.--Not later than 1 year after 
the date of the enactment of this Act and using the findings of the 
Director with respect to the survey and evaluation conducted under 
subsection (a), the strategy and plan developed under subsection (b), 
the risk and benefit analysis conducted under such subsection, and the 
plan developed under subsection (c), the Director shall develop a cost-
sharing model that leverages the open source intelligence investments of 
each element of the intelligence community for the beneficial use of the 
entire intelligence community.
    (e) Congressional Briefing.--Not later than 1 year after the date of 
the enactment of this Act, the Director of National Intelligence, the 
Director of the Central Intelligence Agency, the Director of the Defense 
Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and the Director of the National Security Agency 
shall jointly brief the congressional intelligence committees on--
            (1) the strategy developed under paragraph (1) of subsection 
        (b);
            (2) the plan developed under paragraph (2) of such 
        subsection;
            (3) the plan developed under subsection (c); and
            (4) the cost-sharing model developed under subsection (d).

[[Page 134 STAT. 2376]]

  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. <<NOTE: 50 USC 3525.>> 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--

[[Page 134 STAT. 2377]]

            ``(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) <<NOTE: List.>> 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) <<NOTE: 50 USC 3525 note.>>  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

[[Page 134 STAT. 2378]]

            (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. <<NOTE: Determinations. 50 USC 3619.>>  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 <<NOTE: 6 USC 665a.>> . 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 134 STAT. 2379]]

    ``(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) <<NOTE: Appointment.>>  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.''.

[[Page 134 STAT. 2380]]

    (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) <<NOTE: Coordination.>> 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. <<NOTE: 50 USC 3526.>>  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

[[Page 134 STAT. 2381]]

        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

[[Page 134 STAT. 2382]]

                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. <<NOTE: 50 USC 3334i.>>  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) <<NOTE: Contracts.>>  Awards for Research and Development.--The 
Director of National Intelligence, acting through the Director of the 
Intelligence Advanced Research Projects Activity, shall award contracts 
or grants, or enter into transactions other than contracts, to encourage 
microelectronics research.

    (c) Use of Funds.--The Director shall award contracts or grants to, 
or enter into transactions other than contracts with, entities under 
subsection (b) to carry out any of the following:
            (1) Advanced engineering and applied research into novel 
        computing models, materials, devices, architectures, or 
        algorithms to enable the advancement of artificial intelligence 
        and machine learning.
            (2) Research efforts to--
                    (A) overcome challenges with engineering and applied 
                research of microelectronics, including with respect to 
                the physical limits on transistors, electrical 
                interconnects, and memory elements; or
                    (B) promote long-term advancements in computing 
                technologies, including by fostering a unified and 
                multidisciplinary approach encompassing research and 
                development into algorithm design, computing 
                architectures, microelectronic devices and circuits, and 
                the chemistry and physics of new materials.
            (3) Any other activity the Director determines would promote 
        the development of microelectronics research.

    (d) Award Amounts.--In awarding contracts or grants, or entering 
into transactions other than contracts, under subsection (b), the 
Director may award not more than a total of $15,000,000.

[[Page 134 STAT. 2383]]

                   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) <<NOTE: Assessments.>> 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

[[Page 134 STAT. 2384]]

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) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  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

[[Page 134 STAT. 2385]]

        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) <<NOTE: Evaluation.>>  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

[[Page 134 STAT. 2386]]

                potential effects of significant geopolitical shifts, 
                including those related to Taiwan.
                    (C) Identification of opportunities for 
                diversification.--The assessment under subparagraph (A) 
                shall also identify opportunities for diversification of 
                United States supply chains, including an assessment of 
                cost, challenges, and opportunities to diversify 
                manufacturing capabilities on a multinational basis.
            (3) Computing power.--An assessment of trends relating to 
        computing power and the effect of such trends on global 
        artificial intelligence development and implementation, in 
        consultation with the Director of the Intelligence Advanced 
        Research Projects Activity, the Director of the Defense Advanced 
        Research Projects Agency, and the Director of the National 
        Institute of Standards and Technology, including forward-looking 
        assessments of how computing resources may affect United States 
        national security, innovation, and implementation relating to 
        artificial intelligence.

    (c) Report.--
            (1) Definition of appropriate committees of congress.--In 
        this subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Armed Services, the Committee on Banking, 
                Housing, and Urban Affairs, the Committee on Foreign 
                Relations, and the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Armed Services, the Committee on 
                Financial Services, the Committee on Foreign Affairs, 
                and the Committee on Homeland Security of the House of 
                Representatives.
            (2) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director shall submit to the 
        appropriate committees of Congress a report on the findings of 
        the Director with respect to the assessment completed under 
        subsection (a).
            (3) Form.--The report submitted under paragraph (2) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED 
                          STATES AND STRENGTHENING CIVIL LIBERTIES 
                          PROTECTIONS.

    (a) Updates to Annual Reports on Influence Operations and Campaigns 
in the United States by the Chinese Communist Party.--Section 1107(b) of 
the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
            (1) by redesignating paragraph (8) as paragraph (9); and
            (2) by inserting after paragraph (7) the following:
            ``(8) An identification of influence activities and 
        operations employed by the Chinese Communist Party against the 
        United States science and technology sectors, specifically 
        employees of the United States Government, researchers, 
        scientists, and students in the science and technology sector in 
        the United States.''.

[[Page 134 STAT. 2387]]

    (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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>>  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 
                ``<SUP>communist</SUP> party</SUP> of</SUP> 
                china</SUP>'' and inserting ``<SUP>chinese</SUP> 
                communist</SUP> party</SUP>''; 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.

[[Page 134 STAT. 2388]]

    (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) <<NOTE: Assessment.>>  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--

[[Page 134 STAT. 2389]]

            (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) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  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.

[[Page 134 STAT. 2390]]

            (2) Unclassified form of certain information.--The 
        information described in subsection (c)(1)(D) in each report 
        under subsection (b) shall be submitted in unclassified form.
SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE 
                          CHINESE COMMUNIST PARTY AND THE 
                          GOVERNMENT OF THE PEOPLE'S REPUBLIC OF 
                          CHINA.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Armed Services, the Committee on Foreign 
                Relations, the Committee on Health, Education, Labor, 
                and Pensions, and the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Armed Services, the Committee on Energy 
                and Commerce, the Committee on Foreign Affairs, and the 
                Committee on Homeland Security of the House of 
                Representatives.
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given such term in section 
        1016(e) of the Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct Terrorism 
        (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).

    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate committees of Congress a report identifying 
whether and how officials of the Chinese Communist Party and the 
Government of the People's Republic of China may have sought--
            (1) to suppress information about--
                    (A) the outbreak of the novel coronavirus in Wuhan;
                    (B) the spread of the virus through China; and
                    (C) the transmission of the virus to other 
                countries;
            (2) to spread disinformation relating to the pandemic; or
            (3) to exploit the pandemic to advance their national 
        security interests.

    (c) Assessments.--The report required by subsection (b) shall 
include assessments of reported actions and the effect of those actions 
on efforts to contain the novel coronavirus pandemic, including each of 
the following:
            (1) The origins of the novel coronavirus outbreak, the time 
        and location of initial infections, and the mode and speed of 
        early viral spread.
            (2) Actions taken by the Government of China to suppress, 
        conceal, or misinform the people of China and those of other 
        countries about the novel coronavirus outbreak in Wuhan.
            (3) The effect of disinformation or the failure of the 
        Government of China to fully disclose details of the outbreak on 
        response efforts of local governments in China and other 
        countries.
            (4) Diplomatic, political, economic, intelligence, or other 
        pressure on other countries and international organizations to 
        conceal information about the spread of the novel coronavirus 
        and the response of the Government of China to the contagion,

[[Page 134 STAT. 2391]]

        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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2392]]

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) <<NOTE: Assessments.>>  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) <<NOTE: Time period.>> 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.

[[Page 134 STAT. 2393]]

            (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) <<NOTE: 50 USC 3237a note.>>  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. <<NOTE: 50 USC 3237a.>>  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) <<NOTE: Time period.>> 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

[[Page 134 STAT. 2394]]

        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) <<NOTE: Assessments.>>  A description of the 
        activities conducted by Chinese security services operating 
        within the Hong Kong Special Administrative Region, including--
                    ``(A) information regarding the extent to which such 
                security services, and officers associated with the 
                national security division of the Hong Kong Police 
                Force, are engaged in frontline policing, serving in 
                advisory and assistance roles, or both;
                    ``(B) an assessment of the likelihood of such 
                security services conducting renditions of individuals 
                from the Hong Kong Special Administrative Region to 
                China and a listing of every known individual subject to 
                such rendition during the year covered by the report; 
                and
                    ``(C) an assessment of how such activities conducted 
                by Chinese security services contribute to self-
                censorship and corruption within the Hong Kong Special 
                Administrative Region.
            ``(5) <<NOTE: Overview.>> 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) <<NOTE: List.>>  a list of the key companies 
                that provide such technologies; and
                    ``(B) <<NOTE: Assessment.>>  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.

[[Page 134 STAT. 2395]]

    ``(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. <<NOTE: 50 USC 3045 note.>>  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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2396]]

            (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) <<NOTE: Consultation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2397]]

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) <<NOTE: Assessments.>> 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) <<NOTE: Estimate.>>  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

[[Page 134 STAT. 2398]]

        a means to coerce the United States or the partners and allies 
        of the United States.
            (10) An assessment of the percentage of personal protective 
        equipment produced globally that originates in China.
            (11) An assessment of the national security risks associated 
        with any reliance by the United States on personal protective 
        equipment originating in China, including an assessment of how 
        and whether China could leverage its production of personal 
        protective equipment as a means to coerce the United States or 
        the partners and allies of the United States.

    (c) Coordination.--In carrying out subsection (a), the Director 
shall coordinate with the Director of the Central Intelligence Agency, 
the Director of the National Security Agency, the Director of the 
Defense Intelligence Agency, the Director of the National Geospatial-
Intelligence Agency, and any other relevant head of an element of the 
intelligence community as well as the Commissioner of the Food and Drug 
Administration.
    (d) Form.--The report submitted to the appropriate congressional 
committees under subsection (a) shall be submitted in unclassified form, 
but may include a classified annex.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives; and
            (3) the Committee on Foreign Relations and the Committee on 
        Finance of the Senate.
SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN 
                          AFGHANISTAN.

    (a) Requirement.--The Director of National Intelligence, acting 
through the National Intelligence Council, shall produce a National 
Intelligence Estimate on the situation in Afghanistan.
    (b) <<NOTE: Assessment.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2399]]

            (2) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Web posting.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2400]]

        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. <<NOTE: 50 USC 3043b.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Consultation. Testimony.>>  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.''.

[[Page 134 STAT. 2401]]

SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION 
                          PROGRAM.

    (a) Funding for Scholarship, Fellowship, and Grant Programs.--
Section 810 of the David L. Boren National Security Education Act of 
1991 (50 U.S.C. 1910) is amended--
            (1) in subsection (c), by striking ``for each fiscal year, 
        beginning with fiscal year 2005,'' and inserting ``for each of 
        fiscal years 2005 through 2021''; and
            (2) by adding at the end the following new subsection:

    ``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to 
amounts that may be made available to the Secretary under the Fund for a 
fiscal year, there is authorized to be appropriated to the Secretary for 
each fiscal year, beginning with fiscal year 2022, $8,000,000, to carry 
out the scholarship, fellowship, and grant programs under subparagraphs 
(A), (B), and (C), respectively, of section 802(a)(1).''.
    (b) Funding for National Flagship Language Initiative.--Section 811 
of such Act (50 U.S.C. 1911) is amended--
            (1) in subsection (a), by striking `` $10,000,000'' and 
        inserting `` $16,000,000''; and
            (2) in subsection (b), by striking ``for each fiscal year, 
        beginning with fiscal year 2005,'' and inserting ``for each of 
        fiscal years 2005 through 2021''.

    (c) Funding for Scholarship Program for Advanced English Language 
Studies.--Section 812 of the David L. Boren National Security Education 
Act of 1991 (50 U.S.C. 1912) is amended--
            (1) in subsection (a), by striking ``for each fiscal year, 
        beginning with fiscal year 2005,'' and inserting ``for each of 
        fiscal years 2005 through 2021'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to 
amounts that may be made available to the Secretary under the Fund for a 
fiscal year, there is authorized to be appropriated to the Secretary for 
each fiscal year, beginning with fiscal year 2022, $2,000,000, to carry 
out the scholarship programs for English language studies by certain 
heritage community citizens under section 802(a)(1)(E).''; and
            (4) in subsection (c), as so redesignated, by striking 
        ``subsection (a)'' and inserting ``this section''.
SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL 
                          LIBERTIES, AND CIVIL RIGHTS OF CHINESE 
                          AMERICANS.

    (a) Report.--Section 5712 of the Damon Paul Nelson and Matthew Young 
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 
2020 (Public Law 116-92; 133 Stat. 2171) <<NOTE: 50 USC 3240.>>  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 ``<SUP>and</SUP> 
                civil</SUP> liberties</SUP>'' and inserting ``<SUP>,</SUP> 
                civil</SUP> liberties,</SUP> and</SUP> civil</SUP> 
                rights</SUP>''; and
                    (B) in subsection (b)--

[[Page 134 STAT. 2402]]

                          (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) <<NOTE: Assessments.>>  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;

[[Page 134 STAT. 2403]]

                          (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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Testimony.>>  testify before such 
                      committees on the issues that will be covered by 
                      the National Intelligence Estimate.
                    (C) <<NOTE: Classified information.>>  Form.--The 
                National Intelligence Estimate shall be submitted under 
                subparagraph (A) in classified form.
            (3) <<NOTE: Web posting.>> 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) <<NOTE: President. Public information. Web 
        posting. Reports.>> 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

[[Page 134 STAT. 2404]]

        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) <<NOTE: President. Coordination. Public information. Web 
posting. Reports.>> 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) <<NOTE: 50 USC 3024 note.>> 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) <<NOTE: Contracts.>>  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) <<NOTE: Recommenda- tions.>>  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--

[[Page 134 STAT. 2405]]

                    (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) <<NOTE: Assessment.>> 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) <<NOTE: Assessment.>>  An assessment of methods to use 
        open-source intelligence to support the operations of the 
        intelligence community, including recommendations on when and 
        how open-source intelligence should support such operations.
            (6) With respect to the data management of open-source 
        intelligence, recommendations on proposed data ingestion tools, 
        scraping capabilities, and other tools and capabilities to 
        collect, process, exploit, and analyze the volume of open-source 
        intelligence, including recommendations on how the intelligence 
        community can increase the speed and security with which the 
        intelligence community adopts open-source technology and 
        unclassified commercial products.
            (7) Any other matters the Director or the entity selected to 
        conduct the study determines appropriate.

[[Page 134 STAT. 2406]]

    (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) <<NOTE: Evaluations.>>  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.

[[Page 134 STAT. 2407]]

                    (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) <<NOTE: Classified information.>>  Form.--The report 
        under paragraph (1) shall be submitted in classified form.
            (3) <<NOTE: Deadline.>> 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

[[Page 134 STAT. 2408]]

        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.

[[Page 134 STAT. 2409]]

 DIVISION X-- <<NOTE: Supporting Foster Youth and Families through the 
    Pandemic Act.>> SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE 
PANDEMIC
SEC. 1. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE.

    This division may be cited as the ``Supporting Foster Youth and 
Families through the Pandemic Act''.
SEC. 2. <<NOTE: 42 USC 629h note.>>  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. <<NOTE: 42 USC 677 note.>>  CONTINUED SAFE OPERATION OF 
                    CHILD WELFARE PROGRAMS AND SUPPORT FOR OLDER 
                    FOSTER YOUTH.

    (a) Funding Increases.--
            (1) Increase in support for chafee programs.--Out of any 
        money in the Treasury of the United States not otherwise 
        appropriated, there are appropriated $400,000,000 for fiscal 
        year 2021, to carry out section 477 of the Social Security Act, 
        in addition to any amounts otherwise made available for such 
        purpose.
            (2) Education and training vouchers.--Of the amount made 
        available by reason of paragraph (1) of this subsection, not 
        less than $50,000,000 shall be reserved for the provision of 
        vouchers pursuant to section 477(h)(2) of the Social Security 
        Act.
            (3) Applicability of technical assistance to additional 
        funds.--
                    (A) In general.--Section 477(g)(2) of the Social 
                Security Act shall apply with respect to the amount made 
                available by reason of paragraph (1) of this subsection 
                as if the amount were included in the amount specified 
                in section 477(h) of such Act.
                    (B) Reservation of funds.--
                          (i) In general.--Of the amount to which 
                      section 477(g)(2) of the Social Security Act 
                      applies by reason of subparagraph (A) of this 
                      paragraph, the Secretary shall reserve not less 
                      than $500,000 to provide technical assistance to a 
                      State implementing or seeking to implement a 
                      driving and transportation program for foster 
                      youth.
                          (ii) Provider qualifications.--The Secretary 
                      shall ensure that the entity providing the 
                      assistance has demonstrated the capacity to--

[[Page 134 STAT. 2410]]

                                    (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) <<NOTE: Time period.>> 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.-- <<NOTE: Waiver authority.>> 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

[[Page 134 STAT. 2411]]

        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. <<NOTE: 42 USC 671 note.>> 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--

[[Page 134 STAT. 2412]]

            (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.

[[Page 134 STAT. 2413]]

                    (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. <<NOTE: 42 USC 674 note.>>  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. <<NOTE: 42 USC 629d note.>>  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. <<NOTE: 42 USC 629h note.>> COURT IMPROVEMENT PROGRAM.

    (a) Reservation of Funds.--Of the additional amounts made available 
by reason of section 6 of this Act, the Secretary shall reserve 
$10,000,000 for grants under subsection (b) of this section for fiscal 
year 2021, which shall be considered to be made under section 438 of the 
Social Security Act.
    (b) Distribution of Funds.--
            (1) In general.--From the amounts reserved under subsection 
        (a) of this section, the Secretary shall--
                    (A) reserve not more than $500,000 for Tribal court 
                improvement activities; and
                    (B) <<NOTE: Grants.>>  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

[[Page 134 STAT. 2414]]

                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) <<NOTE: Grants.>> 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) <<NOTE: Criteria.>> Reports.--The Secretary may 
                establish reporting criteria specific to the grants 
                awarded under this subsection.
                    (D) <<NOTE: Compliance.>> 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. <<NOTE: 42 USC 674 note.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2415]]

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) <<NOTE: Applicability.>>  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) <<NOTE: 133 Stat. 3120.>>  
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--

[[Page 134 STAT. 2416]]

                                    ``(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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 711 note.>>  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

[[Page 134 STAT. 2417]]

        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. <<NOTE: Waiver authority.>> The Secretary may 
        delay the deadline for submission, waive performance measures, 
        or allow for alternative data sources to be used to show 
        improvement in performance in the manner provided in section 
        511(d)(1) of such Act.
            (2) Delay of deadline for statewide needs assessment.--The 
        Secretary may delay the October 1, 2020, deadline for reviewing 
        and updating any needs assessment required by section 511(b)(1) 
        or 511(h)(2)(A) of the Social Security Act, but any such delay 
        shall not affect the timing for, or amount of, any payment to 
        the State involved from the fiscal year allotments available to 
        the State under section 502(c) of such Act.
            (3) Guidance.--The Secretary shall provide to eligible 
        entities funded under section 511 of the Social Security Act 
        information on the parameters used in extending a deadline under 
        paragraph (1) or (2) of this subsection.

    (d) Timely Release of Title V Funds.--The authorities provided in 
this section shall not be interpreted to authorize or require any delay 
in the timely release of funds under title V of the Social Security Act.
SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID 
                      FMAP.

    Section 6008 of the Families First Coronavirus Response Act (Public 
Law 116-127) <<NOTE: 42 USC 1396d note.>> 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 <<NOTE: American Miner Benefits Improvement Act of 2020.>> --
AMERICAN MINER BENEFITS IMPROVEMENT
SEC. 1. <<NOTE: 30 USC 1201 note.>>  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'',

[[Page 134 STAT. 2418]]

            (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) <<NOTE: 30 USC 1232 note.>> 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-- <<NOTE: Energy Act of 2020.>> ENERGY ACT OF 2020
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 42 USC 17001 note.>> 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.

[[Page 134 STAT. 2419]]

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.

[[Page 134 STAT. 2420]]

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. <<NOTE: 42 USC 6371k.>> COORDINATION OF ENERGY 
                          RETROFITTING ASSISTANCE FOR SCHOOLS.

    (a) Definition of School.--In this section, the term ``school'' 
means--
            (1) an elementary school or secondary school (as defined in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801));
            (2) an institution of higher education (as defined in 
        section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)));
            (3) a postsecondary vocational institution (as defined in 
        section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
        1002(c)));
            (4) a school of the defense dependents' education system 
        under the Defense Dependents' Education Act of 1978 (20 U.S.C. 
        921 et seq.) or established under section 2164 of title 10, 
        United States Code;
            (5) a school operated by the Bureau of Indian Education;
            (6) a tribally controlled school (as defined in section 5212 
        of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
        2511)); and
            (7) a Tribal College or University (as defined in section 
        316(b) of the Higher Education Act of 1965 (20 U.S.C. 
        1059c(b))).

    (b) <<NOTE: Coordination.>> 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.

[[Page 134 STAT. 2421]]

    (c) Requirements.--In carrying out coordination and outreach under 
subsection (b), the Secretary shall--
            (1) <<NOTE: Consultation. Coordination.>> 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) <<NOTE: Website.>>  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.

[[Page 134 STAT. 2422]]

    (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) <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 2423]]

                    ``(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 ``<SUP>and</SUP> 
        water</SUP>'' after ``<SUP>energy</SUP>'';
            (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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Guidelines.>>  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

[[Page 134 STAT. 2424]]

                submit to Congress a report that describes any 
                noncompliance by an agency with the requirements of 
                paragraph (1).'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      striking ``An agency'' and inserting ``The head of 
                      each agency''; and
                          (ii) by inserting ``or water'' after 
                      ``energy'' each place it appears; and
                    (B) in subparagraph (B)(i), by inserting ``or 
                water'' after ``energy'';
            (4) in subsection (d)(2), by inserting ``and water'' after 
        ``energy'';
            (5) in subsection (e)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy'';
                    (B) in paragraph (1)--
                          (i) in the first sentence--
                                    (I) by striking ``October 1, 2012'' 
                                and inserting ``October 1, 2022'';
                                    (II) by inserting ``and water'' 
                                after ``energy''; and
                                    (III) by inserting ``and water'' 
                                after ``electricity'';
                          (ii) in the second sentence, by inserting 
                      ``and water'' after ``electricity''; and
                          (iii) in the fourth sentence, by inserting 
                      ``and water'' after ``energy'';
                    (C) in paragraph (2)--
                          (i) in subparagraph (A)--
                                    (I) by striking ``and'' before 
                                ``Federal''; and
                                    (II) by inserting ``and any other 
                                person the Secretary deems necessary,'' 
                                before ``shall'';
                          (ii) in subparagraph (B)--
                                    (I) in clause (i)(II), by inserting 
                                ``and water'' after ``energy'' each 
                                place it appears;
                                    (II) in clause (ii), by inserting 
                                ``and water'' after ``energy''; and
                                    (III) in clause (iv), by inserting 
                                ``and water'' after ``energy''; and
                          (iii) by adding at the end the following:
                    ``(C) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2425]]

                          (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) <<NOTE: Definition.>>  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) <<NOTE: Deadline. Time period.>>  
                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) <<NOTE: Time period.>>  has had a 
                      comprehensive energy and water evaluation during 
                      the preceding 8-year period;

[[Page 134 STAT. 2426]]

                          ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Determination. Evaluation.>>  
                      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)--

[[Page 134 STAT. 2427]]

                    (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) <<NOTE: Collaboration.>>  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) <<NOTE: Assessment.>> 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) <<NOTE: Deadline. Collaboration. Public 
        information. Update.>>  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) <<NOTE: Analysis. Time period.>>  a comparison 
                and gap analysis of the estimates and projections 
                contained in the report with new data regarding the 
                period from 2015 through 2019;

[[Page 134 STAT. 2428]]

                    ``(B) <<NOTE: Analysis.>>  an analysis considering 
                the impact of information technologies, including 
                virtualization and cloud computing, in the public and 
                private sectors;
                    ``(C) <<NOTE: Evaluation.>>  an evaluation of the 
                impact of the combination of cloud platforms, mobile 
                devices, social media, and big data on data center 
                energy usage;
                    ``(D) <<NOTE: Evaluation.>>  an evaluation of water 
                usage in data centers and recommendations for reductions 
                in that water usage; and
                    ``(E) <<NOTE: Recommenda- tions.>>  updated 
                projections and recommendations for best practices 
                through fiscal year 2025.

    ``(f) Data Center Energy Practitioner Program.--
            ``(1) <<NOTE: Collaboration. Evaluation.>> 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) <<NOTE: Collaboration.>>  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) <<NOTE: Collaboration.>>  International Specifications and 
Metrics.--The Secretary, in collaboration with key stakeholders, shall 
actively participate in efforts to harmonize global specifications and 
metrics for data center energy and water efficiency.

    ``(i) <<NOTE: Collaboration.>>  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.

[[Page 134 STAT. 2429]]

                    ``(B) Information technology.--The term `information 
                technology' has the meaning given that term in section 
                11101 of title 40, United States Code.
            ``(2) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Effective date.>> 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.

[[Page 134 STAT. 2430]]

                    ``(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. <<NOTE: 42 USC 6311 note.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2431]]

                    (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) <<NOTE: Certification.>>  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.

[[Page 134 STAT. 2432]]

SEC. 1006. <<NOTE: 42 USC 6317 note.>>  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) <<NOTE: Time periods.>>  was manufactured 
                between January 1, 1987, and December 31, 2008, for a 
                transformer with an equal number of phases and capacity 
                as a transformer described in the table in subsection 
                (b)(2) of section 431.196 of title 10, Code of Federal 
                Regulations (as in effect on the date of enactment of 
                this Act); or
                    (ii) was manufactured between January 1, 1992, and 
                December 31, 2011, for a transformer with an equal 
                number of phases and capacity as a transformer described 
                in the table in paragraph (1) or (2) of subsection (c) 
                of that section (as in effect on the date of enactment 
                of this Act).
            (3) Qualified entity.--The term ``qualified entity'' means 
        an owner of industrial or manufacturing facilities, commercial 
        buildings, or multifamily residential buildings, a utility, or 
        an energy service company that fulfills the requirements of 
        subsection (c).

    (b) <<NOTE: Deadline.>> 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) <<NOTE: Determination. Consultation.>>  for 
                transformers described in subsection (a)(2)(B)(i), as 
                selected from a table of default values as determined

[[Page 134 STAT. 2433]]

                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. <<NOTE: 42 USC 17064.>>  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) <<NOTE: Deadline. Consultation.>> Establishment.--Not 
        later than 1 year after the date of enactment of this Act, the 
        Secretary shall, in consultation

[[Page 134 STAT. 2434]]

        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) <<NOTE: Coordination.>> 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) <<NOTE: Deadline. Evaluation. Time period.>>  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,

[[Page 134 STAT. 2435]]

        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) <<NOTE: Consultation.>> 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. <<NOTE: 42 USC 17086.>>  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;

[[Page 134 STAT. 2436]]

            ``(6) reducing the cost of key components to accelerate the 
        adoption of smart building technologies;
            ``(7) protecting against cybersecurity threats and 
        addressing security vulnerabilities of building systems or 
        equipment; and
            ``(8) other areas determined appropriate by the Secretary.

    ``(b) Considerations.--In carrying out the program under subsection 
(a), the Secretary shall--
            ``(1) work with utility partners, building owners, 
        technology vendors, and building developers to test and validate 
        technologies and encourage the commercial application of these 
        technologies by building owners; and
            ``(2) consider the specific challenges of enabling greater 
        interaction between components of--
                    ``(A) small- and medium-sized buildings and the 
                electric grid; and
                    ``(B) residential and commercial buildings and the 
                electric grid.

    ``(c) Buildings-to-grid Integration Report.--Not later than 1 year 
after the enactment of this section, the Secretary shall submit to the 
Committee on Science, Space, and Technology and the Committee on Energy 
and Commerce of the House of Representatives and the Committee on Energy 
and Natural Resources of the Senate a report on the results of a study 
that examines the research, development, and demonstration 
opportunities, challenges, and standards needed to enable components of 
commercial and residential buildings to serve as dynamic energy loads on 
and resources for the electric grid.
            ``(1) <<NOTE: Assessments.>> 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) <<NOTE: Guidelines.>> 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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2437]]

    ``(d) Program Implementation.--In carrying out this section, the 
Secretary shall--
            ``(1) implement the recommendations from the report in 
        subsection (c); and
            ``(2) <<NOTE: Coordination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Survey. Evaluation.>>  the survey and evaluation 
        of private sector smart buildings under subsection (c); and
            (3) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Manufactured date.>>  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) <<NOTE: Definition.>>  For purposes of this subparagraph, the 
term `CFEI' means the Fan Energy Index for large-diameter ceiling fans, 
calculated in accordance with ANSI/AMCA Standard 208-18 titled 
`Calculation of the Fan Energy Index', with the following modifications:
            ``(I) Using an Airflow Constant (Q<INF>0</INF>) of 26,500 
        cubic feet per minute.
            ``(II) Using a Pressure Constant (P<INF>0</INF>) of 0.0027 
        inches water gauge.
            ``(III) Using a Fan Efficiency Constant (h<INF>0</INF>) of 
        42 percent.''.

    (b) <<NOTE: 42 USC 6295 note.>>  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.

[[Page 134 STAT. 2438]]

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) <<NOTE: Collaboration.>>  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. <<NOTE: 42 USC 16183.>>  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

[[Page 134 STAT. 2439]]

        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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Strategic 
                      plan. Consultation.>>  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;

[[Page 134 STAT. 2440]]

                          (vii) with regard to RD&D programs, recommend 
                      improvements and best practices for the collection 
                      and dissemination of federal water use data and 
                      the use of monitoring networks; and
                          (viii) promote coordination on RD&D with non-
                      Federal interests by--
                                    (I) consulting with representatives 
                                of research and academic institutions, 
                                State, local, and Tribal governments, 
                                public utility commissions, and 
                                industry, who have expertise in 
                                technologies, technological innovations, 
                                or practices relating to the energy-
                                water nexus; and
                                    (II) considering conducting 
                                technical workshops.
                    (D) Strategic plan.--In developing the strategic 
                plan pursuant to (C)(ii), the Interagency RD&D 
                Coordination Committee shall--
                          (i) to the maximum extent possible, avoid 
                      duplication with other Federal RD&D programs, and 
                      projects, including with those of the National 
                      Laboratories;
                          (ii) consider inclusion of specific research, 
                      development and demonstration needs, including--
                                    (I) innovative practices, 
                                technologies and other advancements 
                                improving water efficiency, treatment, 
                                recovery, or reuse associated with 
                                energy generation, including cooling, 
                                and fuel production;
                                    (II) innovative practices, 
                                technologies and other advancements 
                                associated with energy use in water 
                                collection, supply, delivery, 
                                distribution, treatment, or reuse;
                                    (III) innovative practices, 
                                technologies and other advancements 
                                associated with generation or production 
                                of energy from water or wastewater 
                                systems; and
                                    (IV) modeling and systems analysis 
                                related to energy-water nexus; and
                          (iii) submit the plan to the Committee on 
                      Energy and Natural Resources of the Senate and the 
                      Committees on Science, Space, and Technology, 
                      Energy and Commerce, and Natural Resources of the 
                      House of Representatives.
                    (E) Rules of construction.--
                          (i) Nothing in this section grants to the 
                      Interagency RD&D Coordination Committee the 
                      authority to promulgate regulations or set 
                      standards.
                          (ii) Notwithstanding any other provision of 
                      law, nothing in this section shall be construed to 
                      require State, Tribal, or local governments to 
                      take any action that may result in an increased 
                      financial burden to such governments.
                    (F) <<NOTE: Consultation. Coordination.>>  
                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.

[[Page 134 STAT. 2441]]

                    (G) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tion.>>  
                                includes a recommendation on whether the 
                                Interagency RD&D Coordination Committee 
                                should continue.
            (4) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 2442]]

            (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. <<NOTE: 42 USC 6864c.>> 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.

[[Page 134 STAT. 2443]]

    ``(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. <<NOTE: 42 USC 6864d.>> 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;

[[Page 134 STAT. 2444]]

                    ``(C) install renewable energy systems (as defined 
                in section 415(c)(6)(A)); and
                    ``(D) implement measures to ensure healthy indoor 
                environments by improving indoor air quality, 
                accessibility, and other healthy homes measures as 
                determined by the Secretary;
            ``(2) to improve the capability of the entity--
                    ``(A) to significantly increase the number of energy 
                retrofits performed by such entity;
                    ``(B) to replicate best practices for work performed 
                pursuant to this section on a larger scale;
                    ``(C) to leverage additional funds to sustain the 
                provision of weatherization assistance and other work 
                performed pursuant to this section after financial 
                assistance awarded under this section is expended; and
                    ``(D) to hire and retain employees who are 
                individuals described subsection (a)(5);
            ``(3) for innovative outreach and education regarding the 
        benefits and availability of weatherization assistance and other 
        assistance available pursuant to this section;
            ``(4) for quality control of work performed pursuant to this 
        section;
            ``(5) for data collection, measurement, and verification 
        with respect to such work;
            ``(6) for program monitoring, oversight, evaluation, and 
        reporting regarding such work;
            ``(7) for labor, training, and technical assistance relating 
        to such work;
            ``(8) for planning, management, and administration (up to a 
        maximum of 15 percent of the assistance provided); and
            ``(9) for such other activities as the Secretary determines 
        to be appropriate.

    ``(c) Award Factors.--In awarding financial assistance under this 
section, the Secretary shall consider--
            ``(1) the applicant's record of constructing, renovating, 
        repairing, or making energy efficient single-family, 
        multifamily, or manufactured homes that are occupied by low-
        income persons, either directly or through affiliates, chapters, 
        or other partners (using the most recent year for which data are 
        available);
            ``(2) the number of dwelling units occupied by low-income 
        persons that the applicant has built, renovated, repaired, 
        weatherized, or made more energy efficient in the 5 years 
        preceding the date of the application;
            ``(3) the qualifications, experience, and past performance 
        of the applicant, including experience successfully managing and 
        administering Federal funds;
            ``(4) the strength of an applicant's proposal to achieve one 
        or more of the purposes under subsection (a);
            ``(5) the extent to which such applicant will utilize 
        partnerships and regional coordination to achieve one or more of 
        the purposes under subsection (a);
            ``(6) regional and climate zone diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be 
        appropriate.

    ``(d) Applications.--

[[Page 134 STAT. 2445]]

            ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2446]]

    ``(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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 6864e.>>  HIRING.

    ``The <<NOTE: Determination.>> 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

[[Page 134 STAT. 2447]]

(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) <<NOTE: Coordination.>>  to coordinate and 
                strengthen Federal energy and water resilience; and
                    ``(B) to promote environmental stewardship.
            ``(2) <<NOTE: Appointment.>>  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;

[[Page 134 STAT. 2448]]

                          ``(ii) <<NOTE: Coordination.>>  in 
                      coordination with the Administrator of the General 
                      Services Administration, establish appropriate 
                      procedures, methods, and best practices for use by 
                      agencies to select, monitor, and terminate 
                      contracts entered into pursuant to a utility 
                      incentive program under section 546(c) with 
                      utilities;
                          ``(iii) carry out the responsibilities of the 
                      Secretary under section 801, as determined 
                      appropriate by the Secretary;
                          ``(iv) establish and maintain internet-based 
                      information resources and project tracking systems 
                      and tools for energy and water management;
                          ``(v) <<NOTE: Coordination.>>  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) <<NOTE: Public information.>> 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) <<NOTE: Consultation.>> 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--

[[Page 134 STAT. 2449]]

                          ``(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) <<NOTE: Establishment.>>  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.--

[[Page 134 STAT. 2450]]

            ``(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) <<NOTE: Updates. Website.>>  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;

[[Page 134 STAT. 2451]]

                          ``(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) <<NOTE: Assessments.>>  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. <<NOTE: 42 USC 16198.>>  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

[[Page 134 STAT. 2452]]

        to demonstrate unique, advanced, or innovative technology-based 
        solutions that will--
                    ``(A) improve the net energy balance of water, 
                wastewater, and water reuse systems;
                    ``(B) improve the net energy balance of water, 
                wastewater, and water reuse systems to help communities 
                across the United States make measurable progress in 
                conserving water, saving energy, and reducing costs;
                    ``(C) support the implementation of innovative and 
                unique processes and the installation of established 
                advanced automated systems that provide real-time data 
                on energy and water; and
                    ``(D) improve energy-water conservation and quality 
                and predictive maintenance through technologies that 
                utilize internet connected technologies, including 
                sensors, intelligent gateways, and security embedded in 
                hardware.
            ``(3) Project selection.--
                    ``(A) In general.--The Secretary shall make 
                competitive, merit-reviewed grants under the pilot 
                program to not less than 3, but not more than 5, 
                eligible entities.
                    ``(B) Selection criteria.--In selecting an eligible 
                entity to receive a grant under the pilot program, the 
                Secretary shall consider--
                          ``(i) energy and cost savings;
                          ``(ii) the uniqueness, commercial viability, 
                      and reliability of the technology to be used;
                          ``(iii) the degree to which the project 
                      integrates next-generation sensors software, 
                      analytics, and management tools;
                          ``(iv) the anticipated cost-effectiveness of 
                      the pilot project through measurable energy 
                      savings, water savings or reuse, and 
                      infrastructure costs averted;
                          ``(v) whether the technology can be deployed 
                      in a variety of geographic regions and the degree 
                      to which the technology can be implemented in a 
                      wide range of applications ranging in scale from 
                      small towns to large cities, including Tribal 
                      communities;
                          ``(vi) whether the technology has been 
                      successfully deployed elsewhere;
                          ``(vii) whether the technology was sourced 
                      from a manufacturer based in the United States; 
                      and
                          ``(viii) whether the project will be completed 
                      in 5 years or less.
                    ``(C) Applications.--
                          ``(i) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2453]]

                                    ``(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) <<NOTE: Determination.>>  
                                any other information that the Secretary 
                                determines to be necessary to complete 
                                the review and selection of a grant 
                                recipient.
            ``(4) Administration.--
                    ``(A) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Internet.>>  Best 
                practices.--The Secretary shall make available to the 
                public through the Internet and other means the 
                Secretary considers to be appropriate--
                          ``(i) <<NOTE: Records.>>  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. <<NOTE: 42 USC 16281.>>  ADVANCED NUCLEAR FUEL 
                          AVAILABILITY.

    (a) Program.--

[[Page 134 STAT. 2454]]

            (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) <<NOTE: Consultation.>>  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) <<NOTE: Research and development.>>  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) <<NOTE: Deadlines.>>  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;

[[Page 134 STAT. 2455]]

                                    (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) <<NOTE: Deadline. Time periods. Survey.>>  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) <<NOTE: Updates.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Deadlines.>>  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

[[Page 134 STAT. 2456]]

                of any HA-LEU project between private industry and the 
                Department that is underway as of the date of the 
                enactment of this section.
            (3) Applicability of usec privatization act.--
                    (A) Sale or transfer to consortium.--The 
                requirements of section 3112 of the USEC Privatization 
                Act (42 U.S.C. 2297h-10), except for the requirements of 
                subparagraph (A) of section 3112(d)(2), shall not apply 
                to the provision of enrichment services, or the sale or 
                transfer of HA-LEU for commercial use by the Secretary 
                to a member of the consortium under this subsection.
                    (B) Demonstration.--HA-LEU made available to members 
                of the consortium established pursuant to paragraph 
                (2)(F) for demonstration projects shall remain the 
                property of and title will remain with the Department, 
                which shall be responsible for the storage, use, and 
                disposition of all radioactive waste and spent nuclear 
                fuel created by the irradiation, processing, or 
                purification of such uranium, and shall not be subject 
                to the requirements of a sale or transfer of uranium 
                under sections 3112, except for the requirements of 
                subparagraph (A) of section 3112(d)(2), and 3113 of the 
                USEC Privatization Act (42 U.S.C. 2297h-10; 42 U.S.C. 
                2297h-11).
            (4) <<NOTE: President. Determinations.>>  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.

[[Page 134 STAT. 2457]]

    (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) <<NOTE: Timeline.>>  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) <<NOTE: Consultation.>>  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--

[[Page 134 STAT. 2458]]

                                            (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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 2459]]

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) <<NOTE: Definition.>>  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;

[[Page 134 STAT. 2460]]

                    ``(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) <<NOTE: Public information.>>  Report.--The Secretary 
        shall submit annually a public report to the Committee on 
        Science, Space, and Technology of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        documenting funds spent under the program that describes program 
        activities, objectives, and outcomes, including those that could 
        benefit the entirety of the existing reactor fleet, such as with 
        respect to aging management and related sustainability concerns, 
        and identifying funds awarded to private entities.

    ``(b) Advanced Reactor Technologies.--
            ``(1) In general.--The Secretary shall carry out a program 
        of research, development, demonstration, and commercial 
        application to support advanced reactor technologies.
            ``(2) Requirements.--In carrying out the program under this 
        subsection, the Secretary shall--
                    ``(A) prioritize designs for advanced nuclear 
                reactors that are proliferation resistant and passively 
                safe, including designs that, compared to reactors 
                operating on the date of enactment of the Energy Act of 
                2020--
                          ``(i) are economically competitive with other 
                      electric power generation plants;
                          ``(ii) have higher efficiency, lower cost, 
                      less environmental impacts, increased resilience, 
                      and improved safety;
                          ``(iii) use fuels that are proliferation 
                      resistant and have reduced production of high-
                      level waste per unit of output; and
                          ``(iv) use advanced instrumentation and 
                      monitoring systems;
                    ``(B) <<NOTE: Consultation.>>  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;

[[Page 134 STAT. 2461]]

                    ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Analyses.>>  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. <<NOTE: Convene.>>  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.

[[Page 134 STAT. 2462]]

            ``(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;

[[Page 134 STAT. 2463]]

                    ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Consideration.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2464]]

            (1) in the section heading, by striking ``<SUP>university</SUP> 
        nuclear</SUP>'' and inserting ``<SUP>nuclear</SUP>'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this section'' and inserting ``this 
                subsection''; and
                    (B) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively, and 
                indenting appropriately;
            (3) in subsection (c), by redesignating paragraphs (1) and 
        (2) as subparagraphs (A) and (B), respectively, and indenting 
        appropriately;
            (4) in subsection (d)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this section'' and inserting ``this 
                subsection''; and
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and 
                indenting appropriately;
            (5) in subsection (e), by striking ``this section'' and 
        inserting ``this subsection'';
            (6) in subsection (f)--
                    (A) by striking ``this section'' and inserting 
                ``this subsection''; and
                    (B) by striking ``subsection (b)(2)'' and inserting 
                ``paragraph (2)(B)'';
            (7) by redesignating subsections (a) through (d) as 
        paragraphs (1) through (4), respectively, and indenting 
        appropriately;
            (8) by redesignating subsections (e) and (f) as paragraphs 
        (7) and (8), respectively;
            (9) by inserting after paragraph (4) (as so redesignated) 
        the following:
            ``(5) Radiological facilities management.--
                    ``(A) In general.--The Secretary shall carry out a 
                program under which the Secretary shall provide project 
                management, technical support, quality engineering and 
                inspection, and nuclear material handling support to 
                research reactors located at universities.
                    ``(B) Authorization of appropriations.--Of any 
                amounts appropriated to carry out the program under this 
                subsection, there are authorized to be appropriated to 
                the Secretary to carry out the program under this 
                paragraph $20,000,000 for each of fiscal years 2021 
                through 2025.
            ``(6) Nuclear energy university program.--In carrying out 
        the programs under this section, the Department shall, to the 
        maximum extent practicable, allocate 20 percent of funds 
        appropriated to nuclear energy research and development programs 
        annually to fund university-led research and university 
        infrastructure projects through an open, competitive 
        solicitation process.'';
            (10) by inserting before paragraph (1) (as so redesignated) 
        the following:

    ``(a) University Nuclear Science and Engineering Support.--''; and
            (11) by adding at the end the following:

    ``(b) Nuclear Energy Graduate Traineeship Subprogram.--
            ``(1) <<NOTE: Coordination.>>  Establishment.--In carrying 
        out the program under subsection (a), the Secretary shall 
        establish a nuclear energy

[[Page 134 STAT. 2465]]

        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,

[[Page 134 STAT. 2466]]

        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.

[[Page 134 STAT. 2467]]

            ``(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. <<NOTE: 42 USC 16279a.>>  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) <<NOTE: Evaluation.>>  include, as an evaluation 
        criterion, diversity in designs for the advanced nuclear 
        reactors demonstrated under this section, including designs 
        using various--
                    ``(A) primary coolants;
                    ``(B) fuel types and compositions; and
                    ``(C) neutron spectra;
            ``(2) consider, as evaluation criterions--
                    ``(A) the likelihood that the operating cost for 
                future commercial units for each design implemented 
                through a demonstration project under this subsection is 
                cost-competitive in the applicable market, including 
                those designs

[[Page 134 STAT. 2468]]

                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) <<NOTE: Review.>>  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) <<NOTE: Consultation.>>  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;

[[Page 134 STAT. 2469]]

            ``(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) <<NOTE: Establishment. Determination.>>  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:

[[Page 134 STAT. 2470]]

``SEC. 959B. <<NOTE: 42 USC 16279b.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Time period.>>  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:

[[Page 134 STAT. 2471]]

            ``(4) a description of the progress made under the programs 
        described in section 959A.''; and
            (5) by inserting after subsection (d) the following:

    ``(e) <<NOTE: Deadline.>>  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. <<NOTE: 42 USC 16279c.>>  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) <<NOTE: Web posting.>>  Dissemination of Results and Public 
Availability.--The Secretary shall, except to the extent protected from 
disclosure under section 552(b) of title 5, United States Code, publish 
the results of projects supported under this subtitle through Department 
websites, reports, databases, training materials, and industry 
conferences, including information discovered after the completion of 
such projects.

    ``(d) Education and Outreach.--In carrying out the activities 
described in this subtitle, the Secretary shall support education and 
outreach activities to disseminate information and promote public 
understanding of nuclear energy.
    ``(e) Technical Assistance.--In carrying out this subtitle, for the 
purposes of supporting technical, nonhardware, and information-based 
advances in nuclear energy development and operations, the Secretary 
shall also conduct technical assistance and analysis activities, 
including activities that support commercial application of nuclear 
energy in rural, Tribal, and low-income communities.
    ``(f) Program Review.--At least annually, all programs in this 
subtitle shall be subject to an annual review by the Nuclear Energy 
Advisory Committee of the Department or other independent entity, as 
appropriate.
    ``(g) Sensitive Information.--The Secretary shall not publish any 
information generated under this subtitle that is detrimental to 
national security, as determined by the Secretary.''.
    (b) Table of Contents.--The table of contents of the Energy Policy 
Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended

[[Page 134 STAT. 2472]]

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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 2473]]

                          ``(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) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 2474]]

                          ``(i) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Russia. Effective date. 42 USC 2297h-10a note.>>  
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) <<NOTE: 42 USC 2053.>>  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

[[Page 134 STAT. 2475]]

        authorized to be appropriated to the Secretary to carry out the 
        activities described in subsection (d) $25,000,000 for each of 
        fiscal years 2021 through 2025.'';
            (4) by amending subsection (e) to read as follows:

    ``(e) Alternative and Enabling Concepts.--
            ``(1) In general.--The Director shall support research and 
        development activities and facility operations at institutions 
        of higher education, National Laboratories, and private 
        facilities in the United States for a portfolio of alternative 
        and enabling fusion energy concepts that may provide solutions 
        to significant challenges to the establishment of a commercial 
        magnetic fusion power plant, prioritized based on the ability of 
        the United States to play a leadership role in the international 
        fusion research community.
            ``(2) Activities.--Fusion energy concepts and activities 
        explored under paragraph (1) may include--
                    ``(A) alternative fusion energy concepts, 
                including--
                          ``(i) advanced stellarator concepts;
                          ``(ii) non-tokamak confinement configurations 
                      operating at low magnetic fields;
                          ``(iii) magnetized target fusion energy 
                      concepts; or
                          ``(iv) other promising fusion energy concepts 
                      identified by the Director;
                    ``(B) enabling fusion technology development 
                activities, including--
                          ``(i) high magnetic field approaches 
                      facilitated by high temperature superconductors;
                          ``(ii) liquid metals to address issues 
                      associated with fusion plasma interactions with 
                      the inner wall of the encasing device; and
                          ``(iii) advanced blankets for heat management 
                      and fuel breeding; and
                    ``(C) advanced scientific computing activities.
            ``(3) Innovation network for fusion energy.--
                    ``(A) In general.--The Secretary, acting through the 
                Office of Science, shall support a program to provide 
                fusion energy researchers with access to scientific and 
                technical resources and expertise at facilities 
                supported by the Department, including such facilities 
                at National Laboratories and universities, to advance 
                innovative fusion energy technologies toward commercial 
                application.
                    ``(B) Awards.--Financial assistance under the 
                program established in subsection (a)--
                          ``(i) shall be awarded on a competitive, 
                      merit-reviewed basis; and
                          ``(ii) may be in the form of grants, vouchers, 
                      equipment loans, or contracts to private entities.
            ``(4) Authorization of appropriations.--Out of funds 
        authorized to be appropriated under subsection (o), there are 
        authorized to be appropriated to the Secretary to carry out the 
        activities described in subsection (e) $50,000,000 for each of 
        fiscal years 2021 through 2025.''; and
            (5) by adding at the end the following:

    ``(i) Milestone-based Development Program.--
            ``(1) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2476]]

        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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2477]]

        with experts that represent diverse perspectives and 
        professional experiences, including those from the private 
        sector, to ensure a complete and thorough review.
            ``(8) <<NOTE: Deadline. Contracts. Assessments.>>  
        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) <<NOTE: Coordination.>>  International Collaboration.--The 
Director shall--

[[Page 134 STAT. 2478]]

            ``(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) <<NOTE: Assessment.>>  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 <<NOTE: Coordination.>>  shall coordinate and carry 
        out the responsibilities of the United States with respect to 
        this Agreement.

[[Page 134 STAT. 2479]]

            ``(2) Report.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall submit to 
        Congress a report providing an assessment of the most recent 
        schedule for ITER that has been approved by the ITER Council.
            ``(3) Authorization of appropriations.--Out of funds 
        authorized to be appropriated under section 307(o) of the 
        Department of Energy Research and Innovation Act (42 U.S.C. 
        18645), there shall be made available to the Secretary to carry 
        out the construction of ITER--
                    ``(A) $374,000,000 for fiscal year 2021; and
                    ``(B) $281,000,000 for each of fiscal years 2022 
                through 2025.''.

                 TITLE III--RENEWABLE ENERGY AND STORAGE

          Subtitle A--Renewable Energy Research and Development

SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.

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

           ``Subtitle C--Water Power Research and Development

``SEC. 632. <<NOTE: 42 USC 17211.>>  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;

[[Page 134 STAT. 2480]]

                    ``(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. <<NOTE: 42 USC 17212.>>  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. <<NOTE: 42 USC 17213.>>  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

[[Page 134 STAT. 2481]]

                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--

[[Page 134 STAT. 2482]]

                    ``(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) <<NOTE: Determination.>>  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. <<NOTE: 42 USC 17214.>>  MARINE ENERGY RESEARCH, 
                          DEVELOPMENT, AND DEMONSTRATION.

    ``(a) <<NOTE: Consultation.>>  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;

[[Page 134 STAT. 2483]]

            ``(5) identify and study critical short-term and long-term 
        needs to maintaining a sustainable marine energy supply chain 
        based in the United States;
            ``(6) increase the reliability, security, and resilience of 
        marine energy technologies;
            ``(7) validate the performance, reliability, 
        maintainability, and cost of marine energy device designs and 
        system components in an operating environment;
            ``(8) consider the protection of critical infrastructure, 
        such as adequate separation between marine energy devices and 
        submarine telecommunications cables, including through the 
        development of voluntary, consensus-based standards for such 
        purposes;
            ``(9) identify opportunities for crosscutting research, 
        development, and demonstration programs between existing energy 
        research programs;
            ``(10) identify and improve, in conjunction with the 
        Secretary of Commerce, acting through the Under Secretary of 
        Commerce for Oceans and Atmosphere, and other relevant Federal 
        agencies as appropriate, the environmental impact, including 
        potential cumulative environmental impacts, of marine energy 
        technologies, including--
                    ``(A) potential impacts on fisheries and other 
                marine resources; and
                    ``(B) developing technologies, including mechanisms 
                for self-evaluation, and other means available for 
                improving environmental impact, including potential 
                cumulative environmental impacts;
            ``(11) identify, in consultation with relevant Federal 
        agencies, potential navigational impacts of marine energy 
        technologies and strategies to prevent possible adverse impacts, 
        in addition to opportunities for marine energy systems to aid 
        the United States Coast Guard, such as remote sensing for 
        coastal border security;
            ``(12) develop numerical and physical tools, including 
        models and monitoring technologies, to assist industry in device 
        and system design, installation, operation, and maintenance, 
        including methods to validate such tools;
            ``(13) support materials science as it relates to marine 
        energy technology, such as the development of corrosive-
        resistant materials;
            ``(14) improve marine energy resource forecasting and 
        general understanding of aquatic system behavior, including 
        turbulence and extreme conditions;
            ``(15) <<NOTE: Coordination.>>  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

[[Page 134 STAT. 2484]]

            ``(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) <<NOTE: Consultation.>>  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. <<NOTE: 42 USC 17215.>>  NATIONAL MARINE ENERGY 
                          CENTERS.

    ``(a) <<NOTE: Grants.>>  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) <<NOTE: Coordination.>>  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;

[[Page 134 STAT. 2485]]

            ``(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. <<NOTE: 42 USC 17216.>>  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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 2486]]

    ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Time period. Public information.>>  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. <<NOTE: 42 USC 17217.>>  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. <<NOTE: 42 USC 17218.>>  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.

[[Page 134 STAT. 2487]]

``Sec. 633. Water power technology research, development, and 
           demonstration.
``Sec. 634. Hydropower research, development, and demonstration.
``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.

SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.

    (a) Definitions.--Section 612 of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17191) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Engineered.--When referring to enhanced geothermal 
        systems, the term `engineered' means designed to access 
        subsurface heat, including stimulation and nonstimulation 
        technologies to address one or more of the following issues:
                    ``(A) Lack of effective permeability, porosity or 
                open fracture connectivity within the heat reservoir.
                    ``(B) Insufficient contained geofluid in the heat 
                reservoir.
                    ``(C) A low average geothermal gradient which 
                necessitates deeper drilling, or the use of alternative 
                heat sources or heat generation processes.'';
            (2) by redesignating paragraphs (2) through (7) as 
        paragraphs (3) through (8), respectively; and
            (3) by adding after paragraph (1) the following:
            ``(2) Eligible entity.--The term `eligible entity' means any 
        of the following entities:
                    ``(A) An institution of higher education.
                    ``(B) A National laboratory.
                    ``(C) A Federal research agency.
                    ``(D) A State research agency.
                    ``(E) A nonprofit research organization.
                    ``(F) An industrial entity.
                    ``(G) A consortium of 2 or more entities described 
                in subparagraphs (A) through (F).''.

    (b) Hydrothermal Research and Development.--Section 613 of the 
Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is 
amended to read as follows:
``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall carry out a program of 
research, development, demonstration, and commercial application for 
geothermal energy production from hydrothermal systems.
    ``(b) Programs.--The program authorized in subsection (a) shall 
include the following:
            ``(1) Advanced hydrothermal resource tools.--The research 
        and development of advanced geologic tools to assist in locating 
        hydrothermal resources, and to increase the reliability of site 
        characterization, including the development of new imaging and 
        sensing technologies and techniques to assist in prioritization 
        of targets for characterization;
            ``(2) Exploratory drilling for geothermal resources.--The 
        demonstration of advanced technologies and techniques of siting 
        and exploratory drilling for undiscovered resources in a variety 
        of geologic settings, carried out in collaboration with industry 
        partners that will assist in the acquisition of high quality 
        data sets relevant for hydrothermal subsurface characterization 
        activities.''.

[[Page 134 STAT. 2488]]

    (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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 2489]]

            ``(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) <<NOTE: Consultation.>>  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;

[[Page 134 STAT. 2490]]

            ``(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) <<NOTE: Determination.>>  determine the 
                mission need for and potential location of subsequent 
                FORGE sites following the completion of construction and 
                one year of operation of two FORGE sites; and
                    ``(D) ensure geologic diversity among FORGE sites 
                when developing subsequent sites, to the maximum extent 
                practicable.
            ``(4) Existing forge sites.--A FORGE site already in 
        existence on the date of enactment of this Act may continue to 
        receive support.
            ``(5) Site operation.--
                    ``(A) Initial duration.--FORGE sites selected under 
                paragraph (3) shall operate for an initial term of not 
                more than 7 years after the date on which site operation 
                begins.
                    ``(B) <<NOTE: Determination.>>  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.--

[[Page 134 STAT. 2491]]

                    ``(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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2492]]

                    ``(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. <<NOTE: 42 USC 17195a.>>  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.

[[Page 134 STAT. 2493]]

            ``(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) <<NOTE: Determination.>>  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 
                ``<SUP>organization</SUP> and</SUP> administration</SUP> 
                of</SUP> programs</SUP>'';
                    (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

[[Page 134 STAT. 2494]]

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

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

    (g) Advanced Geothermal Computing and Data Science Research and 
Development.--
            (1) In general.--Section 618 of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17197) is amended to read as 
        follows:
``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE 
                          RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall carry out a program of 
research and development of advanced computing and data science tools 
for geothermal energy.
    ``(b) Programs.--The program authorized in subsection (a) shall 
include the following:
            ``(1) Advanced computing for geothermal systems 
        technologies.--Research, development, and demonstration of 
        technologies to develop advanced data, machine learning, 
        artificial intelligence, and related computing tools to assist 
        in locating geothermal resources, to increase the reliability of 
        site characterization, to increase the rate and efficiency of 
        drilling, to improve induced seismicity mitigation, and to 
        support enhanced geothermal systems technologies.
            ``(2) Geothermal systems reservoir modeling.--Research, 
        development, and demonstration of models of geothermal reservoir 
        performance and enhanced geothermal systems reservoir 
        stimulation technologies and techniques, with an emphasis on 
        accurately modeling fluid and heat flow, permeability evolution, 
        geomechanics, geochemistry, seismicity, and

[[Page 134 STAT. 2495]]

        operational performance over time, including collaboration with 
        industry and field validation.

    ``(c) <<NOTE: Consultation.>>  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.) <<NOTE: 42 USC 17199, 17200.>>  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.) <<NOTE: 30 USC 1101 and note, 1102, 1121-1126, 1141-
        1147, 1161-1164.>>  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:

[[Page 134 STAT. 2496]]

    ``(a) <<NOTE: Coordination.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Coordination.>>  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

[[Page 134 STAT. 2497]]

        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. <<NOTE: 42 USC 16237.>>  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

[[Page 134 STAT. 2498]]

                    (M) a consortium of 2 or more entities described in 
                subparagraphs (A) through (L).
            (4) Indian tribe.--The term ``Indian Tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5304).
            (5) Institution of higher education.--The term ``institution 
        of higher education'' means--
                    (A) an institution of higher education (as defined 
                in section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a))); or
                    (B) a postsecondary vocational institution (as 
                defined in section 102(c) of the Higher Education Act of 
                1965 (20 U.S.C. 1002(c))).
            (6) Minority serving institution.--The term ``minority-
        serving institution'' has the meaning given the term ``eligible 
        institution'' in section 371(a) of the Higher Education Act of 
        1965 (20 U.S.C. 1067q(a)).
            (7) National laboratory.--The term ``National Laboratory'' 
        has the meaning given such term in section 2(3) of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801(3)).
            (8) Native hawaiian community-based organization.--The term 
        ``Native Hawaiian community-based organization'' has the meaning 
        given the term in section 6207 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7517).
            (9) Program.--The term ``program'' means the program 
        established under subsection (b)(1).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (11) Territory or freely associated state.--The term 
        ``territory or freely associated state'' has the meaning given 
        the term ``insular area'' in section 1404 of the Food and 
        Agriculture Act of 1977 (7 U.S.C. 3103).
            (12) Tribal energy development organization.--The term 
        ``Tribal energy development organization'' has the meaning given 
        the term ``tribal energy development organization'' in section 
        2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
            (13) Tribal organization.--The term ``Tribal organization'' 
        has the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).

    (b) Wind Energy Technology Program.--
            (1) Establishment.--
                    (A) In general.--The Secretary shall establish a 
                program to conduct research, development, demonstration, 
                and commercialization of wind energy technologies in 
                accordance with this subsection.
                    (B) Purposes.--The purposes of the program are the 
                following:
                          (i) To improve the energy efficiency, cost 
                      effectiveness, reliability, resilience, security, 
                      siting, integration, manufacturability, 
                      installation, decommissioning, and recyclability 
                      of wind energy technologies.
                          (ii) To optimize the performance and operation 
                      of wind energy components, turbines, and systems, 
                      including through the development of new 
                      materials, hardware, and software.

[[Page 134 STAT. 2499]]

                          (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) <<NOTE: Deadline. Time periods.>>  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.

[[Page 134 STAT. 2500]]

                          (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--

[[Page 134 STAT. 2501]]

                                    (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) <<NOTE: Determination.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2502]]

                                    (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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Summary. Time period. Effective 
                      date.>>  Contents.--The report under paragraph (1) 
                      shall include a summary of research, development, 
                      demonstration, and commercialization needs, 
                      including an estimate of Federal funding 
                      requirements, to further examine and validate the 
                      technical and economic viability of airborne wind 
                      energy concepts over the 10-year period beginning 
                      on the date of the enactment of this Act.
            (3) Wind technician training grant program.--The Secretary 
        may award grants, on a competitive basis, to eligible entities 
        to purchase large pieces of wind component equipment, such as 
        nacelles, towers, and blades, for use in training wind 
        technician students in onshore or offshore wind applications.
            (4) Wind energy technology recycling research, development, 
        and demonstration program.--
                    (A) In general.--In addition to the program 
                activities described in paragraph (2), in carrying out 
                the program, the Secretary shall award financial 
                assistance to eligible entities for research, 
                development, and demonstration, and commercialization 
                projects to create innovative and practical approaches 
                to increase the reuse and recycling of wind energy 
                technologies, including--
                          (i) by increasing the efficiency and cost 
                      effectiveness of the recovery of raw materials 
                      from wind energy technology components and 
                      systems, including enabling technologies such as 
                      inverters;

[[Page 134 STAT. 2503]]

                          (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) <<NOTE: Public information.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2504]]

                    (A) <<NOTE: Deadline. Time period. Assessments.>>  
                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) <<NOTE: Coordination.>>  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. <<NOTE: 42 US 16238.>>  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)).

[[Page 134 STAT. 2505]]

            (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.

[[Page 134 STAT. 2506]]

                          (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) <<NOTE: Deadline. Time periods.>>  Targets.--Not 
                later than 180 days after the date of enactment of this 
                Act, the Secretary shall establish targets for the 
                program to address near-term (up to 2 years), mid-term 
                (up to 7 years), and long-term (up to 15 years) 
                challenges to the advancement of all types of solar 
                energy systems.
            (2) Activities.--
                    (A) Types of activities.--In carrying out the 
                program, the Secretary shall carry out research, 
                development, demonstration, and commercialization 
                activities, including--
                          (i) awarding grants and awards, on a 
                      competitive, merit-reviewed basis;
                          (ii) performing precompetitive research and 
                      development;
                          (iii) establishing or maintaining 
                      demonstration facilities and projects, including 
                      through stewardship of existing facilities;
                          (iv) providing technical assistance;
                          (v) entering into contracts and cooperative 
                      agreements;
                          (vi) providing small business vouchers;
                          (vii) establishing prize competitions;
                          (viii) conducting education and outreach 
                      activities;
                          (ix) conducting workforce development 
                      activities; and
                          (x) conducting analyses, studies, and reports.
                    (B) Subject areas.--The Secretary shall carry out 
                research, development, demonstration, and 
                commercialization activities in the following subject 
                areas:
                          (i) Advanced solar energy technologies of 
                      varying scale and power production, including--
                                    (I) new materials, components, 
                                designs, and systems, including 
                                perovskites, cadmium telluride, and 
                                organic materials;
                                    (II) advanced photovoltaic and thin-
                                film devices;
                                    (III) concentrated solar power;
                                    (IV) solar heating and cooling; and
                                    (V) enabling technologies for solar 
                                energy systems, including hardware and 
                                software.
                          (ii) Solar energy technology siting, 
                      performance, installation, operations, resilience, 
                      and security.

[[Page 134 STAT. 2507]]

                          (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) <<NOTE: Determination.>>  any 
                                other appropriate matter, as determined 
                                by the Secretary.
                          (ix) Transformational technologies for 
                      harnessing solar energy.
                          (x) <<NOTE: Determination.>>  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--

[[Page 134 STAT. 2508]]

                                    (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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2509]]

                      organizations, minority-serving institutions, or 
                      territories or freely associated states; or
                          (v) are located in economically distressed 
                      areas.
                    (C) <<NOTE: Deadline. Time period. Public 
                information.>>  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) <<NOTE: Public information.>>  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.

[[Page 134 STAT. 2510]]

            (5) Solar energy technology materials physical property 
        database.--
                    (A) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  relevant 
                      industry stakeholders, as determined by the 
                      Secretary.
            (6) Solar energy technology program strategic vision.--
                    (A) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Study.>>  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) <<NOTE: Recommenda- tions.>>  policy 
                      recommendations for enhancing solar energy 
                      technology manufacturing in the United States;
                          (iii) <<NOTE: Time period. Plan.>>  a 10-year 
                      target and plan to enhance the competitiveness of 
                      solar energy technology manufacturing in the 
                      United States; and
                          (iv) <<NOTE: Determination.>>  any other 
                      research areas as determined by the Secretary.

[[Page 134 STAT. 2511]]

                    (C) <<NOTE: Coordination.>>  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) <<NOTE: Definition.>>  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 ``<SUP>wind,</SUP> 
                photovoltaics,</SUP> and</SUP> solar</SUP> 
                thermal</SUP>'' and inserting ``<SUP>alcohol</SUP> from</SUP> 
                biomass</SUP> and</SUP> other</SUP> technology</SUP>'';
                    (B) in subsection (a)--

[[Page 134 STAT. 2512]]

                          (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.

[[Page 134 STAT. 2513]]

    (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.) <<NOTE: 42 
        USC 6601 note, 5551-5566.>>  is repealed.
            (2) <<NOTE: 42 USC 5551 note.>>  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.) <<NOTE: 42 USC 5501 note, 5581-5594.>>  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. <<NOTE: 43 USC 3001.>>  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

[[Page 134 STAT. 2514]]

                          (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. <<NOTE: 43 USC 3002.>>  PROGRAM TO IMPROVE ELIGIBLE 
                          PROJECT PERMIT COORDINATION.

    (a) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall enter into a memorandum of understanding for purposes of 
        this section with--
                    (A) the Secretary of Agriculture;
                    (B) the Administrator of the Environmental 
                Protection Agency; and
                    (C) the Secretary of Defense.
            (2) State and tribal participation.--The Secretary may 
        request the Governor of any interested State or any Tribal 
        leader of any interested Indian Tribe (as defined in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304)) to be a signatory to the memorandum of 
        understanding under paragraph (1).

    (c) Designation of Qualified Staff.--
            (1) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2515]]

                    (A) <<NOTE: Consultation.>>  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) <<NOTE: Analyses.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2516]]

        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. <<NOTE: 43 USC 3003.>>  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. <<NOTE: 43 USC 3004.>>  NATIONAL GOAL FOR RENEWABLE 
                          ENERGY PRODUCTION ON FEDERAL LAND.

    (a) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2517]]

                    ``(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. <<NOTE: 43 USC 3005.>>  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. <<NOTE: 42 USC 17232.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2518]]

                          (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) <<NOTE: Determination.>>  other 
                                innovative equipment and materials as 
                                determined by the Secretary; and
                          (ii) reductions of civil works costs and 
                      construction times for hydropower and pumped 
                      storage systems, including comprehensive data and 
                      systems analysis of hydropower and pumped storage 
                      construction technologies and processes in order 
                      to identify areas for whole-system efficiency 
                      gains;
                    (H) models and tools to demonstrate the costs and 
                benefits of energy storage to--
                          (i) power and water supply systems;
                          (ii) electric generation portfolio 
                      optimization; and
                          (iii) expanded deployment of other renewable 
                      energy technologies, including in integrated 
                      energy storage systems;
                    (I) energy storage use cases from individual and 
                combination technology applications, including value 
                from various-use cases and energy storage services; and
                    (J) advanced manufacturing technologies that have 
                the potential to improve United States competitiveness 
                in

[[Page 134 STAT. 2519]]

                energy storage manufacturing or reduce United States 
                dependence on critical materials.
            (3) <<NOTE: Coordination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2520]]

                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) <<NOTE: Deadline. Review.>>  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) <<NOTE: Deadline. Contracts.>>  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);

[[Page 134 STAT. 2521]]

                          (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.

[[Page 134 STAT. 2522]]

                          (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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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 134 STAT. 2523]]

                    (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) <<NOTE: Public information.>>  
                                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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2524]]

                          ``(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.

[[Page 134 STAT. 2525]]

SEC. 3202. <<NOTE: 42 USC 17233.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2526]]

                          (i) to conduct feasibility studies to assess 
                      the potential for implementation or improvement of 
                      energy storage technology or microgrid projects;
                          (ii) <<NOTE: Analysis.>>  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) <<NOTE: Cost analysis.>>  to perform a 
                      cost-benefit analysis with respect to an energy 
                      storage technology or microgrid project;
                          (v) <<NOTE: Plans.>>  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) <<NOTE: Coordination. Determination.>>  
                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) <<NOTE: Public information.>>  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;

[[Page 134 STAT. 2527]]

                    (E) obtaining case studies of similar and successful 
                energy storage technology or microgrid projects;
                    (F) <<NOTE: Review. Assessment.>>  reviewing and 
                obtaining computer software for assessment, design, and 
                operation and maintenance of energy storage technology 
                or microgrid systems; and
                    (G) understanding and utilizing the reliability and 
                resiliency benefits of energy storage technology and 
                microgrid projects.
            (2) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2528]]

                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. <<NOTE: 42 USC 16292.>>  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.--

[[Page 134 STAT. 2529]]

                    ``(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;

[[Page 134 STAT. 2530]]

                    ``(C) demonstration projects, in accordance with 
                paragraph (4); and
                    ``(D) a front-end engineering and design program.
            ``(3) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 2531]]

                    ``(C) Decreasing the non-carbon dioxide relevant 
                environmental impacts of coal and natural gas 
                production, including by--
                          ``(i) further reducing non-carbon dioxide air 
                      emissions; and
                          ``(ii) reducing the use, and managing the 
                      discharge, of water in power plant operations.
                    ``(D) Accelerating the development of technologies 
                to significantly decrease emissions from manufacturing 
                and industrial facilities, including--
                          ``(i) nontraditional fuel manufacturing 
                      facilities, including ethanol or other biofuel 
                      production plants or hydrogen production plants; 
                      and
                          ``(ii) energy-intensive manufacturing 
                      facilities that produce carbon dioxide as a 
                      byproduct of operations.
                    ``(E) <<NOTE: Contracts.>>  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) <<NOTE: Contracts.>>  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-

[[Page 134 STAT. 2532]]

                      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

[[Page 134 STAT. 2533]]

                                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) <<NOTE: Determination.>>  
                                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) <<NOTE: List.>>  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) <<NOTE: List.>>  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

[[Page 134 STAT. 2534]]

                                        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)--

[[Page 134 STAT. 2535]]

                          ``(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) <<NOTE: Grants.>>  Carbon Capture Test Centers.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 2 
        years after the date of enactment of the Energy Act of 2020, the 
        Secretary shall award grants to 1 or more entities for the 
        operation of 1 or more test centers (referred to in this 
        subsection as a `Center') to provide distinct testing 
        capabilities for innovative carbon capture technologies.
            ``(2) Purpose.--Each Center shall--
                    ``(A) advance research, development, demonstration, 
                and commercial application of carbon capture 
                technologies;
                    ``(B) support large-scale pilot projects and 
                demonstration projects and test carbon capture 
                technologies; and
                    ``(C) develop front-end engineering design and 
                economic analysis.
            ``(3) Selection.--
                    ``(A) In general.--The Secretary shall select 
                entities to receive grants under this subsection 
                according to such criteria as the Secretary may develop.
                    ``(B) Competitive basis.--The Secretary shall select 
                entities to receive grants under this subsection on a 
                competitive basis.
                    ``(C) Priority criteria.--In selecting entities to 
                receive grants under this subsection, the Secretary 
                shall prioritize consideration of applicants that--
                          ``(i) have access to existing or planned 
                      research facilities for carbon capture 
                      technologies;
                          ``(ii) are institutions of higher education 
                      with established expertise in engineering for 
                      carbon capture technologies, or partnerships with 
                      such institutions of higher education; or
                          ``(iii) have access to existing research and 
                      test facilities for bulk materials design and 
                      testing, component design and testing, or 
                      professional engineering design.
                    ``(D) Existing centers.--In selecting entities to 
                receive grants under this subsection, the Secretary 
                shall prioritize carbon capture test centers in 
                existence on the date of enactment of the Energy Act of 
                2020.
            ``(4) Formula for awarding grants.--The Secretary may 
        develop a formula for awarding grants under this subsection.
            ``(5) Schedule.--

[[Page 134 STAT. 2536]]

                    ``(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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2537]]

                    ``(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) <<NOTE: Coordination.>>  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) <<NOTE: Valuation.>>  evaluating the 
                interactions of carbon dioxide with formation solids and 
                fluids, including the propensity of injections to induce 
                seismic activity;
                    ``(E) <<NOTE: Assessment.>>  assessing and ensuring 
                the safety of operations relating to geologic 
                sequestration of carbon dioxide;
                    ``(F) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2538]]

        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) <<NOTE: Assessments.>>  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;

[[Page 134 STAT. 2539]]

121 Stat. 1708) is amended by striking the item relating to section 963 
and inserting the following:

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

    (c) Conforming Amendments.--
            (1) Section 703(a)(3) of the Department of Energy Carbon 
        Capture and Sequestration Research, Development, and 
        Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, in 
        the first sentence of the matter preceding subparagraph (A), 
        by--
                    (A) striking ``section 963(c)(3)'' and inserting 
                ``section 963(c)''; and
                    (B) striking ``16293(c)(3)'' and inserting 
                ``16293(c)''.
            (2) Section 704 of the Department of Energy Carbon Capture 
        and Sequestration Research, Development, and Demonstration Act 
        of 2007 (42 U.S.C. 17252) is amended, in the first sentence, 
        by--
                    (A) striking ``section 963(c)(3)'' and inserting 
                ``section 963(c)''; and
                    (B) striking ``16293(c)(3)'' and inserting 
                ``16293(c)''.
SEC. 4004. CARBON UTILIZATION PROGRAM.

    (a) Carbon Utilization Program.--
            (1) In general.--Subtitle F of title IX of the Energy Policy 
        Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at 
        the end the following:
``SEC. 969A. <<NOTE: 42 USC 16298a.>>  CARBON UTILIZATION PROGRAM.

    ``(a) <<NOTE: Assessment.>>  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) <<NOTE: Deadline. Time period.>>  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

[[Page 134 STAT. 2540]]

        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) <<NOTE: Time period.>>  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.--

[[Page 134 STAT. 2541]]

            (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) <<NOTE: Determination.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Analysis.>>  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;

[[Page 134 STAT. 2542]]

                    (I)(i) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 42 USC 16298b.>>  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;

[[Page 134 STAT. 2543]]

            ``(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) <<NOTE: Assessment.>>  assess overall combined cycle 
        and simple cycle system performance;
            ``(5) increase fuel flexibility by enabling gas turbines to 
        operate with high proportions of, or pure, hydrogen or other 
        renewable gas fuels;
            ``(6) enhance foundational knowledge needed for low-emission 
        combustion systems that can work in high-pressure, high-
        temperature environments required for high-efficiency cycles;
            ``(7) increase operational flexibility by reducing turbine 
        start-up times and improving the ability to accommodate flexible 
        power demand; and
            ``(8) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2544]]

                    ``(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. <<NOTE: 42 USC 16298c.>>  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) <<NOTE: Appointments.>>  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.--

[[Page 134 STAT. 2545]]

                    ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  an assessment of the quality of 
        science and research at the National Energy Technology 
        Laboratory, relative to similar work at other National 
        Laboratories;
            ``(2) <<NOTE: Review.>>  a review of the effectiveness of 
        authorities provided in subsections (a) and (b); and
            ``(3) <<NOTE: Recommenda- tions.>>  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.''.

[[Page 134 STAT. 2546]]

    (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. <<NOTE: 42 USC 10310.>>  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:

[[Page 134 STAT. 2547]]

``SEC. 969D. <<NOTE: 42 USC 16298d.>>  CARBON REMOVAL.

    ``(a) <<NOTE: Coordination.>>  Establishment.--The Secretary, in 
coordination with the heads of appropriate Federal agencies, including 
the Secretary of Agriculture, shall establish a research, development, 
and demonstration program (referred to in this section as the `program') 
to test, validate, or improve technologies and strategies to remove 
carbon dioxide from the atmosphere on a large scale.

    ``(b) Intraagency Coordination.--The Secretary shall ensure that the 
program includes the coordinated participation of the Office of Fossil 
Energy, the Office of Science, and the Office of Energy Efficiency and 
Renewable Energy.
    ``(c) Program Activities.--The program may include research, 
development, and demonstration activities relating to--
            ``(1) direct air capture and storage technologies;
            ``(2) bioenergy with carbon capture and sequestration;
            ``(3) enhanced geological weathering;
            ``(4) agricultural practices;
            ``(5) forest management and afforestation; and
            ``(6) planned or managed carbon sinks, including natural and 
        artificial.

    ``(d) Requirements.--In developing and identifying carbon removal 
technologies and strategies under the program, the Secretary shall 
consider--
            ``(1) land use changes, including impacts on natural and 
        managed ecosystems;
            ``(2) ocean acidification;
            ``(3) net greenhouse gas emissions;
            ``(4) commercial viability;
            ``(5) potential for near-term impact;
            ``(6) potential for carbon reductions on a gigaton scale; 
        and
            ``(7) economic cobenefits.

    ``(e) Air Capture Prize Competitions.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Dilute media.--The term `dilute media' means 
                media in which the concentration of carbon dioxide is 
                less than 1 percent by volume.
                    ``(B) Prize competition.--The term `prize 
                competition' means the competitive technology prize 
                competition established under paragraph (2).
                    ``(C) Qualified carbon dioxide.--
                          ``(i) In general.--The term `qualified carbon 
                      dioxide' means any carbon dioxide that--
                                    ``(I) is captured directly from the 
                                ambient air; and
                                    ``(II) is measured at the source of 
                                capture and verified at the point of 
                                disposal, injection, or utilization.
                          ``(ii) Inclusion.--The term `qualified carbon 
                      dioxide' includes the initial deposit of captured 
                      carbon dioxide used as a tertiary injectant.
                          ``(iii) Exclusion.--The term `qualified carbon 
                      dioxide' does not include carbon dioxide that is 
                      recaptured, recycled, and reinjected as part of 
                      the enhanced oil and natural gas recovery process.
                    ``(D) Qualified direct air capture facility.--

[[Page 134 STAT. 2548]]

                          ``(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) <<NOTE: Deadline. Consultation.>>  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

[[Page 134 STAT. 2549]]

                      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) <<NOTE: Determination.>>  
                                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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2550]]

                          ``(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) <<NOTE: Time period. Determination.>>  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. <<NOTE: 42 USC 16298e.>>  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

[[Page 134 STAT. 2551]]

dioxide directly from ambient air or, in dissolved form, from seawater, 
combined with the sequestration of that carbon dioxide, including 
through--
            (1) direct air capture and sequestration;
            (2) enhanced carbon mineralization;
            (3) bioenergy with carbon capture and sequestration;
            (4) forest restoration;
            (5) soil carbon management; and
            (6) direct ocean capture.

    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Energy (in this section referred to as the 
``Secretary''), in consultation with the heads of any other relevant 
Federal agencies, shall prepare a report that--
            (1) <<NOTE: Estimate.>>  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) <<NOTE: Inventory.>>  inventories current and emerging 
        approaches of carbon dioxide removal and evaluates the 
        advantages and disadvantages of each of the approaches; and
            (3) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Public information.>>  as soon as practicable 
        after completion of the report, make the report publicly 
        available.

    (d) Evaluation; Revision.--
            (1) <<NOTE: Deadline. Time period.>>  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

[[Page 134 STAT. 2552]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tion.>>  submit to Congress 
                a recommendation as to whether the task force should 
                continue.

           TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

SEC. 6001. <<NOTE: 42 USC 17113 note.>>  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''.

[[Page 134 STAT. 2553]]

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. <<NOTE: 42 USC 17113.>>  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) <<NOTE: Deadline. Consultation.>>  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;

[[Page 134 STAT. 2554]]

                    ``(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;

[[Page 134 STAT. 2555]]

            ``(2) alternative materials that produce fewer emissions 
        during production and result in fewer emissions during use, 
        including--
                    ``(A) high-performance lightweight materials; and
                    ``(B) substitutions for critical materials and 
                minerals;
            ``(3) development of net-zero emissions liquid and gaseous 
        fuels;
            ``(4) emissions reduction in shipping, aviation, and long 
        distance transportation;
            ``(5) carbon capture technologies for industrial processes;
            ``(6) other technologies that achieve net-zero emissions in 
        nonpower industrial sectors, as determined by the Secretary, in 
        consultation with the Director; and
            ``(7) high-performance computing to develop advanced 
        materials and manufacturing processes contributing to the focus 
        areas described in paragraphs (1) through (6), including--
                    ``(A) modeling, simulation, and optimization of the 
                design of energy efficient and sustainable products; and
                    ``(B) the use of digital prototyping and additive 
                manufacturing to enhance product design.
            ``(8) incorporation of sustainable chemistry and engineering 
        principles, practices, and methodologies, as the Secretary 
        determines appropriate; and
            ``(9) other research or technology areas identified in the 
        Strategic Plan authorized in section 455.

    ``(d) Grants, Contracts, Cooperative Agreements, and Demonstration 
Projects.--
            ``(1) Grants.--In carrying out the program, the Secretary 
        shall award grants on a competitive basis to eligible entities 
        for projects that the Secretary determines would best achieve 
        the goals of the program.
            ``(2) Contracts and cooperative agreements.--In carrying out 
        the program, the Secretary may enter into contracts and 
        cooperative agreements with eligible entities and Federal 
        agencies for projects that the Secretary determines would 
        further the purposes of the program.
            ``(3) Demonstration projects.--In supporting technologies 
        developed under this section, the Secretary shall fund 
        demonstration projects that test and validate technologies 
        described in subsection (c).
            ``(4) Application.--An entity seeking funding or a contract 
        or agreement under this subsection shall submit to the Secretary 
        an application at such time, in such manner, and containing such 
        information as the Secretary may require.
            ``(5) Cost sharing.--In awarding funds under this section, 
        the Secretary shall require cost sharing in accordance with 
        section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out the demonstration projects 
authorized in subsection (d)(3)--
            ``(1) $20,000,000 for fiscal year 2021;
            ``(2) $80,000,000 for fiscal year 2022;
            ``(3) $100,000,000 for fiscal year 2023;
            ``(4) $150,000,000 for fiscal year 2024; and
            ``(5) $150,000,000 for fiscal year 2025.

    ``(f) Coordination.--The Secretary shall carry out the activities 
authorized in this section in accordance with section 203 of the

[[Page 134 STAT. 2556]]

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. <<NOTE: 42 USC 17114.>>  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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Coordination. Determination.>>  any 
                other individuals the Secretary, in coordination with 
                the Director, determines to be necessary to ensure

[[Page 134 STAT. 2557]]

                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.

[[Page 134 STAT. 2558]]

    ``(e) Meetings.--
            ``(1) Frequency.--The Committee shall meet not less 
        frequently than 2 times per year, at the call of the Chair.
            ``(2) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  recommendations 
                for improving technology screening criteria and 
                management of the program;
                    ``(D) <<NOTE: Evaluation.>>  an evaluation of the 
                progress of the program and the research, development, 
                and demonstration activities funded under the program;
                    ``(E) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Review.>>  a review of the management, 
                coordination, and industry utility of the program;
                    ``(J) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  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-

[[Page 134 STAT. 2559]]

140; 121 Stat. 1494) (as amended by section 6003(b)) is amended by 
inserting after the item relating to section 454 the following:

``Sec. 455. Industrial Technology Innovation Advisory Committee.''.

SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL 
                          EMISSIONS REDUCTION.

    (a) In General.--Subtitle D of title IV of the Energy Independence 
and Security Act of 2007, as amended by section 6004, is amended by 
adding at the end the following:
``SEC. 456. <<NOTE: 42 USC 17115.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2560]]

                          ``(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. <<NOTE: 42 USC 17115a.>>  DEVELOPMENT OF NATIONAL SMART 
                          MANUFACTURING PLAN.

    (a) <<NOTE: Deadline. Consultation.>>  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 <<NOTE: Assessment.>> ) 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.

[[Page 134 STAT. 2561]]

    (c) <<NOTE: Deadline. Time period.>>  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. <<NOTE: 42 USC 13344.>>  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

[[Page 134 STAT. 2562]]

                    (E) $27,800,000 for fiscal year 2026.

    (b) <<NOTE: Evaluation.>>  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) <<NOTE: Definition.>>  Critical Material.--In this section, the 
term ``critical material'' has the meaning given the term in section 
7002 of this Act.
SEC. 7002. <<NOTE: 30 USC 1606.>>  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--

[[Page 134 STAT. 2563]]

                    (A) an institution of higher education (as defined 
                in section 101(a) of the Higher Education Act of 1965 
                (20 U.S.C. 1001(a))); or
                    (B) a postsecondary vocational institution (as 
                defined in section 102(c) of the Higher Education Act of 
                1965 (20 U.S.C. 1002(c))).

    (b) Policy.--
            (1) In general.--Section 3 of the National Materials and 
        Minerals Policy, Research and Development Act of 1980 (30 U.S.C. 
        1602) is amended--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) establish an analytical and forecasting capability for 
        identifying critical mineral demand, supply, and other factors 
        to allow informed actions to be taken to avoid supply shortages, 
        mitigate price volatility, and prepare for demand growth and 
        other market shifts;'';
                    (B) in paragraph (6), by striking ``and'' after the 
                semicolon at the end; and
                    (C) by striking paragraph (7) and inserting the 
                following:
            ``(7) facilitate the availability, development, and 
        environmentally responsible production of domestic resources to 
        meet national material or critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary 
        paperwork, and minimize delays in the administration of 
        applicable laws (including regulations) and the issuance of 
        permits and authorizations necessary to explore for, develop, 
        and produce critical minerals and to construct critical mineral 
        manufacturing facilities in accordance with applicable 
        environmental and land management laws;
            ``(9) strengthen--
                    ``(A) educational and research capabilities at not 
                lower than the secondary school level; and
                    ``(B) workforce training for exploration and 
                development of critical minerals and critical mineral 
                manufacturing;
            ``(10) bolster international cooperation through technology 
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling 
        of critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or 
        access to, critical minerals for which viable sources do not 
        exist within the United States.''.
            (2) Conforming amendment.--Section 2(b) of the National 
        Materials and Minerals Policy, Research and Development Act of 
        1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in 
        this Act, the term'' and inserting the following:

    ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means 
        any mineral, element, substance, or material designated as 
        critical by the Secretary under section 7002(c) of the Energy 
        Act of 2020.
            ``(2) Materials.--The term''.

    (c) Critical Mineral Designations.--

[[Page 134 STAT. 2564]]

            (1) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Deadline. Federal Register, publication.>>  
        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) <<NOTE: List. Determination.>>  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.

[[Page 134 STAT. 2565]]

                    (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) <<NOTE: Consultation. Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline. Consultation.>>  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

[[Page 134 STAT. 2566]]

        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) <<NOTE: Time period.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Analysis.>>  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.--

[[Page 134 STAT. 2567]]

            (1) <<NOTE: Notice.>>  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) <<NOTE: Federal Register, 
                publication. Deadline.>>  published in final form in the 
                Federal Register not later than 45 days after the date 
                of initial preparation of the notice.
            (2) Preparation.--The preparation of Federal Register 
        notices required by law associated with the issuance of a 
        critical mineral exploration or mine permit shall be delegated 
        to the organizational level within the agency responsible for 
        issuing the critical mineral exploration or mine permit.
            (3) Transmission.--All Federal Register notices regarding 
        official document availability, announcements of meetings, or 
        notices of intent to undertake an action shall be originated in, 
        and transmitted to the Federal Register from, the office in 
        which, as applicable--
                    (A) the documents or meetings are held; or
                    (B) the activity is initiated.
            (4) Application of certain provisions.--
                    (A) In general.--Subsection (f) shall also apply 
                to--
                          (i) an exploration project in which the 
                      presence of a byproduct is reasonably expected, 
                      based on known mineral companionality, geologic 
                      formation, mineralogy, or other factors; and
                          (ii) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2568]]

                    (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.--

[[Page 134 STAT. 2569]]

                    (A) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 2570]]

                                    (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) <<NOTE: Summary. Evaluation.>>  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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Summary.>>  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

[[Page 134 STAT. 2571]]

                    (C) $35,000,000 for fiscal year 2023.

    (i) Critical Materials Research Database and Information Portal.--
            (1) <<NOTE: Consultation.>>  In general.--In carrying out 
        the program established under subsection (g)(1), the Secretary 
        and the Secretary of Energy (referred to in this subsection as 
        the ``Secretaries''), in consultation with the Director of the 
        National Science Foundation, shall establish and operate a 
        Critical Materials Information Portal (referred to in this 
        subsection as the ``Portal'') to collect, catalogue, 
        disseminate, and archive information on critical materials.
            (2) Cooperation.--In carrying out paragraph (1), the 
        Secretaries shall leverage the expertise of the National 
        Minerals Information Center, the Office of Scientific and 
        Technical Information, and the Critical Materials Consortium 
        established under subsection (g)(8)(A).
            (3) Purpose.--The purpose of the Portal is to support the 
        development of a web-based platform to provide public access to 
        a database of computed information on known and predicted 
        critical materials and related material properties and 
        computational tools in order--
                    (A) to accelerate breakthroughs in critical 
                materials identification and design;
                    (B) to strengthen the foundation for technologies 
                that will enable more sustainable recycling, 
                substitution, use, and recovery and minimize the 
                environmental impacts of methods for extraction, 
                processing, and manufacturing of critical materials; and
                    (C) to drive the development of advanced materials 
                for applications that span the missions of the 
                Department of Energy and the Department of the Interior 
                (referred to in this subsection as the ``Departments'') 
                in energy, environment, and national security.
            (4) Activities.--In carrying out this subsection, the 
        Secretaries shall--
                    (A) conduct cooperative research with industry, 
                academia, and other research institutions to facilitate 
                the design of novel materials, including critical 
                materials and substitutes for critical materials;
                    (B) leverage existing high-performance computing 
                systems to conduct high throughput calculations and 
                develop computing and data mining algorithms for the 
                prediction of material properties, including a focus on 
                critical materials;
                    (C) leverage and support research in mineralogy and 
                mineral chemistry to enhance the understanding, 
                prediction, and manipulation of critical materials;
                    (D) assist scientists and engineers in making the 
                fullest possible use of the relevant data holdings of 
                the Departments, including the scientific and technical 
                data generated by the research and development 
                activities funded under subsection (g);
                    (E) seek and incorporate other information on 
                critical materials to enhance the Departments' utility 
                for program participants and other users; and
                    (F) <<NOTE: Public information.>>  manage and make 
                available to researchers and the public accessible, 
                curated, standardized, secure, and

[[Page 134 STAT. 2572]]

                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) <<NOTE: Procedures. Determination.>>  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) <<NOTE: Evaluation. Consultation. Publication.>>  
        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) <<NOTE: Assessment.>>  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;

[[Page 134 STAT. 2573]]

                          (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) <<NOTE: Time periods.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  such other 
                      projections relating to each critical mineral as 
                      the Secretary determines to be necessary to 
                      achieve the purposes of this subsection.
            (2) <<NOTE: Reports.>>  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

[[Page 134 STAT. 2574]]

                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) <<NOTE: Procedures. Determination.>>  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) <<NOTE: Deadline. Consultation. Analysis.>>  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) <<NOTE: Contracts. Coordination.>>  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;

[[Page 134 STAT. 2575]]

                          (ii) to address undergraduate and graduate 
                      education, especially to assist in the development 
                      of graduate level programs of research and 
                      instruction that lead to advanced degrees with an 
                      emphasis on the critical mineral supply chain or 
                      other positions that will increase domestic, 
                      critical mineral exploration, development, 
                      production, manufacturing, research, including 
                      fundamental research into alternatives, and 
                      recycling;
                          (iii) to develop guidelines for proposals from 
                      institutions of higher education with substantial 
                      capabilities in the required disciplines for 
                      activities to improve the critical mineral supply 
                      chain and advance the capacity of the United 
                      States to increase domestic, critical mineral 
                      exploration, research, development, production, 
                      manufacturing, and recycling; and
                          (iv) <<NOTE: Evaluation. Recommenda- tions.>>  
                      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) <<NOTE: Time period.>>  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--

[[Page 134 STAT. 2576]]

                    (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) <<NOTE: Assessment.>>  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) <<NOTE: Repeal.>>  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

[[Page 134 STAT. 2577]]

        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 
                      ``<SUP>geological</SUP> survey</SUP>'' 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. <<NOTE: 50 USC 3372.>>  7003. MONITORING MINERAL INVESTMENTS 
                          UNDER BELT AND ROAD INITIATIVE OF 
                          PEOPLE'S REPUBLIC OF CHINA.

    (a) <<NOTE: Consultation. Assessment.>>  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) <<NOTE: List.>>  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

[[Page 134 STAT. 2578]]

                    (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) <<NOTE: Determination. Consultation.>>  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) <<NOTE: Recommenda- tion.>>  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,

[[Page 134 STAT. 2579]]

        dynamic line rating systems, grid redesign, and the integration 
        of distributed energy resources.''; and
                    (B) in paragraph (2)--
                          (i) in subparagraph (D), by striking ``and'' 
                      at the end;
                          (ii) in subparagraph (E), by striking the 
                      period and inserting ``; and''; and
                          (iii) by inserting at the end the following:
                    ``(F) to encourage the commercial application of 
                advanced distribution automation technologies that exert 
                intelligent control over electrical grid functions at 
                the distribution level to improve system resilience.''.
SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND 
                          CONTROLS.

    Title XIII of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17381 et seq.) is amended by inserting after section 1304 the 
following:
``SEC. 1304A. <<NOTE: 42 USC 17384a.>>  SMART GRID MODELING, 
                          VISUALIZATION, ARCHITECTURE, AND 
                          CONTROLS.

    ``(a) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2580]]

            ``(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 <<NOTE: Coordination.>>  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) <<NOTE: Analyses.>>  Architecture.--In supporting the 
        development of model grid architectures, the Secretary shall--

[[Page 134 STAT. 2581]]

                    ``(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) <<NOTE: Definition.>>  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. <<NOTE: 42 USC 17387.>>  INTEGRATED ENERGY SYSTEMS.

    ``(a) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2582]]

            ``(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) <<NOTE: Deadline.>>  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 <<NOTE: Analyses.>> 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) <<NOTE: Assessment.>>  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) <<NOTE: Time period.>>  a 10-year roadmap to 
                guide the program established under subsection (a).
            ``(2) <<NOTE: Time period.>>  Updates.--Not less than once 
        every 3 years for the duration of this research program, the 
        Secretary shall submit an updated version of the strategic plan 
        to the Committee on Science, Space, and Technology of the House 
        of Representatives and the Committee on Energy and Natural 
        Resources of the Senate.

    ``(c) Program Implementation.--In carrying out the research, 
development, demonstration, and commercial application aims of 
subsection (a), the Secretary shall--
            ``(1) <<NOTE: Recommenda- tions.>>  implement the 
        recommendations set forth in the strategic plan in subsection 
        (b);
            ``(2) <<NOTE: Coordination.>>  coordinate across all 
        relevant program offices at the Department, including--

[[Page 134 STAT. 2583]]

                    ``(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. <<NOTE: 42 USC 16236.>>  RESEARCH AND DEVELOPMENT INTO 
                          INTEGRATING RENEWABLE ENERGY ONTO THE 
                          ELECTRIC GRID.

    ``(a) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2584]]

Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end 
the following:
``SEC. 137. <<NOTE: 42 USC 17014.>>  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) <<NOTE: Study.>>  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) <<NOTE: Evaluation.>>  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

[[Page 134 STAT. 2585]]

                    ``(F) <<NOTE: Assessment.>>  an assessment of the 
                feasibility of adopting technologies developed under the 
                program established under subsection (a) at Department 
                facilities.
            ``(2) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  implement the 
        recommendations set forth in the report in subsection (b); and
            ``(2) <<NOTE: Coordination.>>  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. <<NOTE: 42 USC 17388.>>  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) <<NOTE: Assessment.>>  an assessment of the progress 
        of the research activities on grid modernization; and
            ``(3) assistance in annually updating grid modernization 
        technology roadmaps.''.

[[Page 134 STAT. 2586]]

SEC. 8006. <<NOTE: 42 USC 16215 note.>>  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. <<NOTE: 42 USC 17389.>>  TECHNOLOGY DEMONSTRATION ON 
                          THE DISTRIBUTION GRID.

    (a) In General.--The Secretary shall establish a grant program to 
carry out eligible projects related to the modernization of the electric 
grid, including the application of technologies to improve 
observability, advanced controls, and prediction of system performance 
on the distribution system.
    (b) Eligible Projects.--To be eligible for a grant under subsection 
(a), a project shall--
            (1) be designed to improve the performance and efficiency of 
        the future electric grid, while ensuring the continued provision 
        of safe, secure, reliable, and affordable power; and
            (2) demonstrate--
                    (A) secure integration and management of two or more 
                energy resources, including distributed energy 
                generation, combined heat and power, micro-grids, energy 
                storage, electric vehicles, energy efficiency, demand 
                response, and intelligent loads; and
                    (B) secure integration and interoperability of 
                communications and information technologies.
SEC. 8008. <<NOTE: 42 USC 17390.>>  VOLUNTARY MODEL PATHWAYS.

    (a) Establishment of Voluntary Model Pathways.--
            (1) <<NOTE: Deadline. Consultation.>>  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;

[[Page 134 STAT. 2587]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Consultation.>>  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

[[Page 134 STAT. 2588]]

of the Senate and the Committee on Energy and Commerce of the House of 
Representatives a report that includes--
            (1) <<NOTE: Evaluation.>>  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. <<NOTE: 42 USC 17391.>>  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) <<NOTE: Assessment. Analysis.>>  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) <<NOTE: Evaluation.>>  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

[[Page 134 STAT. 2589]]

            (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. <<NOTE: 42 USC 17392.>>  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.

[[Page 134 STAT. 2590]]

            (2) Requirements.--The program established under paragraph 
        (1) shall--
                    (A) <<NOTE: Assessment.>>  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) <<NOTE: Implementation strategy.>>  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) <<NOTE: Implementation strategy.>>  develop an 
                implementation strategy to promote the development of 
                micro-grid systems that increase the resilience of 
                critical infrastructure; and
                    (D) carry out cost-shared demonstration projects, 
                based upon the strategies developed under subparagraph 
                (B) that include the development of physical and 
                cybersecurity plans to take appropriate measures to 
                protect and secure the electric grid.
            (3) Requirements for strategy.--In developing the strategy 
        under paragraph (2)(B), the Secretary shall consider--
                    (A) opportunities for improving the efficiency of 
                existing integrated micro-grid systems;
                    (B) the capacity of the local workforce to operate, 
                maintain, and repair a integrated micro-grid system as 
                well as opportunities to improve that capacity;
                    (C) leveraging existing capacity within local or 
                regional research organizations, such as organizations 
                based at institutions of higher education, to support 
                development of integrated micro-grid systems, including 
                by testing novel components and systems prior to field 
                deployment;
                    (D) the need for basic infrastructure to develop, 
                deploy, and sustain a integrated micro-grid system;
                    (E) input of traditional knowledge from local 
                leaders of isolated communities in the development of a 
                integrated micro-grid system;
                    (F) the impact of integrated micro-grid systems on 
                defense, homeland security, economic development, and 
                environmental interests;
                    (G) opportunities to leverage existing interagency 
                coordination efforts and recommendations for new 
                interagency coordination efforts to minimize unnecessary 
                overhead, mobilization, and other project costs; and
                    (H) any other criteria the Secretary determines 
                appropriate.

    (c) Collaboration.--The program established under subsection (b)(1) 
shall be carried out in collaboration with relevant stakeholders, 
including, as appropriate--
            (1) States;
            (2) Indian Tribes;
            (3) regional entities and regulators;
            (4) units of local government;
            (5) institutions of higher education; and
            (6) private sector entities.

[[Page 134 STAT. 2591]]

    (d) <<NOTE: Time period.>>  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.''.


[[Page 134 STAT. 2592]]


            (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.

[[Page 134 STAT. 2593]]

            ``(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) <<NOTE: Review. Recommenda- tions.>>  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) <<NOTE: Survey.>>  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) <<NOTE: Recommenda- tions.>>  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:

[[Page 134 STAT. 2594]]

            (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) <<NOTE: Deadline. Contracts.>>  In General.--Not later than 180 
days after the date of enactment of this Act, the Secretary of Energy 
shall seek to enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine (referred to in this section as the 
``National Academies'') under which the National Academies shall--
            (1) study the opportunities and challenges associated with 
        net metering; and
            (2) evaluate the expected medium- and long-term impacts of 
        net metering.

    (b) Elements.--The study and evaluation conducted pursuant to the 
agreement entered into under subsection (a) shall address--
            (1) developments in net metering, including the emergence of 
        new technologies;
            (2) alternatives to existing metering systems that--
                    (A) provide for transactions that--
                          (i) measure electric energy consumption by an 
                      electric consumer at the home or facility of that 
                      electric consumer; and
                          (ii) are capable of sending electric energy 
                      usage information through a communications network 
                      to an electric utility;
                    (B) promote equitable distribution of resources and 
                costs; and
                    (C) provide incentives for the use of distributed 
                renewable generation;
            (3) net metering planning and operating techniques;
            (4) effective architecture for net metering;
            (5) successful net metering business models;
            (6) consumer and industry incentives for net metering;
            (7) the role of renewable resources in the electric grid;
            (8) the role of net metering in developing future models for 
        renewable infrastructure; and
            (9) the use of battery storage with net metering.

    (c) Report.--
            (1) In general.--The agreement entered into under subsection 
        (a) shall require the National Academies to submit to the 
        Secretary of Energy, not later than 2 years after entering into 
        the agreement, a report that describes the results of the study 
        and evaluation conducted pursuant to the agreement.
            (2) <<NOTE: Internet.>>  Public availability.--The report 
        submitted under paragraph (1) shall be made available to the 
        public through electronic means, including the internet.

[[Page 134 STAT. 2595]]

                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

[[Page 134 STAT. 2596]]

                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. <<NOTE: 42 USC 16391 note.>>  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) <<NOTE: Website.>>  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) <<NOTE: Website.>>  develop a website to 
                disseminate information on--

[[Page 134 STAT. 2597]]

                          (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) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2598]]

                    ``(A) <<NOTE: Criteria.>>  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) <<NOTE: Summary.>>  a summary, with supporting 
                data, of how much Department program offices contribute 
                to and use the Fund each year, including a list of 
                current funding restrictions;
                    ``(B) <<NOTE: Recommenda- tions.>>  recommendations 
                on how to improve implementation and administration of 
                the Fund; and
                    ``(C) <<NOTE: Analysis.>>  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

[[Page 134 STAT. 2599]]

            ``(4) provide training and prize competition design support, 
        as necessary, to Department staff to develop prize competitions 
        and challenges.''.
SEC. 9005. <<NOTE: 42 USC 7256c.>>  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) <<NOTE: Proposals. Determination. Plans.>>  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) <<NOTE: Estimates.>>  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) <<NOTE: Review.>>  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) <<NOTE: Consultation.>>  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''.

[[Page 134 STAT. 2600]]

    (b) <<NOTE: Applicability. 42 USC 16237 note.>>  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. <<NOTE: 42 USC 16391a.>>  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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Contracts.>>  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. <<NOTE: 15 USC 5544.>>  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;

[[Page 134 STAT. 2601]]

            (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) <<NOTE: Memorandum.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2602]]

                Veterans Affairs, and that access to data is provided in 
                accordance with relevant Department of Veterans Affairs 
                data access policies, including informed consent.
            (4) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Committee on Energy and Natural Resources and the Committee on 
        Veterans' Affairs of the Senate, and the Committee on Science, 
        Space, and Technology and the Committee on Veterans' Affairs of 
        the House of Representatives, a report detailing the 
        effectiveness of--
                    (A) the interagency coordination between each 
                Federal agency involved in the research program carried 
                out under this subsection;
                    (B) collaborative research achievements of the 
                program; and
                    (C) potential opportunities to expand the technical 
                capabilities of the Department.
            (5) Funding.--There is authorized to be appropriated to the 
        Secretary of Veterans Affairs to carry out this subsection 
        $27,000,000 for fiscal year 2021.

    (c) Interagency Collaboration.--
            (1) In general.--The Secretary is authorized to carry out 
        research, development, and demonstration activities to develop 
        tools to apply to big data that enable Federal agencies, 
        institutions of higher education, nonprofit research 
        organizations, and industry to better leverage the capabilities 
        of the Department to solve complex, big data challenges. The 
        Secretary shall carry out these activities through a 
        competitive, merit-reviewed process, and consider applications 
        from National Laboratories, institutions of higher education, 
        multi-institutional collaborations, and other appropriate 
        entities.
            (2) Activities.--In carrying out the research, development, 
        and demonstration activities authorized under paragraph (1), the 
        Secretary may--
                    (A) utilize all available mechanisms to prevent 
                duplication and coordinate research efforts across the 
                Department;
                    (B) establish multiple user facilities to serve as 
                data enclaves capable of securely storing data sets 
                created by Federal agencies, institutions of higher 
                education, nonprofit organizations, or industry at 
                National Laboratories; and
                    (C) promote collaboration and data sharing between 
                National Laboratories, research entities, and user 
                facilities of the Department by providing the necessary 
                access and secure data transfer capabilities.
            (3) <<NOTE: Evaluation.>>  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)).

[[Page 134 STAT. 2603]]

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) <<NOTE: Fee. Determination.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadlines.>>  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

[[Page 134 STAT. 2604]]

        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) <<NOTE: Deadlines.>>  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) <<NOTE: Summary. Lists.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Time period.>>  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) <<NOTE: List.>>  a list of such projects, including 
        the guarantee amount, construction status, and financing 
        partners of each such project;

[[Page 134 STAT. 2605]]

            ``(2) the status of each such project's loan repayment, 
        including interest paid and future repayment projections;
            ``(3) <<NOTE: Estimate.>>  an estimate of the air pollutant 
        or greenhouse gas emissions avoided or reduced from each such 
        project;
            ``(4) <<NOTE: Data.>>  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) <<NOTE: Time period.>>  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.''.

[[Page 134 STAT. 2606]]

    (c) Authorization of Appropriations.--Section 1704 of the Energy 
Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the 
following:
    ``(c) Administrative and Other Expenses.--There are authorized to be 
appropriated--
            ``(1) $32,000,000 for each of fiscal years 2021 through 2025 
        to carry out this title; and
            ``(2) for fiscal year 2021, in addition to amounts 
        authorized under paragraph (1), $25,000,000, to remain available 
        until expended, for administrative expenses described in section 
        1702(h)(1) that are not covered by fees collected pursuant to 
        section 1702(h).''.
SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 
13503(b)) is amended by striking paragraph (3) and inserting the 
following:
            ``(3) Established program to stimulate competitive 
        research.--
                    ``(A) Definitions.--In this paragraph:
                          ``(i) Eligible entity.--The term `eligible 
                      entity' means an institution of higher education 
                      located in an eligible jurisdiction.
                          ``(ii) Eligible jurisdiction.--The term 
                      `eligible jurisdiction' means a State that, as 
                      determined by the Secretary--
                                    ``(I)(aa) historically has received 
                                relatively little Federal research and 
                                development funding; and
                                    ``(bb) has demonstrated a 
                                commitment--
                                            ``(AA) to develop the 
                                        research bases in the State; and
                                            ``(BB) to improve science 
                                        and engineering research and 
                                        education programs at 
                                        institutions of higher education 
                                        in the State; and
                                    ``(II) is an eligible jurisdiction 
                                under the criteria used by the Secretary 
                                to make awards under this paragraph on 
                                the day before the date of enactment of 
                                the Energy Act of 2020.
                          ``(iii) EPSCoR.--The term `EPSCoR' means the 
                      Established Program to Stimulate Competitive 
                      Research operated under subparagraph (B).
                          ``(iv) National laboratory.--The term 
                      `National Laboratory' has the meaning given the 
                      term in section 2 of the Energy Policy Act of 2005 
                      (42 U.S.C. 15801).
                          ``(v) State.--The term `State' means--
                                    ``(I) a State;
                                    ``(II) the District of Columbia;
                                    ``(III) the Commonwealth of Puerto 
                                Rico;
                                    ``(IV) Guam;
                                    ``(V) the United States Virgin 
                                Islands;
                                    ``(VI) American Samoa; and
                                    ``(VII) the Commonwealth of the 
                                Northern Mariana Islands.

[[Page 134 STAT. 2607]]

                    ``(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.--

[[Page 134 STAT. 2608]]

                          ``(i) <<NOTE: Deadline. Plan.>>  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) <<NOTE: Deadline. Contracts. Assessment.>>  
                      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) <<NOTE: Recommenda- tions.>>  
                      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).''.

[[Page 134 STAT. 2609]]

                       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) <<NOTE: Analysis.>>  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) <<NOTE: Deadline. Time period.>>  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.''.

[[Page 134 STAT. 2610]]

    (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) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 3 years after the date of enactment of this paragraph, the 
        Secretary is authorized to enter into a contract with the 
        National Academy of Sciences under which the National Academy 
        shall conduct an evaluation of how well ARPA-E is achieving the 
        goals and mission of ARPA-E.''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``shall'' and inserting ``may''; and
                    (B) in subparagraph (A), by striking ``the 
                recommendation of the National Academy of Sciences'' and 
                inserting ``a recommendation''.

    (g) Authorization of Appropriations.--Paragraph (2) of section 
5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to 
read as follows:
            ``(2) Authorization of appropriations.--Subject to paragraph 
        (4), there are authorized to be appropriated to the Director for 
        deposit in the Fund, without fiscal year limitation--
                    ``(A) $435,000,000 for fiscal year 2021;
                    ``(B) $500,000,000 for fiscal year 2022;
                    ``(C) $575,000,000 for fiscal year 2023;
                    ``(D) $662,000,000 for fiscal year 2024; and
                    ``(E) $761,000,000 for fiscal year 2025.''.

    (h) Technical Amendments.--Section 5012 of the America COMPETES Act 
(42 U.S.C. 16538) is amended--
            (1) in subsection (g)(3)(A)(iii), by striking ``subpart'' 
        each place it appears and inserting ``subparagraph''; and
            (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and 
        inserting ``(c)(2)(C)''.

                         TITLE XI--OTHER MATTERS

SEC. 11001. LOW-DOSE RADIATION RESEARCH.

    (a) Low-dose Radiation Research Program.--Section 306(c) of the 
Department of Energy Research and Innovation Act (42 U.S.C. 18644(c)) is 
amended to read as follows:
    ``(c) Low-dose Radiation Research Program.--
            ``(1) In general.--The Secretary shall carry out a research 
        program on low-dose and low dose-rate radiation to--

[[Page 134 STAT. 2611]]

                    ``(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) <<NOTE: Deadlines.>>  Research plan.--
                    ``(A) <<NOTE: Contracts.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Evaluation.>>  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.

[[Page 134 STAT. 2612]]

                    ``(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) <<NOTE: Public information. Certification.>>  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.

[[Page 134 STAT. 2613]]

            ``(2) Certification requirements.--A certification issued 
        under paragraph (1) shall--
                    ``(A) <<NOTE: Applicability.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Determination. Time 
                period.>>  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) <<NOTE: Determination.>>  Consultation required.--The 
        Chairman shall consult with the Director of the Office of 
        Personnel Management in implementing this subsection, including 
        in the determination

[[Page 134 STAT. 2614]]

        of the amount of compensation with respect to each category of 
        employees or other personnel.
            ``(7) Experts and consultants.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Chairman may--
                          ``(i) obtain the services of experts and 
                      consultants in accordance with section 3109 of 
                      title 5, United States Code;
                          ``(ii) compensate those experts and 
                      consultants for each day (including travel time) 
                      at rates not in excess of the rate of pay for 
                      level IV of the Executive Schedule under section 
                      5315 of that title; and
                          ``(iii) pay to the experts and consultants 
                      serving away from the homes or regular places of 
                      business of the experts and consultants travel 
                      expenses and per diem in lieu of subsistence at 
                      rates authorized by sections 5702 and 5703 of that 
                      title for persons in Government service employed 
                      intermittently.
                    ``(B) Limitations.--The Chairman shall--
                          ``(i) to the maximum extent practicable, limit 
                      the use of experts and consultants pursuant to 
                      subparagraph (A); and
                          ``(ii) <<NOTE: Contracts. Time period.>>  
                      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) <<NOTE: 42 USC 7171 note. Time period.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Effective date. 42 USC 7171 note.>>  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 <<NOTE: Examination.>>  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

[[Page 134 STAT. 2615]]

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 <<NOTE: Water Resources Development Act of 2020.>>  
RESOURCES DEVELOPMENT ACT OF 2020
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 33 USC 2201 note.>>  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.

[[Page 134 STAT. 2616]]

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.

[[Page 134 STAT. 2617]]

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

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

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

                         TITLE V--OTHER MATTERS

Sec. 501. Update on Invasive Species Policy Guidance.
Sec. 502. Aquatic invasive species research.
Sec. 503. Terrestrial noxious weed control pilot program.
Sec. 504. Invasive species risk assessment, prioritization, and 
           management.
Sec. 505. Invasive species mitigation and reduction.
Sec. 506. Aquatic invasive species prevention.
Sec. 507. Invasive species in alpine lakes pilot program.
Sec. 508. Murder hornet eradication pilot program.

[[Page 134 STAT. 2618]]

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. <<NOTE: 33 USC 2201 note.>>  SECRETARY DEFINED.

    In this Act, the term ``Secretary'' means the Secretary of the Army.

                       TITLE I--GENERAL PROVISIONS

SEC. 101. <<NOTE: 33 USC 2238b-1.>>  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 <<NOTE: Ante, p. 526.>>  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) <<NOTE: 33 USC 2238 note.>>  Authorization.--

[[Page 134 STAT. 2619]]

            (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

[[Page 134 STAT. 2620]]

                      emerging harbor projects under paragraph (1) to 
                      pay for the costs of up to 10 projects for 
                      maintenance dredging of a marina or berthing area, 
                      in an emerging harbor, that includes an area that 
                      is located adjacent to, or is accessible by, a 
                      Federal navigation project, subject to clauses 
                      (ii) and (iii) of this subparagraph.
                          ``(ii) Eligible emerging harbors.--The 
                      Secretary may use funds as authorized under clause 
                      (i) at an emerging harbor that--
                                    ``(I) supports commercial 
                                activities, including commercial fishing 
                                operations, commercial fish processing 
                                operations, recreational and sport 
                                fishing, and commercial boat yards; or
                                    ``(II) supports activities of the 
                                Secretary of the department in which the 
                                Coast Guard is operating.
                          ``(iii) Cost-sharing requirements.--The 
                      Secretary shall require a non-Federal interest to 
                      contribute not less than 25 percent of the costs 
                      for maintenance dredging of that portion of a 
                      maintenance dredging project described in clause 
                      (i) that is located outside of the Federal 
                      navigation project, which may be provided as an 
                      in-kind contribution, including through the use of 
                      dredge equipment owned by non-Federal interest to 
                      carry out such activities.''.
            (2) Assessment of harbors and inland harbors.--Section 
        210(e)(2)(A)(ii) of the Water Resources Development Act of 1986 
        (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses 
        described in subsection (c)(3)(B) and'' after ``costs for''.
            (3) Definitions.--Section 210(f) of the Water Resources 
        Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
                    (A) by striking paragraph (6);
                    (B) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (C) by striking paragraph (2) and inserting the 
                following:
            ``(2) Emerging harbor.--The term `emerging harbor' means a 
        harbor or inland harbor referred to in subsection (a)(2) that 
        transits less than 1,000,000 tons of cargo annually.
            ``(3) Emerging harbor project.--The term `emerging harbor 
        project' means a project that is assigned to an emerging 
        harbor.''; and
                    (D) in paragraph (4) (as so redesignated), by adding 
                at the end the following:
                    ``(C) An in-water improvement, if the improvement--
                          ``(i) is for the seismic reinforcement of a 
                      wharf or other berthing structure, or the repair 
                      or replacement of a deteriorating wharf or other 
                      berthing structure, at a port facility;
                          ``(ii) benefits commercial navigation at the 
                      harbor; and
                          ``(iii) is located in, or adjacent to, a berth 
                      that is accessible to a Federal navigation 
                      project.
                    ``(D) An activity to maintain slope stability at a 
                berth in a harbor that is accessible to a Federal 
                navigation project if such activity benefits commercial 
                navigation at the harbor.''.

[[Page 134 STAT. 2621]]

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--

[[Page 134 STAT. 2622]]

                          (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) <<NOTE: 33 USC 2238c note.>>  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) <<NOTE: Determination.>>  the Secretary 
                      determines that the improvements are feasible and 
                      consistent with the purposes of this title; and

[[Page 134 STAT. 2623]]

                          ``(ii) <<NOTE: Contracts.>>  the Secretary and 
                      the non-Federal interest execute a written 
                      agreement relating to operation and maintenance of 
                      the improvements;
                    ``(B) <<NOTE: Certification.>>  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 <<NOTE: Determination.>>  
        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) <<NOTE: Determination. 33 USC 2232 note.>>  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) <<NOTE: 33 USC 2232 note.>>  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. <<NOTE: 33 USC 635.>>  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. <<NOTE: 33 USC 701h-3.>>  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.

[[Page 134 STAT. 2624]]

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. <<NOTE: 33 USC 2212 note.>>  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. <<NOTE: 42 USC 1962-4.>>  IMPLEMENTATION OF WATER 
                          RESOURCES PRINCIPLES AND REQUIREMENTS.

    (a) <<NOTE: Deadline. Procedures. Guidelines.>>  In General.--Not 
later than 180 days after the date of enactment of this Act, the 
Secretary shall issue final agency-specific procedures necessary to 
implement the principles and requirements and the interagency 
guidelines.

    (b) Development of Future Water Resources Development Projects.--The 
procedures required by subsection (a) shall ensure that the Secretary, 
in the formulation of future water resources development projects--
            (1) develops such projects in accordance with--
                    (A) the guiding principles established by the 
                principles and requirements; and
                    (B) the national water resources planning policy 
                established by section 2031(a) of the Water Resources 
                Development Act of 2007 (42 U.S.C. 1962-3(a)); and
            (2) <<NOTE: Analysis.>>  fully identifies and analyzes 
        national economic development benefits, regional economic 
        development benefits, environmental quality benefits, and other 
        societal effects.

    (c) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2625]]

        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) <<NOTE: 33 USC 709a note.>>  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. <<NOTE: 33 USC 2356.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Deadline. Review. Regulations.>>  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) <<NOTE: Notice.>>  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) <<NOTE: Recommenda- tions.>>  consider the 
                recommendations from the reports submitted under 
                subsection (a); and

[[Page 134 STAT. 2626]]

                    (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. <<NOTE: 33 USC 2282f.>>  REVIEW OF RESILIENCY 
                          ASSESSMENTS.

    (a) Resiliency Assessment.--
            (1) <<NOTE: Deadline. Regulations.>>  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

[[Page 134 STAT. 2627]]

        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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2628]]

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) <<NOTE: 33 USC 2282 note.>>  Summary of Analysis.--To the 
maximum extent practicable, the Secretary shall include in each 
feasibility report developed under section 905 of the Water Resources 
Development Act of 1986 (33 U.S.C. 2282) for a project that contains a 
flood risk management or hurricane and storm damage risk reduction 
element, a summary of the natural feature or nature-based feature 
alternatives, along with their long-term costs and benefits, that were 
evaluated in the development of the feasibility report, and, if such 
alternatives were not included in the recommended plan, an explanation 
of why such alternatives were not included in the recommended plan.
SEC. 117. FEDERAL INTEREST DETERMINATION.

    Section 905 of the Water Resources Development Act of 1986 (33 
U.S.C. 2282) is amended by inserting after subsection (a) the following:
    ``(b) <<NOTE: Study.>>  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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 2629]]

                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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 33 USC 2201 note.>>  PILOT PROGRAMS ON THE 
                          FORMULATION OF CORPS OF ENGINEERS 
                          PROJECTS IN RURAL COMMUNITIES AND 
                          ECONOMICALLY DISADVANTAGED COMMUNITIES.

    (a) <<NOTE: Evaluation.>>  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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: Notice. Federal Register, 
                publication.>>  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) <<NOTE: Proposal.>>  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) <<NOTE: Review. Studies. Coordination.>>  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.

[[Page 134 STAT. 2630]]

            (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) <<NOTE: Reports.>>  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) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of enactment of this Act, the Secretary 
        shall establish and

[[Page 134 STAT. 2631]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2632]]

of the commonwealths, territories, and possessions of the United States.
    (g) Sunset.--The authority to commence a feasibility study under 
subsection (b), and the authority make a recommendation under subsection 
(c), shall terminate on the date that is 10 years after the date of 
enactment of this Act.
SEC. 119. <<NOTE: 33 USC 701n-3.>>  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) <<NOTE: Study.>>  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) <<NOTE: Review.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2633]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Deadline.>>  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-

[[Page 134 STAT. 2634]]

                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) <<NOTE: Contracts.>>  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. <<NOTE: 33 USC 701n note.>>  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)--

[[Page 134 STAT. 2635]]

                    (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. <<NOTE: 33 USC 403 note.>>  EXPEDITING REPAIRS AND 
                          RECOVERY FROM FLOODING.

    (a) <<NOTE: Time periods. Effective date.>>  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) <<NOTE: Deadline.>>  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 134 STAT. 2636]]

    ``(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) <<NOTE: Public information.>>  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) <<NOTE: Appendix. Determination.>>  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) <<NOTE: 33 USC 2326g.>>  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.--

[[Page 134 STAT. 2637]]

                    (A) <<NOTE: Evaluations.>>  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:

[[Page 134 STAT. 2638]]

            ``(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) <<NOTE: 33 USC 2326 note.>>  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) <<NOTE: 33 USC 2326h.>>  Five-Year Regional Dredged Material 
Management Plans.--
            (1) <<NOTE: Deadline. Coordination.>>  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

[[Page 134 STAT. 2639]]

        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) <<NOTE: Estimates.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Evaluations.>>  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) <<NOTE: Notice.>>  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) <<NOTE: Web posting.>>  Public availability.--Upon 
        submission of each plan to the Secretary under this subsection, 
        each District Commander shall make the plan publicly available, 
        including on a publicly available website.
            (5) Transmission to congress.--As soon as practicable after 
        receiving a plan under subsection (a), the Secretary shall 
        transmit the plan to Congress.
            (6) Regional sediment management plans.--A plan developed 
        under this section--
                    (A) shall be in addition to regional sediment 
                management plans prepared under section 204(a) of the 
                Water

[[Page 134 STAT. 2640]]

                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) <<NOTE: 33 USC 2326 note.>>  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)--

[[Page 134 STAT. 2641]]

                    (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) <<NOTE: Estimate.>>  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

[[Page 134 STAT. 2642]]

                      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) <<NOTE: 33 USC 2282d note.>>  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) <<NOTE: 33 USC 2282d note.>>  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. <<NOTE: 33 USC 610 note.>>  HARMFUL ALGAL BLOOM 
                          DEMONSTRATION PROGRAM.

    (a) <<NOTE: Determination.>>  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) <<NOTE: State listing.>>  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.

[[Page 134 STAT. 2643]]

    (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) <<NOTE: Research and development.>>  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) <<NOTE: Plan.>>  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. <<NOTE: 33 USC 2325b.>>  MATERIALS, SERVICES, AND FUNDS 
                          FOR REPAIR, RESTORATION, OR 
                          REHABILITATION OF PROJECTS.

    (a) Definitions.--In this section:
            (1) Covered area.--The term ``covered area'' means an area--
                    (A) for which the Governor of a State has requested 
                a determination that an emergency exists; or
                    (B) covered by an emergency or major disaster 
                declaration declared under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121 et seq.).
            (2) Emergency period.--The term ``emergency period'' means--
                    (A) with respect to a covered area described in 
                paragraph (1)(A), the period during which the Secretary 
                determines an emergency exists; and
                    (B) with respect to a covered area described in 
                paragraph (1)(B), the period during which the applicable 
                declaration is in effect.

[[Page 134 STAT. 2644]]

    (b) <<NOTE: Reimbursement. Determination.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Contracts.>>  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

[[Page 134 STAT. 2645]]

                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)--

[[Page 134 STAT. 2646]]

                                    (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) <<NOTE: Requirements.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Deadline. Publication. Criteria.>>  
                      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) <<NOTE: Deadline. Consultation. Publication.>>  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).''.

[[Page 134 STAT. 2647]]

            (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. <<NOTE: 33 USC 2327a.>>  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) <<NOTE: Determination.>>  Authorization.--The Secretary may 
carry out rehabilitation of an eligible pump station, if the Secretary 
determines that the rehabilitation is feasible.

[[Page 134 STAT. 2648]]

    (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) <<NOTE: Contracts.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2649]]

                    ``(B) <<NOTE: Contracts. Time period.>>  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) <<NOTE: Determinations. 33 USC 2201 note.>>  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) <<NOTE: Deadline.>>  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. <<NOTE: 33 USC 2203.>>  REVIEW OF CONTRACTING POLICIES.

    (a) Review of Contractual Agreements.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Summary.>>  a summary of the results of 
                the review; and

[[Page 134 STAT. 2650]]

                    (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. <<NOTE: 33 USC 2341c.>>  CRITERIA FOR FUNDING 
                          ENVIRONMENTAL INFRASTRUCTURE PROJECTS.

    (a) <<NOTE: Deadline. Evaluation.>>  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) <<NOTE: Evaluation.>>  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

[[Page 134 STAT. 2651]]

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. <<NOTE: 33 USC 2353a.>>  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. <<NOTE: 33 USC 2201 note.>>  UNIFORMITY OF NOTIFICATION 
                          SYSTEMS.

    (a) <<NOTE: Deadline.>>  Inventory.--Not later than 180 days after 
the date of enactment of this Act, the Secretary shall complete an 
inventory of all systems used by the Corps of Engineers for external 
communication and notification with respect to projects, initiatives, 
and facilities of the Corps of Engineers.

    (b) Uniform Plan.--
            (1) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 2652]]

                    (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) <<NOTE: Deadlines.>>  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. <<NOTE: 33 USC 426e-3.>>  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,

[[Page 134 STAT. 2653]]

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. <<NOTE: Contracts.>>  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) <<NOTE: Cost estimates.>>  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. <<NOTE: 33 USC 701h-4.>>  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--

[[Page 134 STAT. 2654]]

            (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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 2655]]

                    ``(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) <<NOTE: Determination.>>  determines 
                      that the site is environmentally unacceptable, 
                      geographically unacceptable, or technically 
                      unsound; and
                          ``(ii) provides a written basis for the 
                      determination under clause (i) to the non-Federal 
                      interest.
            ``(4) Public comment.--The Secretary shall afford the public 
        an opportunity to comment on the determinations required under 
        this subsection for a use permitted under paragraph 
        (1)(A)(ii).''.
SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

    Section 1008 of the Water Resources Reform and Development Act of 
2014 (33 U.S.C. 2321b) is amended--
            (1) by striking ``civil works'' each place it appears and 
        inserting ``water resources development''; and
            (2) by adding at the end the following:

    ``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
            ``(1) Definition of eligible non-federal interest.--In this 
        subsection, the term `eligible non-Federal interest' means a 
        non-Federal interest that owns or operates an existing non-
        Federal hydropower facility at a Corps of Engineers water 
        resources development project.
            ``(2) Evaluation.--
                    ``(A) In general.--On the written request of an 
                eligible non-Federal interest, the Secretary shall 
                conduct an evaluation to consider operational changes at 
                the applicable project to facilitate production of non-
                Federal hydropower, consistent with authorized project 
                purposes. The Secretary shall solicit input from 
                interested stakeholders as part of the evaluation.
                    ``(B) Deadline.--Not later than 180 days after the 
                date on which the Secretary receives a written request 
                under subparagraph (A), the Secretary shall provide to 
                the non-Federal interest a written response to inform 
                the non-Federal interest--
                          ``(i) that the Secretary has approved the 
                      request to conduct an evaluation; or
                          ``(ii) of any additional information necessary 
                      for the Secretary to approve the request to 
                      conduct an evaluation.
            ``(3) Operational changes.--An operational change referred 
        to in paragraph (2)(A) may include--
                    ``(A) changes to seasonal pool levels;
                    ``(B) modifying releases from the project; and
                    ``(C) other changes included in the written request 
                submitted under that paragraph that enhance the usage of 
                the project to facilitate production of non-Federal 
                hydropower, consistent with authorized project purposes.

[[Page 134 STAT. 2656]]

            ``(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) <<NOTE: Evaluation.>>  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. <<NOTE: 33 USC 701q-1.>>  REPAIR AND RESTORATION OF 
                          EMBANKMENTS.

    (a) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Plan.>>  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

[[Page 134 STAT. 2657]]

            (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) <<NOTE: Evaluation. Time period.>>  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. <<NOTE: 33 USC 2255a.>>  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--

[[Page 134 STAT. 2658]]

                    (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) <<NOTE: Consultation.>>  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. <<NOTE: 33 USC 2213a.>>  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. <<NOTE: Oklahoma.>>  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--

[[Page 134 STAT. 2659]]

                    (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) <<NOTE: Determinations.>>  Deadline.--In the case of a request 
for a covered lease deviation--
            (1) the Division Commander of the Southwestern Division 
        shall--
                    (A) <<NOTE: Notification.>>  notify the Secretary of 
                the request via electronic means by not later than 24 
                hours after receiving the request; and
                    (B) by not later than 10 business days after the 
                date on which the Division Commander notifies the 
                Secretary under subparagraph (A)--
                          (i) make a determination approving, denying, 
                      or requesting a modification to the request; and
                          (ii) provide to the Secretary the 
                      determination under clause (i); and
            (2) the Secretary shall make a determination approving, 
        denying, or requesting a modification to the request by not 
        later than 10 business days after--
                    (A) the date on which the Division Commander 
                provides to the Secretary a determination in accordance 
                with paragraph (1)(B); or
                    (B) if the Division Commander does not provide to 
                the Secretary a determination in accordance with 
                paragraph (1)(B), the date on which the deadline 
                described in such paragraph expires.

    (c) Notification.--If the Secretary does not make a determination 
under subsection (b)(2) by the deadline described in that subsection, 
the Secretary shall submit a notification of the failure to make a 
determination with respect to the covered lease deviation, including the 
reason for the failure and a description of any outstanding issues, to--
            (1) the entity seeking the covered lease deviation;
            (2) the members of the Oklahoma congressional delegation;
            (3) the Committee on Environment and Public Works of the 
        Senate; and
            (4) the Committee on Transportation and Infrastructure of 
        the House of Representatives.
SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.

    It is the sense of Congress that--
            (1) the Arctic, as defined in section 112 of the Arctic 
        Research and Policy Act of 1984 (Public Law 98-373), is a region 
        of strategic importance to the national security and maritime 
        transportation interests of the United States;
            (2) there is a compelling national, regional, Alaska Native, 
        and private sector need for permanent maritime transportation 
        infrastructure development and for a presence in the Arctic by 
        the United States to assert national security interests and to 
        support and facilitate search and rescue, shipping safety, 
        economic development, oil spill prevention and response, 
        subsistence and commercial fishing, the establishment of ports 
        of refuge, Arctic research, and maritime law enforcement;

[[Page 134 STAT. 2660]]

            (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. <<NOTE: 33 USC 2347c.>>  SMALL WATER STORAGE PROJECTS.

    (a) <<NOTE: Study.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determinations.>>  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

[[Page 134 STAT. 2661]]

        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) <<NOTE: Requirements.>>  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. <<NOTE: 42 USC 1962d-16 note.>>  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) <<NOTE: Reports. Assessment.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2662]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Public information. 33 USC 2342 note.>>  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

[[Page 134 STAT. 2663]]

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. <<NOTE: 33 USC 2251 note prec.>>  INLAND WATERWAYS PILOT 
                          PROGRAM.

    (a) Definitions.--In this section:
            (1) Authorized project.--The term ``authorized project'' 
        means a federally authorized water resources development project 
        for navigation on the inland waterways.
            (2) Modernization activities.--The term ``modernization 
        activities'' means construction or major rehabilitation 
        activities for any authorized project.
            (3) Non-federal interest.--The term ``non-Federal interest'' 
        means any public body described in section 221(b) of the Flood 
        Control Act of 1970 (42 U.S.C. 1962d-5b(b)).

    (b) Authorization of Pilot Program.--The Secretary is authorized to 
carry out a pilot program for modernization activities on the inland 
waterways system.
    (c) Implementation.--
            (1) In general.--In carrying out the pilot program under 
        this section, the Secretary may--
                    (A) accept and expend funds provided by a non-
                Federal interest to carry out, for an authorized project 
                (or a separable element of an authorized project), 
                modernization activities for such project; or
                    (B) <<NOTE: Coordination.>>  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) <<NOTE: Permits.>>  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) <<NOTE: Audit.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Contracts.>>  Agreements.--

[[Page 134 STAT. 2664]]

            (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) <<NOTE: Plan.>>  a plan approved 
                                by the Secretary; and
                                    (II) any other terms and conditions 
                                specified by the Secretary in the 
                                agreement.
                          (ii) <<NOTE: Compliance. Determination.>>  
                      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) <<NOTE: Determination.>>  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--

[[Page 134 STAT. 2665]]

            (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. <<NOTE: 33 USC 2201 note.>>  DEFINITION OF ECONOMICALLY 
                          DISADVANTAGED COMMUNITY.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Notice.>>  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

[[Page 134 STAT. 2666]]

                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) <<NOTE: Assessment. Compliance.>>  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) <<NOTE: Assessment. Compliance.>>  Timing.--The 
        Secretary may not submit to Congress an assessment of a 
        feasibility study under this section until such time as the 
        Secretary--
                    ``(A) <<NOTE: Determination.>>  determines that the 
                feasibility study complies with all of the requirements 
                that would apply to a feasibility study undertaken by 
                the Secretary; and
                    ``(B) <<NOTE: Analyses. Reviews.>>  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) <<NOTE: Timeline.>>  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

[[Page 134 STAT. 2667]]

        of the Senate of the request and a timeline for completion of 
        the required analyses, reviews, and compliance processes.
            ``(5) <<NOTE: Deadlines. Notification.>>  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) <<NOTE: Guidelines. 33 USC 2231 note.>>  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) <<NOTE: 33 USC 2231 note.>>  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. <<NOTE: Determination.>>  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

[[Page 134 STAT. 2668]]

present, and determined by the Secretary to pose a fire risk that is a 
threat to public safety.
SEC. 164. ENHANCED DEVELOPMENT PROGRAM.

    (a) <<NOTE: Review.>>  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) <<NOTE: Deadline.>>  Divestment Authority.--Not later than 1 
year after the date of enactment of this Act, the Secretary shall--
            (1) <<NOTE: Reports.>>  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) <<NOTE: Plan.>>  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. <<NOTE: 33 USC 2201 note.>>  CONTINUING AUTHORITY 
                          PROGRAMS.

    (a) Pilot Program for Continuing Authority Projects in Small or 
Disadvantaged Communities.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Notice. Federal 
                Register, publication.>>  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

[[Page 134 STAT. 2669]]

                    (B) <<NOTE: Review.>>  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.

[[Page 134 STAT. 2670]]

                      TITLE II--STUDIES AND REPORTS

SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

    (a) In General.--The Secretary is authorized to conduct a 
feasibility study for the following projects for water resources 
development and conservation and other purposes, as identified in the 
reports titled ``Report to Congress on Future Water Resources 
Development'' submitted to Congress pursuant to section 7001 of the 
Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or 
otherwise reviewed by Congress:
            (1) Sulphur river, arkansas and texas.--Project for 
        ecosystem restoration, Sulphur River, Arkansas and Texas.
            (2) Cable creek, california.--Project for flood risk 
        management, water supply, and related benefits, Cable Creek, 
        California.
            (3) Oroville dam, california.--Project for dam safety 
        improvements, Oroville Dam, California.
            (4) Rio hondo channel, california.--Project for ecosystem 
        restoration, Rio Hondo Channel, San Gabriel River, California.
            (5) Shingle creek and kissimmee river, florida.--Project for 
        ecosystem restoration and water storage, Shingle Creek and 
        Kissimmee River, Osceola County, Florida.
            (6) St. john's river and lake jesup, florida.--Project for 
        ecosystem restoration, St. John's River and Lake Jesup, Florida.
            (7) Chicago area waterways system, illinois.--Project for 
        ecosystem restoration, recreation, and other purposes, Illinois 
        River, Chicago River, Calumet River, Grand Calumet River, Little 
        Calumet River, and other waterways in the vicinity of Chicago, 
        Illinois.
            (8) Fox river, illinois.--Project for flood risk management, 
        Fox River, Illinois.
            (9) Lower missouri river, kansas.--Project for bank 
        stabilization and navigation, Lower Missouri River, Sioux City, 
        Kansas.
            (10) Tangipahoa parish, louisiana.--Project for flood risk 
        management, Tangipahoa Parish, Louisiana.
            (11) Newbury and newburyport, massachusetts.--Project for 
        coastal storm risk management, Newbury and Newburyport, 
        Massachusetts.
            (12) Escatawpa river basin, mississippi.--Project for flood 
        risk management and ecosystem restoration, Escatawpa River, 
        Jackson County, Mississippi.
            (13) Long beach, bay st. louis and mississippi sound, 
        mississippi.--Project for hurricane and storm damage risk 
        reduction and flood risk management, Long Beach, Bay St. Louis 
        and Mississippi Sound, Mississippi.
            (14) Tallahoma and tallahala creeks, mississippi.--Project 
        for flood risk management, Leaf River, Jones County, 
        Mississippi.
            (15) Lower missouri river, missouri.--Project for 
        navigation, Lower Missouri River, Missouri.
            (16) Lower osage river basin, missouri.--Project for 
        ecosystem restoration, Lower Osage River Basin, Missouri.

[[Page 134 STAT. 2671]]

            (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) <<NOTE: Texas.>>  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) <<NOTE: Determination. State listing.>>  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.

[[Page 134 STAT. 2672]]

            (2) Project to modify the project for navigation, Tennessee-
        Tombigbee Waterway, Alabama, Kentucky, Mississippi, and 
        Tennessee.
            (3) <<NOTE: American Samoa.>>  Project for shoreline 
        stabilization, Aunu`u Harbor, American Samoa.
            (4) <<NOTE: American Samoa.>>  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.

[[Page 134 STAT. 2673]]

            (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

[[Page 134 STAT. 2674]]

        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) <<NOTE: U.S. Virgin Islands.>>  Project for hurricane 
        and storm damage risk reduction and shoreline erosion 
        protection, Bolongo Bay, St. Thomas, United States Virgin 
        Islands.
            (60) Project for water supply and ecosystem restoration, 
        Howard Hanson Dam, Washington.
            (61) Project for ecosystem restoration, Puget Sound, 
        Washington.
            (62) Project for navigation, Seattle Harbor, Washington.
            (63) Project for navigation, Tacoma Harbor, Washington.
            (64) Project for dam safety remediation, Bluestone Dam, West 
        Virginia.
            (65) Project to modify the project for navigation, Milwaukee 
        Harbor, Wisconsin.

    (b) <<NOTE: Arizona. Iowa.>>  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.

[[Page 134 STAT. 2675]]

    (c) <<NOTE: State listing.>>  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) <<NOTE: California.>>  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) <<NOTE: Texas.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Investigations.>>  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

[[Page 134 STAT. 2676]]

                          (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) <<NOTE: Evaluation.>>  evaluate and address the 
                impacts of low-frequency precipitation and sea-level 
                rise on the study area;
                    (B) <<NOTE: Consultation.>>  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. <<NOTE: State listing.>>  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.

[[Page 134 STAT. 2677]]

                    (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) <<NOTE: Consultation. Native Americans.>>  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

[[Page 134 STAT. 2678]]

                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) <<NOTE: Review.>>  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) <<NOTE: State listing.>>  Project proposals described.--
        A project proposal referred to in paragraph (1) is a proposal to 
        modify any of the following:
                    (A) The project for environmental infrastructure, 
                City of Sheffield, Alabama, authorized pursuant to 
                section 219(f)(78) of the Water Resources Development 
                Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 
                1258; 130 Stat. 1687).
                    (B) The project for environmental infrastructure, 
                Calaveras County, California, under section 219(f)(86) 
                of the Water Resources Development Act of 1992 (106 
                Stat. 4835; 113 Stat. 335; 121 Stat. 1259).
                    (C) The project for environmental infrastructure, 
                Charlotte County, Florida, authorized by section 
                219(f)(121) of the Water Resources Development Act of 
                1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1261).
                    (D) The Mississippi River and Tributaries project 
                authorized by the first section of the Act of May 15, 
                1928 (33 U.S.C. 702a), to include the portion of the 
                Ouachita River Levee System at and below Monroe, 
                Louisiana, to Caldwell Parish, Louisiana.
                    (E) The project for environmental infrastructure, 
                Central New Mexico, authorized by section 593 of the 
                Water Resources Development Act of 1999 (113 Stat. 380; 
                119 Stat. 2255).
                    (F) The project for environmental infrastructure, 
                Village of Whitehall, New York, authorized pursuant to 
                section 542 of the Water Resources Development Act of 
                2000 (114 Stat. 2671; 121 Stat. 1150).
                    (G) The project for environmental infrastructure, 
                Ohio and North Dakota, authorized by section 594 of the 
                Water Resources Development Act of 1999 (113 Stat. 383; 
                121 Stat. 1140; 121 Stat. 1944).

[[Page 134 STAT. 2679]]

                    (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).

[[Page 134 STAT. 2680]]

                    (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) <<NOTE: Update.>>  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.

[[Page 134 STAT. 2681]]

            (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) <<NOTE: Determination.>>  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) <<NOTE: Lists.>>  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

[[Page 134 STAT. 2682]]

                          (ii) the latest technical data and scientific 
                      approaches to changing hydrologic and climatic 
                      conditions.

    (c) Recommendations.--
            (1) In general.--In conducting the comprehensive study under 
        subsection (a), the Secretary may develop a recommendation to 
        Congress for--
                    (A) the construction of a water resources 
                development project;
                    (B) the structural or operational modification of an 
                existing water resources development project;
                    (C) additional monitoring of, or adaptive management 
                measures to carry out with respect to, existing water 
                resources development projects, to respond to changing 
                hydrologic and climatic conditions; or
                    (D) geographic areas within the Yolo Bypass System 
                for additional study by the Secretary.
            (2) Additional considerations.--Any feasibility study 
        carried out pursuant to a recommendation under paragraph (1)(D) 
        shall be considered to be a continuation of the comprehensive 
        study authorized under subsection (a).

    (d) Completion of Study; Report to Congress.--Not later than 3 years 
after the date of enactment of this section, the Secretary shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of the 
Senate a report detailing--
            (1) the results of the comprehensive study conducted under 
        subsection (a), including any recommendations developed under 
        subsection (c);
            (2) any additional, site-specific areas within the Yolo 
        Bypass System where additional study for flood risk management 
        or ecosystem restoration projects is recommended by the 
        Secretary; and
            (3) any interim actions relating to existing water resources 
        development projects undertaken by the Secretary during the 
        study period.

    (e) Definitions.--In this section:
            (1) Yolo bypass system.--The term ``Yolo Bypass System'' 
        means the system of weirs, levees, bypass structures, and other 
        water resources development projects in California's Sacramento 
        River Valley, extending from the Fremont Weir near Woodland, 
        California, to the Sacramento River near Rio Vista, California, 
        authorized pursuant to section 2 of the Act of March 1, 1917 
        (chapter 144; 39 Stat. 949).
            (2) Yolo bypass and cache slough partnership.--The term 
        ``Yolo Bypass and Cache Slough Partnership'' means the group of 
        parties to the Yolo Bypass and Cache Slough Memorandum of 
        Understanding, effective May 2016, regarding collaboration and 
        cooperation in the Yolo Bypass and Cache Slough region.
SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.

    (a) In General.--In carrying out the review of the Lake Okeechobee 
regulation schedule pursuant to section 1106 of the Water Resources 
Development Act of 2018 (132 Stat. 3773), the Secretary shall--

[[Page 134 STAT. 2683]]

            (1) <<NOTE: Evaluation.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Public information. Disclosure.>>  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) <<NOTE: Assessment. Recommenda- tions.>>  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.

[[Page 134 STAT. 2684]]

    (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) <<NOTE: New York. Illinois.>>  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. <<NOTE: Summaries.>>  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

[[Page 134 STAT. 2685]]

        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) <<NOTE: Investigation.>>  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

[[Page 134 STAT. 2686]]

maximum extent practicable and where appropriate, make use of existing 
data provided to the Secretary by such entities or from any relevant 
multistate monitoring programs.
    (c) Recommendations.--In conducting the comprehensive study under 
subsection (a), the Secretary shall develop actionable recommendations 
to Congress, including for--
            (1) the construction of new water resources development 
        projects to improve the maximum effective river resource use and 
        control;
            (2) the structural or operational modification of completed 
        water resources development projects;
            (3) such additional monitoring of, or adaptive management 
        measures to carry out with respect to, completed water resources 
        development projects, to respond to changing conditions;
            (4) improving the efficiency of operational and maintenance 
        dredging within the study area;
            (5) whether changes are necessary to the Mississippi River 
        and Tributaries project within the study area;
            (6) other Federal and non-Federal action, where appropriate; 
        and
            (7) follow-up studies and data collection and monitoring to 
        be carried out by the relevant Federal or State agency.

    (d) Completion of Study; Report to Congress.--
            (1) Annual reports.--Not later than 1 year after the date of 
        enactment of this Act, and annually thereafter until the final 
        report under paragraph (2) is submitted, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Environment 
        and Public Works of the Senate a report detailing--
                    (A) any interim actions relating to water resources 
                development projects within the study area undertaken by 
                the Secretary under existing authority; and
                    (B) any recommendations developed under subsection 
                (c).
            (2) Final report.--Not later than 5 years after the date of 
        enactment of this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a final report detailing the results of the 
        comprehensive study required by this section, including the 
        recommendations developed under subsection (c).
            (3) Application of certain requirements.--Section 1001(a) of 
        the Water Resources Reform and Development Act of 2014 (33 
        U.S.C. 2282c(a)) shall not apply to the study carried out by the 
        Secretary under this section.

    (e) Further Analysis.--
            (1) In general.--In conducting the comprehensive study under 
        subsection (a), the Secretary shall carry out activities in 
        geographic areas that warrant additional analysis by the Corps 
        of Engineers, including feasibility studies.
            (2) Treatment.--A feasibility study carried out under 
        paragraph (1) shall be considered to be a continuation of the 
        comprehensive study conducted under subsection (a).

[[Page 134 STAT. 2687]]

    (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) <<NOTE: Examinations.>>  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) <<NOTE: Investigation. Recommenda- tions.>>  In 
        general.--Except as provided in paragraph (2), upon the request 
        of the non-Federal interest for the Lower Missouri

[[Page 134 STAT. 2688]]

        Basin study, the Secretary shall expand the scope of such study 
        to investigate and provide recommendations relating to--
                    (A) <<NOTE: State listing.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2689]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 2690]]

                    (C) any interim actions relating to existing water 
                resources development projects in the Lower Missouri 
                River Basin undertaken by the Secretary during the study 
                period.
            (10) Definitions.--In this subsection:
                    (A) Lower missouri basin study.--The term ``Lower 
                Missouri Basin study'' means the Lower Missouri Basin 
                Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska, 
                and Missouri, authorized pursuant to section 216 of the 
                Flood Control Act of 1970 (33 U.S.C. 549a).
                    (B) Small community.--The term ``small community'' 
                means a local government that serves a population of 
                less than 15,000.

    (b) Upper Missouri River Basin Comprehensive Study.--
            (1) <<NOTE: Examinations.>>  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

[[Page 134 STAT. 2691]]

                    (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--

[[Page 134 STAT. 2692]]

                    (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) <<NOTE: Strategy.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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

[[Page 134 STAT. 2693]]

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. <<NOTE: Deadline. Update.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Analysis.>>  an analysis of how adding water 
        supply and water conservation as a primary mission of the Corps 
        of Engineers

[[Page 134 STAT. 2694]]

        would affect the ability of the Secretary to carry out future 
        water resources development projects; and
            (5) <<NOTE: Recommenda- tions.>>  any recommendations of the 
        Secretary relating to including water supply and water 
        conservation as a primary mission of the Corps of Engineers.
SEC. 222. <<NOTE: 33 USC 2282d-1.>>  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) <<NOTE: Contracts. Notification. Time
                                 period.>>  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.

[[Page 134 STAT. 2695]]

                          (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) <<NOTE: Cost estimate. Time periods.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Public information. Web posting.>>  
        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).

[[Page 134 STAT. 2696]]

            (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) <<NOTE: Notification. Timeline.>>  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) <<NOTE: 33 USC 2202 note.>>  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 <<NOTE: Recommenda- tions.>>  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:

[[Page 134 STAT. 2697]]

``SEC. 1210. REPORT ON DEBRIS REMOVAL.

    ``(a) <<NOTE: Public information. Time periods.>>  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) <<NOTE: Cost estimate.>>  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) <<NOTE: Reviews.>>  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) <<NOTE: Assessment.>>  the assessment of 
                      existing and alternative algorithms that could 
                      improve basin runoff forecasting;
                          (iii) the approach of the Corps of Engineers 
                      for reservoir releases in the winter, spring, 
                      summer, and fall, based on basin runoff forecasts;
                          (iv) the technical report of the Corps of 
                      Engineers entitled ``Long-Term Runoff 
                      Forecasting'', dated February, 2017;
                          (v) the use by the Corps of Engineers of data 
                      from Federal and State entities in basin runoff 
                      forecasts; and

[[Page 134 STAT. 2698]]

                          (vi) the use by the Corps of Engineers of 
                      advanced data collection, including through the 
                      use of unmanned aerial systems, forecasting, and 
                      modeling;
                    (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Contracts.>>  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. <<NOTE: 33 USC 2270.>>  SUBSURFACE DRAIN SYSTEMS 
                          RESEARCH AND DEVELOPMENT.

    Subject <<NOTE: Consultation.>>  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 <<NOTE: Public information.>>  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:

[[Page 134 STAT. 2699]]

            ``(2) <<NOTE: Updates.>>  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. <<NOTE: 33 USC 579d-2.>>  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

[[Page 134 STAT. 2700]]

                          (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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2701]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Federal Register, publication.>>  
                publish the final deauthorization list and appendix in 
                the Federal Register.
            (2) Exclusions.--The Secretary shall not include in the 
        final deauthorization list submitted under paragraph (1) any 
        project or separable element with respect to which Federal funds 
        for planning, design, or construction are obligated after the 
        development of the preliminary list under subsection (b)(1)(A) 
        but prior to the submission of the final deauthorization list 
        under paragraph (1)(A) of this subsection.

    (d) Deauthorization; Congressional Review.--
            (1) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2702]]

                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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Estimate.>>  the estimated current value 
                of each such project or separable element of a project.

    (g) <<NOTE: Time period.>>  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) <<NOTE: Reports. Updates. Analysis.>>  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

[[Page 134 STAT. 2703]]

            (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''.

[[Page 134 STAT. 2704]]

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

[[Page 134 STAT. 2705]]

the Secretary as initiating construction of the project such that future 
funds will not require a new investment decision.
SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.

    The project for navigation, Ouachita and Black Rivers, Arkansas and 
Louisiana, authorized by section 101 of the River and Harbor Act of 1960 
(74 Stat. 481), is modified to include water supply as an authorized 
purpose.
SEC. 312. LAKE ISABELLA, CALIFORNIA.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary, when evaluating alternative locations for construction of a 
permanent Isabella Lake Visitor Center by the Corps of Engineers to 
replace the facility impacted by the Isabella Dam safety modification 
project, should afford substantial weight to the site preference of the 
local community.
    (b) Authority.--The Secretary may acquire such interests in real 
property as the Secretary determines necessary or advisable to support 
construction of the Isabella Dam safety modification project.
    (c) Transfer.--The Secretary may transfer any real property 
interests acquired under subsection (b) to any other Federal agency or 
department without reimbursement.
    (d) Isabella Dam Safety Modification Project Defined.--In this 
section, the term ``Isabella Dam safety modification project'' means the 
dam safety modification project at the Isabella Reservoir in the San 
Joaquin Valley, California (authorized by Act of December 22, 1944 
(chapter 665, 58 Stat. 901)), including the component of the project 
relating to construction a visitor center facility.
SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.

    The Secretary shall align the schedules of, and maximize 
complimentary efforts, minimize duplicative practices, and ensure 
coordination and information sharing with respect to--
            (1) the project for flood risk management, Lower San Joaquin 
        River, authorized by section 1401(2) of the Water Resources 
        Development Act of 2018 (132 Stat. 3836); and
            (2) the second phase of the feasibility study for the Lower 
        San Joaquin River project for flood risk management, authorized 
        for expedited completion by section 1203(a)(7) of the Water 
        Resources Development Act 2018 (132 Stat. 3803).
SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

     The <<NOTE: Effective date.>>  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 <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2706]]

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) <<NOTE: Applicability.>>  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) <<NOTE: Repeal.>>  is 
repealed.
SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER, 
                          CALIFORNIA.

    The <<NOTE: Effective date.>>  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.

[[Page 134 STAT. 2707]]

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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2708]]

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 <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2709]]

the Armed Services Board of Contract Appeals, or by a court of competent 
jurisdiction, to a contractor relating to the adjudication of claims 
arising from construction of the project described in subsection (a).
SEC. 324. CENTRAL EVERGLADES, FLORIDA.

    The project for ecosystem restoration, Central Everglades, 
authorized by section 1401(4) of the Water Resources Development Act of 
2016 (130 Stat. 1713), is modified to include the project for ecosystem 
restoration, Central and Southern Florida, Everglades Agricultural Area, 
authorized by section 1308 of the Water Resources Development Act of 
2018 (132 Stat. 3819), and to authorize the Secretary to carry out the 
project, as so combined, at a total combined cost of $4,362,091,000.
SEC. 325. MIAMI RIVER, FLORIDA.

     The <<NOTE: Effective date.>>  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 <<NOTE: Effective date.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2710]]

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 <<NOTE: Reports.>>  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) <<NOTE: Effective date.>>  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).

[[Page 134 STAT. 2711]]

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:

[[Page 134 STAT. 2712]]

            ``(4) <<NOTE: Determination.>>  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) <<NOTE: Costs. Time period. Analysis.>>  
                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 <<NOTE: Massachusetts.>>  Secretary shall expedite the 
activities required to be carried out under section 204 of the Water 
Resources Development Act of 1992 (33 U.S.C. 2326) regarding the use of 
improvement dredging of the Portsmouth Federal navigation project in 
Portsmouth, New Hampshire, carried out pursuant to section 3 of the Act 
of August 13, 1946 (33 U.S.C. 426g), as a source of clean beach fill 
material to reinforce the stone revetment at Nantasket Beach, Hull, 
Massachusetts.
SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW 
                          JERSEY.

    The Secretary shall--
            (1) nullify the determination of the North Atlantic Division 
        of the Corps of Engineers that further activities to carry out 
        the feasibility study for a project for flood risk management, 
        Rahway, New Jersey, authorized by the resolution of the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives adopted on March 24, 1998 (docket number 2548), 
        is not warranted;
            (2) identify an acceptable alternative to the project 
        described in paragraph (1) that could receive Federal support; 
        and
            (3) carry out, and expedite the completion of, a feasibility 
        study for the acceptable alternative identified under paragraph 
        (2).
SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.

    (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43 U.S.C. 
620a note) is amended by striking ``a total of two hundred thousand 
acre-feet of''.
    (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public 
Law 100-522 (43 U.S.C. 620a note) is amended--
            (1) by striking ``200,000 acre-feet of'';

[[Page 134 STAT. 2713]]

            (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) <<NOTE: Effective date.>>  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.

[[Page 134 STAT. 2714]]

    (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. <<NOTE: Effective date.>>  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 <<NOTE: Effective date.>>  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 <<NOTE: Repeal.>>  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 <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2715]]

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 <<NOTE: Time period.>>  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. <<NOTE: 46 USC 70001 note.>>  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

[[Page 134 STAT. 2716]]

            (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) <<NOTE: Time period.>>  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 <<NOTE: Time period.>>  a case in which the Armed Services Board 
of Contract Appeals or other court of competent jurisdiction has 
rendered a decision during the period beginning on December 1, 2017, and 
ending on December 31, 2022, awarding damages to a contractor relating 
to the adjudication of claims arising from the construction of an 
authorized water resources development project, notwithstanding the 
terms of the Project Partnership Agreement, the Secretary shall waive 
payment of the share of the non-Federal interest of those damages, 
including attorney's fees, if--
            (1)(A) the contracting officer was instructed by the Corps 
        of Engineers to modify the terms of the contract or terminate 
        the contract; and
            (B) the Armed Services Board of Contract Appeals or other 
        court of competent jurisdiction determined that the failure of 
        the contracting officer to timely take the action described in 
        subparagraph (A) was a material breach of the contract that 
        resulted in damages to the contractor awarded by the Armed 
        Services Board of Contract Appeals or the court, as applicable; 
        or
            (2) the claims arose from construction of a project 
        deauthorized under this title.
SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.

    Section 322 of the Water Resources Development Act of 1990 (33 
U.S.C. 2324) is amended--
            (1) in subsection (b), by striking ``2,000,000'' and 
        inserting ``3,000,000''; and
            (2) in subsection (g)--

[[Page 134 STAT. 2717]]

                    (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) <<NOTE: Determinations.>>  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) <<NOTE: Deadlines.>>  Treatment of pre-payment.--
        Notwithstanding a deferred payment agreement with a non-Federal 
        interest, the

[[Page 134 STAT. 2718]]

        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''.

[[Page 134 STAT. 2719]]

            (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 
                ``<SUP>western</SUP> rural</SUP> water.</SUP>'';
                    (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) <<NOTE: Time period.>>  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''.

[[Page 134 STAT. 2720]]

SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.

    (a) <<NOTE: Missouri.>>  Water Supply.--The following project 
modifications for water supply, as identified in the report entitled 
``Report to Congress on Future Water Resources Development'' dated 
February 2019, and submitted to Congress on June 3, 2019, pursuant to 
section 7001 of the Water Resources Reform and Development Act of 2014 
(33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to 
be carried out by the Secretary substantially in accordance with the 
recommendations included in such report pursuant to section 301(c) of 
the Water Supply Act of 1958 (43 U.S.C. 390b(c)) and as follows:
            (1) Clarence cannon dam and mark twain lake project, salt 
        river, missouri.--
                    (A) In general.--The project for Clarence Cannon Dam 
                and Mark Twain Lake Project, Salt River, Missouri, 
                authorized by section 203 of the Flood Control Act of 
                1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is 
                modified to release 5,600 acre-feet of future use water 
                supply storage to the Federal Government under water 
                supply contract No. DACW43-88-C-0036, and future 
                financial obligations for such volume of storage.
                    (B) Relief of certain obligations.--Upon execution 
                of the amendment required by subparagraph (C), the State 
                of Missouri shall be relieved of the obligation to pay 
                the percentage of the annual operation and maintenance 
                expense, the percentage of major replacement cost, and 
                the percentage of major rehabilitation costs, of the 
                joint use facilities of the project described in 
                subparagraph (A), that are attributable to water supply 
                storage space not being used by the State during the 
                period before the State commences use of the storage 
                space.
                    (C) Amendment to contract.--The Secretary shall 
                amend Water Supply Contract No. DACW43-88-C-0036, dated 
                March 10, 1988, between the United States and the State 
                of Missouri, to implement the modifications required 
                under subparagraphs (A) and (B).
            (2) City of plattsburg.--
                    (A) In general.--The project for Smithville Lake, 
                Missouri, authorized pursuant to section 204 of the 
                Flood Control Act of 1965 (79 Stat. 1080), is modified 
                to release the City of Plattsburg, Missouri, from--
                          (i) 8,850 acre-feet of future water supply 
                      storage contracts; and
                          (ii) future financial obligations for the 
                      volume of storage described in clause (i).
                    (B) Amendment to contract.--The Secretary shall 
                amend water supply contract No. DACW41-73-C-0008, 
                between the United States and the State of Missouri, to 
                implement the modifications under subparagraph (A).
            (3) City of smithville.--
                    (A) In general.--The project for Smithville Lake, 
                Missouri, authorized pursuant to section 204 of the 
                Flood Control Act of 1965 (79 Stat. 1080), is modified 
                to release the City of Smithville, Missouri, from--
                          (i) 6,000 acre-feet of future water supply 
                      storage contracts; and

[[Page 134 STAT. 2721]]

                          (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) <<NOTE: Determinations.>>  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) <<NOTE: Arkansas. Louisiana. Texas.>>  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) <<NOTE: Coordination.>>  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

[[Page 134 STAT. 2722]]

        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.--

[[Page 134 STAT. 2723]]

            (1) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2724]]

        interests of the United States, to include retaining the right 
        to inundate with water any land transferred under this 
        subsection.
            (5) <<NOTE: Determination.>>  Consideration.--The City of 
        Montgomery, Alabama, shall pay to the Secretary an amount that 
        is not less than the fair market value of the property conveyed 
        under this subsection, as determined by the Secretary.

    (d) Conveyance of Wilmington Harbor North Disposal Area, Delaware.--
            (1) In general.--As soon as practicable, the Secretary shall 
        complete the conveyance of the Wilmington Harbor North Disposal 
        Area confined disposal facility, Delaware, to the State of 
        Delaware.
            (2) Deed.--The Secretary shall convey the property under 
        this subsection by quitclaim deed under such terms and 
        conditions as the Secretary determines appropriate to protect 
        the interests of the United States.
            (3) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2725]]

                          (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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2726]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  Consideration.--The City of 
        Clinton, Missouri, shall pay to the Secretary an amount that is 
        not less than the

[[Page 134 STAT. 2727]]

        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) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  Non-federal entity.--In this 
        subsection, the term ``non-Federal entity'' means the Friends of 
        Joseph Barker, Jr., House, a nonprofit organization in the State 
        of Ohio.
            (2) Conveyance authorized.--
                    (A) In general.--Subject to paragraph (6), the 
                Secretary shall convey to the non-Federal entity, 
                without consideration, all right, title, and interest of 
                the United States in and to the property described in 
                paragraph (3)(A).
                    (B) Easement.--Upon conveyance of the property under 
                subparagraph (A), the Secretary shall provide to the 
                non-Federal entity, without consideration, an easement 
                over the property described in paragraph (3)(B) for 
                access to the conveyed property for as long as the non-
                Federal entity is in legal possession of the conveyed 
                property.
            (3) Descriptions of property.--
                    (A) In general.--The property referred to in 
                paragraph (2)(A) is the following (as in existence on 
                the date of enactment of this Act):

[[Page 134 STAT. 2728]]

                          (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

[[Page 134 STAT. 2729]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Investigation.>>  
                                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) <<NOTE: Reports.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Notification. Coordination.>>  
                      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

[[Page 134 STAT. 2730]]

                          (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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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:

[[Page 134 STAT. 2731]]

                    (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) <<NOTE: Consultation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Assessment.>>  Environmental 
                compliance.--Before making the conveyance under 
                paragraph (2), in accordance with the real estate 
                appendix, the Secretary shall complete a Phase 1 
                Environmental Site Assessment pursuant to the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.).

[[Page 134 STAT. 2732]]

                    (C) <<NOTE: Memorandum.>>  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) <<NOTE: Effective date.>>  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. <<NOTE: Repeals.>>  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--

[[Page 134 STAT. 2733]]

            (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
------------------------------------------------------------------------

[[Page 134 STAT. 2734]]

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


            (2) Flood risk management.--


[[Page 134 STAT. 2735]]



------------------------------------------------------------------------
                               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
------------------------------------------------------------------------

[[Page 134 STAT. 2736]]

 
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
------------------------------------------------------------------------

[[Page 134 STAT. 2737]]

 
2. NJ     New Jersey          April 8, 2020  Initial Federal:
           Beneficial Use of                  $84,071,000
           Dredged Material                  Initial Non-Federal:
           for the Delaware                   $45,270,000
           River                             Total: $129,341,000
                                             Renourishment Federal:
                                              $85,495,000
                                             Renourishment Non-Federal:
                                              $85,495,000
                                             Renourishment Total:
                                              $170,990,000
------------------------------------------------------------------------
3. NJ     Rahway River        June 9, 2020   Federal: $48,322,000
           Basin, New Jersey                 Non-Federal: $26,020,000
           Coastal Storm                      Total: $74,342,000
           Risk Management
------------------------------------------------------------------------
4. NJ     Raritan Bay and     August 25,     Federal: $107,680,000
           Sandy Hook Bay,     2020          Non-Federal: $57,981,000
           Highlands                          Total: $165,661,000
------------------------------------------------------------------------
5. NY     East Rockaway       August 22,     Initial Federal:
           Inlet to Rockaway   2019           $638,460,000
           Inlet and Jamaica                 Initial Non-Federal: $0
           Bay, Atlantic                     Total: $638,460,000
           Coast of New York                 Renourishment Federal:
                                              $200,924,000
                                             Renourishment Non-Federal:
                                              $200,924,000
                                             Renourishment Total:
                                              $401,847,000
------------------------------------------------------------------------

[[Page 134 STAT. 2738]]

 
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.--


[[Page 134 STAT. 2739]]



------------------------------------------------------------------------
                               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
------------------------------------------------------------------------

[[Page 134 STAT. 2740]]

 
6. IA,    Grand River Basin   November 18,   Federal: $78,876,000
 MO        Ecosystem           2020          Non-Federal: $42,471,000
           Restoration                       Total: $121,347,000
------------------------------------------------------------------------
7. IL     The Great Lakes     May 23, 2019   Federal: $557,730,550
           and Mississippi                   Non-Federal: $300,316,450
           River Interbasin                  Total: $858,047,000
           Study - Brandon
           Road, Will County
------------------------------------------------------------------------
8. IL     South Fork of the   July 9, 2020   Federal: $11,657,000
           South Branch of                   Non-Federal: $6,277,000
           the Chicago                       Total: $17,934,000
           River, Bubbly
           Creek, Ecosystem
           Restoration
------------------------------------------------------------------------
9. MD     Anacostia           December 19,   Federal: $25,866,750
           Watershed           2018          Non-Federal: $13,928,250
           Restoration,                      Total: $39,795,000
           Prince George's
           County
------------------------------------------------------------------------
10. MO    St. Louis           November 1,    Federal: $61,362,893
           Riverfront-         2019          Non-Federal: $33,042,107
           Meramec River                     Total: $94,405,000
           Basin Ecosystem
           Restoration
------------------------------------------------------------------------
11. NY,   Hudson-Raritan      May 26, 2020   Federal: $273,933,000
 NJ        Estuary Ecosystem                 Non-Federal: $147,502,000
           Restoration                       Total: $421,435,000
------------------------------------------------------------------------
12. NY    Hudson River        November 19,   Federal: $33,479,000
           Habitat             2020          Non-Federal: $11,159,000
           Restoration                       Total: $44,638,000
------------------------------------------------------------------------
13. TX    Jefferson County    September 12,  Federal: $38,942,000
           Ecosystem           2019          Non-Federal: $20,969,000
           Restoration                       Total: $59,911,000
------------------------------------------------------------------------


            (6) Water supply.--


[[Page 134 STAT. 2741]]



------------------------------------------------------------------------
                               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
------------------------------------------------------------------------

[[Page 134 STAT. 2742]]

 
8. VA     Atlantic            October 19,    Federal: $59,500,000
           Intracoastal        2020          Non-Federal: $0
           Waterway Deep                      Total: $59,500,000
           Creek Bridge
           Replacement
------------------------------------------------------------------------


SEC. 402. SPECIAL RULES.

    (a) Great Lakes and Mississippi River Interbasin Project, Brandon 
Road, Will County, Illinois.--The Secretary shall carry out the project 
for ecosystem restoration, Great Lakes and Mississippi River Interbasin 
project, Brandon Road, Will County, Illinois, authorized by section 401 
of this Act, substantially in accordance with the terms and conditions 
described in the Report of the Chief of Engineers, dated May 23, 2019, 
with the following modifications:
            (1) The Federal share of the cost of construction shall be 
        80 percent.
            (2) The Secretary may include the addition or substitution 
        of technologies or measures not described in the report, as the 
        Secretary determines to be advisable.

    (b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay 
Reformulation, New York.--The project for hurricane and storm damage 
reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, 
Atlantic Coast of New York, authorized by section 401 of this Act, shall 
be considered to be a continuation of the interim response to the 
authorization by the House of Representatives dated September 20, 1997, 
and the authorization under the heading ``Department of the Army--Corps 
of Engineers--Civil--Construction'' under chapter 4 of title X of the 
Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
    (c) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2743]]

            (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

[[Page 134 STAT. 2744]]

        & 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) <<NOTE: Assessment.>>  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. <<NOTE: 33 USC 610 note.>>  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.''.

[[Page 134 STAT. 2745]]

SEC. 503. <<NOTE: 33 USC 610 note.>>  TERRESTRIAL NOXIOUS WEED 
                          CONTROL PILOT PROGRAM.

    (a) <<NOTE: Consultation.>>  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 134 STAT. 2746]]

            (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

[[Page 134 STAT. 2747]]

                          ``(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) <<NOTE: Coordination.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2748]]

        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).

[[Page 134 STAT. 2749]]

                    ``(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. <<NOTE: 16 USC 4701 note.>>  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

[[Page 134 STAT. 2750]]

in alpine lakes that are not located within a unit of the National Park 
System.
    (b) Partnerships.--The Secretary of the Interior, acting through the 
Director of the United States Fish and Wildlife Service, shall offer to 
enter into a partnership to carry out the pilot program with--
            (1) any relevant partnering Federal agency; and
            (2) any relevant compact agency organized with the consent 
        of Congress under article I, section 10 of the Constitution of 
        the United States.

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the pilot program $25,000,000 for the period 
of fiscal years 2022 through 2024.
SEC. 508. <<NOTE: 16 USC 742b note.>>  MURDER HORNET ERADICATION 
                          PILOT PROGRAM.

    (a) <<NOTE: Consultation.>>  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) <<NOTE: 33 USC 610 note.>>  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

[[Page 134 STAT. 2751]]

        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) <<NOTE: Analysis.>>  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.

[[Page 134 STAT. 2752]]

            (8) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $25,000,000, to 
        remain available until expended.

    (b) <<NOTE: 16 USC 742b note.>>  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. <<NOTE: 16 USC 742b note.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2753]]

        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) <<NOTE: Coordination.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Consultation. Standards.>>  shall 
                establish, in consultation with the Administrator, 
                requirements and standards for the installation of new 
                stations and modification of existing stations to ensure 
                seamless data integration into--
                          (i) the National Mesonet Program;
                          (ii) the National Coordinated Soil Moisture 
                      Network; and
                          (iii) other relevant networks.
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection, in addition to any 
        other funds authorized to be appropriated for the installation 
        of a network of soil moisture and plains snowpack monitoring 
        stations or the modification of existing stations in the Upper 
        Missouri River Basin, $7,000,000 for each of fiscal years 2021 
        through 2025.

    (b) <<NOTE: Data.>>  Soil Moisture and Snowpack Monitoring Pilot 
Program.--
            (1) <<NOTE: Deadline.>>  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).

[[Page 134 STAT. 2754]]

            (2) Requirements.--In establishing the pilot program under 
        paragraph (1), the Administrator shall--
                    (A) <<NOTE: Contracts.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Deadline. Evaluation.>>  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) <<NOTE: Assessments.>>  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

[[Page 134 STAT. 2755]]

                      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 <<NOTE: Coordination.>> ) 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) <<NOTE: Recommenda- tions.>>  making 
                recommendations based on those findings to improve 
                weather, subseasonal, seasonal, and climate monitoring 
                nationally.
            (5) Government accountability office audit.--
                    (A) <<NOTE: Deadline. Evaluation. Determination.>>  
                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) <<NOTE: Compliance.>>  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.

[[Page 134 STAT. 2756]]

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) <<NOTE: 33 USC 981 note.>>  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'';

[[Page 134 STAT. 2757]]

                    (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, <<NOTE: 49 USC 101 
                prec.>>  United States Code, is amended by amending the 
                item relating to section 110 to read as follows:

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

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

SEC. 1. TABLE OF CONTENTS.

    The table of contents of the division is as follows:

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

Sec. 1. Table of contents.

                        TITLE I--NO SURPRISES ACT

Sec. 101. Short title.
Sec. 102. Health insurance requirements regarding surprise medical 
           billing.
Sec. 103. Determination of out-of-network rates to be paid by health 
           plans; Independent dispute resolution process.

[[Page 134 STAT. 2758]]

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 <<NOTE: No Surprises Act.>>  SURPRISES ACT
SEC. 101. <<NOTE: 42 USC 201 note.>>  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.--

[[Page 134 STAT. 2759]]

            (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. <<NOTE: 42 USC 300gg-111.>>  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) <<NOTE: Deadline. Notice.>>  
                                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

[[Page 134 STAT. 2760]]

                                (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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Compliance.>>  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.

[[Page 134 STAT. 2761]]

                          ``(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) <<NOTE: Deadline. Consultation.>>  
                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) <<NOTE: Complaints.>>  a process to 
                      receive complaints of violations of the 
                      requirements described in subclauses (I) and (II) 
                      of subparagraph (A)(i) by group health plans and 
                      health insurance issuers offering group or 
                      individual health insurance coverage.
                Such rulemaking shall take into account payments that 
                are made by such plan or issuer, respectively, that are 
                not on a fee-for-service basis. Such methodology may 
                account for relevant payment adjustments that take into 
                account quality or facility type (including higher 
                acuity settings and the case-mix of various facility 
                types) that are otherwise taken into account for 
                purposes of determining payment amounts with respect to 
                participating facilities. 
                In <<NOTE: Consultation. Updates.>>  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.

[[Page 134 STAT. 2762]]

                    ``(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

[[Page 134 STAT. 2763]]

                                stabilization by a provider or facility 
                                described in subclause (I), are the 
                                following;
                                            
                                        ``(aa) <<NOTE: Determination.>>  
                                        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) <<NOTE: Determination. Gui
                                        delines.>>  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

[[Page 134 STAT. 2764]]

                                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 <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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,

[[Page 134 STAT. 2765]]

                                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

[[Page 134 STAT. 2766]]

                                in 2019 under such plan or coverage, the 
                                first year after 2019 for which coverage 
                                for such item or service is offered 
                                under such plan or health insurance 
                                coverage.
                                    ``(II) First sufficient information 
                                year.--The term `first sufficient 
                                information year' means, with respect to 
                                a group health plan or group or 
                                individual health insurance coverage 
                                offered by a health insurance issuer--
                                            ``(aa) in the case of an 
                                        item or service for which the 
                                        plan or coverage does not have 
                                        sufficient information to 
                                        calculate the median of the 
                                        contracted rates described in 
                                        clause (i)(I) in 2019, the first 
                                        year subsequent to 2022 for 
                                        which the sponsor or issuer has 
                                        such sufficient information to 
                                        calculate the median of such 
                                        contracted rates in the year 
                                        previous to such first 
                                        subsequent year; and
                                            ``(bb) in the case of a 
                                        newly covered item or service, 
                                        the first year subsequent to the 
                                        first coverage year for such 
                                        item or service with respect to 
                                        such plan or coverage for which 
                                        the sponsor or issuer has 
                                        sufficient information to 
                                        calculate the median of the 
                                        contracted rates described in 
                                        clause (i)(I) in the year 
                                        previous to such first 
                                        subsequent year.
                                    ``(III) Newly covered item or 
                                service.--The term `newly covered item 
                                or service' means, with respect to a 
                                group health plan or group or individual 
                                health insurance issuer offering health 
                                insurance coverage, an item or service 
                                for which coverage was not offered in 
                                2019 under such plan or coverage, but is 
                                offered under such plan or coverage in a 
                                year after 2019.
                    ``(F) Nonparticipating emergency facility; 
                participating emergency facility.--
                          ``(i) Nonparticipating emergency facility.--
                      The term `nonparticipating emergency facility' 
                      means, with respect to an item or service and a 
                      group health plan or group or individual health 
                      insurance coverage offered by a health insurance 
                      issuer, an emergency department of a hospital, or 
                      an independent freestanding emergency department, 
                      that does not have a contractual relationship 
                      directly or indirectly with the plan or issuer, 
                      respectively, for furnishing such item or service 
                      under the plan or coverage, respectively.
                          ``(ii) Participating emergency facility.--The 
                      term `participating emergency facility' means, 
                      with respect to an item or service and a group 
                      health plan or group or individual health 
                      insurance coverage offered by a health insurance 
                      issuer, an emergency department of a hospital, or 
                      an independent freestanding emergency department, 
                      that has a contractual relationship directly or 
                      indirectly with the plan or issuer, respectively, 
                      with respect to the furnishing of such an item or 
                      service at such facility.

[[Page 134 STAT. 2767]]

                    ``(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

[[Page 134 STAT. 2768]]

                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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2769]]

        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) <<NOTE: Deadline. Notice.>>  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

[[Page 134 STAT. 2770]]

                      plan or issuer, respectively, with respect to the 
                      furnishing of such an item or service at the 
                      facility.
                          ``(ii) Health care facility described.--A 
                      health care facility described in this clause, 
                      with respect to a group health plan or group or 
                      individual health insurance coverage, is each of 
                      the following:
                                    ``(I) A hospital (as defined in 
                                1861(e) of the Social Security Act).
                                    ``(II) A hospital outpatient 
                                department.
                                    ``(III) A critical access hospital 
                                (as defined in section 1861(mm)(1) of 
                                such Act).
                                    ``(IV) An ambulatory surgical center 
                                described in section 1833(i)(1)(A) of 
                                such Act.
                                    ``(V) Any other facility, specified 
                                by the Secretary, that provides items or 
                                services for which coverage is provided 
                                under the plan or coverage, 
                                respectively.
                    ``(B) Visit.--The term `visit' shall, with respect 
                to items and services furnished to an individual at a 
                health care facility, include equipment and devices, 
                telemedicine services, imaging services, laboratory 
                services, preoperative and postoperative services, and 
                such other items and services as the Secretary may 
                specify, regardless of whether or not the provider 
                furnishing such items or services is at the facility.

    ``(c) <<NOTE: Determination.>>  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. <<NOTE: 42 USC 300gg-117.>>  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.

[[Page 134 STAT. 2771]]

            ``(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) <<NOTE: Effective date.>>  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.''.

[[Page 134 STAT. 2772]]

                    (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. <<NOTE: 29 USC 1185e.>>  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;

[[Page 134 STAT. 2773]]

                    ``(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) <<NOTE: Deadline. Notice.>>  
                                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).

[[Page 134 STAT. 2774]]

            ``(2) <<NOTE: Deadline. Consultation.>>  Regulations for 
        qualifying payment amounts.--Not later than July 1, 2021, the 
        Secretary, in consultation with the Secretary of the Treasury 
        and the Secretary of Health and Human Services, shall establish 
        through rulemaking--
                    ``(A) the methodology the group health plan or 
                health insurance issuer offering health insurance 
                coverage in the group market shall use to determine the 
                qualifying payment amount, differentiating by large 
                group market, and small group market;
                    ``(B) the information such plan or issuer, 
                respectively, shall share with the nonparticipating 
                provider or nonparticipating facility, as applicable, 
                when making such a determination;
                    ``(C) the geographic regions applied for purposes of 
                this subparagraph, taking into account access to items 
                and services in rural and underserved areas, including 
                health professional shortage areas, as defined in 
                section 332 of the Public Health Service Act; and
                    ``(D) <<NOTE: Complaints.>>  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 <<NOTE: Consultation. Updates.>>  
        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

[[Page 134 STAT. 2775]]

                                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) <<NOTE: Determination.>>  
                                        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

[[Page 134 STAT. 2776]]

                                        and consent criteria of section 
                                        2799B-2(d) with respect to such 
                                        items and services.
                                            
                                        ``(cc) <<NOTE: Determination. Gui
                                        delines.>>  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.

[[Page 134 STAT. 2777]]

                          ``(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),

[[Page 134 STAT. 2778]]

                                means the rate determined under 
                                subclause (I) or this subclause, as 
                                applicable, for such item or service for 
                                the year previous to such subsequent 
                                year, increased by the percentage 
                                increase in the consumer price index for 
                                all urban consumers (United States city 
                                average) over such previous year;
                                    ``(III) for an item or service 
                                furnished in the first sufficient 
                                information year for such item or 
                                service with respect to such plan or 
                                coverage, has the meaning given the term 
                                qualifying payment amount in clause 
                                (i)(I), except that in applying such 
                                clause to such item or service, the 
                                reference to `furnished during 2022' 
                                shall be treated as a reference to 
                                furnished during such first sufficient 
                                information year, the reference to `in 
                                2019' shall be treated as a reference to 
                                such sufficient information year, and 
                                the increase described in such clause 
                                shall not be applied; and
                                    ``(IV) for an item or service 
                                furnished in any year subsequent to the 
                                first sufficient information year for 
                                such item or service with respect to 
                                such plan or coverage, has the meaning 
                                given such term in clause (i)(II), 
                                except that in applying such clause to 
                                such item or service, the reference to 
                                `furnished during 2023 or a subsequent 
                                year' shall be treated as a reference to 
                                furnished during the year after such 
                                first sufficient information year or a 
                                subsequent year.
                          ``(iv) Insurance market.--For purposes of 
                      clause (i)(I), a health insurance market specified 
                      in this clause is one of the following:
                                    ``(I) The large group market (other 
                                than plans described in subclause 
                                (III)).
                                    ``(II) The small group market (other 
                                than plans described in subclause 
                                (III)).
                                    ``(III) In the case of a self-
                                insured group health plan, other self-
                                insured group health plans.
                          ``(v) Definitions.--For purposes of this 
                      subparagraph:
                                    ``(I) First coverage year.--The term 
                                `first coverage year' means, with 
                                respect to a group health plan or group 
                                health insurance coverage offered by a 
                                health insurance issuer and an item or 
                                service for which coverage is not 
                                offered in 2019 under such plan or 
                                coverage, the first year after 2019 for 
                                which coverage for such item or service 
                                is offered under such plan or health 
                                insurance coverage.
                                    ``(II) First sufficient information 
                                year.--The term `first sufficient 
                                information year' means, with respect to 
                                a group health plan or group health 
                                insurance coverage offered by a health 
                                insurance issuer--
                                            ``(aa) in the case of an 
                                        item or service for which the 
                                        plan or coverage does not have 
                                        sufficient information to 
                                        calculate the median

[[Page 134 STAT. 2779]]

                                        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.

[[Page 134 STAT. 2780]]

                          ``(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

[[Page 134 STAT. 2781]]

                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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2782]]

                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) <<NOTE: Deadline. Notice.>>  not later than 30 
                calendar days after the bill for such items or services 
                is transmitted by such provider, shall send to the 
                provider an initial payment or notice of denial of 
                payment;
                    ``(D) shall pay a total plan or coverage payment 
                directly, in accordance, if applicable, with the timing 
                requirement described in subsection (c)(6), to such 
                provider furnishing such items and services to such 
                participant or beneficiary that is, with application of 
                any initial payment under subparagraph (C), equal to the 
                amount by which the out-of-network rate (as defined in 
                subsection (a)(3)(K)) for such items and services 
                exceeds the cost-sharing amount imposed under the plan 
                or coverage, respectively, for such items and services 
                (as determined in accordance with subparagraphs (A) and 
                (B)) and year; and
                    ``(E) shall count toward any in-network deductible 
                and in-network out-of-pocket maximums (as applicable) 
                applied under the plan or coverage, respectively, any 
                cost-sharing payments made by the participant or 
                beneficiary (and such in-network deductible and out-of-
                pocket maximums shall be applied) with respect to such 
                items and services so furnished in the same manner as if 
                such cost-sharing payments were with respect to items 
                and services furnished by a participating provider.
            ``(2) Definitions.--In this section:
                    ``(A) Participating health care facility.--
                          ``(i) In general.--The term `participating 
                      health care facility' means, with respect to an 
                      item or service and a group health plan or health 
                      insurance issuer offering group health insurance 
                      coverage, a health care facility described in 
                      clause (ii) that has a direct or indirect 
                      contractual relationship with the plan or issuer, 
                      respectively, with respect to the furnishing of 
                      such an item or service at the facility.
                          ``(ii) Health care facility described.--A 
                      health care facility described in this clause, 
                      with respect to a group health plan or group 
                      health insurance coverage, is each of the 
                      following:
                                    ``(I) A hospital (as defined in 
                                1861(e) of the Social Security Act).
                                    ``(II) A hospital outpatient 
                                department.
                                    ``(III) A critical access hospital 
                                (as defined in section 1861(mm)(1) of 
                                such Act).
                                    ``(IV) An ambulatory surgical center 
                                described in section 1833(i)(1)(A) of 
                                such Act.

[[Page 134 STAT. 2783]]

                                    ``(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. <<NOTE: 29 USC 1185k.>>  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

[[Page 134 STAT. 2784]]

                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. <<NOTE: 26 USC 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;

[[Page 134 STAT. 2785]]

                    ``(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) <<NOTE: Deadline. Notice.>>  
                                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).

[[Page 134 STAT. 2786]]

            ``(2) Audit process and regulations for qualifying payment 
        amounts.--
                    ``(A) Audit process.--
                          ``(i) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Deadline. Consultation.>>  
                Rulemaking.--Not later than July 1, 2021, the Secretary, 
                in consultation with the Secretary of Labor and the 
                Secretary of Health and Human Services, shall establish 
                through rulemaking--
                          ``(i) the methodology the group health plan 
                      shall use to determine the qualifying payment 
                      amount, differentiating by large group market and 
                      small group market;
                          ``(ii) the information such plan or issuer, 
                      respectively, shall share with the 
                      nonparticipating provider or nonparticipating 
                      facility, as applicable, when making such a 
                      determination;
                          ``(iii) the geographic regions applied for 
                      purposes of this subparagraph, taking into account 
                      access to items and services in rural and 
                      underserved areas, including health professional 
                      shortage areas, as defined in section 332 of the 
                      Public Health Service Act; and
                          ``(iv) <<NOTE: Complaints.>>  a process to 
                      receive complaints of violations of the 
                      requirements described in subclauses (I) and (II) 
                      of subparagraph (A)(i) by group health plans.

[[Page 134 STAT. 2787]]

                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 <<NOTE: Consultation. Updates.>>  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

[[Page 134 STAT. 2788]]

                                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) <<NOTE: Determination.>>  
                                        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) <<NOTE: Determination. Gui
                                        delines.>>  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--

[[Page 134 STAT. 2789]]

                                    ``(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) <<NOTE: Determination.>>  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.-- 
                      <<NOTE: Determination.>> 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

[[Page 134 STAT. 2790]]

                      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) <<NOTE: Determination.>>  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)).

[[Page 134 STAT. 2791]]

                                    ``(III) In the case of a self-
                                insured group health plan, other self-
                                insured group health plans.
                          ``(v) Definitions.--For purposes of this 
                      subparagraph:
                                    ``(I) First coverage year.--The term 
                                `first coverage year' means, with 
                                respect to a group health plan and an 
                                item or service for which coverage is 
                                not offered in 2019 under such plan or 
                                coverage, the first year after 2019 for 
                                which coverage for such item or service 
                                is offered under such plan.
                                    ``(II) First sufficient information 
                                year.--The term `first sufficient 
                                information year' means, with respect to 
                                a group health plan--
                                            ``(aa) in the case of an 
                                        item or service for which the 
                                        plan does not have sufficient 
                                        information to calculate the 
                                        median of the contracted rates 
                                        described in clause (i)(I) in 
                                        2019, the first year subsequent 
                                        to 2022 for which such sponsor 
                                        has such sufficient information 
                                        to calculate the median of such 
                                        contracted rates in the year 
                                        previous to such first 
                                        subsequent year; and
                                            ``(bb) in the case of a 
                                        newly covered item or service, 
                                        the first year subsequent to the 
                                        first coverage year for such 
                                        item or service with respect to 
                                        such plan for which the sponsor 
                                        has sufficient information to 
                                        calculate the median of the 
                                        contracted rates described in 
                                        clause (i)(I) in the year 
                                        previous to such first 
                                        subsequent year.
                                    ``(III) Newly covered item or 
                                service.--The term `newly covered item 
                                or service' means, with respect to a 
                                group health plan, an item or service 
                                for which coverage was not offered in 
                                2019 under such plan or coverage, but is 
                                offered under such plan or coverage in a 
                                year after 2019.
                    ``(F) Nonparticipating emergency facility; 
                participating emergency facility.--
                          ``(i) Nonparticipating emergency facility.--
                      The term `nonparticipating emergency facility' 
                      means, with respect to an item or service and a 
                      group health plan, an emergency department of a 
                      hospital, or an independent freestanding emergency 
                      department, that does not have a contractual 
                      relationship directly or indirectly with the plan 
                      for furnishing such item or service under the 
                      plan.
                          ``(ii) Participating emergency facility.--The 
                      term `participating emergency facility' means, 
                      with respect to an item or service and a group 
                      health plan, an emergency department of a 
                      hospital, or an independent freestanding emergency 
                      department, that has a contractual relationship 
                      directly or indirectly with the plan, with respect 
                      to the furnishing of such an item or service at 
                      such facility.
                    ``(G) Nonparticipating providers; participating 
                providers.--

[[Page 134 STAT. 2792]]

                          ``(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)).

[[Page 134 STAT. 2793]]

                    ``(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) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2794]]

                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) <<NOTE: Deadline. Notice.>>  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

[[Page 134 STAT. 2795]]

                facility, include equipment and devices, telemedicine 
                services, imaging services, laboratory services, 
                preoperative and postoperative services, and such other 
                items and services as the Secretary may specify, 
                regardless of whether or not the provider furnishing 
                such items or services is at the facility.

    ``(c) Certain Access Fees to Certain Databases.--In the case of a 
sponsor of a group health plan that, pursuant to subsection 
(a)(3)(E)(iii), uses a database described in such subsection to 
determine a rate to apply under such subsection for an item or service 
by reason of having insufficient information described in such 
subsection with respect to such item or service, such sponsor shall 
cover the cost for access to such database.''.
            (2) Transfer amendment.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986, as amended by paragraph (1), is 
        further amended by adding at the end the following:
``SEC. 9822. <<NOTE: 26 USC 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

[[Page 134 STAT. 2796]]

                (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 <<NOTE: 26 USC 9811 prec.>>  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 <<NOTE: 26 USC 223.>>  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) <<NOTE: 26 USC 223 note.>>  Effective date.--The 
                amendments made by subparagraph (A) shall apply for plan 
                years beginning on or after January 1, 2022.

    (d) Additional Application Provisions.--

[[Page 134 STAT. 2797]]

            (1) Application to fehb.--Section 8902 of title 5, United 
        States Code, is amended by adding at the end the following new 
        subsection:

    ``(p) <<NOTE: Contracts. Compliance.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: 25 USC 1621u note.>>  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) <<NOTE: Applicability. 5 USC 8902 note.>>  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 
                          RESOLU- 
                          TION PROCESS.

    (a) PHSA.--Section 2799A-1, as added by section 102, <<NOTE: 42 
USC 300gg-111.>>  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) <<NOTE: Time periods.>>  Determination through open 
        negotiation.--
                    ``(A) <<NOTE: Notice.>>  In general.--With respect 
                to an item or service furnished in a year by a 
                nonparticipating provider or a

[[Page 134 STAT. 2798]]

                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. <<NOTE: Notification. Deadline.>>  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) <<NOTE: Deadline. Regulations.>>  
                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'),

[[Page 134 STAT. 2799]]

                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. <<NOTE: Determination.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Time period. Determination.>>  
                      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.

[[Page 134 STAT. 2800]]

            ``(4) Certification and selection of idr entities.--
                    ``(A) <<NOTE: Consultation.>>  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).

[[Page 134 STAT. 2801]]

                    ``(F) <<NOTE: Deadlines.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Notification.>>  
                                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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2802]]

                          ``(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

[[Page 134 STAT. 2803]]

                                and, if applicable, contracted rates 
                                between the provider or facility, as 
                                applicable, and the plan or issuer, as 
                                applicable, during the previous 4 plan 
                                years.
                    ``(D) Prohibition on consideration of certain 
                factors.--In determining which offer is the payment to 
                be applied with respect to qualified IDR items and 
                services furnished by a provider or facility, the 
                certified IDR entity with respect to a determination 
                shall not consider usual and customary charges, the 
                amount that would have been billed by such provider or 
                facility with respect to such items and services had the 
                provisions of section 2799B-1 or 2799B-2 (as applicable) 
                not applied, or the payment or reimbursement rate for 
                such items and services furnished by such provider or 
                facility payable by a public payor, including under the 
                Medicare program under title XVIII of the Social 
                Security Act, under the Medicaid program under title XIX 
                of such Act, under the Children's Health Insurance 
                Program under title XXI of such Act, under the TRICARE 
                program under chapter 55 of title 10, United States 
                Code, or under chapter 17 of title 38, United States 
                Code.
                    ``(E) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2804]]

                      to the 30-day period beginning on the day after 
                      the last day of such 90-day period.
                          ``(iv) <<NOTE: Examination. Recommenda- 
                      tions.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time periods. Public information. Web 
                posting.>>  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);

[[Page 134 STAT. 2805]]

                          ``(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.

[[Page 134 STAT. 2806]]

                    ``(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) <<NOTE: Estimates.>>  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, <<NOTE: 29 USC 1185e.>>  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) <<NOTE: Time periods.>>  Determination through open 
        negotiation.--
                    ``(A) <<NOTE: Notice.>>  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

[[Page 134 STAT. 2807]]

                (including any cost-sharing) for such item or service. 
                For purposes of this subsection, the open negotiation 
                period, with respect to an item or service, is the 30-
                day period beginning on the date of initiation of the 
                negotiations with respect to such item or service.
                    ``(B) Accessing independent dispute resolution 
                process in case of failed negotiations.--In the case of 
                open negotiations pursuant to subparagraph (A), with 
                respect to an item or service, that do not result in a 
                determination of an amount of payment for such item or 
                service by the last day of the open negotiation period 
                described in such subparagraph with respect to such item 
                or service, the provider or facility (as applicable) or 
                group health plan or health insurance issuer offering 
                group health insurance coverage that was party to such 
                negotiations may, during the 4-day period beginning on 
                the day after such open negotiation period, initiate the 
                independent dispute resolution process under paragraph 
                (2) with respect to such item or 
                service. <<NOTE: Notification. Regulations. Deadline.>>  
                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) <<NOTE: Deadline. Regulations.>>  
                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

[[Page 134 STAT. 2808]]

                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) <<NOTE: Criteria.>>  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) <<NOTE: Time period.>>  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;

[[Page 134 STAT. 2809]]

                                    ``(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) <<NOTE: Deadlines.>>  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--

[[Page 134 STAT. 2810]]

                                    ``(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) <<NOTE: Notification.>>  
                                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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2811]]

                          ``(i) In general.--In determining which offer 
                      is the payment to be applied pursuant to this 
                      paragraph, the certified IDR entity, with respect 
                      to the determination for a qualified IDR item or 
                      service shall consider--
                                    ``(I) the qualifying payment amounts 
                                (as defined in subsection (a)(3)(E)) for 
                                the applicable year for items or 
                                services that are comparable to the 
                                qualified IDR item or service and that 
                                are furnished in the same geographic 
                                region (as defined by the Secretary for 
                                purposes of such subsection) as such 
                                qualified IDR item or service; and
                                    ``(II) subject to subparagraph (D), 
                                information on any circumstance 
                                described in clause (ii), such 
                                information as requested in subparagraph 
                                (B)(i)(II), and any additional 
                                information provided in subparagraph 
                                (B)(ii).
                          ``(ii) Additional circumstances.--For purposes 
                      of clause (i)(II), the circumstances described in 
                      this clause are, with respect to a qualified IDR 
                      item or service of a nonparticipating provider, 
                      nonparticipating emergency facility, group health 
                      plan, or health insurance issuer of group health 
                      insurance coverage the following:
                                    ``(I) The level of training, 
                                experience, and quality and outcomes 
                                measurements of the provider or facility 
                                that furnished such item or service 
                                (such as those endorsed by the 
                                consensus-based entity authorized in 
                                section 1890 of the Social Security 
                                Act).
                                    ``(II) The market share held by the 
                                nonparticipating provider or facility or 
                                that of the plan or issuer in the 
                                geographic region in which the item or 
                                service was provided.
                                    ``(III) The acuity of the individual 
                                receiving such item or service or the 
                                complexity of furnishing such item or 
                                service to such individual.
                                    ``(IV) The teaching status, case 
                                mix, and scope of services of the 
                                nonparticipating facility that furnished 
                                such item or service.
                                    ``(V) Demonstrations of good faith 
                                efforts (or lack of good faith efforts) 
                                made by the nonparticipating provider or 
                                nonparticipating facility or the plan or 
                                issuer to enter into network agreements 
                                and, if applicable, contracted rates 
                                between the provider or facility, as 
                                applicable, and the plan or issuer, as 
                                applicable, during the previous 4 plan 
                                years.
                    ``(D) Prohibition on consideration of certain 
                factors.--In determining which offer is the payment to 
                be applied with respect to qualified IDR items and 
                services furnished by a provider or facility, the 
                certified IDR entity with respect to a determination 
                shall not consider usual and customary charges, the 
                amount that would have been billed by such provider or 
                facility with respect to such items and services had the 
                provisions of section 2799B-1 of the Public Health 
                Service Act or 2799B-2 of such Act (as applicable) not 
                applied, or the payment or

[[Page 134 STAT. 2812]]

                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) <<NOTE: Time periods.>>  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) <<NOTE: Examination. Recommenda- 
                      tions.>>  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

[[Page 134 STAT. 2813]]

                      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) <<NOTE: Deadline.>>  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) <<NOTE: Time periods. Public information. Web 
                posting.>>  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

[[Page 134 STAT. 2814]]

                          ``(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

[[Page 134 STAT. 2815]]

                to such determination in an amount described in 
                subparagraph (B) for such year.
                    ``(B) <<NOTE: Estimates.>>  Amount of fee.--The 
                amount described in this subparagraph for a year is an 
                amount established by the Secretary in a manner such 
                that the total amount of fees paid under this paragraph 
                for such year is estimated to be equal to the amount of 
                expenditures estimated to be made by the Secretary for 
                such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any 
        deadline or other timing requirement specified under this 
        subsection (other than the establishment date for the IDR 
        process under paragraph (2)(A) and other than under paragraph 
        (6)) in cases of extenuating circumstances, as specified by the 
        Secretary, or to ensure that all claims that occur during a 90-
        day period described in paragraph (5)(E)(ii), but with respect 
        to which a notification is not permitted by reason of such 
        paragraph to be submitted under paragraph (1)(B) during such 
        period, are eligible for the IDR process.''.

    (c) IRC.--Section 9816 of the Internal Revenue Code of 1986, as 
added by section 102, <<NOTE: 26 USC 9816.>>  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) <<NOTE: Time periods.>>  Determination through open 
        negotiation.--
                    ``(A) <<NOTE: Notice.>>  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

[[Page 134 STAT. 2816]]

                negotiation period, initiate the independent dispute 
                resolution process under paragraph (2) with respect to 
                such item or 
                service. <<NOTE: Regulations. Notification. Deadline.>>  
                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) <<NOTE: Deadline. Regulations.>>  
                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) <<NOTE: Criteria.>>  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

[[Page 134 STAT. 2817]]

                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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2818]]

                    ``(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) <<NOTE: Deadlines.>>  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) <<NOTE: Notification.>>  
                                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.--

[[Page 134 STAT. 2819]]

                    ``(A) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  notify the 
                      provider or facility and the group health plan 
                      party to such determination of the offer selected 
                      under clause (i).
                    ``(B) <<NOTE: Deadline.>>  Submission of offers.--
                Not later than 10 days after the date of selection of 
                the certifed IDR entity with respect to a determination 
                for a qualified IDR item or service, the provider or 
                facility and the group health plan party to such 
                determination--
                          ``(i) shall each submit to the certified IDR 
                      entity with respect to such determination--
                                    ``(I) an offer for a payment amount 
                                for such item or service furnished by 
                                such provider or facility; and
                                    ``(II) such information as requested 
                                by the certified IDR entity relating to 
                                such offer; and
                          ``(ii) may each submit to the certified IDR 
                      entity with respect to such determination any 
                      information relating to such offer submitted by 
                      either party, including information relating to 
                      any circumstance described in subparagraph 
                      (C)(ii).
                    ``(C) Considerations in determination.--
                          ``(i) In general.--In determining which offer 
                      is the payment to be applied pursuant to this 
                      paragraph, the certified IDR entity, with respect 
                      to the determination for a qualified IDR item or 
                      service shall consider--
                                    ``(I) the qualifying payment amounts 
                                (as defined in subsection (a)(3)(E)) for 
                                the applicable year for items or 
                                services that are comparable to the 
                                qualified IDR item or service and that 
                                are furnished in the same geographic 
                                region (as defined by the Secretary for 
                                purposes of such subsection) as such 
                                qualified IDR item or service; and
                                    ``(II) subject to subparagraph (D), 
                                information on any circumstance 
                                described in clause (ii), such 
                                information as requested in subparagraph 
                                (B)(i)(II), and any additional 
                                information provided in subparagraph 
                                (B)(ii).
                          ``(ii) Additional circumstances.--For purposes 
                      of clause (i)(II), the circumstances described in 
                      this clause are, with respect to a qualified IDR 
                      item or service of a nonparticipating provider, 
                      nonparticipating emergency facility, or group 
                      health plan, the following:
                                    ``(I) The level of training, 
                                experience, and quality and outcomes 
                                measurements of the provider or facility 
                                that furnished such item or service 
                                (such as those endorsed by the 
                                consensus-based

[[Page 134 STAT. 2820]]

                                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) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2821]]

                      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) <<NOTE: Examination. Recommenda- 
                      tions.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2822]]

        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) <<NOTE: Public information. Web posting.>>  
                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;

[[Page 134 STAT. 2823]]

                          ``(vi) the identity of the group health plan, 
                      provider, or facility, with respect to the 
                      notification;
                          ``(vii) the length of time in making each 
                      determination;
                          ``(viii) the compensation paid to the 
                      certified IDR entity with respect to the 
                      settlement or determination; and
                          ``(ix) any other information specified by the 
                      Secretary.
                    ``(C) IDR entity requirements.--For 2022 and each 
                subsequent year, an IDR entity, as a condition of 
                certification as an IDR entity, shall submit to the 
                Secretary such information as the Secretary determines 
                necessary to carry out the provisions of this 
                subsection.
                    ``(D) Clarification.--The Secretary shall ensure the 
                public reporting under this paragraph does not contain 
                information that would disclose privileged or 
                confidential information of a group health plan or 
                health insurance issuer offering group or individual 
                health insurance coverage or of a provider or facility.
            ``(8) Administrative fee.--
                    ``(A) In general.--Each party to a determination 
                under paragraph (5) to which an entity is selected under 
                paragraph (3) in a year shall pay to the Secretary, at 
                such time and in such manner as specified by the 
                Secretary, a fee for participating in the IDR process 
                with respect to such determination in an amount 
                described in subparagraph (B) for such year.
                    ``(B) <<NOTE: Estimates.>>  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:

[[Page 134 STAT. 2824]]

               ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

``SEC. 2799B-1. <<NOTE: 42 USC 300gg-131.>>  BALANCE BILLING IN 
                              CASES OF EMERGENCY SERVICES.

    ``(a) <<NOTE: Effective date.>>  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. <<NOTE: 42 USC 300gg-132.>>  BALANCE BILLING IN 
                              CASES OF NON-EMERGENCY SERVICES 
                              PERFORMED BY NONPARTICIPATING 
                              PROVIDERS AT CERTAIN PARTICIPATING 
                              FACILITIES.

    ``(a) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2825]]

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) <<NOTE: Regulations. List. Updates.>>  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) <<NOTE: Time periods. Deadlines. Updates.>>  
                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

[[Page 134 STAT. 2826]]

                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) <<NOTE: Records.>>  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) <<NOTE: Estimate.>>  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.

[[Page 134 STAT. 2827]]

                    ``(C) <<NOTE: List.>>  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) <<NOTE: Consultation.>>  Consent described to be 
        treated by a nonparticipating provider or nonparticipating 
        facility.--For purposes of paragraph (1)(B), the consent 
        described in this paragraph, with respect to a participant, 
        beneficiary, or enrollee of a group health plan or group or 
        individual health insurance coverage offered by a health 
        insurance issuer who is to be furnished items or services by a 
        nonparticipating provider or nonparticipating facility, is a 
        document specified by the Secretary, in consultation with the 
        Secretary of Labor, through guidance that shall be signed by the 
        participant, beneficiary, or enrollee before such items or 
        services are furnished and that --
                    ``(A) acknowledges (in clear and understandable 
                language) that the participant, beneficiary, or enrollee 
                has been--
                          ``(i) provided with the written notice under 
                      paragraph (1)(A);
                          ``(ii) informed that the payment of such 
                      charge by the participant, beneficiary, or 
                      enrollee may not accrue toward meeting any 
                      limitation that the plan or coverage places on 
                      cost-sharing, including an explanation that such 
                      payment may not apply to an in-network deductible 
                      applied under the plan or coverage; and
                          ``(iii) provided the opportunity to receive 
                      the written notice under paragraph (1)(A) in the 
                      form selected by the participant, beneficiary or 
                      enrollee; and
                    ``(B) documents the date on which the participant, 
                beneficiary, or enrollee received the written notice 
                under paragraph (1)(A) and the date on which the 
                individual signed such consent to be furnished such 
                items or services by such provider or facility.
            ``(4) Rule of construction.--The consent described in 
        paragraph (3), with respect to a participant, beneficiary, or 
        enrollee of a group health plan or group or individual health 
        insurance coverage offered by a health insurance issuer, shall 
        constitute only consent to the receipt of the information 
        provided pursuant to this subsection and shall not constitute a 
        contractual agreement of the participant, beneficiary, or 
        enrollee to any estimated charge or amount included in such 
        information.

    ``(e) <<NOTE: Records. Time period.>>  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,

[[Page 134 STAT. 2828]]

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.

[[Page 134 STAT. 2829]]

``SEC. 2799B-3. <<NOTE: 42 USC 300gg-133.>>  PROVIDER REQUIREMENTS 
                              WITH RESPECT TO DISCLOSURE ON 
                              PATIENT PROTECTIONS AGAINST BALANCE 
                              BILLING.

    ``Beginning <<NOTE: Deadline. Public information. Web 
posting. Notice.>>  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. <<NOTE: 42 USC 300gg-134.>>  ENFORCEMENT.

    ``(a) State Enforcement.--
            ``(1) <<NOTE: Requirements.>>  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) <<NOTE: Determination. Applicability.>>  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) <<NOTE: Applicability. Penalties.>>  In general.--If a 
        provider or facility is found by the Secretary to be in 
        violation of a requirement to which

[[Page 134 STAT. 2830]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Regulations. Deadline.>>  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) <<NOTE: Waivers. Deadline. Reimbursement. Determination.>> 
         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. <<NOTE: 29 USC 1152.>>  COORDINATION OF ENFORCEMENT 
                          REGARDING VIOLATIONS OF CERTAIN HEALTH 
                          CARE PROVIDER REQUIREMENTS; COMPLAINT 
                          PROCESS.

    ``(a) <<NOTE: Notice. Determination.>>  Investigating Violations.--
Upon receiving a notice from a State or the Secretary of Health and 
Human Services of violations of sections 2799B-1, 2799B-2, or 2799B-5 of 
the Public Health Service Act, the Secretary of Labor shall identify 
patterns of such violations with respect to participants or 
beneficiaries under a group health plan or group health insurance 
coverage offered by a health insurance issuer and conduct an 
investigation pursuant to section 504 where appropriate, as determined 
by the Secretary. The Secretary shall coordinate with States and the 
Secretary of Health and Human Services, in accordance with section 506 
and with

[[Page 134 STAT. 2831]]

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) <<NOTE: Deadline.>>  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. <<NOTE: 42 USC 300gg-112.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline. Notice.>>  not later than 30 
                calendar days after the bill for such services is 
                transmitted by such provider, send

[[Page 134 STAT. 2832]]

                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) <<NOTE: Time periods. Effective dates.>>  
        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. <<NOTE: Notification.>>  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.

[[Page 134 STAT. 2833]]

            ``(2) Independent dispute resolution process available in 
        case of failed open negotiations.--
                    ``(A) <<NOTE: Deadline. Regulations.>>  
                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. <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2834]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Deadline.>>  Submission of offers.--
                Not later than 10 days after the date of selection of 
                the certified IDR entity with respect to a determination 
                for qualified IDR air ambulance services, the provider 
                and the group health plan or health insurance issuer 
                offering group or individual health insurance coverage 
                party to such determination--
                          ``(i) shall each submit to the certified IDR 
                      entity with respect to such determination--
                                    ``(I) an offer for a payment amount 
                                for such services furnished by such 
                                provider; and
                                    ``(II) such information as requested 
                                by the certified IDR entity relating to 
                                such offer; and
                          ``(ii) may each submit to the certified IDR 
                      entity with respect to such determination any 
                      information relating to such offer submitted by 
                      either party, including information relating to 
                      any circumstance described in subparagraph 
                      (C)(ii).
                    ``(C) Considerations in determination.--
                          ``(i) In general.--In determining which offer 
                      is the payment to be applied pursuant to this 
                      paragraph, the certified IDR entity, with respect 
                      to the determination for a qualified IDR air 
                      ambulance service shall consider--
                                    ``(I) the qualifying payment amounts 
                                (as defined in section 2799A-1(a)(3)(E)) 
                                for the applicable year for items or 
                                services that are comparable to the 
                                qualified IDR air ambulance service and 
                                that are furnished in the same 
                                geographic region (as defined by the 
                                Secretary for purposes of such 
                                subsection) as such qualified IDR air 
                                ambulance service; and
                                    ``(II) subject to clause (iii), 
                                information on any circumstance 
                                described in clause (ii), such 
                                information as requested in subparagraph 
                                (B)(i)(II), and any additional 
                                information provided in subparagraph 
                                (B)(ii).

[[Page 134 STAT. 2835]]

                          ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2836]]

                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) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Web posting.>>  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

[[Page 134 STAT. 2837]]

                      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) <<NOTE: Confidential information.>>  
                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) <<NOTE: Estimates.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 2838]]

            ``(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. <<NOTE: 29 USC 1185f.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline. Notice.>>  not later than 30 
                calendar days after the bill for such services is 
                transmitted by such provider, send to the provider, an 
                initial payment or notice of denial of payment; and
                    ``(B) pay a total plan or coverage payment, in 
                accordance with, if applicable, subsection (b)(6), 
                directly to such provider furnishing such services to 
                such participant, beneficiary, or enrollee that is, with 
                application of any initial payment under subparagraph 
                (A), equal to the amount by which the out-of-network 
                rate (as defined in section 716(a)(3)(K)) for such 
                services and year involved exceeds the cost-sharing 
                amount imposed under the plan or coverage, respectively, 
                for such services (as determined in accordance with 
                paragraphs (1) and (2)).

    ``(b) Determination of Out-of-network Rates to Be Paid by Health 
Plans; Independent Dispute Resolution Process.--
            ``(1) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2839]]

                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. <<NOTE: Notification.>>  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) <<NOTE: Deadline. Regulations.>>  
                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.

[[Page 134 STAT. 2840]]

                    ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  notify the 
                      provider or facility and the group health plan or 
                      health insurance issuer offering group

[[Page 134 STAT. 2841]]

                      health insurance coverage party to such 
                      determination of the offer selected under clause 
                      (i).
                    ``(B) <<NOTE: Deadline.>>  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).

[[Page 134 STAT. 2842]]

                                    ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  Costs of independent 
                dispute resolution process.--The provisions of section 
                716(c)(5)(F) shall apply to a notification made under 
                this subsection, the parties to such notification, and a 
                determination under subparagraph (A) in the same manner 
                and to the same extent such provisions apply to a 
                notification under section 716(c), the parties to such 
                notification and a determination made under section 
                716(c)(5)(A).
            ``(6) <<NOTE: Deadline.>>  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.--

[[Page 134 STAT. 2843]]

                    ``(A) <<NOTE: Time period. Public information. Web 
                posting.>>  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.

[[Page 134 STAT. 2844]]

                    ``(C) <<NOTE: Time periods. Determination.>>  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) <<NOTE: Confidential information.>>  
                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) <<NOTE: Estimates.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 26 USC 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

[[Page 134 STAT. 2845]]

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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline. Notice.>>  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) <<NOTE: Time periods. Effective dates.>>  
        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

[[Page 134 STAT. 2846]]

                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. <<NOTE: Notification.>>  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) <<NOTE: Deadline. Regulations.>>  
                Establishment.--Not later than 1 year after the date of 
                the enactment of this subsection, the Secretary, jointly 
                with the Secretary of Health and Human Services and the 
                Secretary of Labor, shall establish by regulation one 
                independent dispute resolution process (referred to in 
                this subsection as the `IDR process') under which, in 
                the case of air ambulance services with respect to which 
                a provider or group health plan submits a notification 
                under paragraph (1)(B) (in this subsection referred to 
                as a `qualified IDR air ambulance services'), a 
                certified IDR entity under paragraph (4) determines, 
                subject to subparagraph (B) and in accordance with the 
                succeeding provisions of this subsection, the amount of 
                payment under the plan for such services furnished by 
                such provider.
                    ``(B) Authority to continue negotiations.--Under the 
                independent dispute resolution process, in the case that 
                the parties to a determination for qualified IDR air 
                ambulance services agree on a payment amount for such 
                services during such process but before the date on 
                which the entity selected with respect to such 
                determination under paragraph (4) makes such 
                determination under paragraph (5), such amount shall be 
                treated for purposes of section 9816(a)(3)(K)(ii) as the 
                amount agreed to by such parties for such services. In 
                the case of an agreement described in the previous 
                sentence, the independent dispute resolution process 
                shall provide for a method to determine how to allocate 
                between the parties to such determination the payment of 
                the compensation of the entity selected with respect to 
                such determination.
                    ``(C) Clarification.--A nonparticipating provider 
                may not, with respect to an item or service furnished by 
                such provider, submit a notification under paragraph 
                (1)(B) if such provider is exempt from the requirement 
                under subsection (a) of section 2799B-2 of the Public 
                Health Service Act with respect to such item or service 
                pursuant to subsection (b) of such section.
            ``(3) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2847]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Notification.>>  notify the 
                      provider or facility and the group health plan 
                      party to such determination of the offer selected 
                      under clause (i).
                    ``(B) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2848]]

                                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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2849]]

                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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time periods. Public information. Web 
                posting.>>  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;

[[Page 134 STAT. 2850]]

                          ``(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) <<NOTE: Confidential information.>>  
                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) <<NOTE: Estimates.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2851]]

        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) <<NOTE: 26 USC 9811 prec.>>  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) <<NOTE: 26 USC 9817 note.>>  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. <<NOTE: 42 USC 300gg-135. Effective date.>>  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. <<NOTE: 42 USC 300gg-118 note.>>  REPORTING REQUIREMENTS 
                          REGARDING AIR AMBULANCE SERVICES.

    (a) Reporting Requirements for Providers of Air Ambulance 
Services.--
            (1) <<NOTE: Deadlines.>>  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

[[Page 134 STAT. 2852]]

                    (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) <<NOTE: Data. Determination. Consultation.>>  
                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. <<NOTE: 42 USC 300gg-118.>>  AIR AMBULANCE REPORT 
                              REQUIREMENTS.

    ``(a) <<NOTE: Deadlines.>>  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.

[[Page 134 STAT. 2853]]

    ``(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. <<NOTE: 29 USC 11851.>>  AIR AMBULANCE REPORT 
                          REQUIREMENTS.

    ``(a) <<NOTE: Deadlines.>>  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

[[Page 134 STAT. 2854]]

                (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. <<NOTE: 26 USC 9823.>>  AIR AMBULANCE REPORT 
                          REQUIREMENTS.

    ``(a) <<NOTE: Deadlines.>>  In General.--Each group health plan 
shall submit to the Secretary, jointly with the Secretary of Labor and 
the Secretary of Health and Human Services--
            ``(1) not later than the date that is 90 days after the last 
        day of the first calendar year beginning on or after the date on 
        which a final rule is promulgated pursuant to the rulemaking 
        described in section 106(d) of the No Surprises Act, the 
        information described in subsection (b) with respect to such 
        plan year; and
            ``(2) not later than the date that is 90 days after the last 
        day of the calendar year immediately succeeding the plan year 
        described in paragraph (1), such information with respect to 
        such immediately succeeding plan year.

    ``(b) Information Described.--For purposes of subsection (a), 
information described in this subsection, with respect to a group health 
plan is each of the following:
            ``(1) Claims data for air ambulance services furnished by 
        providers of such services, disaggregated by each of the 
        following factors:
                    ``(A) Whether such services were furnished on an 
                emergent or nonemergent basis.
                    ``(B) Whether the provider of such services is part 
                of a hospital-owned or sponsored program, municipality-
                sponsored program, hospital independent partnership 
                (hybrid) program, independent program, or tribally 
                operated program in Alaska.
                    ``(C) Whether the transport in which the services 
                were furnished originated in a rural or urban area.
                    ``(D) The type of aircraft (such as rotor transport 
                or fixed wing transport) used to furnish such services.
                    ``(E) Whether the provider of such services has a 
                contract with the plan or issuer, as applicable, to 
                furnish such services under the plan or coverage, 
                respectively.

[[Page 134 STAT. 2855]]

            ``(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 <<NOTE: 26 USC 9811 prec.>>  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) <<NOTE: Consultation. Public 
        information. Summary. Assessments.>>  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

[[Page 134 STAT. 2856]]

                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) <<NOTE: Deadline. Consultation. Notice. Recommenda- tions.>>  
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) <<NOTE: Waiver authority.>>  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

[[Page 134 STAT. 2857]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>>  Three representatives 
                of the air ambulance industry, to be appointed by the 
                Secretary of Transportation.
                    (E) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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:

[[Page 134 STAT. 2858]]

                    (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) <<NOTE: Consultation. Public information. Recommenda- 
        tions.>>  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). <<NOTE: Updates. Determination.>>  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, <<NOTE: 42 
USC 300gg-111.>>  is further amended by adding at the end the following 
new subsection:

    ``(e) Transparency Regarding In-network and Out-of-network 
Deductibles and Out-of-pocket Limitations.--A group health plan or a 
health insurance issuer offering group or individual health insurance 
coverage and providing or covering any benefit with respect to items or 
services shall include, in clear writing, on any physical or electronic 
plan or insurance identification card issued to the participants, 
beneficiaries, or enrollees in the plan or coverage the following:
            ``(1) Any deductible applicable to such plan or coverage.
            ``(2) Any out-of-pocket maximum limitation applicable to 
        such plan or coverage.
            ``(3) A telephone number and Internet website address 
        through which such individual may seek consumer assistance 
        information, such as information related to hospitals and urgent 
        care facilities that have in effect a contractual relationship 
        with such plan or coverage for furnishing items and services 
        under such plan or coverage''.

    (b) Erisa.--Section 716 of the Employee Retirement Income Security 
Act of 1974, as added by section 102(b) and amended by section 
103, <<NOTE: 29 USC 1185e.>>  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.

[[Page 134 STAT. 2859]]

            ``(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, <<NOTE: 26 USC 
9816.>>  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) <<NOTE: 26 USC 9816 note.>>  Effective Date.--The amendments 
made by this subsection shall apply with respect to plan years beginning 
on or after January 1, 2022.
SEC. 108. <<NOTE: Deadlines. 42 USC 300gg-5 note.>>  IMPLEMENTING 
                          PROTECTIONS AGAINST PROVIDER 
                          DISCRIMINATION.

    Not <<NOTE: Regulations.>>  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)). <<NOTE: Public comment. Time period.>>  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) <<NOTE: Time period. Recommenda- tions.>>  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) <<NOTE: Study.>>  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

[[Page 134 STAT. 2860]]

                    (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) <<NOTE: Consultation.>>  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) <<NOTE: Summary. Examinations.>>  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

[[Page 134 STAT. 2861]]

                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) <<NOTE: Public information. Recommenda- tions.>>  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) <<NOTE: Study.>>  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. <<NOTE: Analysis.>>  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. <<NOTE: 42 USC 300gg-19 note.>>  CONSUMER PROTECTIONS 
                          THROUGH APPLICATION OF HEALTH PLAN 
                          EXTERNAL REVIEW IN CASES OF CERTAIN 
                          SURPRISE MEDICAL BILLS.

    (a) <<NOTE: Requirements. Effective date. Applicability.>>  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), <<NOTE: 42 USC 300gg-111.>>  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.--

[[Page 134 STAT. 2862]]

            ``(1) <<NOTE: Effective 
        date. Deadlines. Notification. Estimates.>>  In general.--For 
        plan years beginning on or after January 1, 2022, each group 
        health plan, or a health insurance issuer offering group or 
        individual health insurance coverage shall, with respect to a 
        notification submitted under section 2799B-6 by a health care 
        provider or health care facility to the plan or issuer for a 
        participant, beneficiary, or enrollee under plan or coverage 
        scheduled to receive an item or service from the provider or 
        facility (or authorized representative of such participant, 
        beneficiary, or enrollee), not later than 1 business day (or, in 
        the case such item or service was so scheduled at least 10 
        business days before such item or service is to be furnished (or 
        in the case of a request made to such plan or coverage by such 
        participant, beneficiary, or enrollee), 3 business days) after 
        the date on which the plan or coverage receives such 
        notification (or such request), provide to the participant, 
        beneficiary, or enrollee (through mail or electronic means, as 
        requested by the participant, beneficiary, or enrollee) a 
        notification (in clear and understandable language) including 
        the following:
                    ``(A) Whether or not the provider or facility is a 
                participating provider or a participating facility with 
                respect to the plan or coverage with respect to the 
                furnishing of such item or service and--
                          ``(i) in the case the provider or facility is 
                      a participating provider or facility with respect 
                      to the plan or coverage with respect to the 
                      furnishing of such item or service, the contracted 
                      rate under such plan or coverage for such item or 
                      service (based on the billing and diagnostic codes 
                      provided by such provider or facility); and
                          ``(ii) in the case the provider or facility is 
                      a nonparticipating provider or facility with 
                      respect to such plan or coverage, a description of 
                      how such individual may obtain information on 
                      providers and facilities that, with respect to 
                      such plan or coverage, are participating providers 
                      and facilities, if any.
                    ``(B) The good faith estimate included in the 
                notification received from the provider or facility (if 
                applicable) based on such codes.
                    ``(C) A good faith estimate of the amount the plan 
                or coverage is responsible for paying for items and 
                services included in the estimate described in 
                subparagraph (B).
                    ``(D) A good faith estimate of the amount of any 
                cost-sharing for which the participant, beneficiary, or 
                enrollee would be responsible for such item or service 
                (as of the date of such notification).
                    ``(E) A good faith estimate of the amount that the 
                participant, beneficiary, or enrollee has incurred 
                toward meeting the limit of the financial responsibility 
                (including with respect to deductibles and out-of-pocket 
                maximums) under the plan or coverage (as of the date of 
                such notification).
                    ``(F) In the case such item or service is subject to 
                a medical management technique (including concurrent 
                review, prior authorization, and step-therapy or fail-
                first

[[Page 134 STAT. 2863]]

                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, <<NOTE: 26 USC 9816.>>  is further amended by 
inserting after subsection (e) the following new subsection:

    ``(f) Advanced Explanation of Benefits.--
            ``(1) <<NOTE: Effective 
        date. Deadlines. Notification. Estimates.>>  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--

[[Page 134 STAT. 2864]]

                          ``(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

[[Page 134 STAT. 2865]]

                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, <<NOTE: 29 USC 1185e.>>  is further 
amended by adding at the end the following new subsection:

    ``(f) Advanced Explanation of Benefits.--
            ``(1) <<NOTE: Effective 
        date. Deadlines. Notification. Estimates.>>  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

[[Page 134 STAT. 2866]]

                to deductibles and out-of-pocket maximums) under the 
                plan or coverage (as of the date of such notification).
                    ``(F) In the case such item or service is subject to 
                a medical management technique (including concurrent 
                review, prior authorization, and step-therapy or fail-
                first protocols) for coverage under the plan or 
                coverage, a disclaimer that coverage for such item or 
                service is subject to such medical management technique.
                    ``(G) A disclaimer that the information provided in 
                the notification is only an estimate based on the items 
                and services reasonably expected, at the time of 
                scheduling (or requesting) the item or service, to be 
                furnished and is subject to change.
                    ``(H) Any other information or disclaimer the plan 
                or coverage determines appropriate that is consistent 
                with information and disclaimers required under this 
                section.
            ``(2) Authority to modify timing requirements in the case of 
        specified items and services.--
                    ``(A) In general.--In the case of a participant or 
                beneficiary scheduled to receive an item or service that 
                is a specified item or service (as defined in 
                subparagraph (B)), the Secretary may modify any timing 
                requirements relating to the provision of the 
                notification described in paragraph (1) to such 
                participant or beneficiary with respect to such item or 
                service. Any modification made by the Secretary pursuant 
                to the previous sentence may not result in the provision 
                of such notification after such participant or 
                beneficiary has been furnished such item or service.
                    ``(B) Specified item or service defined.--For 
                purposes of subparagraph (A), the term `specified item 
                or service' means an item or service that has low 
                utilization or significant variation in costs (such as 
                when furnished as part of a complex treatment), as 
                specified by the Secretary.''.
SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND PATIENT-
                          PROVIDER DISPUTE RESOLUTION.

    Part E of title XXVII of the Public Health Service Act (42 U.S.C. 
300gg et seq.), as added by section 104 and further amended by the 
previous provisions of this title, is further amended by adding at the 
end the following new sections:
``SEC. 2799B-6. <<NOTE: 42 USC 300gg-136.>>  PROVISION OF 
                              INFORMATION UPON REQUEST AND FOR 
                              SCHEDULED APPOINTMENTS.

    ``Each <<NOTE: Effective date. Time periods. Deadlines.>>  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

[[Page 134 STAT. 2867]]

        have a claim for such item or service submitted to such plan or 
        coverage); and
            ``(2) <<NOTE: Notification.>>  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. <<NOTE: 42 USC 300gg-137.>>  PATIENT-PROVIDER 
                              DISPUTE RESOLUTION.

    ``(a) <<NOTE: Deadline.>>  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, <<NOTE: Definition.>>  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

[[Page 134 STAT. 2868]]

                    ``(C) does not otherwise have a conflict of interest 
                with such a party (as determined by the Secretary); and
            ``(2) <<NOTE: Notification.>>  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. <<NOTE: 42 USC 300gg-113.>>  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) <<NOTE: Notifications.>>  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

[[Page 134 STAT. 2869]]

                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) <<NOTE: Time period. Effective dates.>>  
                permit the patient to elect to continue to have benefits 
                provided under such plan or such coverage, under the 
                same terms and conditions as would have applied and with 
                respect to such items and services as would have been 
                covered under such plan or coverage had such termination 
                not occurred, with respect to the course of treatment 
                furnished by such provider or facility relating to such 
                individual's status as a continuing care patient during 
                the period beginning on the date on which the notice 
                under subparagraph (A) is provided and ending on the 
                earlier of--
                          ``(i) the 90-day period beginning on such 
                      date; or
                          ``(ii) the date on which such individual is no 
                      longer a continuing care patient with respect to 
                      such provider or facility.

    ``(b) Definitions.--In this section:
            ``(1) Continuing care patient.--The term `continuing care 
        patient' means an individual who, with respect to a provider or 
        facility--
                    ``(A) is undergoing a course of treatment for a 
                serious and complex condition from the provider or 
                facility;
                    ``(B) is undergoing a course of institutional or 
                inpatient care from the provider or facility;
                    ``(C) is scheduled to undergo nonelective surgery 
                from the provider, including receipt of postoperative 
                care from such provider or facility with respect to such 
                a surgery;
                    ``(D) is pregnant and undergoing a course of 
                treatment for the pregnancy from the provider or 
                facility; or
                    ``(E) is or was determined to be terminally ill (as 
                determined under section 1861(dd)(3)(A) of the Social 
                Security Act) and is receiving treatment for such 
                illness from such provider or facility.
            ``(2) Serious and complex condition.--The term `serious and 
        complex condition' means, with respect to a participant, 
        beneficiary, or enrollee under a group health plan or group or 
        individual health insurance coverage--
                    ``(A) in the case of an acute illness, a condition 
                that is serious enough to require specialized medical 
                treatment to avoid the reasonable possibility of death 
                or permanent harm; or
                    ``(B) in the case of a chronic illness or condition, 
                a condition that is--
                          ``(i) is life-threatening, degenerative, 
                      potentially disabling, or congenital; and
                          ``(ii) requires specialized medical care over 
                      a prolonged period of time.
            ``(3) Terminated.--The term `terminated' includes, with 
        respect to a contract, the expiration or nonrenewal of the 
        contract, but does not include a termination of the contract for 
        failure to meet applicable quality standards or for fraud.''.

    (b) Internal Revenue Code.--

[[Page 134 STAT. 2870]]

            (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. <<NOTE: 26 USC 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) <<NOTE: Notifications.>>  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) <<NOTE: Time period. Effective dates.>>  
                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:

[[Page 134 STAT. 2871]]

            ``(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, <<NOTE: 26 USC 
        9811 prec.>>  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. <<NOTE: 29 USC 1185g.>>  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

[[Page 134 STAT. 2872]]

        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) <<NOTE: Notifications.>>  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) <<NOTE: Time period. Effective dates.>>  
                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;

[[Page 134 STAT. 2873]]

                    ``(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. <<NOTE: 42 USC 300gg-138.>>  CONTINUITY OF CARE.

    ``A health care provider or health care facility shall, in the case 
of an individual furnished items and services by such provider or 
facility for which coverage is provided under a group health plan or 
group or individual health insurance coverage pursuant to section 2799A-
3, section 9818 of the Internal Revenue Code of 1986, or section 718 of 
the Employee Retirement Income Security Act of 1974--
            ``(1) accept payment from such plan or such issuer (as 
        applicable) (and cost-sharing from such individual, if 
        applicable, in accordance with subsection (a)(2)(C) of such 
        section 2799A-3, 9818, or 718) for such items and services as 
        payment in full for such items and services; and
            ``(2) continue to adhere to all policies, procedures, and 
        quality standards imposed by such plan or issuer with respect to 
        such individual and such items and services in the same manner 
        as if such termination had not occurred.''.

    (e) <<NOTE: 26 USC 9818 note.>>  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.

[[Page 134 STAT. 2874]]

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. <<NOTE: 42 USC 300gg-114. Web posting.>>  
                              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. <<NOTE: 26 USC 9819.>>  MAINTENANCE OF PRICE 
                          COMPARISON TOOL.

    ``A <<NOTE: Web posting.>>  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, <<NOTE: 26 USC 
        9811 prec.>>  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. <<NOTE: 29 USC 1185h.>>  MAINTENANCE OF PRICE 
                          COMPARISON TOOL.

    ``A <<NOTE: Web posting.>>  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

[[Page 134 STAT. 2875]]

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) <<NOTE: 26 USC 9819 note.>>  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. <<NOTE: Grants. 42 USC 247d-11.>>  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

[[Page 134 STAT. 2876]]

                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

[[Page 134 STAT. 2877]]

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. <<NOTE: 29 USC 1191d.>>  STANDARDIZED REPORTING 
                          FORMAT.

    ``(a) <<NOTE: Deadline. Updates.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Coordination.>>  Appointment.--In 
                accordance with subparagraph (B), not later than 90 days 
                after the date of enactment this section, the Secretary, 
                in coordination with the Secretary of Health and Human 
                Services, shall appoint under subparagraph (B)(iii), and 
                the Comptroller General of the United States shall 
                appoint under subparagraph (B)(iv), members who have 
                distinguished themselves in the fields of health 
                services research, health economics, health informatics, 
                data privacy and security, or the governance of State 
                All Payer Claims Databases, or who represent 
                organizations likely to submit data to or use the 
                database, including patients, employers, or employee 
                organizations that sponsor group health plans, health 
                care providers, health insurance issuers, or third-party 
                administrators of group health plans. <<NOTE: Time 
                period.>>  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;

[[Page 134 STAT. 2878]]

                                    ``(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. <<NOTE: Recommenda- tions.>>  Such report shall 
        include recommendations on the establishment of the format and 
        guidance described in subsection (a).

    ``(c) <<NOTE: Definition.>>  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. <<NOTE: 42 USC 300gg-115.>>  PROTECTING PATIENTS 
                              AND IMPROVING THE ACCURACY OF 
                              PROVIDER DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
            ``(1) <<NOTE: Effective date.>>  In general.--For plan years 
        beginning on or after January 1, 2022, each group health plan 
        and health insurance

[[Page 134 STAT. 2879]]

        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) <<NOTE: Updates.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: List.>>  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.

[[Page 134 STAT. 2880]]

            ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2881]]

                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) <<NOTE: Effective date. Public information. Web 
posting. Applicability.>>  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) <<NOTE: Requirements.>>  information in plain language 
        on--
                    ``(A) the requirements and prohibitions applied 
                under sections 2799B-1 and 2799B-2 (relating to 
                prohibitions on balance billing in certain 
                circumstances);
                    ``(B) if provided for under applicable State law, 
                any other requirements on providers and facilities 
                regarding the amounts such providers and facilities may, 
                with respect to an item or service, charge a 
                participant, beneficiary, or enrollee of such plan or 
                coverage with respect to which such a provider or 
                facility does not have a contractual relationship for 
                furnishing such item or service under the plan or 
                coverage after receiving payment from the plan or 
                coverage for such item or service and any applicable 
                cost sharing payment from such participant, beneficiary, 
                or enrollee; and
                    ``(C) the requirements applied under section 2799A-
                1; and
            ``(2) information on contacting appropriate State and 
        Federal agencies in the case that an individual believes that 
        such a provider or facility has violated any requirement 
        described in paragraph (1) with respect to such individual.''.

    (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the 
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et 
seq.), as amended by sections 102, 105, 113, and 114, is further amended 
by inserting after section 719 the following:
``SEC. 720. <<NOTE: 29 USC 1185i.>>  PROTECTING PATIENTS AND 
                          IMPROVING THE ACCURACY OF PROVIDER 
                          DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
            ``(1) <<NOTE: Effective date.>>  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);

[[Page 134 STAT. 2882]]

                    ``(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) <<NOTE: Updates.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: List.>>  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

[[Page 134 STAT. 2883]]

        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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 2884]]

                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) <<NOTE: Effective date. Public information. Web 
posting. Applicability.>>  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) <<NOTE: Requirements.>>  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. <<NOTE: 26 USC 9820.>>  PROTECTING PATIENTS AND 
                          IMPROVING THE ACCURACY OF PROVIDER 
                          DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
            ``(1) <<NOTE: Effective date.>>  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) <<NOTE: Updates.>>  Verification process.--The 
        verification process described in this paragraph is, with 
        respect to a group health plan, a process--
                    ``(A) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2885]]

                paragraph (4) of such plan or issuer of each health care 
                provider and health care facility included in such 
                database;
                    ``(B) <<NOTE: Procedures.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: List.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2886]]

        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) <<NOTE: Applicability.>>  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) <<NOTE: Effective date. Public information. Web 
posting. Applicability.>>  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) <<NOTE: Requirements.>>  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

[[Page 134 STAT. 2887]]

                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, <<NOTE: 26 USC 9811 prec.>>  
        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. <<NOTE: 42 USC 300gg-139.>>  PROVIDER REQUIREMENTS 
                              TO PROTECT PATIENTS AND IMPROVE THE 
                              ACCURACY OF PROVIDER DIRECTORY 
                              INFORMATION.

    ``(a) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2888]]

            ``(4) at any other time (including upon the request of such 
        issuer or plan) determined appropriate by the provider, 
        facility, or the Secretary.

    ``(b) <<NOTE: Reimbursement. Determination.>>  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) <<NOTE: Deadline. Establishment. Review. Disclosure.>>  In 
General.--Not later than 90 days after the date of enactment of this 
Act, the Secretary of Labor, Secretary of Health and Human Services, and 
the Secretary of the Treasury (the Secretaries) shall jointly establish 
an advisory committee for the purpose of reviewing options to improve 
the disclosure of charges and fees for ground ambulance services, better 
inform consumers of insurance options for such services, and protect 
consumers from balance billing.

    (b) Composition of the Advisory Committee.--The advisory committee 
shall be composed of the following members:
            (1) The Secretary of Labor, or the Secretary's designee.
            (2) The Secretary of Health and Human Services, or the 
        Secretary's designee.
            (3) The Secretary of the Treasury, or the Secretary's 
        designee.

[[Page 134 STAT. 2889]]

            (4) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>>  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.

[[Page 134 STAT. 2890]]

    (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) <<NOTE: Regulations.>>  Preparing, drafting, and issuing 
        proposed and final regulations or interim regulations.
            (2) <<NOTE: Public information.>>  Preparing, drafting, and 
        issuing guidance and public information.
            (3) Preparing and holding public meetings.
            (4) <<NOTE: Reports.>>  Preparing, drafting, and publishing 
        reports.
            (5) Enforcement of such provisions.
            (6) <<NOTE: Analysis. Data.>>  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) <<NOTE: Audits.>>  Conducting audits.
            (9) Other administrative duties necessary for implementation 
        of such provisions.

    (c) <<NOTE: Reports.>>  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. <<NOTE: 42 USC 300gg-119.>>  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

[[Page 134 STAT. 2891]]

                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) <<NOTE: Time period. Compliance.>>  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

[[Page 134 STAT. 2892]]

        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. <<NOTE: 29 USC 1185m.>>  INCREASING TRANSPARENCY BY 
                          REMOVING GAG CLAUSES ON PRICE AND 
                          QUALITY INFORMATION.

    ``(a) Increasing Price and Quality Transparency for Plan Sponsors 
and Consumers.--
            ``(1) In general.--A group health plan (or an issuer of 
        health insurance coverage offered in connection with such a 
        plan) may not enter into an agreement with a health care 
        provider, network or association of providers, third-party 
        administrator, or other service provider offering access to a 
        network of providers that would directly or indirectly restrict 
        a group health plan or health insurance issuer offering such 
        coverage from--
                    ``(A) providing provider-specific cost or quality of 
                care information or data, through a consumer engagement 
                tool or any other means, to referring providers, the 
                plan sponsor, participants or beneficiaries, or 
                individuals eligible to become participants or 
                beneficiaries of the plan or coverage;
                    ``(B) electronically accessing de-identified claims 
                and encounter information or data for each participant 
                or beneficiary in the plan or coverage, upon request and 
                consistent with the privacy regulations promulgated 
                pursuant to section 264(c) of the Health Insurance 
                Portability and Accountability Act of 1996, the 
                amendments made by the Genetic Information 
                Nondiscrimination Act of 2008, and the Americans with 
                Disabilities Act of 1990, including, on a per claim 
                basis--
                          ``(i) financial information, such as the 
                      allowed amount, or any other claim-related 
                      financial obligations included in the provider 
                      contract;
                          ``(ii) provider information, including name 
                      and clinical designation;
                          ``(iii) service codes; or
                          ``(iv) any other data element included in 
                      claim or encounter transactions; or
                    ``(C) sharing information or data described in 
                subparagraph (A) or (B), or directing that such data be 
                shared, with a business associate as defined in section 
                160.103 of title 45, Code of Federal Regulations (or 
                successor regulations), consistent with the privacy 
                regulations promulgated pursuant to section 264(c) of 
                the Health Insurance Portability and Accountability Act 
                of 1996, the amendments made by the Genetic Information 
                Nondiscrimination Act of 2008, and the Americans with 
                Disabilities Act of 1990.
            ``(2) Clarification regarding public disclosure of 
        information.--Nothing in paragraph (1)(A) prevents a health care 
        provider, network or association of providers, or other service 
        provider from placing reasonable restrictions on the

[[Page 134 STAT. 2893]]

        public disclosure of the information described in such paragraph 
        (1).
            ``(3) <<NOTE: Time period. Compliance.>>  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. <<NOTE: 26 USC 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

[[Page 134 STAT. 2894]]

                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) <<NOTE: Time period. Compliance.>>  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, <<NOTE: 26 USC 9811 prec.>>  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-
                          SPON- 
                          SORED 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) <<NOTE: Definitions.>>  For purposes of this 
        subparagraph:

[[Page 134 STAT. 2895]]

                    ``(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.

[[Page 134 STAT. 2896]]

                    ``(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) <<NOTE: Disclosure.>>  For purposes of this 
        subparagraph, a description of compensation or cost may be 
        expressed as a monetary amount, formula, or a per capita charge 
        for each enrollee or, if the compensation or cost cannot 
        reasonably be expressed in such terms, by any other reasonable 
        method, including a disclosure that additional compensation may 
        be earned but may not be calculated at the time of contract if 
        such a disclosure includes a description of the circumstances 
        under which the additional compensation may be earned and a 
        reasonable and good faith estimate if the covered service 
        provider cannot otherwise readily describe compensation or cost 
        and explains the methodology and assumptions used to prepare 
        such estimate. Any such description shall contain sufficient 
        information to permit evaluation of the reasonableness of the 
        compensation or cost.
            ``(III) No person or entity is a `covered service provider' 
        within the meaning of subclause (I)(bb) solely on the basis of 
        providing services as an affiliate or a subcontractor that is 
        performing one or more of the services described in subitem (AA) 
        or (BB) of such subclause under the contract or arrangement with 
        the covered plan.
            ``(iii) <<NOTE: Disclosure.>>  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).

[[Page 134 STAT. 2897]]

                    ``(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) <<NOTE: Disclosure.>>  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) <<NOTE: Disclosure.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2898]]

            ``(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) <<NOTE: Disclosure.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Notification.>>  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;

[[Page 134 STAT. 2899]]

                    ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  90 days after the 
                written request referred to in subclause (I)(cc) is 
                made.
            ``(IV) <<NOTE: Deadline. Determination. Contracts.>>  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) <<NOTE: 29 USC 1108 note.>>  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. <<NOTE: 42 USC 300gg-46.>>  DISCLOSURE TO ENROLLEES 
                          OF INDIVIDUAL MARKET COVERAGE.

    ``(a) <<NOTE: Reports.>>  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

[[Page 134 STAT. 2900]]

            ``(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) <<NOTE: Deadline.>>  Rulemaking.--Not later than 1 year after 
the date of enactment of the Consolidated Appropriations Act, 2021, the 
Secretary shall finalize, through notice-and-comment rulemaking, the 
timing, form, and manner in which issuers described in subsection (a) 
are required to make the disclosures described in subsection (b) and the 
reports described in subsection (c). Such rulemaking may also include 
adjustments to notice requirements to reflect the different processes 
for plan renewals, in order to provide enrollees with full, timely 
information.''.

    (d) <<NOTE: 29 USC 1108 note.>>  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) <<NOTE: Effective date. 29 USC 1108 note.>>  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) <<NOTE: Analyses. Effective date.>>  
                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.

[[Page 134 STAT. 2901]]

                          ``(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) <<NOTE: Standards.>>  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) <<NOTE: Determinations. Deadlines.>> 
                                 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

[[Page 134 STAT. 2902]]

                                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) <<NOTE: Notification.>>  
                                        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) <<NOTE: Public information.>>  
                      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) <<NOTE: Summary.>>  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) <<NOTE: Analyses.>>  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

[[Page 134 STAT. 2903]]

                                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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2904]]

                the 2016 publication of the Department of Health and 
                Human Services and the Department of Labor, entitled 
                `Warning Signs - Plan or Policy Non-Quantitative 
                Treatment Limitations (NQTLs) that Require Additional 
                Analysis to Determine Mental Health Parity Compliance'.
                    ``(B) Examples illustrating compliance and 
                noncompliance.--
                          ``(i) In general.--The compliance program 
                      guidance document required under this paragraph 
                      shall provide illustrative, de-identified examples 
                      (that do not disclose any protected health 
                      information or individually identifiable 
                      information) of previous findings of compliance 
                      and noncompliance with this section, section 2726 
                      of the Public Health Service Act, or section 9812 
                      of the Internal Revenue Code of 1986, as 
                      applicable, based on investigations of violations 
                      of such sections, including--
                                    ``(I) examples illustrating 
                                requirements for information disclosures 
                                and nonquantitative treatment 
                                limitations; and
                                    ``(II) descriptions of the 
                                violations uncovered during the course 
                                of such investigations.
                          ``(ii) Nonquantitative treatment 
                      limitations.--To the extent that any example 
                      described in clause (i) involves a finding of 
                      compliance or noncompliance with regard to any 
                      requirement for nonquantitative treatment 
                      limitations, the example shall provide sufficient 
                      detail to fully explain such finding, including a 
                      full description of the criteria involved for 
                      approving medical and surgical benefits and the 
                      criteria involved for approving mental health and 
                      substance use disorder benefits.
                          ``(iii) <<NOTE: Contracts.>>  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

[[Page 134 STAT. 2905]]

                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) <<NOTE: Consultation. Time period.>>  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) <<NOTE: Compliance.>>  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

[[Page 134 STAT. 2906]]

                      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

[[Page 134 STAT. 2907]]

                      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) <<NOTE: Time period.>>  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) <<NOTE: Analyses. Effective date.>>  
                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.

[[Page 134 STAT. 2908]]

                          ``(iii) <<NOTE: Standards.>>  The evidentiary 
                      standards used for the factors identified in 
                      clause (ii), when applicable, provided that every 
                      factor shall be defined, and any other source or 
                      evidence relied upon to design and apply the NQTLs 
                      to mental health or substance use disorder 
                      benefits and medical or surgical benefits.
                          ``(iv) The comparative analyses demonstrating 
                      that the processes, strategies, evidentiary 
                      standards, and other factors used to apply the 
                      NQTLs to mental health or substance use disorder 
                      benefits, as written and in operation, are 
                      comparable to, and are applied no more stringently 
                      than, the processes, strategies, evidentiary 
                      standards, and other factors used to apply the 
                      NQTLs to medical or surgical benefits in the 
                      benefits classification.
                          ``(v) The specific findings and conclusions 
                      reached by the group health plan or health 
                      insurance issuer with respect to the health 
                      insurance coverage, including any results of the 
                      analyses described in this subparagraph that 
                      indicate that the plan or coverage is or is not in 
                      compliance with this section.
                    ``(B) Secretary request process.--
                          ``(i) Submission upon request.--The Secretary 
                      shall request that a group health plan or a health 
                      insurance issuer offering group health insurance 
                      coverage submit the comparative analyses described 
                      in subparagraph (A) for plans that involve 
                      potential violations of this section or complaints 
                      regarding noncompliance with this section that 
                      concern NQTLs and any other instances in which the 
                      Secretary determines appropriate. The Secretary 
                      shall request not fewer than 20 such analyses per 
                      year.
                          ``(ii) Additional information.--In instances 
                      in which the Secretary has concluded that the 
                      group health plan or health insurance issuer with 
                      respect to group health insurance coverage has not 
                      submitted sufficient information for the Secretary 
                      to review the comparative analyses described in 
                      subparagraph (A), as requested under clause (i), 
                      the Secretary shall specify to the plan or issuer 
                      the information the plan or issuer must submit to 
                      be responsive to the request under clause (i) for 
                      the Secretary to review the comparative analyses 
                      described in subparagraph (A) for compliance with 
                      this section. Nothing in this paragraph shall 
                      require the Secretary to conclude that a group 
                      health plan or health insurance issuer is in 
                      compliance with this section solely based upon the 
                      inspection of the comparative analyses described 
                      in subparagraph (A), as requested under clause 
                      (i).
                          ``(iii) Required action.--
                                    
                                ``(I) <<NOTE: Determinations. Deadlines.>> 
                                 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--

[[Page 134 STAT. 2909]]

                                            ``(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) <<NOTE: Notification.>>  
                                        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) <<NOTE: Public information.>>  
                      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) <<NOTE: Summary.>>  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

[[Page 134 STAT. 2910]]

                                    ``(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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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 <<NOTE: 26 USC 9812.>>  is amended by adding at the end the 
        following:
            ``(6) Compliance program guidance document.--
                    ``(A) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 2911]]

                `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) <<NOTE: Contracts.>>  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

[[Page 134 STAT. 2912]]

                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) <<NOTE: Consultation. Time period.>>  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) <<NOTE: Compliance.>>  Disclosure.--
                          ``(i) Guidance for plans.--The guidance issued 
                      under this paragraph shall include clarifying 
                      information and illustrative examples of methods 
                      that group health plans may use for disclosing 
                      information to ensure compliance with the 
                      requirements under this section, section 2726 of 
                      the Public Health Service Act, or section 712 of 
                      the Employee Retirement Income Security Act of 
                      1974, as applicable, (and any regulations 
                      promulgated pursuant to such sections, as 
                      applicable).
                          ``(ii) Documents for participants, 
                      beneficiaries, contracting providers, or 
                      authorized representatives.--The guidance issued 
                      under this paragraph shall include clarifying 
                      information and illustrative examples of methods 
                      that group health plans may use to provide any 
                      participant, beneficiary, contracting provider, or 
                      authorized representative, as applicable, with 
                      documents containing information that the health 
                      plans are required to disclose to participants, 
                      beneficiaries, contracting providers, or 
                      authorized representatives to ensure compliance 
                      with this section, section 2726 of the Public 
                      Health Service Act, or section 712 of the Employee 
                      Retirement Income Security Act of 1974, as 
                      applicable, compliance with any regulation

[[Page 134 STAT. 2913]]

                      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;

[[Page 134 STAT. 2914]]

                          ``(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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Analyses. Effective date.>>  
                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) <<NOTE: Standards.>>  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

[[Page 134 STAT. 2915]]

                      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) <<NOTE: Disclosure.>>  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) <<NOTE: Determinations. Deadlines.>> 
                                 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) <<NOTE: Notification.>>  
                                        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

[[Page 134 STAT. 2916]]

                                        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) <<NOTE: Public information.>>  
                      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) <<NOTE: Summary.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2917]]

                      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 <<NOTE: Applicability.>>  
                      the previous sentence with respect to requirements 
                      under paragraph (8) of section 2726(a) of the 
                      Public Health Service Act, a State child health

[[Page 134 STAT. 2918]]

                      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) <<NOTE: 26 USC 9812 note.>>  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. <<NOTE: 42 USC 300gg-120.>>  REPORTING ON 
                              PHARMACY BENEFITS AND DRUG COSTS.

    ``(a) <<NOTE: Deadlines.>>  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

[[Page 134 STAT. 2919]]

        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) <<NOTE: Coordination. Web posting.>>  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. <<NOTE: 29 USC 1185n.>>  REPORTING ON PHARMACY 
                          BENEFITS AND DRUG COSTS.

    ``(a) <<NOTE: Deadlines.>>  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.

[[Page 134 STAT. 2920]]

            ``(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) <<NOTE: Coordination. Web posting.>>  Report.--Not later than 
18 months after the date on which the first report is required under 
subsection (a) and biannually thereafter, the Secretary, acting in 
coordination with the Inspector General of the Department of Labor, 
shall make available on the internet website of the Department of Labor 
a report on prescription drug reimbursements under group health plans 
(or health insurance coverage offered in connection with such a plan), 
prescription drug pricing trends, and the role of prescription drug 
costs in contributing to premium increases or decreases under such plans 
or coverage, aggregated in such a way as no drug or plan specific 
information will be made public.

    ``(c) Privacy Protections.--No confidential or trade secret 
information submitted to the Secretary under subsection (a) shall be 
included in the report under subsection (b).''.
    (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code 
of 1986, as amended by section 201, is further amended by adding at the 
end the following:
``SEC. 9825. <<NOTE: 26 USC 9825.>>  REPORTING ON PHARMACY 
                          BENEFITS AND DRUG COSTS.

    ``(a) <<NOTE: Deadlines.>>  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.

[[Page 134 STAT. 2921]]

            ``(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) <<NOTE: Coordination. Web posting.>>  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.--

[[Page 134 STAT. 2922]]

            (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, <<NOTE: 26 USC 9811 prec.>>  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,

[[Page 134 STAT. 2923]]

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) <<NOTE: Repeal.>>  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. <<NOTE: 42 USC 245.>>  PUBLIC AWARENESS CAMPAIGN ON 
                          THE IMPORTANCE OF VACCINATIONS.

    ``(a) <<NOTE: Coordination. Grants. Contracts.>>  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) <<NOTE: Assessment.>>  assess the effectiveness of 
        communication strategies to increase rates of vaccination.

    ``(d) Additional Activities.--The campaign under this section may--

[[Page 134 STAT. 2924]]

            ``(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) <<NOTE: Assessments.>>  conduct qualitative 
        assessments regarding the awareness campaign under this section; 
        and
            ``(3) prepare and submit to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and Committee on 
        Energy and Commerce of the House of Representatives an 
        evaluation of the awareness campaign under this section.

    ``(f) Supplement Not Supplant.--Funds appropriated under this 
section shall be used to supplement and not supplant other Federal, 
State, and local public funds provided for activities described in this 
section.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section and subsections (k) and (n) of 
section 317, $15,000,000 for each of fiscal years 2021 through 2025.''.
    (b) Grants to Address Vaccine-preventable Diseases.--Section 317 of 
the Public Health Service Act (42 U.S.C. 247b) is amended--
            (1) in subsection (k)(1)--
                    (A) in subparagraph (C), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D), by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(E) planning, implementation, and evaluation of activities 
        to address vaccine-preventable diseases, including activities 
        to--
                    ``(i) identify communities at high risk of outbreaks 
                related to vaccine-preventable diseases, including 
                through improved data collection and analysis;
                    ``(ii) pilot innovative approaches to improve 
                vaccination rates in communities and among populations 
                with low rates of vaccination;

[[Page 134 STAT. 2925]]

                    ``(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) <<NOTE: Analysis. Assessments.>>  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. <<NOTE: 42 USC 280h-3 note.>>  GUIDE ON EVIDENCE-BASED 
                          STRATEGIES FOR PUBLIC HEALTH DEPARTMENT 
                          OBESITY PREVENTION PRO- 
                          GRAMS.

    (a) <<NOTE: Deadline.>>  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--

[[Page 134 STAT. 2926]]

            (1) <<NOTE: Consultation. Native Americans.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Definitions.>>  Indian Tribes; Tribal Organizations; 
Urban Indian Organizations.--In this section--

[[Page 134 STAT. 2927]]

            (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. <<NOTE: 42 USC 254c-20.>>  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) <<NOTE: Grants. Evaluation.>>  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

[[Page 134 STAT. 2928]]

shortage areas, or medically underserved areas and for medically 
underserved populations or Native Americans.

    ``(c) Use of Funds.--
            ``(1) In general.--Grants awarded under subsection (b) shall 
        be used for--
                    ``(A) the development and acquisition of 
                instructional programming, and the training of health 
                care providers and other professionals that provide or 
                assist in the provision of services through models 
                described in subsection (b), such as training on best 
                practices for data collection and leading or 
                participating in such technology-enabled activities 
                consistent with technology-enabled collaborative 
                learning and capacity-building models;
                    ``(B) information collection and evaluation 
                activities to study the impact of such models on patient 
                outcomes and health care providers, and to identify best 
                practices for the expansion and use of such models; or
                    ``(C) other activities consistent with achieving the 
                objectives of the grants awarded under this section, as 
                determined by the Secretary.
            ``(2) Other uses.--In addition to any of the uses under 
        paragraph (1), grants awarded under subsection (b) may be used 
        for--
                    ``(A) equipment to support the use and expansion of 
                technology-enabled collaborative learning and capacity 
                building models, including for hardware and software 
                that enables distance learning, health care provider 
                support, and the secure exchange of electronic health 
                information; or
                    ``(B) support for health care providers and other 
                professionals that provide or assist in the provision of 
                services through such models.

    ``(d) Length of Grants.--Grants awarded under subsection (b) shall 
be for a period of up to 5 years.
    ``(e) Grant Requirements.--The Secretary may require entities 
awarded a grant under this section to collect information on the effect 
of the use of technology-enabled collaborative learning and capacity 
building models, such as on health outcomes, access to health care 
services, quality of care, and provider retention in areas and 
populations described in subsection 
(b). <<NOTE: Contracts. Coordination. Assessment.>>  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. <<NOTE: Assessment.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Contracts.>>  Technical Assistance.--The Secretary 
shall provide (either directly through the Department of Health and 
Human

[[Page 134 STAT. 2929]]

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) <<NOTE: Consultation. Strategic plan.>>  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) <<NOTE: Web posting.>>  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. <<NOTE: 42 USC 300hh-33.>>  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) <<NOTE: Grants. Contracts.>>  award grants or 
                cooperative agreements to State, local, Tribal, or 
                territorial public health departments for

[[Page 134 STAT. 2930]]

                the expansion and modernization of public health data 
                systems, to assist public health departments and public 
                health laboratories in--
                          ``(i) <<NOTE: Assessments.>>  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) <<NOTE: Consultation.>>  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.--

[[Page 134 STAT. 2931]]

            ``(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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2932]]

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) <<NOTE: Assessment.>>  an assessment of the potential 
        public health impact of implementing electronic case reporting 
        and interoperable public health data systems; and
            ``(3) a description of the activities carried out pursuant 
        to this section.

    ``(f) <<NOTE: Definition.>>  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--

[[Page 134 STAT. 2933]]

            (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. <<NOTE: 21 USC 353d.>>  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.

[[Page 134 STAT. 2934]]

            ``(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) <<NOTE: Contracts. Review.>>  Enter into cooperative 
        agreements or contracts with public or private entities to 
        review the available scientific evidence concerning such drugs.
            ``(2) <<NOTE: Public comments.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination. Notice.>>  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) <<NOTE: Summary.>>  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.

[[Page 134 STAT. 2935]]

    ``(e) <<NOTE: Deadline.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Updates.>>  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

[[Page 134 STAT. 2936]]

        of new safety information. Upon <<NOTE: Determinations.>>  
        identification of a drug as a covered drug under subsection (b), 
        the Secretary may then consider the availability of new safety 
        information (as defined in section 505-1(b)) in determining 
        whether the drug is a selected drug and in determining what 
        labeling changes are appropriate.

    ``(i) Rules of Construction.--
            ``(1) Approval standards.--This section shall not be 
        construed as altering the applicability of the standards for 
        approval of an application under section 505. No order shall be 
        issued under this subsection unless the scientific evidence 
        supporting the changed labeling meets the standards for approval 
        applicable to any change to labeling under section 505.
            ``(2) Removal of information.--Nothing in this section shall 
        be construed to give the Secretary additional authority to 
        remove approved indications for drugs, other than the authority 
        described in this section.
            ``(3) Secretary authority.--Nothing in this section shall be 
        construed to limit the authority of the Secretary to require 
        labeling changes under section 505(o).
            ``(4) Maintenance of labeling.--Nothing in this section 
        shall be construed to affect the responsibility of the holder of 
        an approved application under section 505(j) to maintain its 
        labeling in accordance with existing requirements, including 
        subpart B of part 201 and sections 314.70 and 314.97 of title 
        21, Code of Federal Regulations (or any successor regulations).

    ``(j) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2937]]

                                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) <<NOTE: Time period.>>  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) <<NOTE: Deadlines.>>  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. <<NOTE: Updates.>>  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) <<NOTE: Determination.>>  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). <<NOTE: Notification.>>  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) <<NOTE: Notice. Federal 
                      Register, publication.>>  a notice of the removal 
                      shall be published in the Federal Register.''.

[[Page 134 STAT. 2938]]

    (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) <<NOTE: Public comment.>>  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) <<NOTE: Evaluation. Recommenda- tions.>>  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) <<NOTE: 42 USC 294c note.>>  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.

[[Page 134 STAT. 2939]]

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

             TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

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

                        TITLE III--HUMAN SERVICES

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

                        TITLE IV--HEALTH OFFSETS

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

[[Page 134 STAT. 2940]]

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 <<NOTE: Ante, pp. 427, 730.>>  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 <<NOTE: Ante, p. 1042.>>  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:

[[Page 134 STAT. 2941]]

            ``(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) <<NOTE: Analysis.>>  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. <<NOTE: Plans.>>  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.''.

[[Page 134 STAT. 2942]]

    (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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  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 <<NOTE: Ante, pp. 
428, 730, 1042.>>  amended--
            (1) in clause (x), by striking at the end ``and''; and
            (2) by striking clause (xi) and inserting the following 
        clauses:
                          ``(xi) for fiscal year 2021, $15,000,000;
                          ``(xii) for fiscal year 2022, $15,000,000; and
                          ``(xiii) for fiscal year 2023, $15,000,000.''.

    (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section 
119, as so amended, is amended--
            (1) in clause (x), by striking at the end ``and''; and
            (2) by striking clause (xi) and inserting the following 
        clauses:
                          ``(xi) for fiscal year 2021, $15,000,000;
                          ``(xii) for fiscal year 2022, $15,000,000; and
                          ``(xiii) for fiscal year 2023, $15,000,000.''.

    (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of 
such section 119, as so amended, is amended--
            (1) in clause (x), by striking at the end ``and'';
            (2) by striking clause (xi) and inserting the following 
        clauses:
                          ``(xi) for fiscal year 2021, $5,000,000;

[[Page 134 STAT. 2943]]

                          ``(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) <<NOTE: Effective date.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Analysis.>>  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

[[Page 134 STAT. 2944]]

                administration of intravenous immune globin and 
                administration of intravenous immune globin in a 
                healthcare facility.
                    ``(E) <<NOTE: Survey.>>  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) <<NOTE: Recommenda- tions.>>  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 MEDI- 
                          CARE 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) <<NOTE: 42 USC 1395cc-5 note.>>  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:

[[Page 134 STAT. 2945]]

                    ``(C) <<NOTE: Effective date. Determination.>>  
                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) <<NOTE: Effective 
                      date. Determination.>>  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) <<NOTE: Transfer authority. Time period.>>  
                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) <<NOTE: Determinations.>>  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

[[Page 134 STAT. 2946]]

                          (iii) other elements determined appropriate by 
                      the Commission; and
                    (B) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  include 
                recommendations with respect to such prototype program, 
                as determined appropriate by the Commission, to Congress 
                and the Secretary of Health and Human Services.
SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND 
                          MEDICAID AND CHIP PAYMENT AND ACCESS 
                          COMMISSION WITH ACCESS TO CERTAIN DRUG 
                          PAYMENT INFORMATION, INCLUDING CERTAIN 
                          REBATE INFORMATION.

    (a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of 
the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)(ii), by striking ``and'' at 
                the end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting at the end the following new 
                subparagraph:
                    ``(C) by the Executive Director of the Medicare 
                Payment Advisory Commission for purposes of monitoring, 
                making recommendations for, and analysis of the program 
                under this title and by the Executive Director of the 
                Medicaid and CHIP Payment and Access Commission for 
                purposes of monitoring, making recommendations for, and 
                analysis of the Medicaid program established under title 
                XIX and the Children's Health Insurance Program under 
                title XXI.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Additional restrictions on disclosure of 
        information.--
                    ``(A) In general.--The Executive Directors described 
                in paragraph (2)(C) shall not disclose any of the 
                following information disclosed to such Executive 
                Directors or obtained by such Executive Directors 
                pursuant to such paragraph, with respect to a 
                prescription drug plan offered by a PDP sponsor or an 
                MA-PD plan offered by an MA organization:
                          ``(i) The specific amounts or the identity of 
                      the source of any rebates, discounts, price 
                      concessions, or other forms of direct or indirect 
                      remuneration under such prescription drug plan or 
                      such MA-PD plan.
                          ``(ii) Information submitted with the bid 
                      submitted under section 1860D-11(b) by such PDP 
                      sponsor or under section 1854(a) by such MA 
                      organization.
                          ``(iii) In the case of such information from 
                      prescription drug event records, information in a 
                      form that

[[Page 134 STAT. 2947]]

                      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) <<NOTE: Applicability.>>  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. <<NOTE: 42 USC 1395w-4 note.>>  MORATORIUM ON PAYMENT 
                          UNDER THE MEDICARE PHYSICIAN FEE 
                          SCHEDULE OF THE ADD ON CODE FOR 
                          INHERENTLY COMPLEX EVALUATION AND 
                          MANAGEMENT 
                          VISITS.

    (a) <<NOTE: Effective date.>>  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;

[[Page 134 STAT. 2948]]

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) <<NOTE: 42 USC 1395l note.>>  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 <<NOTE: 42 USC 
                          1395lll note.>>  VISIT AND COMPLETE THE 
                          COMPREHENSIVE ASSESSMENT WITH RESPECT TO 
                          CERTAIN REHABILITATION SERVICES FOR HOME 
                          HEALTH AGENCIES UNDER THE MEDICARE 
                          PROGRAM.

    Not <<NOTE: Deadline.>>  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)

[[Page 134 STAT. 2949]]

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. <<NOTE: 42 USC 1395l note.>>  CENTERS FOR MEDICARE & 
                          MEDICAID SERVICES PROVIDER OUTREACH AND 
                          REPORTING ON COGNITIVE ASSESS- 
                          MENT 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.). <<NOTE: Recommenda- tions.>>  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.''.

[[Page 134 STAT. 2950]]

    (b) <<NOTE: 42 USC 1395x note.>>  Effective Date.--The amendment 
made by subsection (a) shall apply to items and services furnished on or 
after January 1, 2021.

    (c) <<NOTE: 42 USC 1395x note.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Definition. Time periods.>>  Transitional 
        coverage.--For purposes of this subsection, the term 
        `transitional coverage' means with respect to an LI NET eligible 
        individual--
                    ``(A) immediate access to covered part D drugs at 
                the point of sale during the period that begins on the 
                first day of the month such individual is determined to 
                meet the requirements of clauses (ii) and (iii) of 
                subsection (a)(3)(A) and ends on the date that coverage 
                under a prescription drug plan or MA-PD plan takes 
                effect with respect to such individual; and
                    ``(B) <<NOTE: Effective date.>>  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.--

[[Page 134 STAT. 2951]]

                    ``(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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  In general.--After the 
        Secretary has adopted a standard under paragraph (3) for 
        electronic real-time benefit

[[Page 134 STAT. 2952]]

        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) <<NOTE: List.>>  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) <<NOTE: Compliance. Consultation.>>  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--

[[Page 134 STAT. 2953]]

            (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: <<NOTE: Effective 
date.>>  ``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

[[Page 134 STAT. 2954]]

                    ``(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) <<NOTE: Effective date.>>  Beginning January 1, 2023, the 
Secretary may establish special enrollment periods in the case of 
individuals who satisfy paragraph (1) or (2) of section 1836(a) and meet 
such exceptional conditions as the Secretary may provide.''.
                    (B) Coverage period.--Section 1838 of the Social 
                Security Act (42 U.S.C. 1395q) is amended by adding at 
                the end the following new subsection:

    ``(g) Notwithstanding subsection (a), in the case of an individual 
who enrolls during a special enrollment period pursuant to section 
1837(m), the coverage period shall begin on a date the Secretary 
provides in a manner consistent (to the extent practicable) with 
protecting continuity of health benefit coverage.''.
                    (C) Conforming amendment.--Title XVIII of the Social 
                Security Act (42 U.S.C. 1395 et seq.) is amended--
                          (i) in section 1818A(c)(3), by striking 
                      ``subsections (h) and (i) of section 1837'' and 
                      inserting ``subsections (h), (i), and (m) of 
                      section 1837''; and
                          (ii) in section 1839(b), in the first 
                      sentence, by striking ``or (l)'' and inserting ``, 
                      (l), or (m)''.
            (3) Technical correction.--Section 1839(b) of the Social 
        Security Act (42 U.S.C. 1395r(b)) is amended by adding at the 
        end the following new 
        sentence: <<NOTE: Determination. Applicability.>>  ``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

[[Page 134 STAT. 2955]]

        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. <<NOTE: Recommenda- 
        tions.>>  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) <<NOTE: Transfer authority. Time period. Determination.>>  
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 <<NOTE: Effective date.>>  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) <<NOTE: 111 Stat. 459.>>  is amended 
        by striking ``section 1848(a)(9)'' and inserting ``section 
        1834(a)(9)''.
            (2) <<NOTE: 42 USC 1395m note.>>  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) <<NOTE: 42 USC 1395m note.>>  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) <<NOTE: Effective date. Applicability.>>  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.''.

[[Page 134 STAT. 2956]]

    (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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 2957]]

                      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) <<NOTE: Determination.>>  
                                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) <<NOTE: Regulations. 42 USC 1395m note.>>  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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 2958]]

                          ``(iii) conduct aggregate analyses of health 
                      care data so shared across Federal, State, and 
                      private health plans for purposes of detecting 
                      fraud, waste, and abuse schemes;
                          ``(iv) identify outlier trends and potential 
                      vulnerabilities of partners in the partnership 
                      with respect to such schemes;
                          ``(v) refer specific cases of potential 
                      unlawful conduct to appropriate governmental 
                      entities;
                          ``(vi) convene, not less than annually, 
                      meetings with partners in the partnership for 
                      purposes of providing updates on the partnership's 
                      work and facilitating information sharing between 
                      the partners;
                          ``(vii) enter into data sharing and data use 
                      agreements with partners in the partnership in 
                      such a manner so as to ensure the partnership has 
                      access to data necessary to identify waste, fraud, 
                      and abuse while maintaining the confidentiality 
                      and integrity of such data;
                          ``(viii) provide partners in the partnership 
                      with plan-specific, confidential feedback on any 
                      aberrant billing patterns or potential fraud 
                      identified by the partnership with respect to such 
                      partner;
                          ``(ix) establish a process by which entities 
                      described in subparagraph (A) may enter the 
                      partnership and requirements such entities must 
                      meet to enter the partnership;
                          ``(x) provide appropriate training, outreach, 
                      and education to partners based on the results of 
                      data analyses described in clauses (ii) and (iii); 
                      and
                          ``(xi) perform such other duties as the 
                      Secretary determines appropriate.
                    ``(D) Substance use disorder treatment analysis.--
                Not <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 2959]]

                                    ``(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) <<NOTE: Time period. Public information. Web 
                posting.>>  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) <<NOTE: Review.>>  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) <<NOTE: Determination.>>  any other 
                      outcomes attributable to the partnership, as 
                      determined by the Secretary, during such period; 
                      and
                          ``(v) <<NOTE: Strategic plan.>>  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) <<NOTE: Transfer authority.>>  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) <<NOTE: Compliance. Determination.>>  
                      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.-- 
<<NOTE: Deadline. Study. Reports.>> Not <<NOTE: Cost estimate.>>  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

[[Page 134 STAT. 2960]]

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. <<NOTE: Public 
information. Determination.>>  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) <<NOTE: Public information. Determination.>>  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);

[[Page 134 STAT. 2961]]

            ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2962]]

                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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  the Secretary 
                determines the facility does not meet the requirements 
                applicable to a rural emergency hospital under this 
                subsection.

    ``(5) Licensure.--A facility may not operate as a rural emergency 
hospital in a State unless the facility--
            ``(A) is located in a State that provides for the licensing 
        of such hospitals under State or applicable local law; and
            ``(B)(i) is licensed pursuant to such law; or
            ``(ii) is approved by the agency of such State or locality 
        responsible for licensing hospitals, as meeting the standards 
        established for such licensing.

    ``(6) Discretionary Authority.--A rural emergency hospital may--
            ``(A) include a unit of the facility that is a distinct part 
        licensed as a skilled nursing facility to furnish post-hospital 
        extended care services; and
            ``(B) be considered a hospital with less than 50 beds for 
        purposes of the exception to the payment limit for rural health 
        clinics under section 1833(f).

    ``(7) Quality Measurement.--
            ``(A) In general.--The Secretary shall establish quality 
        measurement reporting requirements for rural emergency 
        hospitals, which may include the use of a small number of 
        claims-based outcomes measures or surveys of patients with 
        respect to their experience in the rural emergency hospital, in 
        accordance with the succeeding provisions of this paragraph.
            ``(B) Quality reporting by rural emergency hospitals.--
                    ``(i) <<NOTE: Time period. Data.>>  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

[[Page 134 STAT. 2963]]

                have been endorsed by the entity with a contract under 
                section 1890(a).
                    ``(ii) <<NOTE: Determination.>>  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) <<NOTE: Procedures.>>  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. <<NOTE: Web posting. Determination.>>  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:

[[Page 134 STAT. 2964]]

            ``(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 <<NOTE: Effective date.>>  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.

[[Page 134 STAT. 2965]]

            ``(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''.

[[Page 134 STAT. 2966]]

                    (B) Section 1867(e)(5) of such Act (42 U.S.C. 
                1395dd(e)(5)) is amended by inserting ``and a rural 
                emergency hospital (as defined in section 
                1861(kkk)(2))'' before the period.

    (c) Treatment as Telehealth Originating Site.--Section 
1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 
1395m(m)(4)(C)(ii)) is amended by adding at the end the following new 
subclause:
                                    ``(XI) A rural emergency hospital 
                                (as defined in section 1861(kkk)(2)).''.

    (d) Conforming Amendments.--
            (1) Section 1861(u) of the Social Security Act (42 U.S.C. 
        1395x(u)) is amended by inserting ``rural emergency hospital,'' 
        after ``critical access hospital,''.
            (2) Section 1864 of the Social Security Act (42 U.S.C. 
        1395aa) is amended by inserting before the period at the end of 
        the first sentence ``, or whether a facility is a rural 
        emergency hospital as defined in section 1861(kkk)(2).

    (e) Studies and Reports.--
            (1) <<NOTE: Evaluation.>>  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))). <<NOTE: Time periods.>>  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) <<NOTE: Transfer authority. Determination.>>  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) <<NOTE: 42 USC 1395b-6 note.>>  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) <<NOTE: 42 USC 1395l note.>>  Effective Date.--The amendments 
made by this section shall apply to items and services furnished on or 
after January 1, 2023.

[[Page 134 STAT. 2967]]

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) <<NOTE: Time periods. Effective date.>>  
                      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) <<NOTE: Notification.>>  
                                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 <<NOTE: Effective 
                                date.>>  increase shall be effective 
                                beginning July 1 of such fiscal year.
                    ``(B) <<NOTE: Determinations.>>  Distribution.--For 
                purposes of providing an increase in the otherwise 
                applicable resident limit under subparagraph (A), the 
                following shall apply:
                          ``(i) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2968]]

                      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

[[Page 134 STAT. 2969]]

                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 <<NOTE: Effective date.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Study.>>  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--

[[Page 134 STAT. 2970]]

                    (A) the distribution of additional full-time 
                equivalent resident positions under paragraph (9) of 
                section 1886(h) of the Social Security Act, as added by 
                subsection (a); and
                    (B) rural track and rotator programs under such 
                section.
            (2) Contents.--Each report described in paragraph (1) shall 
        include--
                    (A) a description of the distribution described in 
                paragraph (1)(A) and an analysis of the use of such 
                positions so distributed, including a description of the 
                effects of such distribution on rural track and rotator 
                programs;
                    (B) a specification, with respect to each hospital 
                that has received such a distribution, of whether such 
                hospital has abided by the agreement described in 
                paragraph (9)(C)(ii) of section 1886(h) of the Social 
                Security Act, as added by subsection (a); and
                    (C) to the extent practicable, a description of--
                          (i) the type of program in which each such 
                      position so distributed is being used;
                          (ii) the total number of full-time equivalent 
                      residency positions available in each such 
                      program;
                          (iii) the number of instances in which 
                      residents filling such positions so distributed 
                      treated individuals entitled to benefits under 
                      part A, or enrolled under part B, of title XVIII 
                      of the Social Security Act (42 U.S.C. 1395 et 
                      seq.);
                          (iv) the location where each resident that 
                      filled a position so distributed went on to 
                      practice.
SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.

    Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C. 
1395ww(h)(4)(iv)) is amended--
            (1) by striking ``(iv) Nonrural Hospital Operating Training 
        Programs in Rural Areas.--In the case of'' and inserting the 
        following:
                          ``(iv) Training programs in rural areas.--
                                    ``(I) Cost reporting periods 
                                beginning before october 1, 2022.--For 
                                cost reporting periods beginning before 
                                October 1, 2022, in the case of''; and
            (2) by adding at the end the following new subclause:
                                    ``(II) Cost reporting periods 
                                beginning on or after october 1, 2022.--
                                For cost reporting periods beginning on 
                                or after October 1, 2022, in the case of 
                                a hospital not located in a rural area 
                                that established or establishes a 
                                medical residency training program (or 
                                rural tracks) in a rural area or 
                                establishes an accredited program where 
                                greater than 50 percent of the program 
                                occurs in a rural area, the Secretary 
                                shall consistent with the principles of 
                                subparagraphs (F) and (G) and subject to 
                                paragraphs (7) and (8), prescribe rules 
                                for the application of such 
                                subparagraphs with respect to such a 
                                program and, in accordance with such 
                                rules, adjust in an appropriate manner 
                                the

[[Page 134 STAT. 2971]]

                                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) <<NOTE: Applicability.>>  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)--

[[Page 134 STAT. 2972]]

                    (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

[[Page 134 STAT. 2973]]

            (2) by adding at the end the following new subparagraph:
                    ``(C) <<NOTE: Transfer authority.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 2974]]

                    ``(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. <<NOTE: Applicability.>>  MEDICARE GME TREATMENT OF 
                          HOSPITALS ESTABLISHING NEW MEDICAL 
                          RESIDENCY TRAINING PROGRAMS AFTER 
                          HOSTING MEDICAL RESIDENT ROTATORS FOR 
                          SHORT DURATIONS.

    (a) Redetermination of Approved FTE Resident Amount.--Section 
1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is 
amended--
            (1) by inserting ``(i)'' before ``In the case of''; and
            (2) by adding at the end the following:
                    ``(ii) In applying this subparagraph in the case of 
                a hospital that trains residents and has not entered 
                into a GME affiliation agreement (as defined by the 
                Secretary for purposes of paragraph (4)(H)(ii)), on or 
                after the date of the enactment of this clause, the 
                Secretary shall not establish an FTE resident amount 
                until such time as the Secretary determines that the 
                hospital has trained at least 1.0 full-time-equivalent 
                resident in an approved medical residency training 
                program in a cost reporting period.
                    ``(iii) <<NOTE: Effective dates. Time periods.>>  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.

[[Page 134 STAT. 2975]]

                    ``(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,

[[Page 134 STAT. 2976]]

                      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) <<NOTE: 42 USC 1395ww note.>>  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. <<NOTE: Effective date.>>  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.

[[Page 134 STAT. 2977]]

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) <<NOTE: 42 USC 1395yy note.>>  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) <<NOTE: State and 
                local governments. Determination.>>  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.

[[Page 134 STAT. 2978]]

                    ``(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) <<NOTE: Criteria. Determination.>>  The 
                      criteria used to determine which providers are 
                      eligible to receive the supplemental payment.
                          ``(iii) A comprehensive description of the 
                      methodology used to calculate the amount of, and 
                      distribute, the supplemental payment to each 
                      eligible provider, including--
                                    ``(I) data on the amount of the 
                                supplemental payment made to each 
                                eligible provider, if known, or, if the 
                                total amount is distributed using a 
                                formula based on data from 1 or more 
                                fiscal years, data on the total amount 
                                of the supplemental payments for the 
                                fiscal year or years available to all 
                                providers eligible to receive a 
                                supplemental payment;
                                    ``(II) if applicable, the specific 
                                criteria with respect to Medicaid 
                                service, utilization, or cost data to be 
                                used as the basis for calculations 
                                regarding the amount or distribution of 
                                the supplemental payment; and
                                    ``(III) the timing of the 
                                supplemental payment made to each 
                                eligible provider.
                          ``(iv) An assurance that the total Medicaid 
                      payments made to an inpatient hospital provider, 
                      including the supplemental payment, will not 
                      exceed upper payment limits.
                          ``(v) If not already submitted, an upper 
                      payment limit demonstration under section 447.272 
                      of title 42, Code of Federal Regulations (as such 
                      section is in effect as of the date of enactment 
                      of this subsection).
                    ``(C) <<NOTE: Web posting.>>  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.--

[[Page 134 STAT. 2979]]

            ``(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) <<NOTE: Determination.>>  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) <<NOTE: Applicability. 42 USC 1396r-4 note.>>  Effective Date.--
The amendment made by this section shall take effect on October 1, 2021, 
and shall apply to payment

[[Page 134 STAT. 2980]]

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) <<NOTE: 42 USC 1396a note.>>  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'';

[[Page 134 STAT. 2981]]

                          (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) <<NOTE: Work plan.>>  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) <<NOTE: Evaluation plan.>>  an 
                      evaluation plan that identifies expected results 
                      for each such proposed initiative; and
                          ``(III) <<NOTE: Sustainability plan.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Action plan.>>  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).''.

[[Page 134 STAT. 2982]]

    (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) <<NOTE: Grants. Contracts.>>  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 <<NOTE: Analyses.>>  report shall include 
        information and analyses with respect to the following:
                    ``(A) The most effective State strategies for 
                transitioning beneficiaries from institutional to 
                qualified community settings carried out under MFP 
                demonstration projects and how such strategies may vary 
                for different types of beneficiaries, such as 
                beneficiaries who are aged, physically disabled, 
                intellectually or developmentally disabled, or 
                individuals with serious mental illnesses, and other 
                targeted waiver beneficiary populations under section 
                1915(c) of the Social Security Act.
                    ``(B) The most common and the most effective State 
                uses of grant funds carried out under demonstration 
                projects for transitioning beneficiaries from 
                institutional to qualified community settings and 
                improving health outcomes, including differentiating 
                funding for current initiatives that are designed for 
                such purpose and funding for proposed initiatives that 
                are designed for such purpose.
                    ``(C) The most effective State approaches carried 
                out under MFP demonstration projects for improving 
                person-centered care and planning.
                    ``(D) Identification of program, financing, and 
                other flexibilities available under MFP demonstration 
                projects, that are not available under the traditional 
                Medicaid program, and which directly contributed to 
                successful transitions and improved health outcomes 
                under MFP demonstration projects.
                    ``(E) State strategies and financing mechanisms for 
                effective coordination of housing financed or supported 
                under MFP demonstration projects with local housing 
                authorities and other resources.
                    ``(F) Effective State approaches for delivering 
                Money Follows the Person transition services through 
                managed care entities.
                    ``(G) <<NOTE: Determination.>>  Other best practices 
                and effective transition strategies demonstrated by 
                States with approved MFP demonstration projects, as 
                determined by the Secretary.

[[Page 134 STAT. 2983]]

                    ``(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) <<NOTE: Determination. Recommenda- tions.>>  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) <<NOTE: Deadline. 42 USC 1396a note.>>  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) <<NOTE: 42 USC 1396a note.>>  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--

[[Page 134 STAT. 2984]]

            (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 PROS- 
                          ECUTE 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''.

[[Page 134 STAT. 2985]]

    (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

[[Page 134 STAT. 2986]]

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) <<NOTE: 8 USC 1612 note.>>  Effective Date.--The amendments made 
by this section shall apply to benefits for items and services furnished 
on or after the date of the enactment of this Act.
SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.

    (a) Continuing Requirement of Medicaid Coverage of Necessary 
Transportation.--
            (1) Requirement.--Section 1902(a)(4) of the Social Security 
        Act (42 U.S.C. 1396a(a)(4)) is amended--
                    (A) by striking ``and including provision for 
                utilization'' and inserting ``including provision for 
                utilization''; and
                    (B) by inserting after ``supervision of 
                administration of the plan'' the following: ``, and, 
                subject to section 1903(i), including a specification 
                that the single State agency described in paragraph (5) 
                will ensure necessary transportation for beneficiaries 
                under the State plan to and from providers and a 
                description of the methods that such agency will use to 
                ensure such transportation''.
            (2) Application with respect to benchmark benefit packages 
        and benchmark equivalent coverage.--Section 1937(a)(1) of the 
        Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
                    (A) in subparagraph (A), by striking ``subsection 
                (E)'' and inserting ``subparagraphs (E) and (F)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(F) Necessary transportation.--Notwithstanding the 
                preceding provisions of this paragraph, a State may not 
                provide medical assistance through the enrollment of an 
                individual with benchmark coverage or benchmark 
                equivalent coverage described in subparagraph (A)(i) 
                unless, subject to section 1903(i)(9) and in accordance 
                with section 1902(a)(4), the benchmark benefit package 
                or benchmark equivalent coverage (or the State)--
                          ``(i) ensures necessary transportation for 
                      individuals enrolled under such package or 
                      coverage to and from providers; and
                          ``(ii) provides a description of the methods 
                      that will be used to ensure such 
                      transportation.''.
            (3) Limitation on federal financial participation.--Section 
        1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is 
        amended by inserting after paragraph (8) the following new 
        paragraph:
            ``(9) with respect to any amount expended for non-emergency 
        transportation authorized under section 1902(a)(4), unless the 
        State plan provides for the methods and procedures required 
        under section 1902(a)(30)(A); or''.
            (4) <<NOTE: 42 USC 1396a note.>>  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.

[[Page 134 STAT. 2987]]

    (b) Medicaid Program Integrity Measures Related to Coverage of 
Nonemergency Medical Transportation.--
            (1) <<NOTE: Deadline.>> 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). <<NOTE: Examinations.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 2988]]

                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) <<NOTE: Deadline. Assessment. Updates. 42 USC 1396a 
        note.>>  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) <<NOTE: Violation.>>  each such provider has 
                in place a process to address any violation of a State 
                drug law; and
                    ``(D) <<NOTE: Disclosure.>>  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) <<NOTE: 42 USC 1396a note.>>  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) <<NOTE: Plans. Determination.>>  
                      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

[[Page 134 STAT. 2989]]

                      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) <<NOTE: Reports.>>  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) <<NOTE: 42 USC 1396a note.>>  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 ROU- 
                          TINE PATIENT COSTS FOR ITEMS AND 
                          SERVICES FUR- 
                          NISHED IN CONNECTION WITH PARTICIPATION 
                          IN QUALI- 
                          FYING 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--

[[Page 134 STAT. 2990]]

                    ``(i) any item or service provided to prevent, 
                diagnose, monitor, or treat complications resulting from 
                such participation, to the extent that the provision of 
                such an item or service to the individual outside the 
                course of such participation would otherwise be covered 
                under the State plan or waiver; and
                    ``(ii) any item or service required solely for the 
                provision of the investigational item or service that is 
                the subject of such trial, including the administration 
                of such investigational item or service; and
            ``(B) does not include--
                    ``(i) an item or service that is the investigational 
                item or service that is--
                          ``(I) the subject of the qualifying clinical 
                      trial; and
                          ``(II) not otherwise covered outside of the 
                      clinical trial under the State plan or waiver; or
                    ``(ii) an item or service that is--
                          ``(I) provided to the individual solely to 
                      satisfy data collection and analysis needs for the 
                      qualifying clinical trial and is not used in the 
                      direct clinical management of the individual; and
                          ``(II) not otherwise covered under the State 
                      plan or waiver.

    ``(2) Qualifying Clinical Trial Defined.--
            ``(A) In general.--For purposes of this subsection and 
        subsection (a)(30), the term `qualifying clinical trial' means a 
        clinical trial (in any clinical phase of development) that is 
        conducted in relation to the prevention, detection, or treatment 
        of any serious or life-threatening disease or condition and is 
        described in any of the following clauses:
                    ``(i) The study or investigation is approved, 
                conducted, or supported (which may include funding 
                through in-kind contributions) by one or more of the 
                following:
                          ``(I) The National Institutes of Health.
                          ``(II) The Centers for Disease Control and 
                      Prevention.
                          ``(III) The Agency for Healthcare Research and 
                      Quality.
                          ``(IV) The Centers for Medicare & Medicaid 
                      Services.
                          ``(V) A cooperative group or center of any of 
                      the entities described in subclauses (I) through 
                      (IV) or the Department of Defense or the 
                      Department of Veterans Affairs.
                          ``(VI) A qualified non-governmental research 
                      entity identified in the guidelines issued by the 
                      National Institutes of Health for center support 
                      grants.
                          ``(VII) Any of the following if the conditions 
                      described in subparagraph (B) are met:
                                    ``(aa) The Department of Veterans 
                                Affairs.
                                    ``(bb) The Department of Defense.
                                    ``(cc) The Department of Energy.
                    ``(ii) The clinical trial is conducted pursuant to 
                an investigational new drug exemption under section 
                505(i) of the Federal Food, Drug, and Cosmetic Act or an 
                exemption for a biological product undergoing 
                investigation under section 351(a)(3) of the Public 
                Health Service Act.

[[Page 134 STAT. 2991]]

                    ``(iii) The clinical trial is a drug trial that is 
                exempt from being required to have an exemption 
                described in clause (ii).
            ``(B) <<NOTE: Peer review. Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: 42 USC 1308 note.>>  Effective Date.--

[[Page 134 STAT. 2992]]

            (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) <<NOTE: Determination.>>  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. <<NOTE: 42 USC 601 note.>>  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 <<NOTE: Time periods.>>  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)--

[[Page 134 STAT. 2993]]

                          (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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 2994]]

            (2) through the end of fiscal year 2022 for research, 
        evaluation, and reporting under such section, and for necessary 
        administrative expenses to carry out these activities.
SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND STABLE 
                          FAMILIES PROGRAM AND STATE COURT SUP- 
                          PORT.

    (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

[[Page 134 STAT. 2995]]

        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) <<NOTE: 42 USC 629f note.>>  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) <<NOTE: Time period. Effective 
                date. Reports.>>  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. <<NOTE: Applicability.>>  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.

[[Page 134 STAT. 2996]]

                    ``(B) Audit.--Information reported under 
                subparagraph (A) is subject to audit by the Inspector 
                General of the Department of Health and Human Services.
                    ``(C) <<NOTE: Survey.>>  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). <<NOTE: Penalty.>>  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 <<NOTE: Applicability.>>  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) <<NOTE: Reviews.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination. Applicability. Penalty.>>  
                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

[[Page 134 STAT. 2997]]

                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) <<NOTE: Penalty.>>  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) <<NOTE: Time period. Effective 
                date. Applicability.>>  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) <<NOTE: Determination.>>  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 <<NOTE: Time 
        period. Effective date.>>  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) <<NOTE: Assessment.>>  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 <<NOTE: Recommenda- tions.>>  
report shall include any recommendations on how to improve the accuracy 
of such information.

[[Page 134 STAT. 2998]]

SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS 
                          FOR KIDNEY TRANSPLANT PATIENTS AND OTHER 
                          RENAL DIALYSIS PROVISIONS.

    (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney 
Transplant Recipients.--
            (1) In general.--Section 226A(b)(2) of the Social Security 
        Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except 
        for eligibility for enrollment under part B solely for purposes 
        of coverage of immunosuppressive drugs described in section 
        1861(s)(2)(J))'' before ``, with the thirty-sixth month''.
            (2) Individuals eligible only for coverage of 
        immunosuppressive drugs.--
                    (A) In general.--Section 1836 of the Social Security 
                Act (42 U.S.C. 1395o) is amended--
                          (i) by striking ``Every'' and inserting ``(a) 
                      In General.--Every''; and
                          (ii) by adding at the end the following new 
                      subsection:

    ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
            ``(1) <<NOTE: Termination date.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 2999]]

                      of such title to receive immunosuppressive drugs 
                      described in this subsection.
                    ``(B) Eligibility determinations.--
                          ``(i) <<NOTE: Coordination.>>  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) <<NOTE: Notification. Deadline.>> 
                                 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) <<NOTE: Regulation.>>  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) <<NOTE: Termination date.>>  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,

[[Page 134 STAT. 3000]]

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) <<NOTE: Applicability.>>  In the case of an individual 
described in section 1836(b)(1), the following rules shall apply:
            ``(1) <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  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 <<NOTE: Effective 
dates. Regulations.>>  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).

[[Page 134 STAT. 3001]]

Such premium shall be equal to 15 percent of the monthly actuarial rate 
for enrollees age 65 and over (as would be determined in accordance with 
subsection (a)(1) if the reference to `one-half' in such subsection were 
a reference to `100 percent') for that succeeding calendar year. The 
monthly premium of each individual enrolled for coverage of 
immunosuppressive drugs under section 1836(b) for each month shall be 
the amount promulgated in this subsection. In the case of such 
individual not otherwise enrolled under this part, such premium shall be 
in lieu of any other monthly premium applicable under this section. Such 
amount shall be adjusted in accordance with subsections (c), (f), and 
(i), but shall not be adjusted under subsection (b).''.
            (2) Special rule for application of hold harmless provisions 
        to transitioning individuals.--Section 1839(f) of the Social 
        Security Act (42 U.S.C. 1395r(f)) is amended by adding at the 
        end the following new sentence: ``Any increase in the premium 
        for an individual who was enrolled under section 1836(b) 
        attributable to such individual otherwise enrolling under this 
        part shall not be taken into account in applying this 
        subsection.''.
            (3) Special rule for application of premium subsidy 
        reduction provisions.--Section 1839(i)(3)(A)(ii)(II) of the 
        Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is 
        amended by inserting ``(or, with respect to an individual 
        enrolled under section 1836(b) and not otherwise enrolled under 
        this part, 0 times the amount of such increase)'' after ``in the 
        year''.

    (e) Government Contribution.--Section 1844(a) of the Social Security 
Act (42 U.S.C. 1395w(a)) is amended--
            (1) in paragraph (3), by striking the period at the end and 
        inserting ``; plus'';
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) a Government contribution equal to the estimated 
        aggregate reduction in premiums payable under part B that 
        results from establishing the premium at 15 percent of the 
        actuarial rate (as would be determined in accordance with 
        section 1839(a)(1) if the reference to `one-half' in such 
        section were a reference to `100 percent') under section 1839(j) 
        instead of 25 percent of such rate (as so determined) for 
        individuals enrolled only for the purpose of coverage of 
        immunosuppressive drugs under section 1836(b).''; and
            (3) by adding the following sentence at the end of the flush 
        matter following paragraph (4), as added by paragraph (2) of 
        this subsection:
        ``The Government contribution under paragraph (4) shall be 
        treated as premiums payable and deposited for purposes of 
        subparagraphs (A) and (B) of paragraph (1).''.

    (f) Ensuring Coverage Under the Medicare Savings Program.--
            (1) In general.--Section 1905(p)(1)(A) of the Social 
        Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting 
        ``or who is enrolled under part B for the purpose of coverage of 
        immunosuppressive drugs under section 1836(b)'' after ``under 
        section 1818A)''.
            (2) Conforming amendments.--Section 1902(a)(10)(E) of the 
        Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in 
        each of clauses (iii) and (iv) by inserting ``(including such

[[Page 134 STAT. 3002]]

        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) <<NOTE: Recommenda- tions. Determination.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3003]]

            ``(2) <<NOTE: Applicability.>>  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) <<NOTE: Recommenda-tion. Effective date.>>  
        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. <<NOTE: 42 USC 1395i-6.>>  HOSPICE PROGRAM SURVEY AND 
                          ENFORCEMENT PROCEDURES.

    ``(a) Surveys.--
            ``(1) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3004]]

            ``(2) Public transparency of survey and certification 
        information.--
                    ``(A) Submission of information to the secretary.--
                          ``(i) <<NOTE: Determination.>>  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 <<NOTE: Reports.>>  
                      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) <<NOTE: Effective date.>>  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) <<NOTE: Effective date. Public 
                information. Web posting.>>  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 <<NOTE: Update.>>  
                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) <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3005]]

                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) <<NOTE: Transfer authority.>>  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) <<NOTE: Determinations.>>  Enforcement.--
            ``(1) Situations involving immediate jeopardy.--If the 
        Secretary determines on the basis of a standard survey or 
        otherwise that a hospice program that is certified for 
        participation under this title is no longer in compliance with 
        the requirements specified in section 1861(dd) and determines 
        that the deficiencies involved immediately jeopardize the health 
        and safety of the individuals to whom the program furnishes 
        items and services, the Secretary shall take immediate action to 
        ensure the removal of the jeopardy and correction of the 
        deficiencies or terminate the certification of the program, and 
        may provide, in addition, for 1 or more of the other remedies 
        described in paragraph (5)(B).
            ``(2) <<NOTE: Time period.>>  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. <<NOTE: Termination.>>  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

[[Page 134 STAT. 3006]]

        days in which the Secretary finds that the program was not in 
        compliance with such requirements.
            ``(4) <<NOTE: Time period.>>  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 <<NOTE: Guidelines.>>  Secretary shall establish guidelines 
        for approval of corrective actions requested by hospice programs 
        under this paragraph.
            ``(5) Remedies.--
                    ``(A) Development.--
                          ``(i) <<NOTE: Deadline.>>  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) <<NOTE: Procedures.>>  
                                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) <<NOTE: Deadline. Procedures.>>  
                      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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 3007]]

                      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) <<NOTE: Applicability.>>  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) <<NOTE: Termination.>>  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) <<NOTE: Determination.>>  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''.

[[Page 134 STAT. 3008]]

                    (B) <<NOTE: Applicability. 42 USC 1395aa note.>>  
                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) <<NOTE: Analysis.>>  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 <<NOTE: Montana Water Rights Protection Act. Native 
Americans.>>  WATER RIGHTS PROTECTION ACT
SEC. 1. <<NOTE: 25 USC 5301 note.>>  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--

[[Page 134 STAT. 3009]]

                    (A) the Confederated Salish and Kootenai Tribes of 
                the Flathead Indian Reservation; and
                    (B) the United States, for the benefit of the Tribes 
                and allottees;
            (2) to authorize, ratify, and confirm the water rights 
        compact entered into by the Tribes and the State, to the extent 
        that the Compact is consistent with this Act;
            (3) to authorize and direct the Secretary of the Interior--
                    (A) to execute the Compact; and
                    (B) to take any other action necessary to carry out 
                the Compact in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of--
                    (A) the Compact; and
                    (B) this Act.
SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Allottee.--The term ``allottee'' means an individual who 
        holds a beneficial real property interest in an allotment of 
        Indian land that is--
                    (A) located within the Reservation; and
                    (B) held in trust by the United States.
            (2) Bison.--The term ``bison'' means North American plains 
        bison.
            (3) Compact.--The term ``Compact'' means--
                    (A) the water rights compact entered into and 
                ratified, as applicable, by the Confederated Salish and 
                Kootenai Tribes, the State, and the United States, as 
                contained in section 85-20-1901 of the Montana Code 
                Annotated (2019), including--
                          (i) any appendix or exhibit to that compact; 
                      and
                          (ii) any modifications authorized by that 
                      compact; and
                    (B) any amendment to the compact referred to in 
                subparagraph (A) (including an amendment to an appendix 
                or exhibit) that is--
                          (i) executed to ensure that the Compact is 
                      consistent with this Act; or
                          (ii) otherwise authorized by the Compact and 
                      this Act.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date described in section 10(b).
            (5) Flathead indian irrigation project.--
                    (A) In general.--The term ``Flathead Indian 
                irrigation project'' means the Federal irrigation 
                project developed by the United States to irrigate land 
                within the Reservation pursuant to--
                          (i) the Act of April 23, 1904 (33 Stat. 302, 
                      chapter 1495); and
                          (ii) the Act of May 29, 1908 (35 Stat. 444, 
                      chapter 216).
                    (B) Inclusions.--The term ``Flathead Indian 
                irrigation project'' includes--
                          (i) all land and any reservoir, easement, 
                      right-of-way, canal, ditch, lateral, or any other 
                      facility of

[[Page 134 STAT. 3010]]

                      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--

[[Page 134 STAT. 3011]]

                    (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--

[[Page 134 STAT. 3012]]

            (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.--

[[Page 134 STAT. 3013]]

            (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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  Extension.--The 
                      deadline described in clause (i) may be extended 
                      by the Secretary after consultation with the 
                      Tribes.
            (4) Conflict.--In the event of a conflict between the Law of 
        Administration and this Act, the provisions of this Act shall 
        control.

    (g) Administration.--
            (1) Alienation.--The Tribes shall not permanently alienate 
        any portion of the Tribal Water Right.
            (2) Purchases or grants of land from indians.--An 
        authorization provided by this Act for an allocation, 
        distribution, lease, or any other arrangement shall be 
        considered to

[[Page 134 STAT. 3014]]

        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

[[Page 134 STAT. 3015]]

                          (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) <<NOTE: Contracts.>>  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

[[Page 134 STAT. 3016]]

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

[[Page 134 STAT. 3017]]

                losses in conveyance of water from irrigation sources of 
                supply to irrigation points of use, in accordance with 
                the Compact.
                    (B) Planning, design, and construction of additional 
                pumping facilities.
                    (C) Operational improvements to infrastructure 
                within the distribution network of the Flathead Indian 
                irrigation project.
                    (D) Reconstruction, replacement, and automation at 
                irrigation diversion works.
                    (E) Lining of open canals, and placement of open 
                canals in pipe.
                    (F) Fencing and physical project access 
                enhancements.
            (2) Mitigation, reclamation, and restoration.--
                    (A) Mitigation, reclamation, and restoration of 
                streams, wetlands, banks, slopes, and wasteways within, 
                appurtenant to, or affected by the Flathead Indian 
                irrigation project.
                    (B) The installation of screens, barriers, passages, 
                or ladders to prevent fish entrainment in irrigation 
                ditches and canals within, or appurtenant to, the 
                Flathead Indian irrigation project.
            (3) Acquisition of interests.--Acquisition of easements or 
        other interests in real property necessary to carry out any 
        activity under this section.

    (c) Environmental Compliance.--
            (1) In general.--Prior to the commencement of any activity 
        under subsection (b), the Secretary, or the Tribes if the Tribes 
        elect to perform the activities on behalf of the Secretary under 
        title IV of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5361 et seq.), shall perform 
        appropriate environmental, cultural, and historical compliance 
        activities relating to the activity, including to ensure 
        compliance with--
                    (A) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (B) division A of subtitle III of title 54, United 
                States Code (formerly known as the ``National Historic 
                Preservation Act'' (16 U.S.C. 470 et seq.)).
            (2) Costs.--All costs associated with the performance of 
        compliance activities under paragraph (1) shall be paid with 
        funds deposited in the Trust Fund, on the condition that any 
        costs associated with the performance of Federal approval or 
        other review of such compliance work or costs associated with 
        inherently Federal functions shall remain the responsibility of 
        the Secretary.

    (d) Funding.--
            (1) Indian self-determination and education assistance act 
        compacting.--
                    (A) Funding authority and agreements.--
                Notwithstanding any other provision of law, if the 
                Tribes elect to perform all activities described in 
                subsection (b) on behalf of the Secretary, the Secretary 
                shall enter into a self-governance agreement with the 
                Tribes under title IV of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5361 et seq.) 
                covering all such activities.

[[Page 134 STAT. 3018]]

                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Requirements.>>  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.--

[[Page 134 STAT. 3019]]

                    (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--

[[Page 134 STAT. 3020]]

            (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) <<NOTE: Determinations.>>  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.--

[[Page 134 STAT. 3021]]

            (1) Management.--On receipt and deposit of the funds into 
        the Trust Fund, the Secretary shall manage, invest, and 
        distribute the amounts in accordance with the investment 
        authority of the Secretary under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this section.
            (2) Investment earnings.--In addition to the deposits under 
        section 9(a), any investment earnings, including interest, 
        credited to the amounts in the Trust Fund shall be available for 
        use in accordance with subsection (h).

    (e) Availability of Amounts.--
            (1) In general.--Amounts deposited in the Trust Fund 
        (including any investment earnings) shall be made available to 
        the Tribes by the Secretary beginning on the enforceability 
        date, subject to the requirements of this Act.
            (2) Use.--Notwithstanding paragraph (1), any amounts--
                    (A) deposited in the account described in subsection 
                (b)(1) or transferred to another account under 
                subsection (c)(3), shall be available to the Tribes or 
                the Secretary, as applicable, on the date on which the 
                amounts are deposited or transferred, for the uses 
                described in subsection (h)(1), in accordance with 
                Appendix 3.6 to the Compact; and
                    (B) deposited in the account described in subsection 
                (b)(1) shall be available to the Tribes on the date on 
                which the amounts are deposited for the uses described 
                in subsection (h)(2).

    (f) Withdrawals Under AITFMRA.--
            (1) In general.--The Tribes may withdraw any portion of the 
        amounts in the account described in subsection (b)(2) on 
        approval by the Secretary of a Tribal management plan submitted 
        by the Tribes in accordance with the American Indian Trust Fund 
        Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (2) Inapplicability of aitfmra.--A withdrawal from the 
        account described in subsection (b)(1)--
                    (A) shall be made only in accordance with subsection 
                (e) and section 7; and
                    (B) notwithstanding any other provision of law, 
                shall not be subject to the American Indian Trust Fund 
                Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (3) Requirements.--
                    (A) In general.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under paragraph (1) shall require that 
                the Tribes shall spend all amounts withdrawn from the 
                Trust Fund and any investment earnings accrued through 
                the investments under the Tribal management plan in 
                accordance with this Act.
                    (B) <<NOTE: Determination.>>  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

[[Page 134 STAT. 3022]]

                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) <<NOTE: Compliance.>>  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.--

[[Page 134 STAT. 3023]]

            (1) <<NOTE: Time period.>>  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) <<NOTE: Effective dates. Time period.>>  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--

[[Page 134 STAT. 3024]]

                    (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) <<NOTE: Time period.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 3025]]

        or before the enforceability date, except to the extent that 
        such a right is recognized in the Compact and this Act.
            (3) Claims by tribes against united states.--Subject to the 
        reservation of rights and retention of claims under subsection 
        (c), the Tribes, acting on behalf of the Tribes and members of 
        the Tribes (but not any member of the Tribes as an allottee), 
        shall execute a waiver and release with prejudice of all claims 
        against the United States (including any agency or employee of 
        the United States) first arising before the enforceability 
        date--
                    (A) relating to--
                          (i) water rights within the State that the 
                      United States, acting as trustee for the Tribes, 
                      asserted or could have asserted in any proceeding, 
                      including the general stream adjudication in the 
                      State, except to the extent that such rights are 
                      recognized as part of the Tribal Water Right under 
                      this Act;
                          (ii) foregone benefits from nontribal use of 
                      water, on and off the Reservation (including water 
                      from all sources and for all uses);
                          (iii) damage, loss, or injury to water, water 
                      rights, land, or natural resources due to loss of 
                      water or water rights (including damages, losses, 
                      or injuries to hunting, fishing, gathering, or 
                      cultural rights due to loss of water or water 
                      rights, claims relating to interference with, 
                      diversion, or taking of water, or claims relating 
                      to a failure to protect, acquire, replace, or 
                      develop water, water rights, or water 
                      infrastructure) within the State;
                          (iv) a failure to establish or provide a 
                      municipal, rural, or industrial water delivery 
                      system on the Reservation;
                          (v) damage, loss, or injury to water, water 
                      rights, land, or natural resources due to 
                      construction, operation, and management of the 
                      Flathead Indian irrigation project and other 
                      Federal land and facilities (including damages, 
                      losses, or injuries to Tribal fisheries, fish 
                      habitat, wildlife, and wildlife habitat);
                          (vi) damage, loss, or injury from failure to 
                      protect natural resources and land against noxious 
                      weeds impacts;
                          (vii) inadequate compensation for minerals 
                      extracted;
                          (viii) inadequate compensation for land and 
                      interests in land used for Bureau of Indian 
                      Affairs roads and wildlife refuges;
                          (ix) a failure to provide--
                                    (I) for operation, maintenance, or 
                                deferred maintenance for the Flathead 
                                Indian irrigation project or any other 
                                irrigation system or irrigation project; 
                                or
                                    (II) a dam safety improvement to a 
                                dam within the Reservation;
                          (x) the litigation of claims relating to any 
                      water right of the Tribes in the State; and
                          (xi) the negotiation, execution, or adoption 
                      of the Compact or this Act;

[[Page 134 STAT. 3026]]

                    (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) <<NOTE: Federal Register, publication.>>  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;

[[Page 134 STAT. 3027]]

                          (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) <<NOTE: Time period.>>  In general.--Each applicable 
        period of limitation and time-based equitable defense relating 
        to a claim described in

[[Page 134 STAT. 3028]]

        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

[[Page 134 STAT. 3029]]

                                            (bb) any user of the Tribal 
                                        Water Right; or
                                    (II) any other matter covered by 
                                subsection (a)(3); or
                          (ii) in any future settlement of water rights 
                      of the Tribes or an allottee.
SEC. 11. SATISFACTION OF CLAIMS.

    (a) Tribal Claims.--The benefits realized by the Tribes under this 
Act shall be in complete replacement of, complete substitution for, and 
full satisfaction of all claims of the Tribes against the United States 
waived and released pursuant to paragraphs (1) and (3) of section 10(a).
    (b) Allottee Claims.--The benefits realized by allottees under this 
Act shall be in complete replacement of, complete substitution for, and 
full satisfaction of--
            (1) all claims waived and released pursuant to section 
        10(a)(2); and
            (2) any claims of an allottee against the United States that 
        an allottee asserted or could have asserted that are similar in 
        nature to a claim described in section 10(a)(2).
SEC. 12. NATIONAL BISON RANGE RESTORATION.

    (a) Findings; Purposes.--
            (1) Findings.--Congress finds that--
                    (A) the Reservation was set aside for the Tribes in 
                1855 under the treaty between the United States and the 
                Tribes concluded at Hell Gate on July 16, 1855 (12 Stat. 
                975);
                    (B) the National Bison Range was established as a 
                conservation measure in 1908, a time when the bison were 
                at grave risk of extinction;
                    (C) the National Bison Range is located in the 
                middle of the Reservation on land that was acquired by 
                the United States in what was later held, in the civil 
                action entitled ``Confederated Salish and Kootenai 
                Tribes of the Flathead Indian Reservation, Montana v. 
                United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a 
                taking under the Fifth Amendment to the Constitution of 
                the United States;
                    (D) the Tribes never consented to the removal of the 
                land described in subparagraph (C) from Tribal 
                ownership;
                    (E) since time immemorial until the establishment of 
                the National Bison Range, the Tribes had used the land 
                described in subparagraph (C) for--
                          (i) hunting, fishing, and gathering; and
                          (ii) cultural and many other purposes;
                    (F)(i) in the 1870s, when slaughter resulted in the 
                risk of bison extinction, a Pend d'Oreille man named 
                Little Falcon Robe received approval from leaders of the 
                Tribes to bring orphaned bison calves across the 
                Continental Divide to the Reservation for purposes of 
                starting a herd for subsistence and conservation 
                purposes;
                    (ii) starting with just a few bison calves, the 
                animals grew into a large herd under the stewardship of 
                members of the Tribes, who later included Michel Pablo 
                and Charles Allard; and

[[Page 134 STAT. 3030]]

                    (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

[[Page 134 STAT. 3031]]

                    (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) <<NOTE: Public information. Plan.>>  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

[[Page 134 STAT. 3032]]

        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) <<NOTE: Time period. Effective date. Determination.>>  
        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

[[Page 134 STAT. 3033]]

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) <<NOTE: Effective date.>>  Negotiation.--
                Effective beginning on October 1 of the tenth calendar 
                year beginning after the date of enactment of the 
                Montana Water Rights Protection Act, the Confederated 
                Salish and Kootenai Tribes of the Flathead Reservation 
                of Montana, the State of Montana, and the Secretary may 
                negotiate for an appropriate allocation that differs 
                from the allocation described in subparagraph (A).
                    ``(C) Carryover.--If the project operator does not 
                use the full allocation of the project operator under 
                this paragraph for a fiscal year, an amount equal to the 
                difference between the full allocation and the amount 
                used by the project operator shall be set aside and 
                accumulated for expenditure during subsequent fiscal 
                years for the purposes described in subsection 
                (h)(6).''.
            (3) Indian self-determination and education assistance 
        act.--Section 403(b)(4) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
                    (A) in subparagraph (A), by adding ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (C) by striking subparagraph (C).

[[Page 134 STAT. 3034]]

    (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.

[[Page 134 STAT. 3035]]

            (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

[[Page 134 STAT. 3036]]

                206 of the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1716).
                    (C) <<NOTE: Determination.>>  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) <<NOTE: Time period. Effective date.>>  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).

[[Page 134 STAT. 3037]]

                    (D) <<NOTE: Determination.>>  Valuation.--In 
                determining the fair market value of land under 
                subparagraph (C), the parties to an exchange made 
                pursuant to that subparagraph shall give due 
                consideration to the value of improvements on the land.
                    (E) Title.--If the Secretary concerned obtains 
                private land pursuant to subparagraph (C), the Secretary 
                concerned shall transfer title to the land to the 
                Tribes.
                    (F) Trust.--Title to any private land or public land 
                transferred to the Tribes pursuant to this paragraph 
                shall--
                          (i) be vested in the United States in trust 
                      for the sole use and benefit of the Tribes; and
                          (ii) be recognized as part of the Reservation, 
                      if the land is located within the boundaries of 
                      the Reservation.
                    (G) Tribal assistance.--The Tribes shall assist in 
                obtaining prospective willing parties to exchange 
                private land within the Reservation for public land 
                within the State under this paragraph.
            (4) Protection of grazing rights.--State trust land that is 
        not adjacent to Tribal land shall not be eligible to be 
        exchanged under this subsection.

    (k) Review of Decisions.--A court of competent jurisdiction shall 
review the decisions of the Flathead Reservation Water Management Board 
and the Montana Department of Fish, Wildlife, and Parks in accordance 
with--
            (1) the Compact;
            (2) the Law of Administration; and
            (3) this Act.

    (l) Payments to Certain Counties.--
            (1) Payments.--
                    (A) By secretary.--Subject to paragraph (2), to 
                reduce the financial impact on the counties in which the 
                land restored by section 12 is located, the Secretary 
                shall make payments to Lake County and Sanders County in 
                the State, out of amounts in the fund established under 
                section 401(a) of the Act of June 15, 1935 (16 U.S.C. 
                715s(a)).
                    (B) By tribes.--To ensure that culverts, bridges, 
                and roads that intersect with, or are otherwise located 
                within, the supply and distribution network of the 
                Flathead Indian irrigation project comply with Federal 
                environmental requirements, to ensure public safety, and 
                to enhance Tribal fisheries on the Reservation, the 
                Tribes shall allocate from the Trust Fund amounts 
                withdrawn for the purposes described in section 
                8(h)(13), under an agreement approved by the Secretary--
                          (i) $5,000,000 to Lake County in the State; 
                      and
                          (ii) $5,000,000 to Sanders County in the 
                      State.
            (2) Amount of payments.--The amount of the payments under 
        paragraph (1)(A) shall be equal to the amount each county would 
        have received if this Act had not been enacted.
            (3) Treatment of land for purposes of calculating 
        payments.--For the limited purposes of calculating payments to 
        Lake County and Sanders County under this subsection and section 
        401 of the Act of June 15, 1935 (16 U.S.C. 715s), the land 
        restored by section 13 shall be treated as a fee area

[[Page 134 STAT. 3038]]

        (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 <<NOTE: Taxpayer Certainty and Disaster Tax Relief 
Act of 2020. 26 USC 1 note.>>  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.

[[Page 134 STAT. 3039]]

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 <<NOTE: 26 USC 213.>>  is amended--
            (1) by striking ``10 percent'' in subsection (a) and 
        inserting ``7.5 percent'', and
            (2) by striking subsection (f).

    (b) <<NOTE: 26 USC 213 note.>>  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).

[[Page 134 STAT. 3040]]

    (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) <<NOTE: Determination.>>  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) <<NOTE: Definition. Consultation. Deadline.>>  
        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) <<NOTE: 26 USC 179D note.>>  Effective Date.--The amendments 
made by this section shall apply to property placed in service after 
December 31, 2020.
SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND 
                          EMERGENCY MEDICAL RESPONDERS.

    (a) In General.--Section 139B <<NOTE: 26 USC 139B.>>  is amended by 
striking subsection (d).

    (b) <<NOTE: 26 USC 139B note.>>  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.--

[[Page 134 STAT. 3041]]

            (1) In general.--Section 25A(d) <<NOTE: 26 USC 25A.>>  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 <<NOTE: 26 USC 211 prec.>>  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) <<NOTE: 26 USC 25A note.>>  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) <<NOTE: 26 USC 45G note.>>  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)),

[[Page 134 STAT. 3042]]

                    ``(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) <<NOTE: 26 USC 263A note.>>  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) <<NOTE: 26 USC 5051.>>  
        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) <<NOTE: 26 USC 5051 note.>>  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:

[[Page 134 STAT. 3043]]

``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) <<NOTE: 26 USC 5414 note.>>  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) <<NOTE: 26 USC 5041.>>  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',

[[Page 134 STAT. 3044]]

                          ``(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) <<NOTE: 26 USC 5041 note.>>  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) <<NOTE: 26 USC 5041 note.>>  Effective date.--The 
        amendments made by this subsection shall apply to wine removed 
        after December 31, 2020.

    (f) Definition of Mead and Low Alcohol by Volume Wine.--
            (1) In general.--Section 5041(h) is amended--
                    (A) in paragraph (2), by striking ``the Secretary 
                shall'' each place it appears and inserting ``the 
                Secretary may'', and
                    (B) by striking paragraph (3).
            (2) <<NOTE: 26 USC 5041 note.>>  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) <<NOTE: 26 USC 5001.>>  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

[[Page 134 STAT. 3045]]

                    (C) by striking paragraph (4).
            (2) <<NOTE: 26 USC 5001 note.>>  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 <<NOTE: 26 USC 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) <<NOTE: 26 USC 5212 note.>>  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) <<NOTE: 26 USC 5555 note.>>  Effective date.--The 
        amendment made by this subsection shall apply to calendar 
        quarters beginning after December 31, 2020.
SEC. 107. <<NOTE: Determinations.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 3046]]

                                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) <<NOTE: Applicability.>>  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 <<NOTE: 26 USC 
                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) <<NOTE: 26 USC 5001 note.>>  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--

[[Page 134 STAT. 3047]]

                                    ``(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) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 5051 note.>>  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), <<NOTE: 26 USC 5041.>>  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

[[Page 134 STAT. 3048]]

                          ``(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) <<NOTE: Applicability.>>  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) <<NOTE: 26 USC 5041 note.>>  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. <<NOTE: 26 USC 6038E.>>  INFORMATION WITH RESPECT TO 
                          ASSIGNMENT OF LOWER RATES OR REFUNDS BY 
                          FOREIGN PRODUCERS OF BEER, WINE, AND 
                          DISTILLED SPIRITS.

    ``Any foreign producer that elects to make an assignment described 
in section 5001(c), 5041(c), or 5051(a) shall provide such information, 
at such time and in such manner, as the Secretary may prescribe in order 
to make such assignment, including information about the controlled 
group structure of such foreign producer.''.
            (2) Clerical amendment.--Table of sections for subpart A of 
        part III of subchapter A of chapter 61 <<NOTE: 26 USC 6031 
        prec.>>  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) <<NOTE: Applicability. 26 USC 6038E note.>>  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) <<NOTE: Coordination. 26 USC 5001 note.>>  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) <<NOTE: Requirement. 26 USC 5001 note.>>  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

[[Page 134 STAT. 3049]]

enforce the volume limitations under sections 5001(c), 5041(c), and 
5051(a) of such Code.

    (g) <<NOTE: Coordination. Public information.>>  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 <<NOTE: 26 USC 5068.>>  as 
section 5068 and by inserting after section 5066 the following new 
section:
``SEC. 5067. <<NOTE: 26 USC 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 <<NOTE: 26 USC 5061 prec.>>  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) <<NOTE: 26 USC 5067 note.>>  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) <<NOTE: 26 USC 5001 note.>>  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) <<NOTE: 26 USC 5051.>>  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.

[[Page 134 STAT. 3050]]

    (c) Distilled Spirits.--
            (1) In general.--Section 5001(c)(2)(D) <<NOTE: 26 USC 
        5001.>>  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) <<NOTE: 26 USC 5001 note.>>  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) <<NOTE: Applicability. 26 USC 954 note.>>  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) <<NOTE: 26 USC 45D note.>>  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) <<NOTE: 26 USC 51 note.>>  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) <<NOTE: 26 USC 108 note.>>  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) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendment made 
by this section shall apply to property placed in service after December 
31, 2020.

[[Page 134 STAT. 3051]]

SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.

    (a) Extension.--Section 181(g) <<NOTE: 26 USC 181.>>  is amended by 
striking ``December 31, 2020'' and inserting ``December 31, 2025''.

    (b) <<NOTE: 26 USC 181 note.>>  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) <<NOTE: 26 USC 4611 note.>>  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) <<NOTE: 26 USC 1391 note.>>  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) <<NOTE: 26 USC 1391 note.>>  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) <<NOTE: 26 USC 45S note.>>  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) <<NOTE: 26 USC 127 note.>>  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''.

[[Page 134 STAT. 3052]]

            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) <<NOTE: 26 USC 45.>>  are each amended by striking ``January 1, 
2021'' each place it appears and inserting ``January 1, 2022'':
            (1) Paragraph (1).
            (2) Paragraph (2)(A).
            (3) Paragraph (3)(A).
            (4) Paragraph (4)(B).
            (5) Paragraph (6).
            (6) Paragraph (7).
            (7) Paragraph (9).
            (8) Paragraph (11)(B).

    (b) Extension of Election to Treat Qualified Facilities as Energy 
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 
2021'' and inserting ``January 1, 2022''.
    (c) Conforming Amendments Related to Application of Phaseout 
Percentage.--
            (1) Section 45(b)(5)(D) is amended by striking ``January 1, 
        2021'' and inserting ``January 1, 2022''.
            (2) Section 48(a)(5)(E)(iv) is amended by striking ``January 
        1, 2021'' and inserting ``January 1, 2022''.

    (d) <<NOTE: 26 USC 45 note.>>  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

[[Page 134 STAT. 3053]]

                          (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) <<NOTE: 26 USC 
        48.>>  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) <<NOTE: 26 USC 48 note.>>  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) <<NOTE: 26 USC 163 note.>>  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) <<NOTE: 26 USC 35 note.>>  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) <<NOTE: 26 USC 45A note.>>  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) <<NOTE: 26 USC 45N note.>>  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) <<NOTE: 26 USC 168 note.>>  Effective Date.--The amendments made 
by this section shall apply to property placed in service after December 
31, 2020.

[[Page 134 STAT. 3054]]

SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN 
                          RESERVATIONS.

    (a) In General.--Section 168(j)(9) <<NOTE: 26 USC 168.>>  is amended 
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.

    (b) <<NOTE: 26 USC 168 note.>>  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 <<NOTE: 26 USC 30A note.>>  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) <<NOTE: 26 USC 30A note.>>  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) <<NOTE: 26 USC 40 note.>>  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) <<NOTE: 26 USC 25C note.>>  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) <<NOTE: 26 USC 30B note.>>  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) <<NOTE: 26 USC 30C note.>>  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) <<NOTE: 26 USC 30D note.>>  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) <<NOTE: 26 USC 45 note.>>  Effective Date.--The amendments made 
by this section shall apply to coal produced after December 31, 2020.

[[Page 134 STAT. 3055]]

SEC. 146. ENERGY EFFICIENT HOMES CREDIT.

    (a) In General.--Section 45L(g) <<NOTE: 26 USC 45L.>>  is amended by 
striking ``December 31, 2020'' and inserting ``December 31, 2021''.

    (b) <<NOTE: 26 USC 45L note.>>  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) <<NOTE: 26 USC 6426 note.>>  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) <<NOTE: Definitions.>>  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).

[[Page 134 STAT. 3056]]

                    (B) <<NOTE: 26 USC 35C.>>  Conforming amendment.--
                Section 25C(d) is amended by striking paragraph (6).

    (c) Effective Date.--
            (1) <<NOTE: 26 USC 25D note.>>  Extension.--The amendments 
        made by subsection (a) shall apply to property placed in service 
        after December 31, 2020.
            (2) <<NOTE: 26 USC 25C note.>>  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) <<NOTE: 26 USC 4121 note.>>  Effective Date.--The amendment made 
by this section shall apply to sales after December 31, 2020.

                       TITLE II--OTHER PROVISIONS

SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.

    (a) In General.--Subsection (b) of section 42 is amended--
            (1) by redesignating paragraph (3) as paragraph (4), and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Minimum credit rate.--In the case of any new or 
        existing building to which paragraph (2) does not apply and 
        which is placed in service by the taxpayer after December 31, 
        2020, the applicable percentage shall not be less than 4 
        percent.''.

    (b) <<NOTE: Applicability. 26 USC 42 note.>>  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 <<NOTE: 26 USC 168 note.>>  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.''.

[[Page 134 STAT. 3057]]

SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY 
                          CREDIT.

    (a) <<NOTE: 26 USC 48.>>  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) <<NOTE: Applicability. 26 USC 48 note.>>  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'.

[[Page 134 STAT. 3058]]

                          ``(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) <<NOTE: 26 USC 48 note.>>  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) <<NOTE: 26 USC 
        7702.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Definitions.>>  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--

[[Page 134 STAT. 3059]]

                    ``(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 <<NOTE: Time period.>>  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) <<NOTE: Effective dates.>>  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) <<NOTE: Termination date.>>  ends 
                      immediately before the beginning of the first 
                      adjustment year that beings after December 31, 
                      2021.''.

    (e) <<NOTE: 26 USC 7702 note.>>  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 <<NOTE: Ante, p. 347.>>  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:

[[Page 134 STAT. 3060]]

                          ``(ii) any reference in this section to gross 
                      receipts shall be treated as a reference to gross 
                      receipts within the meaning of section 6033 of 
                      such Code.''.

    (b) Modification of Treatment of Health Plan Expenses.--Section 
2301(c) of the CARES Act is amended--
            (1) by striking subparagraph (C) of paragraph (3), and
            (2) in paragraph (5)--
                    (A) by striking ``The term'' and inserting the 
                following:
                    ``(A) In general.--The term'', and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Allowance for certain health plan expenses.--
                          ``(i) In general.--Such term shall include 
                      amounts paid by the eligible employer to provide 
                      and maintain a group health plan (as defined in 
                      section 5000(b)(1) of the Internal Revenue Code of 
                      1986), but only to the extent that such amounts 
                      are excluded from the gross income of employees by 
                      reason of section 106(a) of such Code.
                          ``(ii) Allocation rules.--For purposes of this 
                      section, amounts treated as wages under clause (i) 
                      shall be treated as paid with respect to any 
                      employee (and with respect to any period) to the 
                      extent that such amounts are properly allocable to 
                      such employee (and to such period) in such manner 
                      as the Secretary may prescribe. Except as 
                      otherwise provided by the Secretary, such 
                      allocation shall be treated as properly made if 
                      made on the basis of being pro rata among periods 
                      of coverage.''.

    (c) Improved Coordination Between Paycheck Protection Program and 
Employee Retention Tax Credit.--
            (1) Amendment to paycheck protection program.--Section 
        7A(a)(12) of the Small Business Act, as redesignated, 
        transferred, and amended by the Economic Aid to Hard-Hit Small 
        Businesses, Nonprofits, and Venues Act, <<NOTE: 15 USC 636m.>>  
        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 <<NOTE: Ante, p. 350.>>  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 <<NOTE: Consultation.>>  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

[[Page 134 STAT. 3061]]

        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 <<NOTE: Ante, p. 350.>>  is amended by 
                      striking subsection (j).
                          (ii) Section 2301(l) of the CARES 
                      Act <<NOTE: Ante, p. 350.>>  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) <<NOTE: 26 USC 3111 note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period.>>  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.--

[[Page 134 STAT. 3062]]

            (1) In general.--Section 2301(m) of the CARES 
        Act <<NOTE: Ante, p. 351.>>  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 <<NOTE: Ante, p. 348.>>  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) <<NOTE: Ante, p. 
347.>>  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 <<NOTE: Ante, p. 347.>>  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 <<NOTE: Applicability.>>  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) <<NOTE: Applicability.>>  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

[[Page 134 STAT. 3063]]

                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 <<NOTE: Ante, p. 349.>>  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 <<NOTE: Determination.>>  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 <<NOTE: Ante, 
        p. 348.>>  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 <<NOTE: Ante, p. 350.>>  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.--

[[Page 134 STAT. 3064]]

            ``(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) <<NOTE: Regulations.>>  In general.--Under 
                rules provided by the Secretary, an eligible employer 
                for which the average number of full-time employees 
                (within the meaning of section 4980H of the Internal 
                Revenue Code of 1986) employed by such eligible employer 
                during 2019 was not greater than 500 may elect for any 
                calendar quarter to receive an advance payment of the 
                credit under subsection (a) for such quarter in an 
                amount not to exceed 70 percent of the average quarterly 
                wages paid by the employer in calendar year 2019.
                    ``(B) Special rule for seasonal employers.--In the 
                case of any employer who employs seasonal workers (as 
                defined in section 45R(d)(5)(B) of the Internal Revenue 
                Code of 1986), the employer may elect to substitute `the 
                wages for the calendar quarter in 2019 which corresponds 
                to the calendar quarter to which the election relates' 
                for `the average quarterly wages paid by the employer in 
                calendar year 2019'.
                    ``(C) Special rule for employers not in existence in 
                2019.--In the case of any employer that was not in 
                existence in 2019, subparagraphs (A) and (B) shall each 
                be applied by substituting `2020' for `2019' each place 
                it appears.
            ``(3) Reconciliation of credit with advance payments.--
                    ``(A) In general.--The amount of credit which would 
                (but for this subsection) be allowed under this section 
                shall be reduced (but not below zero) by the aggregate 
                payment allowed to the taxpayer under paragraph (2). Any 
                failure to so reduce the credit shall be treated as 
                arising out of a mathematical or clerical error and 
                assessed according to section 6213(b)(1) of the Internal 
                Revenue Code of 1986.
                    ``(B) Excess advance payments.--If the advance 
                payments to a taxpayer under paragraph (2) for a 
                calendar quarter exceed the credit allowed by this 
                section (determined without regard to subparagraph (A)), 
                the tax imposed by chapter 21 or 22 of the Internal 
                Revenue Code of 1986 (whichever is applicable) for the 
                calendar quarter shall be increased by the amount of 
                such excess.''.
            (2) Conforming amendments.--Section 2301(l) of the CARES 
        Act, as amended by section 206 and subsection (d)(2)(B), is 
        amended--
                    (A) by inserting ``as provided in subsection 
                (j)(2)'' after ``subsection (a)'' in paragraph (1),
                    (B) by striking paragraph (2), and
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.

    (h) Third-party Payors.--Section 2301(l) of the CARES Act, as 
amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended 
by adding at the end the following flush sentence:
``Any <<NOTE: Requirement.>>  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

[[Page 134 STAT. 3065]]

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 <<NOTE: Ante, p. 
347.>>  of the CARES Act is amended by adding at the end the following 
new subsection:

    ``(n) Public Awareness Campaign.--
            ``(1) <<NOTE: Coordination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: 26 USC 3111 note.>>  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) <<NOTE: 26 USC 
401.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  before 
                      December 31, 2011, at a time when the plan 
                      provided that distributions may be made to

[[Page 134 STAT. 3066]]

                      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) <<NOTE: 26 USC 401 note.>>  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. <<NOTE: Time period. 26 USC 411 note.>>  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 <<NOTE: 26 USC 274.>>  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) <<NOTE: 26 USC 274 note.>>  Effective Date.--The amendments made 
by this section shall apply to amounts paid or incurred after December 
31, 2020.
SEC. 211. <<NOTE: 26 USC 32 note.>>  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,

[[Page 134 STAT. 3067]]

        an incorrect use on a return of earned income pursuant to 
        subsection (a) shall be treated as a mathematical or clerical 
        error.
            (2) <<NOTE: Applicability.>>  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 <<NOTE: 26 USC 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 <<NOTE: Applicability.>>  the case of any 
portion of an underpayment which is attributable to one or more 
overstatements of the deduction provided in section 170(p), subsection 
(a) shall be applied with respect to such portion by substituting `50 
percent' for `20 percent'.''.
            (3) Exception to approval of assessment.--Section 
        6751(b)(2)(A) is amended by striking ``or 6655'' and inserting 
        ``6655, or 6662 (but only with respect to an addition to tax by 
        reason of subsection (b)(9) thereof)''.

    (b) Conforming Amendments.--
            (1) Section 63(b) is amended by striking ``and'' at the end 
        of paragraph (2), by striking the period at the end of paragraph 
        (3) and inserting ``, and'', and by adding at the end the 
        following new paragraph:
            ``(4) the deduction provided in section 170(p).''.
            (2) Section 63(d) is amended by adding ``and'' at the end of 
        paragraph (1), by striking paragraphs (2) and (3), and by 
        inserting after paragraph (1) the following new paragraph:
            ``(2) any deduction referred to in any paragraph of 
        subsection (b).''.

[[Page 134 STAT. 3068]]

    (c) Repeal of Superseded Provisions.--
            (1) In general.--Section 62(a) <<NOTE: 26 USC 62.>>  is 
        amended by striking paragraph (22).
            (2) Conforming amendment.--Section 62 is amended by striking 
        subsection (f).

    (d) <<NOTE: 26 USC 62 note.>>  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 <<NOTE: Ante, p. 346.>>  are each amended by inserting 
``or 2021'' after ``2020''.

    (b) Conforming Amendment.--The heading of section 2205 of the CARES 
Act <<NOTE: Ante, p. 345.>>  is amended by striking 
``<SUP>modification of limitations on charitable contributions during</SUP>
 2020'' and inserting 
``<SUP>temporary modification of limitations on charitable contributions</SUP>
''.

    (c) <<NOTE: 26 USC 170 note.>>  Effective Date.--The amendments made 
by this section shall apply to contributions made after December 31, 
2020.
SEC. 214. <<NOTE: 26 USC 125 note.>>  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

[[Page 134 STAT. 3069]]

        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) <<NOTE: Applicability. Determination.>>  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) <<NOTE: Time periods.>>  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

[[Page 134 STAT. 3070]]

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. <<NOTE: President.>>  DEFINITIONS.

    For purposes of this title--
            (1) Qualified disaster area.--
                    (A) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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.--

[[Page 134 STAT. 3071]]

            (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) <<NOTE: Definition.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Time period. Effective date.>>  In 
                general.--Any individual who receives a qualified 
                disaster distribution may, at any time during the 3-year 
                period beginning on the day after the date on which such 
                distribution was received, make 1 or more contributions 
                in an aggregate amount not to exceed the amount of such 
                distribution to an eligible retirement plan of which 
                such individual is a beneficiary and to which a rollover 
                contribution of such distribution could be made under 
                section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 
                457(e)(16), of the Internal Revenue Code of 1986, as the 
                case may be.
                    (B) Treatment of repayments of distributions from 
                eligible retirement plans other 
                than <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3072]]

                    (C) Treatment of repayments of distributions 
                from <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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.

[[Page 134 STAT. 3073]]

    (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) <<NOTE: Applicability.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Time periods. Applicability.>>  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

[[Page 134 STAT. 3074]]

        defined in section 72(p)(4) of the Internal Revenue Code of 
        1986)--
                    (A) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Effective date.>>  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

[[Page 134 STAT. 3075]]

                                    (II) ending on the date described in 
                                subparagraph (A)(ii) (or, if earlier, 
                                the date the plan or contract amendment 
                                is adopted),
                the plan or contract is operated as if such plan or 
                contract amendment were in effect, and
                          (ii) such plan or contract amendment applies 
                      retroactively for such period.
SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY 
                          QUALIFIED DISASTERS.

    (a) In General.--For purposes of section 38 of the Internal Revenue 
Code of 1986, in the case of an eligible employer, the 2020 qualified 
disaster employee retention credit shall be treated as a credit listed 
at the end of subsection (b) of such section. For purposes of this 
subsection, the 2020 qualified disaster employee retention credit for 
any taxable year is an amount equal to 40 percent of the qualified wages 
with respect to each eligible employee of such employer for such taxable 
year. The amount of qualified wages with respect to any employee which 
may be taken into account under this subsection by the employer for any 
taxable year shall not exceed $6,000 (reduced by the amount of qualified 
wages with respect to such employee taken into account for any prior 
taxable year).
    (b) Definitions.--For purposes of this section--
            (1) Eligible employer.--The term ``eligible employer'' means 
        any employer--
                    (A) which conducted an active trade or business in a 
                qualified disaster zone at any time during the incident 
                period of the qualified disaster with respect to such 
                qualified disaster zone, and
                    (B) with respect to whom the trade or business 
                described in subparagraph (A) is inoperable at any time 
                during the period beginning on the first day of the 
                incident period of such qualified disaster and ending on 
                the date of the enactment of this Act, as a result of 
                damage sustained by reason of such qualified disaster.
            (2) Eligible employee.--The term ``eligible employee'' means 
        with respect to an eligible employer an employee whose principal 
        place of employment with such eligible employer (determined 
        immediately before the qualified disaster referred to in 
        paragraph (1)) was in the qualified disaster zone referred to in 
        such paragraph.
            (3) Qualified wages.--The term ``qualified wages'' means 
        wages (as defined in section 51(c)(1) of the Internal Revenue 
        Code of 1986, but without regard to section 3306(b)(2)(B) of 
        such Code) paid or incurred by an eligible employer with respect 
        to an eligible employee at any time on or after the date on 
        which the trade or business described in paragraph (1) first 
        became inoperable at the principal place of employment of the 
        employee (determined immediately before the qualified disaster 
        referred to in such paragraph) and before the earlier of--
                    (A) the date on which such trade or business has 
                resumed significant operations at such principal place 
                of employment, or

[[Page 134 STAT. 3076]]

                    (B) <<NOTE: Time period.>>  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 <<NOTE: 26 USC 3111 
                      note.>>  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''.

[[Page 134 STAT. 3077]]

                          (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 <<NOTE: Ante, p. 347.>>  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) <<NOTE: Waiver. Determination.>>  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.

[[Page 134 STAT. 3078]]

            (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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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 --

[[Page 134 STAT. 3079]]

                          (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) <<NOTE: Applicability.>>  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) <<NOTE: Definition.>>  Qualified disaster relief 
        contribution.--For purposes of this subsection, the term 
        ``qualified disaster relief contribution'' means any qualified 
        contribution (as defined in section 2205(a)(3) of the CARES Act) 
        if--
                    (A) such contribution--
                          (i) <<NOTE: Time period.>>  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) <<NOTE: Definitions.>>  Special Rules for Qualified Disaster-
related Personal Casualty Losses.--

[[Page 134 STAT. 3080]]

            (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.

[[Page 134 STAT. 3081]]

                    (B) <<NOTE: Definition.>>  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) <<NOTE: Applicability.>>  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. <<NOTE: Determination.>>  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. <<NOTE: Plan.>>  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.

[[Page 134 STAT. 3082]]

    (c) <<NOTE: Definition.>>  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)--

[[Page 134 STAT. 3083]]

                          (i) by striking ``for the duration of the 
                      qualifying emergency and the following payment 
                      period,'' and inserting ``until all covered 
                      periods for foreign institutions that entered into 
                      written arrangements under paragraph (1) have 
                      ended,''; and
                          (ii) by striking ``identifies each foreign 
                      institution that entered into a written 
                      arrangement under subsection (a).'' and inserting 
                      the following: identifies, for each such foreign 
                      institution--
                    ``(A) the name of the foreign institution;
                    ``(B) the name of the institution of higher 
                education located in the United States that has entered 
                into a written arrangement with such foreign 
                institution; and
                    ``(C) information regarding the nature of such 
                written arrangement, including which coursework or 
                program requirements are accomplished at each respective 
                institution.''; and
            (5) by adding at the end the following:

    ``(e) Definition of Covered Period.--
            ``(1) In general.--In this section, the term `covered 
        period', when used with respect to a foreign institution of 
        higher education, means the period--
                    ``(A) beginning on the first day of--
                          ``(i) a qualifying emergency; or
                          ``(ii) a public health emergency, major 
                      disaster or emergency, or national emergency 
                      declared by the applicable government authorities 
                      in the country in which the foreign institution is 
                      located; and
                    ``(B) ending on the later of--
                          ``(i) subject to paragraph (2), the last day 
                      of the payment period, for purposes of title IV of 
                      the Higher Education Act of 1965 (20 U.S.C. 1070 
                      et seq.), following the end of any qualifying 
                      emergency or any emergency or disaster described 
                      in subparagraph (A)(ii) applicable to the foreign 
                      institution; or
                          ``(ii) June 30, 2022.
            ``(2) Special rule for certain payment periods.--For 
        purposes of subparagraph (B)(i), if the following payment period 
        for an award year ends before June 30 of such award year, the 
        covered period shall be extended until June 30 of such award 
        year.''.

    (b) <<NOTE: 20 USC 1001 note.>>  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

[[Page 134 STAT. 3084]]

        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.-- 
        <<NOTE: Determination.>> 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) <<NOTE: 26 USC 6103 note.>>  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

[[Page 134 STAT. 3085]]

                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),''.

[[Page 134 STAT. 3086]]

                    (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) <<NOTE: 26 USC 6103 note.>>  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

[[Page 134 STAT. 3087]]

                      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) <<NOTE: Time period.>>  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) <<NOTE: Review.>>  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

[[Page 134 STAT. 3088]]

        amended by striking ``paragraph (1)(A)(i)'' both places the term 
        appears and inserting ``paragraph (1)(A)(i)(I)''.
SEC. 104. <<NOTE: 20 USC 9622 note.>>  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 <<NOTE: Saguaro National Park Boundary Expansion Act. 16 
                          USC 410zz note.>> . 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:

[[Page 134 STAT. 3089]]

            ``(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) <<NOTE: New River Gorge National Park and Preserve Designation 
Act. 16 USC 410eeee.>>  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--

[[Page 134 STAT. 3090]]

                          (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

[[Page 134 STAT. 3091]]

        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. <<NOTE: Miracle Mountain Designation Act.>>  DESIGNATION 
                          OF MIRACLE MOUNTAIN.

    (a) Short Title.--This section may be cited as the ``Miracle 
Mountain Designation Act''.
    (b) Findings.--Congress finds as follows:
            (1) On September 13, 2018, the Bald Mountain Fire burned 
        nearly 20,000 acres of land in Utah.
            (2) Elk Ridge City, located in Utah County, was nearly the 
        victim of this fire.
            (3) Suddenly, the fire halted its progression and, instead 
        of burning into Elk Ridge City, stayed behind the mountain and 
        spared the city.
            (4) Congress, in acknowledgment of this event, believes this 
        mountain holds special significance to the residents of Elk 
        Ridge City and surrounding communities.
            (5) The presently unnamed peak has been referred to as 
        ``Miracle Mountain'' by many residents since the fire that 
        nearly went into Elk Ridge City.

    (c) Designation.--The mountain in the State of Utah, located at 39 
59' 02N, 111 40' 12W, shall be known and designated as ``Miracle 
Mountain''.
    (d) References.--Any reference in a law, map, regulation, document, 
record, or other paper of the United States to the mountain described in 
subsection (c) shall be considered to be a reference to ``Miracle 
Mountain''.

     TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

  Subtitle A--Robert Levinson <<NOTE: Robert Levinson Hostage Recovery 
 and Hostage-Taking Accountability Act.>>  Hostage Recovery and Hostage-
taking Accountability Act
SEC. 301. <<NOTE: 22 USC 1741 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Robert Levinson Hostage Recovery 
and Hostage-Taking Accountability Act''.
SEC. 302. <<NOTE: 22 USC 1741.>>  ASSISTANCE FOR UNITED STATES 
                          NATIONALS UNLAWFULLY OR WRONGFULLY 
                          DETAINED ABROAD.

    (a) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 3092]]

            (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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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;

[[Page 134 STAT. 3093]]

                    (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) <<NOTE: Deadline.>>  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. <<NOTE: 22 USC 1741a.>>  SPECIAL ENVOY FOR HOSTAGE 
                          AFFAIRS.

    (a) <<NOTE: President.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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;

[[Page 134 STAT. 3094]]

            (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. <<NOTE: 22 USC 1741b.>>  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) <<NOTE: Coordination.>>  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;

[[Page 134 STAT. 3095]]

                    (B) <<NOTE: Coordination.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Coordination.>>  coordinate with 
                agencies regarding congressional, media, and other 
                public inquiries pertaining to hostage events.

    (e) Administration.--The Hostage Recovery Fusion Cell shall be 
located within the Federal Bureau of Investigation for administrative 
purposes.
SEC. 305. <<NOTE: 22 USC 1741c.>>  HOSTAGE RESPONSE GROUP.

    (a) <<NOTE: President. Coordination.>>  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) <<NOTE: Recommenda- tion.>>  identify and recommend 
        hostage recovery options and strategies to the President through 
        the National Security Council;

[[Page 134 STAT. 3096]]

            (2) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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. <<NOTE: 22 USC 1741d.>>  AUTHORIZATION OF IMPOSITION OF 
                          SANCTIONS.

    (a) <<NOTE: President. Determination.>>  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

[[Page 134 STAT. 3097]]

                                    (II) cancel any other valid visa or 
                                entry documentation that is in the 
                                alien's possession.
            (2) Blocking of property.--
                    (A) <<NOTE: President.>>  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) <<NOTE: President. Determination.>>  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.

[[Page 134 STAT. 3098]]

    (f) <<NOTE: President.>>  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) <<NOTE: President.>>  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. <<NOTE: 22 USC 1741e.>>  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.

[[Page 134 STAT. 3099]]

SEC. 308. <<NOTE: 22 USC 1741f.>>  RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to authorize a private right of 
action.

 Subtitle B--Taiwan <<NOTE: Taiwan Assurance Act of 2020.>>  Assurance 
Act of 2020
SEC. 311. <<NOTE: 22 USC 3301 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.
SEC. 312. FINDINGS.

    Congress makes the following findings:
            (1) April 10, 2019, marked the 40th anniversary of the 
        Taiwan Relations Act of 1979 (Public Law 96-8).
            (2) Since 1949, the close relationship between the United 
        States and Taiwan has benefitted both parties and the broader 
        Indo-Pacific region.
            (3) The security of Taiwan and its democracy are key 
        elements of continued peace and stability of the greater Indo-
        Pacific region, which is in the political, security, and 
        economic interests of the United States.
            (4) The People's Republic of China is currently engaged in a 
        comprehensive military modernization campaign to enhance the 
        power-projection capabilities of the People's Liberation Army 
        and its ability to conduct joint operations, which is shifting 
        the military balance of power across the Taiwan Strait.
            (5) Taiwan and its diplomatic partners continue to face 
        sustained pressure and coercion from the People's Republic of 
        China, which seeks to isolate Taiwan from the international 
        community.
            (6) It is the policy of the United States to reinforce its 
        commitments to Taiwan under the Taiwan Relations Act in a manner 
        consistent with the ``Six Assurances'' and in accordance with 
        the United States ``One China'' policy.
            (7) In the Taiwan Travel Act, which became law on March 16, 
        2018, Congress observed that the ``self-imposed restrictions 
        that the United States maintains on high-level visits'' between 
        the United States and Taiwan have resulted in insufficient high-
        level communication.
SEC. 313. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) Taiwan is a vital part of the United States Free and 
        Open Indo-Pacific Strategy;
            (2) the United States Government--
                    (A) supports Taiwan's continued pursuit of 
                asymmetric capabilities and concepts; and
                    (B) urges Taiwan to increase its defense spending in 
                order to fully resource its defense strategy; and
            (3) the United States should conduct regular sales and 
        transfers of defense articles to Taiwan in order to enhance its 
        self-defense capabilities, particularly its efforts to develop 
        and integrate asymmetric capabilities, including undersea 
        warfare and air defense capabilities, into its military forces.

[[Page 134 STAT. 3100]]

SEC. 314. <<NOTE: 22 USC 3301 note.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3101]]

            (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 <<NOTE: Belarus Democracy, Human Rights, and 
Sovereignty Act of 2020.>>  for Human Rights in Belarus
SEC. 321. <<NOTE: 22 USC 5801 note.>>  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

[[Page 134 STAT. 3102]]

        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--

[[Page 134 STAT. 3103]]

                          ``(i) early voting ballot stuffing;
                          ``(ii) ballot burning;
                          ``(iii) pressuring poll workers; and
                          ``(iv) removing bags full of ballots by 
                      climbing out of windows;
                    ``(C) included restrictive measures that impeded the 
                work of local independent observers and did not provide 
                sufficient notice to the OSCE to allow for the OSCE to 
                monitor the elections, as is customary.
            ``(19) Incumbent president Alyaksandr Lukashenka declared a 
        landslide victory in the election and claimed to have received 
        more than 80 percent of the votes cast in the election.
            ``(20) The leading opposition candidate, Sviatlana 
        Tsikhanouskaya--
                    ``(A) formally disputed the government's reported 
                election results;
                    ``(B) explained that her staff had examined the 
                election results from more than 50 polling places; and
                    ``(C) found that her share of the vote exceeded 
                Lukashenka's share by many times.
            ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was 
        detained while attending a meeting with the Central Election 
        Commission of the Republic of Belarus and forced to flee to 
        Lithuania under pressure from government authorities.
            ``(22) On August 11, 2020, Lithuanian Foreign Minister Linas 
        Linkevicius announced that Sviatlana Tsikhanouskaya was safe in 
        Lithuania and has continued to be one of the strongest voices 
        supporting the pro-democracy movement in Belarus within the 
        European Union and globally.
            ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya 
        announced the formation of a Coordination Council to oversee a 
        resolution to the crisis in Belarus and a peaceful transition of 
        power by subjecting the Council's senior members to violence, 
        detention, and forced exile. The Government of Belarus, led 
        illegally by Alyaksandr Lukashenka, has sought to stop the work 
        of the Coordination Council.
            ``(24) Before the European Parliament on August 25, 2020, 
        Sviatlana Tsikhanouskaya stressed that a `peaceful revolution' 
        was underway in Belarus, and that `It is neither a pro-Russian 
        nor anti-Russian revolution. It is neither an anti-European 
        Union nor a pro-European Union revolution. It is a democratic 
        revolution.'.
            ``(25) On or around September 6, 2020, opposition leader 
        Maria Kalesnikava and members of the Coordination Council, 
        including Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov, 
        were detained by authorities who sought to forcibly expel them 
        to Ukraine. Ms. Kalesnikava tore up her passport at the 
        Ukrainian border in a successful effort to prevent this 
        expulsion, subsequently disappeared, and was discovered in a 
        Minsk prison on September 9, 2020.
            ``(26) On August 11, 2020, the European Union High 
        Representative for Foreign and Security Policy, Josep Borrell, 
        issued a declaration on the presidential election in Belarus 
        stating that the elections were neither free nor fair.

[[Page 134 STAT. 3104]]

            ``(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;

[[Page 134 STAT. 3105]]

                    ``(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.''.

[[Page 134 STAT. 3106]]

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) <<NOTE: Alyaksandr Lukashenka.>>  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

[[Page 134 STAT. 3107]]

        an OSCE participating state and as a signatory of the Charter of 
        the United Nations;
            ``(10) to support an OSCE role in mediating a dialogue 
        within Belarus between the government and genuine 
        representatives of Belarusian society;
            ``(11) to recognize the Coordination Council as a legitimate 
        institution to participate in a dialogue on a peaceful 
        transition of power;
            ``(12) to applaud the commitment by foreign diplomats in 
        Minsk to engage with Coordination Council member and Nobel 
        Laureate, Svetlana Alexievich, and to encourage an ongoing 
        dialogue with her and with other leaders of the democratically-
        oriented political opposition in Belarus;
            ``(13) to urge an expanded United States diplomatic presence 
        in Belarus to advocate for the aspirations of the people of 
        Belarus for democracy, human rights, and the rule of law;
            ``(14) to encourage the United States Government--
                    ``(A) to continue working closely with the European 
                Union, the United Kingdom, Canada, and other countries 
                and international organizations to promote the 
                principles of democracy, the rule of law, and human 
                rights in Belarus; and
                    ``(B) <<NOTE: Coordination.>>  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: 
        ``<SUP>assistance to promote democracy, civil society, and sovereignty in belarus</SUP>
        .'';
            (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;

[[Page 134 STAT. 3108]]

            (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

[[Page 134 STAT. 3109]]

            (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) <<NOTE: President.>>  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) <<NOTE: President.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3110]]

                and Labor that enable the citizens of Belarus to 
                communicate securely and undertake internet activities 
                without interference from the Government of Belarus.
                    ``(C) Assist efforts to overcome attempts by the 
                Government of Belarus to disrupt internet access and 
                block content online.
                    ``(D) Monitor the cooperation of the Government of 
                Belarus with any foreign government or organization for 
                purposes related to the censorship or surveillance of 
                the internet, including an assessment of any such 
                cooperation in the preceding ten years.
                    ``(E) Monitor the purchase or receipt by the 
                Government of Belarus of any technology or training from 
                any foreign government or organization for purposes 
                related to the censorship or surveillance of the 
                internet, including an assessment of any such purchase 
                or receipt in the preceding ten years.
                    ``(F) Assist with the protection of journalists who 
                have been targeted for free speech activities, including 
                through the denial of accreditation.
                    ``(G) Provide cyber-attack mitigation services to 
                civil society organizations in Belarus.
                    ``(H) Provide resources for educational materials 
                and training on digital literacy, bypassing internet 
                censorship, digital safety, and investigative and 
                analytical journalism for independent journalists 
                working in Belarus.
                    ``(I) Build the capacity of civil society, media, 
                and other nongovernmental and organizations to identify, 
                track, and counter disinformation, including from 
                proxies of the Government of Russia working at 
                Belarusian state television.
            ``(2) Form.--The report required under paragraph (1) shall 
        be transmitted in unclassified form, but may contain a 
        classified annex.''.
SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended--
            (1) in subsection (b)--
                    (A) by striking ``December 19, 2010'' each place it 
                appears and inserting ``August 9, 2020'';
                    (B) in paragraph (2), by inserting ``, peaceful 
                protesters,'' after ``all opposition activists'';
                    (C) by striking paragraphs (3) and (6); and
                    (D) by redesignating paragraphs (4), (5), and (7) as 
                paragraphs (3), (4), and (5), respectively;
            (2) in subsection (c)--
                    (A) in the subsection heading, by inserting ``and 
                Russian Individuals Complicit in the Crackdown That 
                Occurred After the August 9, 2020, Election'' after 
                ``Belarus'';
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (C) by inserting after paragraph (3) the following:
            ``(4) is a member of the Central Election Commission of 
        Belarus or assisted the Commission in manipulating the 
        presidential election of August 9, 2020;'';

[[Page 134 STAT. 3111]]

                    (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 <<NOTE: President.>>  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

[[Page 134 STAT. 3112]]

        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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: Assessment.>>  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.--

[[Page 134 STAT. 3113]]

            ``(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.

[[Page 134 STAT. 3114]]

     Subtitle D--Gandhi-King <<NOTE: Gandhi-King Scholarly Exchange 
Initiative Act.>>  Scholarly Exchange Initiative Act
SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Gandhi-King Scholarly Exchange 
Initiative Act''.
SEC. 332. FINDINGS.

    Congress makes the following findings:
            (1) The peoples of the United States and India have a long 
        history of friendship and the interests of the peoples of the 
        United States, India, and the world will benefit from a stronger 
        United States-India partnership.
            (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr., 
        were dedicated leaders fighting for social justice and social 
        change, peace, and civil rights in their respective communities, 
        and countries and in the world.
            (3) The use of nonviolent civil disobedience is a shared 
        tactic that has played a key role in defeating social injustice 
        in India, the United States, and in other parts of the world.
            (4) Mohandas Gandhi, who was born on October 2, 1869, was 
        murdered on January 30, 1948, after dedicating his life to the 
        peaceful empowerment of the people of India and to the end of 
        British colonial rule.
            (5) Martin Luther King, Jr., who was born on January 15, 
        1929, was murdered on April 4, 1968, after a life dedicated to 
        peaceful movements against segregation, discrimination, racial 
        injustice, and poverty.
            (6) In February 1959, Dr. King and his wife, Coretta Scott 
        King, traveled throughout India. By the end of his monthlong 
        visit, Dr. King said, ``I am more convinced than ever before 
        that the method of nonviolent resistance is the most potent 
        weapon available to oppressed people in their struggle for 
        justice and human dignity.''.
            (7) Fifty years after Dr. King's visit, All India Radio, the 
        national radio station of India, discovered a taped message by 
        Dr. King that emphasized the intellectual harmony between the 
        messages of Dr. King and Mohandas Gandhi on nonviolent social 
        action.
            (8) On August 22, 2011, the Dr. Martin Luther King, Jr., 
        National Memorial opened to the public in Washington, DC. This 
        newest memorial on the National Mall pays tribute to Dr. King's 
        national and international contributions to world peace through 
        nonviolent social change.
            (9) The 116th Congress coincides with both the 150th birth 
        anniversary of Mohandas Gandhi and the 90th birth anniversary of 
        Dr. Martin Luther King, Jr.
            (10) Mohandas Gandhi, who employed the principle of 
        satyagraha, or ``fighting with peace'', has come to represent 
        the moral force inspiring many civil and social rights movement 
        around the world.
            (11) Dr. King's effective use of Gandhi's principles was 
        instrumental to the American civil rights movement.
            (12) There is a long history of civil and social rights 
        movements in the United States and in India. As the relationship 
        between the United States and India evolves, a binational

[[Page 134 STAT. 3115]]

        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--

[[Page 134 STAT. 3116]]

            (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.

[[Page 134 STAT. 3117]]

            (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) <<NOTE: Criteria.>>  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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 3118]]

        Foundation, to implementing partners of the Foundation, without 
        reimbursement to the United States Government.
            (2) Status.--Any United States Government officer or 
        employee, while detailed or assigned under this subsection, 
        shall be considered, for the purpose of preserving their 
        allowances, privileges, rights, seniority, and other benefits as 
        such, an officer or employee of the United States Government and 
        of the agency of the United States Government from which 
        detailed or assigned, and shall continue to receive 
        compensation, allowances, and benefits from program funds 
        appropriated to that agency or made available to that agency for 
        purposes related to the activities of the detail or assignment, 
        in accordance with authorities related to their employment 
        status and agency policies.
            (3) Sunset.--The authorities provided under this subsection 
        shall terminate on the date that is five years after the 
        establishment of the Foundation.
SEC. 336. REPORTING REQUIREMENTS.

    (a) Initial Reports.--Not later than 120 days after the date of the 
enactment of this Act--
            (1) the Secretary of State shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign Relations and 
        the Committee on Appropriations of the Senate a report on the 
        Secretary of State's plan to establish the initiative authorized 
        under section 333;
            (2) the president and chief executive officer of the United 
        States Institute of Peace shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign Relations and 
        the Committee on Appropriations of the Senate a report on the 
        president and chief executive officer's plan to establish the 
        initiative authorized under section 334; and
            (3) the Administrator of the United States Agency for 
        International Development shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the House 
        of Representatives and the Committee on Foreign Relations and 
        the Committee on Appropriations of the Senate a report on the 
        Administrator's plan to establish the organization authorized 
        under section 335.

    (b) Periodic Updates.--The Secretary of State, president and chief 
executive officer of the United States Institute of Peace, and 
Administrator of the United States Agency for International Development 
shall submit to the committees described in subsection (a)(3) an update 
on a semiannual basis regarding the progress in implementing each of the 
initiatives or establishing the organization referred to in such 
subsection.
SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out--
            (1) section 333, up to $1,000,000 for each of fiscal years 
        2021 through 2025 to the Secretary of State
            (2) section 334, up to $2,000,000 for fiscal year 2021 to 
        the United States Institute of Peace;

[[Page 134 STAT. 3119]]

            (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) <<NOTE: Coordination.>>  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;

[[Page 134 STAT. 3120]]

                    (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) <<NOTE: President.>>  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--

[[Page 134 STAT. 3121]]

            ``(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) <<NOTE: Deadline. Determination. Reports.>>  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) <<NOTE: Coordination.>>  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

[[Page 134 STAT. 3122]]

                    (C) by inserting after paragraph (5) the following 
                new paragraphs:
            ``(6) provide guidance with respect to all projects carried 
        out pursuant to assistance provided under section 616(e);
            ``(7) seek to establish international diplomatic coalitions 
        to--
                    ``(A) oppose any effort by the Government of the 
                People's Republic of China to select, educate, and 
                venerate Tibetan Buddhist religious leaders in a manner 
                inconsistent with the principle that the succession or 
                identification of Tibetan Buddhist lamas, including the 
                Dalai Lama, should occur without interference, in a 
                manner consistent with traditional practice; and
                    ``(B) ensure that the identification and 
                installation of Tibetan Buddhist religious leaders, 
                including any future Dalai Lama, is determined solely 
                within the Tibetan Buddhist faith community, in 
                accordance with the internationally-recognized right to 
                religious freedom; and''; and
            (3) by adding at the end the following new subsection:

    ``(e) Personnel.--The Secretary shall ensure that the Office of the 
Special Coordinator is adequately staffed at all times to assist in the 
management of the responsibilities of this section.''.
SEC. 342. <<NOTE: 22 USC 6901 note.>>  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

[[Page 134 STAT. 3123]]

        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

[[Page 134 STAT. 3124]]

            (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 <<NOTE: Coordination.>>  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

[[Page 134 STAT. 3125]]

        other Tibetan stakeholders in the development and implementation 
        of grassland management policies, in order to utilize their 
        indigenous experience in mitigation and stewardship of the land 
        and to assess policies on the forced resettlement of nomads; and
            (3) encourage a regional framework on water security, or use 
        existing frameworks, such as the Lower Mekong Initiative, to 
        facilitate cooperative agreements among all riparian nations 
        that would promote transparency, sharing of information, 
        pollution regulation, and arrangements on impounding and 
        diversion of waters that originate on the Tibetan Plateau.
SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.

    (a) Findings.--Congress finds the following:
            (1) The 14th Dalai Lama advocates the Middle Way Approach, 
        which seeks genuine autonomy for the 6,000,000 Tibetans in 
        Tibet.
            (2) The 14th Dalai Lama has overseen a process of 
        democratization within the Tibetan polity and devolved his 
        political responsibilities to the elected representatives of the 
        Tibetan people in exile in 2011.
            (3) In 2011 and again in 2016, members of the Tibetan exile 
        community across some 30 countries held free and fair elections 
        to select political leaders to serve in the Central Tibetan 
        Administration parliament and as chief executive.
            (4) The Dalai Lama has said that the Central Tibetan 
        Administration will cease to exist once a negotiated settlement 
        has been achieved that allows Tibetans to freely enjoy their 
        culture, religion, and language in Tibet.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) Tibetan exile communities around the world should be 
        commended for the adoption of a system of self-governance with 
        democratic institutions to choose their leaders;
            (2) the Dalai Lama should be commended for his decision to 
        devolve political authority to elected leaders in accordance 
        with democratic principles;
            (3) as of the date of the enactment of this Act, the Central 
        Tibetan Administration is the institution that represents and 
        reflects, to the greatest extent, the aspirations of the Tibetan 
        diaspora around the world, and the Sikyong is the President of 
        the Central Tibetan Administration; and
            (4) as consistent with section 621(d)(3) of the Tibetan 
        Policy Act of 2002 (22 U.S.C. 6901 note), the United States 
        Special Coordinator for Tibetan Issues should continue to 
        maintain close contact with the religious, cultural, and 
        political leaders of the Tibetan people.
SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO 
                          PRESERVE THEIR CULTURE, RELIGION, AND 
                          LANGUAGE.

    The Secretary of State should urge the Government of Nepal to honor 
the Gentleman's Agreement with the United Nations High Commissioner for 
Refugees and the Government of India, which commits the Government of 
Nepal to respect the principle of non-refoulement by continuing to give 
Tibetan new arrivals access to the territory of Nepal and allowing them 
safe passage through Nepal to India.

[[Page 134 STAT. 3126]]

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

[[Page 134 STAT. 3127]]

        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 <<NOTE: The United States - Northern Triangle Enhanced 
 Engagement Act. 22 USC 2151 note.>>  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. <<NOTE: 22 USC 2277.>>  STRATEGY TO ADVANCE PROSPERITY, 
                          COMBAT CORRUPTION, STRENGTHEN DEMOCRATIC 
                          GOVERNANCE, AND IMPROVE CIVILIAN 
                          SECURITY IN EL SALVADOR, GUATEMALA, AND 
                          HONDURAS.

    (a) <<NOTE: Deadline. Coordination.>>  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

[[Page 134 STAT. 3128]]

                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--

[[Page 134 STAT. 3129]]

            (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) <<NOTE: Deadline.>>  Annual Progress Updates.--Not later than 1 
year after the submission of the strategy required under this section 
and annually thereafter for 4 years, the Secretary of State shall 
provide the appropriate congressional committees with a written 
description of progress made in meeting the benchmarks established in 
the strategy.

    (g) <<NOTE: Web posting.>>  Public Availability.--The strategy 
required under this section shall be made publicly available on the 
website of the Department of State. <<NOTE: Classified information.>>  
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. <<NOTE: 22 USC 2277a.>>  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

[[Page 134 STAT. 3130]]

        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) <<NOTE: President. Determination.>>  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

[[Page 134 STAT. 3131]]

        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) <<NOTE: President.>>  National Security Waiver.--The President 
may waive the application of the sanctions under subsection (c) if the 
President--
            (1) <<NOTE: Determination.>>  determines that such a waiver 
        is in the national security interest of the United States; and
            (2) <<NOTE: Deadline.>>  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) <<NOTE: Federal Register, publication.>>  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. <<NOTE: President. Determination.>>  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;

[[Page 134 STAT. 3132]]

                    ``(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) <<NOTE: Deadline.>>  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) <<NOTE: 22 USC 2651a note.>>  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

[[Page 134 STAT. 3133]]

        Basic Authorities Act of 1956, as added by subsection (a)(1), to 
        coordinate the development and implementation of United States 
        sanctions policies with allies and partners of the United 
        States, including the United Kingdom, the European Union and 
        member countries of the European Union, Canada, Australia, New 
        Zealand, Japan, and South Korea.
            (2) Information sharing.--The Secretary should pursue the 
        development and implementation of mechanisms and programs under 
        paragraph (1), as appropriate, that involve the sharing of 
        information with respect to policy development and sanctions 
        implementation.
            (3) Capacity building.--The Secretary should pursue efforts, 
        in coordination with the Secretary of the Treasury and the head 
        of any other Federal agency the Secretary considers appropriate, 
        to assist allies and partners of the United States, including 
        the countries specified in paragraph (1), as appropriate, in the 
        development of their legal and technical capacities to develop 
        and implement sanctions authorities.
            (4) Exchange programs.--In furtherance of the efforts 
        described in paragraph (3), the Secretary, in coordination with 
        the Secretary of the Treasury and the head of any other Federal 
        agency the Secretary considers appropriate, may enter into 
        agreements with counterpart agencies in foreign governments 
        establishing exchange programs for the temporary detail of 
        Federal Government employees to share information and expertise 
        with respect to the development and implementation of sanctions 
        authorities.
            (5) <<NOTE: Deadline.>>  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,

[[Page 134 STAT. 3134]]

        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

[[Page 134 STAT. 3135]]

        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) <<NOTE: Consultation.>>  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) <<NOTE: 2 USC 6628 note.>>  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) <<NOTE: Data.>>  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.

[[Page 134 STAT. 3136]]

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) <<NOTE: 6 USC 190 note.>>  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 <<NOTE: Preventing Online Sales of E-Cigarettes to 
Children Act.>>  ONLINE SALES OF E-CIGARETTES TO CHILDREN
SEC. 601. <<NOTE: 15 USC 375 note.>>  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--

[[Page 134 STAT. 3137]]

                          ``(i) an e-cigarette;
                          ``(ii) an e-hookah;
                          ``(iii) an e-cigar;
                          ``(iv) a vape pen;
                          ``(v) an advanced refillable personal 
                      vaporizer;
                          ``(vi) an electronic pipe; and
                          ``(vii) any component, liquid, part, or 
                      accessory of a device described in subparagraph 
                      (A), without regard to whether the component, 
                      liquid, part, or accessory is sold separately from 
                      the device; and
                    ``(C) does not include a product that is--
                          ``(i) approved by the Food and Drug 
                      Administration for--
                                    ``(I) sale as a tobacco cessation 
                                product; or
                                    ``(II) any other therapeutic 
                                purpose; and
                          ``(ii) marketed and sold solely for a purpose 
                      described in clause (i).''; and
            (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting 
        ``NICOTINE/'' after
        ``CIGARETTES/''.

    (b) <<NOTE: 15 USC 375 note.>>  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) <<NOTE: 15 USC 375 note.>>  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. <<NOTE: 18 USC 1716E note.>>  NONMAILABILITY OF 
                          ELECTRONIC NICOTINE DELIVERY SYSTEMS.

    (a) <<NOTE: Deadline.>>  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 <<NOTE: FAFSA Simplification Act.>>  SIMPLIFICATION
SEC. 701. SHORT TITLE; EFFECTIVE DATE.

    (a) <<NOTE: 20 USC 1001 note.>>  Short Title.--This title may be 
cited as the ``FAFSA Simplification Act''.

    (b) <<NOTE: 20 USC 1001 note. Applicability.>>  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

[[Page 134 STAT. 3138]]

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. <<NOTE: Determinations.>>  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) <<NOTE: 20 USC 1001 note.>>  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--

[[Page 134 STAT. 3139]]

                    ``(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;

[[Page 134 STAT. 3140]]

            ``(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) <<NOTE: Definition.>>  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

[[Page 134 STAT. 3141]]

shall for the purposes of this title consider the student aid index as 
equal to - $1,500 for the applicant.''.
    (c) Determination of Student Aid Index.--Section 474 of the Higher 
Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:
``SEC. 474. DETERMINATION OF STUDENT AID INDEX.

    ``The student aid index--
            ``(1) for a dependent student shall be determined in 
        accordance with section 475;
            ``(2) for a single independent student or a married 
        independent student without dependents (other than a spouse) 
        shall be determined in accordance with section 476; and
            ``(3) for an independent student with dependents other than 
        a spouse shall be determined in accordance with section 477.''.

    (d) Student Aid Index for Dependent Students.--Section 475 of the 
Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as 
follows:
``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

    ``(a) Computation of Student Aid Index.--
            ``(1) <<NOTE: Assessments.>>  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).

[[Page 134 STAT. 3142]]

            ``(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

[[Page 134 STAT. 3143]]

 
28............................................................                   $1,100                     $400
29............................................................                   $1,500                     $600
30............................................................                   $1,800                     $700
31............................................................                   $2,200                     $800
32............................................................                   $2,600                   $1,000
33............................................................                   $2,900                   $1,100
34............................................................                   $3,300                   $1,300
35............................................................                   $3,700                   $1,400
36............................................................                   $4,000                   $1,500
37............................................................                   $4,400                   $1,700
38............................................................                   $4,800                   $1,800
39............................................................                   $5,100                   $2,000
40............................................................                   $5,500                   $2,100
41............................................................                   $5,600                   $2,200
42............................................................                   $5,700                   $2,200
43............................................................                   $5,900                   $2,300
44............................................................                   $6,000                   $2,300
45............................................................                   $6,200                   $2,400
46............................................................                   $6,300                   $2,400
47............................................................                   $6,500                   $2,500
48............................................................                   $6,600                   $2,500
49............................................................                   $6,800                   $2,600
50............................................................                   $7,000                   $2,700
51............................................................                   $7,100                   $2,700
52............................................................                   $7,300                   $2,800
53............................................................                   $7,500                   $2,900
54............................................................                   $7,700                   $2,900
55............................................................                   $7,900                   $3,000
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------


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

[[Page 134 STAT. 3144]]



                    ``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

[[Page 134 STAT. 3145]]

                    ``(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

[[Page 134 STAT. 3146]]

                          ``(iv) in the case of a married independent 
                      student, an employment expense allowance, as 
                      determined in accordance with paragraph (3); and
                    ``(B) multiplying the amount determined under 
                subparagraph (A) by 50 percent.
            ``(2) Allowance for payroll taxes.--The allowance for 
        payroll taxes is equal to the sum of--
                    ``(A) the total amount earned by the student (and 
                spouse, if appropriate), multiplied by the rate of tax 
                under section 3101(b) of the Internal Revenue Code of 
                1986; and
                    ``(B) the amount earned by the student (and spouse, 
                if appropriate) that does not exceed such contribution 
                and benefit base (twice such contribution and benefit 
                base, in the case of a joint return) for the year of the 
                earnings, multiplied by the rate of tax applicable to 
                such earnings under section 3101(a) of the Internal 
                Revenue Code of 1986.
            ``(3) Employment expense allowance.--The employment expense 
        allowance is equal to the following:
                    ``(A) If the student is married, such allowance is 
                equal to the lesser of $4,000 or 35 percent of the 
                couple's combined earned income (as adjusted by the 
                Secretary pursuant to section 478(g)).
                    ``(B) If the student is not married, the employment 
                expense allowance is zero.

    ``(c) Family's Available Assets.--
            ``(1) In general.--
                    ``(A) Determination.--Except as provided in 
                subparagraph (B), the family's available assets are 
                equal to--
                          ``(i) the difference between the family's 
                      assets (as defined in section 480(f)) and the 
                      asset protection allowance (determined in 
                      accordance with paragraph (2)); multiplied by
                          ``(ii) 20 percent.
                    ``(B) Not less than zero.--The family's available 
                assets under this subsection shall not be less than 
                zero.
            ``(2) Asset protection allowance.--The asset protection 
        allowance is calculated based on the following table (as revised 
        by the Secretary pursuant to section 478(d)):

                             ``Asset Protection Allowances for Families and Students
----------------------------------------------------------------------------------------------------------------
                                                                               And the student is
                                                               -------------------------------------------------
                                                                        married                   single
                 If the age of the student is--                -------------------------------------------------
                                                                then the allowance is--
 
----------------------------------------------------------------------------------------------------------------
25 or less....................................................                       $0                       $0
26............................................................                     $400                     $100
27............................................................                     $700                     $300
28............................................................                   $1,100                     $400
29............................................................                   $1,500                     $600
30............................................................                   $1,800                     $700
31............................................................                   $2,200                     $800
32............................................................                   $2,600                   $1,000
33............................................................                   $2,900                   $1,100
34............................................................                   $3,300                   $1,300

[[Page 134 STAT. 3147]]

 
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--

[[Page 134 STAT. 3148]]

                          ``(i) the family's available income 
                      (determined in accordance with subsection (b)); 
                      and
                          ``(ii) the family's available assets 
                      (determined in accordance with subsection (c));
                    ``(B) assessing such adjusted available income in 
                accordance with an assessment schedule set forth in 
                subsection (d); and
                    ``(C) considering such assessment resulting under 
                subparagraph (B) as the amount determined under this 
                subsection.
            ``(2) Exception.--If the sum determined under paragraph (1) 
        with respect to an independent student with dependents other 
        than a spouse is less than - $1,500, the student aid index for 
        the independent student shall be - $1,500.

    ``(b) Family's Available Income.--
            ``(1) In general.--The family's available income is 
        determined by deducting from total income (as defined in section 
        480)--
                    ``(A) Federal income taxes;
                    ``(B) an allowance for payroll taxes, determined in 
                accordance with paragraph (2);
                    ``(C) an income protection allowance, determined in 
                accordance with paragraph (3); and
                    ``(D) an employment expense allowance, determined in 
                accordance with paragraph (4).
            ``(2) Allowance for payroll taxes.--The allowance for 
        payroll taxes is equal to the sum of--
                    ``(A) the total amount earned by the student (and 
                spouse, if appropriate), multiplied by the rate of tax 
                under section 3101(b) of the Internal Revenue Code of 
                1986; and
                    ``(B) the amount earned by the student (and spouse, 
                if appropriate) that does not exceed such contribution 
                and benefit base (twice such contribution and benefit 
                base, in the case of a joint return) for the year of the 
                earnings, multiplied by the rate of tax applicable to 
                such earnings under section 3101(a) of the Internal 
                Revenue Code of 1986.
            ``(3) Income protection allowance.--The income protection 
        allowance shall equal the amount determined in the following 
        table, as adjusted by the Secretary pursuant to section 478(b):
                    ``(A) In the case of a married independent student 
                with dependents:

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


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

[[Page 134 STAT. 3149]]



     ``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

[[Page 134 STAT. 3150]]

 
43............................................................                   $5,900                   $2,300
44............................................................                   $6,000                   $2,300
45............................................................                   $6,200                   $2,400
46............................................................                   $6,300                   $2,400
47............................................................                   $6,500                   $2,500
48............................................................                   $6,600                   $2,500
49............................................................                   $6,800                   $2,600
50............................................................                   $7,000                   $2,700
51............................................................                   $7,100                   $2,700
52............................................................                   $7,300                   $2,800
53............................................................                   $7,500                   $2,900
54............................................................                   $7,700                   $2,900
55............................................................                   $7,900                   $3,000
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------


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

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


    ``(e) Computations in Case of Separation, Divorce, or Death.--In the 
case of a student who is divorced or separated, or whose spouse has 
died, the spouse's income and assets shall not be considered in 
determining the family's available income or assets.''.
    (g) Regulations; Updated Tables.--Section 478 of the Higher 
Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:

[[Page 134 STAT. 3151]]

``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) <<NOTE: Time periods. Federal Register, publication.>>  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) <<NOTE: Time periods. Federal Register, 
        publication.>>  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) <<NOTE: Federal Register, publication.>>  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

[[Page 134 STAT. 3152]]

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) <<NOTE: Federal Register, publication.>>  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 <<NOTE: Federal Register, 
publication.>>  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:

[[Page 134 STAT. 3153]]

``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) <<NOTE: Definition.>>  Eligible applicants.--In this 
        subsection, the term `eligible applicant' means an applicant who 
        meets at least one of the following criteria:
                    ``(A) Is an applicant who qualifies for an automatic 
                zero student aid index or negative student aid index 
                under subsection (b) or (c) of section 473.
                    ``(B) Is an applicant who is a dependent student and 
                the student's parents have a total adjusted gross income 
                (excluding any income of the dependent student) that is 
                less than $60,000 and do not file a Schedule A, B, D, E, 
                F, or H (or equivalent successor schedules) with the 
                Federal income tax return for the second preceding tax 
                year, and--
                          ``(i) do not file a Schedule C (or the 
                      equivalent successor schedule) with the Federal 
                      income tax return for the second preceding tax 
                      year; or
                          ``(ii) file a Schedule C (or the equivalent 
                      successor schedule) with net business income of 
                      not more than a $10,000 loss or gain with the 
                      Federal income tax return for the second preceding 
                      tax year.
                    ``(C) Is an applicant who is an independent student 
                and the student (including the student's spouse, if any) 
                has a total adjusted gross income that is less than 
                $60,000 and does not file a Schedule A, B, D, E, F, or H 
                (or equivalent successor schedules), with the Federal 
                income tax return for the second preceding tax year, 
                and--
                          ``(i) does not file a Schedule C (or the 
                      equivalent successor schedule) with the Federal 
                      income tax return for the second preceding tax 
                      year; or
                          ``(ii) files a Schedule C (or the equivalent 
                      successor schedule) with net business income of 
                      not more than a $10,000 loss or gain with the 
                      Federal income tax return for the second preceding 
                      tax year.
                    ``(D) Is an applicant who, at any time during the 
                previous 24-month period, received a benefit under a 
                means-tested Federal benefit program (or whose parent or 
                spouse received such a benefit, as applicable).
            ``(3) Special rule.--An eligible applicant shall not be 
        exempt from asset reporting under this section if the applicant 
        is a dependent student and the students' parents do not--
                    ``(A) reside in the United States or a United States 
                territory; or
                    ``(B) file taxes in the United States or a United 
                States territory, except if such nonfiling is due to not 
                being required to file a Federal tax return for the 
                applicable tax year due to a low income.

[[Page 134 STAT. 3154]]

            ``(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)).

[[Page 134 STAT. 3155]]

                          ``(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;

[[Page 134 STAT. 3156]]

                          ``(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--

[[Page 134 STAT. 3157]]

                    ``(A) shall be conditions that differentiate an 
                individual student from a group of students rather than 
                conditions that exist across a group of students; and
                    ``(B) may include--
                          ``(i) recent unemployment of a family member 
                      or student;
                          ``(ii) a student or family member who is a 
                      dislocated worker (as defined in section 3 of the 
                      Workforce Innovation and Opportunity Act);
                          ``(iii) a change in housing status that 
                      results in an individual being a homeless youth;
                          ``(iv) an unusual amount of claimed losses 
                      against income on the Federal tax return that 
                      substantially lower adjusted gross income, such as 
                      business, investment, or real estate losses;
                          ``(v) receipt of foreign income of permanent 
                      residents or United States citizens exempt from 
                      Federal taxation, or the foreign income for which 
                      a permanent resident or citizen received a foreign 
                      tax credit;
                          ``(vi) in the case of an applicant who does 
                      not qualify for the exemption from asset reporting 
                      under section 479, assets as defined in section 
                      480(f); or
                          ``(vii) other changes or adjustments in the 
                      income, assets, or size of a family, or a 
                      student's dependency status.
            ``(2) Special circumstances for adjustments related to cost 
        of attendance and student aid index.--Special circumstances for 
        adjustments to the cost of attendance or the values of the data 
        used to calculate the student aid index--
                    ``(A) shall be conditions that differentiate an 
                individual student from a group of students rather than 
                conditions that exist across a group of students, except 
                as provided in sections 479B and 479C; and
                    ``(B) may include--
                          ``(i) tuition expenses at an elementary school 
                      or secondary school;
                          ``(ii) medical, dental, or nursing home 
                      expenses not covered by insurance;
                          ``(iii) child care or dependent care costs not 
                      covered by the dependent care cost allowance 
                      calculated in accordance with section 472;
                          ``(iv) recent unemployment of a family member 
                      or student;
                          ``(v) a student or family member who is a 
                      dislocated worker (as defined in section 3 of the 
                      Workforce Innovation and Opportunity Act);
                          ``(vi) the existence of additional family 
                      members enrolled in a degree, certificate, or 
                      other program leading to a recognized educational 
                      credential at an institution with a program 
                      participation agreement under section 487;
                          ``(vii) a change in housing status that 
                      results in an individual being a homeless youth;
                          ``(viii) a condition of severe disability of 
                      the student, or in the case of a dependent 
                      student, the dependent student's parent or 
                      guardian, or in the case

[[Page 134 STAT. 3158]]

                      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) <<NOTE: Notification.>>  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

[[Page 134 STAT. 3159]]

                      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

[[Page 134 STAT. 3160]]

                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

[[Page 134 STAT. 3161]]

        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. <<NOTE: 20 USC 1087uu-2.>>  SPECIAL RULES FOR 
                          INDEPENDENT STUDENTS.

    ``(a) Determination Process for Unaccompanied Homeless Youth.--In 
making a determination of independence under section 480(d)(8), a 
financial aid administrator shall comply with the following:
            ``(1) Consider documentation of the student's circumstance 
        to be adequate in the absence of documented conflicting 
        information, if such documentation is provided through a 
        documented phone call, written statement, or verifiable 
        electronic data match by--
                    ``(A) a local educational agency homeless liaison, 
                designated pursuant to section 722(g)(1)(J)(ii) of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11432(g)(1)(J)(ii)) or a designee of the liaison;
                    ``(B) the director of an emergency or transitional 
                shelter, street outreach program, homeless youth drop-in 
                center, or other program serving individuals who are 
                experiencing homelessness, or a designee of the 
                director;
                    ``(C) the director of a project supported by a 
                Federal TRIO program or a Gaining Early Awareness and 
                Readiness for Undergraduate program grant under chapter 
                1 or 2 of subpart 2 of part A, or a designee of the 
                director; or
                    ``(D) a financial aid administrator at another 
                institution who documented the student's circumstance in 
                a prior award year.
            ``(2) If a student is unable to provide documentation from 
        any individual described in paragraph (1), make a case-by-case 
        determination, which shall be--
                    ``(A) based on a written statement from, or a 
                documented interview with, the student that confirms 
                that the student is an unaccompanied homeless youth, or 
                unaccompanied, at risk of homelessness, and self-
                supporting; and
                    ``(B) made without regard to the reasons that the 
                student is an unaccompanied homeless youth, or 
                unaccompanied, at risk of homelessness, and self-
                supporting.
            ``(3) Consider a determination made under this subsection as 
        distinct from a determination of independence under section 
        480(d)(9).

[[Page 134 STAT. 3162]]

    ``(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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3163]]

    ``(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').

[[Page 134 STAT. 3164]]

            ``(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) <<NOTE: Definition.>>  Excludable Income.--The term 
`excludable income' means--

[[Page 134 STAT. 3165]]

            ``(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) <<NOTE: Definition.>>  In general.--The term `assets' 
        means the amount in checking and savings accounts, time 
        deposits, money market funds, investments, trusts, stocks, 
        bonds, derivatives, securities, mutual funds, tax shelters, 
        qualified education benefits (except as provided in paragraph 
        (3)), the annual amount of child support received and the net 
        value of real estate, vacation homes, income producing property, 
        and business and farm assets, determined in accordance with 
        section 478(c).
            ``(2) Exclusions.--With respect to determinations of need 
        under this title, the term `assets' shall not include the net 
        value of the family's principal place of residence.
            ``(3) Consideration of qualified education benefit.--A 
        qualified education benefit shall be considered an asset of--
                    ``(A) the student if the student is an independent 
                student; or
                    ``(B) the parent if the student is a dependent 
                student and the account is designated for the student, 
                regardless of whether the owner of the account is the 
                student or the parent.
            ``(4) Definition of qualified education benefit.--In this 
        subsection, the term `qualified education benefit' means--
                    ``(A) a qualified tuition program (as defined in 
                section 529(b)(1)(A) of the Internal Revenue Code of 
                1986) or other prepaid tuition plan offered by a State; 
                and
                    ``(B) a Coverdell education savings account (as 
                defined in section 530(b)(1) of the Internal Revenue 
                Code of 1986).

    ``(g) Net Value.--The term `net value' means the market value at the 
time of application of the assets (as defined in subsection (f)), minus 
the outstanding liabilities or indebtedness against the assets.
    ``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
            ``(1) The tax on income paid to the Governments of the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
        Islands, or the Commonwealth of the Northern Mariana Islands, 
        the Republic of the Marshall Islands, the Federated States of 
        Micronesia, or Palau under the laws applicable to those 
        jurisdictions, or the comparable tax paid to the central 
        government of a foreign country, shall be treated as Federal 
        income taxes.
            ``(2) References in this part to the Internal Revenue Code 
        of 1986, Federal income tax forms, and the Internal Revenue 
        Service shall, for purposes of the tax described in paragraph 
        (1), be treated as references to the corresponding laws, tax

[[Page 134 STAT. 3166]]

        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) <<NOTE: Definition.>>  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.--

[[Page 134 STAT. 3167]]

            ``(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)

[[Page 134 STAT. 3168]]

                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.

[[Page 134 STAT. 3169]]

                                    ``(V) Marital status.
                                    ``(VI) Citizenship status, including 
                                alien registration number, if 
                                applicable.
                                    ``(VII) Sex.
                                    ``(VIII) Race or ethnicity, using 
                                categories developed in consultation 
                                with the Bureau of the Census and the 
                                Director of the Institute of Education 
                                Sciences that, to the greatest extent 
                                practicable, separately capture the 
                                racial groups specified in the American 
                                Community Survey of the Bureau of the 
                                Census.
                                    ``(IX) State of legal residence and 
                                date of residency.
                                    ``(X) The following information on 
                                secondary school completion:
                                            ``(aa) Name and location of 
                                        the high school from which the 
                                        applicant received, or will 
                                        receive prior to the period of 
                                        enrollment for which aid is 
                                        sought, a regular high school 
                                        diploma;
                                            ``(bb) name and location of 
                                        the entity from which the 
                                        applicant received, or will 
                                        receive prior to the period of 
                                        enrollment for which aid is 
                                        sought, a recognized equivalent 
                                        of a regular high school 
                                        diploma; or
                                            ``(cc) if the applicant 
                                        completed or will complete prior 
                                        to the period of enrollment for 
                                        which aid is sought, a secondary 
                                        school education in a home 
                                        school setting that is treated 
                                        as a home school or private 
                                        school under State law.
                                    ``(XI) Name of each institution 
                                where the applicant intends to apply for 
                                enrollment or continue enrollment.
                                    ``(XII) Year in school for period of 
                                enrollment for which aid is sought, 
                                including whether applicant will have 
                                finished first bachelor's degree prior 
                                to the period of enrollment for which 
                                aid is sought.
                                    ``(XIII) Whether one or both of the 
                                applicant's parents attended college.
                                    ``(XIV) Any required asset 
                                information, unless exempt under section 
                                479, in which the applicant shall 
                                indicate--
                                            ``(aa) the annual amount of 
                                        child support received, if 
                                        applicable; and
                                            ``(bb) all required asset 
                                        information not described in 
                                        item (aa).
                                    ``(XV) The number of members of the 
                                applicant's family who will also be 
                                enrolled in an eligible institution of 
                                higher education on at least a half-time 
                                basis during the same enrollment period 
                                as the applicant.
                                    ``(XVI) If the applicant meets any 
                                of the following designations:

[[Page 134 STAT. 3170]]

                                            ``(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

[[Page 134 STAT. 3171]]

                                        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

[[Page 134 STAT. 3172]]

                                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) <<NOTE: Disclosure.>>  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

[[Page 134 STAT. 3173]]

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

[[Page 134 STAT. 3174]]

                      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

[[Page 134 STAT. 3175]]

                                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,

[[Page 134 STAT. 3176]]

                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) <<NOTE: Consultation.>>  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) <<NOTE: Data. Lists.>>  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 <<NOTE: Public information. Web postings.>>  
                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

[[Page 134 STAT. 3177]]

                      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. <<NOTE: Public information. Web postings. Lists.>>  
                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) <<NOTE: Consultation.>>  Security of data.--The 
        Secretary shall, in consultation with the Secretary of the 
        Treasury--
                    ``(A) take all necessary steps to safeguard the data 
                required to be transmitted for the purpose of this 
                section between Federal agencies and to States and 
                institutions of higher education and secure the 
                transmittal of such data;
                    ``(B) provide guidance to States and institutions of 
                higher education regarding their obligation to ensure 
                the security of the data provided under this section and 
                section 6103 of the Internal Revenue Code of 1986; and
                    ``(C) provide guidance on the implementation of 
                section 6103 of the Internal Revenue Code of 1986, 
                including how it intersects with the provisions of 
                section 444 of the General Education Provisions Act 
                (commonly known as the `Family Educational Rights and 
                Privacy Act of 1974'), and any additional consent 
                processes that may be available to applicants in 
                accordance with the Internal Revenue Code of 1986 
                regarding sharing of Federal tax information.
            ``(9) Report to congress.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the FAFSA Simplification Act, the

[[Page 134 STAT. 3178]]

                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) <<NOTE: Disclosure.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3179]]

                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) <<NOTE: Data.>>  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) <<NOTE: Reports.>>  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.

[[Page 134 STAT. 3180]]

            ``(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--

[[Page 134 STAT. 3181]]

                    ``(A) the total number of all applicants who were 
                determined to be individuals described in section 
                480(d)(8); and
                    ``(B) the number of applicants described in 
                subparagraph (A), disaggregated--
                          ``(i) by State; and
                          ``(ii) by the sources of determination as 
                      described in section 479D(b).
            ``(3) Data sharing.--The Secretary may enter into data 
        sharing agreements with the appropriate Federal or State 
        agencies to conduct outreach regarding, and connect applicants 
        directly with, the means-tested Federal benefit programs 
        described in subsection (a)(2)(B)(ii)(XVII) for which the 
        applicants may be eligible.

    ``(d) Ensuring Form Usability.--
            ``(1) Signature.--Notwithstanding any other provision of 
        this title, the Secretary may permit the Free Application for 
        Federal Student Aid to be submitted without a signature, if a 
        signature is subsequently submitted by the applicant, or if the 
        applicant uses an access device provided by the Secretary.
            ``(2) Free preparation authorized.--Notwithstanding any 
        other provision of this title, an applicant may use a preparer 
        for consultative or preparation services for the completion of 
        the Free Application for Federal Student Aid without charging a 
        fee to the applicant if the preparer--
                    ``(A) includes, at the time the application is 
                submitted to the Department, the name, address or 
                employer's address, social security number or employer 
                identification number, and organizational affiliation of 
                the preparer on the applicant's form;
                    ``(B) is subject to the same penalties as an 
                applicant for purposely giving false or misleading 
                information in the application;
                    ``(C) clearly informs each individual upon initial 
                contact, that the Free Application for Federal Student 
                Aid is a free form that may be completed without 
                professional assistance; and
                    ``(D) does not produce, use, or disseminate any 
                other form for the purpose of applying for Federal 
                financial aid other than the Free Application for 
                Federal Student Aid developed by the Secretary under 
                this section.
            ``(3) Charges to students and parents for use of forms 
        prohibited.--The need for and eligibility of a student for 
        financial assistance under this title may be determined only by 
        using the Free Application for Federal Student Aid developed by 
        the Secretary under this section. Such application shall be 
        produced, distributed, and processed by the Secretary, and no 
        parent or student shall be charged a fee by the Secretary, a 
        contractor, a third-party servicer or private software provider, 
        or any other public or private entity for the collection, 
        processing, or delivery of Federal financial aid through the use 
        of such application. No data collected on a form for which a fee 
        is charged shall be used to complete the Free Application for 
        Federal Student Aid prescribed under this section, except that a 
        Federal or State income tax form prepared by a paid income tax 
        preparer or preparer service for the primary purpose of filing a 
        Federal or State income tax return may be used

[[Page 134 STAT. 3182]]

        to complete the Free Application for Federal Student Aid 
        prescribed under this section.
            ``(4) <<NOTE: Deadline. Time period.>>  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) <<NOTE: 20 USC 1090 note.>>  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) <<NOTE: Cooperation.>>  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,

[[Page 134 STAT. 3183]]

                      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;

[[Page 134 STAT. 3184]]

                          ``(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) <<NOTE: Collaboration.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  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;

[[Page 134 STAT. 3185]]

                                    ``(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) <<NOTE: Public information. Web posting.>>  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 134 STAT. 3186]]

                          ``(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) <<NOTE: 20 USC 1078-2 note.>>  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. <<NOTE: Federal 
        Register, publication.>>  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.

[[Page 134 STAT. 3187]]

        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) <<NOTE: Public information. Web posting.>>  
        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--

[[Page 134 STAT. 3188]]

                          ``(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) <<NOTE: Public information. Web posting.>>  
                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

[[Page 134 STAT. 3189]]

                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) <<NOTE: Public information. Web posting.>>  
                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 134 STAT. 3190]]

                          ``(i) <<NOTE: Notification.>>  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) <<NOTE: Studies. Public information. Web 
                posting.>>  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 <<NOTE: Coordination.>>  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) <<NOTE: Public information. Web posting.>>  
        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.''.

[[Page 134 STAT. 3191]]

    (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)

[[Page 134 STAT. 3192]]

                      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.

[[Page 134 STAT. 3193]]

                    ``(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 134 STAT. 3194]]

            ``(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)

[[Page 134 STAT. 3195]]

                      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) <<NOTE: Effective date. Time period.>>  
                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) <<NOTE: Effective date. Time period.>>  
                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

[[Page 134 STAT. 3196]]

                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--

[[Page 134 STAT. 3197]]

                    ``(A) a public safety officer, as defined in section 
                1204 of title I of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (34 U.S.C. 10284); or
                    ``(B) a fire police officer, defined as an 
                individual who--
                          ``(i) is serving in accordance with State or 
                      local law as an officially recognized or 
                      designated member of a legally organized public 
                      safety agency;
                          ``(ii) is not a law enforcement officer, a 
                      firefighter, a chaplain, or a member of a rescue 
                      squad or ambulance crew; and
                          ``(iii) provides scene security or directs 
                      traffic--
                                    ``(I) in response to any fire drill, 
                                fire call, or other fire, rescue, or 
                                police emergency; or
                                    ``(II) at a planned special event.

    ``(d) Period of Eligibility for Grants.--
            ``(1) In general.--The period during which a student may 
        receive Federal Pell Grants shall be the period required for the 
        completion of the first undergraduate baccalaureate course of 
        study being pursued by that student at the institution at which 
        the student is in attendance, except that any period during 
        which the student is enrolled in a noncredit or remedial course 
        of study, as described in paragraph (2), shall not be counted 
        for the purpose of this paragraph.
            ``(2) Noncredit or remedial courses; study abroad.--Nothing 
        in this section shall exclude from eligibility courses of study 
        which are noncredit or remedial in nature (including courses in 
        English language instruction) which are determined by the 
        institution to be necessary to help the student be prepared for 
        the pursuit of a first undergraduate baccalaureate degree or 
        certificate or, in the case of courses in English language 
        instruction, to be necessary to enable the student to use 
        already existing knowledge, training, or skills. Nothing in this 
        section shall exclude from eligibility programs of study abroad 
        that are approved for credit by the home institution at which 
        the student is enrolled.
            ``(3) No concurrent payments.--No student is entitled to 
        receive Pell Grant payments concurrently from more than one 
        institution or from both the Secretary and an institution.
            ``(4) Postbaccalaureate program.--Notwithstanding paragraph 
        (1), the Secretary may allow, on a case-by-case basis, a student 
        to receive a Federal Pell Grant if the student--
                    ``(A) is carrying at least one-half the normal full-
                time work load for the course of study the student is 
                pursuing, as determined by the institution of higher 
                education; and
                    ``(B) is enrolled or accepted for enrollment in a 
                postbaccalaureate program that does not lead to a 
                graduate degree, and in courses required by a State in 
                order for the student to receive a professional 
                certification or licensing credential that is required 
                for employment as a teacher in an elementary school or 
                secondary school in that State,
        except that this paragraph shall not apply to a student who is 
        enrolled in an institution of higher education that offers a 
        baccalaureate degree in education.
            ``(5) Maximum period.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the period during which a student may 
                receive Federal

[[Page 134 STAT. 3198]]

                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

[[Page 134 STAT. 3199]]

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'';

[[Page 134 STAT. 3200]]

            (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) <<NOTE: Deadline. 20 USC 1087e note.>>  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. <<NOTE: Federal Register, 
publication. Deadline.>>  The Secretary shall publish any designation 
under this paragraph in the Federal Register at least 60 days before 
implementation.
SEC. 706. <<NOTE: 20 USC 1001 note. Deadline.>>  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

[[Page 134 STAT. 3201]]

in the Treasury not otherwise appropriated, such sums as may be 
necessary to carry out subsection (a).
    (d) Effective Date.--Notwithstanding section 701(b), this section 
shall take effect on the date of enactment of this Act.

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

SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED 
                          BY THE SOCIAL SECURITY ADMINISTRATION.

    (a) In General.--Section 205(r) of the Social Security Act (42 
U.S.C. 405(r)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``Each State'' and inserting ``(A) 
                Each State'';
                    (B) by striking ``may'' and inserting ``shall'';
                    (C) by striking ``from amounts available for 
                administration of this Act the reasonable costs 
                (established by the Commissioner of Social Security in 
                consultations with the States) for transcribing and 
                transmitting such information to the Commissioner of 
                Social Security.'' and inserting ``for the following:
                          ``(i) A fee, to be established pursuant to 
                      subparagraph (B), for the use of such information 
                      by--
                                    ``(I) the Commissioner; and
                                    ``(II) any other agency that 
                                receives such information from the 
                                Commissioner and is subject to the 
                                requirements of subparagraph (3)(A).
                          ``(ii) The full documented cost to the State 
                      of transmitting such information to the 
                      Commissioner, including the costs of maintaining, 
                      enhancing, and operating any electronic system 
                      used solely for transmitting such information to 
                      the Commissioner.
                    ``(B) The fee for the use of such information shall 
                be established by the Commissioner of Social Security in 
                consultations with the States, and shall include--
                          ``(i) a share of the costs to the State 
                      associated with collecting and maintaining such 
                      information; ensuring the completeness, 
                      timeliness, and accuracy of such information; and 
                      maintaining, enhancing, and operating the 
                      electronic systems that allow for the transmission 
                      of such information; and
                          ``(ii) a fee for the right to use such 
                      information.
                    ``(C) The Commissioner of Social Security shall not 
                use amounts provided for a fiscal year in an 
                appropriation Act under the heading `Limitation on 
                Administrative Expenses' for the Social Security 
                Administration for the amounts under paragraph (3)(A), 
                except as the Commissioner determines is necessary on a 
                temporary basis and subject to reimbursement under such 
                paragraph.'';

[[Page 134 STAT. 3202]]

            (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) <<NOTE: Notification.>>  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) <<NOTE: Time period.>>  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

[[Page 134 STAT. 3203]]

        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) <<NOTE: 42 USC 405 note.>>  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) <<NOTE: Deadline. Contracts.>>  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. <<NOTE: Consultation.>>  
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) <<NOTE: Analysis.>>  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) <<NOTE: Assessment.>>  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

[[Page 134 STAT. 3204]]

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. <<NOTE: Portable Fuel Container Safety Act of 
                          2020. Determinations. 15 USC 2056d.>>  
                          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) <<NOTE: Deadline.>>  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.-- <<NOTE: Effective dates.>> 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

[[Page 134 STAT. 3205]]

                    (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) <<NOTE: Deadlines. Notification. Regulations.>>  
                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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Summary.>>  Summary of 
                actions.--Not later than 2 years after the date of 
                enactment of this Act, the Commission shall submit to 
                Congress a summary of actions taken by the Commission in 
                such campaign.
            (8) Portable fuel container defined.--In this Act, the term 
        ``portable fuel container'' means any container or vessel 
        (including any spout, cap, and other closure mechanism or 
        component of such container or vessel or any retrofit or 
        aftermarket spout or component intended or reasonably 
        anticipated to be for use with such container)--
                    (A) intended for flammable liquid fuels with a flash 
                point less than 140 degrees Fahrenheit, including 
                gasoline, kerosene, diesel, ethanol, methanol, denatured 
                alcohol, or biofuels;
                    (B) that is a consumer product with a capacity of 5 
                gallons or less; and

[[Page 134 STAT. 3206]]

                    (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. <<NOTE: Don't Break Up the T-Band Act of 2020. 47 USC 
                          609 note.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3207]]

                or charges, by any State or taxing jurisdiction 
                authorized to impose such a fee or charge, is 
                acceptable.
                    ``(B) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3208]]

                    ``(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) <<NOTE: 47 USC 615a-1 note.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3209]]

                    (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) <<NOTE: Web posting.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: 47 USC 615a-1 note.>>  Rule of Construction.--Nothing in 
this Act, the Wireless Communications and Public Safety Act of 1999 
(Public Law 106-81), or the Communications Act of 1934 (47 U.S.C. 151 et 
seq.) shall be construed to prevent a State or taxing jurisdiction from 
requiring an annual audit of the books and records of a provider of 9-1-
1 services concerning the collection and remittance of a 9-1-1 fee or 
charge.

    (f) <<NOTE: 47 USC 615a-1 note.>>  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)).

[[Page 134 STAT. 3210]]

            (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. <<NOTE: Advancing Critical Connectivity Expands Service, 
                          Small Business Resources, Opportunities, 
                          Access, and Data Based on Assessed Need 
                          and Demand Act. 47 USC 
                          1307. Deadline.>>  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.

[[Page 134 STAT. 3211]]

                    (C) <<NOTE: Public information. Web posting.>>  
                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) <<NOTE: Estimate.>>  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 <<NOTE: Assignment.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3212]]

                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) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 3213]]

                Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 
                2629).
                    (D) The Public Works and Economic Adjustment 
                Assistance Programs and the Planning and Local Technical 
                Assistance Programs of the Economic Development 
                Administration of the Department of Commerce.
                    (E) The Community Development Block Grants and 
                Section 108 Loan Guarantees Programs, the Funds for 
                Public Housing Authorities: Capital Fund and Operating 
                Fund, the Multifamily Housing Programs, the Indian 
                Community Development Block Grant Program, the Indian 
                Housing Block Grant Program, the Title VI Loan Guarantee 
                Program, the Choice Neighborhoods Program, the HOME 
                Investment Partnerships Program, the Housing Trust Fund, 
                and the Housing Opportunities for Persons with AIDS 
                Program of the Department of Housing and Urban 
                Development.
                    (F) The American Job Centers of the Employment and 
                Training Administration of the Department of Labor.
                    (G) The Library Services and Technology Grant 
                Programs of the Institute of Museum and Library 
                Services.
            (5) Office.--The term ``Office'' means the Office of 
        Internet Connectivity and Growth established pursuant to 
        subsection (b).
            (6) Universal service fund high-cost programs.--The term 
        ``Universal Service Fund high-cost programs'' means--
                    (A) the program for Universal Service Support for 
                High-Cost Areas set forth under subpart D of part 54 of 
                title 47, Code of Federal Regulations, or any successor 
                thereto;
                    (B) the Rural Digital Opportunity Fund set forth 
                under subpart J of part 54 of title 47, Code of Federal 
                Regulations, or any successor thereto;
                    (C) the Interstate Common Line Support Mechanism for 
                Rate-of-Return Carriers set forth under subpart K of 
                part 54 of title 47, Code of Federal Regulations, or any 
                successor thereto;
                    (D) the Mobility Fund and 5G Fund set forth under 
                subpart L of part 54 of title 47, Code of Federal 
                Regulations, or any successor thereto; and
                    (E) the High Cost Loop Support for Rate-of-Return 
                Carriers program set forth under subpart M of part 54 of 
                title 47, Code of Federal Regulations, or any successor 
                thereto.
            (7) Universal service fund program.--The term ``Universal 
        Service Fund Program'' means any program authorized under 
        section 254 of the Communications Act of 1934 (47 U.S.C. 254) to 
        help deploy broadband.
            (8) Universal service mechanism.--The term ``universal 
        service mechanism'' means any funding stream provided by a 
        Universal Service Fund Program to support broadband access.

    (h) Rule of Construction.--Nothing in this Act is intended to alter 
or amend any provision of section 254 of the Communications Act of 1934 
(47 U.S.C. 254).

[[Page 134 STAT. 3214]]

SEC. 904. <<NOTE: Broadband Interagency Coordination Act of 
                          2020. Contracts. 47 USC 1308.>>  
                          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) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 3215]]

                                    (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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  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. <<NOTE: Beat China by Harnessing Important, National 
                          Airwaves for 5G Act of 2020. 47 USC 921 
                          note.>>  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

[[Page 134 STAT. 3216]]

            (2) the term ``covered band'' means the band of 
        electromagnetic spectrum between the frequencies of 3450 
        megahertz and 3550 megahertz, inclusive.

    (c) <<NOTE: Deadlines.>>  Withdrawal or Modification of Federal 
Government Assignments.--The President, acting through the Assistant 
Secretary of Commerce for Communications and Information, shall--
            (1) <<NOTE: Coordination.>>  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) <<NOTE: 11 USC 541 note.>>  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

[[Page 134 STAT. 3217]]

                    (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 <<NOTE: 11 USC 1328 note.>>  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) <<NOTE: 11 USC 525 note.>>  Sunset.--Effective on the 
        date that is 1 year after the date of enactment of this Act, 
        section 525 of title 11, United States Code, is amended by 
        striking subsection (d).

    (d) CARES Forbearance Claims.--
            (1) Filing of proofs of claims or interests.--Section 501 of 
        title 11, United States Code, is amended by adding at the end 
        the following:

    ``(f)(1) <<NOTE: Definitions.>>  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)).

[[Page 134 STAT. 3218]]

    ``(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) <<NOTE: Time periods.>>  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) <<NOTE: 11 USC 501 note.>>  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

[[Page 134 STAT. 3219]]

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) <<NOTE: 11 USC 1329 note.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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, <<NOTE: 11 USC 
                365 note.>>  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) <<NOTE: 11 USC 365 note.>>  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--

[[Page 134 STAT. 3220]]

                    (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) <<NOTE: Definitions.>>  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, <<NOTE: 11 USC 547 
                note.>>  is amended--

[[Page 134 STAT. 3221]]

                          (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) <<NOTE: 11 USC 547 note.>>  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, <<NOTE: 11 USC 366 note.>>  is amended by striking 
        subsection (d).

    (i) Customs Duties.--
            (1) In general.--Section 507(d) of title 11, United States 
        Code, is amended--
                    (A) by striking ``, (a)(8)'';
                    (B) by inserting ``or subparagraphs (A) through (E) 
                and (G) of subsection (a)(8)'' after ``(a)(9)''; and
                    (C) inserting ``or subparagraph'' after ``such 
                subsection''.
            (2) Sunset.--Effective on the date that is 1 year after the 
        date of enactment of this Act, section 507(d) of title 11, 
        United States Code, <<NOTE: 11 USC 507 note.>>  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

[[Page 134 STAT. 3222]]

        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) <<NOTE: Effective date. Time period.>>  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) <<NOTE: Deadline.>>  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;

[[Page 134 STAT. 3223]]

                          ``(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) <<NOTE: Determinations.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  
                                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) <<NOTE: Recommenda- tions.>>  
                                if the Secretary recommends a minimum 
                                necessary repayment period that is 
                                different than the repayment period 
                                proposed in the application,

[[Page 134 STAT. 3224]]

                                the minimum necessary repayment period 
                                recommended by the Secretary; and
                          ``(iii) <<NOTE: Analysis.>>  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

[[Page 134 STAT. 3225]]

                    (B) any amendment or exhibit to the document or 
                exhibits referenced in subparagraph (A) to make the 
                document or exhibits consistent with this section.
            (2) Allotment.--The term ``allotment'' means a parcel of 
        land--
                    (A) granted out of the public domain that is--
                          (i) located within the exterior boundaries of 
                      the Reservation; or
                          (ii) Bureau of Indian Affairs parcel number 
                      792 634511 in San Juan County, Utah, consisting of 
                      160 acres located in Township 41S, Range 20E, 
                      sections 11, 12, and 14, originally set aside by 
                      the United States for the benefit of an individual 
                      identified in the allotting document as a Navajo 
                      Indian; and
                    (B) held in trust by the United States--
                          (i) for the benefit of an individual, 
                      individuals, or an Indian Tribe other than the 
                      Navajo Nation; or
                          (ii) in part for the benefit of the Navajo 
                      Nation as of the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or 
        Indian Tribe with a beneficial interest in an allotment held in 
        trust by the United States.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in subsection 
        (g)(1).
            (5) General stream adjudication.--The term ``general stream 
        adjudication'' means the adjudication pending, as of the date of 
        enactment of this Act, in the Seventh Judicial District in and 
        for Grand County, State of Utah, commonly known as the 
        ``Southeastern Colorado River General Adjudication'', Civil No. 
        810704477, conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law, 
        excluding injuries to water quality.
            (7) Member.--The term ``member'' means any person who is a 
        duly enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
        ``Nation'' means a body politic and federally recognized Indian 
        nation, as published on the list established under section 
        104(a) of the Federally Recognized Indian Tribe List Act of 1994 
        (25 U.S.C. 5131(a)), also known variously as the ``Navajo 
        Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'', 
        and the ``Navajo Nation of Indians'' and other similar names, 
        and includes all bands of Navajo Indians and chapters of the 
        Navajo Nation and all divisions, agencies, officers, and agents 
        thereof.
            (9) Navajo water development projects.--The term ``Navajo 
        water development projects'' means projects for domestic 
        municipal water supply, including distribution infrastructure, 
        and agricultural water conservation, to be constructed, in whole 
        or in part, using monies from the Navajo Water Development 
        Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights'' 
        means the Nation's water rights in Utah described in the 
        agreement and this section.

[[Page 134 STAT. 3226]]

            (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.--

[[Page 134 STAT. 3227]]

                    (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

[[Page 134 STAT. 3228]]

                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

[[Page 134 STAT. 3229]]

        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) <<NOTE: Determination.>>  Enforcement.--
                      The Secretary may carry out such judicial and 
                      administrative actions as the Secretary determines 
                      to be necessary to enforce the Tribal management 
                      plan to ensure that amounts withdrawn by the 
                      Nation from the Trust Fund under this subparagraph 
                      are used in accordance with this section.
                    (B) Withdrawals under expenditure plan.--The Nation 
                may submit to the Secretary a request to withdraw funds 
                from the Trust Fund pursuant to an approved expenditure 
                plan.
                          (i) Requirements.--To be eligible to withdraw 
                      funds under an expenditure plan under this 
                      subparagraph, the Nation shall submit to the 
                      Secretary for approval an expenditure plan for any 
                      portion of the Trust Fund that the Nation elects 
                      to withdraw pursuant to this subparagraph, subject 
                      to the condition that the funds shall be used for 
                      the purposes described in this section.
                          (ii) Inclusions.--An expenditure plan under 
                      this subparagraph shall include a description of 
                      the manner and purpose for which the amounts 
                      proposed to be withdrawn from the Trust Fund will 
                      be used by the Nation, in accordance with 
                      paragraphs (3) and (8).
                          (iii) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3230]]

            (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

[[Page 134 STAT. 3231]]

        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) <<NOTE: Effective date. Federal Register, 
        publication.>>  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

[[Page 134 STAT. 3232]]

                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--

[[Page 134 STAT. 3233]]

                    (A) all claims for injuries to and the enforcement 
                of the agreement and the final or interlocutory decree 
                entered in the general stream adjudication, through such 
                legal and equitable remedies as may be available in the 
                decree court or the Federal District Court for the 
                District of Utah;
                    (B) all rights to use and protect water rights 
                acquired after the enforceability date;
                    (C) all claims relating to activities affecting the 
                quality of water, including any claims under the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9601 et seq.) 
                (including claims for damages to natural resources), the 
                Safe Drinking Water Act (42 U.S.C. 300f et seq.), and 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.), the regulations implementing those Acts, and 
                the common law;
                    (D) all claims for water rights, and claims for 
                injury to water rights, in States other than the State 
                of Utah;
                    (E) all claims, including environmental claims, 
                under any laws (including regulations and common law) 
                relating to human health, safety, or the environment; 
                and
                    (F) all rights, remedies, privileges, immunities, 
                and powers not specifically waived and released pursuant 
                to the agreement and this section.
            (4) Effect.--Nothing in the agreement or this section--
                    (A) affects the ability of the United States acting 
                in its sovereign capacity to take actions authorized by 
                law, including any laws relating to health, safety, or 
                the environment, including the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking 
                Water Act (42 U.S.C. 300f et seq.), the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.), the 
                Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and 
                the regulations implementing those laws;
                    (B) affects the ability of the United States to take 
                actions in its capacity as trustee for any other Indian 
                Tribe or allottee;
                    (C) confers jurisdiction on any State court to--
                          (i) <<NOTE: Determination.>>  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

[[Page 134 STAT. 3234]]

                      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.

[[Page 134 STAT. 3235]]

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)''.

[[Page 134 STAT. 3236]]

    (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;

[[Page 134 STAT. 3237]]

                          ``(iv) complies with the terms of the 611(g) 
                      Agreement; and
                          ``(v) despite diligent efforts cannot complete 
                      construction of the Regional Water System as 
                      described in the final Engineering Report (as 
                      amended by the 611(g) Agreement), due solely to 
                      the lack of additional authorized funding.'';
            (2) in paragraph (2)--
                    (A) by striking ``2021'' and inserting ``2025''; and
                    (B) by striking ``2024'' and inserting ``2028'';
            (3) in paragraph (3), in the matter preceding subparagraph 
        (A), by striking ``2021'' and inserting ``2025'';
            (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and 
        inserting ``2027''; and
            (5) in paragraph (5)(A), by striking ``2024'' and inserting 
        ``2028''.
SEC. 1104. KICKAPOO TRIBE.

    (a) Definition of Upper Delaware and Tributaries Watershed Plan.--In 
this section, the term ``Upper Delaware and Tributaries Watershed Plan'' 
means the plan described in the document entitled ``Watershed Plan and 
Environmental Impact Statement Upper Delaware and Tributaries Watershed 
Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', dated January 
1994, and supplemented in June 1994--
            (1) developed, pursuant to the Watershed Protection and 
        Flood Prevention Act (16 U.S.C. 1001 et seq.)--
                    (A) by the Kickapoo Tribe, certain watershed and 
                conservation districts in the State of Kansas, and the 
                Department of Wildlife and Parks of the State of Kansas; 
                and
                    (B) with the cooperation and technical assistance of 
                the Natural Resources Conservation Service; and
            (2) described in the report of the Committee on Environment 
        and Public Works of the Senate (Senate Report 105-13; April 22, 
        1997).

    (b) <<NOTE: Consultation.>>  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) <<NOTE: Deadline. Recommenda- tions.>>  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. <<NOTE: Aquifer Recharge Flexibility Act. 43 USC 390g-
                          9.>>  AQUIFER RECHARGE FLEXIBILITY.

    (a) Short Title.--This section may be cited as the ``Aquifer 
Recharge Flexibility Act''.
    (b) Definitions.--In this Act:

[[Page 134 STAT. 3238]]

            (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

[[Page 134 STAT. 3239]]

                      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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3240]]

            (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.''.

[[Page 134 STAT. 3241]]

    (b) Grants and Cooperative Agreements.--Section 9504(a) of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or carrying out any activity'' after ``any 
                improvement'';
                    (B) by redesignating subparagraphs (F), (G), and (H) 
                as subparagraphs (G), (H), and (J), respectively;
                    (C) by inserting after subparagraph (E) the 
                following:
                    ``(F) to assist States and water users in complying 
                with interstate compacts or reducing basin water supply-
                demand imbalances;'';
                    (D) in subparagraph (G) (as so redesignated), by 
                striking ``to prevent'' and inserting ``to achieve the 
                prevention of'';
                    (E) in subparagraph (H) (as so redesignated)--
                          (i) by striking ``to accelerate'' and 
                      inserting ``to achieve the acceleration of''; and
                          (ii) by striking ``or'' at the end;
                    (F) by inserting after subparagraph (H) (as so 
                redesignated) the following:
                    ``(I) to improve the condition of a natural feature; 
                or''; and
                    (G) in subparagraph (J) (as so redesignated)--
                          (i) in clause (i), by striking ``or'' at the 
                      end;
                          (ii) in clause (ii), by striking the period at 
                      the end and inserting ``; or''; and
                          (iii) by adding at the end the following:
                          ``(iii) to plan for or address the impacts of 
                      drought.'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                          (i) in clause (ii), by striking ``or'';
                          (ii) in clause (iii), by striking ``and'' and 
                      inserting ``or''; and
                          (iii) by adding at the end the following:
                          ``(iv) the Commonwealth of Puerto Rico; and''; 
                      and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) submit to the Secretary an application that 
                includes--
                          ``(i) a proposal of the improvement or 
                      activity to be planned, designed, constructed, or 
                      implemented by the eligible applicant; and
                          ``(ii) for a project that is intended to have 
                      a quantifiable water savings and would receive a 
                      grant of $500,000 or more--
                                    ``(I) a proposal for a monitoring 
                                plan of at least 5 years that would 
                                demonstrate ways in which the proposed 
                                improvement or activity would result in 
                                improved streamflows or aquatic habitat; 
                                or
                                    ``(II) for a project that does not 
                                anticipate improved streamflows or 
                                aquatic habitat, an analysis of ways in 
                                which the proposed improvement

[[Page 134 STAT. 3242]]

                                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) <<NOTE: Determination.>>  
                                        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

[[Page 134 STAT. 3243]]

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) <<NOTE: Deadline. Update.>>  Establishment of Application 
Process; Criteria.--Not later than September 30, 2021, the Secretary 
shall update--
            ``(1) the application process for the program; and
            ``(2) <<NOTE: Consultation.>>  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

[[Page 134 STAT. 3244]]

                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) <<NOTE: Determination.>>  Credit.--In 
                determining the exact amount for which the District is 
                liable under this paragraph, the Secretary shall--
                          ``(i) <<NOTE: Review.>>  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. <<NOTE: 33 USC 2330c.>>  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) <<NOTE: Contracts.>>  General Authority.--
            (1) <<NOTE: Determination.>>  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--

[[Page 134 STAT. 3245]]

                    (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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  the Secretary 
                determines the proposed project--
                          (i) will not result in an unmitigated adverse 
                      impact on fulfillment of existing water delivery 
                      obligations consistent with historical operations 
                      and applicable contracts;
                          (ii) will not result in an unmitigated adverse 
                      effect on the environment;
                          (iii) is consistent with the responsibilities 
                      of the Secretary--
                                    (I) in the role as trustee for 
                                federally recognized Indian Tribes; and
                                    (II) to ensure compliance with any 
                                applicable international and Tribal 
                                treaties and agreements and interstate 
                                compacts and agreements;
                          (iv) is in the financial interest of the 
                      United States based on a determination that the 
                      project advances Federal objectives including 
                      environmental enhancement objectives in a 
                      Reclamation State; and
                          (v) complies with all applicable Federal and 
                      State law, including environmental laws; and
                    (D) the Secretary has complied with all applicable 
                environmental laws, including--
                          (i) the National Environmental Policy Act of 
                      1969 (42 U.S.C. 4321 et seq.);
                          (ii) the Endangered Species Act of 1973 (16 
                      U.S.C. 1531 et seq.); and
                          (iii) subtitle III of title 54, United States 
                      Code.

[[Page 134 STAT. 3246]]

    (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. <<NOTE: Clean Water for Rural Communities 
                          Act. Montana. North Dakota.>>  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

[[Page 134 STAT. 3247]]

                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) <<NOTE: Determination.>>  any 
                                other facility or service required for 
                                the development of a rural water 
                                distribution system, as determined by 
                                the Secretary; and

[[Page 134 STAT. 3248]]

                                    (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) <<NOTE: Consultation. Review. Determination.>>  
                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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3249]]

            (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. <<NOTE: Snow Water Supply Forecasting Program 
                          Authorization Act. 43 USC 1477.>>  SNOW 
                          WATER SUPPLY FORECASTING.

    (a) Short Title.--This section may be cited as the ``Snow Water 
Supply Forecasting Program Authorization Act''.
    (b) Definition of Program.--In this Act, the term ``program'' means 
the Snow Water Supply Forecasting Program established by subsection (c).
    (c) Snow Water Supply Forecasting Program.--
            (1) Program establishment.--The Snow Water Supply 
        Forecasting Program is hereby established within the Department 
        of the Interior.
            (2) Program implementation.--To implement the program, the 
        Secretary shall--
                    (A) develop the program framework in coordination 
                with other Federal agencies pursuant to subsection (d), 
                culminating in the report required under subsection 
                (d)(3); and
                    (B) after submitting the report required by 
                subsection (d)(3), implement activities to improve 
                snowpack measurement in particular watersheds pursuant 
                to subsection (e).

    (d) Development of Program Framework in Coordination With Other 
Federal Agencies.--
            (1) Snowpack measurement data.--When determining water 
        supply forecasts or allocations to Federal water contractors, 
        the Secretary, acting through the Commissioner of the Bureau of 
        Reclamation, shall incorporate, to the greatest extent 
        practicable, information from emerging technologies for snowpack 
        measurement, such as--
                    (A) synthetic aperture radar;
                    (B) laser altimetry; and
                    (C) <<NOTE: Determination.>>  other emerging 
                technologies that the Secretary determines are likely to 
                provide more accurate or timely snowpack measurement 
                data.

[[Page 134 STAT. 3250]]

            (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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 3251]]

    (f) <<NOTE: Lists.>>  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. <<NOTE: 33 USC 2330c note.>>  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.

[[Page 134 STAT. 3252]]

 TITLE XII--HORSERACING <<NOTE: Horseracing Integrity and Safety Act of 
2020.>>  INTEGRITY AND SAFETY
SEC. 1201. <<NOTE: 15 USC 3051 note.>>  SHORT TITLE.

    This title may be cited as the ``Horseracing Integrity and Safety 
Act of 2020''.
SEC. 1202. <<NOTE: 13 USC 3051.>>  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.

[[Page 134 STAT. 3253]]

            (11) Interstate off-track wager.--The term ``interstate off-
        track wager'' has the meaning given such term in section 3 of 
        the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
            (12) Jockey.--The term ``jockey'' means a rider or driver of 
        a covered horse in covered horseraces.
            (13) Owner.--The term ``owner'' means a person who holds an 
        ownership interest in one or more covered horses.
            (14) Program effective date.--The term ``program effective 
        date'' means July 1, 2022.
            (15) Racetrack.--The term ``racetrack'' means an 
        organization licensed by a State racing commission to conduct 
        covered horseraces.
            (16) Racetrack safety program.--The term ``racetrack safety 
        program'' means the program established under section 1207(a).
            (17) Stakes race.--The term ``stakes race'' means any race 
        so designated by the racetrack at which such race is run, 
        including, without limitation, the races comprising the 
        Breeders' Cup World Championships and the races designated as 
        graded stakes by the American Graded Stakes Committee of the 
        Thoroughbred Owners and Breeders Association.
            (18) State racing commission.--The term ``State racing 
        commission'' means an entity designated by State law or 
        regulation that has jurisdiction over the conduct of horseracing 
        within the applicable State.
            (19) Trainer.--The term ``trainer'' means an individual 
        engaged in the training of covered horses.
            (20) Training facility.--The term ``training facility'' 
        means a location that is not a racetrack licensed by a State 
        racing commission that operates primarily to house covered 
        horses and conduct official timed workouts.
            (21) Veterinarian.--The term ``veterinarian'' means a 
        licensed veterinarian who provides veterinary services to 
        covered horses.
            (22) Workout.--The term ``workout'' means a timed running of 
        a horse over a predetermined distance not associated with a race 
        or its first qualifying race, if such race is made subject to 
        this Act by election under section 1205(k) of the horse's breed 
        governing organization or the applicable State racing 
        commission.
SEC. 1203. <<NOTE: 15 USC 3052.>>  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.--

[[Page 134 STAT. 3254]]

                          (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.

[[Page 134 STAT. 3255]]

                          (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) <<NOTE: Deadlines. Determination.>>  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

[[Page 134 STAT. 3256]]

                      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) <<NOTE: Federal Register, 
                                publication.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Termination date.>>  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

[[Page 134 STAT. 3257]]

                other fees on covered persons, shall be allocated, 
                assessed, and collected.
            (3) Assessment and collection of fees by the authority.--
                    (A) <<NOTE: Time period.>>  Calculation.--If a State 
                racing commission does not elect to remit fees pursuant 
                to paragraph (2) or withdraws its election under such 
                paragraph, the Authority shall, not less frequently than 
                monthly, calculate the applicable fee per racing start 
                multiplied by the number of racing starts in the State 
                during the preceding month.
                    (B) Allocation.--The Authority shall allocate 
                equitably the amount calculated under subparagraph (A) 
                collected among covered persons involved with covered 
                horseraces pursuant to such rules as the Authority may 
                promulgate.
                    (C) Assessment and collection.--
                          (i) In general.--The Authority shall assess a 
                      fee equal to the allocation made under 
                      subparagraph (B) and shall collect such fee 
                      according to such rules as the Authority may 
                      promulgate.
                          (ii) Remittance of fees.--Covered persons 
                      described in subparagraph (B) shall be required to 
                      remit such fees to the Authority.
                    (D) Limitation.--A State racing commission that does 
                not elect to remit fees pursuant to paragraph (2) or 
                that withdraws its election under such paragraph shall 
                not impose or collect from any person a fee or tax 
                relating to anti-doping and medication control or 
                racetrack safety matters for covered horseraces.
            (4) Fees and fines.--Fees and fines imposed by the Authority 
        shall be allocated toward funding of the Authority and its 
        activities.
            (5) Rule of construction.--Nothing in this Act shall be 
        construed to require--
                    (A) the appropriation of any amount to the 
                Authority; or
                    (B) the Federal Government to guarantee the debts of 
                the Authority.

    (g) Quorum.--For all items where Board approval is required, the 
Authority shall have present a majority of independent members.
SEC. 1204. <<NOTE: 15 USC 3053.>>  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;

[[Page 134 STAT. 3258]]

            (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) <<NOTE: Federal Register, publication.>>  
                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) <<NOTE: Deadlines.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Federal Register, publication.>>  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.

[[Page 134 STAT. 3259]]

SEC. 1205. <<NOTE: 15 USC 3054.>>  JURISDICTION OF THE COMMISSION 
                          AND THE HORSERACING INTEGRITY AND SAFETY 
                          AUTHORITY.

    (a) <<NOTE: Effective date.>>  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) <<NOTE: Regulations.>>  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).

[[Page 134 STAT. 3260]]

            (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) <<NOTE: Contracts.>>  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,

[[Page 134 STAT. 3261]]

                      substances, and methods in violation of the rules 
                      established in accordance with this Act;
                          (iii) implement anti-doping education, 
                      research, testing, compliance and adjudication 
                      programs designed to prevent covered persons and 
                      covered horses from using or administering 
                      medications, substances, and methods in violation 
                      of the rules established in accordance with this 
                      Act;
                          (iv) exercise the powers specified in section 
                      1206(c)(4) in accordance with that section; and
                          (v) implement and undertake any other 
                      responsibilities specified in the agreement.
                    (F) Term and extension.--
                          (i) Term of initial agreement.--The initial 
                      agreement entered into by the Authority under this 
                      paragraph shall be in effect for the 5-year period 
                      beginning on the program effective date.
                          (ii) Extension.--At the end of the 5-year 
                      period described in clause (i), the Authority 
                      may--
                                    (I) extend the term of the initial 
                                agreement under this paragraph for such 
                                additional term as is provided by the 
                                rules of the Authority and consistent 
                                with this Act; or
                                    (II) enter into an agreement meeting 
                                the requirements of this paragraph with 
                                an entity described by subparagraph (B) 
                                for such term as is provided by such 
                                rules and consistent with this Act.
            (2) Agreements for enforcement by state racing 
        commissions.--
                    (A) State racing commissions.--
                          (i) Racetrack safety program.--The Authority 
                      may enter into agreements with State racing 
                      commissions for services consistent with the 
                      enforcement of the racetrack safety program.
                          (ii) Anti-doping and medication control 
                      program.--The anti-doping and medication control 
                      enforcement agency may enter into agreements with 
                      State racing commissions for services consistent 
                      with the enforcement of the anti-doping and 
                      medication control program.
                    (B) Elements of agreements.--Any agreement under 
                this paragraph shall include a description of the scope 
                of work, performance metrics, reporting obligations, 
                budgets, and any other matter the Authority considers 
                appropriate.
            (3) <<NOTE: Coordination.>>  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) <<NOTE: Recommenda- tions.>>  In general.--
                Recommendations for rules regarding anti-doping and 
                medication control shall be developed in accordance with 
                section 1206.

[[Page 134 STAT. 3262]]

                    (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) <<NOTE: Recommenda- tions.>>  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.--

[[Page 134 STAT. 3263]]

                    (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. <<NOTE: 15 USC 3055.>>  HORSERACING ANTI-DOPING AND 
                          MEDICATION CONTROL PROGRAM.

    (a) Program Required.--
            (1) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3264]]

    (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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  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 <<NOTE: Time period.>>  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) <<NOTE: Consultation.>>  Control rules, 
                protocols, etc.--Except as provided in paragraph (5), 
                the anti-doping and medication control program 
                enforcement agency under section 1205(e)

[[Page 134 STAT. 3265]]

                shall, in consultation with the anti-doping and 
                medication control standing committee of the Authority 
                and consistent with international best practices, 
                develop and recommend anti-doping and medication control 
                rules, protocols, policies, and guidelines for approval 
                by the Authority.
                    (B) Results management.--The anti-doping and 
                medication control enforcement agency shall conduct and 
                oversee anti-doping and medication control results 
                management, including independent investigations, 
                charging and adjudication of potential medication 
                control rule violations, and the enforcement of any 
                civil sanctions for such violations. Any final decision 
                or civil sanction of the anti-doping and medication 
                control enforcement agency under this subparagraph shall 
                be the final decision or civil sanction of the 
                Authority, subject to review in accordance with section 
                1209.
                    (C) Testing.--The anti-doping enforcement agency 
                shall perform and manage test distribution planning 
                (including intelligence-based testing), the sample 
                collection process, and in-competition and out-of-
                competition testing (including no-advance-notice 
                testing).
                    (D) Testing laboratories.--The anti-doping and 
                medication control enforcement agency shall accredit 
                testing laboratories based upon the standards 
                established under this Act, and shall monitor, test, and 
                audit accredited laboratories to ensure continuing 
                compliance with accreditation standards.
            (5) Anti-doping and medication control standing committee.-- 
        <<NOTE: Consultation. Lists. Recommenda- tions.>> 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. <<NOTE: Determination.>>  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) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Recommenda- tions.>>  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

[[Page 134 STAT. 3266]]

        that includes recommended changes, if any, to the prohibition in 
        subsection (d).
            (3) Modification of prohibition.--
                    (A) <<NOTE: Applicability. Effective date.>>  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) <<NOTE: Time period. Effective date.>>  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.--

[[Page 134 STAT. 3267]]

                    (A) <<NOTE: List.>>  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. <<NOTE: 15 USC 3056.>>  RACETRACK SAFETY PROGRAM.

    (a) Establishment and Considerations.--
            (1) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3268]]

        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) <<NOTE: Evaluation.>>  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) <<NOTE: Deadline.>>  In general.--Not later than 
                120 days before the program effective date, the 
                Authority, in consultation with

[[Page 134 STAT. 3269]]

                the racetrack safety standing committee, shall issue, by 
                rule in accordance with section 1204--
                          (i) safety and performance standards of 
                      accreditation for racetracks; and
                          (ii) the process by which a racetrack may 
                      achieve and maintain accreditation by the 
                      Authority.
                    (B) Modifications.--
                          (i) In general.--The Authority may modify 
                      rules establishing the standards issued under 
                      subparagraph (A), as the Authority considers 
                      appropriate.
                          (ii) <<NOTE: Federal Register, publication.>>  
                      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. <<NOTE: 15 USC 3057.>>  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.

[[Page 134 STAT. 3270]]

                    (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) <<NOTE: Deadline.>>  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-

[[Page 134 STAT. 3271]]

        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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3272]]

            (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. <<NOTE: 15 USC 3058.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 3273]]

                          (iii) may make any finding or conclusion that, 
                      in the judgment of the administrative law judge, 
                      is proper and based on the record.
                    (B) Final decision.--A decision under this paragraph 
                shall constitute the decision of the Commission without 
                further proceedings unless a notice or an application 
                for review is timely filed under subsection (c).

    (c) Review by Commission.--
            (1) Notice of review by commission.--The Commission may, on 
        its own motion, review any decision of an administrative law 
        judge issued under subsection (b)(3) by providing written notice 
        to the Authority and any interested party not later than 30 days 
        after the date on which the administrative law judge issues the 
        decision.
            (2) Application for review.--
                    (A) In general.--The Authority or a person aggrieved 
                by a decision issued under subsection (b)(3) may 
                petition the Commission for review of such decision by 
                filing an application for review not later than 30 days 
                after the date on which the administrative law judge 
                issues the decision.
                    (B) Effect of denial of application for review.--If 
                an application for review under subparagraph (A) is 
                denied, the decision of the administrative law judge 
                shall constitute the decision of the Commission without 
                further proceedings.
                    (C) Discretion of commission.--
                          (i) In general.--A decision with respect to 
                      whether to grant an application for review under 
                      subparagraph (A) is subject to the discretion of 
                      the Commission.
                          (ii) <<NOTE: Determination.>>  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.--

[[Page 134 STAT. 3274]]

                          (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. <<NOTE: 15 USC 3059.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 15 USC 3060.>>  STATE DELEGATION; COOPERATION.

    (a) State Delegation.--
            (1) <<NOTE: Contracts. Determination.>>  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.

[[Page 134 STAT. 3275]]

    (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. <<NOTE: COVID-19 Consumer Protection Act. 15 USC 45 
                          note.>>  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--

[[Page 134 STAT. 3276]]

            (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 <<NOTE: American Competitiveness Of a More Productive 
Emerging Tech Economy Act.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Survey. Lists.>>  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;

[[Page 134 STAT. 3277]]

                                    (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) <<NOTE: List.>>  develop a comprehensive 
                      list of Federal agencies with jurisdiction over 
                      the entities and industry sectors identified under 
                      clause (i);
                          (iii) identify which Federal agency or 
                      agencies listed under clause (ii) each entity or 
                      industry sector interacts with;
                          (iv) identify all interagency activities that 
                      are taking place among the Federal agencies listed 
                      under clause (ii), such as working groups or other 
                      coordinated efforts;
                          (v) develop a brief description of the 
                      jurisdiction and expertise of the Federal agencies 
                      listed under clause (ii) with regard to such 
                      entities and industry sectors;
                          (vi) identify all regulations, guidelines, 
                      mandatory standards, voluntary standards, and 
                      other policies implemented by each of the Federal 
                      agencies identified under clause (ii), as well as 
                      all guidelines, mandatory standards, voluntary 
                      standards, and other policies implemented by 
                      industry-based bodies;
                          (vii) identify Federal Government resources 
                      that exist for consumers and small businesses to 
                      evaluate the use of artificial intelligence; and
                          (viii) <<NOTE: Consultation.>>  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) <<NOTE: Assessment.>>  identify and assess risks 
                posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web postings.>>  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) <<NOTE: Recommenda- tions. Strategies.>>  
                recommendations to--
                          (i) grow the United States economy through the 
                      secure advancement of artificial intelligence;

[[Page 134 STAT. 3278]]

                          (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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: Survey. Lists.>>  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) <<NOTE: List.>>  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

[[Page 134 STAT. 3279]]

                      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) <<NOTE: Assessment.>>  assess the severity of 
                risks posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Recommenda- tions. Strategies.>>  
                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

[[Page 134 STAT. 3280]]

                          (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) <<NOTE: Deadline.>>  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) <<NOTE: Survey. Lists.>>  
                                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) <<NOTE: List.>>  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) <<NOTE: Consultation.>>  consult with 
                      the Office of Science and Technology Policy and 
                      interagency efforts on quantum authorized by 
                      sections 102 and 103 of the National

[[Page 134 STAT. 3281]]

                      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) <<NOTE: Assessment.>>  assess the severity of 
                risks posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web postings.>>  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) <<NOTE: Recommenda- tions. Strategies.>>  
                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) <<NOTE: Deadline.>>  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) <<NOTE: Survey. Lists.>>  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;

[[Page 134 STAT. 3282]]

                                    (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) <<NOTE: List.>>  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) <<NOTE: Assessment.>>  assess the severity of 
                risks posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web postings.>>  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) <<NOTE: Recommenda- tions. Strategies.>>  
                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;

[[Page 134 STAT. 3283]]

                          (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) <<NOTE: Deadline. Coordination.>>  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) <<NOTE: Survey. Lists.>>  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) <<NOTE: List.>>  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

[[Page 134 STAT. 3284]]

                          (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) <<NOTE: Assessment.>>  assess the severity of 
                risks posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web postings.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  establish a 
                                list of the industry sectors that 
                                develop and use unmanned delivery 
                                services, including the use of 
                                autonomous vehicles, drones, and robots;
                                    (II) <<NOTE: Review.>>  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;

[[Page 134 STAT. 3285]]

                                    (IV) <<NOTE: Review.>>  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) <<NOTE: Evaluation.>>  
                                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) <<NOTE: Evaluation.>>  evaluate 
                                the effect of the adoption unmanned 
                                delivery services on job quality for 
                                low, middle, and high-skilled workers.
                          (ii) Develop and conduct a survey of Federal 
                      activity related to unmanned delivery services 
                      to--
                                    (I) establish a list of Federal 
                                agencies asserting jurisdiction over 
                                industry sectors identified under clause 
                                (i)(II);
                                    (II) develop a brief description of 
                                the jurisdiction and expertise of the 
                                Federal agencies regarding unmanned 
                                delivery services; and
                                    (III) identify all interagency 
                                activities regarding unmanned delivery 
                                services.
                          (iii) Conduct a survey of the marketplace and 
                      supply chain of unmanned delivery services to--
                                    (I) <<NOTE: Assessment.>>  assess 
                                the severity of risks posed to such 
                                marketplace and supply chain;
                                    (II) <<NOTE: Review.>>  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) <<NOTE: Coordination. Public information. Web 
                posting.>>  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

[[Page 134 STAT. 3286]]

                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) <<NOTE: Recommenda- tions.>>  
                      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) <<NOTE: Survey. Lists.>>  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) <<NOTE: List.>>  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;

[[Page 134 STAT. 3287]]

                    (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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Survey. Lists.>>  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

[[Page 134 STAT. 3288]]

                                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) <<NOTE: List.>>  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) <<NOTE: Assessment.>>  assess the severity of 
                risks posed to such marketplace and supply chain;
                    (B) <<NOTE: Review.>>  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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Recommenda- tions. Strategies.>>  
                recommendations to--

[[Page 134 STAT. 3289]]

                          (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) <<NOTE: Deadline.>>  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) <<NOTE: Public information. Web posting. Recommenda- 
        tions.>>  Report to congress.--Not later than 6 months after the 
        completion of the study required pursuant to paragraph (1), the 
        Commission shall submit to the Committee on Energy and Commerce 
        and the Committee on Science, Space, and Technology of the House 
        of Representatives, and the Committee on Commerce, Science, and 
        Transportation of the Senate, and make publicly available on its 
        website, a report that contains--
                    (A) the results of the study conducted under 
                paragraph (1);
                    (B) recommendations on how artificial intelligence 
                may be used to address the online harms described in 
                paragraph (1)(B);

[[Page 134 STAT. 3290]]

                    (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) <<NOTE: Notification.>>  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. <<NOTE: 38 USC 1701 note.>>  RECORDING OF OBLIGATIONS.

    Hereafter, <<NOTE: Effective date.>>  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

[[Page 134 STAT. 3291]]

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, <<NOTE: Effective date.>>  That 
this title shall take effect as if enacted on October 1, 2018:  Provided 
further, That <<NOTE: Consultation. Reports.>>  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 <<NOTE: Sudan Claims Resolution Act.>>  CLAIMS 
RESOLUTION
SEC. 1701. <<NOTE: 28 USC 1605A note.>>  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,

[[Page 134 STAT. 3292]]

        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.

[[Page 134 STAT. 3293]]

            (2) Certification.--A certification described in this 
        paragraph is a certification by the Secretary to the appropriate 
        congressional committees stating that--
                    (A) the August 12, 1993, designation of Sudan as a 
                state sponsor of terrorism has been formally rescinded;
                    (B) Sudan has made final payments with respect to 
                the private settlement of the claims of victims of the 
                U.S.S. Cole attack; and
                    (C) the United States Government has received funds 
                pursuant to the claims agreement that are sufficient to 
                ensure--
                          (i) payment of the agreed private settlement 
                      amount for the death of a citizen of the United 
                      States who was an employee of the United States 
                      Agency for International Development in Sudan on 
                      January 1, 2008;
                          (ii) meaningful compensation for claims of 
                      citizens of the United States (other than 
                      individuals described in section 1707(a)(1)) for 
                      wrongful death or physical injury in cases arising 
                      out of the August 7, 1998, bombings of the United 
                      States embassies located in Nairobi, Kenya, and 
                      Dar es Salaam, Tanzania; and
                          (iii) funds for compensation through a fair 
                      process to address compensation for terrorism-
                      related claims of foreign nationals for wrongful 
                      death or physical injury arising out of the events 
                      referred to in clause (ii).

    (b) Scope.--Subject to section 1706, subsection (a) of this section 
shall apply to all conduct and any event occurring before the date of 
the certification described in subsection (a)(2), regardless of whether, 
or the extent to which, application of that subsection affects any 
action filed before, on, or after that date.
    (c) Authority of the Secretary.--The certification by the Secretary 
referred to in subsection (a)(2) may not be delegated and may not be 
subject to judicial review.
SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES 
                          VICTIMS OF STATE SPONSORED TERRORISM 
                          FUND.

    (a) In General.--The Justice for United States Victims of State 
Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
            (1) in subsection (c)(2)(A)(i), by striking ``state sponsor 
        of terrorism'' and inserting ``foreign state that was designated 
        as a state sponsor of terrorism at the time the acts described 
        in clause (ii) occurred or was so designated as a result of such 
        acts'';
            (2) in subsection (e)(6), by striking ``January 2, 2030'' 
        each place it appears and inserting ``January 2, 2039''; and
            (3) in subsection (j)(6), in the first sentence, by 
        inserting after ``final judgment'' the following: ``, except 
        that the term does not include payments received in connection 
        with an international claims agreement to which the United 
        States is a state party or any other settlement of terrorism-
        related claims against Sudan''.

    (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and 
9/11 Dependents.--Subsection (d)(4) of the Justice

[[Page 134 STAT. 3294]]

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) <<NOTE: Deadline. Audit. Federal 
                      Register, publication. Notice.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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--

[[Page 134 STAT. 3295]]

                    (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--

[[Page 134 STAT. 3296]]

                    (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

[[Page 134 STAT. 3297]]

        the delivery of the authorization letter under paragraph (2), 
        the Secretary shall require the individual to execute a writing 
        that includes a waiver and release of all the individual's 
        rights to assert claims for compensatory or other relief in any 
        form or to enforce any judgment against Sudan in connection 
        with, and any claims against the United States related to, any 
        claim, suit, or action specified in Article II of the claims 
        agreement.

    (c) Foreign Nationals.--Notwithstanding any other provision of law 
or the claims agreement--
            (1) individuals described in subsection (a)(1) are not 
        eligible to receive any compensation as provided by Sudan 
        pursuant to Article III of the claims agreement; and
            (2) the funds provided by Sudan for distribution of 
        compensation to such individuals pursuant to the Annex of the 
        claims agreement shall be redistributed--
                    (A) among all other individuals eligible for 
                compensation under section (c) of the Annex to the 
                claims agreement consistent with the principles set out 
                in that Annex; or
                    (B) if Sudan and the foreign nationals eligible for 
                compensation reach a private settlement, then pursuant 
                to the terms of that settlement.

    (d) Department of State Reporting Requirements.--
            (1) Initial report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a report that includes a 
        detailed description of the plan of the Department of State for 
        the distribution of payments to each category of individual 
        described in subsection (a)(1), including how the Department is 
        arriving at compensation levels for each individual and the 
        amount of compensation each such individual will receive from 
        funds made available to carry out that subsection.
            (2) Updated report.--Not later than December 31, 2021, the 
        Secretary shall submit to the appropriate congressional 
        committees a report describing--
                    (A) whether the distribution plan described in 
                paragraph (1) was carried out; and
                    (B) whether compensation levels were provided as 
                described in the report required by paragraph (1).

    (e) Comptroller General Report.--Not later than December 31, 2022, 
the Comptroller General of the United States shall submit to the 
appropriate congressional committees a report assessing the 
implementation of this section by the Department of State, including 
whether--
            (1) all distributions were made in accordance with the 
        requirements of subsections (a), (b), and (c); and
            (2) all individuals described in subsection (a)(1) received 
        compensation from amounts made available to carry out that 
        subsection in the manner described in subsection (a)(2).
SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.

    (a) Findings.--Congress makes the following findings:
            (1) Congress and the executive branch share responsibility 
        for the foreign relations of the United States pursuant to 
        Article I and Article II of the Constitution of the United 
        States.
            (2) All legislative powers of the Federal Government, 
        including on matters of foreign relations, are vested in the

[[Page 134 STAT. 3298]]

        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 <<NOTE: Theodore Roosevelt Presidential Library 
Conveyance Act of 2020. North Dakota.>>  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) <<NOTE: Deadline.>>  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.

[[Page 134 STAT. 3299]]

    (b) <<NOTE: Payment. Determination.>>  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) <<NOTE: Determination.>>  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 <<NOTE: United States-Mexico Economic Partnership 
Act.>>  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.

[[Page 134 STAT. 3300]]

            (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) <<NOTE: Assessment.>>  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

[[Page 134 STAT. 3301]]

        medical licensing board exams, and nursing students can pass 
        nursing licensing exams, in the United States.

    (c) <<NOTE: Deadline.>>  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. <<NOTE: 15 USC 2066 note.>>  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. <<NOTE: Consultation.>>  The Commission 
shall consult with United States Customs and Border Protection, and 
other relevant agencies, including health and safety agencies, on 
methods to safely staff ports during the pandemic.

    (b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
The Commission shall hire, train, and assign not fewer than 16 
additional full-time equivalent personnel to be stationed at or 
supporting efforts at ports of entry, including ports of entry for de 
minimis shipments, for the purpose of identifying, assessing, and 
addressing shipments of violative consumer products. Such hiring shall 
continue during each fiscal year until the total number of full-time 
equivalent personnel equals and sustains the staffing requirements 
identified in the report to Congress required under subsection 
(c)(2)(F).
    (c) Report to Congress.--
            (1) <<NOTE: Public information. Study. Assessment.>>  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--

[[Page 134 STAT. 3302]]

                          (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) <<NOTE: Examination.>>  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) <<NOTE: Examination.>>  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) <<NOTE: Assessment.>>  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.

[[Page 134 STAT. 3303]]

  TITLE XXI--COVID-19 <<NOTE: COVID-19 Regulatory Relief and Work From 
Home Safety Act.>>  REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT
SEC. 2101. <<NOTE: 15 USC 1191 note.>>  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;

[[Page 134 STAT. 3304]]

                    (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) <<NOTE: Effective date. Time period. Regulations.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Compliance.>>  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;

[[Page 134 STAT. 3305]]

                    (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.

    Approved December 27, 2020.

LEGISLATIVE HISTORY--H.R. 133:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    Jan. 10, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Jan. 15, considered and passed 
                                        Senate, amended.
                                    Dec. 21, House concurred in Senate 
                                        amendment with an amendment. 
                                        Senate concurred in House 
                                        amendment.

                                  <all>