[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