    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consolidated Appropriations Act,
    2021''.
    SEC. 2. TABLE OF CONTENTS.

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

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

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

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

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

    DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021

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

    [[Page 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 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 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. <>  REFERENCES.

    Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.
    SEC. 4. EXPLANATORY STATEMENT.

    The explanatory statement regarding this Act, printed in the House
    section of the Congressional Record on or about December 21, 2020, and
    submitted by the Chairwoman of the Committee on Appropriations of the
    House, shall have the same effect with respect to the allocation of
    funds and implementation of divisions A through L of this Act as if it
    were a joint explanatory statement of a committee of conference.
    SEC. 5. STATEMENT OF APPROPRIATIONS.

    The following sums in this Act are appropriated, out of any money in
    the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2021.
    SEC. 6. <>  AVAILABILITY OF FUNDS.

    (a) Each amount designated in this Act by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 shall be
    available (or rescinded, if applicable) only if the President
    subsequently so designates all such amounts and transmits such
    designations to the Congress.
    (b) Each amount designated in this Act by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985 shall be available (or rescinded, if applicable) only if the
    President subsequently so designates all such amounts and transmits such
    designations to the Congress.
    SEC. 7. <>  ADJUSTMENTS TO COMPENSATION.

    Notwithstanding any other provision of law, no adjustment shall be
    made under section 601(a) of the Legislative Reorganization Act of 1946
    (2 U.S.C. 4501) (relating to cost of living adjustments for Members of
    Congress) during fiscal year 2021.
    SEC. 8. <>  DEFINITION.

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

    [[Page 1186]]

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

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

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

    TITLE I

    AGRICULTURAL PROGRAMS

    Processing, Research, and Marketing

    Office of the Secretary

    (including transfers of funds)

    For necessary expenses of the Office of the Secretary, $46,998,000,
    of which not to exceed $5,101,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,324,000 shall be available for
    the Office of Homeland Security; not to exceed $7,002,000 shall be
    available for the Office of Partnerships and Public Engagement, of which
    $1,500,000 shall be for 7 U.S.C. 2279(c)(5); not to exceed $22,321,000
    shall be available for the Office of the Assistant Secretary for
    Administration, of which $21,440,000 shall be available for Departmental
    Administration to provide for necessary expenses for management support
    services to offices of the Department and for general administration,
    security, repairs and alterations, and other miscellaneous supplies and
    expenses not otherwise provided for and necessary for the practical and
    efficient work of the Department:  Provided, That funds made available
    by this Act to an agency in the Administration mission area for salaries
    and expenses are available to fund up to one administrative support
    staff for the Office; not to exceed $3,908,000 shall be available for
    the Office of Assistant Secretary for Congressional Relations and
    Intergovernmental Affairs to carry out the programs funded by this Act,
    including programs involving intergovernmental affairs and liaison
    within the executive branch; and not to exceed $7,342,000 shall be
    available for the Office of Communications:  Provided further, That the
    Secretary of Agriculture is authorized to transfer funds appropriated
    for any office of the Office of the Secretary to any other office of the
    Office of the Secretary:  Provided further, That no appropriation for
    any office shall be increased or decreased by more than 5 percent:
    Provided further, That not to exceed $22,000 of the amount made
    available under this paragraph for the immediate Office of the Secretary
    shall be available for official reception and representation expenses,
    not otherwise provided for, as determined by the Secretary:  Provided
    further, That <>  the amount made available under
    this heading for Departmental Administration shall be reimbursed from
    applicable

    [[Page 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 <>  no funds made available under
    this heading for the Office of Assistant Secretary for Congressional
    Relations may be obligated after 30 days from the date of enactment of
    this Act, unless the Secretary has notified the Committees on
    Appropriations of both Houses of Congress on the allocation of these
    funds by USDA agency:  Provided further, That <>  during any 30 day notification period referenced in section
    716 of this Act, the Secretary of Agriculture shall take no action to
    begin implementation of the action that is subject to section 716 of
    this Act or make any public announcement of such action in any form.

    Executive Operations

    office of the chief economist

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

    office of hearings and appeals

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

    office of budget and program analysis

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

    Office of the Chief Information Officer

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

    Office of the Chief Financial Officer

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

    Office of the Assistant Secretary for Civil Rights

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

    Office of Civil Rights

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

    [[Page 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 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: <>
    Provided, That amounts made available for the Census of Agriculture may
    be used to conduct Current Industrial Report surveys subject to 7 U.S.C.
    2204g(d) and (f).

    Agricultural Research Service

    salaries and expenses

    For necessary expenses of the Agricultural Research Service and for
    acquisition of lands by donation, exchange, or purchase at a nominal
    cost not to exceed $100, and for land exchanges where the lands
    exchanged shall be of equal value or shall be equalized by a payment of
    money to the grantor which shall not exceed 25 percent of the total
    value of the land or interests transferred out of Federal ownership,
    $1,491,784,000:  Provided, That appropriations hereunder shall be
    available for the operation and maintenance of aircraft and the purchase
    of not to exceed one for replacement only:  Provided further,
    That <>  appropriations hereunder shall be available
    pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair
    of buildings and improvements, but unless otherwise provided, the cost
    of constructing any one building shall not exceed $500,000, except for
    headhouses or greenhouses which shall each be limited to $1,800,000,
    except for 10 buildings to be constructed or improved at a cost not to
    exceed $1,100,000 each, and except for two buildings to be constructed
    at a cost not to exceed $3,000,000 each, and the cost of altering any
    one building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building or $500,000, whichever is
    greater:  Provided further, That <>  appropriations
    hereunder shall be available for entering into lease agreements at any
    Agricultural Research Service location for the construction of a
    research facility by a non-Federal entity for use by the Agricultural
    Research Service and a condition of the lease shall be that any facility
    shall be owned, operated, and maintained by the non-Federal entity and
    shall be removed upon the expiration or termination of the lease
    agreement:  Provided further, That <>  the limitations
    on alterations contained in this Act shall not apply to modernization or
    replacement of existing facilities at Beltsville, Maryland:  Provided
    further,

    [[Page 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 <>  appropriations hereunder
    shall be available for granting easements at any Agricultural Research
    Service location for the construction of a research facility by a non-
    Federal entity for use by, and acceptable to, the Agricultural Research
    Service and a condition of the easements shall be that upon completion
    the facility shall be accepted by the Secretary, subject to the
    availability of funds herein, if the Secretary finds that acceptance of
    the facility is in the interest of the United States:  Provided further,
    That funds may be received from any State, other political subdivision,
    organization, or individual for the purpose of establishing or operating
    any research facility or research project of the Agricultural Research
    Service, as authorized by law.

    buildings and facilities

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

    National Institute of Food and Agriculture

    research and education activities

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

    [[Page 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 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 <>  available under this heading
    for the screwworm program, $4,990,000 shall remain available until
    expended; of which $20,252,000, to remain available until expended,
    shall be used to carry out the science program and transition activities
    for the National Bio and Agro-defense Facility located in Manhattan,
    Kansas:  Provided further, That <>  no
    funds shall be used to formulate or administer a brucellosis eradication
    program for the current fiscal year that does not require minimum
    matching by the States of at least 40 percent:  Provided further, That
    this appropriation shall be available for the purchase, replacement,
    operation, and maintenance of aircraft:  Provided further, That in
    addition, in emergencies which threaten any segment of the agricultural
    production industry of the United States, the Secretary may transfer
    from other appropriations or funds available to the agencies or
    corporations of the Department such sums as may be deemed necessary, to
    be available only in such emergencies for the arrest and eradication of
    contagious or infectious disease or pests of animals, poultry, or
    plants, and for expenses in accordance with sections

    [[Page 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 <>  year 2021, the agency is
    authorized to collect fees to cover the total costs of providing
    technical assistance, goods, or services requested by States, other
    political subdivisions, domestic and international organizations,
    foreign governments, or individuals, provided that such fees are
    structured such that any entity's liability for such fees is reasonably
    based on the technical assistance, goods, or services provided to the
    entity by the agency, and such fees shall be reimbursed to this account,
    to remain available until expended, without further appropriation, for
    providing such assistance, goods, or services.

    buildings and facilities

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

    Agricultural Marketing Service

    marketing services

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

    limitation on administrative expenses

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

    [[Page 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 <>  if grain export activities
    require additional supervision and oversight, or other uncontrollable
    factors occur, this limitation may be exceeded by up to 10 percent with
    notification to the Committees on Appropriations of both Houses of
    Congress.

    Office of the Under Secretary for Food Safety

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

    Food Safety and Inspection Service

    For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $10,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $1,075,703,000; and in
    addition, $1,000,000 may be credited to this account from fees collected
    for the cost of laboratory accreditation as authorized by section 1327
    of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C.
    138f):  Provided, That funds provided for the Public Health Data
    Communication Infrastructure system shall remain available until
    expended:  Provided further, That <>  no
    fewer than 148 full-time equivalent positions shall be employed during
    fiscal year 2021 for purposes dedicated solely to inspections and
    enforcement related to the Humane Methods of Slaughter Act (7 U.S.C.
    1901 et seq.):  Provided further, That

    [[Page 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: <>   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 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 <>  the agency shall submit a report by
    the end of the fourth quarter of fiscal year 2021 to the Committees on
    Appropriations and the Government Accountability Office, that identifies
    for each project/investment that is operational (a) current performance
    against key indicators of customer satisfaction, (b) current performance
    of service level agreements or other technical metrics, (c) current
    performance against a pre-established cost baseline, (d) a detailed
    breakdown of current and planned spending on operational enhancements or
    upgrades, and (e) an assessment of whether the investment continues to
    meet business needs as intended as well as alternatives to the
    investment:  Provided further, That the Secretary is authorized to use
    the services, facilities, and authorities (but not the funds) of the
    Commodity Credit Corporation to make program payments for all programs
    administered by the Agency:  Provided further, That other funds made
    available to the Agency for authorized activities may be advanced to and
    merged with this account:  Provided further, That funds made available
    to county committees shall remain available until expended:  Provided
    further, That none of the funds available to the Farm Service Agency
    shall be used to close Farm Service Agency county offices:  Provided
    further, That <>  none of the funds
    available to the Farm Service Agency shall be used to permanently
    relocate county based employees that would result in an office with two
    or fewer employees without prior notification and approval of the
    Committees on Appropriations of both Houses of Congress.

    state mediation grants

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

    grassroots source water protection program

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

    dairy indemnity program

    (including transfer of funds)

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

    [[Page 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 <>  the Secretary shall deem the pink bollworm to be a boll
    weevil for the purpose of boll weevil eradication program loans.

    For the cost of direct and guaranteed loans and grants, including
    the cost of modifying loans as defined in section 502 of the
    Congressional Budget Act of 1974, as follows: $38,710,000 for direct
    farm operating loans, $23,727,000 for unsubsidized guaranteed farm
    operating loans, $207,000 for emergency loans, $5,000,000 for the
    relending program, and $742,000 for Indian highly fractionated land
    loans, to remain available until expended.
    In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $307,344,000:  Provided, That of
    this amount, $294,114,000 shall be transferred to and merged with the
    appropriation for ``Farm Service Agency, Salaries and Expenses''.
    Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership, operating and conservation direct
    loans and guaranteed loans may be transferred among these programs:
    Provided, That <>  the Committees on
    Appropriations of both Houses of Congress are notified at least 15 days
    in advance of any transfer.

    Risk Management Agency

    salaries and expenses

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

    [[Page 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: <>   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 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 <>

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

    [[Page 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 <>  the amounts
    available under this paragraph for section 502 direct loans, no less
    than $5,000,000 shall be available for direct loans for individuals
    whose homes will be built pursuant to a program funded with a mutual and
    self-help housing grant authorized by section 523 of the Housing Act of
    1949 until June 1, 2021:  Provided further,
    That <>  the Secretary shall implement
    provisions to provide incentives to nonprofit organizations and public
    housing authorities to facilitate the acquisition of Rural Housing
    Service (RHS) multifamily housing properties by such nonprofit
    organizations and public housing authorities that commit to keep such
    properties in the RHS multifamily housing program for a period of time
    as determined by the Secretary, with such incentives to include, but not
    be limited to, the following: allow such nonprofit entities and public
    housing authorities to earn a Return on Investment on their own
    resources to include proceeds from low income housing tax credit
    syndication, own contributions, grants, and developer loans at favorable
    rates and terms, invested in a deal; and allow reimbursement of
    organizational costs associated with owner's oversight of asset referred
    to as ``Asset Management Fee'' of up to $7,500 per property.

    In addition, for the cost of direct loans, grants, and contracts, as
    authorized by sections 514 and 516 of the Housing Act of 1949 (42 U.S.C.
    1484, 1486), $15,093,000, to remain available until expended, for direct
    farm labor housing loans and domestic farm labor housing grants and
    contracts:  Provided, That any balances available for the Farm Labor
    Program Account shall be transferred to and merged with this account.
    In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $412,254,000 shall be transferred
    to and merged with the appropriation for ``Rural Development, Salaries
    and Expenses''.

    rental <>  assistance program

    For rental assistance agreements entered into or renewed pursuant to
    the authority under section 521(a)(2) of the Housing Act of 1949 or
    agreements entered into in lieu of debt forgiveness or payments for
    eligible households as authorized by section 502(c)(5)(D) of the Housing
    Act of 1949, $1,410,000,000, of which $40,000,000 shall be available
    until September 30, 2022; and in addition such sums as may be necessary,
    as authorized by section 521(c) of the Act, to liquidate debt incurred
    prior to fiscal year 1992 to carry out the rental assistance program
    under section 521(a)(2) of the Act:  Provided, That rental assistance
    agreements entered into or renewed during the current fiscal year shall
    be funded for a one-year period:  Provided further, That upon request by
    an owner of a project financed by an existing loan under section 514 or
    515 of the Act, the Secretary may renew the rental assistance agreement
    for a period of 20 years or until the term of such

    [[Page 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 <>  such recaptured rental assistance shall,
    to the extent practicable, be applied to another farm labor multi-family
    housing project financed under section 514 or 516 of the Act:  Provided
    further, That <>  except as provided in the fourth
    proviso under this heading and notwithstanding any other provision of
    the Act, the Secretary may recapture rental assistance provided under
    agreements entered into prior to fiscal year 2021 for a project that the
    Secretary determines no longer needs rental assistance and use such
    recaptured funds for current needs.

    multi-family <>  housing revitalization program
    account

    For the rural housing voucher program as authorized under section
    542 of the Housing Act of 1949, but notwithstanding subsection (b) of
    such section, and for additional costs to conduct a demonstration
    program for the preservation and revitalization of multi-family rental
    housing properties described in this paragraph, $68,000,000, to remain
    available until expended:  Provided, That of the funds made available
    under this heading, $40,000,000, shall be available for rural housing
    vouchers to any low-income household (including those not receiving
    rental assistance) residing in a property financed with a section 515
    loan which has been prepaid after September 30, 2005:  Provided further,
    That the amount of such voucher shall be the difference between
    comparable market rent for the section 515 unit and the tenant paid rent
    for such unit:  Provided further, That funds made available for such
    vouchers shall be subject to the availability of annual appropriations:
    Provided further, That the Secretary shall, to the maximum extent
    practicable, administer such vouchers with current regulations and
    administrative guidance applicable to section 8 housing vouchers
    administered by the Secretary of the Department of Housing and Urban
    Development:  Provided further, That <>  if the
    Secretary determines that the amount made available for vouchers in this
    or any other Act is not needed for vouchers, the Secretary may use such
    funds for the demonstration program for the preservation and
    revitalization of multi-family rental housing properties described in
    this paragraph:  Provided further, That of the funds made available
    under this heading, $28,000,000 shall be available for a demonstration
    program for the preservation and revitalization of the sections 514,
    515, and 516 multi-family rental housing properties to restructure
    existing USDA multi-family housing loans, as the Secretary deems
    appropriate, expressly for the purposes of ensuring the project has
    sufficient resources to preserve the project for the purpose of
    providing safe and affordable housing

    [[Page 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 <>  the Secretary shall as part
    of the preservation and revitalization agreement obtain a restrictive
    use agreement consistent with the terms of the restructuring:  Provided
    further, That <>  if the Secretary determines that
    additional funds for vouchers described in this paragraph are needed,
    funds for the preservation and revitalization demonstration program may
    be used for such vouchers: <>   Provided
    further, That if Congress enacts legislation to permanently authorize a
    multi-family rental housing loan restructuring program similar to the
    demonstration program described herein, the Secretary may use funds made
    available for the demonstration program under this heading to carry out
    such legislation with the prior approval of the Committees on
    Appropriations of both Houses of Congress:  Provided further, That in
    addition to any other available funds, the Secretary may expend not more
    than $1,000,000 total, from the program funds made available under this
    heading, for administrative expenses for activities funded under this
    heading.

    mutual and self-help housing grants

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

    rural housing assistance grants

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

    rural community facilities program account

    (including transfers of funds)

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

    [[Page 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 <>  of the amount
    appropriated under this heading, $25,000,000 shall be available to cover
    the subsidy costs for loans or loan guarantees under this heading:
    Provided further, That if any such funds remain unobligated for the
    subsidy costs after June 30, 2021, the unobligated balance may be
    transferred to the grant programs funded under this
    heading: <>   Provided further, That any unobligated
    balances from prior year appropriations under this heading for the cost
    of direct loans, loan guarantees and grants, including amounts
    deobligated or cancelled, may be made available to cover the subsidy
    costs for direct loans and or loan guarantees under this heading in this
    fiscal year:  Provided further, That no amounts may be made available
    pursuant to the preceding proviso from amounts that were designated by
    the Congress as an emergency requirement pursuant to a Concurrent
    Resolution on the Budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That $5,000,000 of the amount
    appropriated under this heading shall be available for community
    facilities grants to tribal colleges, as authorized by section
    306(a)(19) of such Act:  Provided further, That sections 381E-H and 381N
    of the Consolidated Farm and Rural Development Act are not applicable to
    the funds made available under this heading.

    Rural Business--Cooperative Service

    rural business program account

    (including transfers of funds)

    For the cost of loan guarantees and grants, for the rural business
    development programs authorized by section 310B and described in
    subsections (a), (c), (f) and (g) of section 310B of the Consolidated
    Farm and Rural Development Act, $56,400,000, to remain available until
    expended:  Provided, That of the amount appropriated under this heading,
    not to exceed $500,000 shall be made available for one grant to a
    qualified national organization to provide technical assistance for
    rural transportation in order to promote economic development and
    $9,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
    2009aa et seq.), the Northern Border Regional Commission (40 U.S.C.
    15101 et seq.), and the Appalachian Regional Commission (40 U.S.C. 14101
    et seq.) for any Rural Community Advancement Program purpose as
    described in section 381E(d) of the Consolidated Farm and Rural
    Development Act, of which not more than 5 percent may be used for
    administrative expenses:  Provided further, That $4,000,000 of

    [[Page 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 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 <>  $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 1207]]

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

    rural electrification and telecommunications loans program account

    (including transfer of funds)

    The principal amount of direct and guaranteed loans as authorized by
    sections 305, 306, and 317 of the Rural Electrification Act of 1936 (7
    U.S.C. 935, 936, and 940g) shall be made as follows: loans made pursuant
    to sections 305, 306, and 317, notwithstanding 317(c), of that Act,
    rural electric, $5,500,000,000; guaranteed underwriting loans pursuant
    to section 313A of that Act, $750,000,000; 5 percent rural
    telecommunications loans, cost of money rural telecommunications loans,
    and for loans made pursuant to section 306 of that Act, rural
    telecommunications loans, $690,000,000:  Provided, That up to
    $2,000,000,000 shall be used for the construction, acquisition, design
    and engineering or improvement of fossil-fueled

    [[Page 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 <>  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 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 <>  of the total amount available,
    $15,299,000 shall be available to carry out studies and evaluations and
    shall remain available until expended:  Provided further, That of the
    total amount available, $30,000,000 shall be available to provide
    competitive grants to State agencies for subgrants to local educational
    agencies and schools to purchase the equipment, with a value of greater
    than $1,000, needed to serve healthier meals, improve food safety, and
    to help support the establishment, maintenance, or expansion of the
    school breakfast program:  Provided further, That of the total amount
    available, $42,000,000 shall remain available until expended to carry
    out section 749(g) of the Agriculture Appropriations Act of 2010 (Public
    Law 111-80):  Provided further, That section 26(d) of the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the
    first sentence by striking ``2010 through 2021'' and inserting ``2010
    through 2022'':  Provided further, That section 9(h)(3) of the Richard
    B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended
    in the first sentence by striking ``For fiscal year 2020'' and inserting
    ``For fiscal year 2021'':  Provided further, That section 9(h)(4) of the
    Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is
    amended in the first sentence by striking ``For fiscal year 2020'' and
    inserting ``For fiscal year 2021''.

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

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

    supplemental nutrition assistance program

    For necessary expenses to carry out the Food and Nutrition Act of
    2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of which $3,000,000,000,
    to remain available through September 30, 2023, shall be placed in
    reserve for use only in such amounts and at

    [[Page 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 <>  this appropriation shall be subject to any
    work registration or workfare requirements as may be required by law:
    Provided further, That funds made available for Employment and Training
    under this heading shall remain available through September 30, 2022:
    Provided further, That funds made available under this heading for
    section 28(d)(1), section 4(b), and section 27(a) of the Food and
    Nutrition Act of 2008 shall remain available through September 30, 2022:
    Provided further, That with respect to funds made available under this
    heading for section 28(d)(1), the Secretary shall use 2 percent for
    administration, training and technical assistance, and pilot projects
    under section 28:  Provided further, That none of the funds made
    available under this heading may be obligated or expended in
    contravention of section 213A of the Immigration and Nationality Act (8
    U.S.C. 1183A):  Provided further,
    That <>  funds made available
    under this heading may be used to enter into contracts and employ staff
    to conduct studies, evaluations, or to conduct activities related to
    program integrity provided that such activities are authorized by the
    Food and Nutrition Act of 2008.

    commodity assistance program

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

    nutrition programs administration

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

    [[Page 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 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 <>  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 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 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 <>  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 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 <>  upon a
    determination by the Commissioner that funds transferred pursuant to the
    previous proviso are not necessary for the purposes provided, such
    amounts may be transferred back to the account:  Provided further, That
    such transfer authority is in addition to any other transfer authority
    provided by law.

    INDEPENDENT AGENCY

    Farm Credit Administration

    limitation on administrative expenses

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

    TITLE VII

    GENERAL PROVISIONS

    (including rescissions and transfers of funds)

    Sec. 701.  The Secretary may use any appropriations made available
    to the Department of Agriculture in this Act to purchase new passenger
    motor vehicles, in addition to specific appropriations for this purpose,
    so long as the total number of vehicles purchased in fiscal year 2021
    does not exceed the number of vehicles owned or leased in fiscal year
    2018:  Provided, That, <>  prior to purchasing
    additional motor vehicles, the Secretary must determine that such
    vehicles are necessary for transportation safety, to reduce operational
    costs, and for the protection of life, property, and public

    [[Page 1216]]

    safety:  Provided further,
    That <>  the Secretary may not
    increase the Department of Agriculture's fleet above the 2018 level
    unless the Secretary notifies in writing, and receives approval from,
    the Committees on Appropriations of both Houses of Congress within 30
    days of the notification.

    Sec. 702.  Notwithstanding <>  any other provision of this Act, the Secretary of
    Agriculture may transfer unobligated balances of discretionary funds
    appropriated by this Act or any other available unobligated
    discretionary balances that are remaining available of the Department of
    Agriculture to the Working Capital Fund for the acquisition of plant and
    capital equipment necessary for the delivery of financial,
    administrative, and information technology services of primary benefit
    to the agencies of the Department of Agriculture, such transferred funds
    to remain available until expended:  Provided, That none of the funds
    made available by this Act or any other Act shall be transferred to the
    Working Capital Fund without the prior approval of the agency
    administrator:  Provided further, That none of the funds transferred to
    the Working Capital Fund pursuant to this section shall be available for
    obligation without written notification to and the prior approval of the
    Committees on Appropriations of both Houses of Congress:  Provided
    further, That none of the funds appropriated by this Act or made
    available to the Department's Working Capital Fund shall be available
    for obligation or expenditure to make any changes to the Department's
    National Finance Center without written notification to and prior
    approval of the Committees on Appropriations of both Houses of Congress
    as required by section 716 of this Act:  Provided further, That none of
    the funds appropriated by this Act or made available to the Department's
    Working Capital Fund shall be available for obligation or expenditure to
    initiate, plan, develop, implement, or make any changes to remove or
    relocate any systems, missions, personnel, or functions of the offices
    of the Chief Financial Officer and the Chief Information Officer, co-
    located with or from the National Finance Center prior to written
    notification to and prior approval of the Committee on Appropriations of
    both Houses of Congress and in accordance with the requirements of
    section 716 of this Act:  Provided further, That the National Finance
    Center Information Technology Services Division personnel and data
    center management responsibilities, and control of any functions,
    missions, and systems for current and future human resources management
    and integrated personnel and payroll systems (PPS) and functions
    provided by the Chief Financial Officer and the Chief Information
    Officer shall remain in the National Finance Center and under the
    management responsibility and administrative control of the National
    Finance Center:  Provided further, That the Secretary of Agriculture and
    the offices of the Chief Financial Officer shall actively market to
    existing and new Departments and other government agencies National
    Finance Center shared services including, but not limited to, payroll,
    financial management, and human capital shared services and allow the
    National Finance Center to perform technology upgrades:  Provided
    further, That of annual income amounts in the Working Capital Fund of
    the Department of Agriculture attributable to the amounts in excess of
    the true costs of the shared services provided by the National Finance
    Center and budgeted for the National Finance Center, the Secretary shall
    reserve not more than 4 percent for the replacement or acquisition of
    capital equipment, including

    [[Page 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 <>  the limitations on the
    obligation of funds pending notification to Congressional Committees
    shall not apply to any obligation that, as determined by the Secretary,
    is necessary to respond to a declared state of emergency that
    significantly impacts the operations of the National Finance Center; or
    to evacuate employees of the National Finance Center to a safe haven to
    continue operations of the National Finance Center.

    Sec. 703.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 704.  No <>  funds appropriated by this Act
    may be used to pay negotiated indirect cost rates on cooperative
    agreements or similar arrangements between the United States Department
    of Agriculture and nonprofit institutions in excess of 10 percent of the
    total direct cost of the agreement when the purpose of such cooperative
    arrangements is to carry out programs of mutual interest between the two
    parties. This does not preclude appropriate payment of indirect costs on
    grants and contracts with such institutions when such indirect costs are
    computed on a similar basis for all agencies for which appropriations
    are provided in this Act.

    Sec. 705.  Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current fiscal
    year shall remain available until expended to disburse obligations made
    in the current fiscal year for the following accounts: the Rural
    Development Loan Fund program account, the Rural Electrification and
    Telecommunication Loans program account, and the Rural Housing Insurance
    Fund program account.
    Sec. 706.  None <>  of the funds
    made available to the Department of Agriculture by this Act may be used
    to acquire new information technology systems or significant upgrades,
    as determined by the Office of the Chief Information Officer, without
    the approval of the Chief Information Officer and the concurrence of the
    Executive Information Technology Investment Review
    Board: <>   Provided, That notwithstanding any
    other provision of law, none of the funds appropriated or otherwise made
    available by this Act may be transferred to the Office of the Chief
    Information Officer without written notification to and the prior
    approval of the Committees on Appropriations of both Houses of Congress:
    Provided further, That, notwithstanding section 11319 of title 40,
    United States Code, none of the funds available to the Department of
    Agriculture for information technology shall be obligated for projects,
    contracts, or other agreements over $25,000 prior to receipt of written
    approval by the Chief Information Officer:  Provided further, That the
    Chief Information Officer may authorize an agency to obligate funds
    without written approval from the Chief Information Officer for
    projects, contracts, or other agreements up to $250,000 based upon the
    performance of an agency measured against the performance plan
    requirements described in the explanatory statement accompanying Public
    Law 113-235.

    [[Page 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) <>  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 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 <>  of the total funds made
    available in the matter preceding this proviso that remain unobligated
    on October 1, 2021, such unobligated balances shall carryover into
    fiscal year 2022 and shall remain available until expended for any of
    the purposes of section 32, except that any such carryover funds used in
    accordance with clause (3) of section 32 may not exceed $350,000,000 and
    may not be obligated until the Secretary of Agriculture provides written
    notification of the expenditures to the Committees on Appropriations of
    both Houses of Congress at least two weeks in advance:  Provided
    further, That, with the exception of any available carryover funds
    authorized in any prior appropriations Act to be used for the purposes
    of clause (3) of section 32, none of the funds appropriated or otherwise
    made available by this or any other Act shall be used to pay the
    salaries or expenses of any employee of the Department of Agriculture to
    carry out clause (3) of section 32.

    Sec. 715.  None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's budget
    submission to the Congress for programs under the jurisdiction of the
    Appropriations Subcommittees on Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies that assumes revenues or
    reflects a reduction from the previous year due to user fees proposals
    that have not been enacted into law prior to the submission of the
    budget unless such budget submission identifies which additional
    spending reductions should occur in the event the user fees proposals
    are not enacted prior to the date of the convening of a committee of
    conference for the fiscal year 2022 appropriations Act.
    Sec. 716. (a) <>
    None of the funds provided by this Act, or provided by previous
    appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, or
    provided from any accounts in the Treasury derived by the collection of
    fees available to the agencies funded by this Act, shall be available
    for obligation or expenditure through a reprogramming, transfer of
    funds, or reimbursements as authorized by the Economy Act, or in the
    case of the Department of Agriculture, through use of the authority
    provided by section 702(b) of the Department of Agriculture Organic Act
    of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89-106 (7 U.S.C.
    2263), that--
    (1) creates new programs;
    (2) eliminates a program, project, or activity;
    (3) increases funds or personnel by any means for any
    project or activity for which funds have been denied or
    restricted;
    (4) relocates an office or employees;

    [[Page 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 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 <>  section 310B(g)(5) of
    the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)),
    the Secretary may assess a one-time fee for any guaranteed business and
    industry loan in an amount that does not exceed 3 percent of the
    guaranteed principal portion of the loan.

    Sec. 718.  None of the funds appropriated or otherwise made
    available to the Department of Agriculture, the Food and Drug
    Administration, or the Farm Credit Administration shall be used to
    transmit or otherwise make available reports, questions, or responses to
    questions that are a result of information requested for the
    appropriations hearing process to any non-Department of Agriculture,
    non-Department of Health and Human Services, or non-Farm Credit
    Administration employee.
    Sec. 719.  Unless <>  otherwise
    authorized by existing law, none of the funds provided in this Act, may
    be used by an executive branch agency to produce any prepackaged news
    story intended for broadcast or distribution in the United States unless
    the story includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.

    Sec. 720.  No <>  employee of the
    Department of Agriculture may be detailed or assigned from an agency or
    office funded by this Act or any other Act to any other agency or office
    of the Department for more than 60 days in a fiscal year unless the
    individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.

    Sec. 721.  Not <>  later than 30
    days after the date of enactment of this Act, the Secretary of
    Agriculture, the Commissioner of the Food and Drug Administration, and
    the Chairman of the Farm Credit Administration shall submit to the
    Committees on Appropriations of both Houses of Congress a detailed
    spending plan by program, project, and activity for all the funds made
    available under this Act including appropriated user fees, as defined in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

    Sec. 722.  Of the unobligated balances from amounts made available
    for the supplemental nutrition program as authorized by section 17 of
    the Child Nutrition Act of 1966 (42 U.S.C. 1786), $1,250,000,000 are
    hereby rescinded:  Provided, That no amounts may be rescinded from
    amounts that were designated by the Congress as an emergency requirement
    pursuant to a Concurrent Resolution on the Budget or the Balanced Budget
    and Emergency Deficit Control Act of 1985.
    Sec. 723.  For <>  the
    purposes of determining eligibility or level of program assistance for
    Rural Development programs the Secretary shall not include incarcerated
    prison populations.

    Sec. 724.  For <>  loans and loan guarantees that do
    not require budget authority and the program level has been established
    in this Act, the Secretary of Agriculture may increase the program level
    for such loans and loan guarantees by not more than 25

    [[Page 1222]]

    percent:  Provided, That <>  prior to
    the Secretary implementing such an increase, the Secretary notifies, in
    writing, the Committees on Appropriations of both Houses of Congress at
    least 15 days in advance.

    Sec. 725.  None <>  of the
    credit card refunds or rebates transferred to the Working Capital Fund
    pursuant to section 729 of the Agriculture, Rural Development, Food and
    Drug Administration, and Related Agencies Appropriations Act, 2002 (7
    U.S.C. 2235a; Public Law 107-76) shall be available for obligation
    without written notification to, and the prior approval of, the
    Committees on Appropriations of both Houses of Congress:  Provided, That
    the refunds or rebates so transferred shall be available for obligation
    only for the acquisition of plant and capital equipment necessary for
    the delivery of financial, administrative, and information technology
    services, including cloud adoption and migration, of primary benefit to
    the agencies of the Department of Agriculture.

    Sec. 726.  None <>  of the funds made available
    by this Act may be used to implement, administer, or enforce the
    ``variety'' requirements of the final rule entitled ``Enhancing Retailer
    Standards in the Supplemental Nutrition Assistance Program (SNAP)''
    published by the Department of Agriculture in the Federal Register on
    December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of
    Agriculture amends the definition of the term ``variety'' as de fined in
    section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and
    ``variety'' as applied in the definition of the term ``staple food'' as
    defined in section 271.2 of title 7, Code of Federal Regulations, to
    increase the number of items that qualify as acceptable varieties in
    each staple food category so that the total number of such items in each
    staple food category exceeds the number of such items in each staple
    food category included in the final rule as published on December 15,
    2016:  Provided, That <>  until
    the Secretary promulgates such regulatory amendments, the Secretary
    shall apply the requirements regarding acceptable varieties and breadth
    of stock to Supplemental Nutrition Assistance Program retailers that
    were in effect on the day before the date of the enactment of the
    Agricultural Act of 2014 (Public Law 113-79).

    Sec. 727.  In carrying out subsection (h) of section 502 of the
    Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall
    have the same authority with respect to loans guaranteed under such
    section and eligible lenders for such loans as the Secretary has under
    subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p-2)
    with respect to loans guaranteed under such section 538 and eligible
    lenders for such loans.
    Sec. 728.  None <>  of the funds made available by this Act may be used to
    propose, promulgate, or implement any rule, or take any other action
    with respect to, allowing or requiring information intended for a
    prescribing health care professional, in the case of a drug or
    biological product subject to section 503(b)(1) of the Federal Food,
    Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
    professional electronically (in lieu of in paper form) unless and until
    a Federal law is enacted to allow or require such distribution.

    Sec. 729.  None <>  of the funds made available by this or any other Act may
    be used to carry out the final rule promulgated by the Food and Drug
    Administration and put into effect November

    [[Page 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 <>  the Secretary may allow eligible entities, or
    comparable entities that provide energy efficiency services using their
    own billing mechanism to offer loans to customers in any part of their
    service territory and to offer loans to replace a manufactured housing
    unit with another manufactured housing unit, if replacement would be
    more cost effective in saving energy.

    Sec. 731. (a) The Secretary of Agriculture shall--
    (1) <>  conduct audits in a manner that
    evaluates the following factors in the country or region being
    audited, as applicable--
    (A) veterinary control and oversight;
    (B) disease history and vaccination practices;
    (C) livestock demographics and traceability;
    (D) epidemiological separation from potential
    sources of infection;
    (E) surveillance practices;
    (F) diagnostic laboratory capabilities; and
    (G) emergency preparedness and response; and
    (2) <>
    promptly make publicly available the final reports of any audits
    or reviews conducted pursuant to subsection (1).

    (b) This section shall be applied in a manner consistent with United
    States obligations under its international trade agreements.
    Sec. 732.  None of the funds made available by this Act may be used
    to implement section 3.7(f) of the Farm Credit Act of 1971 in a manner
    inconsistent with section 343(a)(13) of the Consolidated Farm and Rural
    Development Act.
    Sec. 733.  None of the funds made available by this Act may be used
    to carry out any activities or incur any expense related to the issuance
    of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133),
    or the renewal of such licenses, to class B dealers who sell dogs and
    cats for use in research, experiments, teaching, or testing.
    Sec. 734. (a)(1) <>  No Federal
    funds made available for this fiscal year for the rural water, waste
    water, waste disposal, and solid waste management programs authorized by
    sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm
    and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a
    project for the construction, alteration, maintenance, or repair of a
    public water or wastewater system unless all of the iron and steel
    products used in the project are produced in the United States.
    (2) <>  In this section, the term ``iron
    and steel products'' means the following products made primarily
    of iron or steel: lined or unlined pipes and fittings, manhole
    covers and other municipal castings, hydrants, tanks, flanges,
    pipe clamps and restraints, valves, structural steel, reinforced
    precast concrete, and construction materials.

    (b) Subsection (a) shall not apply in any case or category of cases
    in which the Secretary of Agriculture (in this section

    [[Page 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) <>  If the
    Secretary or the designee receives a request for a waiver under this
    section, the Secretary or the designee shall make available to the
    public on an informal basis a copy of the request and information
    available to the Secretary or the designee concerning the request, and
    shall allow for informal public input on the request for at least 15
    days prior to making a finding based on the request. <>  The Secretary or the designee shall make the request and
    accompanying information available by electronic means, including on the
    official public Internet Web site of the Department.

    (d) <>  This section shall be applied in a
    manner consistent with United States obligations under international
    agreements.

    (e) The Secretary may retain up to 0.25 percent of the funds
    appropriated in this Act for ``Rural Utilities Service--Rural Water and
    Waste Disposal Program Account'' for carrying out the provisions
    described in subsection (a)(1) for management and oversight of the
    requirements of this section.
    (f) Subsection (a) shall not apply with respect to a project for
    which the engineering plans and specifications include use of iron and
    steel products otherwise prohibited by such subsection if the plans and
    specifications have received required approvals from State agencies
    prior to the date of enactment of this Act.
    (g) <>  For purposes of this section, the terms
    ``United States'' and ``State'' shall include each of the several
    States, the District of Columbia, and each Federally recognized Indian
    tribe.

    Sec. 735.  None <>  of the funds appropriated by
    this Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

    Sec. 736.  Of the total amounts made available by this Act for
    direct loans and grants in section 730 and in the following headings:
    ``Rural Housing Service--Rural Housing Insurance Fund Program Account'';
    ``Rural Housing Service--Mutual and Self-Help Housing Grants''; ``Rural
    Housing Service--Rural Housing Assistance Grants''; ``Rural Housing
    Service--Rural Community Facilities Program Account''; ``Rural Business-
    Cooperative Service--Rural Business Program Account''; ``Rural Business-
    Cooperative Service--Rural Economic Development Loans Program Account'';
    ``Rural Business-Cooperative Service--Rural Cooperative Development
    Grants''; ``Rural Utilities Service--Rural Water and Waste Disposal
    Program Account''; ``Rural Utilities Service--Rural Electrification and
    Telecommunications Loans Program Account''; and ``Rural Utilities
    Service--Distance Learning, Telemedicine, and Broadband Program'', to
    the maximum extent feasible, at least 10 percent of the funds shall be
    allocated for assistance in persistent poverty counties under this
    section, including, notwithstanding any other

    [[Page 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 <>  purposes of this section, the term
    ``persistent poverty counties'' means any county that has had 20 percent
    or more of its population living in poverty over the past 30 years, as
    measured by the 1990 and 2000 decennial censuses, and 2007-2011 American
    Community Survey 5-year average, or any territory or possession of the
    United States:  Provided further, That <>  with
    respect to specific activities for which program levels have been made
    available by this Act that are not supported by budget authority, the
    requirements of this section shall be applied to such program level.

    Sec. 737.  In addition to any other funds made available in this Act
    or any other Act, there is appropriated $12,000,000 to carry out section
    18(g)(8) of the Richard B. Russell National School Lunch Act (42 U.S.C.
    1769(g)), to remain available until expended:  Provided, That
    notwithstanding section 18(g)(3)(C) of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the total grant amount
    provided to a farm to school grant recipient in fiscal year 2021 shall
    not exceed $500,000.
    Sec. 738.  There is hereby appropriated $5,000,000, to remain
    available until September 30, 2022, for the cost of loans and grants
    that is consistent with section 4206 of the Agricultural Act of 2014,
    for necessary expenses of the Secretary to support projects that provide
    access to healthy food in underserved areas, to create and preserve
    quality jobs, and to revitalize low-income communities.
    Sec. 739.  For an additional amount for ``Animal and Plant Health
    Inspection Service--Salaries and Expenses'', $8,500,000, to remain
    available until September 30, 2022, for one-time control and management
    and associated activities directly related to the multiple-agency
    response to citrus greening.
    Sec. 740.  None <>  of the funds made
    available by this Act may be used to notify a sponsor or otherwise
    acknowledge receipt of a submission for an exemption for investigational
    use of a drug or biological product under section 505(i) of the Federal
    Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of
    the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
    a human embryo is intentionally created or modified to include a
    heritable genetic modification. Any such submission shall be deemed to
    have not been received by the Secretary, and the exemption may not go
    into effect.

    Sec. 741.  None <>  of the funds made available
    by this or any other Act may be used to enforce the final rule
    promulgated by the Food and Drug Administration entitled ``Standards for
    the Growing, Harvesting, Packing, and Holding of Produce for Human
    Consumption,'' and published on November 27, 2015, with respect to the
    regulation of entities that grow, harvest, pack, or hold wine grapes,
    hops, pulse crops, or almonds.

    Sec. 742.  There is hereby appropriated $5,000,000, to remain
    available until September 30, 2022, for a pilot program for the National
    Institute of Food and Agriculture to provide grants to nonprofit
    organizations for programs and services to establish and enhance farming
    and ranching opportunities for military veterans.
    Sec. 743.  For <>  school years 2020-2021
    and 2021-2022, none of the funds made available by this Act may be used
    to implement or enforce the matter following the first comma in the
    second

    [[Page 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) <>  to prohibit the
    transportation, processing, sale, or use of hemp, or seeds of
    such plant, that is grown or cultivated in accordance with
    subsection section 7606 of the Agricultural Act of 2014 or
    Subtitle G of the Agricultural Marketing Act of 1946, within or
    outside the State in which the hemp is grown or cultivated.

    Sec. 745.  Out <>  of amounts
    appropriated to the Food and Drug Administration under title VI, the
    Secretary of Health and Human Services, acting through the Commissioner
    of Food and Drugs, shall, not later than September 30, 2021, and
    following the review required under Executive Order No. 12866 (5 U.S.C.
    601 note; relating to regulatory planning and review), issue advice
    revising the advice provided in the notice of availability entitled
    ``Advice About Eating Fish, From the Environmental Protection Agency and
    Food and Drug Administration; Revised Fish Advice; Availability'' (82
    Fed. Reg. 6571 (January 19, 2017)), in a manner that is consistent with
    nutrition science recognized by the Food and Drug Administration on the
    net effects of seafood consumption.

    Sec. 746.  There is hereby appropriated $2,500,000, to remain
    available until expended, for grants under section 12502 of Public Law
    115-334.
    Sec. 747.  There is hereby appropriated $2,000,000 to carry out
    section 1621 of Public Law 110-246.
    Sec. 748.  There is hereby appropriated $3,000,000, to remain
    available until September 30, 2022, to carry out section 4003(b) of
    Public Law 115-334 relating to demonstration projects for Tribal
    Organizations.
    Sec. 749.  In <>  addition to
    amounts otherwise made available by this Act and notwithstanding the
    last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to
    remain available until expended, to implement non-renewable agreements
    on eligible lands, including flooded agricultural lands, as determined
    by the Secretary, under the Water Bank Act (16 U.S.C. 1301-1311).

    Sec. 750.  The Secretary shall set aside for Rural Economic Area
    Partnership (REAP) Zones, until August 15, 2021, an amount of funds made
    available in title III under the headings of Rural Housing Insurance
    Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing
    Assistance Grants, Rural Community Facilities Program Account, Rural
    Business Program Account, Rural Development Loan Fund Program Account,
    and Rural Water and Waste Disposal Program Account, equal to the amount
    obligated in REAP Zones with respect to funds provided under such
    headings in the most recent fiscal year any such funds were obligated
    under such headings for REAP Zones.
    Sec. 751.  There is hereby appropriated $1,000,000 to carry out
    section 3307 of Public Law 115-334.

    [[Page 1227]]

    Sec. 752.  The <>  Secretary of Agriculture
    may waive the matching funds requirement under Section 412(g) of the
    Agricultural Research, Extension, and Education Reform Act of 1998 (7
    U.S.C. 7632(g)).

    Sec. 753.  There <>  is hereby appropriated
    $2,000,000, to remain available until expended, for a pilot program for
    the Secretary to provide grants to qualified non-profit organizations
    and public housing authorities to provide technical assistance,
    including financial and legal services, to RHS multi-family housing
    borrowers to facilitate the acquisition of RHS multi-family housing
    properties in areas where the Secretary determines a risk of loss of
    affordable housing, by non-profit housing organizations and public
    housing authorities as authorized by law that commit to keep such
    properties in the RHS multi-family housing program for a period of time
    as determined by the Secretary.

    Sec. 754.  There is hereby appropriated $7,000,000 to carry out
    section 222 of Subtitle A of the Department of Agriculture
    Reorganization Act of 1994 (7 U.S.C. 6923) as amended by section 12302
    of Public Law 115-334.
    Sec. 755.  There is hereby appropriated $1,000,000, to remain
    available until September 30, 2022, to carry out section 4208 of Public
    Law 115-334.
    Sec. 756.  There is hereby appropriated $5,000,000 to carry out
    section 12301 of Public Law 115-334.
    Sec. 757.  There is hereby appropriated $5,000,000 to carry out
    section 1450 of the National Agricultural Research, Extension, and
    Teaching Policy Act of 1977 (7 U.S.C. 3222e) as amended by section 7120
    of Public Law 115-334.
    Sec. 758.  There is hereby appropriated $1,000,000 to carry out
    section 1671 of the Food, Agriculture, Conservation, and Trade Act of
    1990 (7 U.S.C. 5924) as amended by section 7208 of Public Law 115-334.
    Sec. 759.  In <>  response
    to an eligible community where the drinking water supplies are
    inadequate due to a natural disaster, as determined by the Secretary,
    including drought or severe weather, the Secretary may provide potable
    water through the Emergency Community Water Assistance Grant Program for
    an additional period of time not to exceed 120 days beyond the
    established period provided under the Program in order to protect public
    health.

    Sec. 760.  There is hereby appropriated $5,000,000 to remain
    available until September 30, 2022, to carry out section 4206 of Public
    Law 115-334.
    Sec. 761.  Funds <>  made available under
    title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be
    used to provide assistance to recipient nations if adequate monitoring
    and controls, as determined by the Administrator, are in place to ensure
    that emergency food aid is received by the intended beneficiaries in
    areas affected by food shortages and not diverted for unauthorized or
    inappropriate purposes.

    Sec. 762.  Notwithstanding <>  any
    other provision of law, ARS facilities as described in the ``Memorandum
    of Understanding Between the U.S. Department of Agriculture Animal and
    Plant Health Inspection Service (APHIS) and the U.S. Department of
    Agriculture Agricultural Research Service (ARS) Concerning Laboratory
    Animal Welfare'' (16-6100-0103-MU Revision 16-1) shall

    [[Page 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 <>  the Secretary shall prioritize
    the wetland compliance needs of areas with significant numbers of
    individual wetlands, wetland acres, and conservation compliance
    requests.

    Sec. 764.  None <>  of the funds
    made available by this Act may be used to procure raw or processed
    poultry products imported into the United States from the People's
    Republic of China for use in the school lunch program under the Richard
    B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
    and Adult Care Food Program under section 17 of such Act (42 U.S.C.
    1766), the Summer Food Service Program for Children under section 13 of
    such Act (42 U.S.C. 1761), or the school breakfast program under the
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

    Sec. 765.  There is hereby appropriated $1,000,000, for an
    additional amount for ``Department of Health and Human Services--Food
    and Drug Administration--Salaries and Expenses'' to remain available
    until expended and in addition to amounts otherwise made available for
    such purposes, for the development of research, education, and outreach
    partnerships with academic institutions to study and promote seafood
    safety.
    Sec. 766.  There is hereby appropriated $2,000,000, to remain
    available until September 30, 2022, for the National Institute of Food
    and Agriculture to issue a competitive grant to support the
    establishment of an Agriculture Business Innovation Center at a
    historically black college or university to serve as a technical
    assistance hub to enhance agriculture-based business development
    opportunities.
    Sec. 767.  For <>  school year
    2021-2022, only a school food authority that had a negative balance in
    the nonprofit school food service account as of December 31, 2020, shall
    be required to establish a price for paid lunches in accordance with
    section 12(p) of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1760(p)).

    Sec. 768.  There is hereby appropriated $5,000,000 to remain
    available until September 30, 2022, to carry out section 6424 of Public
    Law 115-334.
    Sec. 769.  In addition to any funds made available in this Act or
    any other Act, there is hereby appropriated $10,000,000, to remain
    available until September 30, 2022, for grants from the National
    Institute of Food and Agriculture to the 1890 Institutions to support
    the Centers of Excellence.
    Sec. 770.  There is hereby appropriated $2,000,000, to remain
    available until expended, for the Secretary of Agriculture to carry out
    a pilot program that assists rural hospitals to improve long-term
    operations and financial health by providing technical assistance
    through analysis of current hospital management practices.
    Sec. 771.  In addition to amounts otherwise made available by this
    or any other Act, there is hereby appropriated $5,000,000, to remain
    available until expended, to the Secretary for a pilot program to
    provide grants to a regional consortium to fund technical assistance and
    construction of regional wastewater systems for historically
    impoverished communities that have had difficulty in

    [[Page 1229]]

    installing traditional wastewater treatment systems due to soil
    conditions.
    Sec. 772.  The <>  Secretary of Agriculture
    shall--
    (1) within 180 days of enactment of this Act publish a
    notice of proposed rulemaking in the Federal Register seeking
    public comments on the effects of lifting the stay issued on
    July 31, 2013 (78 Fed. Reg. 46255) with consideration given to
    changes in industry and the implementation of certain
    rulemakings since the publication of the stay;
    (2) take public comments on the notice for not more than 60
    days; and
    (3) not later than 180 days after the end of the comment
    period, publish in the Federal Register the date upon which the
    stay is lifted if such action is justified based on the comments
    received.

    Sec. 773.  There is hereby appropriated $6,000,000, to remain
    available until September 30, 2022, to carry out section 23 of the Child
    Nutrition Act of 1966 (42 U.S.C. 1793), of which $2,000,000 shall be for
    grants under such section to the Commonwealth of Puerto Rico, the
    Commonwealth of the Northern Mariana Islands, the United States Virgin
    Islands, Guam, and American Samoa.
    Sec. 774.  Any <>  funds made available by this or
    any other Act that the Secretary withholds pursuant to section
    1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990
    (7 U.S.C. 5921(g)(2)), as amended, shall be available for grants for
    biotechnology risk assessment research:  Provided, That the Secretary
    may transfer such funds among appropriations of the Department of
    Agriculture for purposes of making such grants.

    Sec. 775. (a) There is hereby appropriated $531,000,000, to remain
    available until expended, for an additional amount for section 779 of
    Public Law 115-141.
    (b) <>  Section 313(b) of the Rural
    Electrification Act of 1936, as amended (7 U.S.C. 940c(b)), shall be
    applied for fiscal year 2021 and each fiscal year thereafter until the
    specified funding has been expended as if the following were inserted
    after the final period in subsection (b)(2): ``In addition, the
    Secretary shall use $425,000,000 of funds available in this subaccount
    in fiscal year 2019 for an additional amount for the same purpose and
    under the same terms and conditions as funds appropriated by section 779
    of Public Law 115-141, shall use $255,000,000 of funds available in this
    subaccount in fiscal year 2020 for an additional amount for the same
    purpose and under the same terms and conditions as funds appropriated by
    section 779 of Public Law 115-141, and shall use $104,000,000 of funds
    available in this subaccount in fiscal year 2021 for an additional
    amount for the same purpose and under the same terms and conditions as
    funds appropriated by section 779 of Public Law 115-141.'':  Provided,
    That any use of such funds shall be treated as a reprogramming of funds
    under section 716 of this Act.

    (c) Section 787(b) of division B of Public Law 116-94 shall no
    longer apply.
    Sec. 776.  There is hereby appropriated $500,000 to carry out
    section 224 of Subtitle A of the Department of Agriculture
    Reorganization Act of 1994 (7 U.S.C. 6924) as amended by section 12504
    of Public Law 115-334.

    [[Page 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 <>  any other
    provision of law, the acceptable market name of any engineered animal
    approved prior to the effective date of the National Bioengineered Food
    Disclosure Standard (February 19, 2019) shall include the words
    ``genetically engineered'' prior to the existing acceptable market name.

    Sec. 779.  For an additional amount for ``National Institute of Food
    and Agriculture--Research and Education Activities'', $500,000, to
    develop a public-private cooperative framework based on open data
    standards for neutral data repository solutions to preserve and share
    the big data generated by technological advancements in the agriculture
    industry and for the preservation and curation of data in collaboration
    with land-grant universities.
    Sec. 780.  Notwithstanding any other provision of law, no funds
    available to the Department of Agriculture may be used to move any staff
    office or any agency from the mission area in which it was located on
    August 1, 2018, to any other mission area or office within the
    Department in the absence of the enactment of specific legislation
    affirming such move.
    Sec. 781.  There is hereby appropriated $10,000,000, to remain
    available until expended, for the Secretary of Agriculture to carry out
    a pilot program to provide financial assistance for rural communities to
    further develop renewable energy.
    Sec. 782.  Section 7605(b) of the Agriculture Improvement Act of
    2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking
    ``September 30, 2021'' and inserting ``January 1, 2022''.
    Sec. 783.  Section 9(i)(2) of the Food and Nutrition Act of 2008 (7
    U.S.C. 2018(i)(2)) is amended by striking ``December 31, 2020'' and
    inserting ``December 31, 2021''.
    Sec. 784.  Section <>  779 of Public Law 115-
    141 is amended by striking ``expansion efforts made'' and inserting
    ``service in a service area'' in the fourth proviso, and by inserting
    ``, unless such service area is not provided sufficient access to
    broadband at the minimum service threshold'' after ``Rural Utilities
    Service'' in the fourth proviso.

    Sec. 785.  In addition to amounts otherwise provided, there is
    hereby appropriated $1,000,000, to remain available until expended, to
    carry out activities authorized under subsections (a)(2) and (e)(2) of
    Section 21 of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1769b-1(a)(2) and (e)(2)).
    Sec. 786.  The Secretary, acting through the Chief of the Natural
    Resources Conservation Service, may use funds appropriated under this
    Act for the Watershed and Flood Prevention Operations Program and the
    Watershed Rehabilitation Program carried out pursuant to the Watershed
    Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), and for
    the Emergency Watershed Protection Program carried out pursuant to
    section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
    provide technical services for such programs pursuant to section
    1252(a)(1) of the Food Security Act of 1985 (16 U.S.C. 3851(a)(1)),
    notwithstanding subsection (c) of such section.
    Sec. 787. (a) <>  The Secretary of Health and Human
    Services, acting through the Commissioner of Food and Drugs
    (Commissioner), shall develop and, if it determines feasible, implement

    [[Page 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) <>  The Commissioner shall
    especially give priority consideration to the following with the funds
    appropriated--
    (1) that appropriate controls are applied to shrimp feed and
    production ponds, processing plants, and facilities throughout
    the chain of distribution to determine compliance with seafood
    safety requirements;
    (2) dedicate its inspectional effort to determine compliance
    with seafood arrangements, once established, from any dedicated
    funds;
    (3) <>  provide an annual report to the
    Committee before the end of fiscal years 2021, 2022, and 2023
    with the reporting requirement goal being to provide the
    Committee information related to FDA's oversight of the safety
    of shrimp products imported into the United States.

    Sec. 788.  There is hereby appropriated $1,000,000 to carry out the
    duties of the working group established under section 770 of the
    Agriculture, Rural Development, Food and Drug Administration, and
    Related Agencies Appropriations Act, 2019 (Public Law 116-6; 133 Stat.
    89).
    Sec. 789.  None <>  of the funds
    made available by this or any other act may be used to restrict the
    offering of low-fat (1% fat) flavored milk in the National School Lunch
    Program or School Breakfast Program, as long as such milk is not
    inconsistent with the most recent Dietary Guidelines for Americans
    published under section 301 of the National Nutrition Monitoring and
    Related Research Act of 1990.

    Sec. 790.  The <>
    Commissioner of the Food and Drug Administration shall develop a plan
    within 180 days of enactment that would allow the Agency to identify,
    detain and refuse all FDA regulated products originating from foreign
    establishments that did not allow FDA investigators immediate physical
    access to the registered establishment and its records to determine a
    registered establishment's ongoing compliance with FDA laws and
    regulations. Any foreign establishment that meets these criteria may be
    placed on import alert. This import alert would be specific for this
    foreign establishment, focusing on detaining all products from this
    establishment.

    Sec. 791.  In <>  administering the pilot
    program established by section 779 of division A of the Consolidated
    Appropriations Act, 2018 (Public Law 115-141), the Secretary of
    Agriculture may, for purposes of determining entities eligible to
    receive assistance, consider those communities which are ``Areas Rural
    in Character'':  Provided, That not more than 10 percent of the funds
    made available by section 775 may be used for this purpose.

    Sec. 792.  There is hereby appropriated $45,861,000 for the
    Goodfellow Federal facility, to remain available until expended, of
    which $20,000,000 shall be transferred to and merged with

    [[Page 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 <>  later than 1
    year after the date of enactment of this Act, the National Academy of
    Sciences, Engineering, and Medicine shall complete a review and provide
    a report to the Secretary of Agriculture, the Secretary of Health and
    Human Services, and the Congress, on the most recent edition of the
    dietary guidelines for Americans that includes the following:
    (1) A comparative analysis of the scientific methodologies,
    review protocols, and evaluation processes used to develop the
    most recently issued guidelines as compared to recommendations
    included in the National Academy of Sciences, Engineering, and
    Medicine September 2017 report entitled ``Redesigning the
    Process for Establishing the Dietary Guidelines for Americans''.
    (2) A comparative analysis of the scientific studies used to
    develop such guidelines to determine the dietary needs of
    Americans with diet-related metabolic diseases as compared to
    the most current and rigorous scientific studies on diet and
    diet-related metabolic diseases available.
    (3) An analysis of how full implementation of the
    recommendations described in paragraph (1) would have affected
    the most recently issued guidelines.

    Sec. 797. (a) <>  There is hereby appropriated
    $3,000,000, to remain available until expended, for a pilot program for
    the Animal and Plant Health Inspection Service to provide grants to
    State departments of agriculture and forestry commissions in states
    identified in the final environmental assessment published in the
    Federal Register on September 23, 2020 (85 Fed. Reg. 59735), to combat
    and treat cogongrass through established cogongrass control programs.

    (b) Any remaining unobligated balances of funds made available for
    field crop and rangeland ecosystem pests under the heading

    [[Page 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 <>  an additional amount
    for ``National Institute of Food and Agriculture--Research and Education
    Activities'', $300,000, for the Under Secretary for Research, Education,
    and Economics to convene a blue-ribbon panel for the purpose of
    evaluating the overall structure of research and education through the
    public and land-grant universities, including 1890 Institutions, to
    define a new architecture that can better integrate, coordinate, and
    assess economic impact of the collective work of these institutions.

    Sec. 799.  For <>  an additional amount for
    ``National Institute of Food and Agriculture--Research and Education
    Activities'', $4,000,000, to remain available until September 30, 2022,
    for a competitive grant to an institution in the land-grant university
    system to establish a Farm of the Future testbed and demonstration site.

    Sec. 799A.  There is hereby appropriated $22,000,000, to remain
    available until expended, to carry out section 12513 of Public Law 115-
    334:  Provided, That of the amounts made available, $20,000,000 shall be
    for established dairy business innovation initiatives and the Secretary
    shall take measures to ensure an equal distribution of funds between the
    three regional innovation initiatives.
    Sec. 799B.  None of the funds appropriated or otherwise made
    available by this Act shall be available for the United States
    Department of Agriculture to propose, finalize or implement any
    regulation that would promulgate new user fees pursuant to 31 U.S.C.
    9701 after the date of the enactment of this Act.
    Sec. 799C. (a) <>  Any remaining unobligated balances
    of funds made available under the heading ``Department of Agriculture--
    Agricultural Programs--Processing, Research and Marketing--Office of the
    Secretary'' in subsections (b) and (d) of section 791 of division B of
    the Further Consolidated Appropriations Act, 2020 Public Law 116-94 for
    block grants to eligible states and territories pursuant to the first
    proviso under the heading ``Department of Agriculture--Agricultural
    Programs--Processing, Research and Marketing--Office of the Secretary''
    in the Additional Supplemental Appropriations for Disaster Relief Act of
    2019 Public Law 116-20, as amended by subsection (c) of section 791 of
    division B Public Law 116-94, may be made available for any of the other
    purposes and under the same authorities and conditions for those

    [[Page 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 <>  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 1235]]

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

    TITLE I

    DEPARTMENT OF COMMERCE

    International Trade Administration

    operations and administration

    For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, to carry out activities
    associated with facilitating, attracting, and retaining business
    investment in the United States, and for engaging in trade promotional
    activities abroad, including expenses of grants and cooperative
    agreements for the purpose of promoting exports of United States firms,
    without regard to sections 3702 and 3703 of title 44, United States
    Code; full medical coverage for dependent members of immediate families
    of employees stationed overseas and employees temporarily posted
    overseas; travel and transportation of employees of the International
    Trade Administration between two points abroad, without regard to
    section 40118 of title 49, United States Code; employment of citizens of
    the United States and aliens by contract for services; rental of space
    abroad for periods not exceeding 10 years, and expenses of alteration,
    repair, or improvement; purchase or construction of temporary
    demountable exhibition structures for use abroad; payment of tort
    claims, in the manner authorized in the first paragraph of section 2672
    of title 28, United States Code, when such claims arise in foreign
    countries; not to exceed $294,300 for official representation expenses
    abroad; purchase of passenger motor vehicles for official use abroad,
    not to exceed $45,000 per vehicle; obtaining insurance on official motor
    vehicles; and rental of tie lines, $541,000,000, of which $70,000,000
    shall remain available until September 30, 2022:  Provided, That
    $11,000,000 is to be derived from fees to be retained and used by the
    International Trade Administration, notwithstanding section 3302 of
    title 31, United States Code:  Provided further, That, of amounts
    provided under this heading, not less than $16,400,000 shall be for
    China antidumping and countervailing duty enforcement and compliance
    activities:  Provided further,
    That <>  the provisions of the first
    sentence of section 105(f) and all of section 108(c) of the Mutual
    Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
    2458(c)) shall apply in carrying out these activities; and that for the
    purpose of this Act, contributions under the provisions of the Mutual
    Educational and Cultural Exchange Act of 1961 shall include payment for
    assessments for services provided as part of these activities.

    Bureau of Industry and Security

    operations and administration

    For necessary expenses for export administration and national
    security activities of the Department of Commerce, including costs
    associated with the performance of export administration field
    activities both domestically and abroad; full medical coverage for
    dependent members of immediate families of employees stationed

    [[Page 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: <>   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 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, <>  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 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 <>  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 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 1240]]

    Act (15 U.S.C. 278c-278e), $80,000,000, to remain available until
    expended:  Provided, That <>  the Secretary of Commerce shall include in the budget
    justification materials for fiscal year 2022 that the Secretary submits
    to Congress in support of the Department of Commerce budget (as
    submitted with the budget of the President under section 1105(a) of
    title 31, United States Code) an estimate for each National Institute of
    Standards and Technology construction project having a total multi-year
    program cost of more than $5,000,000, and simultaneously the budget
    justification materials shall include an estimate of the budgetary
    requirements for each such project for each of the 5 subsequent fiscal
    years.

    National Oceanic and Atmospheric Administration

    operations, research, and facilities

    (including transfer of funds)

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

    [[Page 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: <>   Provided
    further, That the Secretary of Commerce shall include in budget
    justification materials for fiscal year 2022 that the Secretary submits
    to Congress in support of the Department of Commerce budget (as
    submitted with the budget of the President under section 1105(a) of
    title 31, United States Code) an estimate for each National Oceanic and
    Atmospheric Administration procurement, acquisition or construction
    project having a total of more than $5,000,000 and simultaneously the
    budget justification shall include an estimate of the budgetary
    requirements for each such project for each of the 5 subsequent fiscal
    years:  Provided further, That, within the amounts appropriated,
    $2,000,000 shall be transferred to the ``Office of Inspector General''
    account for activities associated with carrying out investigations and
    audits related to satellite procurement, acquisition and construction.

    pacific coastal salmon recovery

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

    [[Page 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 <>  employee of the Department of
    Commerce may be detailed or assigned from a bureau or office funded by
    this Act or any other Act to offices within the Office of the Secretary
    of the Department of Commerce for more than 90 days in a fiscal year
    unless the individual's employing bureau or office is fully reimbursed
    for the salary and expenses of the employee for the entire period of
    assignment using funds provided under this heading.  Provided further,
    That amounts made available to the Department of Commerce in this or any
    prior Act may not be transferred pursuant to section 508 of this or any
    prior Act to the account funded under this heading, except in the case
    of extraordinary circumstances that threaten life or property.

    renovation and modernization

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

    nonrecurring expenses fund

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

    office of inspector general

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

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

    Sec. 102.  During the current fiscal year, appropriations made
    available to the Department of Commerce by this Act for salaries and
    expenses shall be available for hire of passenger motor vehicles as
    authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
    U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902).
    Sec. 103.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Commerce in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 10 percent by any such
    transfers:  Provided, That any transfer pursuant to this section shall
    be treated as a reprogramming of funds under section 505 of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section:  Provided
    further, That <>  the Secretary of
    Commerce shall notify the Committees on Appropriations at least 15 days
    in advance of the acquisition or disposal of any capital asset
    (including land, structures, and equipment) not specifically provided
    for in this Act or any other law appropriating funds for the Department
    of Commerce.

    Sec. 104.  The <>  requirements set forth by section 105 of the Commerce,
    Justice, Science, and Related Agencies Appropriations Act, 2012 (Public
    Law 112-55), as amended by section 105 of title I of division B of
    Public Law 113-6, are hereby adopted by reference and made applicable
    with respect to fiscal year 2021:  Provided, That the life cycle cost
    for the Joint Polar Satellite System is $11,322,125,000, the life cycle
    cost of the Polar Follow On Program is $6,837,900,000, the life cycle
    cost for the Geostationary Operational Environmental Satellite R-Series
    Program is $11,700,100,000, and the life cycle cost for the Space
    Weather Follow On Program is $692,800,000.

    Sec. 105.  Notwithstanding any other provision of law, the Secretary
    of Commerce may furnish services (including but not limited to
    utilities, telecommunications, and security services) necessary to
    support the operation, maintenance, and improvement of space that
    persons, firms, or organizations are authorized, pursuant to the Public
    Buildings Cooperative Use Act of 1976 or other authority, to use or
    occupy in the Herbert C. Hoover Building, Washington, DC, or other
    buildings, the maintenance, operation, and protection of which has been
    delegated to the Secretary from the Administrator of General Services
    pursuant to the Federal

    [[Page 1244]]

    Property and Administrative Services Act of 1949 on a reimbursable or
    non-reimbursable basis. <>  Amounts received as
    reimbursement for services provided under this section or the authority
    under which the use or occupancy of the space is authorized, up to
    $200,000, shall be credited to the appropriation or fund which initially
    bears the costs of such services.

    Sec. 106.  Nothing <>  in this title shall
    be construed to prevent a grant recipient from deterring child
    pornography, copyright infringement, or any other unlawful activity over
    its networks.

    Sec. 107.  The <>  Administrator of the
    National Oceanic and Atmospheric Administration is authorized to use,
    with their consent, with reimbursement and subject to the limits of
    available appropriations, the land, services, equipment, personnel, and
    facilities of any department, agency, or instrumentality of the United
    States, or of any State, local government, Indian Tribal government,
    Territory, or possession, or of any political subdivision thereof, or of
    any foreign government or international organization, for purposes
    related to carrying out the responsibilities of any statute administered
    by the National Oceanic and Atmospheric Administration.

    Sec. 108.  The National Technical Information Service shall not
    charge any customer for a copy of any report or document generated by
    the Legislative Branch unless the Service has provided information to
    the customer on how an electronic copy of such report or document may be
    accessed and downloaded for free online. Should a
    customer <>  still require the Service to provide a
    printed or digital copy of the report or document, the charge shall be
    limited to recovering the Service's cost of processing, reproducing, and
    delivering such report or document.

    Sec. 109.  To <>  carry out the
    responsibilities of the National Oceanic and Atmospheric Administration
    (NOAA), the Administrator of NOAA is authorized to: (1) enter into
    grants and cooperative agreements with; (2) use on a non-reimbursable
    basis land, services, equipment, personnel, and facilities provided by;
    and (3) receive and expend funds made available on a consensual basis
    from: a Federal agency, State or subdivision thereof, local government,
    Tribal government, Territory, or possession or any subdivisions thereof:
    Provided, That funds received for permitting and related regulatory
    activities pursuant to this section shall be deposited under the heading
    ``National Oceanic and Atmospheric Administration--Operations, Research,
    and Facilities'' and shall remain available until September 30, 2022,
    for such purposes:  Provided further, That all funds within this section
    and their corresponding uses are subject to section 505 of this Act.

    Sec. 110.  Amounts provided by this Act or by any prior
    appropriations Act that remain available for obligation, for necessary
    expenses of the programs of the Economics and Statistics Administration
    of the Department of Commerce, including amounts provided for programs
    of the Bureau of Economic Analysis and the Bureau of the Census, shall
    be available for expenses of cooperative agreements with appropriate
    entities, including any Federal, State, or local governmental unit, or
    institution of higher education, to aid and promote statistical,
    research, and methodology activities which further the purposes for
    which such amounts have been made available.
    Sec. 111.  Amounts provided by this Act for the Hollings
    Manufacturing Extension Partnership under the heading ``National

    [[Page 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 <>  Secretary of Commerce,
    or the designee of the Secretary, may waive the matching requirements
    under sections 306 and 306A, and the cost sharing requirements under
    section 315, of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455,
    1455a, and 1461) as necessary for amounts made available under this Act
    under the heading ``Operations, Research, and Facilities'' under the
    heading ``National Oceanic and Atmospheric Administration''.

    Sec. 113.  Of unobligated balances of amounts provided to the Bureau
    of the Census under this or any prior appropriations Act, up to
    $208,000,000 may be transferred to the Bureau of the Census Working
    Capital Fund for information and business technology system
    modernization and facilities infrastructure improvements necessary for
    the operations of the Bureau:  Provided, That the amounts previously
    provided by the Congress for the 2020 Census remain available only for
    the period of time as provided when initially enacted:  Provided
    further, That this transfer authority is in addition to any other
    transfer authority in this Act:  Provided further, That no amounts may
    be transferred that were previously designated by the Congress for the
    2020 Census pursuant to section 251(b)(2)(G) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as
    amended: <>   Provided further, That such
    amounts may be obligated only after the Committees on Appropriations of
    the House of Representatives and the Senate are notified at least 15
    days in advance of the planned use of funds.

    This title may be cited as the ``Department of Commerce
    Appropriations Act, 2021''.

    TITLE II <>

    DEPARTMENT OF JUSTICE

    General Administration

    salaries and expenses

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

    justice information sharing technology

    (including transfer of funds)

    For necessary expenses for information sharing technology, including
    planning, development, deployment and departmental direction,
    $34,000,000, to remain available until expended:  Provided, That the
    Attorney General may transfer up to $40,000,000 to this account, from
    funds available to the Department of Justice for information technology,
    to remain available until expended,

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

    In addition, for expenses of the Department of Justice associated
    with processing cases under the National Childhood Vaccine Injury Act of
    1986, not to exceed $17,000,000, to be appropriated from the Vaccine
    Injury Compensation Trust Fund and to remain available until expended.

    salaries and expenses, antitrust division

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

    salaries and expenses, united states attorneys

    For necessary expenses of the Offices of the United States
    Attorneys, including inter-governmental and cooperative agreements,
    $2,342,177,000:  Provided, That of the total amount appropriated, not to
    exceed $7,200 shall be available for official reception and
    representation expenses:  Provided further, That not to exceed
    $25,000,000 shall remain available until expended:  Provided further,

    [[Page 1248]]

    That each <>  United States Attorney shall
    establish or participate in a task force on human trafficking.

    united states trustee system fund

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

    salaries and expenses, foreign claims settlement commission

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

    fees and expenses of witnesses

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

    salaries and expenses, community relations service

    (including transfer of funds)

    For necessary expenses of the Community Relations Service,
    $18,000,000:  Provided, That <>  notwithstanding
    section 205 of this

    [[Page 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: <>   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 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 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 <>  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 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): <>   Provided, That the Attorney
    General may transfer to the Department of Health and Human Services such
    amounts as may be necessary for direct expenditures by that Department
    for medical relief for inmates of Federal penal and correctional
    institutions: <>   Provided further,
    That the Director of the Federal Prison System, where necessary, may
    enter into contracts with a fiscal agent or fiscal intermediary claims
    processor to determine the amounts payable to persons who, on behalf of
    the Federal Prison System, furnish health services to individuals
    committed to the custody of the Federal Prison System:  Provided
    further, That not to exceed $5,400 shall be available for official
    reception and representation expenses:  Provided further, That not to
    exceed $50,000,000 shall remain available until expended for necessary
    operations:  Provided further, That, of the amounts provided for
    contract confinement, not to exceed $20,000,000 shall remain available
    until expended to make payments in advance for grants, contracts and
    reimbursable agreements, and other expenses:  Provided further,
    That <>  the Director of the Federal Prison System may
    accept donated property and services relating to the operation of the
    prison card program from a not-for-profit entity which has operated such
    program in the past, notwithstanding the fact that such not-for-profit
    entity furnishes services under contracts to the Federal Prison System
    relating to the operation of pre-release services, halfway houses, or
    other custodial facilities.

    buildings and facilities

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

    federal prison industries, incorporated

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

    limitation on administrative expenses, federal prison industries,
    incorporated

    Not to exceed $2,700,000 of the funds of the Federal Prison
    Industries, Incorporated, shall be available for its administrative

    [[Page 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 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: <>   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 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 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 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 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 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 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 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: <>   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 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 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 <>  of the funds appropriated by
    this title shall be available to pay for an abortion, except where the
    life of the mother would be endangered if the fetus were carried to
    term, or in the case of rape or incest:  Provided, That should this
    prohibition be declared unconstitutional by a court of competent
    jurisdiction, this section shall be null and void.

    Sec. 203.  None <>  of the funds appropriated under
    this title shall be used to require any person to perform, or facilitate
    in any way the performance of, any abortion.

    Sec. 204.  Nothing <>  in the preceding section
    shall remove the obligation of the Director of the Bureau of Prisons to
    provide escort services necessary for a female inmate to receive such
    service outside the Federal facility:  Provided, That nothing in this
    section in any way diminishes the effect of section 203 intended to
    address the philosophical beliefs of individual employees of the Bureau
    of Prisons.

    Sec. 205.  Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of Justice in
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such transfers:  Provided, That
    any transfer pursuant to this section shall be treated as a
    reprogramming of funds under section 505 of this Act and shall not be
    available for obligation except in compliance with the procedures set
    forth in that section.
    Sec. 206.  None <>  of the funds made
    available under this title may be used by the Federal Bureau of Prisons
    or the United States Marshals Service for the purpose of transporting an
    individual who is a prisoner pursuant to conviction for crime under
    State or Federal law and is classified as a maximum or high security
    prisoner, other than to a prison or other facility certified by the
    Federal Bureau of Prisons as appropriately secure for housing such a
    prisoner.

    Sec. 207. (a) <>  None of the funds
    appropriated by this Act may be used by Federal prisons to purchase
    cable television services,

    [[Page 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 <>  of the funds made
    available under this title shall be obligated or expended for any new or
    enhanced information technology program having total estimated
    development costs in excess of $100,000,000, unless the Deputy Attorney
    General and the investment review board certify to the Committees on
    Appropriations of the House of Representatives and the Senate that the
    information technology program has appropriate program management
    controls and contractor oversight mechanisms in place, and that the
    program is compatible with the enterprise architecture of the Department
    of Justice.

    Sec. 209.  The <>  notification thresholds and
    procedures set forth in section 505 of this Act shall apply to
    deviations from the amounts designated for specific activities in this
    Act and in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), and to any use of
    deobligated balances of funds provided under this title in previous
    years.

    Sec. 210.  None of the funds appropriated by this Act may be used to
    plan for, begin, continue, finish, process, or approve a public-private
    competition under the Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive, or policy for work
    performed by employees of the Bureau of Prisons or of Federal Prison
    Industries, Incorporated.
    Sec. 211.  Notwithstanding any other provision of law, no funds
    shall be available for the salary, benefits, or expenses of any United
    States Attorney assigned dual or additional responsibilities by the
    Attorney General or his designee that exempt that United States Attorney
    from the residency requirements of section 545 of title 28, United
    States Code.
    Sec. 212.  At the discretion of the Attorney General, and in
    addition to any amounts that otherwise may be available (or authorized
    to be made available) by law, with respect to funds appropriated by this
    title under the headings ``Research, Evaluation and Statistics'',
    ``State and Local Law Enforcement Assistance'', and ``Juvenile Justice
    Programs''--
    (1) up to 2 percent of funds made available to the Office of
    Justice Programs for grant or reimbursement programs may be used
    by such Office to provide training and technical assistance; and
    (2) up to 2 percent of funds made available for grant or
    reimbursement programs under such headings, except for amounts
    appropriated specifically for research, evaluation, or
    statistical programs administered by the National Institute of
    Justice and the Bureau of Justice Statistics, shall be
    transferred to and merged with funds provided to the National
    Institute of Justice and the Bureau of Justice Statistics, to be
    used by them for research, evaluation, or statistical purposes,
    without regard to the authorizations for such grant or
    reimbursement programs.

    Sec. 213.  Upon <>  request
    by a grantee for whom the Attorney General has determined there is a
    fiscal hardship, the Attorney General may, with respect to funds
    appropriated in this or any

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

    Sec. 216. (a) None of the income retained in the Department of
    Justice Working Capital Fund pursuant to title I of Public Law 102-140
    (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation
    during fiscal year 2021, except up to $12,000,000 may be obligated for
    implementation of a unified Department of Justice financial management
    system.
    (b) Not to exceed $30,000,000 of the unobligated balances
    transferred to the capital account of the Department of Justice Working
    Capital Fund pursuant to title I of Public Law 102-140 (105 Stat. 784;
    28 U.S.C. 527 note) shall be available for obligation in fiscal year
    2021, and any use, obligation, transfer, or allocation of such funds
    shall be treated as a reprogramming of funds under section 505 of this
    Act.
    (c) Not to exceed $10,000,000 of the excess unobligated balances
    available under section 524(c)(8)(E) of title 28, United States Code,
    shall be available for obligation during fiscal year 2021, and any use,
    obligation, transfer or allocation of such funds shall be treated as a
    reprogramming of funds under section 505 of this Act.
    Sec. 217.  Discretionary funds that are made available in this Act
    for the Office of Justice Programs may be used to participate in
    Performance Partnership Pilots authorized under such authorities as have
    been enacted for Performance Partnership Pilots in appropriations acts
    in prior fiscal years and the current fiscal year.
    Sec. 218.  Section <>
    1930(a)(6)(B) of title 28, United States Code, shall be applied for this
    fiscal year and next fiscal year by substituting `` $300,000,000'' for
    `` $200,000,000''.

    Sec. 219.  Section 527 of title 28, United States Code, is amended
    in the third sentence by inserting ``: (1)'' before ``the Department''
    and by inserting ``; and (2) federally recognized tribes for supplies,
    materials, and services related to access to Federal law enforcement
    databases;'' after ``and services''.

    [[Page 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 <>

    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 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: <>   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 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 <>  later than 180
    days after the enactment of this Act, the National Aeronautics and Space
    Administration shall provide a plan for the design of a flight
    demonstration.

    exploration

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

    space operations

    For necessary expenses, not otherwise provided for, in the conduct
    and support of space operations research and development

    [[Page 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 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: <>   Provided, That proceeds from leases deposited into this
    account shall be available for a period of 5 years to the extent and in
    amounts as provided in annual appropriations Acts:  Provided further,
    That such proceeds referred to in the preceding proviso shall be
    available for obligation for fiscal year 2021 in an amount not to exceed
    $18,700,000:  Provided further, That
    each <>  annual
    budget request shall include an annual estimate of gross receipts and
    collections and proposed use of all funds collected pursuant to section
    20145 of title 51, United States Code.

    office of inspector general

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

    administrative provisions

    (including transfers of funds)

    Funds <>  for any announced prize
    otherwise authorized shall remain available, without fiscal year
    limitation, until a prize is claimed or the offer is withdrawn.

    Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by any
    such transfers. Any funds transferred to ``Construction and
    Environmental Compliance and Restoration'' for construction activities
    shall not increase that account by more than 20 percent. Balances so
    transferred shall be merged with and available for the same purposes and
    the same time period as the appropriations to which transferred. Any
    transfer pursuant to this provision shall be treated as a reprogramming
    of funds under section 505 of this Act and shall not be available for
    obligation except in compliance with the procedures set forth in that
    section.
    Not to exceed 5 percent of any appropriation provided for the
    National Aeronautics and Space Administration under previous
    appropriations Acts that remains available for obligation or expenditure
    in fiscal year 2021 may be transferred between such appropriations, but
    no such appropriation, except as otherwise specifically provided, shall
    be increased by more than 10 percent by any such transfers. Any transfer
    pursuant to this provision shall retain its original availability and
    shall be treated as a reprogramming of funds under section 505 of this
    Act and shall not be available for obligation except in compliance with
    the procedures set forth in that section.
    The <>  spending plan required by this Act
    shall be provided by the National Aeronautics and Space Administration
    at the theme, program, project, and activity level. The spending plan,
    as well as any subsequent change of an amount established in that
    spending plan that meets the notification requirements of section 505 of
    this Act, shall be treated as a reprogramming under section

    [[Page 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 <>  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 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 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 <>  Director of the National
    Science Foundation (NSF) shall notify the Committees on Appropriations
    of the House of Representatives and the Senate at least 30 days in
    advance of any planned divestment through transfer, decommissioning,
    termination, or deconstruction of any NSF-owned facilities or any NSF
    capital assets (including land, structures, and equipment) valued
    greater than $2,500,000.

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

    TITLE IV

    RELATED AGENCIES

    Commission on Civil Rights

    salaries and expenses

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

    Equal Employment Opportunity Commission

    salaries and expenses

    For necessary expenses of the Equal Employment Opportunity
    Commission as authorized by title VII of the Civil Rights Act of 1964,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, section 501 of the
    Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic
    Information Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
    the ADA Amendments Act of 2008 (Public Law 110-325), and the Lilly
    Ledbetter Fair Pay Act of 2009 (Public Law 111-2), including services as
    authorized by section 3109 of title 5, United States Code; hire of
    passenger motor vehicles as authorized by section 1343(b) of title 31,
    United States Code; nonmonetary awards to private citizens; and up to
    $31,500,000 for payments to State and local enforcement agencies for
    authorized

    [[Page 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 <>  the
    Commission may take no action to implement any workforce repositioning,
    restructuring, or reorganization until such time as the Committees on
    Appropriations of the House of Representatives and the Senate have been
    notified of such proposals, in accordance with the reprogramming
    requirements of section 505 of this Act: <>   Provided
    further, That the Chair may accept and use any gift or donation to carry
    out the work of the Commission.

    International Trade Commission

    salaries and expenses

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

    Legal Services Corporation

    payment to the legal services corporation

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

    administrative provision--legal services corporation

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

    [[Page 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 <>  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 1276]]

    Sec. 503.  The <>  expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract, pursuant to section 3109 of title 5, United States
    Code, shall be limited to those contracts where such expenditures are a
    matter of public record and available for public inspection, except
    where otherwise provided under existing law, or under existing Executive
    order issued pursuant to existing law.

    Sec. 504.  If any provision of this Act or the application of such
    provision to any person or circumstances shall be held invalid, the
    remainder of the Act and the application of each provision to persons or
    circumstances other than those as to which it is held invalid shall not
    be affected thereby.
    Sec. 505.  None <>  of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded by this Act that remain available for obligation
    or expenditure in fiscal year 2021, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates or initiates a new program, project, or activity; (2) eliminates
    a program, project, or activity; (3) increases funds or personnel by any
    means for any project or activity for which funds have been denied or
    restricted; (4) relocates an office or employees; (5) reorganizes or
    renames offices, programs, or activities; (6) contracts out or
    privatizes any functions or activities presently performed by Federal
    employees; (7) augments existing programs, projects, or activities in
    excess of $500,000 or 10 percent, whichever is less, or reduces by 10
    percent funding for any program, project, or activity, or numbers of
    personnel by 10 percent; or (8) results from any general savings,
    including savings from a reduction in personnel, which would result in a
    change in existing programs, projects, or activities as approved by
    Congress; unless the House and Senate Committees on Appropriations are
    notified 15 days in advance of such reprogramming of funds.

    Sec. 506. (a) If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to receive
    any contract or subcontract made with funds made available in this Act,
    pursuant to the debarment, suspension, and ineligibility procedures
    described in sections 9.400 through 9.409 of title 48, Code of Federal
    Regulations.
    (b)(1) To the extent practicable, with respect to authorized
    purchases of promotional items, funds made available by this Act shall
    be used to purchase items that are manufactured, produced, or assembled
    in the United States, its territories or possessions.
    (2) <>  The term ``promotional items'' has the
    meaning given the term in OMB Circular A-87, Attachment B, Item
    (1)(f)(3).

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

    [[Page 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: <>   Provided, That the authority to
    transfer funds between appropriations accounts as may be necessary to
    carry out this section is provided in addition to authorities included
    elsewhere in this Act:  Provided further, That use of funds to carry out
    this section shall be treated as a reprogramming of funds under section
    505 of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that
    section: <>   Provided further,
    That for the Department of Commerce, this section shall also apply to
    actions taken for the care and protection of loan collateral or grant
    property.

    Sec. 509.  None <>  of the
    funds provided by this Act shall be available to promote the sale or
    export of tobacco or tobacco products, or to seek the reduction or
    removal by any foreign country of restrictions on the marketing of
    tobacco or tobacco products, except for restrictions which are not
    applied equally to all tobacco or tobacco products of the same type.

    Sec. 510.  Notwithstanding <>  any other
    provision of law, amounts deposited or available in the Fund established
    by section 1402 of chapter XIV of title II of Public Law 98-473 (34
    U.S.C. 20101) in any fiscal year in excess of $2,015,000,000 shall not
    be available for obligation until the following fiscal year:  Provided,
    That notwithstanding section 1402(d) of such Act, of the amounts
    available from the Fund for obligation: (1) $10,000,000 shall be
    transferred to the Department of Justice Office of Inspector General and
    remain available until expended for oversight and auditing purposes
    associated with this section; and (2) 5 percent shall be available to
    the Office for Victims of Crime for grants, consistent with the
    requirements of the Victims of Crime Act, to Indian Tribes to improve
    services for victims of crime.

    Sec. 511.  None <>  of the funds made
    available to the Department of Justice in this Act may be used to
    discriminate against or denigrate the religious or moral beliefs of
    students who participate in programs for which financial assistance is
    provided from those funds, or of the parents or legal guardians of such
    students.

    Sec. 512.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    Sec. 513. (a) <>  The Inspectors General of
    the Department of Commerce, the Department of Justice, the National
    Aeronautics and Space Administration, the National Science Foundation,
    and

    [[Page 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) <>  Within 60
    days after the date on which an audit described in subsection (a) by an
    Inspector General is completed, the Secretary, Attorney General,
    Administrator, Director, or President, as appropriate, shall make the
    results of the audit available to the public on the Internet website
    maintained by the Department, Administration, Foundation, or
    Corporation, respectively. The results shall be made available in
    redacted form to exclude--
    (1) any matter described in section 552(b) of title 5,
    United States Code; and
    (2) sensitive personal information for any individual, the
    public access to which could be used to commit identity theft or
    for other inappropriate or unlawful purposes.

    (c) <>  Any person awarded a grant or contract
    funded by amounts appropriated by this Act shall submit a statement to
    the Secretary of Commerce, the Attorney General, the Administrator,
    Director, or President, as appropriate, certifying that no funds derived
    from the grant or contract will be made available through a subcontract
    or in any other manner to another person who has a financial interest in
    the person awarded the grant or contract.

    (d) <>  The provisions of
    the preceding subsections of this section shall take effect 30 days
    after the date on which the Director of the Office of Management and
    Budget, in consultation with the Director of the Office of Government
    Ethics, determines that a uniform set of rules and requirements,
    substantially similar to the requirements in such subsections,
    consistently apply under the executive branch ethics program to all
    Federal departments, agencies, and entities.

    Sec. 514. (a) <>  None of
    the funds appropriated or otherwise made available under this Act may be
    used by the Departments of Commerce and Justice, the National
    Aeronautics and Space Administration, or the National Science Foundation
    to acquire a high-impact or moderate-impact information system, as
    defined for security categorization in the National Institute of
    Standards and Technology's (NIST) Federal Information Processing
    Standard Publication 199, ``Standards for Security Categorization of
    Federal Information and Information Systems'' unless the agency has--
    (1) reviewed the supply chain risk for the information
    systems against criteria developed by NIST and the Federal
    Bureau of Investigation (FBI) to inform acquisition decisions
    for high-impact and moderate-impact information systems within
    the Federal Government;
    (2) reviewed the supply chain risk from the presumptive
    awardee against available and relevant threat information
    provided by the FBI and other appropriate agencies; and
    (3) <>  in consultation with the FBI or other appropriate
    Federal entity, conducted an assessment of any risk of cyber-
    espionage or sabotage associated with the acquisition of such
    system, including any risk associated with such system being
    produced, manufactured, or assembled by one or more entities
    identified by the United States Government as posing a cyber

    [[Page 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) <>  None of the funds appropriated or
    otherwise made available under this Act may be used to acquire a high-
    impact or moderate-impact information system reviewed and assessed under
    subsection (a) unless the head of the assessing entity described in
    subsection (a) has--
    (1) <>  developed, in
    consultation with NIST, the FBI, and supply chain risk
    management experts, a mitigation strategy for any identified
    risks;
    (2) <>  determined, in consultation
    with NIST and the FBI, that the acquisition of such system is in
    the national interest of the United States; and
    (3) <>  reported that determination to the
    Committees on Appropriations of the House of Representatives and
    the Senate and the agency Inspector General.

    Sec. 515.  None <>  of the funds made available in
    this Act shall be used in any way whatsoever to support or justify the
    use of torture by any official or contract employee of the United States
    Government.

    Sec. 516.  None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the text
    of--
    (1) paragraph 2 of article 16.7 of the United States-
    Singapore Free Trade Agreement;
    (2) paragraph 4 of article 17.9 of the United States-
    Australia Free Trade Agreement; or
    (3) paragraph 4 of article 15.9 of the United States-Morocco
    Free Trade Agreement.

    Sec. 517.  None <>  of the funds
    made available in this Act may be used to authorize or issue a national
    security letter in contravention of any of the following laws
    authorizing the Federal Bureau of Investigation to issue national
    security letters: The Right to Financial Privacy Act of 1978; The
    Electronic Communications Privacy Act of 1986; The Fair Credit Reporting
    Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
    of 2015; and the laws amended by these Acts.

    Sec. 518.  If <>  at any time during any
    quarter, the program manager of a project within the jurisdiction of the
    Departments of Commerce or Justice, the National Aeronautics and Space
    Administration, or the National Science Foundation totaling more than
    $75,000,000 has reasonable cause to believe that the total program cost
    has increased by 10 percent or more, the program manager shall
    immediately inform the respective Secretary, Administrator, or
    Director. <>  The
    Secretary, Administrator, or Director shall notify the House and Senate
    Committees on Appropriations within 30 days in writing of such increase,
    and shall include in such notice: the date on which such determination
    was made; a statement of the reasons for such increases; the action
    taken and proposed to be taken to control future cost growth of the
    project; changes made in the performance or schedule milestones and the
    degree to which such changes have contributed to the increase in total
    program costs or procurement costs; new estimates of the total project
    or procurement costs; and a statement validating

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

    (rescissions)

    Sec. 521. (a) <>  Of the unobligated balances from
    prior year appropriations available to the Department of Commerce, the
    following funds are hereby permanently rescinded, not later than
    September 30, 2021, from the following accounts in the specified
    amounts--
    (1) ``Economic Development Administration, Economic
    Development Assistance Programs'', $10,000,000; and
    (2) ``National Oceanic and Atmospheric Administration,
    Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.

    (b) Of the unobligated balances available to the Department of
    Justice, the following funds are hereby permanently rescinded, not later
    than September 30, 2021, from the following accounts in the specified
    amounts--
    (1) ``Working Capital Fund'', $188,000,000;
    (2) ``Federal Bureau of Investigation, Salaries and
    Expenses'', $80,000,000 including from, but not limited to, fees
    collected to defray expenses for the automation of fingerprint
    identification and criminal justice information services and
    associated costs;
    (3) ``State and Local Law Enforcement Activities, Office of
    Justice Programs'', $127,000,000; and
    (4) ``State and Local Law Enforcement Activities, Community
    Oriented Policing Services'', $15,000,000.

    (c) <>  The Departments of Commerce and Justice
    shall submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report no later than September 1, 2021,
    specifying the amount of each rescission made pursuant to subsections
    (a) and (b).

    (d) The amounts rescinded in subsections (a) and (b) shall not be
    from amounts that were designated by the Congress as

    [[Page 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 <>  of the funds made
    available in this Act may be used to purchase first class or premium
    airline travel in contravention of sections 301-10.122 through 301-
    10.124 of title 41 of the Code of Federal Regulations.

    Sec. 523.  None <>  of the funds made
    available in this Act may be used to send or otherwise pay for the
    attendance of more than 50 employees from a Federal department or
    agency, who are stationed in the United States, at any single conference
    occurring outside the United States unless--
    (1) such conference is a law enforcement training or
    operational conference for law enforcement personnel and the
    majority of Federal employees in attendance are law enforcement
    personnel stationed outside the United States; or
    (2) <>  such
    conference is a scientific conference and the department or
    agency head determines that such attendance is in the national
    interest and notifies the Committees on Appropriations of the
    House of Representatives and the Senate within at least 15 days
    of that determination and the basis for that determination.

    Sec. 524.  The <>
    Director of the Office of Management and Budget shall instruct any
    department, agency, or instrumentality of the United States receiving
    funds appropriated under this Act to track undisbursed balances in
    expired grant accounts and include in its annual performance plan and
    performance and accountability reports the following:
    (1) Details on future action the department, agency, or
    instrumentality will take to resolve undisbursed balances in
    expired grant accounts.
    (2) The method that the department, agency, or
    instrumentality uses to track undisbursed balances in expired
    grant accounts.
    (3) Identification of undisbursed balances in expired grant
    accounts that may be returned to the Treasury of the United
    States.
    (4) <>  In the preceding 3 fiscal years,
    details on the total number of expired grant accounts with
    undisbursed balances (on the first day of each fiscal year) for
    the department, agency, or instrumentality and the total
    finances that have not been obligated to a specific project
    remaining in the accounts.

    Sec. 525.  To <>  the extent practicable, funds
    made available in this Act should be used to purchase light bulbs that
    are ``Energy Star'' qualified or have the ``Federal Energy Management
    Program'' designation.

    Sec. 526. (a) <>  None of the funds made available by
    this Act may be used for the National Aeronautics and Space
    Administration (NASA), the Office of Science and Technology Policy
    (OSTP), or the National Space Council (NSC) to develop, design, plan,
    promulgate, implement, or execute a bilateral policy, program, order, or
    contract of any kind to participate, collaborate, or coordinate
    bilaterally in any way with China or any Chinese-owned company unless
    such activities are specifically authorized by a law enacted after the
    date of enactment of this Act.

    [[Page 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) <>  The limitations
    described in subsections (a) and (b) shall not apply to activities which
    NASA, OSTP, or NSC, after consultation with the Federal Bureau of
    Investigation, have certified--
    (1) pose no risk of resulting in the transfer of technology,
    data, or other information with national security or economic
    security implications to China or a Chinese-owned company; and
    (2) will not involve knowing interactions with officials who
    have been determined by the United States to have direct
    involvement with violations of human rights.

    (d) <>  Any certification made under subsection (c)
    shall be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate, and the Federal Bureau of Investigation,
    no later than 30 days prior to the activity in question and shall
    include a description of the purpose of the activity, its agenda, its
    major participants, and its location and timing.

    Sec. 527. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, Tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution,
    adjudication, or other law enforcement- or victim assistance-related
    activity.
    Sec. 528.  The <>  Departments of
    Commerce and Justice, the National Aeronautics and Space Administration,
    the National Science Foundation, the Commission on Civil Rights, the
    Equal Employment Opportunity Commission, the International Trade
    Commission, the Legal Services Corporation, the Marine Mammal
    Commission, the Offices of Science and Technology Policy and the United
    States Trade Representative, the National Space Council, and the State
    Justice Institute shall submit spending plans, signed by the respective
    department or agency head, to the Committees on Appropriations of the
    House of Representatives and the Senate not later than 45 days after the
    date of enactment of this Act.

    Sec. 529.  Notwithstanding <>  any other provision
    of this Act, none of the funds appropriated or otherwise made available
    by this Act may be used to pay award or incentive fees for contractor
    performance that has been judged to be below satisfactory performance or
    for performance that does not meet the basic requirements of a contract.

    Sec. 530.  None of the funds made available by this Act may be used
    in contravention of section 7606 (``Legitimacy of Industrial Hemp
    Research'') of the Agricultural Act of 2014 (Public Law 113-79) by the
    Department of Justice or the Drug Enforcement Administration.
    Sec. 531.  None <>  of the funds made available under this Act to the
    Department of Justice may be used, with respect to any of the States of
    Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut,
    Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
    Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
    Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New
    Mexico, New York,

    [[Page 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 <>  Department of Commerce,
    the National Aeronautics and Space Administration, and the National
    Science Foundation shall provide a quarterly report to the Committees on
    Appropriations of the House of Representatives and the Senate on any
    official travel to China by any employee of such Department or agency,
    including the purpose of such travel.

    Sec. 533.  None <>  of the
    funds provided in this Act shall be available for obligation for the
    James Webb Space Telescope (JWST) after December 31, 2021, if the
    individual identified under subsection (c)(2)(E) of section 30104 of
    title 51, United States Code, as responsible for JWST determines that
    the formulation and development costs (with development cost as defined
    under section 30104 of title 51, United States Code) are likely to
    exceed $8,802,700,000, unless the program is modified so that the costs
    do not exceed $8,802,700,000.

    Sec. 534.  Of the amounts made available by this Act, not less than
    10 percent of each total amount provided, respectively, for Public Works
    grants authorized by the Public Works and Economic Development Act of
    1965 and grants authorized by section 27 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
    for assistance in persistent poverty counties:  Provided,
    That <>  for purposes of this section, the term
    ``persistent poverty counties'' means any county that has had 20 percent
    or more of its population living in poverty over the past 30 years, as
    measured by the 1990 and 2000 decennial censuses and the most recent
    Small Area Income and Poverty Estimates, or any Territory or possession
    of the United States.

    Sec. 535.  None <>
    of the funds appropriated or otherwise made available in this or any
    other Act may be used to transfer, release, or assist in the transfer or
    release to or within the United States, its territories, or possessions
    Khalid Sheikh Mohammed or any other detainee who--
    (1) is not a United States citizen or a member of the Armed
    Forces of the United States; and
    (2) is or was held on or after June 24, 2009, at the United
    States Naval Station, Guantanamo Bay, Cuba, by the Department of
    Defense.

    Sec. 536. (a) <>  None of the funds
    appropriated or otherwise made available in this or any other Act may be
    used to construct, acquire, or modify any facility in the United States,
    its territories, or possessions to house any individual described in
    subsection (c) for the purposes of detention or imprisonment in the
    custody or under the effective control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
    (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--

    [[Page 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) <>
    Notwithstanding any other provision of law or treaty, none of the funds
    appropriated or otherwise made available under this Act or any other Act
    may be expended or obligated by a department, agency, or instrumentality
    of the United States to pay administrative expenses or to compensate an
    officer or employee of the United States in connection with requiring an
    export license for the export to Canada of components, parts,
    accessories or attachments for firearms listed in Category I, section
    121.1 of title 22, Code of Federal Regulations (International
    Trafficking in Arms Regulations (ITAR), part 121, as it existed on April
    1, 2005) with a total value not exceeding $500 wholesale in any
    transaction, provided that the conditions of subsection (b) of this
    section are met by the exporting party for such articles.

    (b) The foregoing exemption from obtaining an export license--
    (1) does not exempt an exporter from filing any Shipper's
    Export Declaration or notification letter required by law, or
    from being otherwise eligible under the laws of the United
    States to possess, ship, transport, or export the articles
    enumerated in subsection (a); and
    (2) does not permit the export without a license of--
    (A) fully automatic firearms and components and
    parts for such firearms, other than for end use by the
    Federal Government, or a Provincial or Municipal
    Government of Canada;
    (B) barrels, cylinders, receivers (frames) or
    complete breech mechanisms for any firearm listed in
    Category I, other than for end use by the Federal
    Government, or a Provincial or Municipal Government of
    Canada; or
    (C) articles for export from Canada to another
    foreign destination.

    (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in the
    United States or return to Canada for a Canadian citizen.
    (d) <>  The President may require export licenses under this
    section on a temporary basis if the President determines, upon
    publication first in the Federal Register, that the Government of Canada
    has implemented or maintained inadequate import controls for the
    articles specified in subsection (a), such that a significant diversion
    of such articles has and continues to take place for use in
    international terrorism or in the escalation of a conflict in another
    nation. The President <>  shall terminate the
    requirements of a license when reasons for the temporary requirements
    have ceased.

    Sec. 538.  Notwithstanding <>  any
    other provision of law, no department, agency, or instrumentality of the
    United States receiving appropriated funds under this Act or any other
    Act shall obligate or expend in any way such funds to pay administrative

    [[Page 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 <>  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 1286]]

    DIVISION C--DEPARTMENT <>  OF DEFENSE APPROPRIATIONS ACT, 2021

    TITLE I

    MILITARY PERSONNEL

    Military Personnel, Army

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

    Military Personnel, Navy

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

    Military Personnel, Marine Corps

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

    Military Personnel, Air Force

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

    [[Page 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 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 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 <>  Secretary of Defense shall, not
    less than 15 days prior to obligating funds made available in this
    section for International Security Cooperation Programs, notify the
    congressional defense committees in writing of the details of any such
    obligation:  Provided further, That <>  the Secretary of
    Defense shall provide quarterly

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

    Environmental Restoration, Navy

    (including transfer of funds)

    For <>  the Department of the Navy,
    $421,250,000, to remain available until transferred:  Provided, That the
    Secretary of the Navy shall, upon determining that such funds are
    required for environmental restoration, reduction and recycling of
    hazardous waste, removal of unsafe buildings and debris of the
    Department of the Navy, or for similar purposes, transfer the funds made
    available by this appropriation to other appropriations made available
    to the Department of the Navy, to be merged with and to be available

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

    Environmental Restoration, Defense-Wide

    (including transfer of funds)

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

    Environmental Restoration, Formerly Used Defense Sites

    (including transfer of funds)

    For <>  the Department of the Army,
    $288,750,000, to remain available until transferred:  Provided, That the
    Secretary of the Army shall, upon determining that such funds are
    required for

    [[Page 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 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 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 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 <>  of the funds provided under this heading for
    the construction or conversion of any naval vessel to be constructed in
    shipyards in the United States shall be expended in foreign facilities
    for the construction of major components of such vessel:  Provided
    further, That <>  none of the funds provided under this
    heading shall be used for the construction of any naval vessel in
    foreign shipyards:  Provided further, That funds appropriated or
    otherwise made available by this Act for Columbia Class Submarine (AP)
    may be available for the purposes authorized by subsections (f), (g),
    (h) or (i) of section 2218a of title 10, United States Code, only in
    accordance with the provisions of the applicable subsection.

    Other Procurement, Navy

    For procurement, production, and modernization of support equipment
    and materials not otherwise provided for, Navy ordnance (except ordnance
    for new aircraft, new ships, and ships authorized for conversion); the
    purchase of passenger motor vehicles for replacement only; expansion of
    public and private plants, including

    [[Page 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 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 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 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 <>  the Secretary of
    Defense shall submit to the congressional defense committees quarterly
    reports on the current status of the deployment of the electronic health
    record:  Provided further, That <>  the Secretary of Defense shall provide notice to the
    congressional defense committees not later than 10 business days after
    delaying the proposed timeline of such deployment if such delay is
    longer than 1 week: <>   Provided further, That the
    Comptroller General of the United States shall perform quarterly
    performance reviews of such deployment.

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

    Sec. 8002.  During <>  the current fiscal
    year, provisions of law prohibiting the payment of compensation to, or
    employment of, any person not a citizen of the United States shall not
    apply to personnel of the Department of Defense:  Provided, That salary
    increases granted to direct and indirect hire foreign national employees
    of the Department of Defense funded by this Act shall not be at a rate
    in excess of the percentage increase authorized by law for civilian
    employees of the Department of Defense whose pay is computed under the
    provisions of section 5332 of title 5, United States Code, or at a rate
    in excess of the percentage increase provided by the appropriate host
    nation to its own employees, whichever is higher:  Provided further,
    That this section shall not apply to Department of Defense foreign
    service national employees serving at United States diplomatic missions
    whose pay is set by the Department of State under the Foreign Service
    Act of 1980:  Provided further, That <>  the limitations
    of this provision shall not apply to foreign national employees of the
    Department of Defense in the Republic of Turkey.

    Sec. 8003.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year, unless
    expressly so provided herein.
    Sec. 8004.  No <>  more than 20 percent of the
    appropriations in this Act which are limited for obligation during the
    current fiscal year shall be obligated during the last 2 months of the
    fiscal year:  Provided, That this section shall not apply to obligations
    for support of active duty training of reserve components or summer camp
    training of the Reserve Officers' Training Corps.

    [[Page 1303]]

    (transfer of funds)

    Sec. 8005.  Upon <>  determination by the
    Secretary of Defense that such action is necessary in the national
    interest, the Secretary may, with the approval of the Office of
    Management and Budget, transfer not to exceed $4,000,000,000 of working
    capital funds of the Department of Defense or funds made available in
    this Act to the Department of Defense for military functions (except
    military construction) between such appropriations or funds or any
    subdivision thereof, to be merged with and to be available for the same
    purposes, and for the same time period, as the appropriation or fund to
    which transferred:  Provided, That such authority to transfer may not be
    used unless for higher priority items, based on unforeseen military
    requirements, than those for which originally appropriated and in no
    case where the item for which funds are requested has been denied by the
    Congress: <>   Provided further, That the Secretary
    of Defense shall notify the Congress promptly of all transfers made
    pursuant to this authority or any other authority in this Act:  Provided
    further, That <>  no part of the funds in
    this Act shall be available to prepare or present a request to the
    Committees on Appropriations of the House of Representatives and the
    Senate for reprogramming of funds, unless for higher priority items,
    based on unforeseen military requirements, than those for which
    originally appropriated and in no case where the item for which
    reprogramming is requested has been denied by the Congress:  Provided
    further, That <>  a request for
    multiple reprogrammings of funds using authority provided in this
    section shall be made prior to June 30, 2021:  Provided further, That
    transfers among military personnel appropriations shall not be taken
    into account for purposes of the limitation on the amount of funds that
    may be transferred under this section.

    Sec. 8006. (a) With regard to the list of specific programs,
    projects, and activities (and the dollar amounts and adjustments to
    budget activities corresponding to such programs, projects, and
    activities) contained in the tables titled Explanation of Project Level
    Adjustments in the explanatory statement regarding this Act and the
    tables contained in the classified annex accompanying this Act, the
    obligation and expenditure of amounts appropriated or otherwise made
    available in this Act for those programs, projects, and activities for
    which the amounts appropriated exceed the amounts requested are hereby
    required by law to be carried out in the manner provided by such tables
    to the same extent as if the tables were included in the text of this
    Act.
    (b) Amounts specified in the referenced tables described in
    subsection (a) shall not be treated as subdivisions of appropriations
    for purposes of section 8005 of this Act: <>
    Provided, That section 8005 shall apply when transfers of the amounts
    described in subsection (a) occur between appropriation accounts.

    Sec. 8007. (a) <>  Not later than 60 days after
    enactment of this Act, the Department of Defense shall submit a report
    to the congressional defense committees to establish the baseline for
    application of reprogramming and transfer authorities for fiscal year
    2021:  Provided, That the report shall include--
    (1) a table for each appropriation with a separate column to
    display the President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level;

    [[Page 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) <>  Notwithstanding section 8005 of this
    Act, none of the funds provided in this Act shall be available for
    reprogramming or transfer until the report identified in subsection (a)
    is submitted to the congressional defense committees, unless the
    Secretary of Defense certifies in writing to the congressional defense
    committees that such reprogramming or transfer is necessary as an
    emergency requirement:  Provided, That this subsection shall not apply
    to transfers from the following appropriations accounts:
    (1) ``Environmental Restoration, Army'';
    (2) ``Environmental Restoration, Navy'';
    (3) ``Environmental Restoration, Air Force'';
    (4) ``Environmental Restoration, Defense-Wide'';
    (5) ``Environmental Restoration, Formerly Used Defense
    Sites''; and
    (6) ``Drug Interdiction and Counter-drug Activities,
    Defense''.

    (transfer of funds)

    Sec. 8008.  During the current fiscal year, cash balances in working
    capital funds of the Department of Defense established pursuant to
    section 2208 of title 10, United States Code, may be maintained in only
    such amounts as are necessary at any time for cash disbursements to be
    made from such funds:  Provided, That transfers may be made between such
    funds:  Provided further, That
    transfers <>  may be made
    between working capital funds and the ``Foreign Currency Fluctuations,
    Defense'' appropriation and the ``Operation and Maintenance''
    appropriation accounts in such amounts as may be determined by the
    Secretary of Defense, with the approval of the Office of Management and
    Budget, except that such transfers may not be made unless the Secretary
    of Defense has notified the Congress of the proposed transfer:  Provided
    further, That except <>  in amounts equal to the
    amounts appropriated to working capital funds in this Act, no
    obligations may be made against a working capital fund to procure or
    increase the value of war reserve material inventory, unless the
    Secretary of Defense has notified the Congress prior to any such
    obligation.

    Sec. 8009.  Funds <>  appropriated by
    this Act may not be used to initiate a special access program without
    prior notification 30 calendar days in advance to the congressional
    defense committees.

    Sec. 8010.  None <>  of the funds provided in this Act shall be available to
    initiate: (1) a multiyear contract that employs economic order quantity
    procurement in excess of $20,000,000 in any one year of the contract or
    that includes an unfunded contingent liability in excess of $20,000,000;
    or (2) a contract for advance procurement leading to a multiyear
    contract that employs economic order quantity procurement in excess of
    $20,000,000 in any one year, unless the congressional defense committees
    have been notified at least 30 days in advance of the proposed contract
    award:  Provided, That no part of any appropriation contained in this
    Act shall be available to initiate a multiyear contract for which the
    economic order quantity advance procurement is not funded at

    [[Page 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: <>   Provided further, That
    the execution of multiyear authority shall require the use of a present
    value analysis to determine lowest cost compared to an annual
    procurement:  Provided further, That none of the funds provided in this
    Act may be used for a multiyear contract executed after the date of the
    enactment of this Act unless in the case of any such contract--
    (1) <>  the Secretary of Defense has
    submitted to Congress a budget request for full funding of units
    to be procured through the contract and, in the case of a
    contract for procurement of aircraft, that includes, for any
    aircraft unit to be procured through the contract for which
    procurement funds are requested in that budget request for
    production beyond advance procurement activities in the fiscal
    year covered by the budget, full funding of procurement of such
    unit in that fiscal year;
    (2) cancellation provisions in the contract do not include
    consideration of recurring manufacturing costs of the contractor
    associated with the production of unfunded units to be delivered
    under the contract;
    (3) the contract provides that payments to the contractor
    under the contract shall not be made in advance of incurred
    costs on funded units; and
    (4) the contract does not provide for a price adjustment
    based on a failure to award a follow-on contract.

    Sec. 8011.  Within <>
    the funds appropriated for the operation and maintenance of the Armed
    Forces, funds are hereby appropriated pursuant to section 401 of title
    10, United States Code, for humanitarian and civic assistance costs
    under chapter 20 of title 10, United States Code. <>
    Such funds may also be obligated for humanitarian and civic assistance
    costs incidental to authorized operations and pursuant to authority
    granted in section 401 of title 10, United States Code, and these
    obligations shall be reported as required by section 401(d) of title 10,
    United States Code:  Provided, That funds available for operation and
    maintenance shall be available for providing humanitarian and similar
    assistance by using Civic Action Teams in the Trust Territories of the
    Pacific Islands and freely associated states of Micronesia, pursuant to
    the Compact of Free Association as authorized by Public Law 99-239:
    Provided further, That <>  upon a
    determination by the Secretary of the Army that such action is
    beneficial for graduate medical education programs conducted at Army
    medical facilities located in Hawaii, the Secretary of the Army may
    authorize the provision of medical services at such facilities and
    transportation to such facilities, on a nonreimbursable basis, for
    civilian patients from American Samoa, the Commonwealth of the Northern
    Mariana Islands, the Marshall Islands, the Federated States of
    Micronesia, Palau, and Guam.

    Sec. 8012. (a) During the current fiscal year, the civilian
    personnel of the Department of Defense may not be managed solely on the
    basis of any constraint or limitation in terms of man years, end
    strength, full-time equivalent positions, or maximum number

    [[Page 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) <>  None of the funds
    appropriated by this Act may be used to reduce the civilian workforce
    programmed full time equivalent levels absent the appropriate analysis
    of the impacts of these reductions on workload, military force
    structure, lethality, readiness, operational effectiveness, stress on
    the military force, and fully burdened costs.

    (c) A projection of the number of full-time equivalent positions
    shall not be considered a constraint or limitation for purposes of
    subsection (a) and reducing funding for under-execution of such a
    projection shall not be considered managing based on a constraint or
    limitation for purposes of such subsection.
    (d) <>  The fiscal year 2022
    budget request for the Department of Defense, and any justification
    material and other documentation supporting such request, shall be
    prepared and submitted to Congress as if subsections (a) and (b) were
    effective with respect to such fiscal year.

    (e) Nothing in this section shall be construed to apply to military
    (civilian) technicians.
    Sec. 8013.  None <>  of the funds made available by
    this Act shall be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before the Congress.

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

    (transfer of funds)

    Sec. 8015. (a) Funds appropriated in title III of this Act for the
    Department of Defense Pilot Mentor-Protege Program may be transferred to
    any other appropriation contained in this Act solely for the purpose of
    implementing a Mentor-Protege Program developmental assistance agreement
    pursuant to section 831 of the National Defense Authorization Act for
    Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), as amended,
    under the authority of this provision or any other transfer authority
    contained in this Act.
    (b) The Secretary of Defense shall include with the budget
    justification documents in support of the budget for any fiscal year
    after fiscal year 2021 (as submitted to Congress pursuant to section
    1105 of title 31, United States Code) a description of

    [[Page 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 <>  of the funds
    in this Act may be available for the purchase by the Department of
    Defense (and its departments and agencies) of welded shipboard anchor
    and mooring chain 4 inches in diameter and under unless the anchor and
    mooring chain are manufactured in the United States from components
    which are substantially manufactured in the United States:  Provided,
    That for <>  the purpose of this section, the term
    ``manufactured'' shall include cutting, heat treating, quality control,
    testing of chain and welding (including the forging and shot blasting
    process):  Provided further, That for the purpose of this section
    substantially all of the components of anchor and mooring chain shall be
    considered to be produced or manufactured in the United States if the
    aggregate cost of the components produced or manufactured in the United
    States exceeds the aggregate cost of the components produced or
    manufactured outside the United States: <>   Provided further, That when adequate
    domestic supplies are not available to meet Department of Defense
    requirements on a timely basis, the Secretary of the Service responsible
    for the procurement may waive this restriction on a case-by-case basis
    by certifying in writing to the Committees on Appropriations of the
    House of Representatives and the Senate that such an acquisition must be
    made in order to acquire capability for national security purposes.

    Sec. 8017.  None of the funds available in this Act to the
    Department of Defense, other than appropriations made for necessary or
    routine refurbishments, upgrades or maintenance activities, shall be
    used to reduce or to prepare to reduce the number of deployed and non-
    deployed strategic delivery vehicles and launchers below the levels set
    forth in the report submitted to Congress in accordance with section
    1042 of the National Defense Authorization Act for Fiscal Year 2012.
    Sec. 8018.  None <>  of the
    funds appropriated by this Act shall be used for the support of any
    nonappropriated funds activity of the Department of Defense that
    procures malt beverages and wine with nonappropriated funds for resale
    (including such alcoholic beverages sold by the drink) on a military
    installation located in the United States unless such malt beverages and
    wine are procured within that State, or in the case of the District of
    Columbia, within the District of Columbia, in which the military
    installation is located:  Provided, That, in a case in which the
    military installation is located in more than one State, purchases may
    be made in any State in which the installation is located:  Provided
    further, That <>  such local procurement
    requirements for malt beverages and wine shall apply to all alcoholic
    beverages only for military installations in States which are not
    contiguous with another State:  Provided further, That alcoholic
    beverages other than wine and malt beverages, in contiguous States and
    the District of Columbia shall be procured from the most competitive
    source, price and other factors considered.

    Sec. 8019.  None <>  of
    the funds available to the Department of Defense may be used to
    demilitarize or dispose of M-1 Carbines, M-1 Garand rifles, M-14 rifles,
    .22 caliber rifles, .30 caliber rifles, or M-1911 pistols, or to
    demilitarize or destroy small arms ammunition or ammunition components
    that are not otherwise prohibited from commercial sale under Federal
    law, unless the small arms

    [[Page 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: <>   Provided, That the
    Secretary of Defense may waive this restriction on a case-by-case basis
    by certifying in writing to the congressional defense committees that
    such a relocation is required in the best interest of the Government.

    Sec. 8021.  In <>  addition to the funds provided
    else-where in this Act, $25,000,000 is appropriated only for incentive
    payments authorized by section 504 of the Indian Financing Act of 1974
    (25 U.S.C. 1544):  Provided, That a prime contractor or a subcontractor
    at any tier that makes a subcontract award to any subcontractor or
    supplier as defined in section 1544 of title 25, United States Code, or
    a small business owned and controlled by an individual or individuals
    defined under section 4221(9) of title 25, United States Code, shall be
    considered a contractor for the purposes of being allowed additional
    compensation under section 504 of the Indian Financing Act of 1974 (25
    U.S.C. 1544) whenever the prime contract or subcontract amount is over
    $500,000 and involves the expenditure of funds appropriated by an Act
    making appropriations for the Department of Defense with respect to any
    fiscal year: <>   Provided further, That
    notwithstanding section 1906 of title 41, United States Code, this
    section shall be applicable to any Department of Defense acquisition of
    supplies or services, including any contract and any subcontract at any
    tier for acquisition of commercial items produced or manufactured, in
    whole or in part, by any subcontractor or supplier defined in section
    1544 of title 25, United States Code, or a small business owned and
    controlled by an individual or individuals defined under section 4221(9)
    of title 25, United States Code.

    Sec. 8022.  Funds appropriated by this Act for the Defense Media
    Activity shall not be used for any national or international political
    or psychological activities.
    Sec. 8023.  During <>  the current fiscal year, the
    Department of Defense is authorized to incur obligations of not to
    exceed $350,000,000 for purposes specified in section 2350j(c) of title
    10, United States Code, in anticipation of receipt of contributions,
    only from the Government of Kuwait, under that section:  Provided, That,
    upon receipt, such contributions from the Government of Kuwait shall be
    credited to the appropriations or fund which incurred such obligations.

    Sec. 8024.  The <>  Secretary of
    Defense shall notify the congressional defense committees in writing not
    more than 30 days after the receipt of any contribution of funds
    received from the government of a foreign country for any purpose
    relating to the stationing or operations of the United States Armed
    Forces:  Provided, That such notification shall include the amount of
    the contribution; the purpose for which such contribution was made; and
    the authority under which such contribution was accepted by the
    Secretary of Defense:  Provided further, That not fewer than 15 days
    prior to obligating such funds, the Secretary of Defense shall submit to
    the congressional defense committees in writing a notification of

    [[Page 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) <>  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 1310]]

    Sec. 8027.  None <>  of the funds appropriated or
    made available in this Act shall be used to procure carbon, alloy, or
    armor steel plate for use in any Government-owned facility or property
    under the control of the Department of Defense which were not melted and
    rolled in the United States or Canada: <>
    Provided, That these procurement restrictions shall apply to any and all
    Federal Supply Class 9515, American Society of Testing and Materials
    (ASTM) or American Iron and Steel Institute (AISI) specifications of
    carbon, alloy or armor steel plate: <>   Provided further, That the Secretary of
    the military department responsible for the procurement may waive this
    restriction on a case-by-case basis by certifying in writing to the
    Committees on Appropriations of the House of Representatives and the
    Senate that adequate domestic supplies are not available to meet
    Department of Defense requirements on a timely basis and that such an
    acquisition must be made in order to acquire capability for national
    security purposes:  Provided further, That these restrictions shall not
    apply to contracts which are in being as of the date of the enactment of
    this Act.

    Sec. 8028.  For <>  the
    purposes of this Act, the term ``congressional defense committees''
    means the Armed Services Committee of the House of Representatives, the
    Armed Services Committee of the Senate, the Subcommittee on Defense of
    the Committee on Appropriations of the Senate, and the Subcommittee on
    Defense of the Committee on Appropriations of the House of
    Representatives.

    Sec. 8029.  During the current fiscal year, the Department of
    Defense may acquire the modification, depot maintenance and repair of
    aircraft, vehicles and vessels as well as the production of components
    and other Defense-related articles, through competition between
    Department of Defense depot maintenance activities and private
    firms: <>   Provided, That the Senior Acquisition
    Executive of the military department or Defense Agency concerned, with
    power of delegation, shall certify that successful bids include
    comparable estimates of all direct and indirect costs for both public
    and private bids:  Provided further, That Office of Management and
    Budget Circular A-76 shall not apply to competitions conducted under
    this section.

    Sec. 8030.
    (a)(1) <>  If the Secretary of Defense, after consultation with
    the United States Trade Representative, determines that a foreign
    country which is party to an agreement described in paragraph (2) has
    violated the terms of the agreement by discriminating against certain
    types of products produced in the United States that are covered by the
    agreement, the Secretary of Defense shall rescind the Secretary's
    blanket waiver of the Buy American Act with respect to such types of
    products produced in that foreign country.
    (2) <>  An agreement referred to in
    paragraph (1) is any reciprocal defense procurement memorandum
    of understanding, between the United States and a foreign
    country pursuant to which the Secretary of Defense has
    prospectively waived the Buy American Act for certain products
    in that country.

    (b) <>  The Secretary of Defense shall submit to the
    Congress a report on the amount of Department of Defense purchases from
    foreign entities in fiscal year 2021. Such report shall separately
    indicate the dollar value of items for which the Buy American Act was
    waived pursuant to any agreement described in subsection (a)(2), the
    Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),

    [[Page 1311]]

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

    (c) <>  For purposes of this section, the term
    ``Buy American Act'' means chapter 83 of title 41, United States Code.

    Sec. 8031.  During the current fiscal year, amounts contained in the
    Department of Defense Overseas Military Facility Investment Recovery
    Account shall be available until expended for the payments specified by
    section 2687a(b)(2) of title 10, United States Code.
    Sec. 8032. (a) <>
    Notwithstanding any other provision of law, the Secretary of the Air
    Force may convey at no cost to the Air Force, without consideration, to
    Indian tribes located in the States of Nevada, Idaho, North Dakota,
    South Dakota, Montana, Oregon, Minnesota, and Washington relocatable
    military housing units located at Grand Forks Air Force Base, Malmstrom
    Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base,
    and Minot Air Force Base that are excess to the needs of the Air Force.

    (b) The Secretary of the Air Force shall convey, at no cost to the
    Air Force, military housing units under subsection (a) in accordance
    with the request for such units that are submitted to the Secretary by
    the Operation Walking Shield Program on behalf of Indian tribes located
    in the States of Nevada, Idaho, North Dakota, South Dakota, Montana,
    Oregon, Minnesota, and Washington. Any <>  such
    conveyance shall be subject to the condition that the housing units
    shall be removed within a reasonable period of time, as determined by
    the Secretary.

    (c) The Operation Walking Shield Program shall resolve any conflicts
    among requests of Indian tribes for housing units under subsection (a)
    before submitting requests to the Secretary of the Air Force under
    subsection (b).
    (d) <>  In this section, the term ``Indian
    tribe'' means any recognized Indian tribe included on the current list
    published by the Secretary of the Interior under section 104 of the
    Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
    Stat. 4792; 25 U.S.C. 5131).

    Sec. 8033.  During the current fiscal year, appropriations which are
    available to the Department of Defense for operation and maintenance may
    be used to purchase items having an investment item unit cost of not
    more than $250,000.

    (including transfer of funds)

    Sec. 8034.  Subject to section 8005 of this Act, the Secretary of
    Defense may transfer funds appropriated in fiscal year 2021 for
    ``Shipbuilding and Conversion, Navy: LPD Flight II-LPD 31'' to
    ``Shipbuilding and Conversion, Navy: LPD 32 (AP)'', and ``Shipbuilding
    and Conversion, Navy: LPD 33 (AP)'' for fiscal year 2021 advance
    procurement authorized by section 124(c) of the National Defense
    Authorization Act for Fiscal Year 2021:  Provided, That the transfer
    authority provided under this provision is in addition to any other
    transfer authority contained in this Act.
    Sec. 8035.  Up to $14,000,000 of the funds appropriated under the
    heading ``Operation and Maintenance, Navy'' may be made available for
    the Asia Pacific Regional Initiative Program for the purpose of enabling
    the United States Indo-Pacific Command to execute Theater Security
    Cooperation activities such as humanitarian assistance, and payment of
    incremental and personnel costs

    [[Page 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 <>  Secretary of Defense shall issue
    regulations to prohibit the sale of any tobacco or tobacco-related
    products in military resale outlets in the United States, its
    territories and possessions at a price below the most competitive price
    in the local community:  Provided, That such regulations shall direct
    that the prices of tobacco or tobacco-related products in overseas
    military retail outlets shall be within the range of prices established
    for military retail system stores located in the United States.

    Sec. 8037. (a) During the current fiscal year, none of the
    appropriations or funds available to the Department of Defense Working
    Capital Funds shall be used for the purchase of an investment item for
    the purpose of acquiring a new inventory item for sale or anticipated
    sale during the current fiscal year or a subsequent fiscal year to
    customers of the Department of Defense Working Capital Funds if such an
    item would not have been chargeable to the Department of Defense
    Business Operations Fund during fiscal year 1994 and if the purchase of
    such an investment item would be chargeable during the current fiscal
    year to appropriations made to the Department of Defense for
    procurement.
    (b) <>  The fiscal year 2022 budget request
    for the Department of Defense as well as all justification material and
    other documentation supporting the fiscal year 2022 Department of
    Defense budget shall be prepared and submitted to the Congress on the
    basis that any equipment which was classified as an end item and funded
    in a procurement appropriation contained in this Act shall be budgeted
    for in a proposed fiscal year 2022 procurement appropriation and not in
    the supply management business area or any other area or category of the
    Department of Defense Working Capital Funds.

    Sec. 8038.  None <>  of the funds
    appropriated by this Act for programs of the Central Intelligence Agency
    shall remain available for obligation beyond the current fiscal year,
    except for funds appropriated for the Reserve for Contingencies, which
    shall remain available until September 30, 2022:  Provided, That funds
    appropriated, transferred, or otherwise credited to the Central
    Intelligence Agency Central Services Working Capital Fund during this or
    any prior or subsequent fiscal year shall remain available until
    expended:  Provided further, That any funds appropriated or transferred
    to the Central Intelligence Agency for advanced research and development
    acquisition, for agent operations, and for covert action programs
    authorized by the President under section 503 of the National Security
    Act of 1947 (50 U.S.C. 3093) shall remain available until September 30,
    2022:  Provided further, That any funds appropriated or transferred to
    the Central Intelligence Agency for the construction, improvement, or
    alteration of facilities, including leased facilities, to be used
    primarily by personnel of the intelligence community shall remain
    available until September 30, 2023.

    Sec. 8039.  Of the funds appropriated to the Department of Defense
    under the heading ``Operation and Maintenance, Defense-Wide'', not less
    than $12,000,000 shall be made available only

    [[Page 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) <>  None of the funds appropriated
    in this Act may be expended by an entity of the Department of Defense
    unless the entity, in expending the funds, complies with the Buy
    American Act. For <>  purposes of this subsection,
    the term ``Buy American Act'' means chapter 83 of title 41, United
    States Code.

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

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

    (b) <>  The
    Secretary of Defense or Secretary of a military department may waive the
    limitations in subsection (a), on a case-by-case basis, if the Secretary
    determines, and certifies to the Committees on Appropriations of the
    House of Representatives and the Senate that the granting of the waiver
    will reduce the personnel requirements or the financial requirements of
    the department.

    (c) This section does not apply to--
    (1) field operating agencies funded within the National
    Intelligence Program;
    (2) <>  an Army field operating agency
    established to eliminate, mitigate, or counter the effects of
    improvised explosive devices, and, as determined by the
    Secretary of the Army, other similar threats;
    (3) an Army field operating agency established to improve
    the effectiveness and efficiencies of biometric activities and
    to integrate common biometric technologies throughout the
    Department of Defense; or
    (4) an Air Force field operating agency established to
    administer the Air Force Mortuary Affairs Program and Mortuary
    Operations for the Department of Defense and authorized Federal
    entities.

    Sec. 8042. (a) <>  None of the
    funds appropriated by this Act shall be available to convert to
    contractor performance an activity or function of the Department of
    Defense that, on or after the

    [[Page 1314]]

    date of the enactment of this Act, is performed by Department of Defense
    civilian employees unless--
    (1) <>  the conversion is based on the result
    of a public-private competition that includes a most efficient
    and cost effective organization plan developed by such activity
    or function;
    (2) <>  the Competitive Sourcing
    Official determines that, over all performance periods stated in
    the solicitation of offers for performance of the activity or
    function, the cost of performance of the activity or function by
    a contractor would be less costly to the Department of Defense
    by an amount that equals or exceeds the lesser of--
    (A) 10 percent of the most efficient organization's
    personnel-related costs for performance of that activity
    or function by Federal employees; or
    (B) $10,000,000; and
    (3) the contractor does not receive an advantage for a
    proposal that would reduce costs for the Department of Defense
    by--
    (A) not making an employer-sponsored health
    insurance plan available to the workers who are to be
    employed in the performance of that activity or function
    under the contract; or
    (B) offering to such workers an employer-sponsored
    health benefits plan that requires the employer to
    contribute less towards the premium or subscription
    share than the amount that is paid by the Department of
    Defense for health benefits for civilian employees under
    chapter 89 of title 5, United States Code.

    (b)(1) The Department of Defense, without regard to subsection (a)
    of this section or subsection (a), (b), or (c) of section 2461 of title
    10, United States Code, and notwithstanding any administrative
    regulation, requirement, or policy to the contrary shall have full
    authority to enter into a contract for the performance of any commercial
    or industrial type function of the Department of Defense that--
    (A) is included on the procurement list established
    pursuant to section 2 of the Javits-Wagner-O'Day Act
    (section 8503 of title 41, United States Code);
    (B) is planned to be converted to performance by a
    qualified nonprofit agency for the blind or by a
    qualified nonprofit agency for other severely
    handicapped individuals in accordance with that Act; or
    (C) is planned to be converted to performance by a
    qualified firm under at least 51 percent ownership by an
    Indian tribe, as defined in section 4(e) of the Indian
    Self-Determination and Education Assistance Act (25
    U.S.C. 450b(e)), or a Native Hawaiian Organization, as
    defined in section 8(a)(15) of the Small Business Act
    (15 U.S.C. 637(a)(15)).
    (2) This section shall not apply to depot contracts or
    contracts for depot maintenance as provided in sections 2469 and
    2474 of title 10, United States Code.

    (c) The conversion of any activity or function of the Department of
    Defense under the authority provided by this section shall be credited
    toward any competitive or outsourcing goal, target, or measurement that
    may be established by statute, regulation, or policy and is deemed to be
    awarded under the authority of, and

    [[Page 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 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 <>  of the funds appropriated
    or otherwise made available in this Act may be obligated or expended for
    assistance to the Democratic People's Republic of Korea unless
    specifically appropriated for that purpose: <>   Provided, That this restriction shall not apply to any
    activities incidental to the Defense POW/MIA Accounting Agency mission
    to recover and identify the remains of United States Armed Forces
    personnel from the Democratic People's Republic of Korea.

    Sec. 8046.  Funds <>  appropriated in this Act for operation and maintenance of
    the Military Departments, Combatant Commands and Defense Agencies shall
    be available for reimbursement of pay, allowances and other expenses
    which would otherwise be incurred against appropriations for the
    National Guard and Reserve when members of the National Guard and
    Reserve provide intelligence or counterintelligence support to Combatant
    Commands, Defense Agencies and Joint Intelligence Activities, including
    the activities and programs included within the National Intelligence
    Program and the Military Intelligence Program:  Provided, That nothing
    in this section authorizes deviation from established Reserve and
    National Guard personnel and training procedures.

    Sec. 8047. (a) <>
    None of the funds available to the Department of Defense for any fiscal
    year for drug interdiction or counter-drug activities may be transferred
    to any other department or agency of the United States except as
    specifically provided in an appropriations law.

    (b) <>  None of the funds available to the
    Central Intelligence Agency for any fiscal year for drug interdiction or
    counter-drug activities may be transferred to any other department or
    agency of the United States except as specifically provided in an
    appropriations law.

    Sec. 8048.  None <>  of the funds
    appropriated by this Act may be used for the procurement of ball and
    roller bearings other than those produced by a domestic source and of
    domestic origin:  Provided, That <>  the Secretary of the military department
    responsible for such procurement may waive this restriction on a case-
    by-case basis by certifying in writing to the Committees on
    Appropriations of the House of Representatives and the Senate, that
    adequate domestic supplies are not available to meet Department of
    Defense requirements on a timely basis and that such an acquisition must
    be made in order to acquire capability for national security purposes:
    Provided further, That this restriction shall not apply to the purchase
    of ``commercial items'', as defined by section 103 of title 41, United
    States Code, except that the restriction shall apply to ball or roller
    bearings purchased as end items.

    Sec. 8049.  Of the amounts appropriated for ``Working Capital Fund,
    Army'', $125,000,000 shall be available to maintain competitive rates at
    the arsenals.
    Sec. 8050.  In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act, $49,000,000 is hereby appropriated
    to the Department of Defense: <>
    Provided, That upon the determination of the Secretary of Defense that
    it shall serve the national interest, the Secretary shall make grants in
    the amounts

    [[Page 1317]]

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

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

    Sec. 8052.  Notwithstanding any other provision in this Act, the
    Small Business Innovation Research program and the Small Business
    Technology Transfer program set-asides shall be taken proportionally
    from all programs, projects, or activities to the extent they contribute
    to the extramural budget. <>  The Secretary of each
    military department, the Director of each Defense Agency, and the head
    of each other relevant component of the Department of Defense shall
    submit to the congressional defense committees, concurrent with
    submission of the budget justification documents to Congress pursuant to
    section 1105 of title 31, United States Code, a report with a detailed
    accounting of the Small Business Innovation Research program and the
    Small Business Technology Transfer program set-asides taken from
    programs, projects, or activities within such department, agency, or
    component during the most recently completed fiscal year.

    Sec. 8053.  None <>  of the funds available to the
    Department of Defense under this Act shall be obligated or expended to
    pay a contractor under a contract with the Department of Defense for
    costs of any amount paid by the contractor to an employee when--
    (1) such costs are for a bonus or otherwise in excess of the
    normal salary paid by the contractor to the employee; and
    (2) such bonus is part of restructuring costs associated
    with a business combination.

    (including transfer of funds)

    Sec. 8054.  During the current fiscal year, no more than $30,000,000
    of appropriations made in this Act under the heading ``Operation and
    Maintenance, Defense-Wide'' may be transferred to appropriations
    available for the pay of military personnel, to be merged with, and to
    be available for the same time period as the appropriations to which
    transferred, to be used in support of such personnel in connection with
    support and services for eligible organizations and activities outside
    the Department of Defense pursuant to section 2012 of title 10, United
    States Code.
    Sec. 8055.  During the current fiscal year, in the case of an
    appropriation account of the Department of Defense for which the period
    of availability for obligation has expired or which has closed under the
    provisions of section 1552 of title 31, United States Code, and which
    has a negative unliquidated or unexpended balance, an obligation or an
    adjustment of an obligation may be charged to any current appropriation
    account for the same purpose as the expired or closed account if--
    (1) the obligation would have been properly chargeable
    (except as to amount) to the expired or closed account before
    the end of the period of availability or closing of that
    account;

    [[Page 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 <>  the Under
    Secretary of Defense (Comptroller) shall include with the budget of the
    President for fiscal year 2022 (as submitted to Congress pursuant to
    section 1105 of title 31, United States Code) a statement describing
    each instance if any, during each of the fiscal years 2016 through 2021
    in which the authority in this section was exercised.

    Sec. 8056. (a) <>  Notwithstanding any other
    provision of law, the Chief of the National Guard Bureau may permit the
    use of equipment of the National Guard Distance Learning Project by any
    person or entity on a space-available, reimbursable basis. The Chief of
    the National Guard Bureau shall establish the amount of reimbursement
    for such use on a case-by-case basis.

    (b) Amounts collected under subsection (a) shall be credited to
    funds available for the National Guard Distance Learning Project and be
    available to defray the costs associated with the use of equipment of
    the project under that subsection. Such funds shall be available for
    such purposes without fiscal year limitation.

    (including transfer of funds)

    Sec. 8057.  Of the funds appropriated in this Act under the heading
    ``Operation and Maintenance, Defense-Wide'', $46,000,000 shall be for
    continued implementation and expansion of the Sexual Assault Special
    Victims' Counsel Program:  Provided, That the funds are made available
    for transfer to the Department of the Army, the Department of the Navy,
    and the Department of the Air Force:  Provided further, That funds
    transferred shall be merged with and available for the same purposes and
    for the same time period as the appropriations to which the funds are
    transferred:  Provided further, That this transfer authority is in
    addition to any other transfer authority provided in this Act.
    Sec. 8058.  None of the funds appropriated in title IV of this Act
    may be used to procure end-items for delivery to military forces for
    operational training, operational use or inventory requirements:
    Provided, That this restriction does not apply to end-items used in
    development, prototyping, and test activities preceding and leading to
    acceptance for operational use:  Provided further, That this restriction
    does not apply to programs funded within the National Intelligence
    Program: <>   Provided further, That the Secretary of
    Defense shall, at the time of the submittal to Congress of the budget of
    the President for fiscal year 2022 pursuant to section

    [[Page 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 <>  report shall set forth, for each end-item covered
    by the preceding proviso, a detailed list of the statutory authorities
    under which amounts in the accounts described in that proviso were used
    for such item: <>   Provided further,
    That the Secretary of Defense shall, at the time of the submittal to
    Congress of the budget of the President for fiscal year 2022 pursuant to
    section 1105 of title 31, United States Code, submit to the
    congressional defense committees a certification that funds requested
    for fiscal year 2022 in research, development, test and evaluation are
    in compliance with this section: <>   Provided further, That the Secretary of
    Defense may waive this restriction on a case-by-case basis by certifying
    in writing to the Committees on Appropriations of the House of
    Representatives and the Senate that it is in the national security
    interest to do so.

    Sec. 8059. (a) <>  The
    Secretary of Defense may, on a case-by-case basis, waive with respect to
    a foreign country each limitation on the procurement of defense items
    from foreign sources provided in law if the Secretary determines that
    the application of the limitation with respect to that country would
    invalidate cooperative programs entered into between the Department of
    Defense and the foreign country, or would invalidate reciprocal trade
    agreements for the procurement of defense items entered into under
    section 2531 of title 10, United States Code, and the country does not
    discriminate against the same or similar defense items produced in the
    United States for that country.

    (b) <>  Subsection (a) applies with
    respect to--
    (1) contracts and subcontracts entered into on or after the
    date of the enactment of this Act; and
    (2) options for the procurement of items that are exercised
    after such date under contracts that are entered into before
    such date if the option prices are adjusted for any reason other
    than the application of a waiver granted under subsection (a).

    (c) Subsection (a) does not apply to a limitation regarding
    construction of public vessels, ball and roller bearings, food, and
    clothing or textile materials as defined by section XI (chapters 50-65)
    of the Harmonized Tariff Schedule of the United States and products
    classified under headings 4010, 4202, 4203, 6401 through 6406, 6505,
    7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
    7508, 8105, 8108, 8109, 8211, 8215, and 9404.
    Sec. 8060.  None of the funds appropriated or otherwise made
    available by this or other Department of Defense Appropriations Acts may
    be obligated or expended for the purpose of performing repairs or
    maintenance to military family housing units of the Department of
    Defense, including areas in such military family housing units that may
    be used for the purpose of conducting official Department of Defense
    business.
    Sec. 8061.  Notwithstanding <>  any other provision of
    law, funds appropriated in this Act under the heading ``Research,
    Development, Test and Evaluation, Defense-Wide'' for any new start
    advanced

    [[Page 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 <>  the Secretary of
    Defense may waive this restriction on a case-by-case basis by certifying
    to the congressional defense committees that it is in the national
    interest to do so.

    Sec. 8062.  The <>
    Secretary of Defense shall continue to provide a classified quarterly
    report to the Committees on Appropriations of the House of
    Representatives and the Senate, Subcommittees on Defense on certain
    matters as directed in the classified annex accompanying this Act.

    Sec. 8063.  Notwithstanding section 12310(b) of title 10, United
    States Code, a Reserve who is a member of the National Guard serving on
    full-time National Guard duty under section 502(f) of title 32, United
    States Code, may perform duties in support of the ground-based elements
    of the National Ballistic Missile Defense System.
    Sec. 8064.  None <>  of the funds
    provided in this Act may be used to transfer to any nongovernmental
    entity ammunition held by the Department of Defense that has a center-
    fire cartridge and a United States military nomenclature designation of
    ``armor penetrator'', ``armor piercing (AP)'', ``armor piercing
    incendiary (API)'', or ``armor-piercing incendiary tracer (API-T)'',
    except to an entity performing demilitarization services for the
    Department of Defense under a contract that requires the entity to
    demonstrate to the satisfaction of the Department of Defense that armor
    piercing projectiles are either: (1) rendered incapable of reuse by the
    demilitarization process; or (2) used to manufacture ammunition pursuant
    to a contract with the Department of Defense or the manufacture of
    ammunition for export pursuant to a License for Permanent Export of
    Unclassified Military Articles issued by the Department of State.

    Sec. 8065.  Notwithstanding <>  any other provision of law, the Chief of the National Guard
    Bureau, or his designee, may waive payment of all or part of the
    consideration that otherwise would be required under section 2667 of
    title 10, United States Code, in the case of a lease of personal
    property for a period not in excess of 1 year to any organization
    specified in section 508(d) of title 32, United States Code, or any
    other youth, social, or fraternal nonprofit organization as may be
    approved by the Chief of the National Guard Bureau, or his designee, on
    a case-by-case basis.

    (including transfer of funds)

    Sec. 8066.  Of <>  the amounts
    appropriated in this Act under the heading ``Operation and Maintenance,
    Army'', $133,724,000 shall remain available until expended:  Provided,
    That, notwithstanding any other provision of law, the Secretary of
    Defense is authorized to transfer such funds to other activities of the
    Federal Government:  Provided further, That the Secretary of Defense is
    authorized to enter into and carry out contracts for the acquisition of
    real property, construction, personal services, and operations related
    to projects carrying out the purposes of this section:  Provided
    further, That contracts entered into under the authority of this

    [[Page 1321]]

    section may provide for such indemnification as the Secretary determines
    to be necessary: <>   Provided further, That projects
    authorized by this section shall comply with applicable Federal, State,
    and local law to the maximum extent consistent with the national
    security, as determined by the Secretary of Defense.

    Sec. 8067. (a) None of the funds appropriated in this or any other
    Act may be used to take any action to modify--
    (1) the appropriations account structure for the National
    Intelligence Program budget, including through the creation of a
    new appropriation or new appropriation account;
    (2) how the National Intelligence Program budget request is
    presented in the unclassified P-1, R-1, and O-1 documents
    supporting the Department of Defense budget request;
    (3) the process by which the National Intelligence Program
    appropriations are apportioned to the executing agencies; or
    (4) the process by which the National Intelligence Program
    appropriations are allotted, obligated and disbursed.

    (b) Nothing in subsection (a) shall be construed to prohibit the
    merger of programs or changes to the National Intelligence Program
    budget at or below the Expenditure Center level, provided such change is
    otherwise in accordance with paragraphs (a)(1)-(3).
    (c) <>  The Director of National
    Intelligence and the Secretary of Defense may jointly, only for the
    purposes of achieving auditable financial statements and improving
    fiscal reporting, study and develop detailed proposals for alternative
    financial management processes. Such <>  study
    shall include a comprehensive counterintelligence risk assessment to
    ensure that none of the alternative processes will adversely affect
    counterintelligence.

    (d) Upon development of the detailed proposals defined under
    subsection (c), the Director of National Intelligence and the Secretary
    of Defense shall--
    (1) provide the proposed alternatives to all affected
    agencies;
    (2) <>  receive certification from
    all affected agencies attesting that the proposed alternatives
    will help achieve auditability, improve fiscal reporting, and
    will not adversely affect counterintelligence; and
    (3) <>  not later than 30 days after
    receiving all necessary certifications under paragraph (2),
    present the proposed alternatives and certifications to the
    congressional defense and intelligence committees.

    Sec. 8068.  In addition to amounts provided elsewhere in this Act,
    $10,000,000 is hereby appropriated to the Department of Defense, to
    remain available for obligation until expended:  Provided, That
    notwithstanding <>  any other provision of law, that upon the determination of the
    Secretary of Defense that it shall serve the national interest, these
    funds shall be available only for a grant to the Fisher House
    Foundation, Inc., only for the construction and furnishing of additional
    Fisher Houses to meet the needs of military family members when
    confronted with the illness or hospitalization of an eligible military
    beneficiary.

    (including transfer of funds)

    Sec. 8069.  Of the amounts appropriated for ``Operation and
    Maintenance, Navy'', up to $1,000,000 shall be available for transfer

    [[Page 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 <>  of the funds available to
    the Department of Defense may be obligated to modify command and control
    relationships to give Fleet Forces Command operational and
    administrative control of United States Navy forces assigned to the
    Pacific fleet:  Provided, That <>  the command and
    control relationships which existed on October 1, 2004, shall remain in
    force until a written modification has been proposed to the Committees
    on Appropriations of the House of Representatives and the Senate:
    Provided further, That <>  the
    proposed modification may be implemented 30 days after the notification
    unless an objection is received from either the House or Senate
    Appropriations Committees:  Provided further, That any proposed
    modification shall not preclude the ability of the commander of United
    States Indo-Pacific Command to meet operational requirements.

    Sec. 8071.  Any <>  notice that is
    required to be submitted to the Committees on Appropriations of the
    House of Representatives and the Senate under section 806(c)(4) of the
    Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10
    U.S.C. 2302 note) after the date of the enactment of this Act shall be
    submitted pursuant to that requirement concurrently to the Subcommittees
    on Defense of the Committees on Appropriations of the House of
    Representatives and the Senate.

    (including transfer of funds)

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

    [[Page 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 <>  of the funds provided in
    this Act shall be available for obligation or expenditure through a
    reprogramming of funds that creates or initiates a new program, project,
    or activity unless such program, project, or activity must be undertaken
    immediately in the interest of national security and only after written
    prior notification to the congressional defense committees.

    Sec. 8076.  The <>
    budget of the President for fiscal year 2022 submitted to the Congress
    pursuant to section 1105 of title 31, United States Code, shall include
    separate budget justification documents for costs of United States Armed
    Forces' participation in contingency operations for the Military
    Personnel accounts, the Operation and Maintenance accounts, the
    Procurement accounts, and the Research, Development, Test and Evaluation
    accounts:  Provided, That these documents shall include a description of
    the funding requested for each contingency operation, for each military
    service, to include all Active and Reserve components, and for each
    appropriations account: <>   Provided further,
    That these documents shall include estimated costs for each element of
    expense or object class, a reconciliation of increases and decreases for
    each contingency operation, and programmatic data including, but not
    limited to, troop strength for each Active and Reserve component, and
    estimates of the major weapons systems deployed in support of each
    contingency:  Provided further, That these documents shall

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

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

    Sec. 8079.  None <>  of
    the funds appropriated or made available in this Act shall be used to
    reduce or disestablish the operation of the 53rd Weather Reconnaissance
    Squadron of the Air Force Reserve, if such action would reduce the WC-
    130 Weather Reconnaissance mission below the levels funded in this Act:
    Provided, That the Air Force shall allow the 53rd Weather Reconnaissance
    Squadron to perform other missions in support of national defense
    requirements during the non-hurricane season.

    Sec. 8080.  None <>  of the funds
    provided in this Act shall be available for integration of foreign
    intelligence information unless the information has been lawfully
    collected and processed during the conduct of authorized foreign
    intelligence activities:  Provided, That information pertaining to
    United States persons shall only be handled in accordance with
    protections provided in the Fourth Amendment of the United States
    Constitution as implemented through Executive Order No. 12333.

    Sec. 8081. (a) <>  None of
    the funds appropriated by this Act may be used to transfer research and
    development, acquisition, or other program authority relating to current
    tactical unmanned aerial vehicles (TUAVs) from the Army.

    (b) The Army shall retain responsibility for and operational control
    of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
    support the Secretary of Defense in matters relating to the employment
    of unmanned aerial vehicles.
    Sec. 8082.  None of the funds appropriated by this Act for programs
    of the Office of the Director of National Intelligence shall remain
    available for obligation beyond the current fiscal year, except for
    funds appropriated for research and technology, which shall remain
    available until September 30, 2022.
    Sec. 8083.  For <>  purposes of section
    1553(b) of title 31, United States Code, any subdivision of
    appropriations made in this Act under the heading ``Shipbuilding and
    Conversion, Navy'' shall be considered to be for the same purpose as any
    subdivision under the heading ``Shipbuilding and Conversion, Navy''
    appropriations in any prior fiscal year, and the 1 percent limitation
    shall apply to the total amount of the appropriation.

    [[Page 1325]]

    Sec. 8084. (a) <>  Not later than 60 days after the
    date of enactment of this Act, the Director of National Intelligence
    shall submit a report to the congressional intelligence committees to
    establish the baseline for application of reprogramming and transfer
    authorities for fiscal year 2021:  Provided, That the report shall
    include--
    (1) a table for each appropriation with a separate column to
    display the President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level;
    (2) a delineation in the table for each appropriation by
    Expenditure Center and project; and
    (3) an identification of items of special congressional
    interest.

    (b) <>  None of the funds provided for the
    National Intelligence Program in this Act shall be available for
    reprogramming or transfer until the report identified in subsection (a)
    is submitted to the congressional intelligence committees, unless the
    Director of National Intelligence certifies in writing to the
    congressional intelligence committees that such reprogramming or
    transfer is necessary as an emergency requirement.

    Sec. 8085.  Notwithstanding any other provision of law, any transfer
    of funds, appropriated or otherwise made available by this Act, for
    support to friendly foreign countries in connection with the conduct of
    operations in which the United States is not participating, pursuant to
    section 331(d) of title 10, United States Code, shall be made in
    accordance with section 8005 or 9002 of this Act, as applicable.
    Sec. 8086.  Any transfer of amounts appropriated to the Department
    of Defense Acquisition Workforce Development Account in or for fiscal
    year 2021 to a military department or Defense Agency pursuant to section
    1705(e)(1) of title 10, United States Code, shall be covered by and
    subject to section 8005 or 9002 of this Act, as applicable.
    Sec. 8087.  None <>  of the funds made
    available by this Act for excess defense articles, assistance under
    section 333 of title 10, United States Code, or peacekeeping operations
    for the countries designated annually to be in violation of the
    standards of the Child Soldiers Prevention Act of 2008 (Public Law 110-
    457; 22 U.S.C. 2370c-1) may be used to support any military training or
    operation that includes child soldiers, as defined by the Child Soldiers
    Prevention Act of 2008, unless such assistance is otherwise permitted
    under section 404 of the Child Soldiers Prevention Act of 2008.

    Sec. 8088. (a) <>  None of the
    funds provided for the National Intelligence Program in this or any
    prior appropriations Act shall be available for obligation or
    expenditure through a reprogramming or transfer of funds in accordance
    with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
    3024(d)) that--
    (1) creates a new start effort;
    (2) terminates a program with appropriated funding of
    $10,000,000 or more;
    (3) transfers funding into or out of the National
    Intelligence Program; or
    (4) transfers funding between appropriations, unless the
    congressional intelligence committees are notified 30 days in
    advance of such reprogramming of funds; this notification

    [[Page 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 <>  this fiscal year and each fiscal year thereafter, funds
    appropriated under the heading ``Procurement, Space Force'' may be
    obligated for payment of satellite on-orbit incentives in the fiscal
    year in which an incentive payment is earned:  Provided, That
    any <>  obligation made pursuant to
    this section may not be entered into until 30 calendar days in session
    after the congressional defense committees have been notified that an
    on-orbit incentive payment has been earned.

    Sec. 8090.  For <>  the purposes of this Act, the
    term ``congressional intelligence committees'' means the Permanent
    Select Committee on Intelligence of the House of Representatives, the
    Select Committee on Intelligence of the Senate, the Subcommittee on
    Defense of the Committee on Appropriations of the House of
    Representatives, and the Subcommittee on Defense of the Committee on
    Appropriations of the Senate.

    (including transfer of funds)

    Sec. 8091.  During the current fiscal year, not to exceed
    $11,000,000 from each of the appropriations made in title II of this Act
    for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
    Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
    by the military department concerned to its central fund established for
    Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
    States Code.
    Sec. 8092.  None of the funds appropriated by this Act may be
    available for the purpose of making remittances to the Department of
    Defense Acquisition Workforce Development Account in accordance with
    section 1705 of title 10, United States Code.
    Sec. 8093. (a) <>  Any agency receiving funds made
    available in this Act, shall, subject to subsections (b) and (c), post
    on the public Web site of that agency any report required to be
    submitted by the Congress in this or any other Act, upon the
    determination by the head of the agency that it shall serve the national
    interest.

    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises national
    security; or
    (2) the report contains proprietary information.

    (c) <>  The head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 8094. (a) <>  None of the funds appropriated
    or otherwise made available by this Act may be expended for any Federal
    contract for an amount in excess of $1,000,000, unless the contractor
    agrees not to--

    [[Page 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) <>  None of the funds appropriated or
    otherwise made available by this Act may be expended for any Federal
    contract unless the contractor certifies that it requires each covered
    subcontractor to agree not to enter into, and not to take any action to
    enforce any provision of, any agreement as described in paragraphs (1)
    and (2) of subsection (a), with respect to any employee or independent
    contractor performing work related to such subcontract. For purposes of
    this subsection, a ``covered subcontractor'' is an entity that has a
    subcontract in excess of $1,000,000 on a contract subject to subsection
    (a).

    (c) The prohibitions in this section do not apply with respect to a
    contractor's or subcontractor's agreements with employees or independent
    contractors that may not be enforced in a court of the United States.
    (d) <>  The Secretary of
    Defense may waive the application of subsection (a) or (b) to a
    particular contractor or subcontractor for the purposes of a particular
    contract or subcontract if the Secretary or the Deputy Secretary
    personally determines that the waiver is necessary to avoid harm to
    national security interests of the United States, and that the term of
    the contract or subcontract is not longer than necessary to avoid such
    harm. The determination shall set forth with specificity the grounds for
    the waiver and for the contract or subcontract term selected, and shall
    state any alternatives considered in lieu of a waiver and the reasons
    each such alternative would not avoid harm to national security
    interests of the United States. <>  The Secretary of Defense shall transmit to
    Congress, and simultaneously make public, any determination under this
    subsection not less than 15 business days before the contract or
    subcontract addressed in the determination may be awarded.

    (including transfer of funds)

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

    [[Page 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: <>   Provided further, That additional
    funds may be transferred from funds appropriated for operation and
    maintenance for the Defense Health Program to the Joint Department of
    Defense-Department of Veterans Affairs Medical Facility Demonstration
    Fund upon written notification by the Secretary of Defense to the
    Committees on Appropriations of the House of Representatives and the
    Senate.

    Sec. 8096.  None of the funds appropriated or otherwise made
    available by this Act may be used by the Department of Defense or a
    component thereof in contravention of the provisions of section 130h of
    title 10, United States Code.
    Sec. 8097.  Appropriations available to the Department of Defense
    may be used for the purchase of heavy and light armored vehicles for the
    physical security of personnel or for force protection purposes up to a
    limit of $450,000 per vehicle, notwithstanding price or other
    limitations applicable to the purchase of passenger carrying vehicles.

    (including transfer of funds)

    Sec. 8098.  Upon <>  a determination by the
    Director of National Intelligence that such action is necessary and in
    the national interest, the Director may, with the approval of the Office
    of Management and Budget, transfer not to exceed $1,500,000,000 of the
    funds made available in this Act for the National Intelligence Program:
    Provided, That such authority to transfer may not be used unless for
    higher priority items, based on unforeseen intelligence requirements,
    than those for which originally appropriated and in no case where the
    item for which funds are requested has been denied by the
    Congress: <>   Provided
    further, That a request for multiple reprogrammings of funds using
    authority provided in this section shall be made prior to June 30, 2021.

    Sec. 8099.  None of the funds made available by this Act may be used
    in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
    Sec. 8100.  None <>
    of the funds appropriated or otherwise made available in this or any
    other Act may be used to transfer, release, or assist in the transfer or
    release to or within the United States, its territories, or possessions
    Khalid Sheikh Mohammed or any other detainee who--
    (1) is not a United States citizen or a member of the Armed
    Forces of the United States; and
    (2) is or was held on or after June 24, 2009, at United
    States Naval Station, Guantanamo Bay, Cuba, by the Department of
    Defense.

    Sec. 8101.  None <>  of the funds
    appropriated or otherwise made available in this Act may be used to
    transfer any individual detained at United States Naval Station
    Guantanamo Bay, Cuba, to the custody or control of the individual's
    country of origin, any other foreign country, or any other foreign
    entity except in accordance with section 1034 of the National Defense
    Authorization Act for Fiscal Year 2016 (Public Law 114-92) and section
    1035 of the

    [[Page 1329]]

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

    Sec. 8102. (a) <>  None of the funds
    appropriated or otherwise made available by this or any other Act may be
    used by the Secretary of Defense, or any other official or officer of
    the Department of Defense, to enter into a contract, memorandum of
    understanding, or cooperative agreement with, or make a grant to, or
    provide a loan or loan guarantee to Rosoboronexport or any subsidiary of
    Rosoboronexport.

    (b) <>
    The Secretary of Defense may waive the limitation in subsection (a) if
    the Secretary, in consultation with the Secretary of State and the
    Director of National Intelligence, determines that it is in the vital
    national security interest of the United States to do so, and certifies
    in writing to the congressional defense committees that--
    (1) <>  Rosoboronexport has ceased the
    transfer of lethal military equipment to, and the maintenance of
    existing lethal military equipment for, the Government of the
    Syrian Arab Republic;
    (2) the armed forces of the Russian Federation have
    withdrawn from Crimea, other than armed forces present on
    military bases subject to agreements in force between the
    Government of the Russian Federation and the Government of
    Ukraine; and
    (3) agents of the Russian Federation have ceased taking
    active measures to destabilize the control of the Government of
    Ukraine over eastern Ukraine.

    (c) <>  The Inspector General of the
    Department of Defense shall conduct a review of any action involving
    Rosoboronexport with respect to a waiver issued by the Secretary of
    Defense pursuant to subsection (b), and not later than 90 days after the
    date on which such a waiver is issued by the Secretary of Defense, the
    Inspector General shall submit to the congressional defense committees a
    report containing the results of the review conducted with respect to
    such waiver.

    Sec. 8103.  None of the funds made available in this Act may be used
    for the purchase or manufacture of a flag of the United States unless
    such flags are treated as covered items under section 2533a(b) of title
    10, United States Code.
    Sec. 8104. (a) <>  None of the funds
    appropriated or otherwise made available in this or any other Act may be
    used to construct, acquire, or modify any facility in the United States,
    its territories, or possessions to house any individual described in
    subsection (c) for the purposes of detention or imprisonment in the
    custody or under the effective control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
    (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
    (1) is not a citizen of the United States or a member of the
    Armed Forces of the United States; and
    (2) is--
    (A) in the custody or under the effective control of
    the Department of Defense; or

    [[Page 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): <>   Provided, That such amounts
    are available for reimbursements to the Ready Reserve Force, Maritime
    Administration account of the United States Department of Transportation
    for programs, projects, activities, and expenses related to the National
    Defense Reserve Fleet:  Provided further, That notwithstanding 10 U.S.C.
    2218 (National Defense Sealift Fund), none of these funds shall be
    transferred to the National Defense Sealift Fund for execution.

    Sec. 8106.  The <>  Secretary of Defense
    shall post grant awards on a public website in a searchable format.

    Sec. 8107.  If <>  the Secretary of a military
    department reduces each research, development, test and evaluation, and
    procurement account of the military department pursuant to paragraph (1)
    of section 828(d) of the National Defense Authorization Act for Fiscal
    Year 2016 (Public Law 114-92; 10 U.S.C. 2430 note), the Secretary shall
    allocate the reduction determined under paragraph (2) of such section
    828(d) proportionally from all programs, projects, or activities under
    such account:  Provided, That the authority under section 804(d)(2) of
    the National Defense Authorization Act for Fiscal Year 2016 (Public Law
    114-92; 10 U.S.C. 2302 note) to transfer amounts available in the Rapid
    Prototyping Fund shall be subject to section 8005 or 9002 of this Act,
    as applicable.

    Sec. 8108.  None <>  of the funds made
    available by this Act may be used by the National Security Agency to--
    (1) conduct an acquisition pursuant to section 702 of the
    Foreign Intelligence Surveillance Act of 1978 for the purpose of
    targeting a United States person; or
    (2) acquire, monitor, or store the contents (as such term is
    defined in section 2510(8) of title 18, United States Code) of
    any electronic communication of a United States person from a
    provider of electronic communication services to the public
    pursuant to section 501 of the Foreign Intelligence Surveillance
    Act of 1978.

    Sec. 8109.  None <>  of the funds made available in
    this or any other Act may be used to pay the salary of any officer or
    employee of any agency funded by this Act who approves or implements the
    transfer of administrative responsibilities or budgetary resources of
    any program, project, or activity financed by this Act to the
    jurisdiction of another Federal agency not financed by this Act without
    the express authorization of Congress:  Provided, That this limitation
    shall not apply to transfers of funds expressly provided for in Defense
    Appropriations Acts, or provisions of Acts providing supplemental
    appropriations for the Department of Defense.

    Sec. 8110.  Of the amounts appropriated in this Act for ``Operation
    and Maintenance, Navy'', $376,029,000, to remain available until
    expended, may be used for any purposes related to the National Defense
    Reserve Fleet established under section 11 of the Merchant Ship Sales
    Act of 1946 (46 U.S.C. 57100):  Provided, That
    such <>  amounts are available for reimbursements
    to the Ready

    [[Page 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 <>  of the funds
    made available in this Act may be obligated for activities authorized
    under section 1208 of the Ronald W. Reagan National Defense
    Authorization Act for Fiscal Year 2005 (Public Law 112-81; 125 Stat.
    1621) to initiate support for, or expand support to, foreign forces,
    irregular forces, groups, or individuals unless the congressional
    defense committees are notified in accordance with the direction
    contained in the classified annex accompanying this Act, not less than
    15 days before initiating such support:  Provided, That none of the
    funds made available in this Act may be used under section 1208 for any
    activity that is not in support of an ongoing military operation being
    conducted by United States Special Operations Forces to combat
    terrorism:  Provided further, That <>  the Secretary of
    Defense may waive the prohibitions in this section if the Secretary
    determines that such waiver is required by extraordinary circumstances
    and, by not later than 72 hours after making such waiver, notifies the
    congressional defense committees of such waiver.

    Sec. 8112.  The <>  Secretary of Defense, in consultation with the
    Service Secretaries, shall submit a report to the congressional defense
    committees, not later than 180 days after the enactment of this Act,
    detailing the submission of records during the previous 12 months to
    databases accessible to the National Instant Criminal Background Check
    System (NICS), including the Interstate Identification Index (III), the
    National Crime Information Center (NCIC), and the NICS Index, as
    required by Public Law 110-180:  Provided, That such report shall
    provide the number and category of records submitted by month to each
    such database, by Service or Component:  Provided further, That such
    report shall identify the number and category of records submitted by
    month to those databases for which the Identification for Firearm Sales
    (IFFS) flag or other database flags were used to pre-validate the
    records and indicate that such persons are prohibited from receiving or
    possessing a firearm:  Provided further, That such report shall describe
    the steps taken during the previous 12 months, by Service or Component,
    to ensure complete and accurate submission and appropriate flagging of
    records of individuals prohibited from gun possession or receipt
    pursuant to 18 U.S.C. 922(g) or (n) including applicable records
    involving proceedings under the Uniform Code of Military Justice.

    Sec. 8113. (a) <>  None of the funds provided in
    this Act for the TAO Fleet Oiler program shall be used to award a new
    contract that provides for the acquisition of the following components
    unless those components are manufactured in the United States: Auxiliary
    equipment (including pumps) for shipboard services; propulsion equipment
    (including engines, reduction gears, and propellers); shipboard cranes;
    and spreaders for shipboard cranes.

    (b) None of the funds provided in this Act for the FFG(X) Frigate
    program shall be used to award a new contract that provides for the
    acquisition of the following components unless those components are
    manufactured in the United States: Air circuit breakers; gyrocompasses;
    electronic navigation chart systems; steering controls; pumps;
    propulsion and machinery control systems; totally enclosed lifeboats;
    auxiliary equipment pumps; shipboard cranes; auxiliary chill water
    systems; and propulsion propellers:  Provided,

    [[Page 1332]]

    That the Secretary <>  of the Navy shall incorporate
    United States manufactured propulsion engines and propulsion reduction
    gears into the FFG(X) Frigate program beginning not later than with the
    eleventh ship of the program.

    Sec. 8114.  No amounts credited or otherwise made available in this
    or any other Act to the Department of Defense Acquisition Workforce
    Development Account may be transferred to:
    (1) the Rapid Prototyping Fund established under section
    804(d) of the National Defense Authorization Act for Fiscal Year
    2016 (10 U.S.C. 2302 note); or
    (2) credited to a military-department specific fund
    established under section 804(d)(2) of the National Defense
    Authorization Act for Fiscal Year 2016 (as amended by section
    897 of the National Defense Authorization Act for Fiscal Year
    2017).

    Sec. 8115.  None <>  of the
    funds made available by this Act may be used for Government Travel
    Charge Card expenses by military or civilian personnel of the Department
    of Defense for gaming, or for entertainment that includes topless or
    nude entertainers or participants, as prohibited by Department of
    Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction
    1015.10 (enclosure 3, 14a and 14b).

    Sec. 8116. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network is designed to block access to pornography
    websites.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities, or for any activity necessary for the national
    defense, including intelligence activities.
    Sec. 8117.  None <>  of the funds appropriated by
    this Act may be made available to deliver F-35 air vehicles or any other
    F-35 weapon system equipment to the Republic of Turkey, except in
    accordance with section 1245 of the National Defense Authorization Act
    for Fiscal Year 2020 (Public Law 116-92).

    Sec. 8118.  In addition to amounts provided elsewhere in this Act,
    there is appropriated $284,000,000, for an additional amount for
    ``Operation and Maintenance, Defense-Wide'', to remain available until
    expended: <>   Provided, That such funds shall
    only be available to the Secretary of Defense, acting through the Office
    of Economic Adjustment of the Department of Defense, or for transfer to
    the Secretary of Education, notwithstanding any other provision of law,
    to make grants, conclude cooperative agreements, or supplement other
    Federal funds to construct, renovate, repair, or expand elementary and
    secondary public schools on military installations in order to address
    capacity or facility condition deficiencies at such
    schools: <>   Provided further, That in making
    such funds available, the Office of Economic Adjustment or the Secretary
    of Education shall give priority consideration to those military
    installations with schools having the most serious capacity or facility
    condition deficiencies as determined by the Secretary of Defense:
    Provided further, That as a condition of receiving funds under this
    section a local educational agency or State shall provide a matching
    share as described in the notice titled ``Department of Defense Program
    for Construction, Renovation, Repair or Expansion of Public Schools
    Located on Military Installations'' published by the Department of
    Defense in the Federal Register on September 9, 2011 (76 Fed.

    [[Page 1333]]

    Reg. 55883 et seq.): <>   Provided further, That
    these provisions apply to funds provided under this section, and to
    funds previously provided by Congress to construct, renovate, repair, or
    expand elementary and secondary public schools on military installations
    in order to address capacity or facility condition deficiencies at such
    schools to the extent such funds remain unobligated on the date of
    enactment of this section.

    Sec. 8119.  In <>  carrying out the program
    described in the memorandum on the subject of ``Policy for Assisted
    Reproductive Services for the Benefit of Seriously or Severely Ill/
    Injured (Category II or III) Active Duty Service Members'' issued by the
    Assistant Secretary of Defense for Health Affairs on April 3, 2012, and
    the guidance issued to implement such memorandum, the Secretary of
    Defense shall apply such policy and guidance, except that--
    (1) <>  the limitation on periods regarding
    embryo cryopreservation and storage set forth in part III(G) and
    in part IV(H) of such memorandum shall not apply; and
    (2) <>  the term ``assisted reproductive
    technology'' shall include embryo cryopreservation and storage
    without limitation on the duration of such cryopreservation and
    storage.

    Sec. 8120.  None <>  of the funds made available by
    this Act may be used to carry out the closure or realignment of the
    United States Naval Station, Guantanamo Bay, Cuba.

    Sec. 8121.  None <>  of the funds provided
    for, or otherwise made available, in this or any other Act, may be
    obligated or expended by the Secretary of Defense to provide motorized
    vehicles, aviation platforms, munitions other than small arms and
    munitions appropriate for customary ceremonial honors, operational
    military units, or operational military platforms if the Secretary
    determines that providing such units, platforms, or equipment would
    undermine the readiness of such units, platforms, or equipment.

    Sec. 8122.  The Secretary of Defense may obligate and expend funds
    made available under this Act for procurement or for research,
    development, test and evaluation for the F-35 Joint Strike Fighter to
    modify up to six F-35 aircraft, including up to two F-35 aircraft of
    each variant, to a test
    configuration: <>   Provided, That the
    Secretary of Defense shall, with the concurrence of the Secretary of the
    Air Force and the Secretary of the Navy, notify the congressional
    defense committees not fewer than 30 days prior to obligating and
    expending funds under this section:  Provided further, That any transfer
    of funds pursuant to the authority provided in this section shall be
    made in accordance with section 8005 or 9002 of this Act, as
    appropriate, if applicable:  Provided further, That aircraft referred to
    previously in this section are not additional to aircraft referred to in
    section 8135 of the Department of Defense Appropriations Act, 2019 and
    section 8126 of the Department of Defense Appropriations Act, 2020.

    Sec. 8123.  Amounts <>  appropriated for
    ``Defense Health Program'' in this Act and hereafter may be obligated to
    make death gratuity payments, as authorized in subchapter II of chapter
    75 of title 10, United States Code, if no appropriation for ``Military
    Personnel'' is available for obligation for such payments:  Provided,
    That such obligations may subsequently be recorded against
    appropriations available for ``Military Personnel''.

    Sec. 8124. (a) <>  None of the funds
    made available by this or any other Act may be used to enter into a
    contract, memorandum of understanding, or cooperative agreement with,
    make a grant

    [[Page 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 <>  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 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) <>  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 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 <>  of the funds provided in this
    Act for requirements development, performance specification development,
    concept design and development, ship configuration development, systems
    engineering, naval architecture, marine engineering, operations research
    analysis, industry studies, preliminary design, development of the
    Detailed Design and Construction Request for Proposals solicitation
    package, or related activities for the AS(X) Submarine Tender, T-ARC(X)
    Cable Laying and Repair Ship, or T-AGOS(X) Oceanographic Surveillance
    Ship may be used to award a new contract for such activities unless
    these contracts include specifications that all auxiliary equipment,
    including pumps and propulsion shafts are manufactured in the United
    States.

    Sec. 8135.  None of the funds made available by this Act may be
    obligated or expended for the purpose of decommissioning the USS Fort
    Worth or the USS Coronado.
    Sec. 8136.  Of <>  the amounts appropriated in this
    Act under the heading ``Operation and Maintenance, Defense-Wide'',
    $50,000,000, to remain available until September 30, 2022:  Provided,
    That such funds shall only be available to the Secretary of Defense,
    acting through the Office of Economic Adjustment of the Department of
    Defense, to make grants to communities impacted by military aviation
    noise for the purpose of installing noise mitigating insulation at
    covered facilities:  Provided further, That, to be
    eligible <>  to receive a grant under the program, a
    community must enter into an agreement with the Secretary under which
    the community prioritizes the use of funds for the installation of noise
    mitigation at covered facilities in the community:  Provided further,
    That as a condition of receiving funds under this section a State or
    local entity shall provide a matching share of ten percent:  Provided
    further, That grants under the program may be used to meet the Federal
    match requirement under the airport improvement program established
    under subchapter I of chapter 471 and subchapter I of chapter 475 of
    title 49, United States Code:  Provided further,
    That, <>  in carrying out the program, the
    Secretary of Defense shall coordinate with the Secretary of
    Transportation to minimize duplication of efforts with any other noise
    mitigation program compliant with part 150 of title 14, Code of Federal
    Regulations:  Provided further,
    That, <>  in this section, the term
    ``covered facilities'' means hospitals, daycare facilities, schools,
    facilities serving senior citizens, and private residences that are
    located within one mile or a day-night average sound level of 65 or
    greater of a military installation or another location at which military
    aircraft are stationed or are located in an area impacted by military
    aviation noise within one mile or a day-night average sound level of 65
    or greater, as determined by the Department of Defense or Federal
    Aviation Administration noise modeling programs.

    Sec. 8137.  None <>  of the
    funds appropriated or otherwise made available by this Act may be
    obligated or expended for the lease of an icebreaking vessel unless such
    obligation or expenditure is compliant with section 1301 of title 31,
    United States Code, and related statutes and is made pursuant to a
    contract awarded using

    [[Page 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 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 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 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 <>  such costs shall be limited to contract
    changes resulting from inflation, market fluctuation, rate adjustments,
    and other necessary contract actions to complete existing projects, and
    associated supervision and administration costs and costs for design
    during construction:  Provided further, That the Secretary may not use
    more than $50,000,000 under the authority provided in this
    section: <>   Provided further, That the
    Secretary shall notify in advance such contract changes and adjustments
    in annual reports to the congressional defense committees:  Provided
    further, That the authority to provide assistance under this heading is
    in addition to any other authority to provide assistance to foreign
    nations:  Provided further, That contributions of funds for the purposes
    provided herein from any person, foreign government, or international
    organization may be credited to this Fund, to remain available until
    expended, and used for such purposes:  Provided further,
    That <>  the Secretary of Defense shall notify the
    congressional defense committees in writing upon the receipt and upon
    the obligation of any contribution, delineating the sources and amounts
    of

    [[Page 1341]]

    the funds received and the specific use of such contributions:  Provided
    further, That <>  the Secretary of
    Defense shall, not fewer than 15 days prior to obligating from this
    appropriation account, notify the congressional defense committees in
    writing of the details of any such obligation: <>
    Provided further, That the Secretary of Defense shall notify the
    congressional defense committees of any proposed new projects or
    activities, or transfer of funds between budget sub-activity groups in
    excess of $20,000,000:  Provided further, That the United States may
    accept equipment procured using funds provided under this heading in
    this or prior Acts that was transferred to the security forces of
    Afghanistan and returned by such forces to the United
    States: <>   Provided further, That equipment
    procured using funds provided under this heading in this or prior Acts,
    and not yet transferred to the security forces of Afghanistan or
    transferred to the security forces of Afghanistan and returned by such
    forces to the United States, may be treated as stocks of the Department
    of Defense upon written notification to the congressional defense
    committees:  Provided further, That of the funds provided under this
    heading, not less than $20,000,000 shall be for recruitment and
    retention of women in the Afghanistan National Security Forces, and the
    recruitment and training of female security personnel:  Provided
    further, That funds appropriated under this heading and made available
    for the salaries and benefits of personnel of the Afghanistan Security
    Forces may only be used for personnel who are enrolled in the
    Afghanistan Personnel and Pay
    System: <>   Provided further, That
    funds appropriated under this heading for the Afghanistan Security
    Forces may only be obligated if the Secretary of Defense, in
    consultation with the Secretary of State, certifies in writing to the
    congressional defense committees that such forces are controlled by a
    civilian, representative government that is committed to protecting
    human rights and women's rights and preventing terrorists and terrorist
    groups from using the territory of Afghanistan to threaten the security
    of the United States and United States allies:  Provided further, That
    such amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    Counter-Isis Train and Equip Fund <>

    For the ``Counter-Islamic State of Iraq and Syria Train and Equip
    Fund'', $710,000,000, to remain available until September 30,
    2022: <>   Provided, That such funds shall be
    available to the Secretary of Defense in coordination with the Secretary
    of State, to provide assistance, including training; equipment;
    logistics support, supplies, and services; stipends; infrastructure
    repair and renovation; construction for facility fortification and
    humane treatment; and sustainment, to foreign security forces, irregular
    forces, groups, or individuals participating, or preparing to
    participate in activities to counter the Islamic State of Iraq and
    Syria, and their affiliated or associated
    groups: <>   Provided
    further, That amounts made available under this heading shall be
    available to provide assistance only for activities in a country
    designated by the Secretary of Defense, in coordination with the
    Secretary of State, as having a security mission to counter the Islamic
    State of Iraq and Syria, and following written notification to the
    congressional defense

    [[Page 1342]]

    committees of such designation: <>   Provided
    further, That the Secretary of Defense shall ensure that prior to
    providing assistance to elements of any forces or individuals, such
    elements or individuals are appropriately vetted, including at a
    minimum, assessing such elements for associations with terrorist groups
    or groups associated with the Government of Iran; and receiving
    commitments from such elements to promote respect for human rights and
    the rule of law: <>   Provided further,
    That the Secretary of Defense shall, not fewer than 15 days prior to
    obligating from this appropriation account, notify the congressional
    defense committees in writing of the details of any such obligation:
    Provided further, That the Secretary of Defense may accept and retain
    contributions, including assistance in-kind, from foreign governments,
    including the Government of Iraq and other entities, to carry out
    assistance authorized under this heading:  Provided further, That
    contributions of funds for the purposes provided herein from any foreign
    government or other entity may be credited to this Fund, to remain
    available until expended, and used for such purposes:  Provided further,
    That the Secretary of Defense shall prioritize such contributions when
    providing any assistance for construction for facility fortification:
    Provided further, That <>  the Secretary of Defense may
    waive a provision of law relating to the acquisition of items and
    support services or sections 40 and 40A of the Arms Export Control Act
    (22 U.S.C. 2780 and 2785) if the Secretary determines that such
    provision of law would prohibit, restrict, delay or otherwise limit the
    provision of such assistance and a notice of and justification for such
    waiver is submitted to the congressional defense committees, the
    Committees on Appropriations and Foreign Relations of the Senate and the
    Committees on Appropriations and Foreign Affairs of the House of
    Representatives: <>   Provided further, That the
    United States may accept equipment procured using funds provided under
    this heading, or under the heading, ``Iraq Train and Equip Fund'' in
    prior Acts, that was transferred to security forces, irregular forces,
    or groups participating, or preparing to participate in activities to
    counter the Islamic State of Iraq and Syria and returned by such forces
    or groups to the United States, and such equipment may be treated as
    stocks of the Department of Defense upon written notification to the
    congressional defense
    committees: <>   Provided further,
    That equipment procured using funds provided under this heading, or
    under the heading, ``Iraq Train and Equip Fund'' in prior Acts, and not
    yet transferred to security forces, irregular forces, or groups
    participating, or preparing to participate in activities to counter the
    Islamic State of Iraq and Syria may be treated as stocks of the
    Department of Defense when determined by the Secretary to no longer be
    required for transfer to such forces or groups and upon written
    notification to the congressional defense committees:  Provided further,
    That <>  the Secretary of Defense shall provide
    quarterly reports to the congressional defense committees on the use of
    funds provided under this heading, including, but not limited to, the
    number of individuals trained, the nature and scope of support and
    sustainment provided to each group or individual, the area of operations
    for each group, and the contributions of other countries, groups, or
    individuals:  Provided further, That such amount is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    [[Page 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 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 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 <>  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 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 1347]]

    (including transfer of funds)

    Sec. 9002.  Upon <>  the determination of the
    Secretary of Defense that such action is necessary in the national
    interest, the Secretary may, with the approval of the Office of
    Management and Budget, transfer up to $2,000,000,000 between the
    appropriations or funds made available to the Department of Defense in
    this title:  Provided, That the <>  Secretary shall
    notify the Congress promptly of each transfer made pursuant to the
    authority in this section:  Provided further, That the authority
    provided in this section is in addition to any other transfer authority
    available to the Department of Defense and is subject to the same terms
    and conditions as the authority provided in section 8005 of this Act.

    Sec. 9003.  Supervision and administration costs and costs for
    design during construction associated with a construction project funded
    with appropriations available for operation and maintenance or the
    ``Afghanistan Security Forces Fund'' provided in this Act and executed
    in direct support of overseas contingency operations in Afghanistan, may
    be obligated at the time a construction contract is awarded:  Provided,
    That, for the purpose of this section, supervision and administration
    costs and costs for design during construction include all in-house
    Government costs.
    Sec. 9004.  From funds made available in this title, the Secretary
    of Defense may purchase for use by military and civilian employees of
    the Department of Defense in the United States Central Command area of
    responsibility: (1) passenger motor vehicles up to a limit of $75,000
    per vehicle; and (2) heavy and light armored vehicles for the physical
    security of personnel or for force protection purposes up to a limit of
    $450,000 per vehicle, notwithstanding price or other limitations
    applicable to the purchase of passenger carrying vehicles.
    Sec. 9005.  Not to exceed $2,000,000 of the amounts appropriated by
    this title under the heading ``Operation and Maintenance, Army'' may be
    used, notwithstanding any other provision of law, to fund the
    Commanders' Emergency Response Program (CERP), for the purpose of
    enabling military commanders in Afghanistan to respond to urgent, small-
    scale, humanitarian relief and reconstruction requirements within their
    areas of responsibility:  Provided, That each project (including any
    ancillary or related elements in connection with such project) executed
    under this authority shall not exceed $500,000: <>   Provided further, That not later than 45 days after
    the end of each 6 months of the fiscal year, the Secretary of Defense
    shall submit to the congressional defense committees a report regarding
    the source of funds and the allocation and use of funds during that 6-
    month period that were made available pursuant to the authority provided
    in this section or under any other provision of law for the purposes
    described herein.

    Sec. 9006.  Funds available to the Department of Defense for
    operation and maintenance may be used, notwithstanding any other
    provision of law, to provide supplies, services, transportation,
    including airlift and sealift, and other logistical support to allied
    forces participating in a combined operation with the armed forces of
    the United States and coalition forces supporting military and stability
    operations in Afghanistan and to counter the Islamic State of Iraq and
    Syria: <>   Provided, That the Secretary of Defense
    shall

    [[Page 1348]]

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

    Sec. 9007.  None <>  of the funds appropriated or
    otherwise made available by this or any other Act shall be obligated or
    expended by the United States Government for a purpose as follows:
    (1) To establish any military installation or base for the
    purpose of providing for the permanent stationing of United
    States Armed Forces in Iraq.
    (2) <>  To exercise United States control over
    any oil resource of Iraq or Syria.
    (3) <>  To establish any military
    installation or base for the purpose of providing for the
    permanent stationing of United States Armed Forces in
    Afghanistan.

    Sec. 9008.  None of the funds made available in this Act may be used
    in contravention of the following laws enacted or regulations
    promulgated to implement the United Nations Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
    New York on December 10, 1984):
    (1) Section 2340A of title 18, United States Code.
    (2) Section 2242 of the Foreign Affairs Reform and
    Restructuring Act of 1998 (division G of Public Law 105-277; 112
    Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
    thereto, including regulations under part 208 of title 8, Code
    of Federal Regulations, and part 95 of title 22, Code of Federal
    Regulations.
    (3) Sections 1002 and 1003 of the Department of Defense,
    Emergency Supplemental Appropriations to Address Hurricanes in
    the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
    109-148).

    Sec. 9009.  None <>  of the funds provided for the
    ``Afghanistan Security Forces Fund'' (ASFF) may be obligated prior to
    the approval of a financial and activity plan by the Afghanistan
    Resources Oversight Council (AROC) of the Department of Defense:
    Provided, That <>  the AROC must approve the
    requirement and acquisition plan for any service requirements in excess
    of $50,000,000 annually and any non-standard equipment requirements in
    excess of $100,000,000 using ASFF:  Provided further, That
    the <>  Department of Defense
    must certify to the congressional defense committees that the AROC has
    convened and approved a process for ensuring compliance with the
    requirements in the preceding proviso and accompanying report language
    for the ASFF.

    Sec. 9010.  Funds made available in this title to the Department of
    Defense for operation and maintenance may be used to purchase items
    having an investment unit cost of not more than $250,000:  Provided,
    That, <>  upon determination by the Secretary of
    Defense that such action is necessary to meet the operational
    requirements of a Commander of a Combatant Command engaged in
    contingency operations overseas, such funds may be used to purchase
    items having an investment item unit cost of not more than $500,000.

    Sec. 9011.  Up to $500,000,000 of funds appropriated by this Act for
    the Defense Security Cooperation Agency in ``Operation and Maintenance,
    Defense-Wide'' may be used to provide assistance to the Government of
    Jordan to support the armed forces of Jordan and to enhance security
    along its borders.
    Sec. 9012.  None of the funds made available by this Act under the
    headings ``Afghanistan Security Forces Fund'' and ``Counter-ISIS Train
    and Equip Fund'', and under the heading ``Operation

    [[Page 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 <>  the amounts appropriated in this
    title under the heading ``Operation and Maintenance, Defense-Wide'', for
    the Defense Security Cooperation Agency, $275,000,000, of which
    $137,500,000 to remain available until September 30, 2022 shall be for
    the Ukraine Security Assistance Initiative: <>
    Provided, That such funds shall be available to the Secretary of
    Defense, in coordination with the Secretary of State, to provide
    assistance, including training; equipment; lethal assistance; logistics
    support, supplies and services; sustainment; and intelligence support to
    the military and national security forces of Ukraine, and for
    replacement of any weapons or articles provided to the Government of
    Ukraine from the inventory of the United States:  Provided further, That
    the <>  Secretary of Defense shall, not
    less than 15 days prior to obligating funds made available in this
    section, notify the congressional defense committees in writing of the
    details of any such obligation:  Provided further,
    That <>  the Secretary of Defense shall, not more than
    60 days after such notification is made, inform such committees if such
    funds have not been obligated and the reasons therefor:  Provided
    further, That the United States may accept equipment procured using
    funds made available in this section in this or prior Acts that was
    transferred to the security forces of Ukraine and returned by such
    forces to the United States:  Provided further,
    That <>  equipment procured using funds made
    available in this section in this or prior Acts, and not yet transferred
    to the military or National Security Forces of Ukraine or returned by
    such forces to the United States, may be treated as stocks of the
    Department of Defense upon written notification to the congressional
    defense committees: <>   Provided further, That the
    Secretary of Defense shall provide quarterly reports to the Committees
    on Appropriations of the House of Representatives and the Senate on the
    use and status of funds made available in this section.

    Sec. 9014.  Funds <>  appropriated in this title
    shall be available for replacement of funds for items provided to the
    Government of Ukraine from the inventory of the United States to the
    extent specifically provided for in section 9013 of this Act.

    Sec. 9015.  None <>  of the funds made
    available by this Act may be used to provide arms, training, or other
    assistance to the Azov Battalion.

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

    Sec. 9017.  None <>  of the funds made available by
    this Act may be used with respect to Iraq in contravention of the War
    Powers Resolution (50 U.S.C. 1541 et seq.), including for the
    introduction of United States armed forces into hostilities in Iraq,
    into situations in Iraq where imminent involvement in hostilities is
    clearly

    [[Page 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 <>  of the funds made available by
    this Act may be used with respect to Syria in contravention of the War
    Powers Resolution (50 U.S.C. 1541 et seq.), including for the
    introduction of United States armed or military forces into hostilities
    in Syria, into situations in Syria where imminent involvement in
    hostilities is clearly indicated by the circumstances, or into Syrian
    territory, airspace, or waters while equipped for combat, in
    contravention of the congressional consultation and reporting
    requirements of sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).

    Sec. 9019.  None <>  of the funds in this Act
    may be made available for the transfer of additional C-130 cargo
    aircraft to the Afghanistan National Security Forces or the Afghanistan
    Air Force.

    Sec. 9020.
    Funds <>  made
    available by this Act under the heading ``Afghanistan Security Forces
    Fund'' may be used to provide limited training, equipment, and other
    assistance that would otherwise be prohibited by 10 U.S.C. 362 to a unit
    of the security forces of Afghanistan only if the Secretary of Defense
    certifies to the congressional defense committees, within 30 days of a
    decision to provide such assistance, that (1) a denial of such
    assistance would present significant risk to United States or coalition
    forces or significantly undermine United States national security
    objectives in Afghanistan; and (2) the Secretary has sought a commitment
    by the Government of Afghanistan to take all necessary corrective steps:
    Provided, That such certification shall be accompanied by a report
    describing: (1) the information relating to the gross violation of human
    rights; (2) the circumstances that necessitated the provision of such
    assistance; (3) the Afghan security force unit involved; (4) the
    assistance provided and the assistance withheld; and (5) the corrective
    steps to be taken by the Government of Afghanistan: <>   Provided further, That every 120 days after the initial
    report an additional report shall be submitted detailing the status of
    any corrective steps taken by the Government of Afghanistan:  Provided
    further, That if the Government of Afghanistan has not initiated
    necessary corrective steps within 1 year of the certification, the
    authority under this section to provide assistance to such unit shall no
    longer apply:  Provided further, That the Secretary shall submit a
    report to such committees detailing the final disposition of the case by
    the Government of Afghanistan.

    Sec. 9021.  None <>  of the funds made
    available by this Act may be made available for any member of the
    Taliban except to support a reconciliation activity that includes the
    participation of members of the Government of Afghanistan, does not
    restrict the participation of women, and is authorized by section 1218
    of the National Defense Authorization Act for Fiscal Year 2020 (Public
    Law 116- 92).

    Sec. 9022.  Nothing <>  in this Act may be construed as
    authorizing the use of force against Iran.

    (rescissions)

    Sec. 9023.  Of the funds appropriated in Department of Defense
    Appropriations Acts, the following funds are hereby rescinded from the
    following accounts and programs in the specified amounts:  Provided,
    That such amounts are designated by the Congress for

    [[Page 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 <>  the Secretary of Defense shall,
    not less than 15 days prior to obligating funds made available in this
    section, notify the congressional defense committees in writing of the
    details of any planned obligation: <>   Provided
    further, That the Secretary of Defense shall provide quarterly reports
    to the Committees on Appropriations of the House of Representatives and
    the Senate on the use and status of funds made available in this
    section.

    Sec. 9025.  Of <>  the amounts
    appropriated in this title under the heading ``Operation and
    Maintenance, Defense-Wide'', for the Defense Security Cooperation
    Agency, $100,000,000, to remain available until September 30, 2022,
    shall be for payments to reimburse key cooperating nations for
    logistical, military, and other support, including access, provided to
    United States military and stability operations in Afghanistan and to
    counter the Islamic State of Iraq and
    Syria: <>
    Provided, That such reimbursement payments may be made in such amounts
    as the Secretary of Defense, with the concurrence of the Secretary of
    State, and in consultation with the Director of the Office of Management
    and Budget, may determine, based on documentation determined by the
    Secretary of Defense to adequately account for the support provided, and
    such determination is final and conclusive upon the accounting officers
    of the United States, and 15 days following written notification to the
    appropriate congressional committees: <>
    Provided further, That these funds may be used for the purpose of
    providing specialized training and procuring supplies and specialized
    equipment and providing such supplies and loaning such equipment on a
    non-

    [[Page 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 <>  the Secretary of Defense shall provide
    quarterly reports to the Committees on Appropriations of the House of
    Representatives and the Senate on the use and status of funds made
    available in this section.

    Sec. 9026.  Of <>  the
    amounts appropriated in this title under the heading ``Operation and
    Maintenance, Defense-Wide'', for the Defense Security Cooperation
    Agency, $250,000,000, to remain available until September 30, 2022,
    shall be available to reimburse Jordan, Lebanon, Egypt, Tunisia, and
    Oman under section 1226 of the National Defense Authorization Act for
    Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border security, of
    which not less than $150,000,000 shall be for
    Jordan: <>   Provided, That the Secretary
    of Defense shall, not less than 15 days prior to obligating funds made
    available in this section, notify the congressional defense committees
    in writing of the details of any planned obligation and the nature of
    the expenses incurred:  Provided further, That the <>
    Secretary of Defense shall provide quarterly reports to the Committees
    on Appropriations of the House of Representatives and the Senate on the
    use and status of funds made available in this section.

    Sec. 9027.  Each <>  amount designated in this Act
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985 shall be available (or
    rescinded, if applicable) only if the President subsequently so
    designates all such amounts and transmits such designations to the
    Congress.

    Sec. 9028.  None of the funds appropriated or otherwise made
    available by this Act may be used in contravention of the First
    Amendment of the Constitution.
    This division may be cited as the ``Department of Defense
    Appropriations Act, 2021''.

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

    TITLE I

    CORPS OF ENGINEERS--CIVIL

    DEPARTMENT OF THE ARMY

    Corps of Engineers--Civil

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

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

    construction

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

    mississippi river and tributaries

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

    operation and maintenance

    For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction,

    [[Page 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 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: <>
    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 1356]]

    any part of which is to be guaranteed, not to exceed $950,000,000:
    Provided further,
    That, <>  within 30 days of enactment of this Act, the Secretary,
    in consultation with the Office of Management and Budget, shall transmit
    a report to the Committees on Appropriations of the House of
    Representatives and the Senate that provides: (1) an analysis of how
    subsidy rates will be determined for loans financed by appropriations
    provided under this heading in this Act; (2) a comparison of the factors
    that will be considered in estimating subsidy rates for loans financed
    under this heading in this Act with factors that will be considered in
    estimates of subsidy rates for other projects authorized by the Water
    Infrastructure Finance and Innovation Act of 2014, including an analysis
    of how both sets of rates will be determined; and (3) an analysis of the
    process for developing draft regulations for the Water Infrastructure
    Finance and Innovation program, including a crosswalk from the statutory
    requirements for such program, and a timetable for publishing such
    regulations: <>   Provided further, That the use of
    direct loans or loan guarantee authority under this heading for direct
    loans or commitments to guarantee loans for any project shall be in
    accordance with the criteria published in the Federal Register on June
    30, 2020 (85 FR 39189) pursuant to the fourth proviso under the heading
    ``Water Infrastructure Finance and Innovation Program Account'' in
    division D of the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94):  Provided further,
    That <>  none of the direct loans or
    loan guarantee authority made available under this heading shall be
    available for any project unless the Secretary and the Director of the
    Office of Management and Budget have certified in advance in writing
    that the direct loan or loan guarantee, as applicable, and the project
    comply with the criteria referenced in the previous proviso:  Provided
    further, That any references to the Environmental Protection Agency
    (EPA) or the Administrator in the criteria referenced in the previous
    two provisos shall be deemed to be references to the Army Corps of
    Engineers or the Secretary of the Army, respectively, for purposes of
    the direct loans or loan guarantee authority made available under this
    heading:  Provided further, That, for the purposes of carrying out the
    Congressional Budget Act of 1974, the Director of the Congressional
    Budget Office may request, and the Secretary shall promptly provide,
    documentation and information relating to a project identified in a
    Letter of Interest submitted to the Secretary pursuant to a Notice of
    Funding Availability for applications for credit assistance under the
    Water Infrastructure Finance and Innovation Act Program, including with
    respect to a project that was initiated or completed before the date of
    enactment of this Act.

    In addition, fees authorized to be collected pursuant to sections
    5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
    2014 shall be deposited in this account, to remain available until
    expended.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $2,200,000, to remain available until
    September 30, 2022.

    [[Page 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) <>  increases funds or
    personnel for any program, project, or activity for which funds
    have been denied or restricted by this Act, unless prior
    approval is received from the Committees on Appropriations of
    both Houses of Congress;
    (4) <>  proposes to use funds
    directed for a specific activity for a different purpose, unless
    prior approval is received from the Committees on Appropriations
    of both Houses of Congress;
    (5) <>  augments or reduces
    existing programs, projects, or activities in excess of the
    amounts contained in paragraphs (6) through (10), unless prior
    approval is received from the Committees on Appropriations of
    both Houses of Congress;
    (6) Investigations.--For a base level over $100,000,
    reprogramming of 25 percent of the base amount up to a limit of
    $150,000 per project, study or activity is allowed:  Provided,
    That for a base level less than $100,000, the reprogramming
    limit is $25,000:  Provided further, That up to $25,000 may be
    reprogrammed into any continuing study or activity that did not
    receive an appropriation for existing obligations and
    concomitant administrative expenses;
    (7) Construction.--For a base level over $2,000,000,
    reprogramming of 15 percent of the base amount up to a limit of
    $3,000,000 per project, study or activity is allowed:  Provided,
    That for a base level less than $2,000,000, the reprogramming
    limit is $300,000:  Provided further, That up to $3,000,000 may
    be reprogrammed for settled contractor claims, changed
    conditions, or real estate deficiency judgments:  Provided
    further, That up to $300,000 may be reprogrammed into any
    continuing study or activity that did not receive an
    appropriation for existing obligations and concomitant
    administrative expenses;
    (8) Operation and maintenance.--Unlimited reprogramming
    authority is granted for the Corps to be able to respond to
    emergencies: <>   Provided, That the Chief
    of Engineers shall notify the Committees on Appropriations of
    both Houses of Congress of these emergency actions as soon
    thereafter as practicable:  Provided further, That for a base
    level over $1,000,000, reprogramming of 15 percent of the base
    amount up to a limit of $5,000,000 per project, study, or
    activity is allowed:  Provided further, That for a base level
    less than $1,000,000, the reprogramming limit is $150,000:
    Provided further, That $150,000 may be reprogrammed into any
    continuing study or activity that did not receive an
    appropriation;
    (9) <>  Mississippi river
    and tributaries.--The reprogramming guidelines in paragraphs
    (6), (7), and (8) shall apply

    [[Page 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) <>  Not later than 60 days after the date of
    enactment of this Act, the Secretary shall submit a report to the
    Committees on Appropriations of both Houses of Congress to establish the
    baseline for application of reprogramming and transfer authorities for
    the current fiscal year which shall include:
    (1) A table for each appropriation with a separate column to
    display the President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if applicable,
    and the fiscal year enacted level; and
    (2) A delineation in the table for each appropriation both
    by object class and program, project and activity as detailed in
    the budget appendix for the respective appropriations; and
    (3) An identification of items of special congressional
    interest.

    Sec. 102.  The <>  Secretary shall allocate
    funds made available in this Act solely in accordance with the
    provisions of this Act and the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act),
    including the determination and designation of new starts.

    Sec. 103.  None of the funds made available in this title may be
    used to award or modify any contract that commits funds beyond the
    amounts appropriated for that program, project, or activity that remain
    unobligated, except that such amounts may include any funds that have
    been made available through reprogramming pursuant to section 101.
    Sec. 104.  The Secretary of the Army may transfer to the Fish and
    Wildlife Service, and the Fish and Wildlife Service may accept and
    expend, up to $5,400,000 of funds provided in this title under the
    heading ``Operation and Maintenance'' to mitigate for fisheries lost due
    to Corps of Engineers projects.
    Sec. 105.  None of the funds in this Act shall be used for an open
    lake placement alternative for dredged material, after evaluating the
    least costly, environmentally acceptable manner for the disposal or
    management of dredged material originating from Lake Erie or tributaries
    thereto, unless it is approved under a State water quality certification
    pursuant to section 401 of the Federal Water Pollution Control Act (33
    U.S.C. 1341):  Provided, That until an open lake placement alternative
    for dredged material is approved under a State water quality
    certification, the Corps of Engineers shall continue upland placement of
    such dredged material consistent with the requirements of section 101 of
    the Water Resources Development Act of 1986 (33 U.S.C. 2211).
    Sec. 106.  None of the funds made available by this Act or any other
    Act may be used to reorganize or to transfer the Civil

    [[Page 1359]]

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

    Sec. 108.  None <>  of the funds made available by
    this Act may be used to carry out any water supply reallocation study
    under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized
    under the Act of July 24, 1946 (60 Stat. 636, ch. 595).

    Sec. 109. (a) When allocating the additional funding provided in
    this title under the headings ``Construction'' and ``Mississippi River
    and Tributaries'', the Secretary shall initiate a total of seven new
    construction starts during fiscal year 2021.
    (b) <>  For new construction projects,
    project cost sharing agreements shall be executed as soon as practicable
    but no later than December 31, 2021.

    (c) <>  No allocation for a new start shall
    be considered final and no work allowance shall be made until the
    Secretary provides to the Committees on Appropriations of both Houses of
    Congress an out-year funding scenario demonstrating the affordability of
    the selected new starts and the impacts on other projects.

    (d) <>  The Secretary shall not deviate from the
    new starts proposed in the work plan, once the plan has been submitted
    to the Committees on Appropriations of both Houses of Congress.

    TITLE II

    DEPARTMENT OF THE INTERIOR

    Central Utah Project

    central utah project completion account

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

    Bureau of Reclamation

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

    water and related resources

    (including transfers of funds)

    For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other

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

    (d) <>  The Bureau of Reclamation shall submit
    reports on a quarterly basis to the Committees on Appropriations of both
    Houses of Congress detailing all the funds reprogrammed between
    programs, projects, activities, or categories of funding. The first
    quarterly report shall be submitted not later than 60 days after the
    date of enactment of this Act.

    Sec. 202. (a) <>  None of
    the funds appropriated or otherwise made available by this Act may be
    used to determine the final point of discharge for the interceptor drain
    for the San Luis Unit until development by the Secretary of the Interior
    and the State of California of a plan, which shall conform to the water
    quality standards of the State of California as approved by the
    Administrator of the Environmental Protection Agency, to minimize any
    detrimental effect of the San Luis drainage waters.

    (b) <>  The costs of the Kesterson Reservoir
    Cleanup Program and the costs of the San Joaquin Valley Drainage Program
    shall

    [[Page 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) <>  is amended by
    striking ``2020'' and inserting ``2021''.

    Sec. 206.  Section 6002(g)(4) of the Omnibus Public Land Management
    Act of 2009 (Public Law 111-11) <>  is amended by
    striking ``2020'' and inserting ``2021''.

    Sec. 207. (a) Section 104(c) of the Reclamation States Emergency
    Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by
    striking``2020'' and inserting ``2021''.
    (b) Section 301 of the Reclamation States Emergency Drought Relief
    Act of 1991 (43 U.S.C. 2241) is amended by striking ``2020'' and
    inserting ``2021''.
    Sec. 208.  None of the funds made available by this Act may be used
    for pre-construction or construction activities for any project
    recommended after enactment of the Energy and Water Development and
    Related Agencies Appropriations Act, 2020 and prior to enactment of this
    Act by the Secretary of the Interior and transmitted to the appropriate
    committees of Congress pursuant to section 4007, section 4009(a), or
    section 4009(c) of the Water Infrastructure Improvements for the Nation
    Act (Public Law 114-322) if such project is not named in this Act.

    TITLE III

    DEPARTMENT OF ENERGY

    ENERGY PROGRAMS

    Energy Efficiency and Renewable Energy

    (including rescissions of funds)

    For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy efficiency and renewable energy activities
    in carrying out the purposes of the Department of Energy Organization
    Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
    of any real property or any facility or for plant or facility
    acquisition, construction, or expansion, $2,864,000,293, to remain
    available until expended:  Provided, That of such amount,

    [[Page 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 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 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 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 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 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 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 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 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 <>  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 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) <>  Unless the Secretary of
    Energy notifies the Committees on Appropriations of both Houses of
    Congress at least 3 full business days in advance, none of the funds
    made available in this title may be used to--
    (A) <>  make a grant allocation or
    discretionary grant award totaling $1,000,000 or more;
    (B) <>  make a discretionary contract
    award or Other Transaction Agreement totaling $1,000,000 or
    more, including a contract covered by the Federal Acquisition
    Regulation;
    (C) issue a letter of intent to make an allocation, award,
    or Agreement in excess of the limits in subparagraph (A) or (B);
    or
    (D) announce publicly the intention to make an allocation,
    award, or Agreement in excess of the limits in subparagraph (A)
    or (B).

    (2) <>  The Secretary of Energy shall submit to the
    Committees on Appropriations of both Houses of Congress within 15 days
    of the conclusion of each quarter a report detailing each grant
    allocation or discretionary grant award totaling less than $1,000,000
    provided during the previous quarter.

    (3) The notification required by paragraph (1) and the report
    required by paragraph (2) shall include the recipient of the award, the
    amount of the award, the fiscal year for which the funds for the award
    were appropriated, the account and program, project, or activity from
    which the funds are being drawn, the title of the award, and a brief
    description of the activity for which the award is made.
    (c) <>  The Department of Energy may not,
    with respect to any program, project, or activity that uses budget
    authority made available in this title under the heading ``Department of
    Energy--Energy Programs'', enter into a multiyear contract, award a
    multiyear grant, or enter into a multiyear cooperative agreement
    unless--
    (1) the contract, grant, or cooperative agreement is funded
    for the full period of performance as anticipated at the time of
    award; or
    (2) <>  the contract,
    grant, or cooperative agreement includes a clause conditioning
    the Federal Government's obligation on the availability of
    future year budget authority and the Secretary notifies the
    Committees on Appropriations of both Houses of Congress at least
    3 days in advance.

    [[Page 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) <>  The
    amounts made available by this title may be reprogrammed for any
    program, project, or activity, and the Department shall notify, and
    obtain the prior approval of, the Committees on Appropriations of both
    Houses of Congress at least 30 days prior to the use of any proposed
    reprogramming that would cause any program, project, or activity funding
    level to increase or decrease by more than $5,000,000 or 10 percent,
    whichever is less, during the time period covered by this Act.

    (f) None of the funds provided in this title shall be available for
    obligation or expenditure through a reprogramming of funds that--
    (1) creates, initiates, or eliminates a program, project, or
    activity;
    (2) increases funds or personnel for any program, project,
    or activity for which funds are denied or restricted by this
    Act; or
    (3) reduces funds that are directed to be used for a
    specific program, project, or activity by this Act.

    (g)(1) <>  The Secretary of Energy may
    waive any requirement or restriction in this section that applies to the
    use of funds made available for the Department of Energy if compliance
    with such requirement or restriction would pose a substantial risk to
    human health, the environment, welfare, or national security.

    (2) <>  The Secretary of Energy shall
    notify the Committees on Appropriations of both Houses of Congress of
    any waiver under paragraph (1) as soon as practicable, but not later
    than 3 days after the date of the activity to which a requirement or
    restriction would otherwise have applied. Such notice shall include an
    explanation of the substantial risk under paragraph (1) that permitted
    such waiver.

    (h) The unexpended balances of prior appropriations provided for
    activities in this Act may be available to the same appropriation
    accounts for such activities established pursuant to this title.
    Available balances may be merged with funds in the applicable
    established accounts and thereafter may be accounted for as one fund for
    the same time period as originally enacted.
    Sec. 302.  Funds appropriated by this or any other Act, or made
    available by the transfer of funds in this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    3094) during fiscal year 2021 until the enactment of the Intelligence
    Authorization Act for fiscal year 2021.
    Sec. 303.  None <>  of the funds made
    available in this title shall be used for the construction of facilities
    classified as high-hazard nuclear facilities under 10 CFR Part 830
    unless independent oversight is conducted by the Office of Enterprise
    Assessments to ensure the project is in compliance with nuclear safety
    requirements.

    Sec. 304.  None <>  of the funds made
    available in this title may be used to approve critical decision-2 or
    critical decision-3 under

    [[Page 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 <>
    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 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 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 <>  Nuclear Regulatory Commission
    shall comply with the July 5, 2011, version of Chapter VI of its
    Internal Commission Procedures when responding to Congressional requests
    for information, consistent with Department of Justice guidance for all
    Federal agencies.

    Sec. 402. (a) <>  The amounts made
    available by this title for the Nuclear Regulatory Commission may be
    reprogrammed for any program, project, or activity, and the Commission
    shall notify the Committees on Appropriations of both Houses of Congress
    at least 30 days prior to the use of any proposed reprogramming that
    would cause any program funding level to increase or decrease by more
    than $500,000 or 10 percent, whichever is less, during the time period
    covered by this Act.

    (b)(1) <>  The Nuclear Regulatory
    Commission may waive the notification requirement in subsection (a) if
    compliance with such

    [[Page 1378]]

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

    (2) <>  The Nuclear Regulatory
    Commission shall notify the Committees on Appropriations of both Houses
    of Congress of any waiver under paragraph (1) as soon as practicable,
    but not later than 3 days after the date of the activity to which a
    requirement or restriction would otherwise have
    applied. <>  Such notice shall include an explanation of
    the substantial risk under paragraph (1) that permitted such waiver and
    shall provide a detailed report to the Committees of such waiver and
    changes to funding levels to programs, projects, or activities.

    (c) Except as provided in subsections (a), (b), and (d), the amounts
    made available by this title for ``Nuclear Regulatory Commission--
    Salaries and Expenses'' shall be expended as directed in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
    (d) None of the funds provided for the Nuclear Regulatory Commission
    shall be available for obligation or expenditure through a reprogramming
    of funds that increases funds or personnel for any program, project, or
    activity for which funds are denied or restricted by this Act.
    (e) <>  The Commission shall provide a monthly
    report to the Committees on Appropriations of both Houses of Congress,
    which includes the following for each program, project, or activity,
    including any prior year appropriations--
    (1) total budget authority;
    (2) total unobligated balances; and
    (3) total unliquidated obligations.

    TITLE V

    GENERAL PROVISIONS

    (including transfer of funds)

    Sec. 501.  None <>  of the funds appropriated by
    this Act may be used in any way, directly or indirectly, to influence
    congressional action on any legislation or appropriation matters pending
    before Congress, other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.

    Sec. 502. (a) None of the funds made available in title III of this
    Act may be transferred to any department, agency, or instrumentality of
    the United States Government, except pursuant to a transfer made by or
    transfer authority provided in this Act or any other appropriations Act
    for any fiscal year, transfer authority referenced in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), or any authority whereby a department, agency,
    or instrumentality of the United States Government may provide goods or
    services to another department, agency, or instrumentality.
    (b) None of the funds made available for any department, agency, or
    instrumentality of the United States Government may be transferred to
    accounts funded in title III of this Act, except pursuant to a transfer
    made by or transfer authority provided in this Act or any other
    appropriations Act for any fiscal year, transfer authority referenced in
    the explanatory statement described in section 4 (in the matter
    preceding division A of this

    [[Page 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) <>  The head of any relevant
    department or agency funded in this Act utilizing any transfer authority
    shall submit to the Committees on Appropriations of both Houses of
    Congress a semiannual report detailing the transfer authorities, except
    for any authority whereby a department, agency, or instrumentality of
    the United States Government may provide goods or services to another
    department, agency, or instrumentality, used in the previous 6 months
    and in the year-to-date. This report shall include the amounts
    transferred and the purposes for which they were transferred, and shall
    not replace or modify existing notification requirements for each
    authority.

    Sec. 503.  None of the funds made available by this Act may be used
    in contravention of Executive Order No. 12898 of February 11, 1994
    (Federal Actions to Address Environmental Justice in Minority
    Populations and Low-Income Populations).
    Sec. 504. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, Tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.

    Sec. 505. (a) <>  Requirements
    relating to non-Federal cost-share grants and cooperative agreements for
    the Delta Regional Authority under section 382D of the Agricultural Act
    of 1961 and Consolidated Farm and Rural Development Act (7 U.S.C.
    2009aa-3) are waived for grants awarded in fiscal year 2020 and in
    subsequent years in response to economic distress directly related to
    the impacts of the Coronavirus Disease (COVID-19).

    (b) <>  Requirements relating to non-
    Federal cost-share grants and cooperative agreements for the Northern
    Border Regional Commission under section 15501(d) of title 40, United
    States Code, are waived for grants awarded in fiscal year 2020 and in
    subsequent years in response to economic distress directly related to
    the impacts of the Coronavirus Disease (COVID-19).

    (c) <>  Requirements relating to non-
    Federal cost-share grants and cooperative agreements for the Denali
    Commission are waived for grants awarded in fiscal year 2020 and in
    subsequent years in response to economic distress directly related to
    the impacts of the Coronavirus Disease (COVID-19).

    Sec. 506.  Of the unavailable collections currently in the United
    States Enrichment Corporation Fund, $291,000,000 shall be transferred to
    and merged with the Uranium Enrichment Decontamination and
    Decommissioning Fund and shall be available only to the extent provided
    in advance in appropriations Acts.
    This division may be cited as the ``Energy and Water Development and
    Related Agencies Appropriations Act, 2021''.

    [[Page 1380]]

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

    TITLE I

    DEPARTMENT OF THE TREASURY

    Departmental Offices

    salaries and expenses

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

    committee on foreign investment in the united states fund

    (including transfer of funds)

    For necessary expenses of the Committee on Foreign Investment in the
    United States, $20,000,000, to remain available until expended:
    Provided, That <>  the chairperson of the Committee
    may transfer such amounts to any department or agency represented on the
    Committee (including the Department of the Treasury) subject to advance
    notification to the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That amounts so
    transferred shall remain available until expended for expenses of
    implementing section 721 of the Defense Production Act of 1950, as
    amended (50 U.S.C. 4565), and shall be available

    [[Page 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 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 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 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: <>   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 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: <>   Provided further, That such section 114A shall remain
    in effect until December 31, 2021:  Provided further, That of
    the funds awarded under this heading, except those provided for
    the Economic Mobility Corps, not less than 10 percent shall be
    used for awards that support investments that serve populations
    living in persistent poverty counties:  Provided further,
    That <>  for the
    purposes of this paragraph and paragraph (1), the term
    ``persistent poverty counties'' means any county, including
    county equivalent areas in Puerto Rico, that has had 20 percent
    or more of its population living in poverty over the past 30
    years, as measured by the 1990 and 2000 decennial censuses and
    the 2011-2015 5-year data series available from the American
    Community Survey of the Bureau of the Census or any other
    territory or possession of the United States that has had 20
    percent or more of its population living in poverty over the
    past 30 years, as measured by the 1990, 2000 and 2010 Island
    Areas Decennial Censuses, or equivalent data, of the Bureau of
    the Census.

    Internal Revenue Service

    taxpayer services

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

    [[Page 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 <>  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 1387]]

    and mitigation strategies associated with ongoing work; reasons for any
    cost or schedule variances; and total expenditures by fiscal year:
    Provided further, That <>  the Internal Revenue
    Service shall include, in its budget justification for fiscal year 2022,
    a summary of cost and schedule performance information for its major
    information technology systems.

    business systems modernization

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

    administrative provisions--internal revenue service

    (including transfer of funds)

    Sec. 101.  Not <>  to exceed 4 percent of
    the appropriation made available in this Act to the Internal Revenue
    Service under the ``Enforcement'' heading, and not to exceed 5 percent
    of any other appropriation made available in this Act to the Internal
    Revenue Service, may be transferred to any other Internal Revenue
    Service appropriation upon the advance approval of the Committees on
    Appropriations of the House of Representatives and the Senate.

    Sec. 102.  The Internal Revenue Service shall maintain an employee
    training program, which shall include the following topics: taxpayers'
    rights, dealing courteously with taxpayers, cross-cultural relations,
    ethics, and the impartial application of tax law.
    Sec. 103.  The <>  Internal Revenue Service shall institute and enforce policies
    and procedures that will safeguard the confidentiality of taxpayer
    information and protect taxpayers against identity theft.

    Sec. 104.  Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make
    improvements to the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to enhance the response time
    to taxpayer communications, particularly with regard to victims of tax-
    related crimes.
    Sec. 105.  The <>  Internal Revenue Service shall
    issue a notice of confirmation of any address change relating to an
    employer

    [[Page 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 <>  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 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 <>  to exceed 2 percent of
    any appropriation made available in this Act to the Internal Revenue
    Service may be transferred to the Treasury Inspector General for Tax
    Administration's appropriation upon the advance approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate:  Provided, That no transfer may increase or decrease any such
    appropriation by more than 2 percent.

    Sec. 114.  None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
    Sec. 115.  The Secretary of the Treasury may transfer funds from the
    ``Bureau of the Fiscal Service--Salaries and Expenses'' to the Debt
    Collection Fund as necessary to cover the costs of debt
    collection: <>   Provided, That such amounts shall
    be reimbursed to such salaries and expenses account from debt
    collections received in the Debt Collection Fund.

    Sec. 116.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States Mint
    to construct or operate any museum without the explicit approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate, the House Committee on Financial Services, and the Senate
    Committee on Banking, Housing, and Urban Affairs.
    Sec. 117.  None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; and the Committees on Appropriations of the House of
    Representatives and the Senate.
    Sec. 118.  Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    intelligence or intelligence related activities are deemed to be
    specifically authorized by the Congress for purposes of section 504 of
    the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
    2021 until the enactment of the Intelligence Authorization Act for
    Fiscal Year 2021.
    Sec. 119.  Not to exceed $5,000 shall be made available from the
    Bureau of Engraving and Printing's Industrial Revolving Fund for
    necessary official reception and representation expenses.
    Sec. 120.  The <>  Secretary of the Treasury
    shall submit a Capital Investment Plan to the Committees on
    Appropriations of the House of Representatives and the Senate not later
    than 30 days following the submission of the annual budget submitted by
    the President:  Provided, That such Capital Investment Plan shall
    include capital investment spending from all accounts within the
    Department of the Treasury, including but not limited to the Department-
    wide Systems and Capital Investment Programs account, Treasury Franchise
    Fund account, and the Treasury Forfeiture Fund account:

    [[Page 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 <>  45 days after the date of
    enactment of this Act, the Secretary of the Treasury shall submit an
    itemized report to the Committees on Appropriations of the House of
    Representatives and the Senate on the amount of total funds charged to
    each office by the Franchise Fund including the amount charged for each
    service provided by the Franchise Fund to each office, a detailed
    description of the services, a detailed explanation of how each charge
    for each service is calculated, and a description of the role customers
    have in governing in the Franchise Fund.

    Sec. 122.  During <>  fiscal year
    2021--
    (1) none of the funds made available in this or any other
    Act may be used by the Department of the Treasury, including the
    Internal Revenue Service, to issue, revise, or finalize any
    regulation, revenue ruling, or other guidance not limited to a
    particular taxpayer relating to the standard which is used to
    determine whether an organization is operated exclusively for
    the promotion of social welfare for purposes of section
    501(c)(4) of the Internal Revenue Code of 1986 (including the
    proposed regulations published at 78 Fed. Reg. 71535 (November
    29, 2013)); and
    (2) <>  the standard
    and definitions as in effect on January 1, 2010, which are used
    to make such determinations shall apply after the date of the
    enactment of this Act for purposes of determining status under
    section 501(c)(4) of such Code of organizations created on,
    before, or after such date.

    Sec. 123. (a) <>  Not later than 60
    days after the end of each quarter, the Office of Financial Stability
    and the Office of Financial Research shall submit reports on their
    activities to the Committees on Appropriations of the House of
    Representatives and the Senate, the Committee on Financial Services of
    the House of Representatives and the Senate Committee on Banking,
    Housing, and Urban Affairs.

    (b) The reports required under subsection (a) shall include--
    (1) the obligations made during the previous quarter by
    object class, office, and activity;
    (2) <>  the estimated obligations for the
    remainder of the fiscal year by object class, office, and
    activity;
    (3) the number of full-time equivalents within each office
    during the previous quarter;
    (4) <>  the estimated number of full-time
    equivalents within each office for the remainder of the fiscal
    year; and
    (5) actions taken to achieve the goals, objectives, and
    performance measures of each office.

    (c) <>  At the request of any such Committees
    specified in subsection (a), the Office of Financial Stability and the
    Office of Financial Research shall make officials available to testify
    on the contents of the reports required under subsection (a).

    Sec. 124.  In addition to the amounts otherwise made available to
    the Department of the Treasury, $25,000,000, to remain available until
    expended, shall be for expenses associated with digitization and
    distribution of the Department's records of matured savings bonds that
    have not been redeemed.
    This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2021''.

    [[Page 1391]]

    TITLE II <>

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
    PRESIDENT

    The White House

    salaries and expenses

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

    Executive Residence at the White House

    operating expenses

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

    reimbursable expenses

    For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary:  Provided, That all
    reimbursable operating expenses of the Executive Residence shall be made
    in accordance with the provisions of this paragraph:  Provided further,
    That, notwithstanding any other provision of law, such amount for
    reimbursable operating expenses shall be the exclusive authority of the
    Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses:  Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended:  Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year:  Provided further, That <>  the
    Executive Residence shall ensure that a written notice of any amount
    owed for a reimbursable operating expense under this paragraph is
    submitted to the person owing such amount within 60 days after such
    expense is incurred, and that such amount is collected within 30 days
    after the submission of such notice:  Provided further,
    That <>  the Executive Residence shall
    charge interest and assess penalties and other charges on any such
    amount that is not reimbursed within such 30 days, in accordance with
    the interest and penalty provisions applicable to an outstanding debt

    [[Page 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: <>   Provided further, That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial events,
    the amount of such total that consists of reimbursable political events,
    and the portion of each such amount that has been reimbursed as of the
    date of the report:  Provided further, That <>  the
    Executive Residence shall maintain a system for the tracking of expenses
    related to reimbursable events within the Executive Residence that
    includes a standard for the classification of any such expense as
    political or nonpolitical:  Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

    White House Repair and Restoration

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

    Council of Economic Advisers

    salaries and expenses

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

    National Security Council and Homeland Security Council

    salaries and expenses

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

    Office of Administration

    salaries and expenses

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

    [[Page 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 <>  the Office of
    Management and Budget shall have not more than 60 days in which to
    perform budgetary policy reviews of water resource matters on which the
    Chief of Engineers has reported:  Provided further,
    That <>  the Director of the Office of Management
    and Budget shall notify the appropriate authorizing and appropriating
    committees when the 60-day review is initiated:  Provided further,
    That <>  if water resource reports have not been
    transmitted to the appropriate authorizing and appropriating committees
    within 15 days after the end of the Office of Management and Budget
    review period based on the notification from the Director, Congress
    shall assume Office of Management and Budget concurrence with the report
    and act accordingly.

    [[Page 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 <>  the Office is authorized to
    accept, hold, administer, and utilize gifts, both real and personal,
    public and private, without fiscal year limitation, for the purpose of
    aiding or facilitating the work of the Office.

    federal drug control programs

    high intensity drug trafficking areas program

    (including transfers of funds)

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

    [[Page 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: <>   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 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 <>  funds made available in
    this Act under the headings ``The White House'', ``Executive Residence
    at the White House'', ``White House Repair and Restoration'', ``Council
    of Economic Advisers'', ``National Security Council and Homeland
    Security Council'', ``Office of Administration'', ``Special Assistance
    to the President'', and ``Official Residence of the Vice President'',
    the Director of the Office of Management and Budget (or such other
    officer as the President may designate in writing), may, with advance
    approval of the Committees on Appropriations of the House of
    Representatives and the Senate, transfer not to exceed 10 percent of any
    such appropriation to any other such appropriation, to be merged with
    and available for the same time and for the same purposes as the
    appropriation to which transferred:  Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers:  Provided further, That no amount shall be transferred from
    ``Special Assistance to the President'' or ``Official Residence of the
    Vice President'' without the approval of the Vice President.

    Sec. 202. (a) <>  During fiscal
    year 2021, any Executive order or Presidential memorandum issued or
    revoked by the President shall be accompanied by a written statement
    from the Director of the Office of Management and Budget on the
    budgetary impact, including costs, benefits, and revenues, of such order
    or memorandum.

    (b) Any such statement shall include--
    (1) <>  a narrative summary of the budgetary
    impact of such order or memorandum on the Federal Government;
    (2) <>  the impact on mandatory and
    discretionary obligations and outlays as the result of such
    order or memorandum, listed by Federal agency, for each year in
    the 5-fiscal-year period beginning in fiscal year 2021; and
    (3) <>  the impact on revenues of the
    Federal Government as the result of such order or memorandum
    over the 5-fiscal-year period beginning in fiscal year 2021.

    [[Page 1397]]

    (c) <>  If an Executive order or Presidential
    memorandum is issued during fiscal year 2021 due to a national
    emergency, the Director of the Office of Management and Budget may issue
    the statement required by subsection (a) not later than 15 days after
    the date that such order or memorandum is issued.

    (d) <>  The requirement for cost estimates for
    Presidential memoranda shall only apply for Presidential memoranda
    estimated to have a regulatory cost in excess of $100,000,000.

    Sec. 203.  Not <>  later
    than 30 days after the date of enactment of this Act, the Director of
    the Office of Management and Budget shall issue a memorandum to all
    Federal departments, agencies, and corporations directing compliance
    with the provisions in title VII of this Act.

    This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2021''.

    TITLE III <>

    THE JUDICIARY

    Supreme Court of the United States

    salaries and expenses

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

    care of the building and grounds

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

    United States Court of Appeals for the Federal Circuit

    salaries and expenses

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

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

    Sec. 305.  In <>  accordance with 28 U.S.C.
    561-569, and notwithstanding any other provision of law, the United
    States Marshals Service shall provide, for such courthouses as its
    Director may designate in consultation with the Director of the
    Administrative Office of the United States Courts, for purposes of a
    pilot program, the security services that 40 U.S.C. 1315 authorizes the
    Department of Homeland Security to provide, except for the services
    specified in 40 U.S.C. 1315(b)(2)(E). <>  For
    building-specific security services at these courthouses, the Director
    of the Administrative Office of the United States Courts shall reimburse
    the United States Marshals Service rather than the Department of
    Homeland Security.

    Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
    1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the matter
    following paragraph 12--
    (1) in the second sentence (relating to the District of
    Kansas), by striking ``29 years and 6 months'' and inserting
    ``30 years and 6 months''; and

    [[Page 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 <>

    DISTRICT OF COLUMBIA

    Federal Funds

    federal payment for resident tuition support

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

    [[Page 1402]]

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

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

    federal payment to the district of columbia courts

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

    [[Page 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: <>   Provided further, That,
    notwithstanding any other provision of law, this appropriation shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    expenses of other Federal agencies.

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

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

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

    federal payment to the criminal justice coordinating council

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

    federal payment for judicial commissions

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

    federal payment for school improvement

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

    [[Page 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: <>   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 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 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) <>  the
    National Academy of Sciences, in consultation with the National
    Highway Traffic Safety Administration and the Department of
    Defense, completes a study to determine--
    (A) the technical validity of the lateral stability
    and vehicle handling requirements proposed by such
    standard for purposes of reducing the risk of
    Recreational Off-Highway Vehicle (referred to in this
    section as ``ROV'') rollovers in the off-road
    environment, including the repeatability and
    reproducibility of testing for compliance with such
    requirements;
    (B) the number of ROV rollovers that would be
    prevented if the proposed requirements were adopted;
    (C) whether there is a technical basis for the
    proposal to provide information on a point-of-sale
    hangtag about a ROV's rollover resistance on a
    progressive scale; and
    (D) the effect on the utility of ROVs used by the
    United States military if the proposed requirements were
    adopted; and
    (2) <>  a report containing the results of
    the study completed under paragraph (1) is delivered to--
    (A) the Committee on Commerce, Science, and
    Transportation of the Senate;
    (B) the Committee on Energy and Commerce of the
    House of Representatives;
    (C) the Committee on Appropriations of the Senate;
    and
    (D) the Committee on Appropriations of the House of
    Representatives.

    Election Assistance Commission

    salaries and expenses

    (including transfer of funds)

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

    Federal Communications Commission

    salaries and expenses

    For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as

    [[Page 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 <>  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 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 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 <>  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 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 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 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: <>   Provided,
    That such amounts may be transferred and credited to the ``Acquisition
    Services Fund'' or ``Federal Buildings Fund'' to reimburse obligations
    incurred prior to enactment of this Act for the purposes provided herein
    related to the Presidential election in 2020:  Provided further, That
    amounts available under this heading shall be in addition to any other
    amounts available for such purposes: <>   Provided
    further, That in the case where the President-elect is the incumbent
    President or in the case where the Vice-President-elect is the incumbent
    Vice President, $8,900,000 is hereby permanently rescinded, pursuant to
    section 3(g) of the Presidential Transition Act of 1963.

    technology modernization fund

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

    asset proceeds and space management fund

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

    administrative provisions--general services administration

    (including transfer of funds)

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

    [[Page 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: <>   Provided, That any
    proposed transfers shall be approved in advance by the Committees on
    Appropriations of the House of Representatives and the Senate.

    Sec. 522.  Except <>  as otherwise provided in
    this title, funds made available by this Act shall be used to transmit a
    fiscal year 2022 request for United States Courthouse construction only
    if the request: (1) meets the design guide standards for construction as
    established and approved by the General Services Administration, the
    Judicial Conference of the United States, and the Office of Management
    and Budget; (2) reflects the priorities of the Judicial Conference of
    the United States as set out in its approved Courthouse Project
    Priorities plan; and (3) includes a standardized courtroom utilization
    study of each facility to be constructed, replaced, or expanded.

    Sec. 523.  None <>  of the funds provided in
    this Act may be used to increase the amount of occupiable square feet,
    provide cleaning services, security enhancements, or any other service
    usually provided through the Federal Buildings Fund, to any agency that
    does not pay the rate per square foot assessment for space and services
    as determined by the General Services Administration in consideration of
    the Public Buildings Amendments Act of 1972 (Public Law 92-313).

    Sec. 524.  From <>  funds made available under
    the heading ``Federal Buildings Fund, Limitations on Availability of
    Revenue'', claims against the Government of less than $250,000 arising
    from direct construction projects and acquisition of buildings may be
    liquidated from savings effected in other construction projects with
    prior notification to the Committees on Appropriations of the House of
    Representatives and the Senate.

    Sec. 525.  In <>  any
    case in which the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate adopt a resolution granting lease authority pursuant
    to a prospectus transmitted to Congress by the Administrator of the
    General Services Administration under 40 U.S.C. 3307, the Administrator
    shall ensure that the delineated area of procurement is identical to the
    delineated area included in the prospectus for all lease agreements,
    except that, if the Administrator determines that the delineated area of
    the procurement should not be identical to the delineated area included
    in the prospectus, the Administrator shall provide an explanatory
    statement to each of such committees and the Committees on
    Appropriations of the House of Representatives and the Senate prior to
    exercising any lease authority provided in the resolution.

    Sec. 526.  With <>  respect to each
    project funded under the heading ``Major Repairs and Alterations'', and
    with respect to E-Government projects funded under the heading ``Federal
    Citizen Services Fund'', the Administrator of General Services shall
    submit a spending plan and explanation for each project to be undertaken
    to the Committees on Appropriations of the House of Representatives and
    the Senate not later than 60 days after the date of enactment of this
    Act.

    [[Page 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 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 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 <>  the President's Commission on White House
    Fellows, established by Executive Order No. 11183 of October 3, 1964,
    may,

    [[Page 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 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 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: <>   Provided, That during the current
    fiscal year, the President may exempt this appropriation from the
    provisions of 31 U.S.C. 1341, whenever the President deems such action
    to be necessary in the interest of national defense:  Provided further,
    That none of the funds appropriated by this Act may be expended for or
    in connection with the induction of any person into the Armed Forces of
    the United States.

    Small Business Administration

    salaries and expenses

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

    [[Page 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 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 <>  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 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 <>  mail for overseas voting and mail for the blind
    shall continue to be free:  Provided further, That 6-day delivery and
    rural delivery of mail shall continue at not less than the 1983 level:
    Provided further, That none of the funds made available to the Postal
    Service by this Act shall be used to implement any rule, regulation, or
    policy of charging any officer or employee of any State or local child
    support enforcement agency, or any individual participating in a State
    or local program of child support enforcement, a fee for information
    requested or provided concerning an address of a postal customer:
    Provided further, That none of the funds provided in this Act shall be
    used to consolidate or close small rural and other small post offices:
    Provided further, That the Postal Service may not destroy, and shall
    continue to offer for sale, any copies of the Multinational Species
    Conservation Funds Semipostal Stamp, as authorized under the
    Multinational Species Conservation Funds Semipostal Stamp Act of 2010
    (Public Law 111-241).

    office of inspector general

    salaries and expenses

    (including transfer of funds)

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

    United States Tax Court

    salaries and expenses

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

    TITLE VI

    GENERAL PROVISIONS--THIS ACT

    (including rescission of funds)

    Sec. 601.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.

    [[Page 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 <>  expenditure of any
    appropriation under this Act for any consulting service through
    procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
    those contracts where such expenditures are a matter of public record
    and available for public inspection, except where otherwise provided
    under existing law, or under existing Executive order issued pursuant to
    existing law.

    Sec. 604.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    Sec. 605.  None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation, or
    policy that would prohibit the enforcement of section 307 of the Tariff
    Act of 1930 (19 U.S.C. 1307).
    Sec. 606.  No <>  funds appropriated pursuant to
    this Act may be expended by an entity unless the entity agrees that in
    expending the assistance the entity will comply with chapter 83 of title
    41, United States Code.

    Sec. 607.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating chapter 83 of title 41, United States Code.
    Sec. 608.  Except <>  as otherwise provided
    in this Act, none of the funds provided in this Act, provided by
    previous appropriations Acts to the agencies or entities funded in this
    Act that remain available for obligation or expenditure in fiscal year
    2021, or provided from any accounts in the Treasury derived by the
    collection of fees and available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds that: (1) creates a new program; (2) eliminates a program,
    project, or activity; (3) increases funds or personnel for any program,
    project, or activity for which funds have been denied or restricted by
    the Congress; (4) proposes to use funds directed for a specific activity
    by the Committee on Appropriations of either the House of
    Representatives or the Senate for a different purpose; (5) augments
    existing programs, projects, or activities in excess of $5,000,000 or 10
    percent, whichever is less; (6) reduces existing programs, projects, or
    activities by $5,000,000 or 10 percent, whichever is less; or (7)
    creates or reorganizes offices, programs, or activities unless prior
    approval is received from the Committees on Appropriations of the House
    of Representatives and the Senate:  Provided,
    That <>  prior to any significant reorganization,
    restructuring, relocation, or closing of offices, programs, or
    activities, each agency or entity funded in this Act shall consult with
    the Committees on Appropriations of the House of Representatives and the
    Senate:  Provided further, That <>  not later than 60
    days after the date of enactment of this Act, each agency funded by this
    Act shall submit a report to the Committees on Appropriations of the
    House of Representatives and the Senate to establish the baseline

    [[Page 1425]]

    for application of reprogramming and transfer authorities for the
    current fiscal year: <>   Provided further, That
    at a minimum the report shall include: (1) a table for each
    appropriation, detailing both full-time employee equivalents and budget
    authority, with separate columns to display the prior year enacted
    level, the President's budget request, adjustments made by Congress,
    adjustments due to enacted rescissions, if appropriate, and the fiscal
    year enacted level; (2) a delineation in the table for each
    appropriation and its respective prior year enacted level by object
    class and program, project, and activity as detailed in this Act, in the
    accompanying report, or in the budget appendix for the respective
    appropriation, whichever is more detailed, and which shall apply to all
    items for which a dollar amount is specified and to all programs for
    which new budget authority is provided, as well as to discretionary
    grants and discretionary grant allocations; and (3) an identification of
    items of special congressional interest: <>   Provided
    further, That the amount appropriated or limited for salaries and
    expenses for an agency shall be reduced by $100,000 per day for each day
    after the required date that the report has not been submitted to the
    Congress.

    Sec. 609.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2021 from appropriations made available for salaries and
    expenses for fiscal year 2021 in this Act, shall remain available
    through September 30, 2022, for each such account for the purposes
    authorized: <>   Provided, That a request shall
    be submitted to the Committees on Appropriations of the House of
    Representatives and the Senate for approval prior to the expenditure of
    such funds:  Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.

    Sec. 610. (a) <>  None of the
    funds made available in this Act may be used by the Executive Office of
    the President to request--
    (1) any official background investigation report on any
    individual from the Federal Bureau of Investigation; or
    (2) <>  a determination
    with respect to the treatment of an organization as described in
    section 501(c) of the Internal Revenue Code of 1986 and exempt
    from taxation under section 501(a) of such Code from the
    Department of the Treasury or the Internal Revenue Service.

    (b) Subsection (a) shall not apply--
    (1) <>  in the case of an official
    background investigation report, if such individual has given
    express written consent for such request not more than 6 months
    prior to the date of such request and during the same
    presidential administration; or
    (2) if such request is required due to extraordinary
    circumstances involving national security.

    Sec. 611.  The cost accounting standards promulgated under chapter
    15 of title 41, United States Code shall not apply with respect to a
    contract under the Federal Employees Health Benefits Program established
    under chapter 89 of title 5, United States Code.
    Sec. 612.  For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations

    [[Page 1426]]

    Act) funds made available to the Office of Personnel Management pursuant
    to court approval.
    Sec. 613.  No <>  funds appropriated by this Act
    shall be available to pay for an abortion, or the administrative
    expenses in connection with any health plan under the Federal employees
    health benefits program which provides any benefits or coverage for
    abortions.

    Sec. 614.  The provision of section 613 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
    Sec. 615.  In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in chapter 83 of title 41,
    United States Code (popularly known as the Buy American Act), shall not
    apply to the acquisition by the Federal Government of information
    technology (as defined in section 11101 of title 40, United States
    Code), that is a commercial item (as defined in section 103 of title 41,
    United States Code).
    Sec. 616.  Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-Federal
    entity for travel, subsistence, or related expenses for the purpose of
    enabling an officer or employee to attend and participate in any meeting
    or similar function relating to the official duties of the officer or
    employee when the entity offering payment or reimbursement is a person
    or entity subject to regulation by such agency or commission, or
    represents a person or entity subject to regulation by such agency or
    commission, unless the person or entity is an organization described in
    section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from
    tax under section 501(a) of such Code.
    Sec. 617. (a)(1) <>  Notwithstanding
    any other provision of law, an Executive agency covered by this Act
    otherwise authorized to enter into contracts for either leases or the
    construction or alteration of real property for office, meeting,
    storage, or other space must consult with the General Services
    Administration before issuing a solicitation for offers of new leases or
    construction contracts, and in the case of succeeding leases, before
    entering into negotiations with the current lessor.

    (2) <>  Any such agency with authority to enter
    into an emergency lease may do so during any period declared by the
    President to require emergency leasing authority with respect to such
    agency.

    (b) <>  For purposes of this section, the term
    ``Executive agency covered by this Act'' means any Executive agency
    provided funds by this Act, but does not include the General Services
    Administration or the United States Postal Service.

    Sec. 618. (a) There are appropriated for the following activities
    the amounts required under current law:
    (1) Compensation of the President (3 U.S.C. 102).
    (2) Payments to--
    (A) the Judicial Officers' Retirement Fund (28
    U.S.C. 377(o));
    (B) the Judicial Survivors' Annuities Fund (28
    U.S.C. 376(c)); and
    (C) the United States Court of Federal Claims
    Judges' Retirement Fund (28 U.S.C. 178(l)).
    (3) Payment of Government contributions--

    [[Page 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 <>  of the funds made
    available in this Act may be used by the Federal Trade Commission to
    complete the draft report entitled ``Interagency Working Group on Food
    Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
    Industry Self-Regulatory Efforts'' unless the Interagency Working Group
    on Food Marketed to Children complies with Executive Order No. 13563.

    Sec. 620. (a) The head of each executive branch agency funded by
    this Act shall ensure that the Chief Information Officer of the agency
    has the authority to participate in decisions regarding the budget
    planning process related to information technology.
    (b) <>  Amounts appropriated for any executive
    branch agency funded by this Act that are available for information
    technology shall be allocated within the agency, consistent with the
    provisions of appropriations Acts and budget guidelines and
    recommendations from the Director of the Office of Management and
    Budget, in such manner as specified by, or approved by, the Chief
    Information Officer of the agency in consultation with the Chief
    Financial Officer of the agency and budget officials.

    Sec. 621.  None of the funds made available in this Act may be used
    in contravention of chapter 29, 31, or 33 of title 44, United States
    Code.
    Sec. 622.  None of the funds made available in this Act may be used
    by a governmental entity to require the disclosure by a provider of
    electronic communication service to the public or remote computing
    service of the contents of a wire or electronic communication that is in
    electronic storage with the provider (as such terms are defined in
    sections 2510 and 2711 of title 18, United States Code) in a manner that
    violates the Fourth Amendment to the Constitution of the United States.
    Sec. 623.  None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change the
    rules or regulations of the Commission for universal service high-cost
    support for competitive eligible telecommunications carriers in a way
    that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
    of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
    Provided, That this section shall not prohibit the Commission from
    considering, developing, or adopting other support mechanisms as an
    alternative to Mobility Fund Phase II.

    [[Page 1428]]

    Sec. 624.  No <>  funds provided in this Act shall
    be used to deny an Inspector General funded under this Act timely access
    to any records, documents, or other materials available to the
    department or agency over which that Inspector General has
    responsibilities under the Inspector General Act of 1978, or to prevent
    or impede that Inspector General's access to such records, documents, or
    other materials, under any provision of law, except a provision of law
    that expressly refers to the Inspector General and expressly limits the
    Inspector General's right of access. A department or agency covered by
    this section shall provide its Inspector General with access to all such
    records, documents, and other materials in a timely manner. Each
    Inspector General shall ensure compliance with statutory limitations on
    disclosure relevant to the information provided by the establishment
    over which that Inspector General has responsibilities under the
    Inspector General Act of 1978. <>  Each
    Inspector General covered by this section shall report to the Committees
    on Appropriations of the House of Representatives and the Senate within
    5 calendar days any failures to comply with this requirement.

    Sec. 625. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution,
    adjudication activities, or other law enforcement- or victim assistance-
    related activity.
    Sec. 626.  None <>  of the funds
    appropriated or other-wise made available by this Act may be used to pay
    award or incentive fees for contractors whose performance has been
    judged to be below satisfactory, behind schedule, over budget, or has
    failed to meet the basic requirements of a contract, unless the Agency
    determines that any such deviations are due to unforeseeable events,
    government-driven scope changes, or are not significant within the
    overall scope of the project and/or program and unless such awards or
    incentive fees are consistent with 16.401(e)(2) of the Federal
    Acquisition Regulation.

    Sec. 627. (a) <>  None of the funds made
    available under this Act may be used to pay for travel and conference
    activities that result in a total cost to an Executive branch
    department, agency, board or commission funded by this Act of more than
    $500,000 at any single conference unless the agency or entity determines
    that such attendance is in the national interest and advance notice is
    transmitted to the Committees on Appropriations of the House of
    Representatives and the Senate that includes the basis of that
    determination.

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

    [[Page 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 <>  of the funds made available
    by this Act may be obligated on contracts in excess of $5,000 for public
    relations, as that term is defined in Office and Management and Budget
    Circular A-87 (revised May 10, 2004), unless advance notice of such an
    obligation is transmitted to the Committees on Appropriations of the
    House of Representatives and the Senate.

    Sec. 631.  None of the funds made available by this Act shall be
    used by the Securities and Exchange Commission to finalize, issue, or
    implement any rule, regulation, or order regarding the disclosure of
    political contributions, contributions to tax exempt organizations, or
    dues paid to trade associations.
    Sec. 632.  Federal <>  agencies funded under
    this Act shall clearly state within the text, audio, or video used for
    advertising or educational purposes, including emails or Internet
    postings, that the communication is printed, published, or produced and
    disseminated at U.S. taxpayer expense. The funds used by a Federal
    agency to carry out this requirement shall be derived from amounts made
    available to the agency for advertising or other communications
    regarding the programs and activities of the agency.

    Sec. 633.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this act, shall clearly state--
    (1) the percentage of the total costs of the program or
    project which will be financed with Federal money;
    (2) the dollar amount of Federal funds for the project or
    program; and
    (3) percentage and dollar amount of the total costs of the
    project or program that will be financed by non-governmental
    sources.

    Sec. 634.  Of the unobligated balances available in the Department
    of the Treasury, Treasury Forfeiture Fund, established by section 9703
    of title 31, United States Code, $75,000,000 shall be permanently
    rescinded not later than September 30, 2021.
    Sec. 635.  Not <>  later than 45 days after the last
    day of each quarter, each agency funded in this Act shall submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives a quarterly budget report that includes total
    obligations of the Agency for that quarter for each appropriation, by
    the source year of the appropriation.

    [[Page 1430]]

    TITLE VII

    GENERAL PROVISIONS--GOVERNMENT-WIDE

    Departments, Agencies, and Corporations

    (including transfer of funds)

    Sec. 701.  No <>  department, agency, or
    instrumentality of the United States receiving appropriated funds under
    this or any other Act for fiscal year 2021 shall obligate or expend any
    such funds, unless such department, agency, or instrumentality has in
    place, and will continue to administer in good faith, a written policy
    designed to ensure that all of its workplaces are free from the illegal
    use, possession, or distribution of controlled substances (as defined in
    the Controlled Substances Act (21 U.S.C. 802)) by the officers and
    employees of such department, agency, or instrumentality.

    Sec. 702.  Unless <>  otherwise
    specifically provided, the maximum amount allowable during the current
    fiscal year in accordance with subsection 1343(c) of title 31, United
    States Code, for the purchase of any passenger motor vehicle (exclusive
    of buses, ambulances, law enforcement vehicles, protective vehicles, and
    undercover surveillance vehicles), is hereby fixed at $19,947 except
    station wagons for which the maximum shall be $19,997:  Provided, That
    these limits may be exceeded by not to exceed $7,250 for police-type
    vehicles:  Provided further, That the limits set forth in this section
    may not be exceeded by more than 5 percent for electric or hybrid
    vehicles purchased for demonstration under the provisions of the
    Electric and Hybrid Vehicle Research, Development, and Demonstration Act
    of 1976:  Provided further, That the limits set forth in this section
    may be exceeded by the incremental cost of clean alternative fuels
    vehicles acquired pursuant to Public Law 101-549 over the cost of
    comparable conventionally fueled vehicles:  Provided further, That the
    limits set forth in this section shall not apply to any vehicle that is
    a commercial item and which operates on alternative fuel, including but
    not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
    vehicles.

    Sec. 703.  Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
    Sec. 704.  Unless <>  otherwise specified in
    law during the current fiscal year, no part of any appropriation
    contained in this or any other Act shall be used to pay the compensation
    of any officer or employee of the Government of the United States
    (including any agency the majority of the stock of which is owned by the
    Government of the United States) whose post of duty is in the
    continental United States unless such person: (1) is a citizen of the
    United States; (2) is a person who is lawfully admitted for permanent
    residence and is seeking citizenship as outlined in 8 U.S.C.
    1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
    U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
    declaration of intention to become a lawful permanent resident and then
    a citizen when eligible; or (4) is a person

    [[Page 1431]]

    who owes allegiance to the United States: <>
    Provided, That for purposes of this section, affidavits signed by any
    such person shall be considered prima facie evidence that the
    requirements of this section with respect to his or her status are being
    complied with:  Provided further, That <>  for
    purposes of subsections (2) and (3) such affidavits shall be submitted
    prior to employment and updated thereafter as
    necessary: <>   Provided further, That any person
    making a false affidavit shall be guilty of a felony, and upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both:  Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law:  Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section shall
    be recoverable in action by the Federal Government:  Provided further,
    That <>  this section shall not apply to any person
    who is an officer or employee of the Government of the United States on
    the date of enactment of this Act, or to international broadcasters
    employed by the Broadcasting Board of Governors, or to temporary
    employment of translators, or to temporary employment in the field
    service (not to exceed 60 days) as a result of emergencies:  Provided
    further, That <>  this section does not apply to the
    employment as Wildland firefighters for not more than 120 days of
    nonresident aliens employed by the Department of the Interior or the
    USDA Forest Service pursuant to an agreement with another country.

    Sec. 705.  Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
    Sec. 706.  In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
    (1) Acquisition, waste reduction and prevention, and
    recycling programs as described in Executive Order No. 13834
    (May 17, 2018), including any such programs adopted prior to the
    effective date of the Executive order.
    (2) Other Federal agency environmental management programs,
    including, but not limited to, the development and
    implementation of hazardous waste management and pollution
    prevention programs.
    (3) Other employee programs as authorized by law or as
    deemed appropriate by the head of the Federal agency.

    Sec. 707.  Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable

    [[Page 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 <>  the period in which the
    head of any department or agency, or any other officer or civilian
    employee of the Federal Government appointed by the President of the
    United States, holds office, no funds may be obligated or expended in
    excess of $5,000 to furnish or redecorate the office of such department
    head, agency head, officer, or employee, or to purchase furniture or
    make improvements for any such office, unless advance notice of such
    furnishing or redecoration is transmitted to the Committees on
    Appropriations of the House of Representatives and the
    Senate. <>  For the purposes of this section, the
    term ``office'' shall include the entire suite of offices assigned to
    the individual, as well as any other space used primarily by the
    individual or the use of which is directly controlled by the individual.

    Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of national
    security and emergency preparedness telecommunications initiatives which
    benefit multiple Federal departments, agencies, or entities, as provided
    by Executive Order No. 13618 (July 6, 2012).
    Sec. 712. (a) <>  None of the funds made
    available by this or any other Act may be obligated or expended by any
    department, agency, or other instrumentality of the Federal Government
    to pay the salaries or expenses of any individual appointed to a
    position of a confidential or policy-determining character that is
    excepted from the competitive service under section 3302 of title 5,
    United States Code, (pursuant to schedule C of subpart C of part 213 of
    title 5 of the Code of Federal Regulations) unless the head of the
    applicable department, agency, or other instrumentality employing such
    schedule C individual certifies to the Director of the Office of
    Personnel Management that the schedule C position occupied by the
    individual was not created solely or primarily in order to detail the
    individual to the White House.

    (b) The provisions of this section shall not apply to Federal
    employees or members of the armed forces detailed to or from an element
    of the intelligence community (as that term is defined under section
    3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
    Sec. 713.  No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--

    [[Page 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 <>  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 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 <>  part of any appropriation
    contained in this or any other Act shall be used directly or indirectly,
    including by private contractor, for publicity or propaganda purposes
    within the United States not heretofore authorized by Congress.

    Sec. 719. (a) <>  In this section, the term
    ``agency''--
    (1) means an Executive agency, as defined under 5 U.S.C.
    105; and
    (2) includes a military department, as defined under section
    102 of such title, the United States Postal Service, and the
    Postal Regulatory Commission.

    (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
    effort and a reasonable proportion of such employee's time in the
    performance of official duties.
    Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.
    Sec. 721.  Notwithstanding <>  31 U.S.C. 1346
    and section 708 of this Act, the head of each Executive department and
    agency is hereby authorized to transfer to or reimburse ``General
    Services Administration, Government-wide Policy'' with the approval of
    the Director of the Office of Management and Budget, funds made
    available for the current fiscal year by this or any other Act,
    including rebates from charge card and other contracts:  Provided, That
    these <>  funds shall be administered by the
    Administrator of General Services to support Government-wide and other
    multi-agency financial, information technology, procurement, and other
    management innovations, initiatives, and activities, including improving
    coordination and reducing duplication, as approved by the Director of
    the Office of Management and Budget, in consultation with the
    appropriate interagency and multi-agency groups designated by the
    Director (including the President's Management Council for overall
    management improvement initiatives, the Chief Financial Officers Council
    for financial management initiatives, the Chief Information Officers
    Council for information technology initiatives, the Chief Human Capital
    Officers Council for human capital initiatives, the Chief Acquisition
    Officers Council for procurement initiatives, and the Performance
    Improvement Council for performance improvement initiatives):  Provided
    further, That the total funds transferred or reimbursed shall not exceed
    $15,000,000 to improve coordination, reduce duplication, and for other
    activities related to Federal Government Priority Goals established by
    31 U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
    innovations, initiatives, and activities:  Provided further, That the
    funds transferred to or for reimbursement of ``General Services
    Administration, Government-wide Policy'' during fiscal year 2021 shall
    remain available for obligation through September 30, 2022:

    [[Page 1435]]

    Provided further, That <>  such
    transfers or reimbursements may only be made after 15 days following
    notification of the Committees on Appropriations of the House of
    Representatives and the Senate by the Director of the Office of
    Management and Budget.

    Sec. 722.  Notwithstanding <>  any other
    provision of law, a woman may breastfeed her child at any location in a
    Federal building or on Federal property, if the woman and her child are
    otherwise authorized to be present at the location.

    Sec. 723.  Notwithstanding 31 U.S.C. 1346, or section 708 of this
    Act, funds made available for the current fiscal year by this or any
    other Act shall be available for the interagency funding of specific
    projects, workshops, studies, and similar efforts to carry out the
    purposes of the National Science and Technology Council (authorized by
    Executive Order No. 12881), which benefit multiple Federal departments,
    agencies, or entities: <>   Provided, That the Office of
    Management and Budget shall provide a report describing the budget of
    and resources connected with the National Science and Technology Council
    to the Committees on Appropriations, the House Committee on Science,
    Space, and Technology, and the Senate Committee on Commerce, Science,
    and Transportation 90 days after enactment of this Act.

    Sec. 724.  Any <>  request for proposals,
    solicitation, grant application, form, notification, press release, or
    other publications involving the distribution of Federal funds shall
    comply with any relevant requirements in part 200 of title 2, Code of
    Federal Regulations:  Provided, That <>  this
    section shall apply to direct payments, formula funds, and grants
    received by a State receiving Federal funds.

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

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

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

    [[Page 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) <>  None of the funds appropriated by this Act may
    be used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.

    (b) <>  Nothing in this section shall apply to a
    contract with--
    (1) any of the following religious plans:
    (A) Personal Care's HMO; and
    (B) OSF HealthPlans, Inc.; and
    (2) any existing or future plan, if the carrier for the plan
    objects to such coverage on the basis of religious beliefs.

    (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
    (d) <>  Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

    Sec. 727.  The <>  United States is committed to
    ensuring the health of its Olympic, Pan American, and Paralympic
    athletes, and supports the strict adherence to anti-doping in sport
    through testing, adjudication, education, and research as performed by
    nationally recognized oversight authorities.

    Sec. 728.  Notwithstanding any other provision of law, funds
    appropriated for official travel to Federal departments and agencies may
    be used by such departments and agencies, if consistent with Office of
    Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
    Sec. 729.  Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel Management
    to add sections 300.311 through 300.316 to part 300 of title 5 of the
    Code of Federal Regulations, published in the Federal Register, volume
    68, number 174, on September 9, 2003 (relating to the detail of
    executive branch employees to the legislative branch).
    Sec. 730.  Notwithstanding <>
    any other provision of law, no executive branch agency shall purchase,
    construct, or lease any additional facilities, except within or
    contiguous to existing locations, to be used for the purpose of
    conducting Federal law enforcement training without the advance approval
    of the Committees on Appropriations of the House of Representatives and
    the Senate, except that the Federal Law Enforcement Training Center is
    authorized to obtain the temporary use of additional facilities by
    lease, contract, or other agreement for training which cannot be
    accommodated in existing Center facilities.

    Sec. 731.  Unless <>  otherwise authorized by
    existing law, none of the funds provided in this or any other Act may be
    used by an executive branch agency to produce any prepackaged news story

    [[Page 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) <>  In General.--None of the funds
    appropriated or otherwise made available by this or any other Act may be
    used for any Federal Government contract with any foreign incorporated
    entity which is treated as an inverted domestic corporation under
    section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
    any subsidiary of such an entity.

    (b) Waivers.--
    (1) <>  In general.--Any Secretary
    shall waive subsection (a) with respect to any Federal
    Government contract under the authority of such Secretary if the
    Secretary determines that the waiver is required in the interest
    of national security.
    (2) Report to congress.--Any Secretary issuing a waiver
    under paragraph (1) shall report such issuance to Congress.

    (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
    Sec. 734.  During fiscal year 2021, for each employee who--
    (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
    title 5, United States Code; or
    (2) retires under any other provision of subchapter III of
    chapter 83 or chapter 84 of such title 5 and receives a payment
    as an incentive to separate, the separating agency shall remit
    to the Civil Service Retirement and Disability Fund an amount
    equal to the Office of Personnel Management's average unit cost
    of processing a retirement claim for the preceding fiscal year.
    Such amounts shall be available until expended to the Office of
    Personnel Management and shall be deemed to be an administrative
    expense under section 8348(a)(1)(B) of title 5, United States
    Code.

    Sec. 735. (a) <>  None of the funds made available
    in this or any other Act may be used to recommend or require any entity
    submitting an offer for a Federal contract to disclose any of the
    following information as a condition of submitting the offer:
    (1) Any payment consisting of a contribution, expenditure,
    independent expenditure, or disbursement for an electioneering
    communication that is made by the entity, its officers or
    directors, or any of its affiliates or subsidiaries to a
    candidate for election for Federal office or to a political
    committee, or that is otherwise made with respect to any
    election for Federal office.
    (2) Any disbursement of funds (other than a payment
    described in paragraph (1)) made by the entity, its officers or
    directors, or any of its affiliates or subsidiaries to any
    person with the intent or the reasonable expectation that the
    person will use the funds to make a payment described in
    paragraph (1).

    (b) <>  In this section, each of the terms
    ``contribution'', ``expenditure'', ``independent expenditure'',
    ``electioneering communication'', ``candidate'', ``election'', and
    ``Federal office'' has the meaning given

    [[Page 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) <>  Notwithstanding any
    other provision of law, and except as otherwise provided in this
    section, no part of any of the funds appropriated for fiscal year 2021,
    by this or any other Act, may be used to pay any prevailing rate
    employee described in section 5342(a)(2)(A) of title 5, United States
    Code--
    (A) during the period from the date of expiration of the
    limitation imposed by the comparable section for the previous
    fiscal years until the normal effective date of the applicable
    wage survey adjustment that is to take effect in fiscal year
    2021, in an amount that exceeds the rate payable for the
    applicable grade and step of the applicable wage schedule in
    accordance with such section; and
    (B) during the period consisting of the remainder of fiscal
    year 2021, in an amount that exceeds, as a result of a wage
    survey adjustment, the rate payable under subparagraph (A) by
    more than the sum of--
    (i) the percentage adjustment taking effect in
    fiscal year 2021 under section 5303 of title 5, United
    States Code, in the rates of pay under the General
    Schedule; and
    (ii) the difference between the overall average
    percentage of the locality-based comparability payments
    taking effect in fiscal year 2021 under section 5304 of
    such title (whether by adjustment or otherwise), and the
    overall average percentage of such payments which was
    effective in the previous fiscal year under such
    section.

    (2) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which paragraph (1) is in
    effect at a rate that exceeds the rates that would be payable under
    paragraph (1) were paragraph (1) applicable to such employee.
    (3) <>  For the purposes of this
    subsection, the rates payable to an employee who is covered by this
    subsection and who is paid from a schedule not in existence on September
    30, 2020, shall be determined under regulations prescribed by the Office
    of Personnel Management.

    (4) Notwithstanding any other provision of law, rates of premium pay
    for employees subject to this subsection may not be changed from the
    rates in effect on September 30, 2020, except to the extent determined
    by the Office of Personnel Management to be consistent with the purpose
    of this subsection.
    (5) <>  This subsection shall apply with
    respect to pay for service performed after September 30, 2020.

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

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

    Sec. 738. (a) <>  The head of any
    Executive branch department, agency, board, commission, or office funded
    by this or any other appropriations Act shall submit annual reports to
    the Inspector General or senior ethics official for any entity without
    an Inspector General, regarding the costs and contracting procedures
    related to each conference held by any such department, agency, board,
    commission, or office during fiscal year 2021 for which the cost to the
    United States Government was more than $100,000.

    (b) Each report submitted shall include, for each conference
    described in subsection (a) held during the applicable period--
    (1) a description of its purpose;
    (2) the number of participants attending;
    (3) <>  a detailed statement of the costs
    to the United States Government, including--
    (A) the cost of any food or beverages;
    (B) the cost of any audio-visual services;
    (C) the cost of employee or contractor travel to and
    from the conference; and
    (D) a discussion of the methodology used to
    determine which costs relate to the conference; and
    (4) a description of the contracting procedures used
    including--
    (A) whether contracts were awarded on a competitive
    basis; and

    [[Page 1440]]

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

    (c) <>  Within 15 days
    after the end of a quarter, the head of any such department, agency,
    board, commission, or office shall notify the Inspector General or
    senior ethics official for any entity without an Inspector General, of
    the date, location, and number of employees attending a conference held
    by any Executive branch department, agency, board, commission, or office
    funded by this or any other appropriations Act during fiscal year 2021
    for which the cost to the United States Government was more than
    $20,000.

    (d) <>  A grant or contract funded by
    amounts appropriated by this or any other appropriations Act may not be
    used for the purpose of defraying the costs of a conference described in
    subsection (c) that is not directly and programmatically related to the
    purpose for which the grant or contract was awarded, such as a
    conference held in connection with planning, training, assessment,
    review, or other routine purposes related to a project funded by the
    grant or contract.

    (e) None of the funds made available in this or any other
    appropriations Act may be used for travel and conference activities that
    are not in compliance with Office of Management and Budget Memorandum M-
    12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
    Sec. 739.  None of the funds made available in this or any other
    appropriations Act may be used to increase, eliminate, or reduce funding
    for a program, project, or activity as proposed in the President's
    budget request for a fiscal year until such proposed change is
    subsequently enacted in an appropriation Act, or unless such change is
    made pursuant to the reprogramming or transfer provisions of this or any
    other appropriations Act.
    Sec. 740.  None of the funds made available by this or any other Act
    may be used to implement, administer, enforce, or apply the rule
    entitled ``Competitive Area'' published by the Office of Personnel
    Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
    et seq.).
    Sec. 741.  None of the funds appropriated or otherwise made
    available by this or any other Act may be used to begin or announce a
    study or public-private competition regarding the conversion to
    contractor performance of any function performed by Federal employees
    pursuant to Office of Management and Budget Circular A-76 or any other
    administrative regulation, directive, or policy.
    Sec. 742. (a) <>  None of the funds appropriated or otherwise made
    available by this or any other Act may be available for a contract,
    grant, or cooperative agreement with an entity that requires employees
    or contractors of such entity seeking to report fraud, waste, or abuse
    to sign internal confidentiality agreements or statements prohibiting or
    otherwise restricting such employees or contractors from lawfully
    reporting such waste, fraud, or abuse to a designated investigative or
    law enforcement representative of a Federal department or agency
    authorized to receive such information.

    (b) The limitation in subsection (a) shall not contravene
    requirements applicable to Standard Form 312, Form 4414, or any other
    form issued by a Federal department or agency governing the
    nondisclosure of classified information.

    [[Page 1441]]

    Sec. 743. (a) <>  No funds
    appropriated in this or any other Act may be used to implement or
    enforce the agreements in Standard Forms 312 and 4414 of the Government
    or any other nondisclosure policy, form, or agreement if such policy,
    form, or agreement does not contain the following provisions: ``These
    provisions are consistent with and do not supersede, conflict with, or
    otherwise alter the employee obligations, rights, or liabilities created
    by existing statute or Executive order relating to (1) classified
    information, (2) communications to Congress, (3) the reporting to an
    Inspector General of a violation of any law, rule, or regulation, or
    mismanagement, a gross waste of funds, an abuse of authority, or a
    substantial and specific danger to public health or safety, or (4) any
    other whistleblower protection. The definitions, requirements,
    obligations, rights, sanctions, and liabilities created by controlling
    Executive orders and statutory provisions are incorporated into this
    agreement and are controlling.'':  Provided, That notwithstanding the
    preceding provision of this section, a nondisclosure policy form or
    agreement that is to be executed by a person connected with the conduct
    of an intelligence or intelligence-related activity, other than an
    employee or officer of the United States Government, may contain
    provisions appropriate to the particular activity for which such
    document is to be used. Such form or agreement shall, at a minimum,
    require that the person will not disclose any classified information
    received in the course of such activity unless specifically authorized
    to do so by the United States Government. Such nondisclosure forms shall
    also make it clear that they do not bar disclosures to Congress, or to
    an authorized official of an executive agency or the Department of
    Justice, that are essential to reporting a substantial violation of law.

    (b) A nondisclosure agreement may continue to be implemented and
    enforced notwithstanding subsection (a) if it complies with the
    requirements for such agreement that were in effect when the agreement
    was entered into.
    (c) No funds appropriated in this or any other Act may be used to
    implement or enforce any agreement entered into during fiscal year 2014
    which does not contain substantially similar language to that required
    in subsection (a).
    Sec. 744.
    None <>  of the funds made available by this or any
    other Act may be used to enter into a contract, memorandum of
    understanding, or cooperative agreement with, make a grant to, or
    provide a loan or loan guarantee to, any corporation that has any unpaid
    Federal tax liability that has been assessed, for which all judicial and
    administrative remedies have been exhausted or have lapsed, and that is
    not being paid in a timely manner pursuant to an agreement with the
    authority responsible for collecting the tax liability, where the
    awarding agency is aware of the unpaid tax liability, unless a Federal
    agency has considered suspension or debarment of the corporation and has
    made a determination that this further action is not necessary to
    protect the interests of the Government.

    Sec. 745.
    None <>  of the funds made available
    by this or any other Act may be used to enter into a contract,
    memorandum of understanding, or cooperative agreement with, make a grant
    to, or provide a loan or loan guarantee to, any corporation that was
    convicted of a felony criminal violation under any Federal law within
    the preceding 24 months, where the awarding agency is aware of the
    conviction, unless a Federal agency has considered

    [[Page 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) <>  During fiscal year 2021, on
    the date on which a request is made for a transfer of funds in
    accordance with section 1017 of Public Law 111-203, the Bureau of
    Consumer Financial Protection shall notify the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Committee on Financial Services of the House of Representatives, and the
    Committee on Banking, Housing, and Urban Affairs of the Senate of such
    request.

    (b) <>  Any
    notification required by this section shall be made available on the
    Bureau's public website.

    Sec. 747.  If, for fiscal year 2021, new budget authority provided
    in appropriations Acts exceeds the discretionary spending limit for any
    category set forth in section 251(c) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 due to estimating differences with
    the Congressional Budget Office, an adjustment to the discretionary
    spending limit in such category for fiscal year 2021 shall be made by
    the Director of the Office of Management and Budget in the amount of the
    excess but the total of all such adjustments shall not exceed 0.2
    percent of the sum of the adjusted discretionary spending limits for all
    categories for that fiscal year.
    Sec. 748. (a) <>  Notwithstanding any
    official rate adjusted under section 104 of title 3, United States Code,
    the rate payable to the Vice President during calendar year 2021 shall
    be the rate payable to the Vice President on December 31, 2020, by
    operation of section 749 of division C of Public Law 116-93.

    (b) Notwithstanding any official rate adjusted under section 5318 of
    title 5, United States Code, or any other provision of law, the payable
    rate during calendar year 2021 for an employee serving in an Executive
    Schedule position, or in a position for which the rate of pay is fixed
    by statute at an Executive Schedule rate, shall be the rate payable for
    the applicable Executive Schedule level on December 31, 2020, by
    operation of section 749 of division C of Public Law 116-93. Such an
    employee may not receive a rate increase during calendar year 2021,
    except as provided in subsection (i).
    (c) Notwithstanding section 401 of the Foreign Service Act of 1980
    (Public Law 96-465) or any other provision of law, a chief of mission or
    ambassador at large is subject to subsection (b) in the same manner as
    other employees who are paid at an Executive Schedule rate.
    (d)(1) <>  This subsection applies to--
    (A) a noncareer appointee in the Senior Executive
    Service paid a rate of basic pay at or above the
    official rate for level IV of the Executive Schedule; or
    (B) a limited term appointee or limited emergency
    appointee in the Senior Executive Service serving under
    a political appointment and paid a rate of basic pay at
    or above the official rate for level IV of the Executive
    Schedule.
    (2) Notwithstanding sections 5382 and 5383 of title 5,
    United States Code, an employee described in paragraph (1) may
    not receive a pay rate increase during calendar year 2021,
    except as provided in subsection (i).

    [[Page 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. <>  Any such increase must be based on
    the rates of pay and applicable limitations on payable rates of pay in
    effect on December 31, 2020, by operation of section 749 of division C
    of Public Law 116-93.

    (j) <>  Notwithstanding any other provision
    of law, for an individual who is newly appointed to a covered position
    during the period of time subject to this section, the initial pay rate
    shall be based on the rates of pay and applicable limitations on payable
    rates of pay in effect on December 31, 2020, by operation of section 749
    of division C of Public Law 116-93.

    (k) <>  If an employee affected by this
    section is subject to a biweekly pay period that begins in calendar year
    2021 but ends in calendar year 2022, the bar on the employee's receipt
    of pay rate increases shall apply through the end of that pay period.

    (l) <>  For the purpose of this section, the term
    ``covered position'' means a position occupied by an employee whose pay
    is restricted under this section.

    (m) <>  This section takes effect on the
    first day of the first applicable pay period beginning on or after
    January 1, 2021.

    Sec. 749.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such title IV or VIII.

    [[Page 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 <>  of the Federal
    funds provided in this Act shall be used for publicity or propaganda
    purposes or implementation of any policy including boycott designed to
    support or defeat legislation pending before Congress or any State
    legislature.

    Sec. 803. (a) None of the Federal funds provided under this Act to
    the agencies funded by this Act, both Federal and District government
    agencies, that remain available for obligation or expenditure in fiscal
    year 2021, or provided from any accounts in the Treasury of the United
    States derived by the collection of fees available to the agencies
    funded by this Act, shall be available for obligation or expenditures
    for an agency through a reprogramming of funds which--
    (1) creates new programs;
    (2) eliminates a program, project, or responsibility center;
    (3) establishes or changes allocations specifically denied,
    limited or increased under this Act;
    (4) increases funds or personnel by any means for any
    program, project, or responsibility center for which funds have
    been denied or restricted;
    (5) re-establishes any program or project previously
    deferred through reprogramming;
    (6) augments any existing program, project, or
    responsibility center through a reprogramming of funds in excess
    of $3,000,000 or 10 percent, whichever is less; or
    (7) <>  increases by 20 percent or
    more personnel assigned to a specific program, project or
    responsibility center, unless prior approval is received from
    the Committees on Appropriations of the House of Representatives
    and the Senate.

    (b) <>  The District of Columbia government is
    authorized to approve and execute reprogramming and transfer requests of
    local funds under this title through November 7, 2021.

    Sec. 804.  None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
    Sec. 805.  Except as otherwise provided in this section, none of the
    funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only in
    the performance of the officer's or employee's official
    duties. <>  For purposes of this section, the term
    ``official duties'' does not include travel between the officer's or
    employee's residence and workplace, except in the case of--

    [[Page 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) <>  None of the Federal funds
    contained in this Act may be used by the District of Columbia Attorney
    General or any other officer or entity of the District government to
    provide assistance for any petition drive or civil action which seeks to
    require Congress to provide for voting representation in Congress for
    the District of Columbia.

    (b) Nothing in this section bars the District of Columbia Attorney
    General from reviewing or commenting on briefs in private lawsuits, or
    from consulting with officials of the District government regarding such
    lawsuits.
    Sec. 807.  None <>  of the Federal funds
    contained in this Act may be used to distribute any needle or syringe
    for the purpose of preventing the spread of blood borne pathogens in any
    location that has been determined by the local public health or local
    law enforcement authorities to be inappropriate for such distribution.

    Sec. 808.  Nothing <>
    in this Act may be construed to prevent the Council or Mayor of the
    District of Columbia from addressing the issue of the provision of
    contraceptive coverage by health insurance plans, but it is the intent
    of Congress that any legislation enacted on such issue should include a
    ``conscience clause'' which provides exceptions for religious beliefs
    and moral convictions.

    Sec. 809. (a) <>  None of
    the Federal funds contained in this Act may be used to enact or carry
    out any law, rule, or regulation to legalize or otherwise reduce
    penalties associated with the possession, use, or distribution of any
    schedule I substance under the Controlled Substances Act (21 U.S.C. 801
    et seq.) or any tetrahydrocannabinols derivative.

    (b) No funds available for obligation or expenditure by the District
    of Columbia government under any authority may be used to enact any law,
    rule, or regulation to legalize or otherwise reduce penalties associated
    with the possession, use, or distribution of any schedule I substance
    under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
    tetrahydrocannabinols derivative for recreational purposes.

    [[Page 1446]]

    Sec. 810.  No <>  funds available for obligation or
    expenditure by the District of Columbia government under any authority
    shall be expended for any abortion except where the life of the mother
    would be endangered if the fetus were carried to term or where the
    pregnancy is the result of an act of rape or incest.

    Sec. 811. (a) <>  No later than
    30 calendar days after the date of the enactment of this Act, the Chief
    Financial Officer for the District of Columbia shall submit to the
    appropriate committees of Congress, the Mayor, and the Council of the
    District of Columbia, a revised appropriated funds operating budget in
    the format of the budget that the District of Columbia government
    submitted pursuant to section 442 of the District of Columbia Home Rule
    Act (D.C. Official Code, sec. 1-204.42), for all agencies of the
    District of Columbia government for fiscal year 2021 that is in the
    total amount of the approved appropriation and that realigns all
    budgeted data for personal services and other-than-personal services,
    respectively, with anticipated actual expenditures.

    (b) <>  This section shall
    apply only to an agency for which the Chief Financial Officer for the
    District of Columbia certifies that a reallocation is required to
    address unanticipated changes in program requirements.

    Sec. 812.  No <>  later than 30
    calendar days after the date of the enactment of this Act, the Chief
    Financial Officer for the District of Columbia shall submit to the
    appropriate committees of Congress, the Mayor, and the Council for the
    District of Columbia, a revised appropriated funds operating budget for
    the District of Columbia Public Schools that aligns schools budgets to
    actual enrollment. The revised appropriated funds budget shall be in the
    format of the budget that the District of Columbia government submitted
    pursuant to section 442 of the District of Columbia Home Rule Act (D.C.
    Official Code, sec. 1-204.42).

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

    [[Page 1447]]

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

    Sec. 816. (a)(1) <>  During fiscal year 2022,
    during a period in which neither a District of Columbia continuing
    resolution or a regular District of Columbia appropriation bill is in
    effect, local funds are appropriated in the amount provided for any
    project or activity for which local funds are provided in the Act
    referred to in paragraph (2) (subject to any modifications enacted by
    the District of Columbia as of the beginning of the period during which
    this subsection is in effect) at the rate set forth by such Act.
    (2) The Act referred to in this paragraph is the Act of the
    Council of the District of Columbia pursuant to which a proposed
    budget is approved for fiscal year 2022 which (subject to the
    requirements of the District of Columbia Home Rule Act) will
    constitute the local portion of the annual budget for the
    District of Columbia government for fiscal year 2022 for
    purposes of section 446 of the District of Columbia Home Rule
    Act (sec. 1-204.46, D.C. Official Code).

    (b) Appropriations made by subsection (a) shall cease to be
    available--
    (1) during any period in which a District of Columbia
    continuing resolution for fiscal year 2022 is in effect; or
    (2) upon the enactment into law of the regular District of
    Columbia appropriation bill for fiscal year 2022.

    (c) An appropriation made by subsection (a) is provided under the
    authority and conditions as provided under this Act and shall be
    available to the extent and in the manner that would be provided by this
    Act.
    (d) <>  An appropriation made by subsection
    (a) shall cover all obligations or expenditures incurred for such
    project or activity during the portion of fiscal year 2022 for which
    this section applies to such project or activity.

    (e) This section shall not apply to a project or activity during any
    period of fiscal year 2022 if any other provision of law (other than an
    authorization of appropriations)--
    (1) makes an appropriation, makes funds available, or grants
    authority for such project or activity to continue for such
    period; or
    (2) specifically provides that no appropriation shall be
    made, no funds shall be made available, or no authority shall be
    granted for such project or activity to continue for such
    period.

    (f) Nothing in this section shall be construed to affect obligations
    of the government of the District of Columbia mandated by other law.
    Sec. 817. (a) Section 244 of the Revised Statutes of the United
    States relating to the District of Columbia (sec. 9-1201.03, D.C.
    Official Code) does not apply with respect to any railroads installed
    pursuant to the Long Bridge Project.
    (b) <>  In this section, the term
    ``Long Bridge Project'' means the project carried out by the District of
    Columbia and the Commonwealth of Virginia to construct a new Long Bridge
    adjacent to the existing Long Bridge over the Potomac River, including
    related infrastructure and other related projects, to expand commuter
    and regional passenger rail service and to provide bike and pedestrian
    access crossings over the Potomac River.

    [[Page 1448]]

    Sec. 818.  Not <>  later than 45 days
    after the last day of each quarter, each Federal and District government
    agency appropriated Federal funds in this Act shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a quarterly budget report that includes total obligations of the
    Agency for that quarter for each Federal funds appropriation provided in
    this Act, by the source year of the appropriation.

    Sec. 819.  Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.

    TITLE IX

    GENERAL PROVISION--EMERGENCY FUNDING

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

    This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2021''.

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

    TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

    Office of the Secretary and Executive Management

    operations and support

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

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

    (b) <>  The Inspector General
    shall review the report required by subsection (a) to assess
    departmental compliance with applicable laws and regulations and report
    the results of that review to the Committees on Appropriations of the
    Senate and the House of Representatives not later than February 15,
    2022.

    Sec. 102.  Not <>  later than 30 days after
    the last day of each month, the Chief Financial Officer of the
    Department of Homeland Security shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives a monthly
    budget and staffing report that includes total obligations of the
    Department for that month and for the fiscal year at the appropriation
    and program, project, and activity levels, by the source year of the
    appropriation.

    Sec. 103.  The <>  Secretary of
    Homeland Security shall require that all contracts of the Department of
    Homeland Security that provide award fees link such fees to successful
    acquisition outcomes, which shall be specified in terms of cost,
    schedule, and performance.

    Sec. 104. (a) <>  The Secretary
    of Homeland Security, in consultation with the Secretary of the
    Treasury, shall notify the Committees on Appropriations of the Senate
    and the House of Representatives of any proposed transfers of funds
    available under section 9705(g)(4)(B) of title 31, United States Code,
    from the Department of the Treasury Forfeiture Fund to any agency within
    the Department of Homeland Security.

    (b) None of the funds identified for such a transfer may be
    obligated until the Committees on Appropriations of the Senate and the
    House of Representatives are notified of the proposed transfer.

    [[Page 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 <>  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 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: <>   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 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 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 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 <>  201 of the Department
    of Homeland Security Appropriations Act, 2018 (division F of Public Law
    115-141), related to overtime compensation limitations, shall apply with
    respect to funds made available in this Act in the same manner as such
    section applied to funds made available in that Act, except that
    ``fiscal year 2021'' shall be substituted for ``fiscal year 2018''.

    Sec. 202.  Funding made available under the headings ``U.S. Customs
    and Border Protection--Operations and Support'' and ``U.S. Customs and
    Border Protection--Procurement, Construction, and Improvements'' shall
    be available for customs expenses when necessary to maintain operations
    and prevent adverse personnel actions in Puerto Rico and the U.S. Virgin
    Islands, in addition to funding provided by sections 740 and 1406i of
    title 48, United States Code.
    Sec. 203.  As authorized by section 601(b) of the United States-
    Colombia Trade Promotion Agreement Implementation Act (Public Law 112-
    42), fees collected from passengers arriving from Canada, Mexico, or an
    adjacent island pursuant to section 13031(a)(5) of the Consolidated
    Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
    available until expended.
    Sec. 204.  For an additional amount for ``U.S. Customs and Border
    Protection--Operations and Support'', $31,000,000, to remain available
    until expended, to be reduced by amounts collected and credited to this
    appropriation in fiscal year 2021 from amounts authorized to be
    collected by section 286(i) of the Immigration and Nationality Act (8
    U.S.C. 1356(i)), section 10412 of the Farm Security and Rural Investment
    Act of 2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
    and Trade Enforcement Act of 2015 (Public Law 114-25), or other such
    authorizing language:  Provided, That to the extent that amounts
    realized from such collections exceed $31,000,000, those amounts in
    excess of $31,000,000 shall be credited to this appropriation, to remain
    available until expended.
    Sec. 205.  None of the funds made available in this Act for U.S.
    Customs and Border Protection may be used to prevent an individual not
    in the business of importing a prescription drug (within the meaning of
    section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
    importing a prescription drug from Canada that complies with the Federal
    Food, Drug, and Cosmetic Act:  Provided,
    That <>  this section shall apply
    only to individuals transporting on their person a personal-use quantity
    of the prescription

    [[Page 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 <>  any other
    provision of law, none of the funds provided in this or any other Act
    shall be used to approve a waiver of the navigation and vessel-
    inspection laws pursuant to section 501(b) of title 46, United States
    Code, for the transportation of crude oil distributed from and to the
    Strategic Petroleum Reserve until the Secretary of Homeland Security,
    after consultation with the Secretaries of the Departments of Energy and
    Transportation and representatives from the United States flag maritime
    industry, takes adequate measures to ensure the use of United States
    flag vessels: <>   Provided,
    That the Secretary shall notify the Committees on Appropriations of the
    Senate and the House of Representatives, the Committee on Commerce,
    Science, and Transportation of the Senate, and the Committee on
    Transportation and Infrastructure of the House of Representatives within
    2 business days of any request for waivers of navigation and vessel-
    inspection laws pursuant to section 501(b) of title 46, United States
    Code, with respect to such transportation, and the disposition of such
    requests.

    Sec. 207. (a) <>  Beginning on the date of
    enactment of this Act, the Secretary of Homeland Security shall not--
    (1) establish, collect, or otherwise impose any new border
    crossing fee on individuals crossing the Southern border or the
    Northern border at a land port of entry; or
    (2) conduct any study relating to the imposition of a border
    crossing fee.

    (b) <>  In this section, the term ``border
    crossing fee'' means a fee that every pedestrian, cyclist, and driver
    and passenger of a private motor vehicle is required to pay for the
    privilege of crossing the Southern border or the Northern border at a
    land port of entry.

    Sec. 208.  Not <>  later than 90
    days after the date of enactment of this Act, the Secretary of Homeland
    Security shall submit an expenditure plan for any amounts made available
    for ``U.S. Customs and Border Protection--Procurement, Construction, and
    Improvements'' in this Act and prior Acts to the Committees on
    Appropriations of the Senate and the House of Representatives:
    Provided, That no such amounts may be obligated prior to the submission
    of such plan.

    Sec. 209.  Of the total amount made available under ``U.S. Customs
    and Border Protection--Procurement, Construction, and Improvements'',
    $464,634,000 shall be available only as follows:
    (1) $160,530,000 for the acquisition and deployment of
    border security technologies and trade and travel assets and
    infrastructure;
    (2) $142,399,000 for facility construction and improvements;
    (3) $119,076,000 for integrated operations assets and
    infrastructure; and
    (4) $42,629,000 for mission support and infrastructure.

    Sec. 210.  Of the total amount made available under ``U.S. Customs
    and Border Protection--Procurement, Construction, and

    [[Page 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 <>  regard to the limitation as to
    time and condition of section 503(d) of this Act, the Secretary may
    reprogram within and transfer funds to ``U.S. Immigration and Customs
    Enforcement--Operations and Support'' as necessary to ensure the
    detention of aliens prioritized for removal.

    Sec. 214.  None <>  of the funds provided
    under the heading ``U.S. Immigration and Customs Enforcement--Operations
    and Support'' may be used to continue a delegation of law enforcement
    authority authorized under section 287(g) of the Immigration and
    Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
    Security Inspector General determines that the terms of the agreement
    governing the delegation of authority have been materially violated.

    Sec. 215. (a) <>  None of the
    funds provided under the heading ``U.S. Immigration and Customs
    Enforcement--Operations and Support'' may be used to continue any
    contract for the provision of detention services if the two most recent
    overall performance evaluations received by the contracted facility are
    less than ``adequate'' or the equivalent median score in any subsequent
    performance evaluation system.

    (b) <>  Beginning not later than January 1,
    2021, the performance evaluations referenced in subsection (a) shall be
    conducted by the U.S. Immigration and Customs Enforcement Office of
    Professional Responsibility.

    Sec. 216.  The <>  reports required to be submitted under section 218 of the
    Department of Homeland Security Appropriations Act, 2020 (division D of
    Public Law 116-93) shall continue to be submitted with respect to the
    period beginning 15 days after the date of the enactment of this Act and
    semimonthly thereafter, and each matter required to be included in such
    report by such section 218 shall apply in the same manner and to the
    same extent during the period described in this section, except that for
    purposes of reports submitted with respect to such period described, the
    following additional requirements shall be treated

    [[Page 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 <>  terms and conditions of
    sections 216 and 217 of the Department of Homeland Security
    Appropriations Act, 2020 (division D of Public Law 116-93) shall apply
    to this Act.

    Sec. 218.  Members of the United States House of Representatives and
    the United States Senate, including the leadership; the heads of Federal
    agencies and commissions, including the Secretary, Deputy Secretary,
    Under Secretaries, and Assistant Secretaries of the Department of
    Homeland Security; the United States Attorney General, Deputy Attorney
    General, Assistant Attorneys General, and the United States Attorneys;
    and senior members of the Executive Office of the President, including
    the Director of the Office of Management and Budget, shall not be exempt
    from Federal passenger and baggage screening.
    Sec. 219.  Any <>  award by the
    Transportation Security Administration to deploy explosives detection
    systems shall be based on risk, the airport's current reliance on other
    screening solutions, lobby congestion resulting in increased security
    concerns, high injury rates, airport readiness, and increased cost
    effectiveness.

    Sec. 220.  Notwithstanding <>  section 44923 of title 49, United States Code, for fiscal
    year 2021, any funds in the Aviation Security Capital Fund established
    by section 44923(h) of title 49, United States Code, may be used for the
    procurement and installation of explosives detection systems or for the
    issuance of other transaction agreements for the purpose of funding
    projects described in section 44923(a) of such title.

    Sec. 221.  None of the funds made available by this or any other Act
    may be used by the Administrator of the Transportation Security
    Administration to implement, administer, or enforce, in abrogation of
    the responsibility described in section 44903(n)(1) of title 49, United
    States Code, any requirement that airport operators provide airport-
    financed staffing to monitor exit points from the sterile area of any
    airport at which the Transportation Security Administration provided
    such monitoring as of December 1, 2013.
    Sec. 222.  Not <>  later than 30 days after
    the submission of the President's budget proposal, the Administrator of
    the Transportation Security Administration shall submit to the
    Committees on Appropriations and Commerce, Science, and Transportation
    of the Senate and the Committees on Appropriations and Homeland Security
    in the House of Representatives a single report that fulfills the
    following requirements:

    [[Page 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 <>  of the funds made available by
    this Act under the heading ``Coast Guard--Operations and Support'' shall
    be for expenses incurred for recreational vessels under section 12114 of
    title 46, United States Code, except to the extent fees are collected
    from owners of yachts and credited to the appropriation made available
    by this Act under the heading ``Coast Guard--Operations and Support'':
    Provided, That to the extent such fees are insufficient to pay expenses
    of recreational vessel documentation under such section 12114, and there
    is a backlog of recreational vessel applications, personnel performing
    non-recreational vessel documentation functions under subchapter II of
    chapter 121 of title 46, United States Code, may perform documentation
    under section 12114.

    Sec. 225.  Without regard to the limitation as to time and condition
    of section 503(d) of this Act, after June 30, up to $10,000,000 may be
    reprogrammed to or from the Military Pay and Allowances funding category
    within ``Coast Guard--Operations and Support'' in accordance with
    subsection (a) of section 503 of this Act.
    Sec. 226.  Notwithstanding <>  any other
    provision of law, the Commandant of the Coast Guard shall submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives a future-years capital investment plan as described in
    the second proviso under the heading ``Coast Guard--Acquisition,
    Construction, and Improvements'' in the Department of Homeland Security
    Appropriations Act, 2015 (Public Law 114-4), which shall be subject to
    the requirements in the third and fourth provisos under such heading.

    Sec. 227.  Of the funds made available for defense-related
    activities under the heading ``Coast Guard--Operations and Support'', up
    to $190,000,000 that are used for enduring overseas missions in support
    of the global fight against terror may be reallocated by program,
    project, and activity, notwithstanding section 503 of this Act.
    Sec. 228.  None of the funds in this Act shall be used to reduce the
    Coast Guard's Operations Systems Center mission or its government-
    employed or contract staff levels.
    Sec. 229.  None of the funds appropriated by this Act may be used to
    conduct, or to implement the results of, a competition under Office of
    Management and Budget Circular A-76 for activities performed with
    respect to the Coast Guard National Vessel Documentation Center.

    [[Page 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 <>  the Director of the United States Secret
    Service may enter into agreements to provide such protection on a fully
    reimbursable basis.

    Sec. 234.  For purposes of section 503(a)(3) of this Act, up to
    $15,000,000 may be reprogrammed within ``United States Secret Service--
    Operations and Support''.
    Sec. 235.  Funding <>  made
    available in this Act for ``United States Secret Service--Operations and
    Support'' is available for travel of United States Secret Service
    employees on protective missions without regard to the limitations on
    such expenditures in this or any other Act if the Director of the United
    States Secret Service or a designee notifies the Committees on
    Appropriations of the Senate and the House of Representatives 10 or more
    days in advance, or as early as practicable, prior to such expenditures.

    TITLE III

    PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

    Cybersecurity and Infrastructure Security Agency

    operations and support

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

    [[Page 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) <>  $610,000,000 for
    the State Homeland Security Grant Program under section 2004 of
    the Homeland Security Act of 2002 (6 U.S.C. 605), of which
    $90,000,000 shall be for Operation Stonegarden, $15,000,000
    shall be for Tribal Homeland Security Grants under section 2005
    of the Homeland Security Act of 2002 (6 U.S.C. 606), and
    $90,000,000 shall be for organizations (as described under
    section 501(c)(3) of the Internal Revenue Code of 1986 and
    exempt from tax under section 501(a) of such code) determined by
    the Secretary of Homeland Security to be at high risk of a
    terrorist attack:  Provided, That <>
    notwithstanding subsection (c)(4) of such section 2004, for
    fiscal year 2021, the Commonwealth of Puerto Rico shall make
    available to local and tribal governments amounts provided to
    the Commonwealth of Puerto Rico under this paragraph in
    accordance with subsection (c)(1) of such section 2004.
    (2) <>  $705,000,000 for
    the Urban Area Security Initiative under section 2003 of the
    Homeland Security Act of 2002 (6 U.S.C. 604), of which
    $90,000,000 shall be for organizations (as described under
    section 501(c)(3) of the Internal Revenue Code of 1986 and
    exempt from tax under section 501(a) of such code) determined by
    the Secretary of Homeland Security to be at high risk of a
    terrorist attack.

    [[Page 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 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 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 <>  section 2008(a)(12) of
    the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any other
    provision of law, not more than 5 percent of the amount of a grant made
    available in paragraphs (1) through (4) under ``Federal Emergency
    Management Agency--Federal Assistance'', may be used by the grantee for
    expenses directly related to administration of the grant.

    Sec. 303.  Applications <>  for grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for paragraphs (1) through (4), shall be made available to
    eligible applicants not later than 60 days after the date of enactment
    of this Act, eligible applicants shall submit applications not later
    than 80 days after the grant announcement, and the Administrator of the
    Federal Emergency Management Agency shall act within 65 days after the
    receipt of an application.

    Sec. 304.  Under <>  the heading ``Federal Emergency Management Agency--
    Federal Assistance'', for grants under paragraphs (1) through (4), (8),
    and (9), the Administrator of the Federal Emergency Management Agency
    shall brief the Committees on Appropriations of the Senate and the House
    of Representatives 5 full business days in advance of announcing
    publicly the intention of making an award.

    Sec. 305.  Under the heading ``Federal Emergency Management Agency--
    Federal Assistance'', for grants under paragraphs (1) and (2), the
    installation of communications towers is not considered construction of
    a building or other physical facility.
    Sec. 306.  The <>  reporting requirements in
    paragraphs (1) and (2) under the heading ``Federal Emergency Management
    Agency--Disaster Relief Fund'' in the Department of Homeland Security
    Appropriations Act, 2015 (Public Law 114-4) shall be applied in fiscal
    year 2021 with respect to budget year 2022 and current fiscal year 2021,
    respectively--
    (1) in paragraph (1) by substituting ``fiscal year 2022''
    for ``fiscal year 2016''; and
    (2) in paragraph (2) by inserting ``business'' after
    ``fifth''.

    Sec. 307.  In <>  making grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for Staffing for Adequate Fire and Emergency Response
    grants, the Administrator of the Federal Emergency Management Agency may
    grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B),
    (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2229a).

    Sec. 308.  The aggregate charges assessed during fiscal year 2021,
    as authorized in title III of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
    amounts anticipated by the Department of Homeland Security to be
    necessary for its Radiological Emergency Preparedness Program for the
    next fiscal year:  Provided,

    [[Page 1465]]

    That the <>  methodology for assessment and collection of
    fees shall be fair and equitable and shall reflect costs of providing
    such services, including administrative costs of collecting such fees:
    Provided further, That <>  such fees shall be
    deposited in a Radiological Emergency Preparedness Program account as
    offsetting collections and will become available for authorized purposes
    on October 1, 2021, and remain available until expended.

    Sec. 309. (a) Any balances of funds appropriated in any prior Act
    for activities funded by National Predisaster Mitigation Fund under
    section 203 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5133) (as in effect on the day before the date
    of enactment of section 1234 of division D of Public Law 115-254) may be
    transferred to and merged for all purposes with the funds set aside
    pursuant to subsection (i)(1) of section 203 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), as in
    effect on the date of the enactment of this section.
    (b) <>  The transfer authorized in subsection
    (a) may not occur until the Administrator of the Federal Emergency
    Management Agency submits to the Committees on Appropriations of the
    Senate and the House of Representatives a plan for the obligation of
    funds pursuant to such subsection (i)(1), including the criteria to be
    used for awarding grants and a process for tracking the obligation of
    such transferred funds.

    Sec. 310.  In <>  making grants
    under the heading ``Federal Emergency Management Agency--Federal
    Assistance'', for Assistance to Firefighter Grants, the Administrator of
    the Federal Emergency Management Agency may waive subsection (k) of
    section 33 of the Federal Fire Prevention and Control Act of 1974 (15
    U.S.C. 2229).

    Sec. 311. (a) For major disasters declared in 2018 pursuant to the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5170), a territory or possession of the United States shall be
    deemed to be a local government for purposes of section 417 of such Act
    (42 U.S.C. 5184) and section 206.361(a) of title 44, Code of Federal
    Regulations.
    (b) <>  Notwithstanding
    section 206.361(a) of title 44, Code of Federal Regulations, the
    President may provide a loan until the last day of the fiscal year that
    is 3 fiscal years after the fiscal year in which the natural disaster
    described in such subsection occurs.

    (c) Notwithstanding section 417(b) of such Act and section
    206.361(b) of title 44, Code of Federal Regulations, the amount of any
    loan issued to a territory or possession may--
    (1) exceed $5,000,000; and
    (2) <>  may be based on the projected
    loss of tax and other revenues and on projected cash outlays not
    previously budgeted for a period not to exceed 1 year beginning
    on the date that the major disaster occurred.

    [[Page 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 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 <>  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 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) <>  None of the
    funds provided by this Act, provided by previous appropriations Acts to
    the components in or transferred to the Department of Homeland Security
    that remain available for obligation or expenditure in fiscal year 2021,
    or provided from any accounts in the Treasury of the United States
    derived by the collection of fees available to the components funded by
    this Act, shall be available for obligation or expenditure through a
    reprogramming of funds that--
    (1) creates or eliminates a program, project, or activity,
    or increases funds for any program, project, or activity for
    which funds have been denied or restricted by the Congress;
    (2) <>  contracts out any function or
    activity presently performed by Federal employees or any new
    function or activity proposed to be performed by Federal
    employees in the President's budget proposal for fiscal year
    2021 for the Department of Homeland Security;
    (3) augments funding for existing programs, projects, or
    activities in excess of $5,000,000 or 10 percent, whichever is
    less;

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

    (e) <>  The notification thresholds and
    procedures set forth in subsections (a), (b), (c), and (d) shall apply
    to any use of deobligated balances of funds provided in previous
    Department of Homeland Security Appropriations Acts that remain
    available for obligation in the current year.

    (f) Notwithstanding subsection (c), the Secretary of Homeland
    Security may transfer to the fund established by 8 U.S.C. 1101 note, up
    to $20,000,000 from appropriations available to the Department of
    Homeland Security:  Provided, That the Secretary shall notify the
    Committees on Appropriations of the Senate and the House of
    Representatives at least 5 days in advance of such transfer.
    Sec. 504.  Section <>  504 of
    the Department of Homeland Security Appropriations Act, 2017 (division F
    of Public Law 115-31), related to the operations of a working capital
    fund, shall apply with respect to funds made available in this Act in
    the same manner as such section applied to funds made available in that
    Act:  Provided, That funds from such working capital fund may be
    obligated and expended in anticipation of reimbursements from components
    of the Department of Homeland Security.

    Sec. 505.  Except <>  as otherwise
    specifically provided by law, not to exceed 50 percent of unobligated
    balances remaining available at the end of fiscal year 2021, as recorded
    in the financial records at the time of a reprogramming notification,
    but not later than June 30, 2022, from appropriations for ``Operations
    and Support'' for fiscal year 2021 in this Act shall remain available
    through September 30, 2022, in the account and for the purposes for
    which the appropriations were provided: <>
    Provided, That prior to the obligation of such funds, a notification
    shall be submitted to the Committees on Appropriations of the Senate and
    the House of Representatives in accordance with section 503 of this Act.

    Sec. 506.  Funds made available by this Act for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
    414) during fiscal year 2021 until the enactment of an Act authorizing
    intelligence activities for fiscal year 2021.

    [[Page 1470]]

    Sec. 507. (a) <>  The Secretary of
    Homeland Security, or the designee of the Secretary, shall notify the
    Committees on Appropriations of the Senate and the House of
    Representatives at least 3 full business days in advance of--
    (1) making or awarding a grant allocation or grant in excess
    of $1,000,000;
    (2) making or awarding a contract, other transaction
    agreement, or task or delivery order on a Department of Homeland
    Security multiple award contract, or to issue a letter of intent
    totaling in excess of $4,000,000;
    (3) awarding a task or delivery order requiring an
    obligation of funds in an amount greater than $10,000,000 from
    multi-year Department of Homeland Security funds;
    (4) making a sole-source grant award; or
    (5) announcing publicly the intention to make or award items
    under paragraph (1), (2), (3), or (4), including a contract
    covered by the Federal Acquisition Regulation.

    (b) <>  If the Secretary of Homeland
    Security determines that compliance with this section would pose a
    substantial risk to human life, health, or safety, an award may be made
    without notification, and the Secretary shall notify the Committees on
    Appropriations of the Senate and the House of Representatives not later
    than 5 full business days after such an award is made or letter issued.

    (c) A notification under this section--
    (1) may not involve funds that are not available for
    obligation; and
    (2) shall include the amount of the award; the fiscal year
    for which the funds for the award were appropriated; the type of
    contract; and the account from which the funds are being drawn.

    Sec. 508.  Notwithstanding <>  any
    other provision of law, no agency shall purchase, construct, or lease
    any additional facilities, except within or contiguous to existing
    locations, to be used for the purpose of conducting Federal law
    enforcement training without advance notification to the Committees on
    Appropriations of the Senate and the House of Representatives, except
    that the Federal Law Enforcement Training Centers is authorized to
    obtain the temporary use of additional facilities by lease, contract, or
    other agreement for training that cannot be accommodated in existing
    Centers' facilities.

    Sec. 509.  None of the funds appropriated or otherwise made
    available by this Act may be used for expenses for any construction,
    repair, alteration, or acquisition project for which a prospectus
    otherwise required under chapter 33 of title 40, United States Code, has
    not been approved, except that necessary funds may be expended for each
    project for required expenses for the development of a proposed
    prospectus.
    Sec. 510.  Sections <>  520, 522, and 530 of
    the Department of Homeland Security Appropriations Act, 2008 (division E
    of Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with respect
    to funds made available in this Act in the same manner as such sections
    applied to funds made available in that Act.

    Sec. 511.  None of the funds made available in this Act may be used
    in contravention of the applicable provisions of the Buy American
    Act: <>   Provided, That for purposes of the
    preceding sentence, the term ``Buy American Act'' means chapter 83 of
    title 41, United States Code.

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

    Sec. 515.  Any <>  official that is
    required by this Act to report or to certify to the Committees on
    Appropriations of the Senate and the House of Representatives may not
    delegate such authority to perform that act unless specifically
    authorized herein.

    Sec. 516.  None <>
    of the funds appropriated or otherwise made available in this or any
    other Act may be used to transfer, release, or assist in the transfer or
    release to or within the United States, its territories, or possessions
    Khalid Sheikh Mohammed or any other detainee who--
    (1) is not a United States citizen or a member of the Armed
    Forces of the United States; and
    (2) is or was held on or after June 24, 2009, at the United
    States Naval Station, Guantanamo Bay, Cuba, by the Department of
    Defense.

    Sec. 517.  None of the funds made available in this Act may be used
    for first-class travel by the employees of agencies funded by this Act
    in contravention of sections 301-10.122 through 301-10.124 of title 41,
    Code of Federal Regulations.
    Sec. 518.  None of the funds made available in this Act may be used
    to employ workers described in section 274A(h)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324a(h)(3)).
    Sec. 519.  Notwithstanding <>  any other provision
    of this Act, none of the funds appropriated or otherwise made available
    by this Act may be used to pay award or incentive fees for contractor
    performance that has been judged to be below satisfactory performance or
    performance that does not meet the basic requirements of a contract.

    Sec. 520.  None <>  of the funds appropriated or
    otherwise made available by this Act may be used by the Department of
    Homeland Security to enter into any Federal contract unless such
    contract is entered into in accordance with the requirements of subtitle
    I of title 41, United States Code, or chapter 137 of title 10, United
    States Code, and the Federal Acquisition Regulation, unless such
    contract is otherwise authorized by statute to be entered into without
    regard to the above referenced statutes.

    Sec. 521. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 522.  None <>  of the funds made available in
    this Act may be used by a Federal law enforcement officer to facilitate
    the transfer of an operable firearm to an individual if the Federal law
    enforcement officer knows or suspects that the individual is

    [[Page 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 <>  of
    the funds made available in this Act may be used to pay for the travel
    to or attendance of more than 50 employees of a single component of the
    Department of Homeland Security, who are stationed in the United States,
    at a single international conference unless the Secretary of Homeland
    Security, or a designee, determines that such attendance is in the
    national interest and notifies the Committees on Appropriations of the
    Senate and the House of Representatives within at least 10 days of that
    determination and the basis for that determination:  Provided,
    That <>  for purposes of this section the term
    ``international conference'' shall mean a conference occurring outside
    of the United States attended by representatives of the United States
    Government and of foreign governments, international organizations, or
    nongovernmental organizations:  Provided further, That the total cost to
    the Department of Homeland Security of any such conference shall not
    exceed $500,000.

    Sec. 524.  None of the funds made available in this Act may be used
    to reimburse any Federal department or agency for its participation in a
    National Special Security Event.
    Sec. 525.  None <>  of the funds made available to the Department of
    Homeland Security by this or any other Act may be obligated for any
    structural pay reform that affects more than 100 full-time positions or
    costs more than $5,000,000 in a single year before the end of the 30-day
    period beginning on the date on which the Secretary of Homeland Security
    submits to Congress a notification that includes--
    (1) the number of full-time positions affected by such
    change;
    (2) funding required for such change for the current year
    and through the Future Years Homeland Security Program;
    (3) justification for such change; and
    (4) <>  an analysis of compensation
    alternatives to such change that were considered by the
    Department.

    Sec. 526. (a) <>  Any agency receiving funds made
    available in this Act shall, subject to subsections (b) and (c), post on
    the public website of that agency any report required to be submitted by
    the Committees on Appropriations of the Senate and the House of
    Representatives in this Act, upon the determination by the head of the
    agency that it shall serve the national interest.

    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises homeland or
    national security; or
    (2) the report contains proprietary information.

    (c) <>  The head of the agency posting such
    report shall do so only after such report has been made available to the
    Committees on Appropriations of the Senate and the House of
    Representatives for not less than 45 days except as otherwise specified
    in law.

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

    [[Page 1473]]

    Sec. 528.  None <>  of the funds made available by
    this Act may be obligated or expended to implement the Arms Trade Treaty
    until the Senate approves a resolution of ratification for the Treaty.

    Sec. 529.  The <>  authority provided by section
    532 of the Department of Homeland Security Appropriations Act, 2018
    (Public Law 115-141) regarding primary and secondary schooling of
    dependents shall continue in effect during fiscal year 2021.

    Sec. 530. (a) For an additional amount for ``Federal Emergency
    Management Agency--Federal Assistance'', $12,700,000, to remain
    available until September 30, 2022, exclusively for providing
    reimbursement of extraordinary law enforcement or other emergency
    personnel costs for protection activities directly and demonstrably
    associated with any residence of the President that is designated or
    identified to be secured by the United States Secret Service.
    (b) <>  Subsections (b) through (f) of section
    534 of the Department of Homeland Security Appropriations Act, 2018
    (Public Law 115-141), shall be applied with respect to amounts made
    available by subsection (a) of this section by substituting ``October 1,
    2021'' for ``October 1, 2018'' and ``October 1, 2020'' for ``October 1,
    2017''.

    Sec. 531. (a) <>  Section 831
    of the Homeland Security Act of 2002 (6 U.S.C. 391) shall be applied--
    (1) In subsection (a), by substituting ``September 30,
    2021,'' for ``September 30, 2017,''; and
    (2) In subsection (c)(1), by substituting ``September 30,
    2021,'' for ``September 30, 2017''.

    (b) The Secretary of Homeland Security, under the authority of
    section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)), may
    carry out prototype projects under section 2371b of title 10, United
    States Code, and the Secretary shall perform the functions of the
    Secretary of Defense as prescribed.
    (c) <>  The Secretary of Homeland Security under
    section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may
    use the definition of nontraditional government contractor as defined in
    section 2371b(e) of title 10, United States Code.

    Sec. 532. (a) <>  None of the funds appropriated or
    otherwise made available to the Department of Homeland Security by this
    Act may be used to prevent any of the following persons from entering,
    for the purpose of conducting oversight, any facility operated by or for
    the Department of Homeland Security used to detain or otherwise house
    aliens, or to make any temporary modification at any such facility that
    in any way alters what is observed by a visiting member of Congress or
    such designated employee, compared to what would be observed in the
    absence of such modification:
    (1) A Member of Congress.
    (2) An employee of the United States House of
    Representatives or the United States Senate designated by such a
    Member for the purposes of this section.

    (b) Nothing in this section may be construed to require a Member of
    Congress to provide prior notice of the intent to enter a facility
    described in subsection (a) for the purpose of conducting oversight.
    (c) <>  With respect to individuals described in
    subsection (a)(2), the Department of Homeland Security may require that
    a request be made at least 24 hours in advance of an intent to enter a
    facility described in subsection (a).

    [[Page 1474]]

    Sec. 533. (a) <>  Except as
    provided in subsection (b), none of the funds made available in this Act
    may be used to place restraints on a woman in the custody of the
    Department of Homeland Security (including during transport, in a
    detention facility, or at an outside medical facility) who is pregnant
    or in post-delivery recuperation.

    (b) Subsection (a) shall not apply with respect to a pregnant woman
    if--
    (1) an appropriate official of the Department of Homeland
    Security makes an individualized determination that the woman--
    (A) is a serious flight risk, and such risk cannot
    be prevented by other means; or
    (B) poses an immediate and serious threat to harm
    herself or others that cannot be prevented by other
    means; or
    (2) a medical professional responsible for the care of the
    pregnant woman determines that the use of therapeutic restraints
    is appropriate for the medical safety of the woman.

    (c) If a pregnant woman is restrained pursuant to subsection (b),
    only the safest and least restrictive restraints, as determined by the
    appropriate medical professional treating the woman, may be used. In no
    case may restraints be used on a woman who is in active labor or
    delivery, and in no case may a pregnant woman be restrained in a face-
    down position with four-point restraints, on her back, or in a restraint
    belt that constricts the area of the pregnancy. A pregnant woman who is
    immobilized by restraints shall be positioned, to the maximum extent
    feasible, on her left side.
    Sec. 534. (a) <>  None of the funds made
    available by this Act may be used to destroy any document, recording, or
    other record pertaining to any--
    (1) death of,
    (2) <>  potential sexual assault or
    abuse perpetrated against, or
    (3) <>  allegation of
    abuse, criminal activity, or disruption committed by

    an individual held in the custody of the Department of Homeland
    Security.
    (b) The records referred to in subsection (a) shall be made
    available, in accordance with applicable laws and regulations, and
    Federal rules governing disclosure in litigation, to an individual who
    has been charged with a crime, been placed into segregation, or
    otherwise punished as a result of an allegation described in paragraph
    (3), upon the request of such individual.
    Sec. 535.  Section <>  519 of division F of
    Public Law 114-113, regarding a prohibition on funding for any position
    designated as a Principal Federal Official, shall apply with respect to
    any Federal funds in the same manner as such section applied to funds
    made available in that Act.

    Sec. 536.  Within <>
    60 days of any budget submission for the Department of Homeland Security
    for fiscal year 2022 that assumes revenues or proposes a reduction from
    the previous year based on user fees proposals that have not been
    enacted into law prior to the submission of the budget, the Secretary of
    Homeland Security shall provide the Committees on Appropriations of the
    Senate and the House of Representatives specific reductions in proposed
    discretionary budget authority commensurate with the revenues assumed

    [[Page 1475]]

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

    Sec. 537. (a) <>  Not later than 10 days after the
    date on which the budget of the President for a fiscal year is submitted
    to Congress pursuant to section 1105(a) of title 31, United States Code,
    the Secretary of Homeland Security shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives a report
    on the unfunded priorities, for the Department of Homeland Security and
    separately for each departmental component, for which discretionary
    funding would be classified as budget function 050.

    (b) Each report under this section shall specify, for each such
    unfunded priority--
    (1) <>  a summary description, including the
    objectives to be achieved if such priority is funded (whether in
    whole or in part);
    (2) the description, including the objectives to be achieved
    if such priority is funded (whether in whole or in part);
    (3) account information, including the following (as
    applicable):
    (A) appropriation account; and
    (B) program, project, or activity name; and
    (4) the additional number of full-time or part-time
    positions to be funded as part of such priority.

    (c) <>  In this section, the term ``unfunded
    priority'', in the case of a fiscal year, means a requirement that--
    (1) is not funded in the budget referred to in subsection
    (a);
    (2) is necessary to fulfill a requirement associated with an
    operational or contingency plan for the Department; and
    (3) would have been recommended for funding through the
    budget referred to in subsection (a) if--
    (A) additional resources had been available for the
    budget to fund the requirement;
    (B) the requirement has emerged since the budget was
    formulated; or
    (C) the requirement is necessary to sustain prior-
    year investments.

    (transfer of funds)

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

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

    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 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 <>  later than 10 days after a determination is made by the President
    to evaluate and initiate protection under any authority for a former or
    retired Government official or employee, or for an individual who,
    during the duration of the directed protection, will become a former or
    retired Government official or employee (referred to in this section as
    a ``covered individual''), the Secretary of Homeland Security shall
    submit a notification to congressional leadership and the Committees on
    Appropriations of the Senate and the House of Representatives, the
    Committees on the Judiciary of the Senate and the House of
    Representatives, the Committee on Homeland Security and Governmental
    Affairs of the Senate, the Committee on Homeland Security of the House
    of Representatives, and the Committee on Oversight and Reform of the
    House of Representatives (referred to in this section as the
    ``appropriate congressional committees''):  Provided, That
    the <>  notification may be submitted in classified
    form, if necessary, and in consultation with the Director of National
    Intelligence or the Director of the Federal Bureau of Investigation, as
    appropriate, and shall include the threat assessment, scope of the
    protection, and the anticipated cost and duration of such protection:
    Provided further, That <>  not later than 15
    days before extending, or 30 days before terminating, protection for a
    covered individual, the Secretary of Homeland Security shall submit a
    notification regarding the extension or termination and any change to
    the threat assessment to the congressional leadership and the
    appropriate congressional committees: <>
    Provided further, That not later than 45 days after the date of
    enactment of this Act, and quarterly thereafter, the Secretary shall
    submit a report to the congressional leadership and the appropriate
    congressional committees, which may be submitted in classified form, if
    necessary, detailing each covered individual, and the scope and
    associated cost of protection.

    This division may be cited as the ``Department of Homeland Security
    Appropriations Act, 2021''.

    [[Page 1478]]

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

    TITLE I

    DEPARTMENT OF THE INTERIOR

    Bureau of Land Management

    management of lands and resources

    (including rescission of funds)

    For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law, in
    the management of lands and their resources under the jurisdiction of
    the Bureau of Land Management, including the general administration of
    the Bureau, and assessment of mineral potential of public lands pursuant
    to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
    $1,220,555,000, to remain available until September 30, 2022; of which
    $77,669,000 for annual and deferred maintenance and $115,745,000 for the
    wild horse and burro program, as authorized by Public Law 92-195 (16
    U.S.C. 1331 et seq.), shall remain available until expended:  Provided,
    That amounts <>  in the fee account of the BLM
    Permit Processing Improvement Fund may be used for any bureau-related
    expenses associated with the processing of oil and gas applications for
    permits to drill and related use of authorizations.

    In addition, $39,696,000 is for Mining Law Administration program
    operations, including the cost of administering the mining claim fee
    program, to remain available until expended, to be reduced by amounts
    collected by the Bureau and credited to this appropriation from mining
    claim maintenance fees and location fees that are hereby authorized for
    fiscal year 2021, so as to result in a final appropriation estimated at
    not more than $1,220,555,000, and $2,000,000, to remain available until
    expended, from communication site rental fees established by the Bureau
    for the cost of administering communication site activities.
    Of the unobligated balances from amounts made available under this
    heading in fiscal year 2018 or before, $13,000,000 is permanently
    rescinded:  Provided, That no amounts may be rescinded from amounts that
    were designated by the Congress as an emergency requirement pursuant to
    the Concurrent Resolution on the Budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    land acquisition

    (rescission of funds)

    Of the unobligated balances from amounts made available for Land
    Acquisition and derived from the Land and Water Conservation Fund,
    $5,400,000 is hereby permanently rescinded from projects with cost
    savings or failed or partially failed projects:  Provided, That no
    amounts may be rescinded from amounts that

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

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

    miscellaneous trust funds

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

    administrative provisions

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

    United States Fish and Wildlife Service

    resource management

    For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic

    [[Page 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 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 <>  the Secretary shall, after deducting
    $13,362,000 and administrative expenses, apportion the amount provided
    herein in the following manner: (1) to the District of Columbia and to
    the Commonwealth of Puerto Rico, each a sum equal to not more than one-
    half of 1 percent thereof; and (2) to Guam, American Samoa, the United
    States Virgin Islands, and the Commonwealth of the Northern Mariana
    Islands, each a sum equal to not more than one-fourth of 1 percent
    thereof:  Provided further, That <>  the Secretary
    of the Interior shall apportion the remaining amount in the following
    manner: (1) one-third of which is based on the ratio to which the land
    area of such State bears to the total land area of all such States; and
    (2) two-thirds of which is based on the ratio to which the population of
    such State bears to the total population of all such States:  Provided
    further, That <>  the amounts apportioned under this
    paragraph shall be adjusted equitably so that no State shall be
    apportioned a sum which is less than 1 percent of the amount available
    for apportionment under this paragraph for any fiscal year or more than
    5 percent of such amount:  Provided further, That the Federal share of
    planning grants shall not exceed 75 percent of the total costs of such
    projects and the Federal share of implementation grants shall not exceed
    65 percent of the total costs of such projects:  Provided further, That
    the non-Federal share of such projects may not be derived from Federal
    grant programs:  Provided further, That any <>  amount apportioned in 2021 to any State, territory, or other
    jurisdiction that remains unobligated as of September 30, 2022, shall be
    reapportioned, together with funds appropriated in 2023, in the manner
    provided herein.

    administrative provisions

    The United States Fish and Wildlife Service may carry out the
    operations of Service programs by direct expenditure, contracts, grants,
    cooperative agreements and reimbursable agreements with public and
    private entities. Appropriations and funds available to the United
    States Fish and Wildlife Service shall be available

    [[Page 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 <>  notwithstanding 44 U.S.C. 501,
    the Service may, under cooperative cost sharing and partnership
    arrangements authorized by law, procure printing services from
    cooperators in connection with jointly produced publications for which
    the cooperators share at least one-half the cost of printing either in
    cash or services and the Service determines the cooperator is capable of
    meeting accepted quality standards: <>   Provided
    further, That the Service may accept donated aircraft as replacements
    for existing aircraft:  Provided further, That <>
    notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot
    review and approval shall be deposited under the heading ``United States
    Fish and Wildlife Service--Resource Management'' and shall be available
    to the Secretary, without further appropriation, to be used for expenses
    of processing of such non-toxic shot type or coating applications and
    revising regulations as necessary, and shall remain available until
    expended:  Provided further, That <>  obligated
    balances of funding originally made available under section
    7060(c)(2)(B) of division K of the Consolidated Appropriations Act, 2018
    (Public Law 115-141) and transferred to the Fish and Wildlife Service to
    combat the transnational threat of wildlife poaching and trafficking in
    the Central Africa Regional Program for the Environment shall be
    distributed to recipients that were awarded grants not later than 60
    days after the date of enactment of this Act.

    National Park Service

    operation of the national park system

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

    [[Page 1484]]

    under this heading shall be made available for the purposes specified by
    that Act: <>   Provided further, That
    sections (7)(b) and (8) of that Act shall be amended by striking ``July
    1, 2021'' and inserting ``July 1, 2022''.

    In addition, for purposes described in section 2404 of Public Law
    116-9, an amount equal to the amount deposited in this fiscal year into
    the National Park Medical Services Fund established pursuant to such
    section of such Act, to remain available until expended, shall be
    derived from such Fund.

    national recreation and preservation

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

    historic preservation fund

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

    [[Page 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 <>  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 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 <>  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 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 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 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: <>   Provided, That appropriations for
    the Office of Surface Mining Reclamation and Enforcement may provide for
    the travel and per diem expenses of State and tribal personnel attending
    Office of Surface Mining Reclamation and Enforcement sponsored training:
    Provided further, That of the unobligated balances from amounts made
    available under this heading, $25,000,000 is permanently rescinded:
    Provided further, That no amounts may be rescinded from amounts that
    were designated by the Congress as an emergency requirement pursuant to
    the Concurrent Resolution on the Budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    In addition, for costs to review, administer, and enforce permits
    issued by the Office pursuant to section 507 of Public Law 95-87 (30
    U.S.C. 1257), $40,000, to remain available until expended:  Provided,
    That <>  fees assessed and collected by the
    Office pursuant to such section 507 shall be credited to this account as
    discretionary offsetting collections, to remain available until
    expended:  Provided further, That the sum herein appropriated from the
    general fund shall be reduced as collections are received during the
    fiscal year, so as to result in a fiscal year 2021 appropriation
    estimated at not more than $117,768,000.

    abandoned mine reclamation fund

    (including rescission of funds)

    For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, $24,831,000, to
    be derived from receipts of the Abandoned Mine Reclamation Fund and to
    remain available until expended:  Provided, That <>  pursuant to Public Law 97-365, the Department
    of the Interior is authorized to use up to 20 percent from the recovery
    of the delinquent debt owed to the United States Government to pay for
    contracts to collect these debts:  Provided further, That funds made
    available under title IV of Public Law 95-87 may be used for any
    required non-Federal share of the cost of projects funded by the Federal
    Government for the purpose of environmental restoration related to
    treatment or abatement of acid mine drainage from abandoned mines:
    Provided further, That such projects must be consistent with the
    purposes and priorities of the Surface Mining Control and Reclamation
    Act:  Provided further, That amounts provided under this heading may be
    used for the travel and per diem expenses of State and tribal personnel
    attending Office of Surface Mining Reclamation and Enforcement sponsored
    training.

    In addition, $115,000,000, to remain available until expended, for
    grants to States and federally recognized Indian Tribes for reclamation
    of abandoned mine lands and other related activities in accordance with
    the terms and conditions described in the

    [[Page 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: <>
    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 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: <>   Provided further, That any such
    unobligated balances not so transferred shall expire on September 30,
    2023:  Provided further, That in order to enhance the safety of Bureau
    field employees, the Bureau may use funds to purchase uniforms or other
    identifying articles of clothing for personnel:  Provided further, That
    the Bureau of Indian Affairs may accept transfers of funds from United
    States Customs and Border Protection to supplement any other funding
    available for reconstruction or repair of roads owned by the Bureau of
    Indian Affairs as identified on the National Tribal Transportation
    Facility Inventory, 23 U.S.C. 202(b)(1):  Provided further,
    That <>  $1,000,000 made available for Assistant
    Secretary Support shall not be available for obligation until the
    Assistant Secretary-Indian Affairs provides the reports requested by the
    Committees on Appropriations of the House of Representatives and the
    Senate related to the Tiwahe Initiative.

    contract support costs

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

    payments for tribal leases

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

    construction

    (including transfer of funds)

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

    [[Page 1492]]

    That this <>  appropriation may be reimbursed from
    the Office of the Special Trustee for American Indians appropriation for
    the appropriate share of construction costs for space expansion needed
    in agency offices to meet trust reform implementation:  Provided
    further, That of the funds made available under this heading,
    $10,000,000 shall be derived from the Indian Irrigation Fund established
    by section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 1749).

    indian land and water claim settlements and miscellaneous payments to
    indians

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

    indian guaranteed loan program account

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

    Bureau of Indian Education

    operation of indian education programs

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

    [[Page 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 <>
    order to ensure timely completion of construction projects, the
    Secretary of the Interior may assume control of a project and all funds
    related to the project, if, not later than 18 months after the date of
    the enactment of this Act, any Public Law 100-297 (25 U.S.C. 2501, et
    seq.) grantee receiving funds appropriated in this Act or in any prior
    Act, has not completed the planning and design phase of the project and
    commenced construction.

    administrative provisions

    The <>  Bureau of Indian Affairs and the
    Bureau of Indian Education may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts, and grants, either directly or in cooperation with States and
    other organizations.

    Notwithstanding <>  Public Law 87-279 (25 U.S.C.
    15), the Bureau of Indian Affairs may contract for services in support
    of the management, operation, and maintenance of the Power Division of
    the San Carlos Irrigation Project.

    Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs or the Bureau of Indian Education for
    central office oversight and Executive Direction and Administrative
    Services (except Executive Direction and Administrative Services funding
    for Tribal Priority Allocations, regional offices, and facilities
    operations and maintenance) shall be available for contracts, grants,
    compacts, or cooperative agreements with the Bureau of Indian Affairs or
    the Bureau of Indian Education under the provisions of the Indian Self-
    Determination Act or the Tribal Self-Governance Act of 1994 (Public Law
    103-413).
    In the event any tribe returns appropriations made available by this
    Act to the Bureau of Indian Affairs or the Bureau of Indian Education,
    this action shall not diminish the Federal Government's trust
    responsibility to that tribe, or the government-to-government
    relationship between the United States and that tribe, or that tribe's
    ability to access future appropriations.
    Notwithstanding <>  any other provision of law, no
    funds available to the Bureau of Indian Education, other than the
    amounts provided herein for assistance to public schools under 25 U.S.C.
    452 et seq., shall be available to support the operation of any
    elementary or secondary school in the State of Alaska.

    No <>  funds available to
    the Bureau of Indian Education shall be used to support expanded grades
    for any school or dormitory beyond the grade structure in place or
    approved by the Secretary of the Interior at each school in the Bureau
    of Indian Education school system as of October 1, 1995, except that the
    Secretary of the Interior may waive this prohibition to support
    expansion of up to one additional grade when the Secretary determines
    such waiver is needed to support accomplishment of the mission of the
    Bureau of Indian Education, or more than one grade to expand the
    elementary grade structure for Bureau-funded schools with a K-2 grade
    structure on October 1, 1996. Appropriations made

    [[Page 1494]]

    available in this or any prior Act for schools funded by the Bureau
    shall be available, in accordance with the Bureau's funding formula,
    only to the schools in the Bureau school system as of September 1, 1996,
    and to any school or school program that was reinstated in fiscal year
    2012. <>  Funds made available
    under this Act may not be used to establish a charter school at a
    Bureau-funded school (as that term is defined in section 1141 of the
    Education Amendments of 1978 (25 U.S.C. 2021)), except that a charter
    school that is in existence on the date of the enactment of this Act and
    that has operated at a Bureau-funded school before September 1, 1999,
    may continue to operate during that period, but only if the charter
    school pays to the Bureau a pro rata share of funds to reimburse the
    Bureau for the use of the real and personal property (including buses
    and vans), the funds of the charter school are kept separate and apart
    from Bureau funds, and the Bureau does not assume any obligation for
    charter school programs of the State in which the school is located if
    the charter school loses such funding. Employees of Bureau-funded
    schools sharing a campus with a charter school and performing functions
    related to the charter school's operation and employees of a charter
    school shall not be treated as Federal employees for purposes of chapter
    171 of title 28, United States Code.

    Notwithstanding any other provision of law, including section 113 of
    title I of appendix C of Public Law 106-113, if in fiscal year 2003 or
    2004 a grantee received indirect and administrative costs pursuant to a
    distribution formula based on section 5(f) of Public Law 101-301, the
    Secretary shall continue to distribute indirect and administrative cost
    funds to such grantee using the section 5(f) distribution formula.
    Funds <>  available under this
    Act may not be used to establish satellite locations of schools in the
    Bureau school system as of September 1, 1996, except that the Secretary
    may waive this prohibition in order for an Indian tribe to provide
    language and cultural immersion educational programs for non-public
    schools located within the jurisdictional area of the tribal government
    which exclusively serve tribal members, do not include grades beyond
    those currently served at the existing Bureau-funded school, provide an
    educational environment with educator presence and academic facilities
    comparable to the Bureau-funded school, comply with all applicable
    Tribal, Federal, or State health and safety standards, and the Americans
    with Disabilities Act, and demonstrate the benefits of establishing
    operations at a satellite location in lieu of incurring extraordinary
    costs, such as for transportation or other impacts to students such as
    those caused by busing students extended distances:  Provided, That no
    funds available under this Act may be used to fund operations,
    maintenance, rehabilitation, construction, or other facilities-related
    costs for such assets that are not owned by the
    Bureau: <>   Provided further, That the term
    ``satellite school'' means a school location physically separated from
    the existing Bureau school by more than 50 miles but that forms part of
    the existing school in all other respects.

    Funds made available for Tribal Priority Allocations within
    Operation of Indian Programs and Operation of Indian Education Programs
    may be used to execute requested adjustments in tribal priority
    allocations initiated by an Indian Tribe.

    [[Page 1495]]

    Office of the Special Trustee for American Indians

    federal trust programs

    (including transfer of funds)

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

    [[Page 1496]]

    Departmental Offices

    Office of the Secretary

    departmental operations

    (including transfer and rescission of funds)

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

    administrative provisions

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

    [[Page 1497]]

    Insular Affairs

    assistance to territories

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

    compact of free association

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

    [[Page 1498]]

    Administrative Provisions

    (including transfer of funds)

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

    Office of the Solicitor

    salaries and expenses

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

    Office of Inspector General

    salaries and expenses

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

    Department-Wide Programs

    wildland fire management

    (including transfers of funds)

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

    [[Page 1499]]

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

    [[Page 1500]]

    education and training, and cooperation with United States and
    international organizations:  Provided further, That of the funds
    provided under this heading $383,657,000 is provided to meet the terms
    of section 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended.

    wildfire suppression operations reserve fund

    (including transfers of funds)

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

    central hazardous materials fund

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

    Natural Resource Damage Assessment and Restoration

    natural resource damage assessment fund

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

    [[Page 1501]]

    U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000, to
    remain available until expended.

    working capital fund

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

    administrative provision

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

    office of natural resources revenue

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

    [[Page 1502]]

    General Provisions, Department of the Interior

    (including transfers of funds)

    emergency transfer authority--intra-bureau

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

    emergency transfer authority--department-wide

    Sec. 102.  The Secretary of the Interior may authorize the
    expenditure or transfer of any no year appropriation in this title, in
    addition to the amounts included in the budget programs of the several
    agencies, for the suppression or emergency prevention of wildland fires
    on or threatening lands under the jurisdiction of the Department of the
    Interior; for the emergency rehabilitation of burned-over lands under
    its jurisdiction; for emergency actions related to potential or actual
    earthquakes, floods, volcanoes, storms, or other unavoidable causes; for
    contingency planning subsequent to actual oil spills; for response and
    natural resource damage assessment activities related to actual oil
    spills or releases of hazardous substances into the environment; for the
    prevention, suppression, and control of actual or potential grasshopper
    and Mormon cricket outbreaks on lands under the jurisdiction of the
    Secretary, pursuant to the authority in section 417(b) of Public Law
    106-224 (7 U.S.C. 7717(b)); for emergency reclamation projects under
    section 410 of Public Law 95-87; and shall transfer, from any no year
    funds available to the Office of Surface Mining Reclamation and
    Enforcement, such funds as may be necessary to permit assumption of
    regulatory authority in the event a primacy State is not carrying out
    the regulatory provisions of the Surface Mining Act:  Provided, That
    appropriations <>  made in this title for wildland
    fire operations shall be available for the payment of obligations
    incurred during the preceding fiscal year, and for reimbursement to
    other Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    with such reimbursement to be credited to appropriations currently
    available at the time of receipt
    thereof: <>   Provided further, That for
    wildland fire operations, no funds shall be made available under this
    authority until the Secretary determines that funds appropriated for
    ``wildland fire suppression'' shall be exhausted within 30 days:
    Provided further, That all funds used pursuant to this section must be
    replenished by a supplemental appropriation, which must be requested as
    promptly as possible: <>   Provided further, That
    such replenishment funds shall be used to reimburse, on a pro rata
    basis, accounts from which emergency funds were transferred.

    [[Page 1503]]

    authorized use of funds

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

    authorized use of funds, indian trust management

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

    redistribution of funds, bureau of indian affairs

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

    ellis, governors, and liberty islands

    Sec. 106.  Notwithstanding <>  any other provision of law, the Secretary of the
    Interior is authorized to acquire lands, waters, or interests therein,
    including the use of all or part of any pier, dock, or landing within
    the State of New York and the State of New Jersey, for the purpose of
    operating and maintaining facilities in the support of transportation
    and accommodation of visitors to Ellis, Governors, and Liberty Islands,
    and of other program and administrative activities, by donation or with
    appropriated funds, including franchise fees (and other monetary
    consideration), or by exchange; and the Secretary is authorized to
    negotiate and

    [[Page 1504]]

    enter into leases, subleases, concession contracts, or other agreements
    for the use of such facilities on such terms and conditions as the
    Secretary may determine reasonable.

    outer continental shelf inspection fees

    Sec. 107. (a) In fiscal year 2021, the Secretary of the Interior
    shall collect a nonrefundable inspection fee, which shall be deposited
    in the ``Offshore Safety and Environmental Enforcement'' account, from
    the designated operator for facilities subject to inspection under 43
    U.S.C. 1348(c).
    (b) Annual fees shall be collected for facilities that are above the
    waterline, excluding drilling rigs, and are in place at the start of the
    fiscal year. Fees for fiscal year 2021 shall be--
    (1) $10,500 for facilities with no wells, but with
    processing equipment or gathering lines;
    (2) $17,000 for facilities with 1 to 10 wells, with any
    combination of active or inactive wells; and
    (3) $31,500 for facilities with more than 10 wells, with any
    combination of active or inactive wells.

    (c) Fees for drilling rigs shall be assessed for all inspections
    completed in fiscal year 2021. Fees for fiscal year 2021 shall be--
    (1) $30,500 per inspection for rigs operating in water
    depths of 500 feet or more; and
    (2) $16,700 per inspection for rigs operating in water
    depths of less than 500 feet.

    (d) Fees for inspection of well operations conducted via non-rig
    units as outlined in title 30 CFR 250 subparts D, E, F, and Q shall be
    assessed for all inspections completed in fiscal year 2021. Fees for
    fiscal year 2021 shall be--
    (1) $13,260 per inspection for non-rig units operating in
    water depths of 2,500 feet or more;
    (2) $11,530 per inspection for non-rig units operating in
    water depths between 500 and 2,499 feet; and
    (3) $4,470 per inspection for non-rig units operating in
    water depths of less than 500 feet.

    (e) <>  The Secretary shall bill
    designated operators under subsection (b) quarterly, with payment
    required within 30 days of billing. The Secretary shall bill designated
    operators under subsection (c) within 30 days of the end of the month in
    which the inspection occurred, with payment required within 30 days of
    billing. The Secretary shall bill designated operators under subsection
    (d) with payment required by the end of the following quarter.

    contracts and agreements for wild horse and burro holding facilities

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

    [[Page 1505]]

    mass marking of salmonids

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

    contracts and agreements with indian affairs

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

    department of the interior experienced services program

    Sec. 111. (a) <>  Notwithstanding any
    other provision of law relating to Federal grants and cooperative
    agreements, the Secretary of the Interior is authorized to make grants
    to, or enter into cooperative agreements with, private nonprofit
    organizations designated by the Secretary of Labor under title V of the
    Older Americans Act of 1965 to utilize the talents of older Americans in
    programs authorized by other provisions of law administered by the
    Secretary and consistent with such provisions of law.

    (b) Prior to awarding any grant or agreement under subsection (a),
    the Secretary shall ensure that the agreement would not--
    (1) result in the displacement of individuals currently
    employed by the Department, including partial displacement
    through reduction of non-overtime hours, wages, or employment
    benefits;
    (2) result in the use of an individual under the Department
    of the Interior Experienced Services Program for a job or
    function in a case in which a Federal employee is in a layoff
    status from the same or substantially equivalent job within the
    Department; or
    (3) affect existing contracts for services.

    obligation of funds

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

    extension of authorities

    Sec. 113. (a) Section 708(a) of division II of Public Law 104-333,
    as amended <>  by Public Law 110-229 section
    461, is further amended by striking `` $15,000,000'' and inserting ``
    $17,000,000''.

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

    [[Page 1506]]

    separation of accounts

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

    payments in lieu of taxes (pilt)

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

    sage-grouse

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

    disclosure of departure or alternate procedure approval

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

    (b) The head of each bureau may exclude confidential business
    information.

    medical services fund

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

    interagency motor pool

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

    [[Page 1507]]

    long bridge project

    Sec. 120. (a) <>
    Authorization of Conveyance.--On request by the State of Virginia or the
    District of Columbia for the purpose of the construction of rail and
    other infrastructure relating to the Long Bridge Project, the Secretary
    of the Interior may convey to the State or the District of Columbia, as
    applicable, all right, title, and interest of the United States in and
    to any portion of the approximately 4.4 acres of National Park Service
    land depicted as ``Permanent Impact to NPS Land'' on the Map dated May
    15, 2020, that is identified by the State or the District of Columbia.

    (b) Terms and Conditions.--Such conveyance of the National Park
    Service land under subsection (a) shall be subject to any terms and
    conditions that the Secretary may require. If such conveyed land is no
    longer being used for the purposes specified in this section, the lands
    or interests therein shall revert to the National Park Service after
    they have been restored or remediated to the satisfaction of the
    Secretary.
    (c) Corrections.--The Secretary and the State or the District of
    Columbia, as applicable, by mutual agreement, may--
    (1) make minor boundary adjustments to the National Park
    Service land to be conveyed to the State or the District of
    Columbia under subsection (a); and
    (2) correct any minor errors in the Map referred to in
    subsection (a).

    (d) Definitions.--For purposes of this section:
    (1) Long bridge project.--The term ``Long Bridge Project''
    means the rail project, as identified by the Federal Railroad
    Administration, from Rosslyn (RO) Interlocking in Arlington,
    Virginia, to L'Enfant (LE) Interlocking in Washington, DC, which
    includes a bicycle and pedestrian bridge.
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior, acting through the Director of the National
    Park Service.
    (3) State.--The term ``State'' means the State of Virginia.

    TITLE II

    ENVIRONMENTAL PROTECTION AGENCY

    Science and Technology

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

    [[Page 1508]]

    Environmental Programs and Management

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

    Hazardous Waste Electronic Manifest System Fund

    For necessary expenses to carry out section 3024 of the Solid Waste
    Disposal Act (42 U.S.C. 6939g), including the development, operation,
    maintenance, and upgrading of the hazardous waste electronic manifest
    system established by such section, $8,000,000, to remain available
    until expended:  Provided, That the sum herein appropriated from the
    general fund shall be reduced as offsetting collections under such
    section 3024 are received during fiscal year 2021, which shall remain
    available until expended and be used for necessary expenses in this
    appropriation, so as to result in

    [[Page 1509]]

    a final fiscal year 2021 appropriation from the general fund estimated
    at not more than $0:  Provided further, That to the extent such
    offsetting collections received in fiscal year 2021 exceed $8,000,000,
    those excess amounts shall remain available until expended and be used
    for necessary expenses in this appropriation.

    Office of Inspector General

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

    Buildings and Facilities

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

    Hazardous Substance Superfund

    (including transfers of funds)

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

    Leaking Underground Storage Tank Trust Fund Program

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

    [[Page 1510]]

    Inland Oil Spill Programs

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

    State and Tribal Assistance Grants

    For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $4,313,901,000, to remain available until expended,
    of which--
    (1) $1,638,826,000 shall be for making capitalization grants
    for the Clean Water State Revolving Funds under title VI of the
    Federal Water Pollution Control Act; and of which $1,126,088,000
    shall be for making capitalization grants for the Drinking Water
    State Revolving Funds under section 1452 of the Safe Drinking
    Water Act:  Provided, That for fiscal year 2021, to the extent
    there are sufficient eligible project applications and projects
    are consistent with State Intended Use Plans, not less than 10
    percent of the funds made available under this title to each
    State for Clean Water State Revolving Fund capitalization grants
    shall be used by the State for projects to address green
    infrastructure, water or energy efficiency improvements, or
    other environmentally innovative activities:  Provided further,
    That for fiscal year 2021, funds made available under this title
    to each State for Drinking Water State Revolving Fund
    capitalization grants may, at the discretion of each State, be
    used for projects to address green infrastructure, water or
    energy efficiency improvements, or other environmentally
    innovative activities:  Provided further, That notwithstanding
    section 603(d)(7) of the Federal Water Pollution Control Act,
    the limitation on the amounts in a State water pollution control
    revolving fund that may be used by a State to administer the
    fund shall not apply to amounts included as principal in loans
    made by such fund in fiscal year 2021 and prior years where such
    amounts represent costs of administering the fund to the extent
    that such amounts are or were deemed reasonable by the
    Administrator, accounted for separately from other assets in the
    fund, and used for eligible purposes of the fund, including
    administration:  Provided further,
    That <>  for fiscal
    year 2021, notwithstanding the provisions of subsections (g)(1),
    (h), and (l) of section 201 of the Federal Water Pollution
    Control Act, grants made under title II of such Act for American
    Samoa, Guam, the Commonwealth of the Northern Marianas, the
    United States Virgin Islands, and the District of Columbia may
    also be made for the purpose of providing assistance: (1) solely
    for facility plans, design activities, or plans, specifications,
    and estimates for any proposed project for the construction of
    treatment works; and (2) for the construction, repair, or
    replacement of privately owned treatment works serving one or
    more principal residences or small commercial establishments:
    Provided further, That for fiscal year 2021, notwithstanding the
    provisions of such subsections (g)(1), (h), and (l) of section
    201 and section 518(c) of the Federal Water Pollution Control
    Act, funds reserved

    [[Page 1511]]

    by the Administrator for grants under section 518(c) of the
    Federal Water Pollution Control Act may also be used to provide
    assistance: (1) solely for facility plans, design activities, or
    plans, specifications, and estimates for any proposed project
    for the construction of treatment works; and (2) for the
    construction, repair, or replacement of privately owned
    treatment works serving one or more principal residences or
    small commercial establishments:  Provided further, That for
    fiscal year 2021, notwithstanding any provision of the Federal
    Water Pollution Control Act and regulations issued pursuant
    thereof, up to a total of $2,000,000 of the funds reserved by
    the Administrator for grants under section 518(c) of such Act
    may also be used for grants for training, technical assistance,
    and educational programs relating to the operation and
    management of the treatment works specified in section 518(c) of
    such Act:  Provided further,
    That <>  for fiscal year 2021,
    funds reserved under section 518(c) of such Act shall be
    available for grants only to Indian tribes, as defined in
    section 518(h) of such Act and former Indian reservations in
    Oklahoma (as determined by the Secretary of the Interior) and
    Native Villages as defined in Public Law 92-203:  Provided
    further, That for fiscal year 2021, notwithstanding the
    limitation on amounts in section 518(c) of the Federal Water
    Pollution Control Act, up to a total of 2 percent of the funds
    appropriated, or $30,000,000, whichever is greater, and
    notwithstanding the limitation on amounts in section 1452(i) of
    the Safe Drinking Water Act, up to a total of 2 percent of the
    funds appropriated, or $20,000,000, whichever is greater, for
    State Revolving Funds under such Acts may be reserved by the
    Administrator for grants under section 518(c) and section
    1452(i) of such Acts: <>   Provided further,
    That for fiscal year 2021, notwithstanding the amounts specified
    in section 205(c) of the Federal Water Pollution Control Act, up
    to 1.5 percent of the aggregate funds appropriated for the Clean
    Water State Revolving Fund program under the Act less any sums
    reserved under section 518(c) of the Act, may be reserved by the
    Administrator for grants made under title II of the Federal
    Water Pollution Control Act for American Samoa, Guam, the
    Commonwealth of the Northern Marianas, and United States Virgin
    Islands:  Provided further, That for fiscal year 2021,
    notwithstanding the limitations on amounts specified in section
    1452(j) of the Safe Drinking Water Act, up to 1.5 percent of the
    funds appropriated for the Drinking Water State Revolving Fund
    programs under the Safe Drinking Water Act may be reserved by
    the Administrator for grants made under section 1452(j) of the
    Safe Drinking Water Act:  Provided further,
    That <>  10 percent of the funds made
    available under this title to each State for Clean Water State
    Revolving Fund capitalization grants and 14 percent of the funds
    made available under this title to each State for Drinking Water
    State Revolving Fund capitalization grants shall be used by the
    State to provide additional subsidy to eligible recipients in
    the form of forgiveness of principal, negative interest loans,
    or grants (or any combination of these), and shall be so used by
    the State only where such funds are provided as initial
    financing for an eligible recipient or to buy, refinance, or
    restructure the debt obligations of eligible recipients only
    where such debt was incurred on or after the date of enactment

    [[Page 1512]]

    of this Act, or where such debt was incurred prior to the date
    of enactment of this Act if the State, with concurrence from the
    Administrator, determines that such funds could be used to help
    address a threat to public health from heightened exposure to
    lead in drinking water or if a Federal or State emergency
    declaration has been issued due to a threat to public health
    from heightened exposure to lead in a municipal drinking water
    supply before the date of enactment of this Act:  Provided
    further, That in a State in which such an emergency declaration
    has been issued, the State may use more than 14 percent of the
    funds made available under this title to the State for Drinking
    Water State Revolving Fund capitalization grants to provide
    additional subsidy to eligible recipients;
    (2) <>  $30,000,000 shall be for
    architectural, engineering, planning, design, construction and
    related activities in connection with the construction of high
    priority water and wastewater facilities in the area of the
    United States-Mexico Border, after consultation with the
    appropriate border commission:  Provided, That no funds provided
    by this appropriations Act to address the water, wastewater and
    other critical infrastructure needs of the colonias in the
    United States along the United States-Mexico border shall be
    made available to a county or municipal government unless that
    government has established an enforceable local ordinance, or
    other zoning rule, which prevents in that jurisdiction the
    development or construction of any additional colonia areas, or
    the development within an existing colonia the construction of
    any new home, business, or other structure which lacks water,
    wastewater, or other necessary infrastructure;
    (3) $36,186,000 shall be for grants to the State of Alaska
    to address drinking water and wastewater infrastructure needs of
    rural and Alaska Native Villages:  Provided, That of these
    funds: (A) the State of Alaska shall provide a match of 25
    percent; (B) no more than 5 percent of the funds may be used for
    administrative and overhead expenses; and (C) the State of
    Alaska shall make awards consistent with the Statewide priority
    list established in conjunction with the Agency and the U.S.
    Department of Agriculture for all water, sewer, waste disposal,
    and similar projects carried out by the State of Alaska that are
    funded under section 221 of the Federal Water Pollution Control
    Act (33 U.S.C. 1301) or the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
    less than 25 percent of the funds provided for projects in
    regional hub communities;
    (4) $90,982,000 shall be to carry out section 104(k) of the
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 (CERCLA), including grants, interagency
    agreements, and associated program support costs:  Provided,
    That at least 10 percent shall be allocated for assistance in
    persistent poverty counties: <>   Provided
    further, That for purposes of this section, the term
    ``persistent poverty counties'' means any county that has had 20
    percent or more of its population living in poverty over the
    past 30 years, as measured by the 1990 and 2000 decennial
    censuses and the most recent Small Area Income and Poverty
    Estimates, or any territory or possession of the United States;

    [[Page 1513]]

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

    [[Page 1514]]

    Water Infrastructure Finance and Innovation Program Account

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

    In addition, fees authorized to be collected pursuant to sections
    5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
    2014 shall be deposited in this account, to remain available until
    expended.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, notwithstanding section 5033 of the Water
    Infrastructure Finance and Innovation Act of 2014, $5,500,000, to remain
    available until September 30, 2022.

    Administrative Provisions--Environmental Protection Agency

    (including transfers and rescission of funds)

    For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
    the Administrator of the Environmental Protection Agency, in carrying
    out the Agency's function to implement directly Federal

    [[Page 1515]]

    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally recognized Indian tribes or Intertribal consortia, if
    authorized by their member tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance agreements.
    The <>  Administrator of the Environmental Protection
    Agency is authorized to collect and obligate pesticide registration
    service fees in accordance with section 33 of the Federal Insecticide,
    Fungicide, and Rodenticide Act (7 U.S.C. 136w-8).

    Notwithstanding <>  section 33(d)(2) of the Federal
    Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-
    8(d)(2)), the Administrator of the Environmental Protection Agency may
    assess fees under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year
    2021.

    The Administrator is authorized to transfer up to $330,000,000 of
    the funds appropriated for the Great Lakes Restoration Initiative under
    the heading ``Environmental Programs and Management'' to the head of any
    Federal department or agency, with the concurrence of such head, to
    carry out activities that would support the Great Lakes Restoration
    Initiative and Great Lakes Water Quality Agreement programs, projects,
    or activities; to enter into an interagency agreement with the head of
    such Federal department or agency to carry out these activities; and to
    make grants to governmental entities, nonprofit organizations,
    institutions, and individuals for planning, research, monitoring,
    outreach, and implementation in furtherance of the Great Lakes
    Restoration Initiative and the Great Lakes Water Quality Agreement.
    The Science and Technology, Environmental Programs and Management,
    Office of Inspector General, Hazardous Substance Superfund, and Leaking
    Underground Storage Tank Trust Fund Program Accounts, are available for
    the construction, alteration, repair, rehabilitation, and renovation of
    facilities, provided that the cost does not exceed $150,000 per project.
    For <>  fiscal year 2021, and notwithstanding section
    518(f) of the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
    the Administrator is authorized to use the amounts appropriated for any
    fiscal year under section 319 of the Act to make grants to Indian tribes
    pursuant to sections 319(h) and 518(e) of that Act.

    The <>  Administrator is authorized to use the
    amounts appropriated under the heading ``Environmental Programs and
    Management'' for fiscal year 2021 to provide grants to implement the
    Southeastern New England Watershed Restoration Program.

    Notwithstanding the limitations on amounts in section 320(i)(2)(B)
    of the Federal Water Pollution Control Act, not less than $1,500,000 of
    the funds made available under this title for the National Estuary
    Program shall be for making competitive awards described in section
    320(g)(4).
    For <>  fiscal year 2021, the Office of Chemical
    Safety and Pollution Prevention and the Office of Water may, using funds
    appropriated under the headings ``Environmental Programs and
    Management'' and ``Science and Technology'', contract directly with
    individuals or indirectly with institutions or nonprofit organizations,
    without regard to 41 U.S.C. 5, for the temporary or intermittent
    personal services of students or recent graduates, who shall be
    considered

    [[Page 1516]]

    employees for the purposes of chapters 57 and 81 of title 5, United
    States Code, relating to compensation for travel and work injuries, and
    chapter 171 of title 28, United States Code, relating to tort claims,
    but shall not be considered to be Federal employees for any other
    purpose:  Provided, That amounts used for this purpose by the Office of
    Chemical Safety and Pollution Prevention and the Office of Water
    collectively may not exceed $2,000,000.

    Of the unobligated balances available for the ``State and Tribal
    Assistance Grants'' account, $27,991,000 are hereby permanently
    rescinded:  Provided, That no amounts may be rescinded from amounts that
    were designated by the Congress as an emergency requirement pursuant to
    the Concurrent Resolution on the Budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    TITLE III

    RELATED AGENCIES

    DEPARTMENT OF AGRICULTURE

    office of the under secretary for natural resources and environment

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

    Forest Service

    forest service operations

    (Including Transfers of Funds)

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

    [[Page 1517]]

    forest and rangeland research

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

    state and private forestry

    (including rescission of funds)

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

    national forest system

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

    [[Page 1518]]

    Service under the ``State and Private Forestry'' appropriations:
    Provided further, That <>  notwithstanding section 33 of the Bankhead Jones Farm Tenant
    Act (7 U.S.C. 1012), the Secretary of Agriculture, in calculating a fee
    for grazing on a National Grassland, may provide a credit of up to 50
    percent of the calculated fee to a Grazing Association or direct
    permittee for a conservation practice approved by the Secretary in
    advance of the fiscal year in which the cost of the conservation
    practice is incurred, and that the amount credited shall remain
    available to the Grazing Association or the direct permittee, as
    appropriate, in the fiscal year in which the credit is made and each
    fiscal year thereafter for use on the project for conservation practices
    approved by the Secretary:  Provided further, That funds appropriated to
    this account shall be available for the base salary and expenses of
    employees that carry out the functions funded by the ``Capital
    Improvement and Maintenance'' account, the ``Range Betterment Fund''
    account, and the ``Management of National Forests for Subsistence Uses''
    account.

    Capital Improvement and Maintenance

    (including transfer of funds)

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

    land acquisition

    (rescission of funds)

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

    acquisition of lands for national forests special acts

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

    [[Page 1519]]

    acquisition of lands to complete land exchanges

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

    range betterment fund

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

    gifts, donations and bequests for forest and rangeland research

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

    management of national forest lands for subsistence uses

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

    wildland fire management

    (including transfers of funds)

    For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency wildland fire suppression on
    or adjacent to such lands or other lands under fire protection
    agreement, and for emergency rehabilitation of burned-over National
    Forest System lands and water, $1,927,241,000, to remain available until
    expended:  Provided, That such funds including unobligated balances
    under this heading, are available for repayment of advances from other
    appropriations accounts previously transferred for such purposes:
    Provided further, That any unobligated funds appropriated in a previous
    fiscal year for hazardous fuels management may be transferred to the
    ``National Forest System'' account: <>   Provided
    further, That such funds shall be available to reimburse State and other
    cooperating entities for services provided in response to wildfire and
    other emergencies or disasters to the extent such reimbursements by the
    Forest Service for non-fire emergencies are fully repaid by the
    responsible emergency management agency:  Provided further,

    [[Page 1520]]

    That funds provided shall be available for support to Federal emergency
    response:  Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-Federal
    entity may be shared, as mutually agreed on by the affected parties:
    Provided further, That of the funds provided under this heading,
    $1,011,000,000 shall be available for wildfire suppression operations,
    and is provided to the meet the terms of section 251(b)(2)(F)(ii)(I) of
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended.

    wildfire suppression operations reserve fund

    (including transfers of funds)

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

    communications site administration

    (including transfer of funds)

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

    [[Page 1521]]

    administrative provisions--forest service

    (including transfers of funds)

    Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire of
    such vehicles; purchase, lease, operation, maintenance, and acquisition
    of aircraft to maintain the operable fleet for use in Forest Service
    wildland fire programs and other Forest Service programs;
    notwithstanding other provisions of law, existing aircraft being
    replaced may be sold, with proceeds derived or trade-in value used to
    offset the purchase price for the replacement aircraft; (2) services
    pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
    under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
    and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
    waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
    expenses pursuant to the Volunteers in the National Forest Act of 1972
    (16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
    authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
    in accordance with 31 U.S.C. 3718(c).
    Funds made available to the Forest Service in this Act may be
    transferred between accounts affected by the Forest Service budget
    restructure outlined in section 435 of division D of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94):  Provided,
    That any transfer of funds pursuant to this paragraph shall not increase
    or decrease the funds appropriated to any account in this fiscal year by
    more than ten percent:  Provided further, That such transfer authority
    is in addition to any other transfer authority provided by law.
    Any <>  appropriations or funds
    available to the Forest Service may be transferred to the Wildland Fire
    Management appropriation for forest firefighting, emergency
    rehabilitation of burned-over or damaged lands or waters under its
    jurisdiction, and fire preparedness due to severe burning conditions
    upon the Secretary of Agriculture's notification of the House and Senate
    Committees on Appropriations that all fire suppression funds
    appropriated under the heading ``Wildland Fire Management'' will be
    obligated within 30 days:  Provided, That all funds used pursuant to
    this paragraph must be replenished by a supplemental appropriation which
    must be requested as promptly as possible.

    Not more than $50,000,000 of funds appropriated to the Forest
    Service shall be available for expenditure or transfer to the Department
    of the Interior for wildland fire management, hazardous fuels
    management, and State fire assistance when such transfers would
    facilitate and expedite wildland fire management programs and projects.
    Notwithstanding any other provision of this Act, the Forest Service
    may transfer unobligated balances of discretionary funds appropriated to
    the Forest Service by this Act to or within the National Forest System
    Account, or reprogram funds to be used for the purposes of hazardous
    fuels management and urgent rehabilitation of burned-over National
    Forest System lands and water, such transferred funds shall remain
    available through September 30, 2024: <>   Provided, That none of the funds transferred pursuant to
    this section shall be available for obligation without

    [[Page 1522]]

    written notification to and the prior approval of the Committees on
    Appropriations of both Houses of Congress.

    Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with U.S., private,
    and international organizations. The Forest Service, acting for the
    International Program, may sign direct funding agreements with foreign
    governments and institutions as well as other domestic agencies
    (including the U.S. Agency for International Development, the Department
    of State, and the Millennium Challenge Corporation), U.S. private sector
    firms, institutions and organizations to provide technical assistance
    and training programs overseas on forestry and rangeland management.
    Funds <>  appropriated to the Forest
    Service shall be available for expenditure or transfer to the Department
    of the Interior, Bureau of Land Management, for removal, preparation,
    and adoption of excess wild horses and burros from National Forest
    System lands, and for the performance of cadastral surveys to designate
    the boundaries of such lands.

    None <>  of the funds made available to the
    Forest Service in this Act or any other Act with respect to any fiscal
    year shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
    section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
    of Public Law 107-171 (7 U.S.C. 8316(b)).

    Not more than $82,000,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $14,500,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture for
    Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain information technology services, including telecommunications and
    system modifications or enhancements, from the Working Capital Fund of
    the Department of Agriculture.
    Of the funds available to the Forest Service, up to $5,000,000 shall
    be available for priority projects within the scope of the approved
    budget, which shall be carried out by the Youth Conservation Corps and
    shall be carried out under the authority of the Public Lands Corps Act
    of 1993 (16 U.S.C. 1721 et seq.).
    Of the funds available to the Forest Service, $4,000 is available to
    the Chief of the Forest Service for official reception and
    representation expenses.
    Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
    funds available to the Forest Service, up to $3,000,000 may be advanced
    in a lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for projects on or
    benefitting National Forest System lands or related to Forest Service
    programs:  Provided, That of the Federal funds made available to the
    Foundation, no more than $300,000 shall be available for administrative
    expenses:  Provided

    [[Page 1523]]

    further, That the Foundation shall obtain, by the end of the period of
    Federal financial assistance, private contributions to match funds made
    available by the Forest Service on at least a one-for-one basis:
    Provided further, That the Foundation may transfer Federal funds to a
    Federal or a non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds.
    Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
    of the funds available to the Forest Service may be advanced to the
    National Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest Service
    programs:  Provided, That such funds shall be matched on at least a one-
    for-one basis by the Foundation or its sub-recipients:  Provided
    further, That the Foundation may transfer Federal funds to a Federal or
    non-Federal recipient for a project at the same rate that the recipient
    has obtained the non-Federal matching funds.
    Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
    Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
    Any funds appropriated to the Forest Service may be used to meet the
    non-Federal share requirement in section 502(c) of the Older Americans
    Act of 1965 (42 U.S.C. 3056(c)(2)).
    The Forest Service shall not assess funds for the purpose of
    performing fire, administrative, and other facilities maintenance and
    decommissioning.
    Notwithstanding <>  any other provision of
    law, of any appropriations or funds available to the Forest Service, not
    to exceed $500,000 may be used to reimburse the Office of the General
    Counsel (OGC), Department of Agriculture, for travel and related
    expenses incurred as a result of OGC assistance or participation
    requested by the Forest Service at meetings, training sessions,
    management reviews, land purchase negotiations, and similar matters
    unrelated to civil litigation. Future budget justifications for both the
    Forest Service and the Department of Agriculture should clearly display
    the sums previously transferred and the sums requested for transfer.

    An eligible individual who is employed in any project funded under
    title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Indian Health Service

    indian health services

    For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination and Education Assistance Act,
    the Indian Health Care Improvement Act, and titles

    [[Page 1524]]

    II and III of the Public Health Service Act with respect to the Indian
    Health Service, $4,301,391,000 to remain available until September 30,
    2022, except as otherwise provided herein, together with payments
    received during the fiscal year pursuant to sections 231(b) and 233 of
    the Public Health Service Act (42 U.S.C. 238(b) and 238b), for services
    furnished by the Indian Health Service:  Provided, That funds made
    available to tribes and tribal organizations through contracts, grant
    agreements, or any other agreements or compacts authorized by the Indian
    Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450),
    shall be deemed to be obligated at the time of the grant or contract
    award and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation:  Provided further, That
    $2,500,000 shall be available for grants or contracts with public or
    private institutions to provide alcohol or drug treatment services to
    Indians, including alcohol detoxification services: Provided further,
    That $975,856,000 for Purchased/Referred Care, including $53,000,000 for
    the Indian Catastrophic Health Emergency Fund, shall remain available
    until expended: Provided further, That of the funds provided, up to
    $41,000,000 shall remain available until expended for implementation of
    the loan repayment program under section 108 of the Indian Health Care
    Improvement Act:  Provided further, That of the funds provided,
    $58,000,000 shall be for costs related to or resulting from
    accreditation emergencies, including supplementing activities funded
    under the heading ``Indian Health Facilities,'' of which up to
    $4,000,000 may be used to supplement amounts otherwise available for
    Purchased/Referred Care:  Provided further, That the amounts collected
    by the Federal Government as authorized by sections 104 and 108 of the
    Indian Health Care Improvement Act (25 U.S.C. 1613a and 1616a) during
    the preceding fiscal year for breach of contracts shall be deposited in
    the Fund authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
    shall remain available until expended and, notwithstanding section
    108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be available to
    make new awards under the loan repayment and scholarship programs under
    sections 104 and 108 of that Act (25 U.S.C. 1613a and
    1616a): <>   Provided further, That the amounts made
    available within this account for the Substance Abuse and Suicide
    Prevention Program, for Opioid Prevention, Treatment and Recovery
    Services, for the Domestic Violence Prevention Program, for the Zero
    Suicide Initiative, for the housing subsidy authority for civilian
    employees, for Aftercare Pilot Programs at Youth Regional Treatment
    Centers, for transformation and modernization costs of the Indian Health
    Service Electronic Health Record system, for national quality and
    oversight activities, to improve collections from public and private
    insurance at Indian Health Service and tribally operated facilities, for
    an initiative to treat or reduce the transmission of HIV and HCV, for a
    maternal health initiative, for the Telebehaviorial Health Center of
    Excellence, for Alzheimer's grants, for Village Built Clinics and for
    accreditation emergencies shall be allocated at the discretion of the
    Director of the Indian Health Service and shall remain available until
    expended: <>   Provided
    further, That funds provided in this Act may be used for annual
    contracts and grants that fall within 2 fiscal years, provided the total
    obligation is recorded in the year the funds are appropriated:  Provided
    further, That the amounts collected by the Secretary of Health and Human
    Services under the authority of title IV of the Indian Health Care

    [[Page 1525]]

    Improvement Act (25 U.S.C. 1613) shall remain available until expended
    for the purpose of achieving compliance with the applicable conditions
    and requirements of titles XVIII and XIX of the Social Security Act,
    except for those related to the planning, design, or construction of new
    facilities:  Provided further, That funding contained herein for
    scholarship programs under the Indian Health Care Improvement Act (25
    U.S.C. 1613) shall remain available until expended: <>
    Provided further, That amounts received by tribes and tribal
    organizations under title IV of the Indian Health Care Improvement Act
    shall be reported and accounted for and available to the receiving
    tribes and tribal organizations until expended:  Provided further, That
    the Bureau of Indian Affairs may collect from the Indian Health Service,
    and from tribes and tribal organizations operating health facilities
    pursuant to Public Law 93-638, such individually identifiable health
    information relating to disabled children as may be necessary for the
    purpose of carrying out its functions under the Individuals with
    Disabilities Education Act (20 U.S.C. 1400 et seq.):  Provided further,
    That of the funds provided, $72,280,000 is for the Indian Health Care
    Improvement Fund and may be used, as needed, to carry out activities
    typically funded under the Indian Health Facilities account:  Provided
    further, That <>  none of the funds
    appropriated by this Act, or any other Act, to the Indian Health Service
    for the Electronic Health Record system shall be available for
    obligation or expenditure for the selection or implementation of a new
    Information Technology infrastructure system, unless the Committees on
    Appropriations of the House of Representatives and the Senate are
    consulted 90 days in advance of such obligation:  Provided further,
    That <>  none of the amounts made available
    under this heading to the Indian Health Service for the Electronic
    Health Record system shall be available for obligation or expenditure
    for the selection or implementation of a new Information Technology
    Infrastructure system until the report and directive is received by the
    Committees on Appropriations of the House of Representatives and the
    Senate in accordance with the explanatory statement described in section
    4 (in the matter preceding division A of this consolidated Act).

    contract support costs

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

    payments for tribal leases

    For payments to tribes and tribal organizations for leases pursuant
    to section 105(l) of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5324(l)) for fiscal year 2021,

    [[Page 1526]]

    such sums as may be necessary, which shall be available for obligation
    through September 30, 2022:  Provided, That notwithstanding any other
    provision of law, no amounts made available under this heading shall be
    available for transfer to another budget account.

    indian health facilities

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

    administrative provisions--indian health service

    Appropriations provided in this Act to the Indian Health Service
    shall be available for services as authorized by 5 U.S.C. 3109 at rates
    not to exceed the per diem rate equivalent to the maximum rate payable
    for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation, and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary of Health and Human Services; uniforms, or
    allowances therefor as authorized by 5 U.S.C. 5901-5902; and for
    expenses of attendance at meetings that relate to the functions or
    activities of the Indian Health Service:  Provided, That in accordance
    with the provisions of the Indian Health Care Improvement Act, non-
    Indian patients may be extended health care at all tribally administered
    or Indian Health Service facilities, subject to charges, and the
    proceeds along with funds recovered under the Federal Medical Care
    Recovery Act (42 U.S.C. 2651-2653) shall be credited to the account of
    the facility providing the service and shall be available without fiscal
    year limitation:  Provided further, That notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121, the Indian Sanitation Facilities Act and Public
    Law 93-638:  Provided further, That funds

    [[Page 1527]]

    appropriated to the Indian Health Service in this Act, except those used
    for administrative and program direction purposes, shall not be subject
    to limitations directed at curtailing Federal travel and transportation:
    Provided further, That <>  none of the funds made
    available to the Indian Health Service in this Act shall be used for any
    assessments or charges by the Department of Health and Human Services
    unless identified in the budget justification and provided in this Act,
    or approved by the House and Senate Committees on Appropriations through
    the reprogramming process:  Provided further, That notwithstanding any
    other provision of law, funds previously or herein made available to a
    tribe or tribal organization through a contract, grant, or agreement
    authorized by title I or title V of the Indian Self-Determination and
    Education Assistance Act of 1975 (25 U.S.C. 450 et seq.), may be
    deobligated and reobligated to a self-determination contract under title
    I, or a self-governance agreement under title V of such Act and
    thereafter shall remain available to the tribe or tribal organization
    without fiscal year limitation: <>
    Provided further, That none of the funds made available to the Indian
    Health Service in this Act shall be used to implement the final rule
    published in the Federal Register on September 16, 1987, by the
    Department of Health and Human Services, relating to the eligibility for
    the health care services of the Indian Health Service until the Indian
    Health Service has submitted a budget request reflecting the increased
    costs associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law:  Provided
    further, That <>  with respect to functions
    transferred by the Indian Health Service to tribes or tribal
    organizations, the Indian Health Service is authorized to provide goods
    and services to those entities on a reimbursable basis, including
    payments in advance with subsequent adjustment, and the reimbursements
    received therefrom, along with the funds received from those entities
    pursuant to the Indian Self-Determination Act, may be credited to the
    same or subsequent appropriation account from which the funds were
    originally derived, with such amounts to remain available until
    expended:  Provided further, That <>
    reimbursements for training, technical assistance, or services provided
    by the Indian Health Service will contain total costs, including direct,
    administrative, and overhead costs associated with the provision of
    goods, services, or technical assistance:  Provided further, That the
    Indian Health Service may provide to civilian medical personnel serving
    in hospitals operated by the Indian Health Service housing allowances
    equivalent to those that would be provided to members of the
    Commissioned Corps of the United States Public Health Service serving in
    similar positions at such hospitals: <>   Provided
    further, That the appropriation structure for the Indian Health Service
    may not be altered without advance notification to the House and Senate
    Committees on Appropriations.

    National Institutes of Health

    national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and Liability
    Act of 1980 (42 U.S.C. 9660(a)) and section

    [[Page 1528]]

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

    Agency for Toxic Substances and Disease Registry

    toxic substances and environmental public health

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

    OTHER RELATED AGENCIES

    Executive Office of the President

    council on environmental quality and office of environmental quality

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

    Chemical Safety and Hazard Investigation Board

    salaries and expenses

    For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, including hire of passenger
    vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
    5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
    individuals not to exceed the per diem equivalent to the maximum rate
    payable for senior level positions under 5 U.S.C. 5376,
    $12,000,000: <>   Provided, That the Chemical
    Safety and Hazard Investigation Board (Board) shall have not more than
    three career

    [[Page 1529]]

    Senior Executive Service positions: <>
    Provided further, That notwithstanding any other provision of law, the
    individual appointed to the position of Inspector General of the
    Environmental Protection Agency (EPA) shall, by virtue of such
    appointment, also hold the position of Inspector General of the
    Board: <>   Provided further, That
    notwithstanding any other provision of law, the Inspector General of the
    Board shall utilize personnel of the Office of Inspector General of EPA
    in performing the duties of the Inspector General of the Board, and
    shall not appoint any individuals to positions within the Board.

    Office of Navajo and Hopi Indian Relocation

    salaries and expenses

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

    Institute of American Indian and Alaska Native Culture and Arts
    Development

    payment to the institute

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

    Smithsonian Institution

    salaries and expenses

    For necessary expenses of the Smithsonian Institution, as authorized
    by law, including research in the fields of art, science, and history;
    development, preservation, and documentation of the National
    Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation,

    [[Page 1530]]

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

    facilities capital

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

    [[Page 1531]]

    National Gallery of Art

    salaries and expenses

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

    repair, restoration and renovation of buildings

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

    John F. Kennedy Center for the Performing Arts

    operations and maintenance

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

    capital repair and restoration

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

    [[Page 1532]]

    Woodrow Wilson International Center for Scholars

    salaries and expenses

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

    National Foundation on the Arts and the Humanities

    National Endowment for the Arts

    grants and administration

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

    National Endowment for the Humanities

    grants and administration

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

    Administrative Provisions

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

    [[Page 1533]]

    grant actions are taken pursuant to the terms of an expressed and direct
    delegation of authority from the National Council on the Arts to the
    Chairperson.

    Commission of Fine Arts

    salaries and expenses

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

    national capital arts and cultural affairs

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

    Advisory Council on Historic Preservation

    salaries and expenses

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

    National Capital Planning Commission

    salaries and expenses

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

    United States Holocaust Memorial Museum

    holocaust memorial museum

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

    [[Page 1534]]

    Presidio Trust

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

    Dwight D. Eisenhower Memorial Commission

    salaries and expenses

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

    world war i centennial commission

    salaries and expenses

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

    alyce spotted bear and walter soboleff commission on native children

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

    TITLE IV

    GENERAL PROVISIONS

    (including transfers of funds)

    restriction on use of funds

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

    [[Page 1535]]

    obligation of appropriations

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

    disclosure of administrative expenses

    Sec. 403.  The <>  amount and basis of
    estimated overhead charges, deductions, reserves, or holdbacks,
    including working capital fund and cost pool charges, from programs,
    projects, activities and subactivities to support government-wide,
    departmental, agency, or bureau administrative functions or
    headquarters, regional, or central operations shall be presented in
    annual budget justifications and subject to approval by the Committees
    on Appropriations of the House of Representatives and the Senate.
    Changes to such estimates shall be presented to the Committees on
    Appropriations for approval.

    mining applications

    Sec. 404. (a) <>  Limitation of
    Funds.--None of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended to accept or process
    applications for a patent for any mining or mill site claim located
    under the general mining laws.

    (b) <>  Exceptions.--Subsection (a) shall not
    apply if the Secretary of the Interior determines that, for the claim
    concerned: (1) a patent application was filed with the Secretary on or
    before September 30, 1994; and (2) all requirements established under
    sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
    vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
    may be, were fully complied with by the applicant by that date.

    (c) Report.--On September 30, 2022, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Natural Resources of the House and the Committee on
    Energy and Natural Resources of the Senate a report on actions taken by
    the Department under the plan submitted pursuant to section 314(c) of
    the Department of the Interior and Related Agencies Appropriations Act,
    1997 (Public Law 104-208).
    (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Director
    of the Bureau of Land Management to conduct a mineral examination of the
    mining claims or mill sites contained in a patent application as set
    forth in subsection (b). The Bureau of Land Management shall have the
    sole responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.

    [[Page 1536]]

    contract support costs, prior year limitation

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

    contract support costs, fiscal year 2021 limitation

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

    forest management plans

    Sec. 407.  The <>  Secretary of Agriculture
    shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
    the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
    U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
    without revision of the plan for a unit of the National Forest System.
    Nothing in this section exempts the Secretary from any other requirement
    of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
    1600 et seq.) or any other law:  Provided, That if the Secretary is not
    acting expeditiously and in good faith, within the funding available, to
    revise a plan for a unit of the National Forest System, this section
    shall be void with respect to such plan and a court of proper
    jurisdiction may order completion of the plan on an accelerated basis.

    prohibition within national monuments

    Sec. 408.  No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
    Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where such
    activities are allowed under the Presidential proclamation establishing
    such monument.

    limitation on takings

    Sec. 409.  Unless otherwise provided herein, no funds appropriated
    in this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations:  Provided, That this provision shall not apply to funds
    appropriated to implement the

    [[Page 1537]]

    Everglades National Park Protection and Expansion Act of 1989, or to
    funds appropriated for Federal assistance to the State of Florida to
    acquire lands for Everglades restoration purposes.

    prohibition on no-bid contracts

    Sec. 410.  None of the funds appropriated or otherwise made
    available by this Act to executive branch agencies may be used to enter
    into any Federal contract unless such contract is entered into in
    accordance with the requirements of Chapter 33 of title 41, United
    States Code, or Chapter 137 of title 10, United States Code, and the
    Federal Acquisition Regulation, unless--
    (1) Federal law specifically authorizes a contract to be
    entered into without regard for these requirements, including
    formula grants for States, or federally recognized Indian
    tribes;
    (2) such contract is authorized by the Indian Self-
    Determination and Education Assistance Act (Public Law 93-638,
    25 U.S.C. 450 et seq.) or by any other Federal laws that
    specifically authorize a contract within an Indian tribe as
    defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
    (3) such contract was awarded prior to the date of enactment
    of this Act.

    posting of reports

    Sec. 411. (a) Any agency receiving funds made available in this Act,
    shall, subject to subsections (b) and (c), post on the public website of
    that agency any report required to be submitted by the Congress in this
    or any other Act, upon the determination by the head of the agency that
    it shall serve the national interest.
    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises national
    security; or
    (2) the report contains proprietary information.

    (c) The head of the agency posting such report shall do so only
    after such report has been made available to the requesting Committee or
    Committees of Congress for no less than 45 days.

    national endowment for the arts grant guidelines

    Sec. 412.  Of the funds provided to the National Endowment for the
    Arts--
    (1) The Chairperson shall only award a grant to an
    individual if such grant is awarded to such individual for a
    literature fellowship, National Heritage Fellowship, or American
    Jazz Masters Fellowship.
    (2) The Chairperson shall establish procedures to ensure
    that no funding provided through a grant, except a grant made to
    a State or local arts agency, or regional group, may be used to
    make a grant to any other organization or individual to conduct
    activity independent of the direct grant recipient. Nothing in
    this subsection shall prohibit payments made in exchange for
    goods and services.
    (3) No grant shall be used for seasonal support to a group,
    unless the application is specific to the contents of the
    season, including identified programs or projects.

    [[Page 1538]]

    national endowment for the arts program priorities

    Sec. 413. (a) In providing services or awarding financial assistance
    under the National Foundation on the Arts and the Humanities Act of 1965
    from funds appropriated under this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that serve underserved populations.
    (b) <>  In this section:
    (1) The term ``underserved population'' means a population
    of individuals, including urban minorities, who have
    historically been outside the purview of arts and humanities
    programs due to factors such as a high incidence of income below
    the poverty line or to geographic isolation.
    (2) The term ``poverty line'' means the poverty line (as
    defined by the Office of Management and Budget, and revised
    annually in accordance with section 673(2) of the Community
    Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
    family of the size involved.

    (c) In providing services and awarding financial assistance under
    the National Foundation on the Arts and Humanities Act of 1965 with
    funds appropriated by this Act, the Chairperson of the National
    Endowment for the Arts shall ensure that priority is given to providing
    services or awarding financial assistance for projects, productions,
    workshops, or programs that will encourage public knowledge, education,
    understanding, and appreciation of the arts.
    (d) With funds appropriated by this Act to carry out section 5 of
    the National Foundation on the Arts and Humanities Act of 1965--
    (1) the Chairperson shall establish a grant category for
    projects, productions, workshops, or programs that are of
    national impact or availability or are able to tour several
    States;
    (2) the Chairperson shall not make grants exceeding 15
    percent, in the aggregate, of such funds to any single State,
    excluding grants made under the authority of paragraph (1);
    (3) <>  the Chairperson shall report to the
    Congress annually and by State, on grants awarded by the
    Chairperson in each grant category under section 5 of such Act;
    and
    (4) the Chairperson shall encourage the use of grants to
    improve and support community-based music performance and
    education.

    national endowment for the arts waivers

    Sec. 414.  Notwithstanding any other provision of law, funds made
    available under the heading ``National Foundation on the Arts and the
    Humanities--National Endowment for the Arts--Grants and Administration''
    of this Act and under such heading for fiscal years 2019 and 2020 for
    grants for the purposes described in section 5(c) of the National
    Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may
    also be used by the recipients of such grants for purposes of the
    general operations of such recipients.

    [[Page 1539]]

    national endowment for the humanities waivers

    Sec. 415.  Notwithstanding any other provision of law, funds made
    available under the heading ``National Foundation on the Arts and the
    Humanities--National Endowment for the Humanities--Grants and
    Administration'' of this Act and under such heading for fiscal years
    2019 and 2020 for grants for the purposes described in section 7(c) and
    7(h)(1) of the National Foundation on the Arts and Humanities Act of
    1965 may also be used by the recipients of such grants for purposes of
    the general operations of such recipients.

    status of balances of appropriations

    Sec. 416.  The <>  Department of the
    Interior, the Environmental Protection Agency, the Forest Service, and
    the Indian Health Service shall provide the Committees on Appropriations
    of the House of Representatives and Senate quarterly reports on the
    status of balances of appropriations including all uncommitted,
    committed, and unobligated funds in each program and activity within 60
    days of enactment of this Act.

    extension of grazing permits

    Sec. 417.  The terms and conditions of section 325 of Public Law
    108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
    Service on any lands not subject to administration under section 402 of
    the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
    remain in effect for fiscal year 2021.

    funding prohibition

    Sec. 418. (a) <>  None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network is designed to block access to pornography
    websites.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.

    humane transfer and treatment of animals

    Sec. 419. (a) <>  Notwithstanding any
    other provision of law, the Secretary of the Interior, with respect to
    land administered by the Bureau of Land Management, or the Secretary of
    Agriculture, with respect to land administered by the Forest Service
    (referred to in this section as the ``Secretary concerned''), may
    transfer excess wild horses and burros that have been removed from land
    administered by the Secretary concerned to other Federal, State, and
    local government agencies for use as work animals.

    (b) The Secretary concerned may make a transfer under subsection (a)
    immediately on the request of a Federal, State, or local government
    agency.
    (c) An excess wild horse or burro transferred under subsection (a)
    shall lose status as a wild free-roaming horse or burro (as defined in
    section 2 of Public Law 92-195 (commonly known as the ``Wild Free-
    Roaming Horses and Burros Act'') (16 U.S.C. 1332)).

    [[Page 1540]]

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

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

    forest service facility realignment and enhancement authorization
    extension

    Sec. 420.  Section <>
    503(f) of Public Law 109-54 (16 U.S.C. 580d note) shall be applied by
    substituting ``September 30, 2021'' for ``September 30, 2019''.

    use of american iron and steel

    Sec. 421. (a)(1) None of the funds made available by a State water
    pollution control revolving fund as authorized by section 1452 of the
    Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
    for the construction, alteration, maintenance, or repair of a public
    water system or treatment works unless all of the iron and steel
    products used in the project are produced in the United States.
    (2) <>  In this section, the term ``iron and
    steel'' products means the following products made primarily of iron or
    steel: lined or unlined pipes and fittings, manhole covers and other
    municipal castings, hydrants, tanks, flanges, pipe clamps and
    restraints, valves, structural steel, reinforced precast concrete, and
    construction materials.

    (b) Subsection (a) shall not apply in any case or category of cases
    in which the Administrator of the Environmental Protection Agency (in
    this section referred to as the ``Administrator'') finds that--
    (1) applying subsection (a) would be inconsistent with the
    public interest;
    (2) iron and steel products are not produced in the United
    States in sufficient and reasonably available quantities and of
    a satisfactory quality; or
    (3) inclusion of iron and steel products produced in the
    United States will increase the cost of the overall project by
    more than 25 percent.

    (c) <>  If the
    Administrator receives a request for a waiver under this section, the
    Administrator shall make available to the public on an informal basis a
    copy of the request and information available to the Administrator
    concerning the request, and shall allow for

    [[Page 1541]]

    informal public input on the request for at least 15 days prior to
    making a finding based on the request. <>  The
    Administrator shall make the request and accompanying information
    available by electronic means, including on the official public Internet
    Web site of the Environmental Protection Agency.

    (d) <>  This section shall be applied in a
    manner consistent with United States obligations under international
    agreements.

    (e) The Administrator may retain up to 0.25 percent of the funds
    appropriated in this Act for the Clean and Drinking Water State
    Revolving Funds for carrying out the provisions described in subsection
    (a)(1) for management and oversight of the requirements of this section.

    local cooperator training agreements and transfers of excess equipment
    and supplies for wildfires

    Sec. 422.  The <>  Secretary of the Interior is
    authorized to enter into grants and cooperative agreements with
    volunteer fire departments, rural fire departments, rangeland fire
    protection associations, and similar organizations to provide for
    wildland fire training and equipment, including supplies and
    communication devices. Notwithstanding section 121(c) of title 40,
    United States Code, or section 521 of title 40, United States Code, the
    Secretary is further authorized to transfer title to excess Department
    of the Interior firefighting equipment no longer needed to carry out the
    functions of the Department's wildland fire management program to such
    organizations.

    recreation fees

    Sec. 423.  Section <>  810
    of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) shall
    be applied by substituting ``October 1, 2022'' for ``September 30,
    2019''.

    reprogramming guidelines

    Sec. 424.  None <>  of the funds made
    available in this Act, in this and prior fiscal years, may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in the explanatory statement described in section 4
    of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94;
    133 Stat. 2536).

    local contractors

    Sec. 425.  Section <>  412 of division E of
    Public Law 112-74 shall be applied by substituting ``fiscal year 2021''
    for ``fiscal year 2019''.

    shasta-trinity marina fee authority authorization extension

    Sec. 426.  Section <>  422 of division F of
    Public Law 110-161 (121 Stat 1844), as amended, shall be applied by
    substituting ``fiscal year 2021'' for ``fiscal year 2019''.

    [[Page 1542]]

    interpretive association authorization extension

    Sec. 427.  Section <>  426
    of division G of Public Law 113-76 (16 U.S.C. 565a-1 note) shall be
    applied by substituting ``September 30, 2021'' for ``September 30,
    2019''.

    puerto rico schooling authorization extension

    Sec. 428.  The <>  authority provided by the
    19th unnumbered paragraph under heading ``Administrative Provisions,
    Forest Service'' in title III of Public Law 109-54, as amended, shall be
    applied by substituting ``fiscal year 2021'' for ``fiscal year 2019''.

    forest botanical products fee collection authorization extension

    Sec. 429.  Section <>  339 of
    the Department of the Interior and Related Agencies Appropriations Act,
    2000 (as enacted into law by Public Law 106-113; 16 U.S.C. 528 note), as
    amended by section 335(6) of Public Law 108-108 and section 432 of
    Public Law 113-76, shall be applied by substituting ``fiscal year 2021''
    for ``fiscal year 2019''.

    chaco canyon

    Sec. 430.  None of the funds made available by this Act may be used
    to accept a nomination for oil and gas leasing under 43 CFR 3120.3 et
    seq, or to offer for oil and gas leasing, any Federal lands within the
    withdrawal area identified on the map of the Chaco Culture National
    Historical Park prepared by the Bureau of Land Management and dated
    April 2, 2019, prior to the completion of the cultural resources
    investigation identified in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act).

    tribal leases

    Sec. 431. (a) <>  Notwithstanding any other
    provision of law, in the case of any lease under section 105(l) of the
    Indian Self-Determination and Education Assistance Act (25 U.S.C.
    5324(l)), the initial lease term shall commence no earlier than the date
    of receipt of the lease proposal.

    (b) <>  The Secretaries of the Interior and
    Health and Human Services shall, jointly or separately, during fiscal
    year 2021 consult with tribes and tribal organizations through public
    solicitation and other means regarding the requirements for leases under
    section 105(l) of the Indian Self-Determination and Education Assistance
    Act (25 U.S.C. 5324(l)) on how to implement a consistent and transparent
    process for the payment of such leases.

    resource study of springfield race riot

    Sec. 432. (a) Definitions.--In this section:
    (1) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (2) Study area.--The term ``Study Area'' means the
    archeological site near Madison Street and the 10th Street Rail
    Corridor, and other sites in Springfield, Illinois associated
    with the 1908 Springfield Race Riot.

    [[Page 1543]]

    (b) Special Resource Study.--
    (1) Study.--The Secretary shall conduct a special resource
    study of the study area.
    (2) Contents.--In conducting the study under paragraph (1),
    the Secretary shall--
    (A) <>  evaluate the national
    significance of the study area;
    (B) <>  determine the
    suitability and feasibility of designating the study
    area as a unit of the National Park System;
    (C) consider other alternatives for preservation,
    protection, and interpretation of the study area by the
    Federal Government, State or local government entities,
    or private and non-profit organizations;
    (D) <>  consult with interested
    Federal agencies, State or local governmental entities,
    private and nonprofit organizations, or any other
    interested individuals; and
    (E) <>  identify cost
    estimates for any Federal acquisition, development,
    interpretation, operation, and maintenance associated
    with the alternatives.
    (3) Applicable law.--The study required under paragraph (1)
    shall be conducted in accordance with section 100507 of title
    54, United States Code.
    (4) Report.--Not later than 3 years after the date on which
    funds are first made available for the study under paragraph
    (1), the Secretary shall submit to the Committee on Natural
    Resources of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report that
    describes--
    (A) the results of the study; and
    (B) <>  any conclusions
    and recommendations of the Secretary.

    forest ecosystem recovery and health fund

    Sec. 433.  The <>  authority provided under
    the heading ``Forest Ecosystem Health and Recovery Fund'' in title I of
    Public Law 111-88, as amended by section 117 of division F of Public Law
    113-235, shall be applied by substituting ``fiscal year 2021'' for
    ``fiscal year 2020'' each place it appears.

    allocation of projects

    Sec. 434. (a)(1) <>  Within 45 days
    of enactment of this Act, the Secretary of the Interior shall allocate
    amounts available from the National Parks and Public Land Legacy
    Restoration Fund for fiscal year 2021 pursuant to subsection (c) of
    section 200402 of title 54, United States Code, and as provided in
    subsection (e) of such section of such title, to the agencies of the
    Department of the Interior and the Department of Agriculture specified,
    in the amounts specified, and for the projects and activities specified
    in the table titled ``Allocation of Funds from the National Parks and
    Public Land Legacy Restoration Fund--Fiscal Year 2021'' in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

    (2) <>  Within 30 days of enactment of this Act,
    the Secretary of the Interior shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate project
    data sheets in the same format and containing the same level of detailed

    [[Page 1544]]

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

    (3) <>  Within 30 days of enactment of this Act, the
    Secretary of Agriculture shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate full
    detailed project lists that must include a project description, as well
    as information on region, forest or grassland name, project name, State,
    Congressional district, fiscal year 2021 non-transportation needed
    funds, fiscal year 2021 transportation needed funds, and asset type for
    the Department of Agriculture projects specified pursuant to the
    allocation in subsection (a)(1) and, only 45 days after submission of
    such lists, shall the Secretary of Agriculture be permitted to obligate
    amounts that are allocated pursuant to subsection (a)(1).

    (b)(1) Within 45 days of enactment of this Act, the Secretary of the
    Interior and the Secretary of Agriculture, as appropriate, shall
    allocate amounts made available for expenditure from the Land and Water
    Conservation Fund for fiscal year 2021 pursuant to subsection (a) of
    section 200303 of title 54, United States Code, to the agencies and
    accounts specified, in the amounts specified, and for the projects and
    activities specified in the table titled ``Allocation of Funds from the
    Land and Water Conservation Fund--Fiscal Year 2021'' in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act).
    (2) <>  Within 30 days of enactment of this Act,
    the Secretary of the Interior and the Secretary of Agriculture shall
    each submit to the Committees on Appropriations of the House of
    Representatives and the Senate project data sheets in the same format
    and containing the same level of detailed information that is found on
    such sheets as submitted to the Committees pursuant to section 427 of
    division D of the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94) for the projects specified pursuant to the allocation in
    subsection (b)(1) and, only 45 days after submission of such sheets,
    shall the Secretary of the Interior and the Secretary of Agriculture, as
    appropriate, be permitted to obligate amounts that are allocated
    pursuant to subsection (b)(1).

    (c)(1) Neither the President nor his designee may allocate any
    amounts that are made available for any fiscal year under subsection (c)
    of section 200402 of title 54, United States Code, or subsection (a) of
    section 200303 of title 54, United States Code, other than amounts that
    are allocated by subsections (a) and (b) of this section of this Act.
    (2) <>  If any funds made available by
    section 200402(c) or section 200303(a) of title 54, United States Code,
    were allocated or obligated in advance of the enactment of a fiscal year
    2021 Act making full-year appropriations for the Department of the
    Interior, Environment, and Related Agencies, then within 30 days of
    enactment of this Act, the Office of Management and Budget, in
    consultation with the Department of the Interior and the Department of
    Agriculture, shall submit to the Committees on Appropriations of the
    House of Representatives and the Senate a report from the General
    Counsel analyzing how the authority in section 200402 and in section
    200303 of title 54, United States Code, permitted the

    [[Page 1545]]

    Administration to allocate funding for projects for a fiscal year
    pursuant those sections, particularly the language in sections 200402(i)
    and 200303(c)(2), in advance of the date of enactment of such fiscal
    year 2021 Act.

    (d)(1) <>  Concurrent with the annual budget
    submission of the President for fiscal year 2022, the Secretary of the
    Interior and the Secretary of Agriculture shall each submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a list of supplementary allocations for Federal land acquisition
    and Forest Legacy projects at the National Park Service, the U.S. Fish
    and Wildlife Service, the Bureau of Land Management, and the U.S. Forest
    Service that are in addition to the ``Submission of Cost Estimates''
    required by section 200303(c)(1) of title 54, United States Code, that
    are prioritized and detailed by account, program, and project, and that
    total no less than half the full amount allocated to each account for
    that land management Agency under the allocations submitted under
    section 200303(c)(1) of title 54, United States Code.

    (2) The Federal land acquisition and Forest Legacy projects in the
    ``Submission of Cost Estimates'' required by section 200303(c)(1) of
    title 54, United States Code, and on the list of supplementary
    allocations required by paragraph (1) shall be comprised only of
    projects for which a willing seller has been identified and for which an
    appraisal or market research has been initiated.
    (3) <>  Concurrent with the annual budget
    submission of the President for fiscal year 2022, the Secretary of the
    Interior and the Secretary of Agriculture shall each submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate project data sheets in the same format and containing the same
    level of detailed information that is found on such sheets in the Budget
    Justifications annually submitted by the Department of the Interior with
    the President's Budget for the projects in the ``Submission of Cost
    Estimates'' required by section 200303(c)(1) of title 54, United States
    Code, and in the same format and containing the same level of detailed
    information that is found on such sheets submitted to the Committees
    pursuant to section 427 of division D of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) for the list of
    supplementary allocations required by paragraph (1), and for the
    projects in the ``Submission of Annual List of Projects to Congress''
    required by section 200402(h) of title 54, United States Code.

    (e) <>  The Department of the Interior
    and the Department of Agriculture shall provide the Committees on
    Appropriations of the House of Representatives and Senate quarterly
    reports on the status of balances for amounts allocated pursuant to
    subsections (a)(1) and (b)(1) of this section, including all
    uncommitted, committed, and unobligated funds.

    (f) Expenditures made or obligations incurred under the heading
    ``United States Fish and Wildlife Service--Land Acquisition'' and for
    the Appraisal and Valuation Services Office under the heading
    ``Departmental Offices--Office of the Secretary--Departmental
    Operations'' pursuant to the Continuing Appropriations Act, 2021 (Public
    Law 116-159) shall be charged to the applicable appropriation, account
    allocation, fund, or authorization pursuant to section 200303 of title
    54, United States Code.

    [[Page 1546]]

    timber sale requirements

    Sec. 435.  No <>  timber sale in Alaska's Region 10
    shall be advertised if the indicated rate is deficit (defined as the
    value of the timber is not sufficient to cover all logging and stumpage
    costs and provide a normal profit and risk allowance under the Forest
    Service's appraisal process) when appraised using a residual value
    appraisal. The western red cedar timber from those sales which is
    surplus to the needs of the domestic processors in Alaska, shall be made
    available to domestic processors in the contiguous 48 United States at
    prevailing domestic prices. All additional western red cedar volume not
    sold to Alaska or contiguous 48 United States domestic processors may be
    exported to foreign markets at the election of the timber sale holder.
    All Alaska yellow cedar may be sold at prevailing export prices at the
    election of the timber sale holder.

    prohibition on use of funds

    Sec. 436.  Notwithstanding any other provision of law, none of the
    funds made available in this Act or any other Act may be used to
    promulgate or implement any regulation requiring the issuance of permits
    under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
    dioxide, nitrous oxide, water vapor, or methane emissions resulting from
    biological processes associated with livestock production.

    greenhouse gas reporting restrictions

    Sec. 437.  Notwithstanding any other provision of law, none of the
    funds made available in this or any other Act may be used to implement
    any provision in a rule, if that provision requires mandatory reporting
    of greenhouse gas emissions from manure management systems.

    funding prohibition

    Sec. 438.  None of the funds made available by this or any other Act
    may be used to regulate the lead content of ammunition, ammunition
    components, or fishing tackle under the Toxic Substances Control Act (15
    U.S.C. 2601 et seq.) or any other law.

    policies relating to biomass energy

    Sec. 439.  To support the key role that forests in the United States
    can play in addressing the energy needs of the United States, the
    Secretary of Energy, the Secretary of Agriculture, and the Administrator
    of the Environmental Protection Agency shall, consistent with their
    missions, jointly--
    (1) ensure that Federal policy relating to forest
    bioenergy--
    (A) is consistent across all Federal departments and
    agencies; and
    (B) recognizes the full benefits of the use of
    forest biomass for energy, conservation, and responsible
    forest management; and
    (2) establish clear and simple policies for the use of
    forest biomass as an energy solution, including policies that--

    [[Page 1547]]

    (A) reflect the carbon-neutrality of forest
    bioenergy and recognize biomass as a renewable energy
    source, provided the use of forest biomass for energy
    production does not cause conversion of forests to non-
    forest use;
    (B) encourage private investment throughout the
    forest biomass supply chain, including in--
    (i) working forests;
    (ii) harvesting operations;
    (iii) forest improvement operations;
    (iv) forest bioenergy production;
    (v) wood products manufacturing; or
    (vi) paper manufacturing;
    (C) encourage forest management to improve forest
    health; and
    (D) recognize State initiatives to produce and use
    forest biomass.

    small remote incinerators

    Sec. 440.  None <>  of the funds made
    available in this Act may be used to implement or enforce the regulation
    issued on March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
    respect to units in the State of Alaska that are defined as ``small,
    remote incinerator'' units in those regulations and, until a subsequent
    regulation is issued, the Administrator shall implement the law and
    regulations in effect prior to such date.

    This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2021''.

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

    TITLE I

    DEPARTMENT OF LABOR

    Employment and Training Administration

    training and employment services

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

    [[Page 1548]]

    available for the period July 1, 2021 through June 30,
    2022, and of which $860,000,000 shall be available for
    the period October 1, 2021 through June 30, 2022:
    Provided, That the funds available for allotment to outlying
    areas to carry out subtitle B of title I of the WIOA shall not
    be subject to the requirements of section 127(b)(1)(B)(ii) of
    such Act; and
    (2) for national programs, $817,868,000 as follows:
    (A) $280,859,000 for the dislocated workers
    assistance national reserve, of which $80,859,000 shall
    be available for the period July 1, 2021 through
    September 30, 2022, and of which $200,000,000 shall be
    available for the period October 1, 2021 through
    September 30, 2022:  Provided, That
    funds <>  provided to carry out
    section 132(a)(2)(A) of the WIOA may be used to provide
    assistance to a State for statewide or local use in
    order to address cases where there have been worker
    dislocations across multiple sectors or across multiple
    local areas and such workers remain dislocated;
    coordinate the State workforce development plan with
    emerging economic development needs; and train such
    eligible dislocated workers:  Provided further, That
    funds provided to carry out sections 168(b) and 169(c)
    of the WIOA may be used for technical assistance and
    demonstration projects, respectively, that provide
    assistance to new entrants in the workforce and
    incumbent workers:  Provided further, That
    notwithstanding section 168(b) of the WIOA, of the funds
    provided under this subparagraph, the Secretary of Labor
    (referred to in this title as ``Secretary'') may reserve
    not more than 10 percent of such funds to provide
    technical assistance and carry out additional activities
    related to the transition to the WIOA:  Provided
    further, That of the funds provided under this
    subparagraph, $80,000,000 shall be for training and
    employment assistance under sections 168(b), 169(c)
    (notwithstanding the 10 percent limitation in such
    section) and 170 of the WIOA as follows:
    (i) $35,000,000 shall be for workers in the
    Appalachian region, as defined by 40 U.S.C.
    14102(a)(1) and workers in the Lower Mississippi,
    as defined in section 4(2) of the Delta
    Development Act (Public Law 100-460, 102 Stat.
    2246; 7 U.S.C. 2009aa(2));
    (ii) $45,000,000 shall be for the purpose of
    developing, offering, or improving educational or
    career training programs at community colleges,
    defined as public institutions of higher
    education, as described in section 101(a) of the
    Higher Education Act of 1965 and at which the
    associate's degree is primarily the highest degree
    awarded, with other eligible institutions of
    higher education, as defined in section 101(a) of
    the Higher Education Act of 1965, eligible to
    participate through consortia, with community
    colleges as the lead
    grantee: <>   Provided, That
    the Secretary shall follow the requirements for
    the program in House Report 116-62 and in the
    explanatory statement accompanying this Act:
    Provided further, That any grant funds used for
    apprenticeships shall be used to support only
    apprenticeship programs registered

    [[Page 1549]]

    under the National Apprenticeship Act and as
    referred to in section 3(7)(B) of the WIOA;
    (B) $55,500,000 for Native American programs under
    section 166 of the WIOA, which shall be available for
    the period July 1, 2021 through June 30, 2022;
    (C) $93,896,000 for migrant and seasonal farmworker
    programs under section 167 of the WIOA, including
    $87,083,000 for formula grants (of which not less than
    70 percent shall be for employment and training
    services), $6,256,000 for migrant and seasonal housing
    (of which not less than 70 percent shall be for
    permanent housing), and $557,000 for other discretionary
    purposes, which shall be available for the period April
    1, 2021 through June 30, 2022:  Provided, That
    notwithstanding any other provision of law or related
    regulation, the Department of Labor shall take no action
    limiting the number or proportion of eligible
    participants receiving related assistance services or
    discouraging grantees from providing such services:
    Provided further, That notwithstanding the definition of
    ``eligible seasonal farmworker'' in section 167(i)(3)(A)
    of the WIOA relating to an individual being ``low-
    income'', an individual is eligible for migrant and
    seasonal farmworker programs under section 167 of the
    WIOA under that definition if, in addition to meeting
    the requirements of clauses (i) and (ii) of section
    167(i)(3)(A), such individual is a member of a family
    with a total family income equal to or less than 150
    percent of the poverty line;
    (D) $96,534,000 for YouthBuild activities as
    described in section 171 of the WIOA, which shall be
    available for the period April 1, 2021 through June 30,
    2022;
    (E) $100,079,000 for ex-offender activities, under
    the authority of section 169 of the WIOA, which shall be
    available for the period April 1, 2021 through June 30,
    2022:  Provided, That <>  of this amount,
    $25,000,000 shall be for competitive grants to national
    and regional intermediaries for activities that prepare
    for employment young adults with criminal records, young
    adults who have been justice system-involved, or young
    adults who have dropped out of school or other
    educational programs, with a priority for projects
    serving high-crime, high-poverty areas;
    (F) $6,000,000 for the Workforce Data Quality
    Initiative, under the authority of section 169 of the
    WIOA, which shall be available for the period July 1,
    2021 through June 30, 2022; and
    (G) $185,000,000 to expand opportunities through
    apprenticeships only registered under the National
    Apprenticeship Act and as referred to in section 3(7)(B)
    of the WIOA, to be available to the Secretary to carry
    out activities through grants, cooperative agreements,
    contracts and other arrangements, with States and other
    appropriate entities, including equity intermediaries
    and business and labor industry partner intermediaries,
    which shall be available for the period July 1, 2021
    through June 30, 2022.

    [[Page 1550]]

    job corps

    (including transfer of funds)

    To carry out subtitle C of title I of the WIOA, including Federal
    administrative expenses, the purchase and hire of passenger motor
    vehicles, the construction, alteration, and repairs of buildings and
    other facilities, and the purchase of real property for training centers
    as authorized by the WIOA, $1,748,655,000, plus reimbursements, as
    follows:
    (1) $1,603,325,000 for Job Corps Operations, which shall be
    available for the period July 1, 2021 through June 30, 2022;
    (2) $113,000,000 for construction, rehabilitation and
    acquisition of Job Corps Centers, which shall be available for
    the period July 1, 2021 through June 30, 2024, and which may
    include the acquisition, maintenance, and repair of major items
    of equipment:  Provided, That the Secretary may transfer up to
    15 percent of such funds to meet the operational needs of such
    centers or to achieve administrative efficiencies:  Provided
    further, That <>  any funds transferred
    pursuant to the preceding provision shall not be available for
    obligation after June 30, 2022: <>
    Provided further, That the Committees on Appropriations of the
    House of Representatives and the Senate are notified at least 15
    days in advance of any transfer; and
    (3) $32,330,000 for necessary expenses of Job Corps, which
    shall be available for obligation for the period October 1, 2020
    through September 30, 2021:

    Provided, That no funds from any other appropriation shall be used to
    provide meal services at or for Job Corps centers.

    community service employment for older americans

    To carry out title V of the Older Americans Act of 1965 (referred to
    in this Act as ``OAA''), $405,000,000, which shall be available for the
    period April 1, 2021 through June 30, 2022, and may be recaptured and
    reobligated in accordance with section 517(c) of the OAA.

    federal unemployment benefits and allowances

    For payments during fiscal year 2021 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, employment and case management services, allowances for job
    search and relocation, and related State administrative expenses under
    part II of subchapter B of chapter 2 of title II of the Trade Act of
    1974, and including benefit payments, allowances, training, employment
    and case management services, and related State administration provided
    pursuant to section 231(a) of the Trade Adjustment Assistance Extension
    Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
    2015, $633,600,000 together with such amounts as may be necessary to be
    charged to the subsequent appropriation for payments for any period
    subsequent to September 15, 2021:  Provided, That notwithstanding
    section 502 of this Act, any part of the appropriation provided under
    this heading may remain available for obligation

    [[Page 1551]]

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

    state unemployment insurance and employment service operations

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

    [[Page 1552]]

    (3) $648,639,000 from the Trust Fund, together with
    $21,413,000 from the General Fund of the Treasury, is for grants
    to States in accordance with section 6 of the Wagner-Peyser Act,
    and shall be available for Federal obligation for the period
    July 1, 2021 through June 30, 2022;
    (4) $22,318,000 from the Trust Fund is for national
    activities of the Employment Service, including administration
    of the work opportunity tax credit under section 51 of the
    Internal Revenue Code of 1986 (including assisting States in
    adopting or modernizing information technology for use in the
    processing of certification requests), and the provision of
    technical assistance and staff training under the Wagner-Peyser
    Act;
    (5) $77,810,000 from the Trust Fund is for the
    administration of foreign labor certifications and related
    activities under the Immigration and Nationality Act and related
    laws, of which $57,528,000 shall be available for the Federal
    administration of such activities, and $20,282,000 shall be
    available for grants to States for the administration of such
    activities; and
    (6) $62,653,000 from the General Fund is to provide
    workforce information, national electronic tools, and one-stop
    system building under the Wagner-Peyser Act and shall be
    available for Federal obligation for the period July 1, 2021
    through June 30, 2022:

    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2021 is projected by the
    Department of Labor to exceed 1,728,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act:  Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other States
    in carrying out activities under such title III if the other States
    include areas that have suffered a major disaster declared by the
    President under the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act:  Provided further, That the Secretary may use funds
    appropriated for grants to States under title III of the Social Security
    Act to make payments on behalf of States for the use of the National
    Directory of New Hires under section 453(j)(8) of such Act:  Provided
    further, That the Secretary may use funds appropriated for grants to
    States under title III of the Social Security Act to make payments on
    behalf of States to the entity operating the State Information Data
    Exchange System:  Provided further, That funds appropriated in this Act
    which are used to establish a national one-stop career center system, or
    which are used to support the national activities of the Federal-State
    unemployment insurance, employment service, or immigration programs, may
    be obligated in contracts, grants, or agreements with States and non-
    State entities:  Provided further, That States awarded competitive
    grants for improved operations under title III of the Social Security
    Act, or awarded grants to support the national activities of the
    Federal-State unemployment insurance system, may award subgrants to
    other States and non-State entities under such grants, subject to the
    conditions applicable to the grants:  Provided further, That funds
    appropriated under this Act for activities authorized under title III of
    the Social Security Act and the Wagner-Peyser Act may be used by States
    to fund

    [[Page 1553]]

    integrated Unemployment Insurance and Employment Service automation
    efforts, notwithstanding cost allocation principles prescribed under the
    final rule entitled ``Uniform Administrative Requirements, Cost
    Principles, and Audit Requirements for Federal Awards'' at part 200 of
    title 2, Code of Federal Regulations:  Provided further, That the
    Secretary, at the request of a State participating in a consortium with
    other States, may reallot funds allotted to such State under title III
    of the Social Security Act to other States participating in the
    consortium or to the entity operating the Unemployment Insurance
    Information Technology Support Center in order to carry out activities
    that benefit the administration of the unemployment compensation law of
    the State making the request:  Provided further, That <>
    the Secretary may collect fees for the costs associated with additional
    data collection, analyses, and reporting services relating to the
    National Agricultural Workers Survey requested by State and local
    governments, public and private institutions of higher education, and
    nonprofit organizations and may utilize such sums, in accordance with
    the provisions of 29 U.S.C. 9a, for the National Agricultural Workers
    Survey infrastructure, methodology, and data to meet the information
    collection and reporting needs of such entities, which shall be credited
    to this appropriation and shall remain available until September 30,
    2022, for such purposes.

    advances to the unemployment trust fund and other funds

    For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, and to the Black
    Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
    Internal Revenue Code of 1986; and for nonrepayable advances to the
    revolving fund established by section 901(e) of the Social Security Act,
    to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
    the ``Federal Unemployment Benefits and Allowances'' account, such sums
    as may be necessary, which shall be available for obligation through
    September 30, 2022.

    program administration

    For expenses of administering employment and training programs,
    $108,674,000, together with not to exceed $49,982,000 which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

    Employee Benefits Security Administration

    salaries and expenses

    For necessary expenses for the Employee Benefits Security
    Administration, $181,000,000, of which up to $3,000,000 shall be made
    available through September 30, 2022, for the procurement of expert
    witnesses for enforcement litigation.

    [[Page 1554]]

    Pension Benefit Guaranty Corporation

    pension benefit guaranty corporation fund

    The <>  Pension Benefit Guaranty Corporation
    (``Corporation'') is authorized to make such expenditures, including
    financial assistance authorized by subtitle E of title IV of the
    Employee Retirement Income Security Act of 1974, within limits of funds
    and borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to fiscal
    year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
    carrying out the program, including associated administrative expenses,
    through September 30, 2021, for the Corporation:  Provided, That none of
    the funds available to the Corporation for fiscal year 2021 shall be
    available for obligations for administrative expenses in excess of
    $465,289,000:  Provided further, That to the extent that the number of
    new plan participants in plans terminated by the Corporation exceeds
    100,000 in fiscal year 2021, an amount not to exceed an additional
    $9,200,000 shall be available through September 30, 2025, for
    obligations for administrative expenses for every 20,000 additional
    terminated participants:  Provided further,
    That <>  obligations in excess of the
    amounts provided for administrative expenses in this paragraph may be
    incurred and shall be available through September 30, 2025 for
    obligation for unforeseen and extraordinary pre-termination or
    termination expenses or extraordinary multiemployer program related
    expenses after approval by the Office of Management and Budget and
    notification of the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That an additional
    amount shall be available for obligation through September 30, 2025 to
    the extent the Corporation's costs exceed $250,000 for the provision of
    credit or identity monitoring to affected individuals upon suffering a
    security incident or privacy breach, not to exceed an additional $100
    per affected individual.

    Wage and Hour Division

    salaries and expenses

    For necessary expenses for the Wage and Hour Division, including
    reimbursement to State, Federal, and local agencies and their employees
    for inspection services rendered, $246,000,000.

    Office of Labor-Management Standards

    salaries and expenses

    For necessary expenses for the Office of Labor-Management Standards,
    $44,437,000.

    Office of Federal Contract Compliance Programs

    salaries and expenses

    For necessary expenses for the Office of Federal Contract Compliance
    Programs, $105,976,000.

    [[Page 1555]]

    Office of Workers' Compensation Programs

    salaries and expenses

    For necessary expenses for the Office of Workers' Compensation
    Programs, $115,424,000, together with $2,177,000 which may be expended
    from the Special Fund in accordance with sections 39(c), 44(d), and
    44(j) of the Longshore and Harbor Workers' Compensation Act.

    special benefits

    (including transfer of funds)

    For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior fiscal
    year authorized by 5 U.S.C. 81; continuation of benefits as provided for
    under the heading ``Civilian War Benefits'' in the Federal Security
    Agency Appropriation Act, 1947; the Employees' Compensation Commission
    Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
    App. 2012); obligations incurred under the War Hazards Compensation Act
    (42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
    and benefits required by section 10(h) of the Longshore and Harbor
    Workers' Compensation Act, $239,000,000, together with such amounts as
    may be necessary to be charged to the subsequent year appropriation for
    the payment of compensation and other benefits for any period subsequent
    to August 15 of the current year, for deposit into and to assume the
    attributes of the Employees' Compensation Fund established under 5
    U.S.C. 8147(a):  Provided, That amounts <>
    appropriated may be used under 5 U.S.C. 8104 by the Secretary to
    reimburse an employer, who is not the employer at the time of injury,
    for portions of the salary of a re-employed, disabled beneficiary:
    Provided further, That balances of reimbursements unobligated on
    September 30, 2020, shall remain available until expended for the
    payment of compensation, benefits, and expenses:  Provided further,
    That <>  in addition there shall be transferred to
    this appropriation from the Postal Service and from any other
    corporation or instrumentality required under 5 U.S.C. 8147(c) to pay an
    amount for its fair share of the cost of administration, such sums as
    the Secretary determines to be the cost of administration for employees
    of such fair share entities through September 30, 2021:  Provided
    further, That of those funds transferred to this account from the fair
    share entities to pay the cost of administration of the Federal
    Employees' Compensation Act, $80,257,000 shall be made available to the
    Secretary as follows:
    (1) For enhancement and maintenance of automated data
    processing systems operations and telecommunications systems,
    $27,220,000;
    (2) For automated workload processing operations, including
    document imaging, centralized mail intake, and medical bill
    processing, $25,647,000;
    (3) For periodic roll disability management and medical
    review, $25,648,000;
    (4) For program integrity, $1,742,000; and
    (5) The remaining funds shall be paid into the Treasury as
    miscellaneous receipts:

    [[Page 1556]]

    Provided further, That the Secretary may require that any person
    filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
    the Longshore and Harbor Workers' Compensation Act, provide as part of
    such notice and claim, such identifying information (including Social
    Security account number) as such regulations may prescribe.

    special benefits for disabled coal miners

    For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, $40,970,000, to remain
    available until expended.
    For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of such Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
    For making benefit payments under title IV for the first quarter of
    fiscal year 2022, $14,000,000, to remain available until expended.

    administrative expenses, energy employees occupational illness
    compensation fund

    For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $62,507,000, to remain
    available until expended:  Provided, That the Secretary may require that
    any person filing a claim for benefits under the Act provide as part of
    such claim such identifying information (including Social Security
    account number) as may be prescribed.

    black lung disability trust fund

    (including transfer of funds)

    <> Such sums as may be necessary from the
    Black Lung Disability Trust Fund (the ``Fund''), to remain available
    until expended, for payment of all benefits authorized by section
    9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
    repayment of, and payment of interest on advances, as authorized by
    section 9501(d)(4) of that Act. In addition, the following amounts may
    be expended from the Fund for fiscal year 2021 for expenses of operation
    and administration of the Black Lung Benefits program, as authorized by
    section 9501(d)(5): not to exceed $40,643,000 for transfer to the Office
    of Workers' Compensation Programs, ``Salaries and Expenses''; not to
    exceed $33,033,000 for transfer to Departmental Management, ``Salaries
    and Expenses''; not to exceed $333,000 for transfer to Departmental
    Management, ``Office of Inspector General''; and not to exceed $356,000
    for payments into miscellaneous receipts for the expenses of the
    Department of the Treasury.

    Occupational Safety and Health Administration

    salaries and expenses

    For necessary expenses for the Occupational Safety and Health
    Administration, $591,787,000, including not to exceed $110,075,000 which
    shall be the maximum amount available for grants to States under section
    23(g) of the Occupational Safety and Health Act (the ``Act''), which
    grants shall be no less than 50 percent of the

    [[Page 1557]]

    costs of State occupational safety and health programs required to be
    incurred under plans approved by the Secretary under section 18 of the
    Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
    Safety and Health Administration may retain up to $499,000 per fiscal
    year of training institute course tuition and fees, otherwise authorized
    by law to be collected, and may utilize such sums for occupational
    safety and health training and education:  Provided,
    That <>  notwithstanding 31 U.S.C. 3302, the Secretary is
    authorized, during the fiscal year ending September 30, 2021, to collect
    and retain fees for services provided to Nationally Recognized Testing
    Laboratories, and may utilize such sums, in accordance with the
    provisions of 29 U.S.C. 9a, to administer national and international
    laboratory recognition programs that ensure the safety of equipment and
    products used by workers in the workplace:  Provided further,
    That <>  none of the funds appropriated under
    this paragraph shall be obligated or expended to prescribe, issue,
    administer, or enforce any standard, rule, regulation, or order under
    the Act which is applicable to any person who is engaged in a farming
    operation which does not maintain a temporary labor camp and employs 10
    or fewer employees:  Provided further, That <>
    no funds appropriated under this paragraph shall be obligated or
    expended to administer or enforce any standard, rule, regulation, or
    order under the Act with respect to any employer of 10 or fewer
    employees who is included within a category having a Days Away,
    Restricted, or Transferred (``DART'') occupational injury and illness
    rate, at the most precise industrial classification code for which such
    data are published, less than the national average rate as such rates
    are most recently published by the Secretary, acting through the Bureau
    of Labor Statistics, in accordance with section 24 of the Act, except--
    (1) to provide, as authorized by the Act, consultation,
    technical assistance, educational and training services, and to
    conduct surveys and studies;
    (2) to conduct an inspection or investigation in response to
    an employee complaint, to issue a citation for violations found
    during such inspection, and to assess a penalty for violations
    which are not corrected within a reasonable abatement period and
    for any willful violations found;
    (3) to take any action authorized by the Act with respect to
    imminent dangers;
    (4) to take any action authorized by the Act with respect to
    health hazards;
    (5) to take any action authorized by the Act with respect to
    a report of an employment accident which is fatal to one or more
    employees or which results in hospitalization of two or more
    employees, and to take any action pursuant to such investigation
    authorized by the Act; and
    (6) to take any action authorized by the Act with respect to
    complaints of discrimination against employees for exercising
    rights under the Act:

    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees:  Provided
    further, That $11,787,000 shall be available for Susan Harwood training
    grants, of which not less than $4,500,000 is for Susan Harwood Training
    Capacity Building Developmental grants, as described in Funding
    Opportunity

    [[Page 1558]]

    Number SHTG-FY-16-02 (referenced in the notice of availability of funds
    published in the Federal Register on May 3, 2016 (81 Fed. Reg. 30568))
    for program activities starting not later than September 30, 2021 and
    lasting for a period of 12 months:  Provided further, That not less than
    $3,500,000 shall be for Voluntary Protection Programs.

    Mine Safety and Health Administration

    salaries and expenses

    For necessary expenses for the Mine Safety and Health
    Administration, $379,816,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities and not less than
    $10,537,000 for State assistance grants:  Provided, That notwithstanding
    31 U.S.C. 3302, not to exceed $750,000 may be collected by the National
    Mine Health and Safety Academy for room, board, tuition, and the sale of
    training materials, otherwise authorized by law to be collected, to be
    available for mine safety and health education and training activities:
    Provided further, That <>  notwithstanding 31
    U.S.C. 3302, the Mine Safety and Health Administration is authorized to
    collect and retain up to $2,499,000 from fees collected for the approval
    and certification of equipment, materials, and explosives for use in
    mines, and may utilize such sums for such activities:  Provided further,
    That <>  the Secretary is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private:  Provided further, That <>  the Mine Safety and Health Administration is authorized to
    promote health and safety education and training in the mining community
    through cooperative programs with States, industry, and safety
    associations:  Provided further, That <>  the
    Secretary is authorized to recognize the Joseph A. Holmes Safety
    Association as a principal safety association and, notwithstanding any
    other provision of law, may provide funds and, with or without
    reimbursement, personnel, including service of Mine Safety and Health
    Administration officials as officers in local chapters or in the
    national organization:  Provided further, That <>
    any funds available to the Department of Labor may be used, with the
    approval of the Secretary, to provide for the costs of mine rescue and
    survival operations in the event of a major disaster.

    Bureau of Labor Statistics

    salaries and expenses

    For necessary expenses for the Bureau of Labor Statistics, including
    advances or reimbursements to State, Federal, and local agencies and
    their employees for services rendered, $587,000,000, together with not
    to exceed $68,000,000 which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund.
    Within this amount, $13,000,000 to remain available until September
    30, 2024, for costs associated with the physical move of the Bureau of
    Labor Statistics' headquarters, including replication

    [[Page 1559]]

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

    Office of Disability Employment Policy

    salaries and expenses

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

    Departmental Management

    salaries and expenses

    (including transfer of funds)

    For necessary expenses for Departmental Management, including the
    hire of three passenger motor vehicles, $349,056,000, together with not
    to exceed $308,000, which may be expended from the Employment Security
    Administration account in the Unemployment Trust Fund:  Provided, That
    $67,325,000 for the Bureau of International Labor Affairs shall be
    available for obligation through December 31, 2021:  Provided further,
    That funds available to the Bureau of International Labor Affairs may be
    used to administer or operate international labor activities, bilateral
    and multilateral technical assistance, and microfinance programs, by or
    through contracts, grants, subgrants and other arrangements:  Provided
    further, That not more than $53,825,000 shall be for programs to combat
    exploitative child labor internationally and not less than $13,500,000
    shall be used to implement model programs that address worker rights
    issues through technical assistance in countries with which the United
    States has free trade agreements or trade preference programs:  Provided
    further, That $8,040,000 shall be used for program evaluation and shall
    be available for obligation through September 30, 2022:  Provided
    further, That funds available for program evaluation may be used to
    administer grants for the purpose of evaluation:  Provided further, That
    grants made for the purpose of evaluation shall be awarded through fair
    and open competition:  Provided further, That funds available for
    program evaluation may be transferred to any other appropriate account
    in the Department for such purpose:  Provided further,
    That <>  the Committees on Appropriations of the
    House of Representatives and the Senate are notified at least 15 days in
    advance of any transfer:  Provided further, That the funds available to
    the Women's Bureau may be used for grants to serve and promote the
    interests of women in the workforce:  Provided further, That of the
    amounts made available to the Women's Bureau, not less than $1,794,000
    shall be used for grants authorized by the Women in Apprenticeship and
    Nontraditional Occupations Act.

    veterans' employment and training

    Not to exceed $258,841,000 may be derived from the Employment
    Security Administration account in the Unemployment Trust

    [[Page 1560]]

    Fund to carry out the provisions of chapters 41, 42, and 43 of title 38,
    United States Code, of which--
    (1) $180,000,000 is for Jobs for Veterans State grants under
    38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
    program specialists under section 4103A of such title and local
    veterans' employment representatives under section 4104(b) of
    such title, and for the expenses described in section
    4102A(b)(5)(C), which shall be available for expenditure by the
    States through September 30, 2023, and not to exceed 3 percent
    for the necessary Federal expenditures for data systems and
    contract support to allow for the tracking of participant and
    performance information:  Provided, That, in addition, such
    funds may be used to support such specialists and
    representatives in the provision of services to transitioning
    members of the Armed Forces who have participated in the
    Transition Assistance Program and have been identified as in
    need of intensive services, to members of the Armed Forces who
    are wounded, ill, or injured and receiving treatment in military
    treatment facilities or warrior transition units, and to the
    spouses or other family caregivers of such wounded, ill, or
    injured members;
    (2) $31,379,000 is for carrying out the Transition
    Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
    (3) $44,048,000 is for Federal administration of chapters
    41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 of
    title 38, United States Code:  Provided, That, up to $500,000
    may be used to carry out the Hire VETS Act (division O of Public
    Law 115-31); and
    (4) $3,414,000 is for the National Veterans' Employment and
    Training Services Institute under 38 U.S.C. 4109:

    Provided, That the Secretary may reallocate among the appropriations
    provided under paragraphs (1) through (4) above an amount not to exceed
    3 percent of the appropriation from which such reallocation is made.
    In addition, from the General Fund of the Treasury, $57,500,000 is
    for carrying out programs to assist homeless veterans and veterans at
    risk of homelessness who are transitioning from certain institutions
    under sections 2021, 2021A, and 2023 of title 38, United States Code:
    Provided, That notwithstanding subsections (c)(3) and (d) of section
    2023, the Secretary may award grants through September 30, 2021, to
    provide services under such section:  Provided further, That services
    provided under sections 2021 or under 2021A may include, in addition to
    services to homeless veterans described in section 2002(a)(1), services
    to veterans who were homeless at some point within the 60 days prior to
    program entry or veterans who are at risk of homelessness within the
    next 60 days, and that services provided under section 2023 may include,
    in addition to services to the individuals described in subsection (e)
    of such section, services to veterans recently released from
    incarceration who are at risk of homelessness:  Provided further, That
    notwithstanding paragraph (3) under this heading, funds appropriated in
    this paragraph may be used for data systems and contract support to
    allow for the tracking of participant and performance information:
    Provided further, That notwithstanding sections 2021(e)(2) and
    2021A(f)(2) of title 38, United States Code, such funds shall be
    available for expenditure pursuant to 31 U.S.C. 1553.

    [[Page 1561]]

    <> In addition, fees may be assessed and deposited in
    the HIRE Vets Medallion Award Fund pursuant to section 5(b) of the HIRE
    Vets Act, and such amounts shall be available to the Secretary to carry
    out the HIRE Vets Medallion Award Program, as authorized by such Act,
    and shall remain available until expended:  Provided, That such sums
    shall be in addition to any other funds available for such purposes,
    including funds available under paragraph (3) of this heading:  Provided
    further, That section 2(d) of division O of the Consolidated
    Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 note) shall
    not apply.

    it modernization

    For necessary expenses for Department of Labor centralized
    infrastructure technology investment activities related to support
    systems and modernization, $27,269,000, which shall be available through
    September 30, 2022.

    office of inspector general

    For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $85,187,000, together with not to exceed $5,660,000 which may be
    expended from the Employment Security Administration account in the
    Unemployment Trust Fund.

    General Provisions

    Sec. 101.  None of the funds appropriated by this Act for the Job
    Corps shall be used to pay the salary and bonuses of an individual,
    either as direct costs or any proration as an indirect cost, at a rate
    in excess of Executive Level II.

    (transfer of funds)

    Sec. 102.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall be
    increased by more than 3 percent by any such transfer:  Provided, That
    the transfer authority granted by this section shall not be used to
    create any new program or to fund any project or activity for which no
    funds are provided in this Act:  Provided further,
    That <>  the Committees on Appropriations of the
    House of Representatives and the Senate are notified at least 15 days in
    advance of any transfer.

    Sec. 103. <>  In accordance with Executive Order
    13126, none of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended for the procurement
    of goods mined, produced, manufactured, or harvested or services
    rendered, in whole or in part, by forced or indentured child labor in
    industries and host countries already identified by the United States
    Department of Labor prior to enactment of this Act.

    Sec. 104.  Except as otherwise provided in this section, none of the
    funds made available to the Department of Labor for grants under section
    414(c) of the American Competitiveness and Workforce Improvement Act of
    1998 (29 U.S.C. 2916a) may be

    [[Page 1562]]

    used for any purpose other than competitive grants for training
    individuals who are older than 16 years of age and are not currently
    enrolled in school within a local educational agency in the occupations
    and industries for which employers are using H-1B visas to hire foreign
    workers, and the related activities necessary to support such training.
    Sec. 105.  None of the funds made available by this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses of
    an individual, either as direct costs or indirect costs, at a rate in
    excess of Executive Level II. This limitation shall not apply to vendors
    providing goods and services as defined in Office of Management and
    Budget Circular A-133. Where States are recipients of such funds, States
    may establish a lower limit for salaries and bonuses of those receiving
    salaries and bonuses from subrecipients of such funds, taking into
    account factors including the relative cost-of-living in the State, the
    compensation levels for comparable State or local government employees,
    and the size of the organizations that administer Federal programs
    involved including Employment and Training Administration programs.

    (transfer of funds)

    Sec. 106. (a) Notwithstanding section 102, the Secretary may
    transfer funds made available to the Employment and Training
    Administration by this Act, either directly or through a set-aside, for
    technical assistance services to grantees to ``Program Administration''
    when it is determined that those services will be more efficiently
    performed by Federal employees:  Provided, That this section shall not
    apply to section 171 of the WIOA.
    (b) Notwithstanding section 102, the Secretary may transfer not more
    than 0.5 percent of each discretionary appropriation made available to
    the Employment and Training Administration by this Act to ``Program
    Administration'' in order to carry out program integrity activities
    relating to any of the programs or activities that are funded under any
    such discretionary appropriations:  Provided, That notwithstanding
    section 102 and the preceding proviso, the Secretary may transfer not
    more than 0.5 percent of funds made available in paragraphs (1) and (2)
    of the ``Office of Job Corps'' account to paragraph (3) of such account
    to carry out program integrity activities related to the Job Corps
    program:  Provided further, That funds transferred under the authority
    provided by this subsection shall be available for obligation through
    September 30, 2022.

    (transfer of funds)

    Sec. 107. <>  (a) The Secretary may reserve not
    more than 0.75 percent from each appropriation made available in this
    Act identified in subsection (b) in order to carry out evaluations of
    any of the programs or activities that are funded under such accounts.
    Any funds reserved under this section shall be transferred to
    ``Departmental Management'' for use by the Office of the Chief
    Evaluation Officer within the Department of Labor, and shall be
    available for obligation through September 30, 2022:  Provided,
    That <>  such funds shall only be available if
    the Chief Evaluation Officer of the Department of Labor submits a plan
    to the Committees

    [[Page 1563]]

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

    (b) The accounts referred to in subsection (a) are: ``Training and
    Employment Services'', ``Job Corps'', ``Community Service Employment for
    Older Americans'', ``State Unemployment Insurance and Employment Service
    Operations'', ``Employee Benefits Security Administration'', ``Office of
    Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
    of Federal Contract Compliance Programs'', ``Office of Labor Management
    Standards'', ``Occupational Safety and Health Administration'', ``Mine
    Safety and Health Administration'', ``Office of Disability Employment
    Policy'', funding made available to the ``Bureau of International Labor
    Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
    Salaries and Expenses'' account, and ``Veterans' Employment and
    Training''.
    Sec. 108. (a) <>  Section 7 of the Fair Labor
    Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
    following text is part of such section:

    ``(s)(1) <>  The provisions of this section
    shall not apply for a period of 2 years after the occurrence of a major
    disaster to any employee--
    ``(A) employed to adjust or evaluate claims
    resulting from or relating to such major disaster, by an
    employer not engaged, directly or through an affiliate,
    in underwriting, selling, or marketing property,
    casualty, or liability insurance policies or contracts;
    ``(B) who receives from such employer on average
    weekly compensation of not less than $591.00 per week or
    any minimum weekly amount established by the Secretary,
    whichever is greater, for the number of weeks such
    employee is engaged in any of the activities described
    in subparagraph (C); and
    ``(C) whose duties include any of the following:
    ``(i) interviewing insured individuals,
    individuals who suffered injuries or other damages
    or losses arising from or relating to a disaster,
    witnesses, or physicians;
    ``(ii) inspecting property damage or reviewing
    factual information to prepare damage estimates;
    ``(iii) evaluating and making recommendations
    regarding coverage or compensability of claims or
    determining liability or value aspects of claims;
    ``(iv) negotiating settlements; or
    ``(v) making recommendations regarding
    litigation.
    ``(2) The exemption in this subsection shall not affect the
    exemption provided by section 13(a)(1).
    ``(3) <>  For purposes of this
    subsection--
    ``(A) the term `major disaster' means any disaster
    or catastrophe declared or designated by any State or
    Federal agency or department;
    ``(B) the term `employee employed to adjust or
    evaluate claims resulting from or relating to such major
    disaster' means an individual who timely secured or
    secures a license required by applicable law to engage
    in and perform the activities described in clauses (i)
    through (v) of paragraph (1)(C) relating to a major
    disaster, and is employed by an employer that maintains
    worker compensation insurance coverage or protection for
    its employees, if required

    [[Page 1564]]

    by applicable law, and withholds applicable Federal,
    State, and local income and payroll taxes from the
    wages, salaries and any benefits of such employees; and
    ``(C) the term `affiliate' means a company that, by
    reason of ownership or control of 25 percent or more of
    the outstanding shares of any class of voting securities
    of one or more companies, directly or indirectly,
    controls, is controlled by, or is under common control
    with, another company.''.

    (b) <>  This section shall be effective on
    the date of enactment of this Act.

    Sec. 109. (a) <>  Flexibility With Respect to
    the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
    (1) <>  In general.--Subject to
    paragraph (2), if a petition for H-2B nonimmigrants filed by an
    employer in the seafood industry is granted, the employer may
    bring the nonimmigrants described in the petition into the
    United States at any time during the 120-day period beginning on
    the start date for which the employer is seeking the services of
    the nonimmigrants without filing another petition.
    (2) Requirements for crossings after 90th day.--An employer
    in the seafood industry may not bring H-2B nonimmigrants into
    the United States after the date that is 90 days after the start
    date for which the employer is seeking the services of the
    nonimmigrants unless the employer--
    (A) <>  completes a new
    assessment of the local labor market by--
    (i) listing job orders in local newspapers on
    2 separate Sundays; and
    (ii) posting the job opportunity on the
    appropriate Department of Labor Electronic Job
    Registry and at the employer's place of
    employment; and
    (B) offers the job to an equally or better qualified
    United States worker who--
    (i) applies for the job; and
    (ii) will be available at the time and place
    of need.
    (3) Exemption from rules with respect to staggering.--The
    Secretary of Labor shall not consider an employer in the seafood
    industry who brings H-2B nonimmigrants into the United States
    during the 120-day period specified in paragraph (1) to be
    staggering the date of need in violation of section 655.20(d) of
    title 20, Code of Federal Regulations, or any other applicable
    provision of law.

    (b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
    nonimmigrants'' means aliens admitted to the United States pursuant to
    section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(15)(H)(ii)(B)).
    Sec. 110. <>   The determination of
    prevailing wage for the purposes of the H-2B program shall be the
    greater of--(1) the actual wage level paid by the employer to other
    employees with similar experience and qualifications for such position
    in the same location; or (2) the prevailing wage level for the
    occupational classification of the position in the geographic area in
    which the H-2B nonimmigrant will be employed, based on the best
    information available at the time of filing the petition. In the
    determination of prevailing wage for the purposes of the H-2B program,
    the Secretary shall accept private wage surveys even in instances where
    Occupational

    [[Page 1565]]

    Employment Statistics survey data are available unless the Secretary
    determines that the methodology and data in the provided survey are not
    statistically supported.

    Sec. 111. <>   None of the funds in this Act
    shall be used to enforce the definition of corresponding employment
    found in 20 CFR 655.5 or the three-fourths guarantee rule definition
    found in 20 CFR 655.20, or any references thereto. Further, for the
    purpose of regulating admission of temporary workers under the H-2B
    program, the definition of temporary need shall be that provided in 8
    CFR 214.2(h)(6)(ii)(B).

    Sec. 112. <>
    Notwithstanding any other provision of law, the Secretary may furnish
    through grants, cooperative agreements, contracts, and other
    arrangements, up to $2,000,000 of excess personal property, at a value
    determined by the Secretary, to apprenticeship programs for the purpose
    of training apprentices in those programs.

    Sec. 113. (a) <>  The Act entitled ``An Act to
    create a Department of Labor'', approved March 4, 1913 (37 Stat. 736,
    chapter 141) shall be applied as if the following text is part of such
    Act:
    ``SEC. 12. SECURITY DETAIL.

    ``(a) <>  In General.--The Secretary of Labor is
    authorized to employ law enforcement officers or special agents to--
    ``(1) provide protection for the Secretary of Labor during
    the workday of the Secretary and during any activity that is
    preliminary or postliminary to the performance of official
    duties by the Secretary;
    ``(2) provide protection, incidental to the protection
    provided to the Secretary, to a member of the immediate family
    of the Secretary who is participating in an activity or event
    relating to the official duties of the Secretary;
    ``(3) provide continuous protection to the Secretary
    (including during periods not described in paragraph (1)) and to
    the members of the immediate family of the Secretary if there is
    a unique and articulable threat of physical harm, in accordance
    with guidelines established by the Secretary; and
    ``(4) provide protection to the Deputy Secretary of Labor or
    another senior officer representing the Secretary of Labor at a
    public event if there is a unique and articulable threat of
    physical harm, in accordance with guidelines established by the
    Secretary.

    ``(b) Authorities.--The Secretary of Labor may authorize a law
    enforcement officer or special agent employed under subsection (a), for
    the purpose of performing the duties authorized under subsection (a),
    to--
    ``(1) carry firearms;
    ``(2) make arrests without a warrant for any offense against
    the United States committed in the presence of such officer or
    special agent;
    ``(3) perform protective intelligence work, including
    identifying and mitigating potential threats and conducting
    advance work to review security matters relating to sites and
    events;
    ``(4) coordinate with local law enforcement agencies; and
    ``(5) initiate criminal and other investigations into
    potential threats to the security of the Secretary, in
    coordination with the Inspector General of the Department of
    Labor.

    [[Page 1566]]

    ``(c) Compliance With Guidelines.--A law enforcement officer or
    special agent employed under subsection (a) shall exercise any authority
    provided under this section in accordance with any--
    ``(1) guidelines issued by the Attorney General; and
    ``(2) guidelines prescribed by the Secretary of Labor.''.

    (b) <>  This section shall be effective on
    the date of enactment of this Act.

    Sec. 114.  The Secretary is authorized to dispose of or divest, by
    any means the Secretary determines appropriate, including an agreement
    or partnership to construct a new Job Corps center, all or a portion of
    the real property on which the Treasure Island Job Corps Center is
    situated. Any sale or other disposition will not be subject to any
    requirement of any Federal law or regulation relating to the disposition
    of Federal real property, including but not limited to subchapter III of
    chapter 5 of title 40 of the United States Code and subchapter V of
    chapter 119 of title 42 of the United States Code. The net proceeds of
    such a sale shall be transferred to the Secretary, which shall be
    available until expended to carry out the Job Corps Program on Treasure
    Island.

    (rescission)

    Sec. 115. (a) Of the unobligated funds available under section
    286(s) of the Immigration and Nationality Act (8 U.S.C. 1356(s)) in an
    amount that is equal to the amount that became available on October 1,
    2020, pursuant to the temporary rescission in section 115 of division A
    of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
    94), $150,000,000 are hereby permanently rescinded, as follows:
    $75,000,000 from the unobligated funds available under section 286(s)(2)
    of such Act; $45,000,000 from the unobligated funds available under
    section 286(s)(3) of such Act; $15,000,000 from the unobligated funds
    available under section 286(s)(4) of such Act; $7,500,000 from the
    unobligated funds available under section 286(s)(5) of such Act; and
    $7,500,000 from the unobligated funds available under section 286(s)(6)
    of such Act.
    (b) <>  Of the unobligated funds available under
    section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
    1356(s)(2)), and in addition to the amounts rescinded in subsection (a),
    $285,000,000 are hereby permanently rescinded not later than September
    30, 2021.

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

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

    [[Page 1567]]

    Sec. 118.  The amounts provided by the first proviso following
    paragraph (6) under the heading ``Department of Labor--Employment and
    Training Administration--State Unemployment Insurance and Employment
    Service Operations'' in title I of this Act are designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.
    This title may be cited as the ``Department of Labor Appropriations
    Act, 2021''.

    TITLE <>  II

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Health Resources and Services Administration

    primary health care

    For carrying out titles II and III of the Public Health Service Act
    (referred to in this Act as the ``PHS Act'') with respect to primary
    health care and the Native Hawaiian Health Care Act of 1988,
    $1,683,772,000:  Provided, That no more than $1,000,000 shall be
    available until expended for carrying out the provisions of section
    224(o) of the PHS Act:  Provided further, That no more than $120,000,000
    shall be available until expended for carrying out subsections (g)
    through (n) and (q) of section 224 of the PHS Act, and for expenses
    incurred by the Department of Health and Human Services (referred to in
    this Act as ``HHS'') pertaining to administrative claims made under such
    law.

    health workforce

    For carrying out titles III, VII, and VIII of the PHS Act with
    respect to the health workforce, sections 1128E and 1921 of the Social
    Security Act, and the Health Care Quality Improvement Act of 1986,
    $1,224,006,000:  Provided, That sections 751(j)(2) and 762(k) of the PHS
    Act and the proportional funding amounts in paragraphs (1) through (4)
    of section 756(f) of the PHS Act shall not apply to funds made available
    under this heading:  Provided further, That <>  for any program operating under section 751 of the PHS
    Act on or before January 1, 2009, the Secretary of Health and Human
    Services (referred to in this title as the ``Secretary'') may hereafter
    waive any of the requirements contained in sections 751(d)(2)(A) and
    751(d)(2)(B) of such Act for the full project period of a grant under
    such section:  Provided further, That no funds shall be available for
    section 340G-1 of the PHS Act:  Provided further, That fees collected
    for the disclosure of information under section 427(b) of the Health
    Care Quality Improvement Act of 1986 and sections 1128E(d)(2) and 1921
    of the Social Security Act shall be sufficient to recover the full costs
    of operating the programs authorized by such sections and shall remain
    available until expended for the National Practitioner Data Bank:
    Provided further, That funds transferred to this account to carry out
    section 846 and subpart 3 of part D of title III of the PHS Act may be
    used to make prior year adjustments to awards made under such section
    and subpart:  Provided further, That $120,000,000 shall remain available
    until expended for the purposes of providing primary health services,
    assigning National Health Service Corps

    [[Page 1568]]

    (``NHSC'') members to expand the delivery of substance use disorder
    treatment services, notwithstanding the assignment priorities and
    limitations under sections 333(a)(1)(D), 333(b), and 333A(a)(1)(B)(ii)
    of the PHS Act, and making payments under the NHSC Loan Repayment
    Program under section 338B of such Act:  Provided further, That, within
    the amount made available in the previous proviso, $15,000,000 shall
    remain available until expended for the purposes of making payments
    under the NHSC Loan Repayment Program under section 338B of the PHS Act
    to individuals participating in such program who provide primary health
    services in Indian Health Service facilities, Tribally-Operated 638
    Health Programs, and Urban Indian Health Programs (as those terms are
    defined by the Secretary), notwithstanding the assignment priorities and
    limitations under section 333(b) of such Act:  Provided further,
    That <>  for purposes of the previous
    two provisos, section 331(a)(3)(D) of the PHS Act shall be applied as if
    the term ``primary health services'' includes clinical substance use
    disorder treatment services, including those provided by masters level,
    licensed substance use disorder treatment counselors:  Provided further,
    That <>  of the funds made available under this heading,
    $5,000,000 shall be available to make grants to establish or expand
    optional community-based nurse practitioner fellowship programs that are
    accredited or in the accreditation process, with a preference for those
    in Federally Qualified Health Centers, for practicing postgraduate nurse
    practitioners in primary care or behavioral health.

    Of <>  the funds made available under this heading,
    $50,000,000 shall remain available until expended for grants to public
    institutions of higher education to expand or support graduate education
    for physicians provided by such institutions:  Provided,
    That, <>  in awarding such grants, the
    Secretary shall give priority to public institutions of higher education
    located in States with a projected primary care provider shortage in
    2025, as determined by the Secretary:  Provided further,
    That <>  grants so awarded are limited to such
    public institutions of higher education in States in the top quintile of
    States with a projected primary care provider shortage in 2025, as
    determined by the Secretary:  Provided further, That the minimum amount
    of a grant so awarded to such an institution shall be not less than
    $1,000,000 per year:  Provided further, That <>
    such a grant may be awarded for a period not to exceed 5 years:
    Provided further, That amounts made available in this paragraph shall be
    awarded as supplemental grants to recipients of grants awarded for this
    purpose in fiscal years 2019 and 2020, pursuant to the terms and
    conditions of each institution's initial grant agreement, in an amount
    for each institution that will result in every institution being awarded
    the same total grant amount over fiscal years 2019 through 2021,
    provided the institution can justify the expenditure of such funds:
    Provided further, That <>  such a grant awarded
    with respect to a year to such an institution shall be subject to a
    matching requirement of non-Federal funds in an amount that is not less
    than 10 percent of the total amount of Federal funds provided in the
    grant to such institution with respect to such year.

    maternal and child health

    For carrying out titles III, XI, XII, and XIX of the PHS Act with
    respect to maternal and child health and title V of the Social

    [[Page 1569]]

    Security Act, $975,284,000:  Provided, That notwithstanding sections
    502(a)(1) and 502(b)(1) of the Social Security Act, not more than
    $139,116,000 shall be available for carrying out special projects of
    regional and national significance pursuant to section 501(a)(2) of such
    Act and $10,276,000 shall be available for projects described in
    subparagraphs (A) through (F) of section 501(a)(3) of such Act.

    ryan white hiv/aids program

    For carrying out title XXVI of the PHS Act with respect to the Ryan
    White HIV/AIDS program, $2,423,781,000, of which $1,970,881,000 shall
    remain available to the Secretary through September 30, 2023, for parts
    A and B of title XXVI of the PHS Act, and of which not less than
    $900,313,000 shall be for State AIDS Drug Assistance Programs under the
    authority of section 2616 or 311(c) of such Act; and of which
    $105,000,000, to remain available until expended, shall be available to
    the Secretary for carrying out a program of grants and contracts under
    title XXVI or section 311(c) of such Act focused on ending the
    nationwide HIV/AIDS epidemic, with any grants issued under such section
    311(c) administered in conjunction with title XXVI of the PHS Act,
    including the limitation on administrative expenses.

    health care systems

    For carrying out titles III and XII of the PHS Act with respect to
    health care systems, and the Stem Cell Therapeutic and Research Act of
    2005, $129,093,000, of which $122,000 shall be available until expended
    for facilities renovations at the Gillis W. Long Hansen's Disease
    Center.

    rural health

    For carrying out titles III and IV of the PHS Act with respect to
    rural health, section 427(a) of the Federal Coal Mine Health and Safety
    Act of 1969, and sections 711 and 1820 of the Social Security Act,
    $329,519,000, of which $55,609,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program:  Provided, That <>  of the funds made
    available under this heading for Medicare rural hospital flexibility
    grants, $20,942,000 shall be available for the Small Rural Hospital
    Improvement Grant Program for quality improvement and adoption of health
    information technology and up to $1,000,000 shall be to carry out
    section 1820(g)(6) of the Social Security Act, with funds provided for
    grants under section 1820(g)(6) available for the purchase and
    implementation of telehealth services, including pilots and
    demonstrations on the use of electronic health records to coordinate
    rural veterans care between rural providers and the Department of
    Veterans Affairs electronic health record system:  Provided further,
    That notwithstanding section 338J(k) of the PHS Act, $12,500,000 shall
    be available for State Offices of Rural Health:  Provided further, That
    $10,500,000 shall remain available through September 30, 2023, to
    support the Rural Residency Development Program:  Provided further, That
    $110,000,000 shall be for the Rural Communities Opioids Response
    Program.

    [[Page 1570]]

    family planning

    For carrying out the program under title X of the PHS Act to provide
    for voluntary family planning projects, $286,479,000:  Provided,
    That <>  amounts provided to said projects under such
    title shall not be expended for abortions, that all pregnancy counseling
    shall be nondirective, and that such amounts shall not be expended for
    any activity (including the publication or distribution of literature)
    that in any way tends to promote public support or opposition to any
    legislative proposal or candidate for public office.

    program management

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

    vaccine injury compensation program trust fund

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

    Centers for Disease Control and Prevention

    immunization and respiratory diseases

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

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

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

    emerging and zoonotic infectious diseases

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

    [[Page 1571]]

    chronic disease prevention and health promotion

    For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
    Act with respect to chronic disease prevention and health promotion,
    $1,021,714,000:  Provided, That <>  funds made available
    under this heading may be available for making grants under section 1509
    of the PHS Act for not less than 21 States, tribes, or tribal
    organizations:  Provided further, That of the funds made available under
    this heading, $15,000,000 shall be available to continue and expand
    community specific extension and outreach programs to combat obesity in
    counties with the highest levels of obesity:  Provided further, That the
    proportional funding requirements under section 1503(a) of the PHS Act
    shall not apply to funds made available under this heading.

    birth defects, developmental disabilities, disabilities and health

    For carrying out titles II, III, XI, and XVII of the PHS Act with
    respect to birth defects, developmental disabilities, disabilities and
    health, $167,810,000.

    public health scientific services

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to health statistics, surveillance, health informatics, and
    workforce development, $591,997,000.

    environmental health

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to environmental health, $205,850,000.

    injury prevention and control

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to injury prevention and control, $682,879,000.

    national institute for occupational safety and health

    For carrying out titles II, III, and XVII of the PHS Act, sections
    101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
    and Health Act, section 13 of the Mine Improvement and New Emergency
    Response Act, and sections 20, 21, and 22 of the Occupational Safety and
    Health Act, with respect to occupational safety and health,
    $345,300,000.

    energy employees occupational illness compensation program

    For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $55,358,000, to remain
    available until expended:  Provided, That this amount shall be available
    consistent with the provision regarding administrative expenses in
    section 151(b) of division B, title I of Public Law 106-554.

    [[Page 1572]]

    global health

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to global health, $592,843,000, of which: (1) $128,421,000 shall
    remain available through September 30, 2022 for international HIV/AIDS;
    and (2) $193,400,000 shall remain available through September 30, 2023
    for global disease detection and emergency response:  Provided, That
    funds may be used for purchase and insurance of official motor vehicles
    in foreign countries.

    public health preparedness and response

    For carrying out titles II, III, and XVII of the PHS Act with
    respect to public health preparedness and response, and for expenses
    necessary to support activities related to countering potential
    biological, nuclear, radiological, and chemical threats to civilian
    populations, $842,200,000:  Provided,
    That <>  the Director of the Centers for Disease Control and
    Prevention (referred to in this title as ``CDC'') or the Administrator
    of the Agency for Toxic Substances and Disease Registry may detail staff
    without reimbursement to support an activation of the CDC Emergency
    Operations Center, so long as the Director or Administrator, as
    applicable, provides a notice to the Committees on Appropriations of the
    House of Representatives and the Senate within 15 days of the use of
    this authority, a full report within 30 days after use of this authority
    which includes the number of staff and funding level broken down by the
    originating center and number of days detailed, and an update of such
    report every 180 days until staff are no longer on detail without
    reimbursement to the CDC Emergency Operations Center.

    buildings and facilities

    (including transfer of funds)

    For acquisition of real property, equipment, construction,
    installation, demolition, and renovation of facilities, $30,000,000,
    which shall remain available until September 30, 2025:  Provided, That
    funds made available to this account in this or any prior Act that are
    available for the acquisition of real property or for construction or
    improvement of facilities shall be available to make improvements on
    non-federally owned property, provided that any improvements that are
    not adjacent to federally owned property do not exceed $2,500,000, and
    that the primary benefit of such improvements accrues to CDC:  Provided
    further, That funds previously set-aside by CDC for repair and upgrade
    of the Lake Lynn Experimental Mine and Laboratory shall be used to
    acquire a replacement mine safety research facility:  Provided further,
    That in addition, the prior year unobligated balance of any amounts
    assigned to former employees in accounts of CDC made available for
    Individual Learning Accounts shall be credited to and merged with the
    amounts made available under this heading to support the replacement of
    the mine safety research facility.

    [[Page 1573]]

    cdc-wide activities and program support

    (including transfer of funds)

    For carrying out titles II, III, XVII and XIX, and section 2821 of
    the PHS Act and for cross-cutting activities and program support for
    activities funded in other appropriations included in this Act for the
    Centers for Disease Control and Prevention, $123,570,000:  Provided,
    That paragraphs (1) through (3) of subsection (b) of section 2821 of the
    PHS Act shall not apply to funds appropriated under this heading and in
    all other accounts of the CDC:  Provided further, That of the amounts
    made available under this heading, $10,000,000, to remain available
    until expended, shall be available to the Director of the CDC for
    deposit in the Infectious Diseases Rapid Response Reserve Fund
    established by section 231 of division B of Public Law 115-245:
    Provided further, That <>  funds appropriated under
    this heading may be used to support a contract for the operation and
    maintenance of an aircraft in direct support of activities throughout
    CDC to ensure the agency is prepared to address public health
    preparedness emergencies:  Provided further, That <>
    employees of CDC or the Public Health Service, both civilian and
    commissioned officers, detailed to States, municipalities, or other
    organizations under authority of section 214 of the PHS Act, or in
    overseas assignments, shall be treated as non-Federal employees for
    reporting purposes only and shall not be included within any personnel
    ceiling applicable to the Agency, Service, or HHS during the period of
    detail or assignment:  Provided further, That CDC may use up to $10,000
    from amounts appropriated to CDC in this Act for official reception and
    representation expenses when specifically approved by the Director of
    CDC:  Provided further, That in addition, such sums as may be derived
    from authorized user fees, which shall be credited to the appropriation
    charged with the cost thereof:  Provided further, That with respect to
    the previous proviso, authorized user fees from the Vessel Sanitation
    Program and the Respirator Certification Program shall be available
    through September 30, 2022.

    National Institutes of Health

    national cancer institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to cancer, $6,364,852,000, of which up to $30,000,000 may be
    used for facilities repairs and improvements at the National Cancer
    Institute--Frederick Federally Funded Research and Development Center in
    Frederick, Maryland.

    national heart, lung, and blood institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to cardiovascular, lung, and blood diseases, and blood and blood
    products, $3,664,811,000.

    national institute of dental and craniofacial research

    For carrying out section 301 and title IV of the PHS Act with
    respect to dental and craniofacial diseases, $484,867,000.

    [[Page 1574]]

    national institute of diabetes and digestive and kidney diseases

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

    national institute of neurological disorders and stroke

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

    national institute of allergy and infectious diseases

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

    national institute of general medical sciences

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

    eunice kennedy shriver national institute of child health and human
    development

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

    national eye institute

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

    national institute of environmental health sciences

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

    national institute on aging

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

    national institute of arthritis and musculoskeletal and skin diseases

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

    national institute on deafness and other communication disorders

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

    [[Page 1575]]

    national institute of nursing research

    For carrying out section 301 and title IV of the PHS Act with
    respect to nursing research, $174,957,000.

    national institute on alcohol abuse and alcoholism

    For carrying out section 301 and title IV of the PHS Act with
    respect to alcohol abuse and alcoholism, $554,923,000.

    national institute on drug abuse

    For carrying out section 301 and title IV of the PHS Act with
    respect to drug abuse, $1,479,660,000.

    national institute of mental health

    For carrying out section 301 and title IV of the PHS Act with
    respect to mental health, $2,053,708,000.

    national human genome research institute

    For carrying out section 301 and title IV of the PHS Act with
    respect to human genome research, $615,780,000.

    national institute of biomedical imaging and bioengineering

    For carrying out section 301 and title IV of the PHS Act with
    respect to biomedical imaging and bioengineering research, $410,728,000.

    national center for complementary and integrative health

    For carrying out section 301 and title IV of the PHS Act with
    respect to complementary and integrative health, $154,162,000.

    national institute on minority health and health disparities

    For carrying out section 301 and title IV of the PHS Act with
    respect to minority health and health disparities research,
    $390,865,000:  Provided, That <>  funds may be used to
    implement a reorganization that is presented to an advisory council in a
    public meeting and for which the Committees on Appropriations of the
    House of Representatives and the Senate have been notified 30 days in
    advance.

    john e. fogarty international center

    For carrying out the activities of the John E. Fogarty International
    Center (described in subpart 2 of part E of title IV of the PHS Act),
    $84,044,000.

    national library of medicine

    For carrying out section 301 and title IV of the PHS Act with
    respect to health information communications, $463,787,000:  Provided,
    That of the amounts available for improvement of information systems,
    $4,000,000 shall be available until September

    [[Page 1576]]

    30, 2022:  Provided further, That <>  in fiscal year
    2021, the National Library of Medicine may enter into personal services
    contracts for the provision of services in facilities owned, operated,
    or constructed under the jurisdiction of the National Institutes of
    Health (referred to in this title as ``NIH'').

    national center for advancing translational sciences

    For carrying out section 301 and title IV of the PHS Act with
    respect to translational sciences, $855,421,000:  Provided, That up to
    $60,000,000 shall be available to implement section 480 of the PHS Act,
    relating to the Cures Acceleration Network:  Provided further, That at
    least $586,841,000 is provided to the Clinical and Translational
    Sciences Awards program.

    office of the director

    (including transfer of funds)

    For carrying out the responsibilities of the Office of the Director,
    NIH, $2,411,110,000:  Provided, That funding shall be available for the
    purchase of not to exceed 29 passenger motor vehicles for replacement
    only:  Provided further, That all funds credited to the NIH Management
    Fund shall remain available for one fiscal year after the fiscal year in
    which they are deposited:  Provided further, That <>
    $180,000,000 shall be for the Environmental Influences on Child Health
    Outcomes study:  Provided further, That $635,939,000 shall be available
    for the Common Fund established under section 402A(c)(1) of the PHS Act:
    Provided further, That of the funds provided, $10,000 shall be for
    official reception and representation expenses when specifically
    approved by the Director of the NIH:  Provided further,
    That <>  the Office of AIDS Research within the Office of
    the Director of the NIH may spend up to $8,000,000 to make grants for
    construction or renovation of facilities as provided for in section
    2354(a)(5)(B) of the PHS Act:  Provided further, That $50,000,000 shall
    be used to carry out section 404I of the PHS Act (42 U.S.C. 283K),
    relating to biomedical and behavioral research facilities:  Provided
    further, That <>  $5,000,000 shall be transferred to and
    merged with the appropriation for the ``Office of Inspector General''
    for oversight of grant programs and operations of the NIH, including
    agency efforts to ensure the integrity of its grant application
    evaluation and selection processes, and shall be in addition to funds
    otherwise made available for oversight of the NIH:  Provided further,
    That <>  the funds provided in the
    previous proviso may be transferred from one specified activity to
    another with 15 days prior approval of the Committees on Appropriations
    of the House of Representatives and the Senate:  Provided further,
    That <>  the Inspector
    General shall consult with the Committees on Appropriations of the House
    of Representatives and the Senate before submitting to the Committees an
    audit plan for fiscal years 2021 and 2022 no later than 30 days after
    the date of enactment of this Act.

    In addition to other funds appropriated for the Common Fund
    established under section 402A(c) of the PHS Act, $12,600,000 is
    appropriated to the Common Fund from the 10-year Pediatric Research
    Initiative Fund described in section 9008 of title 26, United States
    Code, for the purpose of carrying out section

    [[Page 1577]]

    402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
    authorized in the Gabriella Miller Kids First Research Act.

    buildings and facilities

    For the study of, construction of, demolition of, renovation of, and
    acquisition of equipment for, facilities of or used by NIH, including
    the acquisition of real property, $200,000,000, to remain available
    through September 30, 2025.

    nih innovation account, cures act

    (including transfer of funds)

    For necessary expenses to carry out the purposes described in
    section 1001(b)(4) of the 21st Century Cures Act, in addition to amounts
    available for such purposes in the appropriations provided to the NIH in
    this Act, $404,000,000, to remain available until expended:  Provided,
    That such amounts are appropriated pursuant to section 1001(b)(3) of
    such Act, are to be derived from amounts transferred under section
    1001(b)(2)(A) of such Act, and may be transferred by the Director of the
    National Institutes of Health to other accounts of the National
    Institutes of Health solely for the purposes provided in such Act:
    Provided further, That <>  upon a determination by
    the Director that funds transferred pursuant to the previous proviso are
    not necessary for the purposes provided, such amounts may be transferred
    back to the Account:  Provided further, That the transfer authority
    provided under this heading is in addition to any other transfer
    authority provided by law.

    Substance Abuse and Mental Health Services Administration

    mental health

    For carrying out titles III, V, and XIX of the PHS Act with respect
    to mental health, and the Protection and Advocacy for Individuals with
    Mental Illness Act, $1,759,236,000:  Provided, That of the funds made
    available under this heading, $71,887,000 shall be for the National
    Child Traumatic Stress Initiative:  Provided further, That
    notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated
    for carrying out section 520A shall be available for carrying out
    section 1971 of the PHS Act:  Provided further, That in addition to
    amounts provided herein, $21,039,000 shall be available under section
    241 of the PHS Act to carry out subpart I of part B of title XIX of the
    PHS Act to fund section 1920(b) technical assistance, national data,
    data collection and evaluation activities, and further that the total
    available under this Act for section 1920(b) activities shall not exceed
    5 percent of the amounts appropriated for subpart I of part B of title
    XIX:  Provided further, That of the funds made available under this
    heading for subpart I of part B of title XIX of the PHS Act, $35,000,000
    shall be available to support evidence-based crisis systems:  Provided
    further, That <>  up to 10 percent of the
    amounts made available to carry out the Children's Mental Health
    Services program may be used to carry out demonstration grants or
    contracts for early interventions with persons not more than 25 years of
    age at clinical high risk of developing a first episode of psychosis:
    Provided further, That section 520E(b)(2) of the PHS Act shall not apply
    to funds

    [[Page 1578]]

    appropriated in this Act for fiscal year 2021:  Provided further, That
    States shall expend at least 10 percent of the amount each receives for
    carrying out section 1911 of the PHS Act to support evidence-based
    programs that address the needs of individuals with early serious mental
    illness, including psychotic disorders, regardless of the age of the
    individual at onset:  Provided further, That <>
    $250,000,000 shall be available until September 30, 2023 for grants to
    communities and community organizations who meet criteria for Certified
    Community Behavioral Health Clinics pursuant to section 223(a) of Public
    Law 113-93:  Provided further, That none of the funds provided for
    section 1911 of the PHS Act shall be subject to section 241 of such Act:
    Provided further, That of the funds made available under this heading,
    $21,000,000 shall be to carry out section 224 of the Protecting Access
    to Medicare Act of 2014 (Public Law 113-93; 42 U.S.C. 290aa 22 note).

    substance abuse treatment

    For carrying out titles III and V of the PHS Act with respect to
    substance abuse treatment and title XIX of such Act with respect to
    substance abuse treatment and prevention, and the SUPPORT for Patients
    and Communities Act, $3,773,556,000:  Provided, That <>
    $1,500,000,000 shall be for State Opioid Response Grants for carrying
    out activities pertaining to opioids and stimulants undertaken by the
    State agency responsible for administering the substance abuse
    prevention and treatment block grant under subpart II of part B of title
    XIX of the PHS Act (42 U.S.C. 300x-21 et seq.):  Provided further, That
    of such amount $50,000,000 shall be made available to Indian Tribes or
    tribal organizations:  Provided further, That 15 percent of the
    remaining amount shall be for the States with the highest mortality rate
    related to opioid use disorders:  Provided further, That of the amounts
    provided for State Opioid Response Grants not more than 2 percent shall
    be available for Federal administrative expenses, training, technical
    assistance, and evaluation:  Provided further,
    That <>  of the amount not reserved
    by the previous three provisos, the Secretary shall make allocations to
    States, territories, and the District of Columbia according to a formula
    using national survey results that the Secretary determines are the most
    objective and reliable measure of drug use and drug-related deaths:
    Provided further, That <>  the
    Secretary shall submit the formula methodology to the Committees on
    Appropriations of the House of Representatives and the Senate not less
    than 15 days prior to publishing a Funding Opportunity Announcement:
    Provided further, That prevention and treatment activities funded
    through such grants may include education, treatment (including the
    provision of medication), behavioral health services for individuals in
    treatment programs, referral to treatment services, recovery support,
    and medical screening associated with such treatment:  Provided further,
    That each State, as well as the District of Columbia, shall receive not
    less than $4,000,000:  Provided further, That in addition to amounts
    provided herein, the following amounts shall be available under section
    241 of the PHS Act: (1) $79,200,000 to carry out subpart II of part B of
    title XIX of the PHS Act to fund section 1935(b) technical assistance,
    national data, data collection and evaluation activities, and further
    that the total available under this Act for section 1935(b) activities
    shall not exceed 5 percent of the amounts appropriated for subpart

    [[Page 1579]]

    II of part B of title XIX; and (2) $2,000,000 to evaluate substance
    abuse treatment programs:  Provided further, That none of the funds
    provided for section 1921 of the PHS Act or State Opioid Response Grants
    shall be subject to section 241 of such Act.

    substance abuse prevention

    For carrying out titles III and V of the PHS Act with respect to
    substance abuse prevention, $208,219,000.

    health surveillance and program support

    For program support and cross-cutting activities that supplement
    activities funded under the headings ``Mental Health'', ``Substance
    Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
    titles III, V, and XIX of the PHS Act and the Protection and Advocacy
    for Individuals with Mental Illness Act in the Substance Abuse and
    Mental Health Services Administration, $128,830,000:  Provided, That in
    addition to amounts provided herein, $31,428,000 shall be available
    under section 241 of the PHS Act to supplement funds available to carry
    out national surveys on drug abuse and mental health, to collect and
    analyze program data, and to conduct public awareness and technical
    assistance activities:  Provided further, That, <>  in
    addition, fees may be collected for the costs of publications, data,
    data tabulations, and data analysis completed under title V of the PHS
    Act and provided to a public or private entity upon request, which shall
    be credited to this appropriation and shall remain available until
    expended for such purposes:  Provided further, That amounts made
    available in this Act for carrying out section 501(o) of the PHS Act
    shall remain available through September 30, 2022:  Provided further,
    That funds made available under this heading may be used to supplement
    program support funding provided under the headings ``Mental Health'',
    ``Substance Abuse Treatment'', and ``Substance Abuse Prevention''.

    Agency for Healthcare Research and Quality

    healthcare research and quality

    For carrying out titles III and IX of the PHS Act, part A of title
    XI of the Social Security Act, and section 1013 of the Medicare
    Prescription Drug, Improvement, and Modernization Act of 2003,
    $338,000,000:  Provided, That section 947(c) of the PHS Act shall not
    apply in fiscal year 2021:  Provided further, That in addition, amounts
    received from Freedom of Information Act fees, reimbursable and
    interagency agreements, and the sale of data shall be credited to this
    appropriation and shall remain available until September 30, 2022.

    Centers for Medicare & Medicaid Services

    grants to states for medicaid

    For carrying out, except as otherwise provided, titles XI and XIX of
    the Social Security Act, $313,904,098,000, to remain available until
    expended.

    [[Page 1580]]

    For making, after May 31, 2021, payments to States under title XIX
    or in the case of section 1928 on behalf of States under title XIX of
    the Social Security Act for the last quarter of fiscal year 2021 for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
    For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2022, $148,732,315,000, to remain available
    until expended.
    Payment under such title XIX may be made for any quarter with
    respect to a State plan or plan amendment in effect during such quarter,
    if submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

    payments to the health care trust funds

    For payment to the Federal Hospital Insurance Trust Fund and the
    Federal Supplementary Medical Insurance Trust Fund, as provided under
    sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
    103(c) and 111(d) of the Social Security Amendments of 1965, section
    278(d)(3) of Public Law 97-248, and for administrative expenses incurred
    pursuant to section 201(g) of the Social Security Act, $439,514,000,000.
    In addition, for making matching payments under section 1844 and
    benefit payments under section 1860D-16 of the Social Security Act that
    were not anticipated in budget estimates, such sums as may be necessary.

    program management

    For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
    other responsibilities of the Centers for Medicare & Medicaid Services,
    not to exceed $3,669,744,000, to be transferred from the Federal
    Hospital Insurance Trust Fund and the Federal Supplementary Medical
    Insurance Trust Fund, as authorized by section 201(g) of the Social
    Security Act; together with all funds collected in accordance with
    section 353 of the PHS Act and section 1857(e)(2) of the Social Security
    Act, funds retained by the Secretary pursuant to section 1893(h) of the
    Social Security Act, and such sums as may be collected from authorized
    user fees and the sale of data, which shall be credited to this account
    and remain available until expended:  Provided, That all funds derived
    in accordance with 31 U.S.C. 9701 from organizations established under
    title XIII of the PHS Act shall be credited to and available for
    carrying out the purposes of this appropriation:  Provided further,
    That <>  the Secretary is directed to collect fees in
    fiscal year 2021 from Medicare Advantage organizations pursuant to
    section 1857(e)(2) of the Social Security Act and from eligible
    organizations with risk-sharing contracts under section 1876 of that Act
    pursuant to section 1876(k)(4)(D) of that Act:  Provided further, That
    of the amount made available under this heading, $397,334,000 shall
    remain available until September 30, 2022, and shall be available for
    the Survey and Certification Program:  Provided further, That amounts
    available under this heading to support quality improvement
    organizations (as defined in section 1152 of the Social Security Act)
    shall not exceed the amount specifically provided for such purpose under

    [[Page 1581]]

    this heading in division H of the Consolidated Appropriations Act, 2018
    (Public Law 115-141).

    health care fraud and abuse control account

    In addition to amounts otherwise available for program integrity and
    program management, $807,000,000, to remain available through September
    30, 2022, to be transferred from the Federal Hospital Insurance Trust
    Fund and the Federal Supplementary Medical Insurance Trust Fund, as
    authorized by section 201(g) of the Social Security Act, of which
    $616,000,000 shall be for the Centers for Medicare & Medicaid Services
    program integrity activities, of which $99,000,000 shall be for the
    Department of Health and Human Services Office of Inspector General to
    carry out fraud and abuse activities authorized by section 1817(k)(3) of
    such Act, and of which $92,000,000 shall be for the Department of
    Justice to carry out fraud and abuse activities authorized by section
    1817(k)(3) of such Act:  Provided, That the report required by section
    1817(k)(5) of the Social Security Act for fiscal year 2021 shall include
    measures of the operational efficiency and impact on fraud, waste, and
    abuse in the Medicare, Medicaid, and CHIP programs for the funds
    provided by this appropriation:  Provided further, That of the amount
    provided under this heading, $311,000,000 is provided to meet the terms
    of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, and $496,000,000 is additional new
    budget authority specified for purposes of section 251(b)(2)(C) of such
    Act:  Provided further, That the Secretary shall provide not less than
    $20,000,000 from amounts made available under this heading and amounts
    made available for fiscal year 2021 under section 1817(k)(3)(A) of the
    Social Security Act for the Senior Medicare Patrol program to combat
    health care fraud and abuse.

    Administration for Children and Families

    payments to states for child support enforcement and family support
    programs

    For carrying out, except as otherwise provided, titles I, IV-D, X,
    XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
    $3,039,000,000, to remain available until expended; and for such
    purposes for the first quarter of fiscal year 2022, $1,400,000,000, to
    remain available until expended.
    For carrying out, after May 31 of the current fiscal year, except as
    otherwise provided, titles I, IV-D, X, XI, XIV, and XVI of the Social
    Security Act and the Act of July 5, 1960, for the last 3 months of the
    current fiscal year for unanticipated costs, incurred for the current
    fiscal year, such sums as may be necessary.

    low income home energy assistance

    For making payments under subsections (b) and (d) of section 2602 of
    the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et
    seq.), $3,750,304,000:  Provided, That notwithstanding section 2609A(a)
    of such Act, not more than $3,500,000 may be reserved by the Secretary
    of Health and Human Services for technical assistance, training, and
    monitoring of program activities for compliance with internal controls,
    policies and procedures

    [[Page 1582]]

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

    refugee and entrant assistance

    (including transfer of funds)

    For necessary expenses for refugee and entrant assistance activities
    authorized by section 414 of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980, and for
    carrying out section 462 of the Homeland Security Act of 2002, section
    235 of the William Wilberforce Trafficking Victims Protection
    Reauthorization Act of 2008, the Trafficking Victims Protection Act of
    2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
    $1,910,201,000, of which $1,864,446,000 shall remain available through
    September 30, 2023 for carrying out such sections 414, 501, 462, and
    235:  Provided, That amounts available under this heading to carry out
    the TVPA shall also be available for research and evaluation with
    respect to activities under such Act:  Provided further,
    That <>  the limitation in section 205 of this Act
    regarding transfers increasing any appropriation shall apply to
    transfers to appropriations under this heading by substituting ``15
    percent'' for ``3 percent'':  Provided further, That the contribution of
    funds requirement under section 235(c)(6)(C)(iii) of the William
    Wilberforce Trafficking Victims Protection Reauthorization Act of 2008
    shall not apply to funds made available under this heading.

    payments to states for the child care and development block grant

    For carrying out the Child Care and Development Block Grant Act of
    1990 (``CCDBG Act''), $5,911,000,000 shall be used to supplement, not
    supplant State general revenue funds for child care assistance for low-
    income families:  Provided, That <>  technical
    assistance under section 658I(a)(3) of such Act may be provided
    directly, or through the use of contracts, grants, cooperative
    agreements, or interagency agreements:  Provided further, That all funds
    made available to carry out section 418 of the Social Security Act (42
    U.S.C. 618), including funds appropriated for that purpose in such
    section 418 or any other provision of law, shall be subject to the
    reservation of funds authority in paragraphs (4) and (5) of section
    658O(a) of the CCDBG Act:  Provided further, That in addition to the
    amounts required to be reserved by the Secretary under

    [[Page 1583]]

    section 658O(a)(2)(A) of such Act, $177,330,000 shall be for Indian
    tribes and tribal organizations.

    social services block grant

    For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000:  Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out State
    programs pursuant to title XX-A of such Act shall be 10 percent.

    children and families services programs

    For <>  carrying out, except as otherwise provided,
    the Runaway and Homeless Youth Act, the Head Start Act, the Every
    Student Succeeds Act, the Child Abuse Prevention and Treatment Act,
    sections 303 and 313 of the Family Violence Prevention and Services Act,
    the Native American Programs Act of 1974, title II of the Child Abuse
    Prevention and Treatment and Adoption Reform Act of 1978 (adoption
    opportunities), part B-1 of title IV and sections 429, 473A, 477(i),
    1110, 1114A, and 1115 of the Social Security Act, and the Community
    Services Block Grant Act (``CSBG Act''); and for necessary
    administrative expenses to carry out titles I, IV, V, X, XI, XIV, XVI,
    and XX-A of the Social Security Act, the Act of July 5, 1960, the Low-
    Income Home Energy Assistance Act of 1981, the Child Care and
    Development Block Grant Act of 1990, the Assets for Independence Act,
    title IV of the Immigration and Nationality Act, and section 501 of the
    Refugee Education Assistance Act of 1980, $13,040,511,000, of which
    $75,000,000, to remain available through September 30, 2022, shall be
    for grants to States for adoption and legal guardianship incentive
    payments, as defined by section 473A of the Social Security Act and may
    be made for adoptions and legal guardianships completed before September
    30, 2021:  Provided, That $10,748,095,000 shall be for making payments
    under the Head Start Act, including for Early Head Start-Child Care
    Partnerships, and, of which, notwithstanding section 640 of such Act:
    (1) $123,000,000 shall be available for a cost of living
    adjustment, and with respect to any continuing appropriations
    act, funding available for a cost of living adjustment shall not
    be construed as an authority or condition under this Act;
    (2) <>  $25,000,000 shall be available
    for allocation by the Secretary to supplement activities
    described in paragraphs (7)(B) and (9) of section 641(c) of the
    Head Start Act under the Designation Renewal System, established
    under the authority of sections 641(c)(7), 645A(b)(12), and
    645A(d) of such Act, and such funds shall not be included in the
    calculation of ``base grant'' in subsequent fiscal years, as
    such term is used in section 640(a)(7)(A) of such Act;
    (3) $10,000,000 shall be available to migrant and seasonal
    Head Start programs, in addition to funds made available for
    migrant and seasonal Head Start programs under section 640(a) of
    the Head Start Act, for the purposes of quality improvement
    consistent with section 640(a)(5) of such Act except that any
    amount of the funds may be used on any of the activities in such
    section 640(a)(5):  Provided further, That funds derived from a
    migrant and seasonal Head Start program held by

    [[Page 1584]]

    the Secretary as a result of recapturing, withholding, or
    reducing a base grant that were unable to be redistributed
    consistent with section 641A(h)(6)(A)(ii) of such Act shall be
    added to the amount in this paragraph;
    (4) $4,000,000 shall be available for the purposes of
    maintaining the Tribal Colleges and Universities Head Start
    Partnership Program consistent with section 648(g) of such Act;
    and
    (5) $21,000,000 shall be available to supplement funding
    otherwise available for research, evaluation, and Federal
    administrative costs:

    Provided further, That the Secretary may reduce the reservation of
    funds under section 640(a)(2)(C) of such Act in lieu of reducing the
    reservation of funds under sections 640(a)(2)(B), 640(a)(2)(D), and
    640(a)(2)(E) of such Act:  Provided further, That $275,000,000 shall be
    available until December 31, 2021 for carrying out sections 9212 and
    9213 of the Every Student Succeeds Act:  Provided further, That up to 3
    percent of the funds in the preceding proviso shall be available for
    technical assistance and evaluation related to grants awarded under such
    section 9212:  Provided further, That $775,383,000 shall be for making
    payments under the CSBG Act:  Provided further, That $30,383,000 shall
    be for section 680 of the CSBG Act, of which not less than $20,383,000
    shall be for section 680(a)(2) and not less than $10,000,000 shall be
    for section 680(a)(3)(B) of such Act:  Provided further, That,
    notwithstanding section 675C(a)(3) of the CSBG Act, to the extent
    Community Services Block Grant funds are distributed as grant funds by a
    State to an eligible entity as provided under such Act, and have not
    been expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes:  Provided further,
    That <>  the Secretary
    shall establish procedures regarding the disposition of intangible
    assets and program income that permit such assets acquired with, and
    program income derived from, grant funds authorized under section 680 of
    the CSBG Act to become the sole property of such grantees after a period
    of not more than 12 years after the end of the grant period for any
    activity consistent with section 680(a)(2)(A) of the CSBG Act:  Provided
    further, That <>  intangible assets in the form
    of loans, equity investments and other debt instruments, and program
    income may be used by grantees for any eligible purpose consistent with
    section 680(a)(2)(A) of the CSBG Act:  Provided further,
    That <>  these procedures shall
    apply to such grant funds made available after November 29, 1999:
    Provided further, That funds appropriated for section 680(a)(2) of the
    CSBG Act shall be available for financing construction and
    rehabilitation and loans or investments in private business enterprises
    owned by community development corporations:  Provided further, That
    $182,500,000 shall be for carrying out section 303(a) of the Family
    Violence Prevention and Services Act, of which $7,000,000 shall be
    allocated notwithstanding section 303(a)(2) of such Act for carrying out
    section 309 of such Act:  Provided further, That the percentages
    specified in section 112(a)(2) of the Child Abuse Prevention and
    Treatment Act shall not apply to funds appropriated under this heading:
    Provided further, That $1,864,000 shall be for a human services case
    management system for federally declared disasters, to include a
    comprehensive national case management contract and Federal costs of
    administering the

    [[Page 1585]]

    system:  Provided further, That up to $2,000,000 shall be for improving
    the Public Assistance Reporting Information System, including grants to
    States to support data collection for a study of the system's
    effectiveness.

    promoting safe and stable families

    For carrying out, except as otherwise provided, section 436 of the
    Social Security Act, $345,000,000 and, for carrying out, except as
    otherwise provided, section 437 of such Act, $82,515,000:  Provided,
    That <>  of the funds available to carry out section
    437, $59,765,000 shall be allocated consistent with subsections (b)
    through (d) of such section:  Provided further, That of the funds
    available to carry out section 437, to assist in meeting the
    requirements described in section 471(e)(4)(C), $20,000,000 shall be for
    grants to each State, territory, and Indian tribe operating title IV-E
    plans for developing, enhancing, or evaluating kinship navigator
    programs, as described in section 427(a)(1) of such Act and $2,750,000,
    in addition to funds otherwise appropriated in section 476 for such
    purposes, shall be for the Family First Clearinghouse:  Provided
    further, That <>  section 437(b)(1) shall be
    applied to amounts in the previous proviso by substituting ``5 percent''
    for ``3.3 percent'', and notwithstanding section 436(b)(1), such
    reserved amounts may be used for identifying, establishing, and
    disseminating practices to meet the criteria specified in section
    471(e)(4)(C):  Provided further, That the reservation in section
    437(b)(2) and the limitations in section 437(d) shall not apply to funds
    specified in the second proviso:  Provided further, That the minimum
    grant award for kinship navigator programs in the case of States and
    territories shall be $200,000, and, in the case of tribes, shall be
    $25,000.

    payments for foster care and permanency

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

    Administration for Community Living

    aging and disability services programs

    (including transfer of funds)

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

    [[Page 1586]]

    Act of 2002, the Assistive Technology Act of 1998, titles II and VII
    (and section 14 with respect to such titles) of the Rehabilitation Act
    of 1973, and for Department-wide coordination of policy and program
    activities that assist individuals with disabilities, $2,206,000,000,
    together with $52,115,000 to be transferred from the Federal Hospital
    Insurance Trust Fund and the Federal Supplementary Medical Insurance
    Trust Fund to carry out section 4360 of the Omnibus Budget
    Reconciliation Act of 1990:  Provided, That amounts appropriated under
    this heading may be used for grants to States under section 361 of the
    OAA only for disease prevention and health promotion programs and
    activities which have been demonstrated through rigorous evaluation to
    be evidence-based and effective:  Provided further, That of amounts made
    available under this heading to carry out sections 311, 331, and 336 of
    the OAA, up to one percent of such amounts shall be available for
    developing and implementing evidence-based practices for enhancing
    senior nutrition, including medically-tailored meals:  Provided further,
    That notwithstanding any other provision of this Act, funds made
    available under this heading to carry out section 311 of the OAA may be
    transferred to the Secretary of Agriculture in accordance with such
    section:  Provided further, That $2,000,000 shall be for competitive
    grants to support alternative financing programs that provide for the
    purchase of assistive technology devices, such as a low-interest loan
    fund; an interest buy-down program; a revolving loan fund; a loan
    guarantee; or an insurance program:  Provided further, That applicants
    shall provide an assurance that, and information describing the manner
    in which, the alternative financing program will expand and emphasize
    consumer choice and control:  Provided further, That State agencies and
    community-based disability organizations that are directed by and
    operated for individuals with disabilities shall be eligible to compete:
    Provided further, That <>  none of the funds
    made available under this heading may be used by an eligible system (as
    defined in section 102 of the Protection and Advocacy for Individuals
    with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
    legal action in a Federal or State court on behalf of an individual or
    group of individuals with a developmental disability (as defined in
    section 102(8)(A) of the Developmental Disabilities and Assistance and
    Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
    to a mental impairment (or a combination of mental and physical
    impairments), that has as the requested remedy the closure of State
    operated intermediate care facilities for people with intellectual or
    developmental disabilities, unless reasonable public notice of the
    action has been provided to such individuals (or, in the case of mental
    incapacitation, the legal guardians who have been specifically awarded
    authority by the courts to make healthcare and residential decisions on
    behalf of such individuals) who are affected by such action, within 90
    days of instituting such legal action, which informs such individuals
    (or such legal guardians) of their legal rights and how to exercise such
    rights consistent with current Federal Rules of Civil Procedure:
    Provided further, That the limitations in the immediately preceding
    proviso shall not apply in the case of an individual who is neither
    competent to consent nor has a legal guardian, nor shall the proviso
    apply in the case of individuals who are a ward of the State or subject
    to public guardianship.

    [[Page 1587]]

    Office of the Secretary

    general departmental management

    For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six passenger motor vehicles,
    and for carrying out titles III, XVII, XXI, and section 229 of the PHS
    Act, the United States-Mexico Border Health Commission Act, and research
    studies under section 1110 of the Social Security Act, $485,794,000,
    together with $64,828,000 from the amounts available under section 241
    of the PHS Act to carry out national health or human services research
    and evaluation activities:  Provided, That of this amount, $55,400,000
    shall be for minority AIDS prevention and treatment activities:
    Provided further, That of the funds made available under this heading,
    $101,000,000 shall be for making competitive contracts and grants to
    public and private entities to fund medically accurate and age
    appropriate programs that reduce teen pregnancy and for the Federal
    costs associated with administering and evaluating such contracts and
    grants, of which not more than 10 percent of the available funds shall
    be for training and technical assistance, evaluation, outreach, and
    additional program support activities, and of the remaining amount 75
    percent shall be for replicating programs that have been proven
    effective through rigorous evaluation to reduce teenage pregnancy,
    behavioral risk factors underlying teenage pregnancy, or other
    associated risk factors, and 25 percent shall be available for research
    and demonstration grants to develop, replicate, refine, and test
    additional models and innovative strategies for preventing teenage
    pregnancy:  Provided further, That of the amounts provided under this
    heading from amounts available under section 241 of the PHS Act,
    $6,800,000 shall be available to carry out evaluations (including
    longitudinal evaluations) of teenage pregnancy prevention approaches:
    Provided further, That <>  of the funds
    made available under this heading, $35,000,000 shall be for making
    competitive grants which exclusively implement education in sexual risk
    avoidance (defined as voluntarily refraining from non-marital sexual
    activity):  Provided further, That funding for such competitive grants
    for sexual risk avoidance shall use medically accurate information
    referenced to peer-reviewed publications by educational, scientific,
    governmental, or health organizations; implement an evidence-based
    approach integrating research findings with practical implementation
    that aligns with the needs and desired outcomes for the intended
    audience; and teach the benefits associated with self-regulation,
    success sequencing for poverty prevention, healthy relationships, goal
    setting, and resisting sexual coercion, dating violence, and other youth
    risk behaviors such as underage drinking or illicit drug use without
    normalizing teen sexual activity:  Provided further, That no more than
    10 percent of the funding for such competitive grants for sexual risk
    avoidance shall be available for technical assistance and administrative
    costs of such programs:  Provided further, That <>  funds provided in this Act for embryo adoption activities
    may be used to provide to individuals adopting embryos, through grants
    and other mechanisms, medical and administrative services deemed
    necessary for such adoptions:  Provided further, That such services
    shall be provided consistent with 42 CFR 59.5(a)(4):  Provided further,
    That of the funds made available under this heading, $5,000,000 shall be
    for carrying

    [[Page 1588]]

    out prize competitions sponsored by the Office of the Secretary to
    accelerate innovation in the prevention, diagnosis, and treatment of
    kidney diseases (as authorized by section 24 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3719)).

    medicare hearings and appeals

    For expenses necessary for Medicare hearings and appeals in the
    Office of the Secretary, $191,881,000 shall remain available until
    September 30, 2022, to be transferred in appropriate part from the
    Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

    office of the national coordinator for health information technology

    For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts, and
    cooperative agreements for the development and advancement of
    interoperable health information technology, $62,367,000.

    office of inspector general

    For expenses necessary for the Office of Inspector General,
    including the hire of passenger motor vehicles for investigations, in
    carrying out the provisions of the Inspector General Act of 1978,
    $80,000,000:  Provided, That of such amount, necessary sums shall be
    available for providing protective services to the Secretary and
    investigating non-payment of child support cases for which non-payment
    is a Federal offense under 18 U.S.C. 228.

    office for civil rights

    For expenses necessary for the Office for Civil Rights, $38,798,000.

    retirement pay and medical benefits for commissioned officers

    For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    and for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act, such amounts as may be required during the
    current fiscal year.

    public health and social services emergency fund

    For expenses necessary to support activities related to countering
    potential biological, nuclear, radiological, chemical, and cybersecurity
    threats to civilian populations, and for other public health
    emergencies, $1,085,458,000, of which $596,700,000 shall remain
    available through September 30, 2022, for expenses necessary to support
    advanced research and development pursuant to section 319L of the PHS
    Act and other administrative expenses of the Biomedical Advanced
    Research and Development Authority:  Provided, That funds provided under
    this heading for the purpose of acquisition of security countermeasures
    shall be in addition to

    [[Page 1589]]

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

    General Provisions

    Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation expenses
    when specifically approved by the Secretary.
    Sec. 202. None of the funds appropriated in this title shall be used
    to pay the salary of an individual, through a grant or other extramural
    mechanism, at a rate in excess of Executive Level II:  Provided, That
    none of the funds appropriated in this title shall be used to prevent
    the NIH from paying up to 100 percent of the salary of an individual at
    this rate.
    Sec. 203.  None <>  of the funds appropriated in
    this Act may be expended pursuant to section 241 of the PHS Act, except
    for funds specifically provided for in this Act, or for other taps and
    assessments made by any office located in HHS, prior to the preparation
    and submission of a report by the Secretary to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the planned uses of such funds.

    Sec. 204. Notwithstanding <>
    section 241(a) of the PHS Act, such portion as the Secretary shall
    determine, but not more than 2.5 percent, of any amounts appropriated
    for programs authorized under such Act shall be made available for the
    evaluation (directly, or by grants or contracts) and the implementation
    and effectiveness of programs funded in this title.

    (transfer of funds)

    Sec. 205.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for HHS in this
    Act may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall not
    be used to create any new program or

    [[Page 1590]]

    to fund any project or activity for which no funds are provided in this
    Act:  Provided further, That <>  the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

    Sec. 206. In <>  lieu of the
    timeframe specified in section 338E(c)(2) of the PHS Act, terminations
    described in such section may occur up to 60 days after the effective
    date of a contract awarded in fiscal year 2021 under section 338B of
    such Act, or at any time if the individual who has been awarded such
    contract has not received funds due under the contract.

    Sec. 207.  None <>  of the funds appropriated in this Act may be made available to
    any entity under title X of the PHS Act unless the applicant for the
    award certifies to the Secretary that it encourages family participation
    in the decision of minors to seek family planning services and that it
    provides counseling to minors on how to resist attempts to coerce minors
    into engaging in sexual activities.

    Sec. 208. Notwithstanding <>  any other
    provision of law, no provider of services under title X of the PHS Act
    shall be exempt from any State law requiring notification or the
    reporting of child abuse, child molestation, sexual abuse, rape, or
    incest.

    Sec. 209. <>  None of the funds appropriated by
    this Act (including funds appropriated to any trust fund) may be used to
    carry out the Medicare Advantage program if the Secretary denies
    participation in such program to an otherwise eligible entity (including
    a Provider Sponsored Organization) because the entity informs the
    Secretary that it will not provide, pay for, provide coverage of, or
    provide referrals for abortions:  Provided, That the Secretary shall
    make appropriate prospective adjustments to the capitation payment to
    such an entity (based on an actuarially sound estimate of the expected
    costs of providing the service to such entity's enrollees):  Provided
    further, That nothing in this section shall be construed to change the
    Medicare program's coverage for such services and a Medicare Advantage
    organization described in this section shall be responsible for
    informing enrollees where to obtain information about all Medicare
    covered services.

    Sec. 210. None <>  of the funds made available
    in this title may be used, in whole or in part, to advocate or promote
    gun control.

    Sec. 211. The <>  Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United Nations
    International Children's Emergency Fund or the World Health
    Organization.

    Sec. 212.  In order for HHS to carry out international health
    activities, including HIV/AIDS and other infectious disease, chronic and
    environmental disease, and other health activities abroad during fiscal
    year 2021:
    (1) The Secretary may exercise authority equivalent to that
    available to the Secretary of State in section 2(c) of the State
    Department Basic Authorities Act of 1956.
    The <>  Secretary shall consult with the
    Secretary of State and relevant Chief of Mission to ensure that
    the authority provided in this section is exercised in a manner
    consistent with section 207 of the Foreign Service Act of 1980
    and other applicable statutes administered by the Department of
    State.

    [[Page 1591]]

    (2) The Secretary is authorized to provide such funds by
    advance or reimbursement to the Secretary of State as may be
    necessary to pay the costs of acquisition, lease, alteration,
    renovation, and management of facilities outside of the United
    States for the use of HHS. <>  The Department
    of State shall cooperate fully with the Secretary to ensure that
    HHS has secure, safe, functional facilities that comply with
    applicable regulation governing location, setback, and other
    facilities requirements and serve the purposes established by
    this Act. The <>
    Secretary is authorized, in consultation with the Secretary of
    State, through grant or cooperative agreement, to make available
    to public or nonprofit private institutions or agencies in
    participating foreign countries, funds to acquire, lease, alter,
    or renovate facilities in those countries as necessary to
    conduct programs of assistance for international health
    activities, including activities relating to HIV/AIDS and other
    infectious diseases, chronic and environmental diseases, and
    other health activities abroad.
    (3) The Secretary is authorized to provide to personnel
    appointed or assigned by the Secretary to serve abroad,
    allowances and benefits similar to those provided under chapter
    9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
    4081 through 4086 and subject to such regulations prescribed by
    the Secretary. The Secretary is further authorized to provide
    locality-based comparability payments (stated as a percentage)
    up to the amount of the locality-based comparability payment
    (stated as a percentage) that would be payable to such personnel
    under section 5304 of title 5, United States Code if such
    personnel's official duty station were in the District of
    Columbia. Leaves of absence for personnel under this subsection
    shall be on the same basis as that provided under subchapter I
    of chapter 63 of title 5, United States Code, or section 903 of
    the Foreign Service Act of 1980, to individuals serving in the
    Foreign Service.

    (transfer of funds)

    Sec. 213.  The Director of the NIH, jointly with the Director of the
    Office of AIDS Research, may transfer up to 3 percent among institutes
    and centers from the total amounts identified by these two Directors as
    funding for research pertaining to the human immunodeficiency virus:
    Provided, That <>  the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

    (transfer of funds)

    Sec. 214.  Of <>  the amounts made available
    in this Act for NIH, the amount for research related to the human
    immunodeficiency virus, as jointly determined by the Director of NIH and
    the Director of the Office of AIDS Research, shall be made available to
    the ``Office of AIDS Research'' account. The Director of the Office of
    AIDS Research shall transfer from such account amounts necessary to
    carry out section 2353(d)(3) of the PHS Act.

    Sec. 215. (a) Authority.--Notwithstanding any other provision of
    law, the Director of NIH (``Director'') may use funds authorized under
    section 402(b)(12) of the PHS Act to enter into transactions (other than
    contracts, cooperative agreements, or grants) to carry

    [[Page 1592]]

    out research identified pursuant to or research and activities described
    in such section 402(b)(12).
    (b) <>  Peer Review.--
    In entering into transactions under subsection (a), the Director may
    utilize such peer review procedures (including consultation with
    appropriate scientific experts) as the Director determines to be
    appropriate to obtain assessments of scientific and technical
    merit. <> Such procedures shall apply to such
    transactions in lieu of the peer review and advisory council review
    procedures that would otherwise be required under sections 301(a)(3),
    405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.

    Sec. 216.  Not to exceed $45,000,000 of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $3,500,000 per project.

    (transfer of funds)

    Sec. 217.  Of the amounts made available for NIH, 1 percent of the
    amount made available for National Research Service Awards (``NRSA'')
    shall be made available to the Administrator of the Health Resources and
    Services Administration to make NRSA awards for research in primary
    medical care to individuals affiliated with entities who have received
    grants or contracts under sections 736, 739, or 747 of the PHS Act, and
    1 percent of the amount made available for NRSA shall be made available
    to the Director of the Agency for Healthcare Research and Quality to
    make NRSA awards for health service research.
    Sec. 218. (a) <>  The Biomedical Advanced Research
    and Development Authority (``BARDA'') may enter into a contract, for
    more than one but no more than 10 program years, for purchase of
    research services or of security countermeasures, as that term is
    defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
    6b(c)(1)(B)), if--
    (1) funds are available and obligated--
    (A) for the full period of the contract or for the
    first fiscal year in which the contract is in effect;
    and
    (B) for the estimated costs associated with a
    necessary termination of the contract; and
    (2) <>  the Secretary determines that
    a multi-year contract will serve the best interests of the
    Federal Government by encouraging full and open competition or
    promoting economy in administration, performance, and operation
    of BARDA's programs.

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

    Sec. 219. (a) <>  The Secretary
    shall publish in the fiscal year 2022 budget justification and on
    Departmental Web sites information concerning the employment of full-
    time equivalent Federal employees or contractors for the purposes of
    implementing, administering, enforcing, or otherwise carrying out the
    provisions of the

    [[Page 1593]]

    ACA, and the amendments made by that Act, in the proposed fiscal year
    and each fiscal year since the enactment of the ACA.

    (b) With respect to employees or contractors supported by all funds
    appropriated for purposes of carrying out the ACA (and the amendments
    made by that Act), the Secretary shall include, at a minimum, the
    following information:
    (1) For each such fiscal year, the section of such Act under
    which such funds were appropriated, a statement indicating the
    program, project, or activity receiving such funds, the Federal
    operating division or office that administers such program, and
    the amount of funding received in discretionary or mandatory
    appropriations.
    (2) For each such fiscal year, the number of full-time
    equivalent employees or contracted employees assigned to each
    authorized and funded provision detailed in accordance with
    paragraph (1).

    (c) In carrying out this section, the Secretary may exclude from the
    report employees or contractors who--
    (1) are supported through appropriations enacted in laws
    other than the ACA and work on programs that existed prior to
    the passage of the ACA;
    (2) spend less than 50 percent of their time on activities
    funded by or newly authorized in the ACA; or
    (3) work on contracts for which FTE reporting is not a
    requirement of their contract, such as fixed-price contracts.

    Sec. 220. <> The Secretary shall publish, as
    part of the fiscal year 2022 budget of the President submitted under
    section 1105(a) of title 31, United States Code, information that
    details the uses of all funds used by the Centers for Medicare &
    Medicaid Services specifically for Health Insurance Exchanges for each
    fiscal year since the enactment of the ACA and the proposed uses for
    such funds for fiscal year 2022. Such information shall include, for
    each such fiscal year, the amount of funds used for each activity
    specified under the heading ``Health Insurance Exchange Transparency''
    in the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).

    Sec. 221.  None of the funds made available by this Act from the
    Federal Hospital Insurance Trust Fund or the Federal Supplemental
    Medical Insurance Trust Fund, or transferred from other accounts funded
    by this Act to the ``Centers for Medicare & Medicaid Services--Program
    Management'' account, may be used for payments under section 1342(b)(1)
    of Public Law 111-148 (relating to risk corridors).

    (transfer of funds)

    Sec. 222. (a) <>  Within 45 days of enactment of
    this Act, the Secretary shall transfer funds appropriated under section
    4002 of the ACA to the accounts specified, in the amounts specified, and
    for the activities specified under the heading ``Prevention and Public
    Health Fund'' in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act).

    (b) Notwithstanding section 4002(c) of the ACA, the Secretary may
    not further transfer these amounts.

    [[Page 1594]]

    (c) Funds transferred for activities authorized under section 2821
    of the PHS Act shall be made available without reference to section
    2821(b) of such Act.
    Sec. 223. <> Effective during the period
    beginning on November 1, 2015 and ending January 1, 2023, any provision
    of law that refers (including through cross-reference to another
    provision of law) to the current recommendations of the United States
    Preventive Services Task Force with respect to breast cancer screening,
    mammography, and prevention shall be administered by the Secretary
    involved as if--
    (1) such reference to such current recommendations were a
    reference to the recommendations of such Task Force with respect
    to breast cancer screening, mammography, and prevention last
    issued before 2009; and
    (2) such recommendations last issued before 2009 applied to
    any screening mammography modality under section 1861(jj) of the
    Social Security Act (42 U.S.C. 1395x(jj)).

    Sec. 224. <> In making Federal financial
    assistance, the provisions relating to indirect costs in part 75 of
    title 45, Code of Federal Regulations, including with respect to the
    approval of deviations from negotiated rates, shall continue to apply to
    the National Institutes of Health to the same extent and in the same
    manner as such provisions were applied in the third quarter of fiscal
    year 2017. None of the funds appropriated in this or prior Acts or
    otherwise made available to the Department of Health and Human Services
    or to any department or agency may be used to develop or implement a
    modified approach to such provisions, or to intentionally or
    substantially expand the fiscal effect of the approval of such
    deviations from negotiated rates beyond the proportional effect of such
    approvals in such quarter.

    (transfer of funds)

    Sec. 225. <> The NIH Director may transfer funds for opioid
    addiction, opioid alternatives, stimulant misuse and addiction, pain
    management, and addiction treatment to other Institutes and Centers of
    the NIH to be used for the same purpose 15 days after notifying the
    Committees on Appropriations of the House of Representatives and the
    Senate:  Provided, That the transfer authority provided in the previous
    proviso is in addition to any other transfer authority provided by law.

    Sec. 226. (a) The Secretary shall provide to the Committees on
    Appropriations of the House of Representatives and the Senate:
    (1) Detailed monthly enrollment figures from the Exchanges
    established under the Patient Protection and Affordable Care Act
    of 2010 pertaining to enrollments during the open enrollment
    period; and
    (2) <> Notification of any new or
    competitive grant awards, including supplements, authorized
    under section 330 of the Public Health Service Act.

    (b) <> The Committees on
    Appropriations of the House and Senate must be notified at least 2
    business days in advance of any public release of enrollment information
    or the award of such grants.

    Sec. 227.  In addition to the amounts otherwise available for
    ``Centers for Medicare & Medicaid Services, Program Management'', the
    Secretary of Health and Human Services may transfer up

    [[Page 1595]]

    to $305,000,000 to such account from the Federal Hospital Insurance
    Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to
    support program management activity related to the Medicare Program:
    Provided, That except for the foregoing purpose, such funds may not be
    used to support any provision of Public Law 111-148 or Public Law 111-
    152 (or any amendment made by either such Public Law) or to supplant any
    other amounts within such account.
    Sec. 228. <> The Department of Health and Human
    Services shall provide the Committees on Appropriations of the House of
    Representatives and Senate a biannual report 30 days after enactment of
    this Act on staffing described in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act).

    Sec. 229.  Funds appropriated in this Act that are available for
    salaries and expenses of employees of the Department of Health and Human
    Services shall also be available to pay travel and related expenses of
    such an employee or of a member of his or her family, when such employee
    is assigned to duty, in the United States or in a U.S. territory, during
    a period and in a location that are the subject of a determination of a
    public health emergency under section 319 of the Public Health Service
    Act and such travel is necessary to obtain medical care for an illness,
    injury, or medical condition that cannot be adequately addressed in that
    location at that time. For <>  purposes
    of this section, the term ``U.S. territory'' means Guam, the
    Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin
    Islands, American Samoa, or the Trust Territory of the Pacific Islands.

    Sec. 230. The <>  Department of Health and Human
    Services may accept donations from the private sector, nongovernmental
    organizations, and other groups independent of the Federal Government
    for the care of unaccompanied alien children (as defined in section
    462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
    the care of the Office of Refugee Resettlement of the Administration for
    Children and Families, including medical goods and services, which may
    include early childhood developmental screenings, school supplies, toys,
    clothing, and any other items intended to promote the wellbeing of such
    children.

    Sec. 231. <> (a) None of the
    funds provided by this or any prior appropriations Act may be used to
    reverse changes in procedures made by operational directives issued to
    providers by the Office of Refugee Resettlement on December 18, 2018,
    March 23, 2019, and June 10, 2019 regarding the Memorandum of Agreement
    on Information Sharing executed April 13, 2018.

    (b) <>  Notwithstanding subsection (a), the
    Secretary may make changes to such operational directives upon making a
    determination that such changes are necessary to prevent unaccompanied
    alien children from being placed in danger, and the Secretary shall
    provide a written justification to Congress and the Inspector General of
    the Department of Health and Human Services in advance of implementing
    such changes.

    (c) <>  Within 15 days of the
    Secretary's communication of the justification, the Inspector General of
    the Department of Health and Human Services shall provide an assessment,
    in writing, to the Secretary and to the Committees on Appropriations of
    the House of Representatives and the Senate of whether such changes

    [[Page 1596]]

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

    Sec. 232. None <>  of the funds made available in
    this Act under the heading ``Department of Health and Human Services--
    Administration for Children and Families--Refugee and Entrant
    Assistance'' may be obligated to a grantee or contractor to house
    unaccompanied alien children (as such term is defined in section
    462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2))) in
    any facility that is not State-licensed for the care of unaccompanied
    alien children, except in the case that the Secretary determines that
    housing unaccompanied alien children in such a facility is necessary on
    a temporary basis due to an influx of such children or an emergency,
    provided that--
    (1) <>  the terms of the
    grant or contract for the operations of any such facility that
    remains in operation for more than six consecutive months shall
    require compliance with--
    (A) <>  the same requirements
    as licensed placements, as listed in Exhibit 1 of the
    Flores Settlement Agreement that the Secretary
    determines are applicable to non-State licensed
    facilities; and
    (B) staffing ratios of one (1) on-duty Youth Care
    Worker for every eight (8) children or youth during
    waking hours, one (1) on-duty Youth Care Worker for
    every sixteen (16) children or youth during sleeping
    hours, and clinician ratios to children (including
    mental health providers) as required in grantee
    cooperative agreements;
    (2) <>  the
    Secretary may grant a 60-day waiver for a contractor's or
    grantee's non-compliance with paragraph (1) if the Secretary
    certifies and provides a report to Congress on the contractor's
    or grantee's good-faith efforts and progress towards compliance;
    (3) not more than four consecutive waivers under paragraph
    (2) may be granted to a contractor or grantee with respect to a
    specific facility;
    (4) ORR shall ensure full adherence to the monitoring
    requirements set forth in section 5.5 of its Policies and
    Procedures Guide as of May 15, 2019;
    (5) for any such unlicensed facility in operation for more
    than three consecutive months, ORR shall conduct a minimum of
    one comprehensive monitoring visit during the first three months
    of operation, with quarterly monitoring visits thereafter; and
    (6) <>  not later than 60 days
    after the date of enactment of this Act, ORR shall brief the
    Committees on Appropriations of the House of Representatives and
    the Senate outlining the requirements of ORR for influx
    facilities including any requirement listed in paragraph (1)(A)
    that the Secretary has determined are not applicable to non-
    State licensed facilities.

    Sec. 233. In <>
    addition to the existing Congressional notification for formal site
    assessments of potential influx facilities, the Secretary shall notify
    the Committees on Appropriations of the House of Representatives and the
    Senate at least 15 days before operationalizing an unlicensed facility,
    and shall (1) specify whether the facility is hard-sided or soft-sided,
    and (2) provide analysis that indicates that, in the absence of the
    influx facility, the likely outcome is that unaccompanied alien children
    will remain in the custody of the Department of Homeland Security for
    longer than

    [[Page 1597]]

    72 hours or that unaccompanied alien children will be otherwise placed
    in danger. Within <>  60 days of bringing such a
    facility online, and monthly thereafter, the Secretary shall provide to
    the Committees on Appropriations of the House of Representatives and the
    Senate a report detailing the total number of children in care at the
    facility, the average length of stay and average length of care of
    children at the facility, and, for any child that has been at the
    facility for more than 60 days, their length of stay and reason for
    delay in release.

    Sec. 234. None <>  of the funds made available in this Act may be used to
    prevent a United States Senator or Member of the House of
    Representatives from entering, for the purpose of conducting oversight,
    any facility in the United States used for the purpose of maintaining
    custody of, or otherwise housing, unaccompanied alien children (as
    defined in section 462(g)(2) of the Homeland Security Act of 2002 (6
    U.S.C. 279(g)(2))), provided that such Senator or Member has coordinated
    the oversight visit with the Office of Refugee Resettlement not less
    than two business days in advance to ensure that such visit would not
    interfere with the operations (including child welfare and child safety
    operations) of such facility.

    Sec. 235. Not <>  later
    than 14 days after the date of enactment of this Act, and monthly
    thereafter, the Secretary shall submit to the Committees on
    Appropriations of the House of Representatives and the Senate, and make
    publicly available online, a report with respect to children who were
    separated from their parents or legal guardians by the Department of
    Homeland Security (DHS) (regardless of whether or not such separation
    was pursuant to an option selected by the children, parents, or
    guardians), subsequently classified as unaccompanied alien children, and
    transferred to the care and custody of ORR during the previous month.
    Each report shall contain the following information:
    (1) the number and ages of children so separated subsequent
    to apprehension at or between ports of entry, to be reported by
    sector where separation occurred; and
    (2) the documented cause of separation, as reported by DHS
    when each child was referred.

    Sec. 236.  Funds appropriated in this Act that are available for
    salaries and expenses of employees of the Centers for Disease Control
    and Prevention shall also be available for the primary and secondary
    schooling of eligible dependents of personnel stationed in a U.S.
    territory as defined in section 229 of this Act at costs not in excess
    of those paid for or reimbursed by the Department of Defense.
    Sec. 237.  Of the unobligated balances available in fiscal year 2021
    in the ``Nonrecurring Expenses Fund'' established in section 223 of
    division G of Public Law 110-161, $225,000,000, in addition to any funds
    otherwise made available for such purposes in this, prior, or subsequent
    fiscal years, shall be available during the period of availability of
    the Fund for the study of, construction of, demolition of, renovation
    of, and acquisition of equipment for, facilities of or used by the
    National Institutes of Health, including the acquisition of real
    property.

    [[Page 1598]]

    (rescission)

    Sec. 238.  Of <>  the unobligated balances in the
    ``Nonrecurring Expenses Fund'' established in section 223 of division G
    of Public Law 110-161, $375,000,000 are hereby rescinded not later than
    September 30, 2021.

    Sec. 239. <> (a) The
    Chamblee Research Support Building (Building 108) at the Centers for
    Disease Control and Prevention is hereby renamed as the Johnny Isakson
    Public Health Research Building.

    (b) Section 238 of division A of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) <>
    is amended by inserting ``during the period of availability of the
    Fund'' after ``shall be available'' and by inserting ``moving
    expenses,'' after ``renovation of facilities,''.

    This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2021''.

    TITLE <> III

    DEPARTMENT OF EDUCATION

    Education for the Disadvantaged

    For carrying out title I and subpart 2 of part B of title II of the
    Elementary and Secondary Education Act of 1965 (referred to in this Act
    as ``ESEA'') and section 418A of the Higher Education Act of 1965
    (referred to in this Act as ``HEA''), $17,226,790,000, of which
    $6,306,490,000 shall become available on July 1, 2021, and shall remain
    available through September 30, 2022, and of which $10,841,177,000 shall
    become available on October 1, 2021, and shall remain available through
    September 30, 2022, for academic year 2021-2022:  Provided, That
    $6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
    Provided further, That up to $5,000,000 of these funds shall be
    available to the Secretary of Education (referred to in this title as
    ``Secretary'') on October 1, 2020, to obtain annually updated local
    educational agency-level census poverty data from the Bureau of the
    Census:  Provided further, That $1,362,301,000 shall be for
    concentration grants under section 1124A of the ESEA:  Provided further,
    That $4,357,550,000 shall be for targeted grants under section 1125 of
    the ESEA:  Provided further, That $4,357,550,000 shall be for education
    finance incentive grants under section 1125A of the ESEA:  Provided
    further, That $220,000,000 shall be for carrying out subpart 2 of part B
    of title II:  Provided further, That $46,123,000 shall be for carrying
    out section 418A of the HEA.

    Impact Aid

    For carrying out programs of financial assistance to federally
    affected schools authorized by title VII of the ESEA, $1,501,112,000, of
    which $1,354,242,000 shall be for basic support payments under section
    7003(b), $48,316,000 shall be for payments for children with
    disabilities under section 7003(d), $17,406,000, to remain available
    through September 30, 2022, shall be for construction under section
    7007(b), $76,313,000 shall be for Federal property payments under
    section 7002, and $4,835,000, to remain available until expended, shall
    be for facilities maintenance under section 7008:

    [[Page 1599]]

    Provided, That for purposes of computing the amount of a payment for an
    eligible local educational agency under section 7003(a) for school year
    2020-2021, children enrolled in a school of such agency that would
    otherwise be eligible for payment under section 7003(a)(1)(B) of such
    Act, but due to the deployment of both parents or legal guardians, or a
    parent or legal guardian having sole custody of such children, or due to
    the death of a military parent or legal guardian while on active duty
    (so long as such children reside on Federal property as described in
    section 7003(a)(1)(B)), are no longer eligible under such section, shall
    be considered as eligible students under such section, provided such
    students remain in average daily attendance at a school in the same
    local educational agency they attended prior to their change in
    eligibility status.

    School Improvement Programs

    For carrying out school improvement activities authorized by part B
    of title I, part A of title II, subpart 1 of part A of title IV, part B
    of title IV, part B of title V, and parts B and C of title VI of the
    ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
    Educational Technical Assistance Act of 2002; the Compact of Free
    Association Amendments Act of 2003; and the Civil Rights Act of 1964,
    $5,444,217,000, of which $3,613,652,000 shall become available on July
    1, 2021, and remain available through September 30, 2022, and of which
    $1,681,441,000 shall become available on October 1, 2021, and shall
    remain available through September 30, 2022, for academic year 2021-
    2022:  Provided, That $378,000,000 shall be for part B of title I:
    Provided further, That $1,259,673,000 shall be for part B of title IV:
    Provided further, That <>  $37,397,000 shall be
    for part B of title VI, which may be used for construction, renovation,
    and modernization of any public elementary school, secondary school, or
    structure related to a public elementary school or secondary school that
    serves a predominantly Native Hawaiian student body, and that the 5
    percent limitation in section 6205(b) of the ESEA on the use of funds
    for administrative purposes shall apply only to direct administrative
    costs:  Provided further, That <>  $36,453,000
    shall be for part C of title VI, which shall be awarded on a competitive
    basis, and may be used for construction, and that the 5 percent
    limitation in section 6305 of the ESEA on the use of funds for
    administrative purposes shall apply only to direct administrative costs:
    Provided further, That $52,000,000 shall be available to carry out
    section 203 of the Educational Technical Assistance Act of 2002 and the
    Secretary shall make such arrangements as determined to be necessary to
    ensure that the Bureau of Indian Education has access to services
    provided under this section:  Provided further, That $16,699,000 shall
    be available to carry out the Supplemental Education Grants program for
    the Federated States of Micronesia and the Republic of the Marshall
    Islands:  Provided further, That the Secretary may reserve up to 5
    percent of the amount referred to in the previous proviso to provide
    technical assistance in the implementation of these grants:  Provided
    further, That $187,840,000 shall be for part B of title V:  Provided
    further, That $1,220,000,000 shall be available for grants under subpart
    1 of part A of title IV.

    [[Page 1600]]

    Indian Education

    For expenses necessary to carry out, to the extent not otherwise
    provided, title VI, part A of the ESEA, $181,239,000, of which
    $67,993,000 shall be for subpart 2 of part A of title VI and $7,865,000
    shall be for subpart 3 of part A of title VI:  Provided,
    That <>  the 5 percent limitation in sections
    6115(d), 6121(e), and 6133(g) of the ESEA on the use of funds for
    administrative purposes shall apply only to direct administrative costs.

    Innovation and Improvement

    For carrying out activities authorized by subparts 1, 3 and 4 of
    part B of title II, and parts C, D, and E and subparts 1 and 4 of part F
    of title IV of the ESEA, $1,114,250,000:  Provided, That $285,250,000
    shall be for subparts 1, 3 and 4 of part B of title II and shall be made
    available without regard to sections 2201, 2231(b) and 2241:  Provided
    further, That $635,000,000 shall be for parts C, D, and E and subpart 4
    of part F of title IV, and shall be made available without regard to
    sections 4311, 4409(a), and 4601 of the ESEA:  Provided further, That
    section 4303(d)(3)(A)(i) shall not apply to the funds available for part
    C of title IV:  Provided further, That of the funds available for part C
    of title IV, the Secretary shall use $60,000,000 to carry out section
    4304, of which not more than $10,000,000 shall be available to carry out
    section 4304(k), $140,000,000, to remain available through March 31,
    2022, to carry out section 4305(b), and not more than $15,000,000 to
    carry out the activities in section 4305(a)(3):  Provided further,
    That <>  notwithstanding section 4601(b), $194,000,000
    shall be available through December 31, 2021 for subpart 1 of part F of
    title IV.

    Safe Schools and Citizenship Education

    For carrying out activities authorized by subparts 2 and 3 of part F
    of title IV of the ESEA, $217,000,000:  Provided, That $106,000,000
    shall be available for section 4631, of which up to $5,000,000, to
    remain available until expended, shall be for the Project School
    Emergency Response to Violence (Project SERV) program:  Provided
    further, That $30,000,000 shall be available for section 4625:  Provided
    further, That $81,000,000 shall be available through December 31, 2021,
    for section 4624.

    English Language Acquisition

    For carrying out part A of title III of the ESEA, $797,400,000,
    which shall become available on July 1, 2021, and shall remain available
    through September 30, 2022, except that 6.5 percent of such amount shall
    be available on October 1, 2020, and shall remain available through
    September 30, 2022, to carry out activities under section 3111(c)(1)(C).

    Special <> Education

    For carrying out the Individuals with Disabilities Education Act
    (IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
    $14,070,743,000, of which $4,533,544,000 shall become available on July
    1, 2021, and shall remain available through

    [[Page 1601]]

    September 30, 2022, and of which $9,283,383,000 shall become available
    on October 1, 2021, and shall remain available through September 30,
    2022, for academic year 2021-2022:  Provided, That the amount for
    section 611(b)(2) of the IDEA shall be equal to the lesser of the amount
    available for that activity during fiscal year 2020, increased by the
    amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or
    the percent change in the funds appropriated under section 611(i) of the
    IDEA, but not less than the amount for that activity during fiscal year
    2020:  Provided further, That the Secretary shall, without regard to
    section 611(d) of the IDEA, distribute to all other States (as that term
    is defined in section 611(g)(2)), subject to the third proviso, any
    amount by which a State's allocation under section 611, from funds
    appropriated under this heading, is reduced under section 612(a)(18)(B),
    according to the following: 85 percent on the basis of the States'
    relative populations of children aged 3 through 21 who are of the same
    age as children with disabilities for whom the State ensures the
    availability of a free appropriate public education under this part, and
    15 percent to States on the basis of the States' relative populations of
    those children who are living in poverty:  Provided further, That the
    Secretary may not distribute any funds under the previous proviso to any
    State whose reduction in allocation from funds appropriated under this
    heading made funds available for such a distribution:  Provided further,
    That the States shall allocate such funds distributed under the second
    proviso to local educational agencies in accordance with section 611(f):
    Provided further, That <>  the amount by which
    a State's allocation under section 611(d) of the IDEA is reduced under
    section 612(a)(18)(B) and the amounts distributed to States under the
    previous provisos in fiscal year 2012 or any subsequent year shall not
    be considered in calculating the awards under section 611(d) for fiscal
    year 2013 or for any subsequent fiscal years:  Provided further,
    That, <>  notwithstanding the
    provision in section 612(a)(18)(B) regarding the fiscal year in which a
    State's allocation under section 611(d) is reduced for failure to comply
    with the requirement of section 612(a)(18)(A), the Secretary may apply
    the reduction specified in section 612(a)(18)(B) over a period of
    consecutive fiscal years, not to exceed 5, until the entire reduction is
    applied:  Provided further, That <>  the
    Secretary may, in any fiscal year in which a State's allocation under
    section 611 is reduced in accordance with section 612(a)(18)(B), reduce
    the amount a State may reserve under section 611(e)(1) by an amount that
    bears the same relation to the maximum amount described in that
    paragraph as the reduction under section 612(a)(18)(B) bears to the
    total allocation the State would have received in that fiscal year under
    section 611(d) in the absence of the reduction:  Provided further,
    That <>  the Secretary shall either reduce the
    allocation of funds under section 611 for any fiscal year following the
    fiscal year for which the State fails to comply with the requirement of
    section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to
    recover funds under section 452 of the General Education Provisions Act
    (20 U.S.C. 1234a):  Provided further, That the funds reserved under
    611(c) of the IDEA may be used to provide technical assistance to States
    to improve the capacity of the States to meet the data collection
    requirements of sections 616 and 618 and to administer and carry out
    other services and activities to improve data collection, coordination,
    quality, and use under parts B and C of the IDEA:  Provided

    [[Page 1602]]

    further, That <>  the Secretary may use funds made
    available for the State Personnel Development Grants program under part
    D, subpart 1 of IDEA to evaluate program performance under such subpart:
    Provided further, That <>  States may use funds reserved
    for other State-level activities under sections 611(e)(2) and 619(f) of
    the IDEA to make subgrants to local educational agencies, institutions
    of higher education, other public agencies, and private non-profit
    organizations to carry out activities authorized by those sections:
    Provided further, That, <>  notwithstanding section
    643(e)(2)(A) of the IDEA, if 5 or fewer States apply for grants pursuant
    to section 643(e) of such Act, the Secretary shall provide a grant to
    each State in an amount equal to the maximum amount described in section
    643(e)(2)(B) of such Act:  Provided further, That if more than 5 States
    apply for grants pursuant to section 643(e) of the IDEA, the Secretary
    shall award funds to those States on the basis of the States' relative
    populations of infants and toddlers except that no such State shall
    receive a grant in excess of the amount described in section
    643(e)(2)(B) of such Act:  Provided further, That States may use funds
    allotted under section 643(c) of the IDEA to make subgrants to local
    educational agencies, institutions of higher education, other public
    agencies, and private non-profit organizations to carry out activities
    authorized by section 638 of IDEA.

    Rehabilitation Services

    For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973 and the Helen Keller National Center Act,
    $3,814,220,000, of which $3,675,021,000 shall be for grants for
    vocational rehabilitation services under title I of the Rehabilitation
    Act:  Provided, That the Secretary may use amounts provided in this Act
    that remain available subsequent to the reallotment of funds to States
    pursuant to section 110(b) of the Rehabilitation Act for innovative
    activities aimed at increasing competitive integrated employment as
    defined in section 7 of such Act for youth and other individuals with
    disabilities:  Provided further, That <>  States may
    award subgrants for a portion of the funds to other public and private,
    nonprofit entities:  Provided further, That any funds made available
    subsequent to reallotment for innovative activities aimed at improving
    the outcomes of individuals with disabilities shall remain available
    until September 30, 2022.

    Special Institutions for Persons With Disabilities

    american printing house for the blind

    For carrying out the Act to Promote the Education of the Blind of
    March 3, 1879, $34,431,000.

    national technical institute for the deaf

    For the National Technical Institute for the Deaf under titles I and
    II of the Education of the Deaf Act of 1986, $81,500,000:  Provided,
    That from the total amount available, the Institute may at its
    discretion use funds for the endowment program as authorized under
    section 207 of such Act.

    [[Page 1603]]

    gallaudet university

    For the Kendall Demonstration Elementary School, the Model Secondary
    School for the Deaf, and the partial support of Gallaudet University
    under titles I and II of the Education of the Deaf Act of 1986,
    $140,361,000:  Provided, That from the total amount available, the
    University may at its discretion use funds for the endowment program as
    authorized under section 207 of such Act.

    Career, Technical, and Adult Education

    For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006 (``Perkins Act'') and
    the Adult Education and Family Literacy Act (``AEFLA''), $2,030,936,000,
    of which $1,239,936,000 shall become available on July 1, 2021, and
    shall remain available through September 30, 2022, and of which
    $791,000,000 shall become available on October 1, 2021, and shall remain
    available through September 30, 2022:  Provided, That of the amounts
    made available for AEFLA, $13,712,000 shall be for national leadership
    activities under section 242.

    Student Financial Assistance

    For carrying out subparts 1, 3, and 10 of part A, and part C of
    title IV of the HEA, $24,545,352,000 which shall remain available
    through September 30, 2022.
    The <>  maximum Pell Grant for which a
    student shall be eligible during award year 2021-2022 shall be $5,435.

    Student Aid Administration

    For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
    title IV of the HEA, and subpart 1 of part A of title VII of the Public
    Health Service Act, $1,853,943,000, to remain available through
    September 30, 2022:  Provided, That <>  the
    Secretary shall allocate new student loan borrower accounts to eligible
    student loan servicers on the basis of their past performance compared
    to all loan servicers utilizing established common metrics, and on the
    basis of the capacity of each servicer to process new and existing
    accounts:  Provided further, That <>  for
    student loan contracts awarded prior to October 1, 2017, the Secretary
    shall allow student loan borrowers who are consolidating Federal student
    loans to select from any student loan servicer to service their new
    consolidated student loan:  Provided further,
    That <>  in order to promote accountability and
    high-quality service to borrowers, the Secretary shall not award funding
    for any contract solicitation for a new Federal student loan servicing
    environment, including the solicitation for the Federal Student Aid
    (FSA) Next Generation Processing and Servicing Environment, unless such
    an environment provides for the participation of multiple student loan
    servicers that contract directly with the Department of Education to
    manage a unique portfolio of borrower accounts and the full life-cycle
    of loans from disbursement to pay-off with certain limited exceptions,
    and allocates student loan borrower accounts to eligible student loan
    servicers based on performance:  Provided further,
    That <>  the Department shall re-allocate accounts
    from servicers for recurring non-

    [[Page 1604]]

    compliance with FSA guidelines, contractual requirements, and applicable
    laws, including for failure to sufficiently inform borrowers of
    available repayment options:  Provided further,
    That <>  such servicers shall be evaluated based on
    their ability to meet contract requirements (including an understanding
    of Federal and State law), future performance on the contracts, and
    history of compliance with applicable consumer protections laws:
    Provided further, That <>  to the extent FSA permits
    student loan servicing subcontracting, FSA shall hold prime contractors
    accountable for meeting the requirements of the contract, and the
    performance and expectations of subcontractors shall be accounted for in
    the prime contract and in the overall performance of the prime
    contractor:  Provided further, That FSA shall ensure that the Next
    Generation Processing and Servicing Environment, or any new Federal loan
    servicing environment, incentivize more support to borrowers at risk of
    delinquency or default:  Provided further, That FSA shall ensure that in
    such environment contractors have the capacity to meet and are held
    accountable for performance on service levels; are held accountable for
    and have a history of compliance with applicable consumer protection
    laws; and have relevant experience and demonstrated effectiveness:
    Provided further, That <>  the Secretary
    shall provide quarterly briefings to the Committees on Appropriations
    and Education and Labor of the House of Representatives and the
    Committees on Appropriations and Health, Education, Labor, and Pensions
    of the Senate on general progress related to solicitations for Federal
    student loan servicing contracts:  Provided further, That FSA shall
    strengthen transparency through expanded publication of aggregate data
    on student loan and servicer performance:  Provided further,
    That <>  not later
    than 60 days after enactment of this Act, FSA shall provide to the
    Committees on Appropriations of the House of Representatives and the
    Senate a detailed spend plan of anticipated uses of funds made available
    in this account for fiscal year 2021 and provide quarterly updates on
    this plan (including contracts awarded, change orders, bonuses paid to
    staff, reorganization costs, and any other activity carried out using
    amounts provided under this heading for fiscal year 2021):  Provided
    further, That the FSA Next Generation Processing and Servicing
    Environment, or any new Federal student loan servicing environment,
    shall include accountability measures that account for the performance
    of the portfolio and contractor compliance with FSA guidelines:
    Provided further, That, <>  due to
    concerns with the transfer of borrower accounts and to allow appropriate
    time for review of the risks of current contracting plans, FSA shall
    suspend awarding of any contract for the Interim Servicing Solution
    (ISS) Solicitation (Solicitation No. 91003120R0018) for a period of not
    less than 90 days after enactment of this Act:  Provided further, That
    FSA may not award funding for any contract under such ISS Solicitation
    unless Business Process Operations (BPO) Contractors are, as borrower
    accounts are migrated to ISS, immediately responsible for all contact
    center and back-office processing, as described in BPO Solicitation No.
    91003119R0008, necessary to deliver all such servicing requirements for
    accounts that have been migrated to ISS:  Provided further,
    That <>  notwithstanding the requirements
    of the Federal Property and Administration Services Act of 1949, 41
    U.S.C. 3101 et. seq, as amended; parts 6, 16, and 37 of title 48, Code
    of Federal Regulations; or any other procurement limitation on the
    period of performance, the Secretary may extend the period of
    performance

    [[Page 1605]]

    for any contract under section 456 of the HEA for servicing activities
    scheduled to expire on December 14, 2021, or March 30, 2022, as
    applicable, for up to two additional years from the date of expiration.

    Higher Education

    For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, VII, and VIII of the HEA, the Mutual Educational and
    Cultural Exchange Act of 1961, and section 117 of the Perkins Act,
    $2,541,661,000, of which $96,000,000 shall remain available through
    December 31, 2021:  Provided, That notwithstanding any other provision
    of law, funds made available in this Act to carry out title VI of the
    HEA and section 102(b)(6) of the Mutual Educational and Cultural
    Exchange Act of 1961 may be used to support visits and study in foreign
    countries by individuals who are participating in advanced foreign
    language training and international studies in areas that are vital to
    United States national security and who plan to apply their language
    skills and knowledge of these countries in the fields of government, the
    professions, or international development:  Provided further, That of
    the funds referred to in the preceding proviso up to 1 percent may be
    used for program evaluation, national outreach, and information
    dissemination activities:  Provided further, That up to 1.5 percent of
    the funds made available under chapter 2 of subpart 2 of part A of title
    IV of the HEA may be used for evaluation:  Provided further, That
    section 313(d) of the HEA shall not apply to an institution of higher
    education that is eligible to receive funding under section 318 of the
    HEA.

    Howard University

    For partial support of Howard University, $251,018,000, of which not
    less than $3,405,000 shall be for a matching endowment grant pursuant to
    the Howard University Endowment Act and shall remain available until
    expended.

    College Housing and Academic Facilities Loans Program

    For Federal administrative expenses to carry out activities related
    to existing facility loans pursuant to section 121 of the HEA, $435,000.

    Historically <>  Black College and University Capital
    Financing Program Account

    For the cost of guaranteed loans, $22,150,000, as authorized
    pursuant to part D of title III of the HEA, which shall remain available
    through September 30, 2022:  Provided, That such costs, including the
    cost of modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974:  Provided further, That these funds
    are available to subsidize total loan principal, any part of which is to
    be guaranteed, not to exceed $278,266,000:  Provided further, That these
    funds may be used to support loans to public and private Historically
    Black Colleges and Universities without regard to the limitations within
    section 344(a) of the HEA.

    [[Page 1606]]

    In addition, $16,000,000, to remain available through September 30,
    2022, shall be made available to provide for the deferment of loans made
    under part D of title III of the HEA to eligible institutions that are
    private Historically Black Colleges and Universities, which apply for
    the deferment of such a loan and demonstrate financial need for such
    deferment by having a score of 2.6 or less on the Department of
    Education's financial responsibility test:  Provided, That the loan has
    not been paid in full and is not paid in full during the period of
    deferment:  Provided further, That <>  during the
    period of deferment of such a loan, interest on the loan will not accrue
    or be capitalized, and the period of deferment shall be for at least a
    period of 3-fiscal years and not more than 6-fiscal years:  Provided
    further, That funds available under this paragraph shall be used to fund
    eligible deferment requests submitted for this purpose in fiscal year
    2018:  Provided further, That <>  the Secretary
    shall create and execute an outreach plan to work with States and the
    Capital Financing Advisory Board to improve outreach to States and help
    additional public Historically Black Colleges and Universities
    participate in the program.

    In <>  addition, $10,000,000, to remain
    available through September 30, 2022, shall be made available to provide
    for the deferment of loans made under part D of title III of the HEA to
    eligible institutions that are public Historically Black Colleges and
    Universities, which apply for the deferment of such a loan and
    demonstrate financial need for such deferment, which shall be determined
    by the Secretary of Education based on factors including, but not
    limited to, equal to or greater than 5 percent of the school's operating
    revenue relative to its annual debt service payment:  Provided,
    That <>  during the period of deferment of such a
    loan, interest on the loan will not accrue or be capitalized, and the
    period of deferment shall be for at least a period of 3-fiscal years and
    not more than 6-fiscal years.

    In addition, for administrative expenses to carry out the
    Historically Black College and University Capital Financing Program
    entered into pursuant to part D of title III of the HEA, $334,000.

    Institute of Education Sciences

    For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, the National Assessment of Educational Progress
    Authorization Act, section 208 of the Educational Technical Assistance
    Act of 2002, and section 664 of the Individuals with Disabilities
    Education Act, $642,462,000, which shall remain available through
    September 30, 2022:  Provided, That funds available to carry out section
    208 of the Educational Technical Assistance Act may be used to link
    Statewide elementary and secondary data systems with early childhood,
    postsecondary, and workforce data systems, or to further develop such
    systems:  Provided further, That up to $6,000,000 of the funds available
    to carry out section 208 of the Educational Technical Assistance Act may
    be used for awards to public or private organizations or agencies to
    support activities to improve data coordination, quality, and use at the
    local, State, and national levels.

    [[Page 1607]]

    Departmental Management

    program administration

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

    office for civil rights

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

    office of inspector general

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

    General Provisions

    Sec. 301. No <>  funds
    appropriated in this Act may be used to prevent the implementation of
    programs of voluntary prayer and meditation in the public schools.

    (transfer of funds)

    Sec. 302.  Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this Act
    may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall not
    be used to create any new program or to fund any project or activity for
    which no funds are provided in this Act:  Provided further,
    That <>  the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

    Sec. 303. Funds <>  appropriated in this Act and
    consolidated for evaluation purposes under section 8601(c) of the ESEA
    shall be available from July 1, 2021, through September 30, 2022.

    Sec. 304. (a) An institution of higher education that maintains an
    endowment fund supported with funds appropriated for title III or V of
    the HEA for fiscal year 2021 may use the income from that fund to award
    scholarships to students, subject to the limitation in section
    331(c)(3)(B)(i) of the HEA. The use of such

    [[Page 1608]]

    income for such purposes, prior to the enactment of this Act, shall be
    considered to have been an allowable use of that income, subject to that
    limitation.
    (b) <>  Subsection (a) shall be in effect until
    titles III and V of the HEA are reauthorized.

    Sec. 305.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
    by striking ``2020'' and inserting ``2021''.
    Sec. 306.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
    in paragraph (4) by striking ``2020'' and inserting ``2021''.
    Sec. 307.  Funds appropriated in this Act under the heading
    ``Student Aid Administration'' may be available for payments for student
    loan servicing to an institution of higher education that services
    outstanding Federal Perkins Loans under part E of title IV of the Higher
    Education Act of 1965 (20 U.S.C. 1087aa et seq.).

    (rescission)

    Sec. 308.  Of the unobligated balances available under the heading
    ``Student Financial Assistance'' for carrying out subpart 1 of part A of
    title IV of the HEA, $500,000,000 are hereby rescinded.

    (rescission)

    Sec. 309.  Of the amounts appropriated under Section
    401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 U.S.C.
    1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, $28,000,000 are hereby
    rescinded.
    Sec. 310.  Of the amounts made available under this title under the
    heading ``Student Aid Administration'', $2,300,000 shall be used by the
    Secretary of Education to conduct outreach to borrowers of loans made
    under part D of title IV of the Higher Education Act of 1965 who may
    intend to qualify for loan cancellation under section 455(m) of such Act
    (20 U.S.C. 1087e(m)), to ensure that borrowers are meeting the terms and
    conditions of such loan cancellation:  Provided, That the Secretary
    shall specifically conduct outreach to assist borrowers who would
    qualify for loan cancellation under section 455(m) of such Act except
    that the borrower has made some, or all, of the 120 required payments
    under a repayment plan that is not described under section 455(m)(A) of
    such Act, to encourage borrowers to enroll in a qualifying repayment
    plan:  Provided further, That <>  the Secretary shall
    also communicate to all Direct Loan borrowers the full requirements of
    section 455(m) of such Act and improve the filing of employment
    certification by providing improved outreach and information such as
    outbound calls, electronic communications, ensuring prominent access to
    program requirements and benefits on each servicer's website, and
    creating an option for all borrowers to complete the entire payment
    certification process electronically and on a centralized website.

    Sec. 311.  For an additional amount for ``Department of Education--
    Federal Direct Student Loan Program Account'', $50,000,000, to remain
    available until expended, shall be for the cost, as defined under
    section 502 of the Congressional Budget Act of 1974, of the Secretary of
    Education providing loan cancellation in the same manner as under
    section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)),
    for borrowers of loans made under part D of title IV of such Act who
    would qualify

    [[Page 1609]]

    for loan cancellation under section 455(m) except some, or all, of the
    120 required payments under section 455(m)(1)(A) do not qualify for
    purposes of the program because they were monthly payments made in
    accordance with graduated or extended repayment plans as described under
    subparagraph (B) or (C) of section 455(d)(1) or the corresponding
    repayment plan for a consolidation loan made under section 455(g) and
    that were less than the amount calculated under section 455(d)(1)(A),
    based on a 10-year repayment period:  Provided, That <>  the monthly payment made 12 months before the borrower
    applied for loan cancellation as described in the matter preceding this
    proviso and the most recent monthly payment made by the borrower at the
    time of such application were each not less than the monthly amount that
    would be calculated under, and for which the borrower would otherwise
    qualify for, clause (i) or (iv) of section 455(m)(1)(A) regarding
    income-based or income-contingent repayment plans, with exception for a
    borrower who would have otherwise been eligible under this section but
    demonstrates an unusual fluctuation of income over the past 5 years:
    Provided further, That the total loan volume, including outstanding
    principal, fees, capitalized interest, or accrued interest, at
    application that is eligible for such loan cancellation by such
    borrowers shall not exceed $75,000,000:  Provided further,
    That <>  the Secretary shall develop and make available
    a simple method for borrowers to apply for loan cancellation under this
    section within 60 days of enactment of this Act:  Provided further, That
    the Secretary shall provide loan cancellation under this section to
    eligible borrowers on a first-come, first-serve basis, based on the date
    of application and subject to both the limitation on total loan volume
    at application for such loan cancellation specified in the second
    proviso and the availability of appropriations under this section:
    Provided further, That no borrower may, for the same service, receive a
    reduction of loan obligations under both this section and section 428J,
    428K, 428L, or 460 of such Act.
    Sec. 312.  None of the funds made available by this Act may be used
    in contravention of section 203 of the Department of Education
    Organization Act (20 U.S.C. 3413).

    (including transfer of funds)

    Sec. 313. <> There is hereby established in the
    Treasury of the United States a fund to be known as the ``Department of
    Education Nonrecurring Expenses Fund'' (the Fund):  Provided,
    That <>  unobligated balances of expired discretionary
    funds appropriated for this or any succeeding fiscal year from the
    General Fund of the Treasury to the Department of Education by this or
    any other Act may be transferred (not later than the end of the fifth
    fiscal year after the last fiscal year for which such funds are
    available for the purposes for which appropriated) into the Fund:
    Provided further, That <>  amounts deposited in the
    Fund shall be available until expended, and in addition to such other
    funds as may be available for such purposes, for information and
    business technology system modernization and facilities infrastructure
    improvements necessary for the operation of the Department, subject to
    approval by the Office of Management and Budget:  Provided further,
    That <>  amounts in the Fund may be
    obligated only after the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 30 days in advance
    of the specific information and

    [[Page 1610]]

    business technology system modernization project or facility
    infrastructure improvement obligations planned for such amounts.

    Sec. 314. (a) The General Education Provisions Act (20 U.S.C. 1221
    et seq.) <>  is amended by striking section 426.

    (b) Paragraph (9) of section 4407(a) of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 7231f(a)) is amended by striking
    ``notwithstanding section 426 of the General Education Provisions Act
    (20 U.S.C. 1228),''.
    Sec. 315.  Section 2101(b) of the Elementary and Secondary Education
    Act of 1965 (20 U.S.C. 6611(b)) is amended--(1) in paragraph (2)(A)(iv),
    by inserting ``through fiscal year 2022'' after ``fiscal year 2020'';
    and (2) in paragraph (3), by striking ``2021'' both places it appears
    and inserting ``2023'' in its place.

    rural and low-income school program adjustments

    Sec. 316. <> (a) Hold Harmless.--
    For the purpose of making awards under section 5221 of the Elementary
    and Secondary Education Act of 1965 (20 U.S.C. 7351) for a fiscal year
    during the period described in subsection (c), the Secretary of
    Education and each State educational agency shall treat as eligible to
    receive a grant under such section--
    (1) any local educational agency that meets the eligibility
    requirements described in section 5221(b)(1) of such Act for
    such fiscal year, in accordance with subsection (d); and
    (2) notwithstanding such section 5221(b)(1), any local
    educational agency that does not meet the eligibility
    requirements described in such section for such fiscal year if--
    (A) the local educational agency received a grant
    under section 5221 of such Act for fiscal year 2019;
    (B) for fiscal year 2019, less than 20 percent of
    the children ages 5 through 17 years served by the local
    educational agency were from families with incomes below
    the poverty line, as determined by data from the Small
    Area Income and Poverty Estimates of the Bureau of the
    Census;
    (C) the award for fiscal year 2019 was based on
    alternative poverty data submitted by the State to the
    Secretary despite data being available from the Small
    Area Income and Poverty Estimates of the Bureau of the
    Census; and
    (D) the local educational agency meets the
    eligibility criteria described in section
    5221(b)(1)(A)(ii) of such Act, or has obtained a waiver
    under section 5221(b)(2) of such Act, for the fiscal
    year for which the eligibility determination is being
    made.

    (b) Limitations.--
    (1) Limits on local educational agency awards.--For the
    purposes of making an award under section 5221(b) of the
    Elementary and Secondary Education Act of 1965 (20 U.S.C.
    7351(b)) to local educational agencies described in subsection
    (a)(2) for a fiscal year during the period described in
    subsection (c), a State educational agency shall provide an
    award to each such local educational agency for such fiscal year
    that is not larger than--
    (A) for fiscal year 2021, 100 percent of the amount
    such local educational agency received for fiscal year
    2019;

    [[Page 1611]]

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

    (c) <>  Applicability.--Subsections (a) and (b)
    shall be in effect during the period--
    (1) <>  beginning on the first day of
    the fiscal year in which this Act is enacted; and
    (2) <>  ending on the earlier of--
    (A) September 30, 2027; or
    (B) the last day of the fiscal year in which an Act
    that reauthorizes the rural and low-income school
    program under subpart 2 of part B of title V of the
    Elementary and Secondary Education Act of 1965 (20
    U.S.C. 7351 et seq.) is enacted.

    (d) <>  Use of Data Measures.--Except as
    provided in subsection (a)(2), for the purpose of making awards under
    section 5221 of the Elementary and Secondary Education Act of 1965 (20
    U.S.C. 7351) for any fiscal year--
    (1) if data are available from the Small Area Income and
    Poverty Estimates of the Bureau of the Census to determine a
    local educational agency's enrollment of children from families
    with incomes below the poverty line as described in section
    5221(b)(1)(A)(i) of such Act, the Secretary of Education and
    each State educational agency shall not use alternative poverty
    data in determining such local educational agency's eligibility
    under such section; and
    (2) if data are not available from the Small Area Income and
    Poverty Estimates of the Bureau of the Census to determine a
    local educational agency's enrollment of children from families
    with incomes below the poverty line as described in such section
    5221(b)(1)(A)(i), the Secretary and the State educational agency
    shall determine such local educational agency's eligibility
    under such section using the same State-derived poverty data
    used to determine local educational agency allocations under
    part A of title I of the Elementary and Secondary Education Act
    of 1965 (20 U.S.C. 6311 et seq.).

    [[Page 1612]]

    Sec. 317. (a) <>  In General.--For the
    purpose of carrying out section 435(a)(2) of the Higher Education Act of
    1965 (20 U.S.C. 1085(a)(2)), the Secretary of Education may waive the
    requirements under sections 435(a)(5)(A)(i) and 435(a)(5)(A)(ii) of such
    Act (20 U.S.C. 1085(a)(5)(A)(i) and 20 U.S.C. 1085(a)(5)(A)(ii)) for a
    private non-profit institution of higher education--(1) that is an
    Alaska Native-Serving Institution (as defined in section 317(A)(2) of
    such Act (20 U.S.C. 1059d)) and a Native American-Serving Non-Tribal
    Institution (as defined in section 319(b)(2) (20 U.S.C. 1059f)) whose
    fall enrollment for the most recently completed academic year was
    comprised of a majority of students who are Indian (as defined in such
    section) or Alaska Native (as defined in section 317(b) of such Act (20
    U.S.C. 1059d(b)) and who are eligible to receive the maximum award under
    the Pell Grant program; or (2) whose fall enrollment for the most
    recently completed academic year was comprised of a majority of the
    students who are African American (as defined in section 322(2) of such
    act (20 U.S.C. 1061(2)) and at least 50% or more received Federal Pell
    Grant Funds.

    (b) Applicability.--Subsection (a) shall apply to an institution of
    higher education that otherwise would be ineligible to participate in a
    program under part A of title IV of the Higher Education Act of 1965 on
    or after the date of enactment of this Act due to the application of
    section 435(a)(2) of the Higher Education Act of 1965 (20 U.S.C.
    1085(a)(2)).
    (c) <>  Coverage.--This section shall be in
    effect for the period covered by this Act and for the succeeding fiscal
    year.

    Sec. 318. <> Of the amounts made available under the
    heading ``Department of Education--Rehabilitation Services'' in title
    III of the Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Act, 2020 (division A of
    Public Law 116-94) that remain available subsequent to the reallotment
    of funds to States pursuant to section 110(b) of the Rehabilitation Act
    of 1973 (Public Law 93-112), $20,000,000 shall be available to the
    Secretary for one-time financial relief and restoration grants
    consistent with the purposes of the Randolph-Sheppard Act as authorized
    under section 10 of such Act (20 U.S.C. 107f):  Provided, That the
    Secretary shall use such funds to make grants to each State licensing
    agency in the same proportion as the number of blind vendors operating a
    vending facility in such State as compared to the number of blind
    vendors operating a vending facility in all the States on September 30,
    2019:  Provided further, That the State licensing agency shall use these
    grants to make financial relief and restoration payments to offset
    losses of blind vendors that occurred during calendar year 2020, but
    only to the extent that such losses are not otherwise compensated:
    Provided further, That any funds in excess of the amount needed for
    financial relief and restoration payments to blind vendors shall be used
    by the State licensing agency for other purposes authorized by section
    395.9 of title 34, Code of Federal Regulations, as in effect on the date
    of enactment of this Act, and determined through active participation
    with the State committee of blind vendors as required:  Provided
    further, That such funds shall remain available to the Secretary until
    September 30, 2021.

    This title may be cited as the ``Department of Education
    Appropriations Act, 2021''.

    [[Page 1613]]

    TITLE IV

    RELATED AGENCIES

    Committee for Purchase From People Who Are Blind or Severely Disabled

    salaries and expenses

    For expenses necessary for the Committee for Purchase From People
    Who Are Blind or Severely Disabled (referred to in this title as ``the
    Committee'') established under section 8502 of title 41, United States
    Code, $10,500,000:  Provided, That <>  in order to
    authorize any central nonprofit agency designated pursuant to section
    8503(c) of title 41, United States Code, to perform requirements of the
    Committee as prescribed under section 51-3.2 of title 41, Code of
    Federal Regulations, the Committee shall enter into a written agreement
    with any such central nonprofit agency:  Provided further, That such
    agreement shall contain such auditing, oversight, and reporting
    provisions as necessary to implement chapter 85 of title 41, United
    States Code:  Provided further, That such agreement shall include the
    elements listed under the heading ``Committee For Purchase From People
    Who Are Blind or Severely Disabled--Written Agreement Elements'' in the
    explanatory statement described in section 4 of Public Law 114-113 (in
    the matter preceding division A of that consolidated Act):  Provided
    further, That any such central nonprofit agency may not charge a fee
    under section 51-3.5 of title 41, Code of Federal Regulations, prior to
    executing a written agreement with the Committee:  Provided further,
    That no less than $2,500,000 shall be available for the Office of
    Inspector General.

    Corporation for National and Community Service

    operating expenses

    For necessary expenses for the Corporation for National and
    Community Service (referred to in this title as ``CNCS'') to carry out
    the Domestic Volunteer Service Act of 1973 (referred to in this title as
    ``1973 Act'') and the National and Community Service Act of 1990
    (referred to in this title as ``1990 Act''), $843,115,000,
    notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
    501(a)(4)(F) of the 1990 Act:  Provided, That of the amounts provided
    under this heading: (1) up to 1 percent of program grant funds may be
    used to defray the costs of conducting grant application reviews,
    including the use of outside peer reviewers and electronic management of
    the grants cycle; (2) $18,538,000 shall be available to provide
    assistance to State commissions on national and community service, under
    section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
    of the 1990 Act; (3) $33,500,000 shall be available to carry out
    subtitle E of the 1990 Act; and (4) $6,400,000 shall be available for
    expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
    notwithstanding the provisions of section 198P shall be awarded by CNCS
    on a competitive basis:  Provided further,
    That <>  for the purposes of carrying out the 1990
    Act, satisfying the requirements in section 122(c)(1)(D) may include a
    determination of need by the local community.

    [[Page 1614]]

    payment to the national service trust

    (including transfer of funds)

    For payment to the National Service Trust established under subtitle
    D of title I of the 1990 Act, $185,000,000, to remain available until
    expended:  Provided, That <>  CNCS may
    transfer additional funds from the amount provided within ``Operating
    Expenses'' allocated to grants under subtitle C of title I of the 1990
    Act to the National Service Trust upon determination that such transfer
    is necessary to support the activities of national service participants
    and after notice is transmitted to the Committees on Appropriations of
    the House of Representatives and the Senate:  Provided further, That
    amounts appropriated for or transferred to the National Service Trust
    may be invested under section 145(b) of the 1990 Act without regard to
    the requirement to apportion funds under 31 U.S.C. 1513(b).

    salaries and expenses

    For necessary expenses of administration as provided under section
    501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
    including payment of salaries, authorized travel, hire of passenger
    motor vehicles, the rental of conference rooms in the District of
    Columbia, the employment of experts and consultants authorized under 5
    U.S.C. 3109, and not to exceed $2,500 for official reception and
    representation expenses, $86,487,000.

    office of inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $6,500,000.

    administrative provisions

    Sec. 401. <> CNCS shall make any
    significant changes to program requirements, service delivery or policy
    only through public notice and comment rulemaking. For fiscal year 2021,
    during any grant selection process, an officer or employee of CNCS shall
    not knowingly disclose any covered grant selection information regarding
    such selection, directly or indirectly, to any person other than an
    officer or employee of CNCS that is authorized by CNCS to receive such
    information.

    Sec. 402. <> AmeriCorps programs receiving grants under the National Service
    Trust program shall meet an overall minimum share requirement of 24
    percent for the first 3 years that they receive AmeriCorps funding, and
    thereafter shall meet the overall minimum share requirement as provided
    in section 2521.60 of title 45, Code of Federal Regulations, without
    regard to the operating costs match requirement in section 121(e) or the
    member support Federal share limitations in section 140 of the 1990 Act,
    and subject to partial waiver consistent with section 2521.70 of title
    45, Code of Federal Regulations.

    Sec. 403. <> Donations made to CNCS under section
    196 of the 1990 Act for the purposes of financing programs and
    operations under titles I and II of the 1973 Act or subtitle B, C, D, or
    E of title I of the 1990 Act shall be used to supplement and not
    supplant current programs and operations.

    [[Page 1615]]

    Sec. 404.  In addition to the requirements in section 146(a) of the
    1990 Act, use of an educational award for the purpose described in
    section 148(a)(4) shall be limited to individuals who are veterans as
    defined under section 101 of the Act.
    Sec. 405.  For the purpose of carrying out section 189D of the 1990
    Act--
    (1) entities described in paragraph (a) of such section
    shall be considered ``qualified entities'' under section 3 of
    the National Child Protection Act of 1993 (``NCPA'');
    (2) individuals described in such section shall be
    considered ``volunteers'' under section 3 of NCPA; and
    (3) State Commissions on National and Community Service
    established pursuant to section 178 of the 1990 Act, are
    authorized to receive criminal history record information,
    consistent with Public Law 92-544.

    Sec. 406. <> Notwithstanding sections 139(b),
    146 and 147 of the 1990 Act, an individual who successfully completes a
    term of service of not less than 1,200 hours during a period of not more
    than one year may receive a national service education award having a
    value of 70 percent of the value of a national service education award
    determined under section 147(a) of the Act.

    Corporation for Public Broadcasting

    For payment to the Corporation for Public Broadcasting (``CPB''), as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2023, $475,000,000:  Provided, That none of the funds made available to
    CPB by this Act shall be used to pay for receptions, parties, or similar
    forms of entertainment for Government officials or employees:  Provided
    further, That <>  none of the funds made
    available to CPB by this Act shall be available or used to aid or
    support any program or activity from which any person is excluded, or is
    denied benefits, or is discriminated against, on the basis of race,
    color, national origin, religion, or sex:  Provided further,
    That <>  none of the funds made available to CPB
    by this Act shall be used to apply any political test or qualification
    in selecting, appointing, promoting, or taking any other personnel
    action with respect to officers, agents, and employees of CPB.

    In addition, for the costs associated with replacing and upgrading
    the public broadcasting interconnection system and other technologies
    and services that create infrastructure and efficiencies within the
    public media system, $20,000,000.

    Federal Mediation and Conciliation Service

    salaries and <> expenses

    For expenses necessary for the Federal Mediation and Conciliation
    Service (``Service'') to carry out the functions vested in it by the
    Labor-Management Relations Act, 1947, including hire of passenger motor
    vehicles; for expenses necessary for the Labor-Management Cooperation
    Act of 1978; and for expenses necessary for the Service to carry out the
    functions vested in it by the Civil Service Reform Act, $48,600,000,
    including up to $900,000 to remain available through September 30, 2022,
    for activities authorized by the Labor-Management Cooperation Act of
    1978:

    [[Page 1616]]

    Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up to
    full-cost recovery, for special training activities and other conflict
    resolution services and technical assistance, including those provided
    to foreign governments and international organizations, and for
    arbitration services shall be credited to and merged with this account,
    and shall remain available until expended:  Provided further, That fees
    for arbitration services shall be available only for education,
    training, and professional development of the agency workforce:
    Provided further, That the Director of the Service is authorized to
    accept and use on behalf of the United States gifts of services and
    real, personal, or other property in the aid of any projects or
    functions within the Director's jurisdiction.

    Federal Mine Safety and Health Review Commission

    salaries and expenses

    For expenses necessary for the Federal Mine Safety and Health Review
    Commission, $17,184,000.

    Institute of Museum and Library Services

    office of museum and library services: grants and administration

    For carrying out the Museum and Library Services Act of 1996 and the
    National Museum of African American History and Culture Act,
    $257,000,000.

    Medicaid and CHIP Payment and Access Commission

    salaries and expenses

    For expenses necessary to carry out section 1900 of the Social
    Security Act, $8,780,000.

    Medicare Payment Advisory Commission

    salaries and expenses

    For expenses necessary to carry out section 1805 of the Social
    Security Act, $12,905,000, to be transferred to this appropriation from
    the Federal Hospital Insurance Trust Fund and the Federal Supplementary
    Medical Insurance Trust Fund.

    National Council on Disability

    salaries and expenses

    For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, $3,350,000.

    National Labor Relations Board

    salaries and expenses

    For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management

    [[Page 1617]]

    Relations Act, 1947, and other laws, $274,224,000:  Provided, That no
    part of this appropriation shall be available to organize or assist in
    organizing agricultural laborers or used in connection with
    investigations, hearings, directives, or orders concerning bargaining
    units composed of agricultural laborers as referred to in section 2(3)
    of the Act of July 5, 1935, and as amended by the Labor-Management
    Relations Act, 1947, and as defined in section 3(f) of the Act of June
    25, 1938, and including in said definition employees engaged in the
    maintenance and operation of ditches, canals, reservoirs, and waterways
    when maintained or operated on a mutual, nonprofit basis and at least 95
    percent of the water stored or supplied thereby is used for farming
    purposes.

    administrative provisions

    Sec. 407.  None of the funds provided by this Act or previous Acts
    making appropriations for the National Labor Relations Board may be used
    to issue any new administrative directive or regulation that would
    provide employees any means of voting through any electronic means in an
    election to determine a representative for the purposes of collective
    bargaining.

    National Mediation Board

    salaries and expenses

    For expenses necessary to carry out the provisions of the Railway
    Labor Act, including emergency boards appointed by the President,
    $14,300,000.

    Occupational Safety and Health Review Commission

    salaries and expenses

    For expenses necessary for the Occupational Safety and Health Review
    Commission, $13,225,000.

    Railroad Retirement Board

    dual benefits payments account

    For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $13,000,000, which
    shall include amounts becoming available in fiscal year 2021 pursuant to
    section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
    not to exceed 2 percent of the amount provided herein, shall be
    available proportional to the amount by which the product of recipients
    and the average benefit received exceeds the amount available for
    payment of vested dual benefits:  Provided, That the total amount
    provided herein shall be credited in 12 approximately equal amounts on
    the first day of each month in the fiscal year.

    federal payments to the railroad retirement accounts

    For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2022, which shall be the maximum

    [[Page 1618]]

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

    limitation on administration

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

    limitation on the office of inspector general

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

    Social Security Administration

    payments to social security trust funds

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

    supplemental security income program

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

    [[Page 1619]]

    For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
    For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2022, $19,600,000,000, to
    remain available until expended.

    limitation on administrative expenses

    For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $20,000 for official reception and
    representation expenses, not more than $12,794,945,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to in such section:  Provided,
    That not less than $2,500,000 shall be for the Social Security Advisory
    Board:  Provided further, That $45,000,000 shall remain available until
    expended for information technology modernization, including related
    hardware and software infrastructure and equipment, and for
    administrative expenses directly associated with information technology
    modernization:  Provided further, That $50,000,000 shall remain
    available through September 30, 2022, for activities to address the
    disability hearings backlog within the Office of Hearings Operations:
    Provided further, That unobligated balances of funds provided under this
    paragraph at the end of fiscal year 2021 not needed for fiscal year 2021
    shall remain available until expended to invest in the Social Security
    Administration information technology and telecommunications hardware
    and software infrastructure, including related equipment and non-payroll
    administrative expenses associated solely with this information
    technology and telecommunications infrastructure:  Provided further,
    That <>  the Commissioner of Social Security shall
    notify the Committees on Appropriations of the House of Representatives
    and the Senate prior to making unobligated balances available under the
    authority in the previous proviso:  Provided further,
    That <>  reimbursement to the trust funds under
    this heading for expenditures for official time for employees of the
    Social Security Administration pursuant to 5 U.S.C. 7131, and for
    facilities or support services for labor organizations pursuant to
    policies, regulations, or procedures referred to in section 7135(b) of
    such title shall be made by the Secretary of the Treasury, with
    interest, from amounts in the general fund not otherwise appropriated,
    as soon as possible after such expenditures are made.

    Of <>  the total amount made
    available in the first paragraph under this heading, not more than
    $1,575,000,000, to remain available through March 31, 2022, is for the
    costs associated with continuing disability reviews under titles II and
    XVI of the Social Security Act, including work-related continuing
    disability reviews to determine whether earnings derived from services
    demonstrate an individual's ability to engage in substantial gainful
    activity, for the cost associated with conducting redeterminations of
    eligibility under title XVI of the Social Security Act, for the cost of
    co-operative disability investigation units, and for the cost associated
    with the prosecution of fraud in the programs and operations of the
    Social Security Administration by Special Assistant United States
    Attorneys:  Provided, That, of such amount, $273,000,000 is provided to
    meet the terms of section 251(b)(2)(B)(ii)(III) of the

    [[Page 1620]]

    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    and $1,302,000,000 is additional new budget authority specified for
    purposes of section 251(b)(2)(B) of such Act:  Provided further,
    That, <>  of the additional new budget
    authority described in the preceding proviso, up to $11,200,000 may be
    transferred to the ``Office of Inspector General'', Social Security
    Administration, for the cost of jointly operated co-operative disability
    investigation units:  Provided further, That such transfer authority is
    in addition to any other transfer authority provided by law:  Provided
    further, That <>  the Commissioner shall provide to the
    Congress (at the conclusion of the fiscal year) a report on the
    obligation and expenditure of these funds, similar to the reports that
    were required by section 103(d)(2) of Public Law 104-121 for fiscal
    years 1996 through 2002.

    In addition, $135,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended:  Provided, That to
    the extent that the amounts collected pursuant to such sections in
    fiscal year 2021 exceed $135,000,000, the amounts shall be available in
    fiscal year 2022 only to the extent provided in advance in
    appropriations Acts.
    In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act, which
    shall remain available until expended.

    office of inspector general

    (including transfer of funds)

    For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $30,000,000, together with not to exceed $75,500,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund.
    In addition, an amount not to exceed 3 percent of the total provided
    in this appropriation may be transferred from the ``Limitation on
    Administrative Expenses'', Social Security Administration, to be merged
    with this account, to be available for the time and purposes for which
    this account is available:  Provided, That <>  notice of such transfers shall be transmitted promptly to the
    Committees on Appropriations of the House of Representatives and the
    Senate at least 15 days in advance of any transfer.

    TITLE V

    GENERAL PROVISIONS

    (transfer of funds)

    Sec. 501.  The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.

    [[Page 1621]]

    Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 503. <> (a) No part of any
    appropriation contained in this Act or transferred pursuant to section
    4002 of Public Law 111-148 shall be used, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, for the preparation, distribution, or use of any
    kit, pamphlet, booklet, publication, electronic communication, radio,
    television, or video presentation designed to support or defeat the
    enactment of legislation before the Congress or any State or local
    legislature or legislative body, except in presentation to the Congress
    or any State or local legislature itself, or designed to support or
    defeat any proposed or pending regulation, administrative action, or
    order issued by the executive branch of any State or local government,
    except in presentation to the executive branch of any State or local
    government itself.

    (b) No part of any appropriation contained in this Act or
    transferred pursuant to section 4002 of Public Law 111-148 shall be used
    to pay the salary or expenses of any grant or contract recipient, or
    agent acting for such recipient, related to any activity designed to
    influence the enactment of legislation, appropriations, regulation,
    administrative action, or Executive order proposed or pending before the
    Congress or any State government, State legislature or local legislature
    or legislative body, other than for normal and recognized executive-
    legislative relationships or participation by an agency or officer of a
    State, local or tribal government in policymaking and administrative
    processes within the executive branch of that government.
    (c) <>  The prohibitions in subsections (a) and
    (b) shall include any activity to advocate or promote any proposed,
    pending or future Federal, State or local tax increase, or any proposed,
    pending, or future requirement or restriction on any legal consumer
    product, including its sale or marketing, including but not limited to
    the advocacy or promotion of gun control.

    Sec. 504.  The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Federal Mediation and
    Conciliation Service, Salaries and Expenses''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``National Mediation Board, Salaries and Expenses''.
    Sec. 505.  When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
    (1) the percentage of the total costs of the program or
    project which will be financed with Federal money;
    (2) the dollar amount of Federal funds for the project or
    program; and

    [[Page 1622]]

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

    Sec. 506. <> (a) None of the funds appropriated in
    this Act, and none of the funds in any trust fund to which funds are
    appropriated in this Act, shall be expended for any abortion.

    (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
    (c) <> The term ``health benefits coverage''
    means the package of services covered by a managed care provider or
    organization pursuant to a contract or other arrangement.

    Sec. 507. <> (a) The limitations established in the
    preceding section shall not apply to an abortion--
    (1) if the pregnancy is the result of an act of rape or
    incest; or
    (2) in the case where a woman suffers from a physical
    disorder, physical injury, or physical illness, including a
    life-endangering physical condition caused by or arising from
    the pregnancy itself, that would, as certified by a physician,
    place the woman in danger of death unless an abortion is
    performed.

    (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
    (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
    (d)(1) <> None of the funds made available in
    this Act may be made available to a Federal agency or program, or to a
    State or local government, if such agency, program, or government
    subjects any institutional or individual health care entity to
    discrimination on the basis that the health care entity does not
    provide, pay for, provide coverage of, or refer for abortions.
    (2) <> In this subsection, the term
    ``health care entity'' includes an individual physician or other
    health care professional, a hospital, a provider-sponsored
    organization, a health maintenance organization, a health
    insurance plan, or any other kind of health care facility,
    organization, or plan.

    Sec. 508. <> (a) None of the funds made
    available in this Act may be used for--
    (1) the creation of a human embryo or embryos for research
    purposes; or
    (2) research in which a human embryo or embryos are
    destroyed, discarded, or knowingly subjected to risk of injury
    or death greater than that allowed for research on fetuses in
    utero under 45 CFR 46.204(b) and section 498(b) of the Public
    Health Service Act (42 U.S.C. 289g(b)).

    (b) <> For purposes of this section, the term
    ``human embryo or embryos'' includes any organism, not protected as a
    human subject under 45 CFR 46 as of the date of the enactment of this
    Act, that is derived by fertilization, parthenogenesis, cloning, or

    [[Page 1623]]

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

    Sec. 509. <> (a) None of the funds made
    available in this Act may be used for any activity that promotes the
    legalization of any drug or other substance included in schedule I of
    the schedules of controlled substances established under section 202 of
    the Controlled Substances Act except for normal and recognized
    executive-congressional communications.

    (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.
    Sec. 510.  <> None of the funds made
    available in this Act may be used to promulgate or adopt any final
    standard under section 1173(b) of the Social Security Act providing for,
    or providing for the assignment of, a unique health identifier for an
    individual (except in an individual's capacity as an employer or a
    health care provider), until legislation is enacted specifically
    approving the standard.

    Sec. 511.  <> None of the funds made
    available in this Act may be obligated or expended to enter into or
    renew a contract with an entity if--
    (1) such entity is otherwise a contractor with the United
    States and is subject to the requirement in 38 U.S.C. 4212(d)
    regarding submission of an annual report to the Secretary of
    Labor concerning employment of certain veterans; and
    (2) such entity has not submitted a report as required by
    that section for the most recent year for which such requirement
    was applicable to such entity.

    Sec. 512.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
    Sec. 513.  <> None of the funds made
    available by this Act to carry out the Library Services and Technology
    Act may be made available to any library covered by paragraph (1) of
    section 224(f) of such Act, as amended by the Children's Internet
    Protection Act, unless such library has made the certifications required
    by paragraph (4) of such section.

    Sec. 514. <> (a)
    None of the funds provided under this Act, or provided under previous
    appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in fiscal year 2021, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agencies funded by this Act, shall
    be available for obligation or expenditure through a reprogramming of
    funds that--
    (1) creates new programs;
    (2) eliminates a program, project, or activity;
    (3) increases funds or personnel by any means for any
    project or activity for which funds have been denied or
    restricted;
    (4) relocates an office or employees;
    (5) reorganizes or renames offices;
    (6) reorganizes programs or activities; or

    [[Page 1624]]

    (7) contracts out or privatizes any functions or activities
    presently performed by Federal employees;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are consulted 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier, and are notified in writing 10 days in advance of such
    reprogramming.
    (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2021, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
    (1) augments existing programs, projects (including
    construction projects), or activities;
    (2) reduces by 10 percent funding for any existing program,
    project, or activity, or numbers of personnel by 10 percent as
    approved by Congress; or
    (3) results from any general savings from a reduction in
    personnel which would result in a change in existing programs,
    activities, or projects as approved by Congress;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are consulted 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier, and are notified in writing 10 days in advance of such
    reprogramming.
    Sec. 515. <> (a) None of the funds
    made available in this Act may be used to request that a candidate for
    appointment to a Federal scientific advisory committee disclose the
    political affiliation or voting history of the candidate or the position
    that the candidate holds with respect to political issues not directly
    related to and necessary for the work of the committee involved.

    (b) None of the funds made available in this Act may be used to
    disseminate information that is deliberately false or misleading.
    Sec. 516.  <> Within 45 days of
    enactment of this Act, each department and related agency funded through
    this Act shall submit an operating plan that details at the program,
    project, and activity level any funding allocations for fiscal year 2021
    that are different than those specified in this Act, the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), or the fiscal year 2021 budget request.

    Sec. 517.  <> The Secretaries of
    Labor, Health and Human Services, and Education shall each prepare and
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report on the number and amount of
    contracts, grants, and cooperative agreements exceeding $500,000,
    individually or in total for a particular project, activity, or
    programmatic initiative, in value and awarded by the Department on a
    non-competitive basis during each quarter of fiscal year 2021, but not
    to include grants awarded on a formula basis or directed by law. Such
    report shall include the name of the contractor or grantee, the amount
    of funding, the governmental purpose, including a justification for
    issuing the award on a non-competitive basis. Such report shall

    [[Page 1625]]

    be transmitted to the Committees within 30 days after the end of the
    quarter for which the report is submitted.

    Sec. 518.  None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process any claim for credit for a
    quarter of coverage based on work performed under a social security
    account number that is not the claimant's number and the performance of
    such work under such number has formed the basis for a conviction of the
    claimant of a violation of section 208(a)(6) or (7) of the Social
    Security Act.
    Sec. 519.  <> None of the funds appropriated by this
    Act may be used by the Commissioner of Social Security or the Social
    Security Administration to pay the compensation of employees of the
    Social Security Administration to administer Social Security benefit
    payments, under any agreement between the United States and Mexico
    establishing totalization arrangements between the social security
    system established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.

    Sec. 520. (a) <> None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 521.  <> None of the funds made available under
    this or any other Act, or any prior Appropriations Act, may be provided
    to the Association of Community Organizations for Reform Now (ACORN), or
    any of its affiliates, subsidiaries, allied organizations, or
    successors.

    Sec. 522.  For purposes of carrying out Executive Order 13589,
    Office of Management and Budget Memorandum M-12-12 dated May 11, 2012,
    and requirements contained in the annual appropriations bills relating
    to conference attendance and expenditures:
    (1) the operating divisions of HHS shall be considered
    independent agencies; and
    (2) attendance at and support for scientific conferences
    shall be tabulated separately from and not included in agency
    totals.

    Sec. 523.  Federal agencies funded under this Act shall clearly
    state within the text, audio, or video used for advertising or
    educational purposes, including emails or Internet postings, that the
    communication is printed, published, or produced and disseminated at
    U.S. taxpayer expense. The funds used by a Federal agency to carry out
    this requirement shall be derived from amounts made available to the
    agency for advertising or other communications regarding the programs
    and activities of the agency.
    Sec. 524. (a) Federal agencies may use Federal discretionary funds
    that are made available in this Act to carry out up to 10 Performance
    Partnership Pilots. Such Pilots shall be governed by the provisions of
    section 526 of division H of Public Law 113-76, except that in carrying
    out such Pilots section 526 shall be applied by substituting ``Fiscal
    Year 2021'' for ``Fiscal Year 2014'' in the title of subsection (b) and
    by substituting ``September 30,

    [[Page 1626]]

    2025'' for ``September 30, 2018'' each place it appears:  Provided, That
    such pilots shall include communities that have experienced civil
    unrest.
    (b) In addition, Federal agencies may use Federal discretionary
    funds that are made available in this Act to participate in Performance
    Partnership Pilots that are being carried out pursuant to the authority
    provided by section 526 of division H of Public Law 113-76, section 524
    of division G of Public Law 113-235, section 525 of division H of Public
    Law 114-113, section 525 of division H of Public Law 115-31, section 525
    of division H of Public Law 115-141, and section 524 of division A of
    Public Law 116-94.
    (c) <> Pilot sites selected under authorities in
    this Act and prior appropriations Acts may be granted by relevant
    agencies up to an additional 5 years to operate under such authorities.

    Sec. 525.  <> Not later than 30
    days after the end of each calendar quarter, beginning with the first
    month of fiscal year 2021 the Departments of Labor, Health and Human
    Services and Education and the Social Security Administration shall
    provide the Committees on Appropriations of the House of Representatives
    and Senate a report on the status of balances of appropriations:
    Provided, That for balances that are unobligated and uncommitted,
    committed, and obligated but unexpended, the monthly reports shall
    separately identify the amounts attributable to each source year of
    appropriation (beginning with fiscal year 2012, or, to the extent
    feasible, earlier fiscal years) from which balances were derived.

    Sec. 526.  <> The
    Departments of Labor, Health and Human Services, or Education shall
    provide to the Committees on Appropriations of the House of
    Representatives and the Senate a comprehensive list of any new or
    competitive grant award notifications, including supplements, issued at
    the discretion of such Departments not less than 3 full business days
    before any entity selected to receive a grant award is announced by the
    Department or its offices (other than emergency response grants at any
    time of the year or for grant awards made during the last 10 business
    days of the fiscal year, or if applicable, of the program year).

    Sec. 527.  <> Notwithstanding
    any other provision of this Act, no funds appropriated in this Act shall
    be used to purchase sterile needles or syringes for the hypodermic
    injection of any illegal drug:  Provided,
    That <>  such limitation does
    not apply to the use of funds for elements of a program other than
    making such purchases if the relevant State or local health department,
    in consultation with the Centers for Disease Control and Prevention,
    determines that the State or local jurisdiction, as applicable, is
    experiencing, or is at risk for, a significant increase in hepatitis
    infections or an HIV outbreak due to injection drug use, and such
    program is operating in accordance with State and local law.

    Sec. 528.  <> Each department and related agency
    funded through this Act shall provide answers to questions submitted for
    the record by members of the Committee within 45 business days after
    receipt.

    (rescission)

    Sec. 529.  Of the unobligated balances made available by section
    301(b)(3) of Public Law 114-10, $2,000,000,000 are hereby rescinded.

    [[Page 1627]]

    (rescission)

    Sec. 530.  Of any available amounts appropriated under section
    2104(a)(24) of the Social Security Act (42 U.S.C. 1397dd) that are
    unobligated as of September 25, 2021, $1,000,000,000 are hereby
    rescinded as of such date.
    Sec. 531.  Of the unobligated balances made available for purposes
    of carrying out section 2105(a)(3) of the Social Security Act,
    $4,000,000,000 shall not be available for obligation in this fiscal
    year.
    Sec. 532.  Of amounts deposited in the Child Enrollment Contingency
    Fund under section 2104(n)(2) of the Social Security Act and the income
    derived from investment of those funds pursuant to section 2104(n)(2)(C)
    of that Act, $14,000,000,000 shall not be available for obligation in
    this fiscal year.
    Sec. 533.  For an additional amount for ``Department of Health and
    Human Services--Administration for Children and Families--Children and
    Families Services Programs'', $638,000,000, to prevent, prepare for, and
    respond to coronavirus, for necessary expenses for grants to carry out a
    Low-Income Household Drinking Water and Wastewater Emergency Assistance
    Program:  Provided, That <>  the Secretary of
    Health and Human Services shall make grants to States and Indian Tribes
    to assist low-income households, particularly those with the lowest
    incomes, that pay a high proportion of household income for drinking
    water and wastewater services, by providing funds to owners or operators
    of public water systems or treatment works to reduce arrearages of and
    rates charged to such households for such services:  Provided further,
    That in carrying out this appropriation, the Secretary, States, and
    Indian Tribes, as applicable, shall, as appropriate and to the extent
    practicable, use existing processes, procedures, policies, and systems
    in place to provide assistance to low-income households, including by
    using existing programs and program announcements, application and
    approval processes:  Provided further, That <>  the
    Secretary shall allot amounts appropriated in this section to a State or
    Indian Tribe based on the following (i) the percentage of households in
    the State, or under the jurisdiction of the Indian Tribe, with income
    equal to or less than 150 percent of the Federal poverty line, and (ii)
    the percentage of such households in the State, or under the
    jurisdiction of the Indian Tribe, that spend more than 30 percent of
    monthly income on housing:  Provided further, That up to 3 percent of
    the amount appropriated in this section shall be reserved for Indian
    Tribes and tribal organizations:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    This division may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    2021''.

    [[Page 1628]]

    DIVISION <> I--
    LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

    TITLE <> I

    LEGISLATIVE BRANCH

    SENATE

    Expense Allowances

    For expense allowances of the Vice President, $18,760; the President
    Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
    $39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
    Senate, $9,980; Minority Whip of the Senate, $9,980; President Pro
    Tempore Emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $4,690 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $4,690 for each Chairman; in
    all, $189,840.
    For representation allowances of the Majority and Minority Leaders
    of the Senate, $14,070 for each such Leader; in all, $28,140.

    Salaries, Officers and Employees

    For compensation of officers, employees, and others as authorized by
    law, including agency contributions, $222,727,000, which shall be paid
    from this appropriation as follows:

    office of the vice president

    For the Office of the Vice President, $2,533,000.

    office of the president pro tempore

    For the Office of the President Pro Tempore, $759,000.

    office of the president pro tempore emeritus

    For the Office of the President Pro Tempore Emeritus, $326,000.

    offices of the majority and minority leaders

    For Offices of the Majority and Minority Leaders, $5,506,000.

    offices of the majority and minority whips

    For Offices of the Majority and Minority Whips, $3,525,000.

    committee on appropriations

    For salaries of the Committee on Appropriations, $16,143,000.

    conference committees

    For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,738,000 for each such committee; in all, $3,476,000.

    [[Page 1629]]

    offices of the secretaries of the conference of the majority and the
    conference of the minority

    For Offices of the Secretaries of the Conference of the Majority and
    the Conference of the Minority, $862,000.

    policy committees

    For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,776,000 for each such committee; in all,
    $3,552,000.

    office of the chaplain

    For Office of the Chaplain, $510,000.

    office of the secretary

    For Office of the Secretary, $26,818,000.

    office of the sergeant at arms and doorkeeper

    For Office of the Sergeant at Arms and Doorkeeper, $88,879,000.

    offices of the secretaries for the majority and minority

    For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,940,000.

    agency contributions and related expenses

    For agency contributions for employee benefits, as authorized by
    law, and related expenses, $67,898,000.

    Office of the Legislative Counsel of the Senate

    For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $6,681,000.

    Office of Senate Legal Counsel

    For salaries and expenses of the Office of Senate Legal Counsel,
    $1,197,000.

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
    of the Senate

    For expense allowances of the Secretary of the Senate, $7,110;
    Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
    Majority of the Senate, $7,110; Secretary for the Minority of the
    Senate, $7,110; in all, $28,440.

    Contingent Expenses of the Senate

    inquiries and investigations

    For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the

    [[Page 1630]]

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

    u.s. senate caucus on international narcotics control

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

    secretary of the senate

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

    sergeant at arms and doorkeeper of the senate

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

    miscellaneous items

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

    senators' official personnel and office expense account

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

    official mail costs

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

    Administrative Provisions

    (Including Rescission of Funds)

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

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

    [[Page 1631]]

    the end of the period of availability shall be returned to the Treasury
    in accordance with the undesignated paragraph under the center heading
    ``GENERAL PROVISION'' under chapter XI of the Third Supplemental
    Appropriation Act, 1957 (2 U.S.C. 4107) and used for deficit reduction
    (or, if there is no Federal budget deficit after all such payments have
    been made, for reducing the Federal debt, in such manner as the
    Secretary of the Treasury considers appropriate).

    rescission

    Sec. 102.  Of the unobligated balances made available under the
    heading ``Senate--Contingent Expenses of the Senate--Settlements and
    Awards Reserve'' in the Legislative Branch Appropriations Act, 1996
    (Public Law 104-53), $1,000,000 are hereby permanently rescinded.

    extension of authority

    Sec. 103.  Section 21(d) of Senate Resolution 64 of the One Hundred
    Thirteenth Congress, 1st session (agreed to on March 5, 2013), as most
    recently amended by section 103 of the Legislative Branch Appropriations
    Act, 2019 (division B of Public Law 115-244), is further amended by
    striking ``December 31, 2020'' and inserting ``December 31, 2022''.

    senate democratic leadership offices funding and authorities

    Sec. 104. <> (a) In this
    section--
    (1) the term ``applicable conference'' means the majority or
    minority conference of the Senate, as applicable, that
    represents the Democratic party;
    (2) the term ``covered Congress'' means the 117th Congress;
    and
    (3) the term ``covered period'' means the period beginning
    on the date on which the Secretary of the applicable conference
    submits the letter described in subsection (b) and ending on
    January 3, 2023.

    (b) <> The Secretary of the applicable
    conference may, by submission of a letter to the Disbursing Office of
    the Senate on or after January 3, 2021, assign to the Assistant Leader
    of the applicable conference the following duties and authorities for
    the duration of the covered Congress:
    (1) The authority over any amounts made available for the
    Office of the Secretary of the applicable conference.
    (2) The duties and authorities of the Secretary of the
    applicable conference under section 3 of title I of division H
    of the Consolidated Appropriations Act, 2008 (2 U.S.C. 6154),
    section 102 of chapter VIII of title I of the Supplemental
    Appropriations Act, 1979 (2 U.S.C. 6156), or any other provision
    of law.

    (c) For purposes of any individual employed by the Office of the
    Assistant Leader of the applicable conference during the covered
    period--
    (1) any reference to the Office of the Secretary of the
    applicable conference in the last sentence of section 506(e) of
    the Supplemental Appropriations Act, 1973 (2 U.S.C. 6314(e))

    [[Page 1632]]

    shall be deemed to refer to the Office of the Assistant Leader
    of the applicable conference;
    (2) any reference to the Office of the Secretary of the
    applicable conference under subsection (b) of the first section
    of S. Res. 458 (98th Congress) shall be deemed to refer to the
    Office of the Assistant Leader of the applicable conference; and
    (3) any reference to the Secretary of the applicable
    conference under section 207(e)(9)(M) of title 18, United States
    Code, shall be deemed to refer to the Assistant Leader of the
    applicable conference.

    (d) For purposes of any individual employed by the Office of the
    Assistant Leader of the applicable conference during the covered period
    and with respect to any practice that occurs during the covered period,
    any reference to the Office of the Secretary of the applicable
    conference under section 220(e)(2)(C) of the Congressional
    Accountability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) shall be deemed to
    be a reference to the Office of the Assistant Leader of the applicable
    conference.
    (e) Nothing in this section shall be construed to have any effect on
    the continuation of any procedure or action initiated under the
    Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) or
    section 207 of title 18, United States Code.

    student loan cap adjustment

    Sec. 105. (a) Section 102 of the Legislative Branch Appropriations
    Act, 2002 (2 U.S.C. 4579) is amended--
    (1) in subsection (c)(2)(A)--
    (A) in clause (i), by striking `` $500'' and
    inserting `` $833''; and
    (B) in clause (ii), by striking `` $40,000'' and
    inserting `` $80,000''; and
    (2) in subsection (h)(1), by striking ``2 percent'' each
    place it appears and inserting ``2.5 percent''.

    (b) <> The amendments made by subsection (a)
    shall take effect on March 1, 2021.

    HOUSE OF REPRESENTATIVES

    Salaries and Expenses

    For salaries and expenses of the House of Representatives,
    $1,480,819,000, as follows:

    House Leadership Offices

    For salaries and expenses, as authorized by law, $28,884,000,
    including: Office of the Speaker, $8,295,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,947,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $8,295,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $2,448,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip, $2,219,000,
    including $5,000 for official expenses

    [[Page 1633]]

    of the Minority Whip; Republican Conference, $2,340,000; Democratic
    Caucus, $2,340,000:  Provided, That such amount for salaries and
    expenses shall remain available from January 3, 2021 until January 2,
    2022.

    Members' Representational Allowances

    including members' clerk hire, official expenses of members, and
    official mail

    For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $640,000,000.

    Allowance for Compensation of Interns in Member Offices

    For the allowance established under section 120 of the Legislative
    Branch Appropriations Act, 2019 (2 U.S.C. 5322a) for the compensation of
    interns who serve in the offices of Members of the House of
    Representatives, $11,025,000, to remain available through January 2,
    2022:  Provided, That notwithstanding section 120(b) of such Act, an
    office of a Member of the House of Representatives may use not more than
    $25,000 of the allowance available under this heading during calendar
    year 2021.

    Allowance for Compensation of Interns in House Leadership Offices

    For the allowance established under section 113 of the Legislative
    Branch Appropriations Act, 2020 (2 U.S.C. 5106) for the compensation of
    interns who serve in House leadership offices, $365,000, to remain
    available through January 2, 2022:  Provided, That of the amount
    provided under this heading, $200,000 shall be available for the
    compensation of interns who serve in House leadership offices of the
    majority, to be allocated among such offices by the Speaker of the House
    of Representatives, and $165,000 shall be available for the compensation
    of interns who serve in House leadership offices of the minority, to be
    allocated among such offices by the Minority Floor Leader.

    Committee Employees

    Standing Committees, Special and Select

    For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $138,100,000:  Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2022, except that $3,100,000 of such amount shall remain
    available until expended for committee room upgrading.

    Committee on Appropriations

    For salaries and expenses of the Committee on Appropriations,
    $24,725,000, including studies and examinations of executive agencies
    and temporary personal services for such committee, to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed:  Provided, That such amount

    [[Page 1634]]

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

    Salaries, Officers and Employees

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

    Allowances and Expenses

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

    [[Page 1635]]

    House of Representatives Modernization Initiatives Account

    (including transfer of funds)

    For the House of Representatives Modernization Initiatives Account
    established in section 115, $2,000,000, to remain available until
    expended:  Provided, That <>  disbursement from this
    account is subject to approval of the Committee on Appropriations of the
    House of Representatives:  Provided further, That funds provided in this
    account shall only be used for initiatives recommended by the Select
    Committee on Modernization or approved by the Committee on House
    Administration.

    Administrative Provisions

    requiring amounts remaining in members' representational allowances to
    be used for deficit reduction or to reduce the federal debt

    Sec. 110. (a) Notwithstanding any other provision of law, any
    amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--members' representational allowances'' shall be
    available only for fiscal year 2021. Any amount remaining after all
    payments are made under such allowances for fiscal year 2021 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).
    (b) <> The Committee on House Administration of
    the House of Representatives shall have authority to prescribe
    regulations to carry out this section.

    (c) <> As used in this section, the term ``Member
    of the House of Representatives'' means a Representative in, or a
    Delegate or Resident Commissioner to, the Congress.

    limitation on amount available to lease vehicles

    Sec. 111.  None of the funds made available in this Act may be used
    by the Chief Administrative Officer of the House of Representatives to
    make any payments from any Members' Representational Allowance for the
    leasing of a vehicle, excluding mobile district offices, in an aggregate
    amount that exceeds $1,000 for the vehicle in any month.

    cybersecurity assistance for house of representatives

    Sec. 112.  The head of any Federal entity that provides assistance
    to the House of Representatives in the House's efforts to deter,
    prevent, mitigate, or remediate cybersecurity risks to, and incidents
    involving, the information systems of the House shall take all necessary
    steps to ensure the constitutional integrity of the separate branches of
    the government at all stages of providing the assistance, including
    applying minimization procedures to limit the spread or sharing of
    privileged House and Member information.

    [[Page 1636]]

    rescissions of funds

    Sec. 113. (a) Of the unobligated balances available from prior
    appropriations Acts from the revolving fund established under House
    Resolution 64, Ninety Eighth Congress, agreed to February 8, 1983, as
    enacted into permanent law by section 110 of the Congressional
    Operations Appropriation Act, 1984 (2 U.S.C. 4917), $212,976 is hereby
    rescinded.
    (b) Of the unobligated balances available from prior appropriations
    Acts from the revolving fund established in the item relating to
    ``Stationery'' under the heading ``House of Representatives, Contingent
    Expenses of the House'' in the first section of the Legislative Branch
    Appropriation Act, 1948 (2 U.S.C. 5534), $1,000,000 is hereby rescinded.
    (c) Of the unobligated balances available from prior appropriations
    Acts from the Net Expenses of Telecommunications Revolving Fund under
    section 102 of the Legislative Branch Appropriations Act, 2005 (2 U.S.C.
    5538), $3,000,000 is hereby rescinded.

    student loan cap adjustment

    Sec. 114. (a) Increase in Lifetime Limit.--Section 105 of the
    Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) is amended--
    (1) by redesignating subsections (b) and (c) as subsections
    (c) and (d); and
    (2) by inserting after subsection (a) the following new
    subsection:

    ``(b) Lifetime Limit on Aggregate Payments Made on Behalf of Any
    Individual.--The aggregate amount of payments made on behalf of any
    individual under the program under this section by all employing offices
    of the House of Representatives may not exceed $80,000.''.
    (b) Effective Date; Transition.--
    (1) <>  Effective date.--The
    amendment made by subsection (a) shall apply with respect to
    fiscal year 2021 and each succeeding fiscal year.
    (2) Permitting additional payments on behalf of individuals
    whose payments reached <> prior limit.--In promulgating regulations to carry out
    the amendment made by subsection (a), the Committee on House
    Administration of the House of Representatives shall include
    regulations to permit payments to be made under the program
    under section 105 of the Legislative Branch Appropriations Act,
    2003 (2 U.S.C. 4536) on behalf of an individual who--
    (A) is an employee of an employing office of the
    House during fiscal year 2021 or any succeeding fiscal
    year;
    (B) prior to fiscal year 2021, had payments made on
    the individual's behalf under the program under such
    section; and
    (C) prior to fiscal year 2021, became ineligible to
    have payments made on the individual's behalf under the
    program because the aggregate amount of the payments
    made on the individual's behalf under the program
    reached the limit on such aggregate amount which (under
    regulations promulgated by the Committee) was in effect
    prior to fiscal year 2021.

    [[Page 1637]]

    house of representatives modernization initiatives account

    Sec. 115. <> (a) Establishment.--There is hereby
    established in the Treasury of the United States an account for the
    House of Representatives to be known as the ``House of Representatives
    Modernization Initiatives Account'' (hereafter in this section referred
    to as the ``Account'').

    (b) Use of Funds.--Funds in the Account shall be used by the House
    of Representatives to carry out initiatives to modernize the operations
    of the House, including initiatives to promote administrative
    efficiencies and expand the use of innovative technologies in offices of
    the House.
    (c) Continuing Availability of Funds.--Funds in the Account are
    available without fiscal year limitation.
    (d) Authorizing Transfers of Funds Among Other House Accounts.--
    Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 (2
    U.S.C. 5507(c)(2)) is amended by striking ``, and `Allowance for
    Compensation of Interns in House Leadership Offices'.'' and inserting ``
    `Allowance for Compensation of Interns in House Leadership Offices', and
    `House of Representatives Modernization Initiatives Account'.''.
    (e) Effective Date.--This section and the amendments made by this
    section shall apply with respect to fiscal year 2021 and each succeeding
    fiscal year.

    congressional mailing standards

    Sec. 116. <> (a) Short Title.--This section may be cited as
    the ``Communications Outreach Media and Mail Standards Act'' or the
    ``COMMS Act''.

    (b) Renaming House Commission on Congressional Mailing Standards.--
    (1) In general.--Section 5(a) of the Act entitled ``An Act
    to amend title 39, United States Code, to clarify the proper use
    of the franking privilege by Members of Congress, and for other
    purposes'', approved December 18, 1973 (2 U.S.C. 501(a)), is
    amended by striking ``House Commission on Congressional Mailing
    Standards'' and inserting ``House Communications Standards
    Commission''.
    (2) Conforming amendments.--
    (A) Title 39.--Title 39, United States Code, is
    amended by striking ``House Commission on Congressional
    Mailing Standards'' and inserting ``House Communications
    Standards Commission'' each place it appears in the
    following sections:
    (i) Section 3210(a)(5), (a)(6)(D), (b)(3),
    (d)(5), and (d)(6)(A).
    (ii) Section 3216(e)(1) and (e)(2).
    (iii) Section 3220(b).
    (B) Other provisions.--Section 311 of the
    Legislative Branch Appropriations Act, 1991 (2 U.S.C.
    503) is amended by striking ``House Commission on
    Congressional Mailing Standards'' and inserting ``House
    Communications Standards Commission'' each place it
    appears in subsections (a)(3), (e)(1)(B), and (f).
    (3) <>  References in other
    documents.--Any reference in any rule, regulation, or other
    document to the House Commission on Congressional Mailing
    Standards shall be deemed to

    [[Page 1638]]

    be a reference to the House Communications Standards Commission.

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

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

    [[Page 1639]]

    ``(2) any news release to the communications media;
    ``(3) any such mass mailing or unsolicited communication
    made in direct response to a communication from a person to whom
    the mass mailing or unsolicited communication was transmitted;
    or
    ``(4) in the case of any such unsolicited communication
    which is transmitted in a digital format, a communication for
    which the cost of the content is less than a threshold amount
    established under regulations of the House Communications
    Standards Commission.''.
    (2) Authority to review all unsolicited mass
    communications.--
    (A) Requiring review before dissemination.--Section
    311(f) of the Legislative Branch Appropriations Act,
    1991 (2 U.S.C. 503(f)) is amended--
    (i) by striking ``any mass mailing'' and
    inserting ``any mass communication'';
    (ii) by striking ``mail matter'' and inserting
    ``matter''; and
    (iii) by striking ``such proposed mailing''
    and inserting ``such proposed communication''.
    (B) Exception for certain communications.--Section
    311(f) of such Act (2 U.S.C. 503(f)) is amended--
    (i) by striking ``A Member'' and inserting
    ``(1) Except as provided in paragraph (2), a
    Member''; and
    (ii) by adding at the end the following new
    paragraph:

    ``(2) Paragraph (1) does not apply in the case of any type of mass
    communication which is designated as exempt from the requirements of
    such paragraph as provided under regulations of the House Communications
    Standards Commission.''.
    (C) Definition.--Section 311(g) of such Act (2
    U.S.C. 503(g)) is amended--
    (i) by striking ``and'' at the end of
    paragraph (1);
    (ii) by striking the period at the end of
    paragraph (2) and inserting ``; and''; and
    (iii) by adding at the end the following new
    paragraph:
    ``(3) the term `mass communication' means a mass mailing
    described in section 3210(a)(6)(E) of title 39, United States
    Code, or any other unsolicited communication of substantially
    identical content which is transmitted to 500 or more persons in
    a session of Congress, as provided under regulations of the
    House Communications Standards Commission, except that such term
    does not include--
    ``(A) any communication from a Member of the House
    of Representatives to another Member of the House of
    Representatives, a Senator, or any Federal, State, or
    local government official;
    ``(B) any news release to the communications media;
    ``(C) any such mass mailing or unsolicited
    communication made in direct response to a communication
    from a person to whom the mass mailing or unsolicited
    communication was transmitted; or
    ``(D) in the case of any such unsolicited
    communication which is transmitted in a digital format,
    a communication for which the cost of the content is
    less than a threshold

    [[Page 1640]]

    amount established under regulations of the House
    Communications Standards Commission.''.
    (3) Conforming amendment to rules of the house of
    representatives.--Clause 9 of rule XXIV of the Rules of the
    House of Representatives is amended by inserting after ``that
    session,'' the following: ``or any other unsolicited
    communication of substantially identical content which is
    transmitted to 500 or more persons in that session or, in the
    case of a digital communication of substantially identical
    content, which is disseminated at a cost exceeding a designated
    amount, as provided under regulations of the House
    Communications Standards Commission,''.

    (d) Revision to Mass Mailing Notice on Taxpayer Funding.--Section
    311(a) of the Legislative Branch Appropriations Act, 1997 (2 U.S.C.
    506(a)) is amended--
    (1) by striking ``(a) Each mass mailing'' and inserting
    ``(a)(1) Each mass mailing'';
    (2) by striking ``the following notice:'' and all that
    follows through ``or a notice'' and inserting ``one of the
    notices described in paragraph (2) or a notice''; and
    (3) by adding at the end the following new paragraph:

    ``(2) The notices described in this paragraph are as follows:
    ``(A) `Paid for with official funds from the office of
    _____.', with the blank filled in with the name of the Member
    sending the mailing.
    ``(B) `Paid for by the funds authorized by the House of
    Representatives for District __ of _____.', with the first blank
    filled in with the name of the congressional district number,
    and the second blank filled in with the name of the State, of
    the Member sending the mailing.
    ``(C) `Paid for by official funds authorized by the House of
    Representatives.' ''.

    (e) Revisions to Restrictions on Mail Matter Considered Frankable.--
    (1) Expressions of congratulations.--Section 3210(a)(3)(F)
    of title 39, United States Code, is amended by striking ``to a
    person who has achieved some public distinction''.
    (2) Biographical information related to official and
    representational duties.--Section 3210(a)(3)(I) of such title is
    amended by striking ``publication or in response to a specific
    request therefor'' and inserting the following: ``publication,
    in response to a specific request therefor, or which relates to
    the Member's or Member-elect's official and representational
    duties,''.
    (3) Photos and likenesses included in newsletters or general
    mass mailings.--Section 3210(a)(3) of such title is amended--
    (A) by adding ``or'' at the end of subparagraph (H);
    (B) in subparagraph (I), by striking ``; or'' and
    inserting a period; and
    (C) by striking subparagraph (J).
    (4) Clarification of ability of members to use franked mail
    to send personal messages to constituents.--Section 3210(a)(4)
    of such title is amended by striking the period at the end and
    inserting the following: ``, except that nothing in this
    paragraph may be construed to prohibit the use of the franking
    privilege for the transmission of matter which

    [[Page 1641]]

    is purely personal to a recipient who is a constituent of a
    Member of Congress and which is related to the official
    business, activities, and duties of the Member.''.
    (5) Uniform blackout period for all members of congress.--
    (A) Uniform period.--Section 3210(a)(6)(A) of such
    title is amended--
    (i) in clause (i), by striking ``(or, in the
    case of a Member of the House, fewer than 90
    days)''; and
    (ii) in clause (ii)(II), by striking ``90
    days'' and inserting ``60 days''.
    (B) <>  Effective date.--
    The amendments made by paragraph (1) shall apply with
    respect to the regularly scheduled general election for
    Federal office held in November 2020 and each succeeding
    election for public office.
    (6) Information on certain matters.--Section 3210(a)(6)(E)
    of such title is amended--
    (A) by striking ``or'' at the end of clause (ii);
    (B) by striking the period at the end of clause
    (iii) and inserting ``; or''; and
    (C) by adding at the end the following new clause:
    ``(iv) providing information exclusively on competitions
    which are officially sanctioned by the House of Representatives
    or Senate, nominations to military service academies, official
    employment listings for positions in the House of
    Representatives (including listings for positions in the Wounded
    Warrior Program or the Gold Star Family Fellowship Program), or
    natural disasters or other threats to public health and life
    safety.''.

    (f) <>  Effective Date.--Except as provided
    in subsection (e)(5)(B), this section and the amendments made by this
    section shall apply with respect to communications disseminated on or
    after the date of the enactment of this Act.

    authorizing use of members' representational allowance for expenses of
    members-elect

    Sec. 117. (a) Authorization.--Section 101(a) of the House of
    Representatives Administrative Reform Technical Corrections Act (2
    U.S.C. 5341(a)) is amended--
    (1) by striking ``a Member'' and inserting ``a Member or
    Member-elect''; and
    (2) by striking ``the Member'' and inserting ``the Member or
    Member-elect''.

    (b) Regulations.--Section 101(d) of such Act (2 U.S.C. 5341(d)) is
    amended by striking the period at the end and inserting the following:
    ``, including regulations establishing under subsection (a) the official
    and representational duties during a Congress of a Member-elect of the
    House of Representatives who is not an incumbent Member re-elected to
    the ensuing Congress.''.
    (c) <>  Effective Date.--The amendments made
    by this section shall apply with respect to Members-elect of the House
    of Representatives for the One Hundred Seventeenth Congress and each
    succeeding Congress.

    JOINT ITEMS

    For Joint Committees, as follows:

    [[Page 1642]]

    Joint Economic Committee

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

    Joint Committee on Taxation

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

    Office of the Attending Physician

    For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including:
    (1) an allowance of $2,175 per month to the Attending
    Physician;
    (2) an allowance of $1,300 per month to the Senior Medical
    Officer;
    (3) an allowance of $725 per month each to three medical
    officers while on duty in the Office of the Attending Physician;
    (4) an allowance of $725 per month to 2 assistants and $580
    per month each not to exceed 11 assistants on the basis
    heretofore provided for such assistants; and
    (5) <>  $2,796,000 for reimbursement
    to the Department of the Navy for expenses incurred for staff
    and equipment assigned to the Office of the Attending Physician,
    which shall be advanced and credited to the applicable
    appropriation or appropriations from which such salaries,
    allowances, and other expenses are payable and shall be
    available for all the purposes thereof, $3,869,000, to be
    disbursed by the Chief Administrative Officer of the House of
    Representatives.

    Office of Congressional Accessibility Services

    Salaries and Expenses

    For salaries and expenses of the Office of Congressional
    Accessibility Services, $1,536,000, to be disbursed by the Secretary of
    the Senate.

    CAPITOL POLICE

    Salaries

    For <>  salaries of employees of the Capitol
    Police, including overtime, hazardous duty pay, and Government
    contributions for health, retirement, social security, professional
    liability insurance, and other applicable employee benefits,
    $424,397,000 of which overtime shall not exceed $50,246,000 unless the
    Committee on Appropriations of the House and Senate are notified, to be
    disbursed by the Chief of the Capitol Police or his designee.

    General Expenses

    For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment

    [[Page 1643]]

    and installation, uniforms, weapons, supplies, materials, training,
    medical services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation of
    instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $91,144,000, to be
    disbursed by the Chief of the Capitol Police or his designee:  Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2021 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security:
    Provided further, That of the amounts made available under this heading,
    $3,639,000, to remain available until expended, shall be for the Joint
    Audible Warning System.

    Administrative Provision

    student loan cap adjustment

    Sec. 120.  Section 908(c) of the Emergency Supplemental Act, 2002 (2
    U.S.C. 1926(c)), is amended by striking `` $60,000'' and inserting ``
    $80,000''.

    OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

    Salaries and Expenses

    For salaries and expenses necessary for the operation of the Office
    of Congressional Workplace Rights, $7,500,000, of which $1,000,000 shall
    remain available until September 30, 2022, and of which not more than
    $1,000 may be expended on the certification of the Executive Director in
    connection with official representation and reception expenses.

    CONGRESSIONAL BUDGET OFFICE

    Salaries and Expenses

    For salaries and expenses necessary for operation of the
    Congressional Budget Office, including not more than $6,000 to be
    expended on the certification of the Director of the Congressional
    Budget Office in connection with official representation and reception
    expenses, $57,292,000:  Provided, That the Director shall use not less
    than $500,000 of the amount made available under this heading for (1)
    improving technical systems, processes, and models for the purpose of
    improving the transparency of estimates of budgetary effects to Members
    of Congress, employees of Members of Congress, and the public, and (2)
    to increase the availability of models, economic assumptions, and data
    for Members of Congress, employees of Members of Congress, and the
    public.

    [[Page 1644]]

    ARCHITECT OF THE CAPITOL

    Capital Construction and Operations

    For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for all necessary expenses
    for surveys and studies, construction, operation, and general and
    administrative support in connection with facilities and activities
    under the care of the Architect of the Capitol including the Botanic
    Garden; electrical substations of the Capitol, Senate and House office
    buildings, and other facilities under the jurisdiction of the Architect
    of the Capitol; including furnishings and office equipment; including
    not more than $5,000 for official reception and representation expenses,
    to be expended as the Architect of the Capitol may approve; for purchase
    or exchange, maintenance, and operation of a passenger motor vehicle,
    $127,462,000, of which $1,500,000 shall remain available until September
    30, 2025.

    Capitol Building

    For all necessary expenses for the maintenance, care and operation
    of the Capitol, $34,719,000, of which $6,099,000 shall remain available
    until September 30, 2025.

    Capitol Grounds

    For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $20,560,000, of which $7,800,000 shall remain
    available until September 30, 2025.

    Senate Office Buildings

    For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be expended
    under the control and supervision of the Architect of the Capitol,
    $89,615,280, of which $22,200,000 shall remain available until September
    30, 2025.

    House Office Buildings

    (including transfer of funds)

    For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $138,780,000, of which $14,540,000 shall
    remain available until September 30, 2025, and of which $62,000,000
    shall remain available until expended for the restoration and renovation
    of the Cannon House Office Building:  Provided, That of the amount made
    available under this heading, $9,000,000 shall be derived by transfer
    from the House Office Building Fund established under section 176(d) of
    the Continuing Appropriations Act, 2017, as added by section 101(3) of
    the Further Continuing Appropriation Act, 2017 (Public Law 114-254; 2
    U.S.C. 2001 note).

    Capitol Power Plant

    For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including

    [[Page 1645]]

    the purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Publishing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $97,761,000, of which $13,700,000 shall remain available
    until September 30, 2025:  Provided, That not more than $10,000,000 of
    the funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2021.

    Library Buildings and Grounds

    For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $83,446,000, of which $51,600,000 shall remain available until September
    30, 2025.

    Capitol Police Buildings, Grounds and Security

    For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computing Facility, and
    Architect of the Capitol security operations, $45,993,000, of which
    $15,700,000 shall remain available until September 30, 2025:  Provided,
    That of the amounts made available under this heading, $2,500,000, to
    remain available until expended, shall be for the Joint Audible Warning
    System.

    Botanic Garden

    For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $20,986,000, of which $8,300,000 shall
    remain available until September 30, 2025:  Provided, That, of the
    amount made available under this heading, the Architect of the Capitol
    may obligate and expend such sums as may be necessary for the
    maintenance, care and operation of the National Garden established under
    section 307E of the Legislative Branch Appropriations Act, 1989 (2
    U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
    a duly authorized designee.

    Capitol Visitor Center

    For all necessary expenses for the operation of the Capitol Visitor
    Center, $24,751,000.

    [[Page 1646]]

    Administrative Provision

    no bonuses for contractors behind schedule or over budget

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

    LIBRARY OF CONGRESS

    Salaries and Expenses

    For all necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings;
    information technology services provided centrally; special clothing;
    cleaning, laundering and repair of uniforms; preservation of motion
    pictures in the custody of the Library; operation and maintenance of the
    American Folklife Center in the Library; preparation and distribution of
    catalog records and other publications of the Library; hire or purchase
    of one passenger motor vehicle; and expenses of the Library of Congress
    Trust Fund Board not properly chargeable to the income of any trust fund
    held by the Board, $523,654,000, and, in addition, amounts credited to
    this appropriation during fiscal year 2021 under the Act of June 28,
    1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), shall remain available
    until expended:  Provided, That the Library of Congress may not obligate
    or expend any funds derived from collections under the Act of June 28,
    1902, in excess of the amount authorized for obligation or expenditure
    in appropriations Acts:  Provided further,
    That <>  of the total amount appropriated, not
    more than $18,000 may be expended, on the certification of the Librarian
    of Congress, in connection with official representation and reception
    expenses, including for the Overseas Field Offices:  Provided further,
    That of the total amount appropriated, $9,424,000 shall remain available
    until expended for the Teaching with Primary Sources program:  Provided
    further, That of the total amount appropriated, $1,384,000 shall remain
    available until expended for upgrade of the Legislative Branch Financial
    Management System:  Provided further, That of the total amount
    appropriated, $250,000 shall remain available until expended for the
    Surplus Books Program to promote the program and facilitate a greater
    number of donations to eligible entities across the United States:
    Provided further, That of the total amount appropriated, $3,720,000
    shall remain available until expended for the Veterans History Project
    to continue digitization efforts of already collected materials, reach a
    greater number of veterans to record their stories, and promote public
    access to the Project:  Provided further, That of the total amount
    appropriated, $10,000,000 shall remain available until expended for the
    Library's Visitor Experience project, and may be obligated and expended
    only upon approval by the Subcommittee on the Legislative Branch of the
    Committee on Appropriations of the House of Representatives

    [[Page 1647]]

    and by the Subcommittee on the Legislative Branch of the Committee on
    Appropriations of the Senate:  Provided further, That of the total
    amount appropriated, $4,370,000 shall remain available until September
    30, 2025, to complete the second of three phases of the shelving
    replacement in the Law Library's collection storage areas:  Provided
    further, That of the total amount appropriated, $2,500,000 shall remain
    available until September 30, 2022, for the phase-out and retirement of
    the de-acidification preservation program.

    Copyright Office

    salaries and expenses

    For all necessary expenses of the Copyright Office, $93,416,000, of
    which not more than $38,004,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2021 under sections 708(d) and 1316 of title 17, United
    States Code:  Provided, That the Copyright Office may not obligate or
    expend any funds derived from collections under such section in excess
    of the amount authorized for obligation or expenditure in appropriations
    Acts:  Provided further, That not more than $6,778,000 shall be derived
    from collections during fiscal year 2021 under sections 111(d)(2),
    119(b)(3), 803(e), and 1005 of such title:  Provided further, That the
    total amount available for obligation shall be reduced by the amount by
    which collections are less than $44,782,000:  Provided further, That of
    the funds provided under this heading, not less than $17,100,000 is for
    modernization initiatives, of which $10,000,000 shall remain available
    until September 30, 2022:  Provided further, That not more than $100,000
    of the amount appropriated is available for the maintenance of an
    ``International Copyright Institute'' in the Copyright Office of the
    Library of Congress for the purpose of training nationals of developing
    countries in intellectual property laws and policies:  Provided further,
    That <>  not more than $6,500 may be expended, on
    the certification of the Librarian of Congress, in connection with
    official representation and reception expenses for activities of the
    International Copyright Institute and for copyright delegations,
    visitors, and seminars:  Provided further, That, notwithstanding any
    provision of chapter 8 of title 17, United States Code, any amounts made
    available under this heading which are attributable to royalty fees and
    payments received by the Copyright Office pursuant to sections 111, 119,
    and chapter 10 of such title may be used for the costs incurred in the
    administration of the Copyright Royalty Judges program, with the
    exception of the costs of salaries and benefits for the Copyright
    Royalty Judges and staff under section 802(e).

    Congressional Research Service

    salaries and expenses

    For all necessary expenses to carry out the provisions of section
    203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $125,495,000:  Provided, That <>  no
    part of such amount may be used to pay any salary or expense in
    connection with any publication, or preparation of material therefor
    (except

    [[Page 1648]]

    the Digest of Public General Bills), to be issued by the Library of
    Congress unless such publication has obtained prior approval of either
    the Committee on House Administration of the House of Representatives or
    the Committee on Rules and Administration of the Senate:  Provided
    further, That this prohibition does not apply to publication of non-
    confidential Congressional Research Service (CRS) products:  Provided
    further, That a non-confidential CRS product includes any written
    product containing research or analysis that is currently available for
    general congressional access on the CRS Congressional Intranet, or that
    would be made available on the CRS Congressional Intranet in the normal
    course of business and does not include material prepared in response to
    Congressional requests for confidential analysis or research.

    National Library Service for the Blind and Print Disabled

    salaries and expenses

    For all necessary expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $59,563,000:  Provided,
    That of the total amount appropriated, $650,000 shall be available to
    contract to provide newspapers to blind and print disabled residents at
    no cost to the individual.

    Administrative Provision

    reimbursable and revolving fund activities

    Sec. 140. (a) In General.--For fiscal year 2021, the obligational
    authority of the Library of Congress for the activities described in
    subsection (b) may not exceed $252,552,000.
    (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.

    GOVERNMENT PUBLISHING OFFICE

    Congressional Publishing

    (including transfer of funds)

    For authorized publishing of congressional information and the
    distribution of congressional information in any format; publishing of
    Government publications authorized by law to be distributed to Members
    of Congress; and publishing, and distribution of Government publications
    authorized by law to be distributed without charge to the recipient,
    $78,000,000:  Provided, That this appropriation shall not be available
    for paper copies of the permanent edition of the Congressional Record
    for individual Representatives, Resident Commissioners or Delegates
    authorized under section 906 of title 44, United States Code:  Provided
    further, That this appropriation shall be available for the payment of
    obligations incurred under the appropriations for similar purposes for
    preceding fiscal years:  Provided further, That <>
    notwithstanding the 2-year limitation under section 718 of title 44,
    United States Code, none of the funds appropriated or made available
    under this Act or any other Act for printing and binding and related
    services provided to Congress

    [[Page 1649]]

    under chapter 7 of title 44, United States Code, may be expended to
    print a document, report, or publication after the 27-month period
    beginning on the date that such document, report, or publication is
    authorized by Congress to be printed, unless Congress reauthorizes such
    printing in accordance with section 718 of title 44, United States Code:
    Provided further, That <>
    unobligated or unexpended balances of expired discretionary funds made
    available under this heading in this Act for this fiscal year may be
    transferred to, and merged with, funds under the heading ``Government
    Publishing Office Business Operations Revolving Fund'' no later than the
    end of the fifth fiscal year after the last fiscal year for which such
    funds are available for the purposes for which appropriated, to be
    available for carrying out the purposes of this heading, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That notwithstanding
    sections 901, 902, and 906 of title 44, United States Code, this
    appropriation may be used to prepare indexes to the Congressional Record
    on only a monthly and session basis.

    Public Information Programs of the Superintendent of Documents

    salaries and expenses

    (including transfer of funds)

    For expenses of the public information programs of the Office of
    Superintendent of Documents necessary to provide for the cataloging and
    indexing of Government publications in any format, and their
    distribution to the public, Members of Congress, other Government
    agencies, and designated depository and international exchange libraries
    as authorized by law, $32,300,000:  Provided, That amounts of not more
    than $2,000,000 from current year appropriations are authorized for
    producing and disseminating Congressional serial sets and other related
    publications for the preceding two fiscal years to depository and other
    designated libraries:  Provided further, That <>  unobligated or unexpended balances of expired
    discretionary funds made available under this heading in this Act for
    this fiscal year may be transferred to, and merged with, funds under the
    heading ``Government Publishing Office Business Operations Revolving
    Fund'' no later than the end of the fifth fiscal year after the last
    fiscal year for which such funds are available for the purposes for
    which appropriated, to be available for carrying out the purposes of
    this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and the Senate.

    Government Publishing Office Business Operations Revolving Fund

    For payment to the Government Publishing Office Business Operations
    Revolving Fund, $6,700,000, to remain available until expended, for
    information technology development and facilities repair:  Provided,
    That the Government Publishing Office is hereby authorized to make such
    expenditures, within the limits of funds available and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 9104 of title 31, United
    States Code, as may

    [[Page 1650]]

    be necessary in carrying out the programs and purposes set forth in the
    budget for the current fiscal year for the Government Publishing Office
    Business Operations Revolving Fund:  Provided further,
    That <>  not more than $7,500 may be expended on
    the certification of the Director of the Government Publishing Office in
    connection with official representation and reception expenses:
    Provided further, That the Business Operations Revolving Fund shall be
    available for the hire or purchase of not more than 12 passenger motor
    vehicles:  Provided further, That expenditures in connection with travel
    expenses of the advisory councils to the Director of the Government
    Publishing Office shall be deemed necessary to carry out the provisions
    of title 44, United States Code:  Provided further, That the Business
    Operations Revolving Fund shall be available for temporary or
    intermittent services under section 3109(b) of title 5, United States
    Code, but at rates for individuals not more than the daily equivalent of
    the annual rate of basic pay for level V of the Executive Schedule under
    section 5316 of such title:  Provided further, That activities financed
    through the Business Operations Revolving Fund may provide information
    in any format:  Provided further, That the Business Operations Revolving
    Fund and the funds provided under the heading ``Public Information
    Programs of the Superintendent of Documents'' may not be used for
    contracted security services at Government Publishing Office's passport
    facility in the District of Columbia.

    GOVERNMENT ACCOUNTABILITY OFFICE

    Salaries and Expenses

    For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with official
    representation and reception expenses; temporary or intermittent
    services under section 3109(b) of title 5, United States Code, but at
    rates for individuals not more than the daily equivalent of the annual
    rate of basic pay for level IV of the Executive Schedule under section
    5315 of such title; hire of one passenger motor vehicle; advance
    payments in foreign countries in accordance with section 3324 of title
    31, United States Code; benefits comparable to those payable under
    sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
    U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
    Comptroller General of the United States, rental of living quarters in
    foreign countries, $661,139,000:  Provided, That, in addition,
    $31,342,000 of payments received under sections 782, 791, 3521, and 9105
    of title 31, United States Code, shall be available without fiscal year
    limitation:  Provided further, That <>  this
    appropriation and appropriations for administrative expenses of any
    other department or agency which is a member of the National
    Intergovernmental Audit Forum or a Regional Intergovernmental Audit
    Forum shall be available to finance an appropriate share of either
    Forum's costs as determined by the respective Forum, including necessary
    travel expenses of non-Federal participants:  Provided further,
    That <>  payments hereunder to the Forum may be
    credited as reimbursements to any appropriation from which costs
    involved are initially financed.

    [[Page 1651]]

    OPEN WORLD LEADERSHIP CENTER TRUST FUND

    For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $6,000,000:  Provided, That <>  funds made available to
    support Russian participants shall only be used for those engaging in
    free market development, humanitarian activities, and civic engagement,
    and shall not be used for officials of the central government of Russia.

    JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

    For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2 U.S.C.
    1105), $430,000.

    TITLE II

    GENERAL PROVISIONS

    maintenance and care of private vehicles

    Sec. 201.  No part of the funds appropriated in this Act shall be
    used for the maintenance or care of private vehicles, except for
    emergency assistance and cleaning as may be provided under regulations
    relating to parking facilities for the House of Representatives issued
    by the Committee on House Administration and for the Senate issued by
    the Committee on Rules and Administration.

    fiscal year limitation

    Sec. 202.  No part of the funds appropriated in this Act shall
    remain available for obligation beyond fiscal year 2021 unless expressly
    so provided in this Act.

    rates of compensation and designation

    Sec. 203.  Whenever in this Act any office or position not
    specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
    et seq.) is appropriated for or the rate of compensation or designation
    of any office or position appropriated for is different from that
    specifically established by such Act, the rate of compensation and the
    designation in this Act shall be the permanent law with respect thereto:
    Provided, That the provisions in this Act for the various items of
    official expenses of Members, officers, and committees of the Senate and
    House of Representatives, and clerk hire for Senators and Members of the
    House of Representatives shall be the permanent law with respect
    thereto.

    consulting services

    Sec. 204.  <> The expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, under section 3109 of title 5, United States Code,
    shall be limited to those contracts where such expenditures are a matter
    of public record and available for public inspection, except where
    otherwise

    [[Page 1652]]

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

    costs of lbfmc

    Sec. 205.  <> Amounts available for
    administrative expenses of any legislative branch entity which
    participates in the Legislative Branch Financial Managers Council
    (LBFMC) established by charter on March 26, 1996, shall be available to
    finance an appropriate share of LBFMC costs as determined by the LBFMC,
    except that the total LBFMC costs to be shared among all participating
    legislative branch entities (in such allocations among the entities as
    the entities may determine) may not exceed $2,000.

    limitation on transfers

    Sec. 206.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.

    guided tours of the capitol

    Sec. 207. (a) Except as provided in subsection (b), none of the
    funds made available to the Architect of the Capitol in this Act may be
    used to eliminate or restrict guided tours of the United States Capitol
    which are led by employees and interns of offices of Members of Congress
    and other offices of the House of Representatives and Senate, unless
    through regulations as authorized by section 402(b)(8) of the Capitol
    Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
    (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol with the approval of the
    Capitol Police Board, guided tours of the United States Capitol which
    are led by employees and interns described in subsection (a) may be
    suspended temporarily or otherwise subject to restriction for security
    or related reasons to the same extent as guided tours of the United
    States Capitol which are led by the Architect of the Capitol.

    limitation on telecommunications equipment procurement

    Sec. 208. (a) <>  None of the funds appropriated or otherwise
    made available under this Act may be used to acquire telecommunications
    equipment produced by Huawei Technologies Company or ZTE Corporation for
    a high or moderate impact information system, as defined for security
    categorization in the National Institute of Standards and Technology's
    (NIST) Federal Information Processing Standard Publication 199,
    ``Standards for Security Categorization of Federal Information and
    Information Systems'' unless the agency, office, or other entity
    acquiring the equipment or system has--
    (1) reviewed the supply chain risk for the information
    systems against criteria developed by NIST to inform acquisition
    decisions for high or moderate impact information systems within
    the Federal Government;

    [[Page 1653]]

    (2) reviewed the supply chain risk from the presumptive
    awardee against available and relevant threat information
    provided by the Federal Bureau of Investigation and other
    appropriate agencies; and
    (3) <>  in consultation
    with the Federal Bureau of Investigation or other appropriate
    Federal entity, conducted an assessment of any risk of cyber-
    espionage or sabotage associated with the acquisition of such
    telecommunications equipment for inclusion in a high or moderate
    impact system, including any risk associated with such system
    being produced, manufactured, or assembled by one or more
    entities identified by the United States Government as posing a
    cyber threat, including but not limited to, those that may be
    owned, directed, or subsidized by the People's Republic of
    China, the Islamic Republic of Iran, the Democratic People's
    Republic of Korea, or the Russian Federation.

    (b) <> None of the funds appropriated or
    otherwise made available under this Act may be used to acquire a high or
    moderate impact information system reviewed and assessed under
    subsection (a) unless the head of the assessing entity described in
    subsection (a) has--
    (1) <> developed, in
    consultation with NIST and supply chain risk management experts,
    a mitigation strategy for any identified risks;
    (2) <> determined, in consultation
    with NIST and the Federal Bureau of Investigation, that the
    acquisition of such telecommunications equipment for inclusion
    in a high or moderate impact system is in the vital national
    security interest of the United States; and
    (3) <> reported that determination to the
    Committees on Appropriations of the House of Representatives and
    the Senate in a manner that identifies the telecommunications
    equipment for inclusion in a high or moderate impact system
    intended for acquisition and a detailed description of the
    mitigation strategies identified in paragraph (1), provided that
    such report may include a classified annex as necessary.

    prohibition on certain operational expenses

    Sec. 209. (a) <> None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities or other official government activities.

    plastic waste reduction

    Sec. 210.  <> All agencies and
    offices funded by this division that contract with a food service
    provider or providers shall confer and coordinate with such food service
    provider or providers, in consultation with disability advocacy groups,
    to eliminate or reduce plastic waste, including waste from plastic
    straws, explore the use of biodegradable items, and increase recycling
    and composting opportunities.

    [[Page 1654]]

    joint congressional committee on inaugural ceremonies of 2021

    Sec. 211.  There is hereby appropriated $2,000,000, for the same
    purposes and under the same authorities and conditions as amounts made
    available under the heading ``Joint Items--Joint Congressional Committee
    on Inaugural Ceremonies of 2021'' in division E of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94).

    capitol complex health and safety

    Sec. 212.  In addition to the amounts appropriated under this Act
    under the heading ``Office of the Attending Physician'', there is hereby
    appropriated to the Office of the Attending Physician $5,000,000, to
    remain available until expended, for response to COVID-19, including
    testing, subject to the same terms and conditions as the amounts
    appropriated under such heading.

    government accountability office supplemental oversight

    Sec. 213.  For an additional amount for ``Salaries and Expenses'',
    $10,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus, which shall be for audits and
    investigations, as authorized by this title:  Provided,
    That <>  not later
    than 90 days after the date of enactment of this Act, the Government
    Accountability Office shall submit to the Committees on Appropriations
    of the House of Representatives and the Senate a spend plan specifying
    funding estimates and a timeline for such audits and investigations:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    This division may be cited as the ``Legislative Branch
    Appropriations Act, 2021''.

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

    TITLE I

    DEPARTMENT OF DEFENSE

    Military Construction, Army

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Army as currently authorized by law, including
    personnel in the Army Corps of Engineers and other personal services
    necessary for the purposes of this appropriation, and for construction
    and operation of facilities in support of the functions of the Commander
    in Chief, $628,900,000, to remain available until September 30, 2025:
    Provided, That, <>  of this amount,
    not to exceed $147,000,000 shall be available for study, planning,
    design, architect and engineer services, and host nation support, as
    authorized by law, unless the Secretary of the Army determines that
    additional obligations are necessary for such purposes and

    [[Page 1655]]

    notifies the Committees on Appropriations of both Houses of Congress of
    the determination and the reasons therefor.

    Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $1,716,144,000, to remain available until September 30,
    2025:  Provided, That, <>  of this
    amount, not to exceed $261,710,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Secretary of the Navy determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor.

    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations, facilities,
    and real property for the Air Force as currently authorized by law,
    $616,156,000, to remain available until September 30, 2025:  Provided,
    That, <>  of this amount, not to
    exceed $212,556,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Secretary of the Air Force determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor.

    Military Construction, Defense-Wide

    (including transfer of funds)

    For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and real
    property for activities and agencies of the Department of Defense (other
    than the military departments), as currently authorized by law,
    $2,041,909,000, to remain available until September 30, 2025:  Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred:  Provided further,
    That, <>  of the amount, not to
    exceed $162,076,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Secretary of Defense determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor.

    [[Page 1656]]

    Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $349,437,000, to remain available until September
    30, 2025:  Provided, That, <>  of
    the amount, not to exceed $44,593,000 shall be available for study,
    planning, design, and architect and engineer services, as authorized by
    law, unless the Director of the Army National Guard determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor.

    Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $64,214,000, to remain available until September 30,
    2025:  Provided, That, <>  of the
    amount, not to exceed $3,414,000 shall be available for study, planning,
    design, and architect and engineer services, as authorized by law,
    unless the Director of the Air National Guard determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor.

    Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Army
    Reserve as authorized by chapter 1803 of title 10, United States Code,
    and Military Construction Authorization Acts, $88,337,000, to remain
    available until September 30, 2025:  Provided,
    That, <>  of the amount, not to
    exceed $1,218,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the Chief
    of the Army Reserve determines that additional obligations are necessary
    for such purposes and notifies the Committees on Appropriations of both
    Houses of Congress of the determination and the reasons therefor.

    Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $70,995,000, to remain available until September 30,
    2025:  Provided, That, <>  of the
    amount, not to exceed $3,485,000 shall be available for study, planning,
    design, and architect and engineer services, as authorized by law,
    unless the Secretary of the Navy determines that additional obligations
    are necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor.

    [[Page 1657]]

    Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $23,117,000, to
    remain available until September 30, 2025:  Provided,
    That, <>  of the amount, not to
    exceed $3,270,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the Chief
    of the Air Force Reserve determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination and the
    reasons therefor.

    North Atlantic Treaty Organization

    Security Investment Program

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

    Department of Defense Base Closure Account

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

    Family Housing Construction, Army

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

    Family Housing Operation and Maintenance, Army

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

    Family Housing Construction, Navy and Marine Corps

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

    [[Page 1658]]

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums, as
    authorized by law, $346,493,000.

    Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $97,214,000, to remain available until
    September 30, 2025.

    Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized by
    law, $317,021,000.

    Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $54,728,000.

    Department of Defense

    Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund,
    $5,897,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

    Department of Defense

    Military Unaccompanied Housing Improvement Fund

    For the Department of Defense Military Unaccompanied Housing
    Improvement Fund, $600,000, to remain available until expended, for
    unaccompanied housing initiatives undertaken pursuant to section 2883 of
    title 10, United States Code, providing alternative means of acquiring
    and improving military unaccompanied housing and supporting facilities.

    Administrative Provisions

    Sec. 101.  <> None of the funds made available in
    this title shall be expended for payments under a cost-plus-a-fixed-fee
    contract for construction, where cost estimates exceed $25,000, to be
    performed within the United States, except Alaska, without the specific
    approval in writing of the Secretary of Defense setting forth the
    reasons therefor.

    [[Page 1659]]

    Sec. 102.  Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
    Sec. 103.  <> Funds made available in this
    title for construction may be used for advances to the Federal Highway
    Administration, Department of Transportation, for the construction of
    access roads as authorized by section 210 of title 23, United States
    Code, when projects authorized therein are certified as important to the
    national defense by the Secretary of Defense.

    Sec. 104.  None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
    Sec. 105.  <> None of the funds made
    available in this title shall be used for purchase of land or land
    easements in excess of 100 percent of the value as determined by the
    Army Corps of Engineers or the Naval Facilities Engineering Command,
    except: (1) where there is a determination of value by a Federal court;
    (2) purchases negotiated by the Attorney General or the designee of the
    Attorney General; (3) where the estimated value is less than $25,000; or
    (4) as otherwise determined by the Secretary of Defense to be in the
    public interest.

    Sec. 106.  None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which funds
    have been made available in annual Acts making appropriations for
    military construction.
    Sec. 107.  <> None of the funds made available
    in this title for minor construction may be used to transfer or relocate
    any activity from one base or installation to another, without prior
    notification to the Committees on Appropriations of both Houses of
    Congress.

    Sec. 108.  <> None of the funds made available in this
    title may be used for the procurement of steel for any construction
    project or activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such steel
    procurement.

    Sec. 109.  None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  <> None of the funds made available
    in this title may be used to initiate a new installation overseas
    without prior notification to the Committees on Appropriations of both
    Houses of Congress.

    Sec. 111.  <> None of the funds made
    available in this title may be obligated for architect and engineer
    contracts estimated by the Government to exceed $500,000 for projects to
    be accomplished in Japan, in any North Atlantic Treaty Organization
    member country, or in countries bordering the Arabian Gulf, unless such
    contracts are awarded to United States firms or United States firms in
    joint venture with host nation firms.

    Sec. 112.  <> None of the funds
    made available in this title for military construction in the United
    States territories and possessions in the Pacific and on Kwajalein
    Atoll, or in countries bordering the Arabian Gulf, may be used to award
    any contract estimated by the Government to exceed $1,000,000 to a
    foreign contractor:  Provided, That this section shall not be applicable
    to contract awards for which the lowest responsive and responsible bid
    of a United States contractor exceeds the lowest responsive and

    [[Page 1660]]

    responsible bid of a foreign contractor by greater than 20 percent:
    Provided further, That this section shall not apply to contract awards
    for military construction on Kwajalein Atoll for which the lowest
    responsive and responsible bid is submitted by a Marshallese contractor.

    Sec. 113.  <> The Secretary of Defense shall inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of plans and scope of any proposed military exercise
    involving United States personnel 30 days prior to its occurring, if
    amounts expended for construction, either temporary or permanent, are
    anticipated to exceed $100,000.

    Sec. 114.  Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
    Sec. 115.  For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
    Sec. 116.  Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available, if
    the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.

    (including transfer of funds)

    Sec. 117.  <> Subject to 30 days prior
    notification, or 14 days for a notification provided in an electronic
    medium pursuant to sections 480 and 2883 of title 10, United States
    Code, to the Committees on Appropriations of both Houses of Congress,
    such additional amounts as may be determined by the Secretary of Defense
    may be transferred to: (1) the Department of Defense Family Housing
    Improvement Fund from amounts appropriated for construction in ``Family
    Housing'' accounts, to be merged with and to be available for the same
    purposes and for the same period of time as amounts appropriated
    directly to the Fund; or (2) the Department of Defense Military
    Unaccompanied Housing Improvement Fund from amounts appropriated for
    construction of military unaccompanied housing in ``Military
    Construction'' accounts, to be merged with and to be available for the
    same purposes and for the same period of time as amounts appropriated
    directly to the Fund:  Provided, That appropriations made available to
    the Funds shall be available to cover the costs, as defined in section
    502(5) of the Congressional Budget Act of 1974, of direct loans or loan
    guarantees issued by the Department of Defense pursuant to the
    provisions of subchapter IV of chapter 169 of title 10, United States
    Code, pertaining to alternative means of acquiring and improving
    military family housing, military unaccompanied housing, and supporting
    facilities.

    [[Page 1661]]

    (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the
    Department of Defense Base Closure Account to the fund established by
    section 1013(d) of the Demonstration Cities and Metropolitan Development
    Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the
    Homeowners Assistance Program incurred under 42 U.S.C. 3374(a)(1)(A).
    Any amounts transferred shall be merged with and be available for the
    same purposes and for the same time period as the fund to which
    transferred.
    Sec. 119.  <> Notwithstanding any other
    provision of law, funds made available in this title for operation and
    maintenance of family housing shall be the exclusive source of funds for
    repair and maintenance of all family housing units, including general or
    flag officer quarters:  Provided,
    That <>  not more than $35,000 per unit
    may be spent annually for the maintenance and repair of any general or
    flag officer quarters without 30 days prior notification, or 14 days for
    a notification provided in an electronic medium pursuant to sections 480
    and 2883 of title 10, United States Code, to the Committees on
    Appropriations of both Houses of Congress, except that an after-the-fact
    notification shall be submitted if the limitation is exceeded solely due
    to costs associated with environmental remediation that could not be
    reasonably anticipated at the time of the budget submission:  Provided
    further, That <>  the Under Secretary of Defense
    (Comptroller) is to report annually to the Committees on Appropriations
    of both Houses of Congress all operation and maintenance expenditures
    for each individual general or flag officer quarters for the prior
    fiscal year.

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

    (including transfer of funds)

    Sec. 121.  <> During the 5-year
    period after appropriations available in this Act to the Department of
    Defense for military construction and family housing operation and
    maintenance and construction have expired for obligation, upon a
    determination that such appropriations will not be necessary for the
    liquidation of obligations or for making authorized adjustments to such
    appropriations for obligations incurred during the period of
    availability of such appropriations, unobligated balances of such
    appropriations may be transferred into the appropriation ``Foreign
    Currency Fluctuations, Construction, Defense'', to be merged with and to
    be available for the same time period and for the same purposes as the
    appropriation to which transferred.

    (including transfer of funds)

    Sec. 122.  Amounts appropriated or otherwise made available in an
    account funded under the headings in this title may be transferred among
    projects and activities within the account in accordance with the
    reprogramming guidelines for military

    [[Page 1662]]

    construction and family housing construction contained in Department of
    Defense Financial Management Regulation 7000.14-R, Volume 3, Chapter 7,
    of March 2011, as in effect on the date of enactment of this Act.
    Sec. 123.  None of the funds made available in this title may be
    obligated or expended for planning and design and construction of
    projects at Arlington National Cemetery.
    Sec. 124.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2025:
    ``Military Construction, Army'', $233,000,000;
    ``Military Construction, Navy and Marine Corps'',
    $73,100,000;
    ``Military Construction, Air Force'', $60,000,000;
    ``Military Construction, Army National Guard'', $49,835,000;
    ``Military Construction, Air National Guard'', $29,500,000;
    and
    ``Military Construction, Air Force Reserve'', $25,000,000:

    Provided, That such funds may only be obligated to carry out
    construction projects identified in the respective military department's
    unfunded priority list for fiscal year 2021 submitted to Congress:
    Provided further, That such projects are subject to authorization prior
    to obligation and expenditure of funds to carry out construction:
    Provided further, That <>  not later
    than 30 days after enactment of this Act, the Secretary of the military
    department concerned, or his or her designee, shall submit to the
    Committees on Appropriations of both Houses of Congress an expenditure
    plan for funds provided under this section.

    Sec. 125.  All amounts appropriated to the ``Department of Defense--
    Military Construction, Army'', ``Department of Defense--Military
    Construction, Navy and Marine Corps'', ``Department of Defense--Military
    Construction, Air Force'', and ``Department of Defense--Military
    Construction, Defense-Wide'' accounts pursuant to the authorization of
    appropriations in a National Defense Authorization Act specified for
    fiscal year 2021 in the funding table in section 4601 of that Act shall
    be immediately available and allotted to contract for the full scope of
    authorized projects.

    (rescissions of funds)

    Sec. 126.  Of the unobligated balances available to the Department
    of Defense from prior appropriation Acts, the following funds are hereby
    rescinded from the following accounts in the amounts specified:
    ``Military Construction, Navy and Marine Corps'',
    $48,000,000;
    ``Military Construction, Air Force'', $9,975,000;
    ``Military Construction, Defense-Wide'', $29,838,000; and
    ``Department of Defense Base Closure Account'', $50,000,000:

    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism or as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    [[Page 1663]]

    Sec. 127.  <> For the purposes of this Act, the
    term ``congressional defense committees'' means the Committees on Armed
    Services of the House of Representatives and the Senate, the
    Subcommittee on Military Construction and Veterans Affairs of the
    Committee on Appropriations of the Senate, and the Subcommittee on
    Military Construction and Veterans Affairs of the Committee on
    Appropriations of the House of Representatives.

    Sec. 128.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2023:
    ``Military Construction, Army'', $48,000,000;
    ``Military Construction, Navy and Marine Corps'',
    $37,700,000;
    ``Military Construction, Air Force'', $75,700,000; and
    ``Family Housing Construction, Army'', $4,500,000:

    Provided, That such funds may only be obligated to carry out
    construction projects identified in the respective military department's
    cost to complete projects list of previously appropriated projects
    submitted to Congress:  Provided further, That such projects are subject
    to authorization prior to obligation and expenditure of funds to carry
    out construction:  Provided further, That <>  not later than 30 days after enactment of this Act, the
    Secretary of the military department concerned, or his or her designee,
    shall submit to the Committees on Appropriations of both Houses of
    Congress an expenditure plan for funds provided under this section.

    Sec. 129.  For an additional amount for the accounts and in the
    amounts specified, to remain available until September 30, 2023:
    ``Family Housing Operation and Maintenance, Army'',
    $20,000,000;
    ``Family Housing Operation and Maintenance, Navy and Marine
    Corps'', $20,000,000; and
    ``Family Housing Operation and Maintenance, Air Force'',
    $20,000,000.

    Sec. 130.  None <>  of the funds made available by this
    Act may be used to carry out the closure or realignment of the United
    States Naval Station, Guantanamo Bay, Cuba.

    Sec. 131.
    <> Notwithstanding any other
    provision of law, none of the funds appropriated or otherwise made
    available by this or any other Act may be used to consolidate or
    relocate any element of a United States Air Force Rapid Engineer
    Deployable Heavy Operational Repair Squadron Engineer (RED HORSE)
    outside of the United States until the Secretary of the Air Force: (1)
    completes an analysis and comparison of the cost and infrastructure
    investment required to consolidate or relocate a RED HORSE squadron
    outside of the United States versus within the United States; (2)
    provides to the Committees on Appropriations of both Houses of Congress
    (``the Committees'') a report detailing the findings of the cost
    analysis; and (3) certifies in writing to the Committees that the
    preferred site for the consolidation or relocation yields the greatest
    savings for the Air Force:  Provided, That <>  the
    term ``United States'' in this section does not include any territory or
    possession of the United States.

    Sec. 132.  For an additional amount for the accounts and in the
    amounts specified for planning and design, for improving military
    installation resilience, to remain available until September 30, 2025:

    [[Page 1664]]

    ``Military Construction, Army'', $4,000,000;
    ``Military Construction, Navy and Marine Corps'',
    $7,000,000; and
    ``Military Construction, Air Force'', $4,000,000:

    Provided, That <>  not later than
    60 days after enactment of this Act, the Secretary of the military
    department concerned, or his or her designee, shall submit to the
    Committees on Appropriations of both Houses of Congress an expenditure
    plan for funds provided under this section:  Provided further,
    That <>  the Secretary of the military department
    concerned may not obligate or expend any funds prior to approval by the
    Committees on Appropriations of both Houses of Congress of the
    expenditure plan required by this section.

    Sec. 133.  For an additional amount for ``Military Construction,
    Navy and Marine Corps'', $32,200,000, to remain available until
    September 30, 2025, for child development center construction:
    Provided, That projects funded using amounts available under this
    section are subject to authorization prior to obligation and expenditure
    of funds to carry out construction:  Provided further,
    That <>  amounts made available under
    this section may not be obligated or expended until the Secretary of the
    Navy submits to the Committees on Appropriations of both Houses of
    Congress a detailed expenditure plan not later than 30 days after
    enactment of this Act.

    Sec. 134.  Of the unobligated balances available from prior
    appropriations Acts under the heading ``Department of Defense--Military
    Construction, Defense-Wide'', $131,000,000 is hereby rescinded, and in
    addition to amounts otherwise provided for this fiscal year, an amount
    of additional new budget authority equivalent to the amount rescinded
    pursuant to this section is hereby appropriated, to remain available
    until September 30, 2025, and shall be available for the same purposes
    and under the same authorities as provided under such heading:
    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism or as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That projects funded using
    amounts available under this section are subject to authorization prior
    to obligation and expenditure of funds to carry out construction:
    Provided further, That <>  amounts
    made available under this section may not be obligated or expended until
    the Secretary of Defense, or his or her designee, submits to the
    Committees on Appropriations of both Houses of Congress a detailed
    expenditure plan not later than 30 days after enactment of this Act.

    [[Page 1665]]

    TITLE II

    DEPARTMENT OF VETERANS AFFAIRS

    Veterans Benefits Administration

    compensation and pensions

    (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans
    and a pilot program for disability examinations as authorized by section
    107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
    States Code; pension benefits to or on behalf of veterans as authorized
    by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
    burial benefits, the Reinstated Entitlement Program for Survivors,
    emergency and other officers' retirement pay, adjusted-service credits
    and certificates, payment of premiums due on commercial life insurance
    policies guaranteed under the provisions of title IV of the
    Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for
    other benefits as authorized by sections 107, 1312, 1977, and 2106, and
    chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $6,110,251,552, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2020, to remain available until expended; and, in addition,
    $130,227,650,000, which shall become available on October 1, 2021, to
    remain available until expended:  Provided,
    That <>  not to exceed $20,115,000 of the amount
    made available for fiscal year 2022 under this heading shall be
    reimbursed to ``General Operating Expenses, Veterans Benefits
    Administration'', and ``Information Technology Systems'' for necessary
    expenses in implementing the provisions of chapters 51, 53, and 55 of
    title 38, United States Code, the funding source for which is
    specifically provided as the ``Compensation and Pensions''
    appropriation:  Provided further, That <>  such
    sums as may be earned on an actual qualifying patient basis, shall be
    reimbursed to ``Medical Care Collections Fund'' to augment the funding
    of individual medical facilities for nursing home care provided to
    pensioners as authorized:  Provided further, That funds recovered
    (including refunds and reimbursable activity) from fiscal year 2020
    obligations and disbursements made with funds that became available on
    October 1, 2019, as provided under this heading in title II of division
    C of Public Law 115-244, shall be available until expended.

    readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on
    behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36,
    39, 41, 51, 53, 55, and 61 of title 38, United States Code,
    $14,946,618,000, which shall become available on October 1, 2021, to
    remain available until expended:  Provided, That expenses for
    rehabilitation program services and assistance which the Secretary is
    authorized to provide under subsection (a) of section 3104 of title 38,
    United States Code, other than under paragraphs (1), (2), (5), and (11)
    of that subsection, shall be charged to this account.

    [[Page 1666]]

    veterans insurance and indemnities

    For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by chapters 19 and 21 of
    title 38, United States Code, $2,148,000, which shall be in addition to
    funds previously appropriated under this heading that became available
    on October 1, 2020, to remain available until expended; and, in
    addition, $136,950,000, which shall become available on October 1, 2021,
    to remain available until expended.

    veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That, during fiscal year 2021, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $204,400,000.

    vocational rehabilitation loans program account

    For the cost of direct loans, $33,826, as authorized by chapter 31
    of title 38, United States Code:  Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974:  Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $2,469,522.
    In addition, for administrative expenses necessary to carry out the
    direct loan program, $424,272, which may be paid to the appropriation
    for ``General Operating Expenses, Veterans Benefits Administration''.

    native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $1,186,000.

    general operating expenses, veterans benefits administration

    For necessary operating expenses of the Veterans Benefits
    Administration, not otherwise provided for, including hire of passenger
    motor vehicles, reimbursement of the General Services Administration for
    security guard services, and reimbursement of the Department of Defense
    for the cost of overseas employee mail, $3,180,000,000:  Provided,
    That <>  expenses for services and assistance
    authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
    of title 38, United States Code, that the Secretary of Veterans Affairs
    determines are necessary to enable entitled veterans: (1) to the maximum
    extent feasible, to become employable and to

    [[Page 1667]]

    obtain and maintain suitable employment; or (2) to achieve maximum
    independence in daily living, shall be charged to this account:
    Provided further, That, of the funds made available under this heading,
    not to exceed 10 percent shall remain available until September 30,
    2022.

    Veterans Health Administration

    medical services

    For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, bioengineering services, food services,
    and salaries and expenses of healthcare employees hired under title 38,
    United States Code, assistance and support services for caregivers as
    authorized by section 1720G of title 38, United States Code, loan
    repayments authorized by section 604 of the Caregivers and Veterans
    Omnibus Health Services Act of 2010 (Public Law 111-163; 124 Stat. 1174;
    38 U.S.C. 7681 note), monthly assistance allowances authorized by
    section 322(d) of title 38, United States Code, grants authorized by
    section 521A of title 38, United States Code, and administrative
    expenses necessary to carry out sections 322(d) and 521A of title 38,
    United States Code, and hospital care and medical services authorized by
    section 1787 of title 38, United States Code; $497,468,000, which shall
    be in addition to funds previously appropriated under this heading that
    became available on October 1, 2020; and, in addition, $58,897,219,000,
    plus reimbursements, shall become available on October 1, 2021, and
    shall remain available until September 30, 2022:  Provided, That, of the
    amount made available on October 1, 2021, under this heading,
    $1,500,000,000 shall remain available until September 30, 2023:
    Provided further, That, <>  notwithstanding any other
    provision of law, the Secretary of Veterans Affairs shall establish a
    priority for the provision of medical treatment for veterans who have
    service-connected disabilities, lower income, or have special needs:
    Provided further, That, <>  notwithstanding any other
    provision of law, the Secretary of Veterans Affairs shall give priority
    funding for the provision of basic medical benefits to veterans in
    enrollment priority groups 1 through 6:  Provided further,
    That, <>  notwithstanding any
    other provision of law, the Secretary of Veterans Affairs may authorize
    the dispensing of prescription drugs from Veterans Health Administration
    facilities to enrolled veterans with privately written prescriptions
    based on requirements established by the Secretary:  Provided further,
    That the implementation of the program described in the previous proviso
    shall incur no additional cost to the Department of Veterans Affairs:
    Provided further, That the Secretary of Veterans Affairs shall ensure
    that sufficient amounts appropriated under this heading for medical
    supplies and equipment are available for the acquisition of prosthetics
    designed specifically for female veterans.

    medical community care

    For necessary expenses for furnishing health care to individuals
    pursuant to chapter 17 of title 38, United States Code, at non-

    [[Page 1668]]

    Department facilities, $1,380,800,000, which shall be in addition to
    funds previously appropriated under this heading that became available
    on October 1, 2020; and, in addition, $20,148,244,000, plus
    reimbursements, shall become available on October 1, 2021, and shall
    remain available until September 30, 2022:  Provided, That, of the
    amount made available on October 1, 2021, under this heading,
    $2,000,000,000 shall remain available until September 30, 2023.

    medical support and compliance

    For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.),
    $300,000,000, which shall be in addition to funds previously
    appropriated under this heading that became available on October 1,
    2020; and, in addition, $8,403,117,000, plus reimbursements, shall
    become available on October 1, 2021, and shall remain available until
    September 30, 2022:  Provided, That, of the amount made available on
    October 1, 2021, under this heading, $200,000,000 shall remain available
    until September 30, 2023.

    medical facilities

    For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, domiciliary facilities, and other necessary
    facilities of the Veterans Health Administration; for administrative
    expenses in support of planning, design, project management, real
    property acquisition and disposition, construction, and renovation of
    any facility under the jurisdiction or for the use of the Department;
    for oversight, engineering, and architectural activities not charged to
    project costs; for repairing, altering, improving, or providing
    facilities in the several hospitals and homes under the jurisdiction of
    the Department, not otherwise provided for, either by contract or by the
    hire of temporary employees and purchase of materials; for leases of
    facilities; and for laundry services; $150,000,000, which shall be in
    addition to funds previously appropriated under this heading that became
    available on October 1, 2020; and, in addition, $6,734,680,000, plus
    reimbursements, shall become available on October 1, 2021, and shall
    remain available until September 30, 2022:  Provided, That, of the
    amount made available on October 1, 2021, under this heading,
    $350,000,000 shall remain available until September 30, 2023.

    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of title
    38, United States Code, $815,000,000, plus reimbursements, shall remain
    available until September 30, 2022:  Provided, That the Secretary of
    Veterans Affairs shall ensure that sufficient

    [[Page 1669]]

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

    National Cemetery Administration

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

    Departmental Administration

    general administration

    (including transfer of funds)

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

    board of veterans appeals

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

    information technology systems

    (including transfer of funds)

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

    [[Page 1670]]

    $495,546,000 shall be for information technology systems development,
    and shall remain available until September 30, 2022:  Provided further,
    That amounts made available for salaries and expenses, operations and
    maintenance, and information technology systems development may be
    transferred among the three subaccounts after the Secretary of Veterans
    Affairs requests from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and an approval is issued:
    Provided further, That amounts made available for the ``Information
    Technology Systems'' account for development may be transferred among
    projects or to newly defined projects:  Provided further,
    That <>  no project may be increased or decreased by
    more than $1,000,000 of cost prior to submitting a request to the
    Committees on Appropriations of both Houses of Congress to make the
    transfer and an approval is issued, or absent a response, a period of 30
    days has elapsed:  Provided further, That the funds made available under
    this heading for information technology systems development shall be for
    the projects, and in the amounts, specified under this heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

    veterans electronic health record

    For activities related to implementation, preparation, development,
    interface, management, rollout, and maintenance of a Veterans Electronic
    Health Record system, including contractual costs associated with
    operations authorized by section 3109 of title 5, United States Code,
    and salaries and expenses of employees hired under titles 5 and 38,
    United States Code, $2,627,000,000, to remain available until September
    30, 2023:  Provided, That <>  the Secretary of Veterans
    Affairs shall submit to the Committees on Appropriations of both Houses
    of Congress quarterly reports detailing obligations, expenditures, and
    deployment implementation by facility, including any changes from the
    deployment plan or schedule:  Provided further, That the funds provided
    in this account shall only be available to the Office of the Deputy
    Secretary, to be administered by that Office:  Provided further,
    That <>  25 percent of
    the funds made available under this heading shall not be available until
    July 1, 2021, and are contingent upon the Secretary of Veterans Affairs
    providing a certification within 7 days prior to that date to the
    Committees on Appropriations of any changes to the deployment schedules.

    office of inspector general

    For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $228,000,000, of which
    not to exceed 10 percent shall remain available until September 30,
    2022.

    construction, major projects

    For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for,

    [[Page 1671]]

    including planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,316,000,000, of
    which $980,638,000 shall remain available until September 30, 2025, and
    of which $335,362,000 shall remain available until expended, of which
    $180,198,000 shall be available for seismic improvement projects and
    seismic program management activities, including for projects that would
    otherwise be funded by the Construction, Minor Projects, Medical
    Facilities or National Cemetery Administration accounts:  Provided,
    That <>  except for advance planning activities,
    including needs assessments which may or may not lead to capital
    investments, and other capital asset management related activities,
    including portfolio development and management activities, and
    investment strategy studies funded through the advance planning fund and
    the planning and design activities funded through the design fund,
    including needs assessments which may or may not lead to capital
    investments, and funds provided for the purchase, security, and
    maintenance of land for the National Cemetery Administration through the
    land acquisition line item, none of the funds made available under this
    heading shall be used for any project that has not been notified to
    Congress through the budgetary process or that has not been approved by
    the Congress through statute, joint resolution, or in the explanatory
    statement accompanying such Act and presented to the President at the
    time of enrollment:  Provided further, That <>
    such sums as may be necessary shall be available to reimburse the
    ``General Administration'' account for payment of salaries and expenses
    of all Office of Construction and Facilities Management employees to
    support the full range of capital infrastructure services provided,
    including minor construction and leasing services:  Provided further,
    That <>  funds made available under this
    heading for fiscal year 2021, for each approved project shall be
    obligated: (1) by the awarding of a construction documents contract by
    September 30, 2021; and (2) by the awarding of a construction contract
    by September 30, 2022:  Provided further, That <>  the
    Secretary of Veterans Affairs shall promptly submit to the Committees on
    Appropriations of both Houses of Congress a written report on any
    approved major construction project for which obligations are not
    incurred within the time limitations established above:  Provided
    further, That notwithstanding the requirements of section 8104(a) of
    title 38, United States Code, amounts made available under this heading
    for seismic improvement projects and seismic program management
    activities shall be available for the completion of both new and
    existing seismic projects of the Department.

    construction, minor projects

    For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or

    [[Page 1672]]

    for the use of the Department of Veterans Affairs, including planning
    and assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm drainage
    system construction costs, and site acquisition, or for any of the
    purposes set forth in sections 316, 2404, 2406 and chapter 81 of title
    38, United States Code, not otherwise provided for, where the estimated
    cost of a project is equal to or less than the amount set forth in
    section 8104(a)(3)(A) of title 38, United States Code, $390,000,000, to
    remain available until September 30, 2025, along with unobligated
    balances of previous ``Construction, Minor Projects'' appropriations
    which are hereby made available for any project where the estimated cost
    is equal to or less than the amount set forth in such section:
    Provided, That funds made available under this heading shall be for: (1)
    repairs to any of the nonmedical facilities under the jurisdiction or
    for the use of the Department which are necessary because of loss or
    damage caused by any natural disaster or catastrophe; and (2) temporary
    measures necessary to prevent or to minimize further loss by such
    causes.

    grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $90,000,000, to remain
    available until expended.

    grants for construction of veterans cemeteries

    For grants to assist States and tribal organizations in
    establishing, expanding, or improving veterans cemeteries as authorized
    by section 2408 of title 38, United States Code, $45,000,000, to remain
    available until expended.

    Administrative Provisions

    (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2021 for ``Compensation
    and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
    Indemnities'' may be transferred as necessary to any other of the
    mentioned appropriations:  Provided, That, <>
    before a transfer may take place, the Secretary of Veterans Affairs
    shall request from the Committees on Appropriations of both Houses of
    Congress the authority to make the transfer and such Committees issue an
    approval, or absent a response, a period of 30 days has elapsed.

    (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2021, in this or any other Act, under the
    ``Medical Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'' accounts may be

    [[Page 1673]]

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

    Sec. 203.  Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code; hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States Code.
    Sec. 204.  No appropriations in this title (except the
    appropriations for ``Construction, Major Projects'', and ``Construction,
    Minor Projects'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
    Sec. 205.  <> No appropriations in this title
    shall be available for hospitalization or examination of any persons
    (except beneficiaries entitled to such hospitalization or examination
    under the laws providing such benefits to veterans, and persons
    receiving such treatment under sections 7901 through 7904 of title 5,
    United States Code, or the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement
    of the cost of such hospitalization or examination is made to the
    ``Medical Services'' account at such rates as may be fixed by the
    Secretary of Veterans Affairs.

    Sec. 206.  Appropriations available in this title for ``Compensation
    and Pensions'', ``Readjustment Benefits'', and ``Veterans Insurance and
    Indemnities'' shall be available for payment of prior year accrued
    obligations required to be recorded by law against the corresponding
    prior year accounts within the last quarter of fiscal year 2020.
    Sec. 207.  Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year appropriations
    accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
    United States Code, except that if such obligations are from trust fund
    accounts they shall be payable only from ``Compensation and Pensions''.

    (including transfer of funds)

    Sec. 208.  <> Notwithstanding any other
    provision of law, during fiscal year 2021, the Secretary of Veterans
    Affairs shall, from the National Service Life Insurance Fund under
    section 1920 of title 38, United States Code, the Veterans' Special Life
    Insurance Fund

    [[Page 1674]]

    under section 1923 of title 38, United States Code, and the United
    States Government Life Insurance Fund under section 1955 of title 38,
    United States Code, reimburse the ``General Operating Expenses, Veterans
    Benefits Administration'' and ``Information Technology Systems''
    accounts for the cost of administration of the insurance programs
    financed through those accounts:  Provided, That <>
    reimbursement shall be made only from the surplus earnings accumulated
    in such an insurance program during fiscal year 2021 that are available
    for dividends in that program after claims have been paid and
    actuarially determined reserves have been set aside:  Provided further,
    That if the cost of administration of such an insurance program exceeds
    the amount of surplus earnings accumulated in that program,
    reimbursement shall be made only to the extent of such surplus earnings:
    Provided further, That <>  the
    Secretary shall determine the cost of administration for fiscal year
    2021 which is properly allocable to the provision of each such insurance
    program and to the provision of any total disability income insurance
    included in that insurance program.

    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

    (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management, the Office of Employment Discrimination
    Complaint Adjudication, and the Office of Diversity and Inclusion for
    all services provided at rates which will recover actual costs but not
    to exceed $60,096,000 for the Office of Resolution Management,
    $6,100,000 for the Office of Employment Discrimination Complaint
    Adjudication, and $5,294,000 for the Office of Diversity and Inclusion:
    Provided, That payments may be made in advance for services to be
    furnished based on estimated costs:  Provided further, That amounts
    received shall be credited to the ``General Administration'' and
    ``Information Technology Systems'' accounts for use by the office that
    provided the service.
    Sec. 211.  <> No funds of the
    Department of Veterans Affairs shall be available for hospital care,
    nursing home care, or medical services provided to any person under
    chapter 17 of title 38, United States Code, for a non-service-connected
    disability described in section 1729(a)(2) of such title, unless that
    person has disclosed to the Secretary of Veterans Affairs, in such form
    as the Secretary may require, current, accurate third-party
    reimbursement information for purposes of section 1729 of such title:
    Provided, That the Secretary may recover, in the same manner as any
    other debt due the United States, the reasonable charges for such care
    or services from any person who does not make such disclosure as
    required:  Provided further, That any amounts so recovered for care or
    services provided in a prior fiscal year may be obligated by the
    Secretary during the fiscal year in which amounts are received.

    [[Page 1675]]

    (including transfer of funds)

    Sec. 212.  Notwithstanding any other provision of law, proceeds or
    revenues derived from enhanced-use leasing activities (including
    disposal) may be deposited into the ``Construction, Major Projects'' and
    ``Construction, Minor Projects'' accounts and be used for construction
    (including site acquisition and disposition), alterations, and
    improvements of any medical facility under the jurisdiction or for the
    use of the Department of Veterans Affairs. Such sums as realized are in
    addition to the amount provided for in ``Construction, Major Projects''
    and ``Construction, Minor Projects''.
    Sec. 213.  Amounts made available under ``Medical Services'' are
    available--
    (1) for furnishing recreational facilities, supplies, and
    equipment; and
    (2) for funeral expenses, burial expenses, and other
    expenses incidental to funerals and burials for beneficiaries
    receiving care in the Department.

    (including transfer of funds)

    Sec. 214.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to the ``Medical Services'' and ``Medical
    Community Care'' accounts to remain available until expended for the
    purposes of these accounts.
    Sec. 215.  <> The
    Secretary of Veterans Affairs may enter into agreements with Federally
    Qualified Health Centers in the State of Alaska and Indian tribes and
    tribal organizations which are party to the Alaska Native Health Compact
    with the Indian Health Service, to provide healthcare, including
    behavioral health and dental care, to veterans in rural
    Alaska. <> The Secretary shall require
    participating veterans and facilities to comply with all appropriate
    rules and regulations, as established by the
    Secretary. <> The term ``rural Alaska'' shall mean
    those lands which are not within the boundaries of the municipality of
    Anchorage or the Fairbanks North Star Borough.

    (including transfer of funds)

    Sec. 216.  Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, Major
    Projects'' and ``Construction, Minor Projects'' accounts, to remain
    available until expended for the purposes of these accounts.
    Sec. 217.  <> Not later than 30 days after the end
    of each fiscal quarter, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a report
    on the financial status of the Department of Veterans Affairs for the
    preceding quarter:  Provided, That, at a minimum, the report shall
    include the direction contained in the paragraph entitled ``Quarterly
    reporting'', under the heading ``General Administration'' in the joint
    explanatory statement accompanying Public Law 114-223.

    [[Page 1676]]

    (including transfer of funds)

    Sec. 218.  Amounts made available under the ``Medical Services'',
    ``Medical Community Care'', ``Medical Support and Compliance'',
    ``Medical Facilities'', ``General Operating Expenses, Veterans Benefits
    Administration'', ``Board of Veterans Appeals'', ``General
    Administration'', and ``National Cemetery Administration'' accounts for
    fiscal year 2021 may be transferred to or from the ``Information
    Technology Systems'' account:  Provided, That such transfers may not
    result in a more than 10 percent aggregate increase in the total amount
    made available by this Act for the ``Information Technology Systems''
    account:  Provided further, That, before a transfer may take place, the
    Secretary of Veterans Affairs shall request from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and an approval is issued.

    (including transfer of funds)

    Sec. 219.  Of the amounts appropriated to the Department of Veterans
    Affairs for fiscal year 2021 for ``Medical Services'', ``Medical
    Community Care'', ``Medical Support and Compliance'', ``Medical
    Facilities'', ``Construction, Minor Projects'', and ``Information
    Technology Systems'', up to $322,932,000, plus reimbursements, may be
    transferred to the Joint Department of Defense--Department of Veterans
    Affairs Medical Facility Demonstration Fund, established by section 1704
    of the National Defense Authorization Act for Fiscal Year 2010 (Public
    Law 111-84; 123 Stat. 3571) and may be used for operation of the
    facilities designated as combined Federal medical facilities as
    described by section 706 of the Duncan Hunter National Defense
    Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat.
    4500):  Provided, That <>  additional funds may be
    transferred from accounts designated in this section to the Joint
    Department of Defense--Department of Veterans Affairs Medical Facility
    Demonstration Fund upon written notification by the Secretary of
    Veterans Affairs to the Committees on Appropriations of both Houses of
    Congress:  Provided further, That <>
    section 220 of title II of division F of Public Law 116-94 is repealed.

    (including transfer of funds)

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

    [[Page 1677]]

    (including transfer of funds)

    Sec. 221.  Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, for healthcare provided at facilities designated as combined
    Federal medical facilities as described by section 706 of the Duncan
    Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
    Law 110-417; 122 Stat. 4500) shall also be available: (1) for transfer
    to the Joint Department of Defense--Department of Veterans Affairs
    Medical Facility Demonstration Fund, established by section 1704 of the
    National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-
    84; 123 Stat. 3571); and (2) for operations of the facilities designated
    as combined Federal medical facilities as described by section 706 of
    the Duncan Hunter National Defense Authorization Act for Fiscal Year
    2009 (Public Law 110-417; 122 Stat. 4500):  Provided, That,
    notwithstanding section 1704(b)(3) of the National Defense Authorization
    Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), amounts
    transferred to the Joint Department of Defense--Department of Veterans
    Affairs Medical Facility Demonstration Fund shall remain available until
    expended.

    (including transfer of funds)

    Sec. 222.  Of the amounts available in this title for ``Medical
    Services'', ``Medical Community Care'', ``Medical Support and
    Compliance'', and ``Medical Facilities'', a minimum of $15,000,000 shall
    be transferred to the DOD-VA Health Care Sharing Incentive Fund, as
    authorized by section 8111(d) of title 38, United States Code, to remain
    available until expended, for any purpose authorized by section 8111 of
    title 38, United States Code.
    Sec. 223.  None of the funds available to the Department of Veterans
    Affairs, in this or any other Act, may be used to replace the current
    system by which the Veterans Integrated Service Networks select and
    contract for diabetes monitoring supplies and equipment.
    Sec. 224.  <> The Secretary of
    Veterans Affairs shall notify the Committees on Appropriations of both
    Houses of Congress of all bid savings in a major construction project
    that total at least $5,000,000, or 5 percent of the programmed amount of
    the project, whichever is less:  Provided, That <>
    such notification shall occur within 14 days of a contract identifying
    the programmed amount:  Provided further, That the Secretary shall
    notify the Committees on Appropriations of both Houses of Congress 14
    days prior to the obligation of such bid savings and shall describe the
    anticipated use of such savings.

    Sec. 225.  <> None of the funds made available for
    ``Construction, Major Projects'' may be used for a project in excess of
    the scope specified for that project in the original justification data
    provided to the Congress as part of the request for appropriations
    unless the Secretary of Veterans Affairs receives approval from the
    Committees on Appropriations of both Houses of Congress.

    Sec. 226.  <> Not later than 30 days after the
    end of each fiscal quarter, the Secretary of Veterans Affairs shall
    submit to the Committees on Appropriations of both Houses of Congress a
    quarterly report containing performance measures and data from each
    Veterans Benefits Administration Regional Office:  Provided, That, at a
    minimum, the report shall include the direction contained

    [[Page 1678]]

    in the section entitled ``Disability claims backlog'', under the heading
    ``General Operating Expenses, Veterans Benefits Administration'' in the
    joint explanatory statement accompanying Public Law 114-223:  Provided
    further, That the report shall also include information on the number of
    appeals pending at the Veterans Benefits Administration as well as the
    Board of Veterans Appeals on a quarterly basis.

    Sec. 227.  <> The Secretary of
    Veterans Affairs shall provide written notification to the Committees on
    Appropriations of both Houses of Congress 15 days prior to
    organizational changes which result in the transfer of 25 or more full-
    time equivalents from one organizational unit of the Department of
    Veterans Affairs to another.

    Sec. 228.  <> The Secretary of
    Veterans Affairs shall provide on a quarterly basis to the Committees on
    Appropriations of both Houses of Congress notification of any single
    national outreach and awareness marketing campaign in which obligations
    exceed $1,000,000.

    (including transfer of funds)

    Sec. 229.  <> The Secretary of Veterans
    Affairs, upon determination that such action is necessary to address
    needs of the Veterans Health Administration, may transfer to the
    ``Medical Services'' account any discretionary appropriations made
    available for fiscal year 2021 in this title (except appropriations made
    to the ``General Operating Expenses, Veterans Benefits Administration''
    account) or any discretionary unobligated balances within the Department
    of Veterans Affairs, including those appropriated for fiscal year 2021,
    that were provided in advance by appropriations Acts:  Provided, That
    transfers shall be made only with the approval of the Office of
    Management and Budget:  Provided further, That the transfer authority
    provided in this section is in addition to any other transfer authority
    provided by law:  Provided further, That no amounts may be transferred
    from amounts that were designated by Congress as an emergency
    requirement pursuant to a concurrent resolution on the budget or the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, That such authority to transfer may not be used unless for
    higher priority items, based on emergent healthcare requirements, than
    those for which originally appropriated and in no case where the item
    for which funds are requested has been denied by Congress:  Provided
    further, That, upon determination that all or part of the funds
    transferred from an appropriation are not necessary, such amounts may be
    transferred back to that appropriation and shall be available for the
    same purposes as originally appropriated:  Provided further, That before
    a transfer may take place, the Secretary of Veterans Affairs shall
    request from the Committees on Appropriations of both Houses of Congress
    the authority to make the transfer and receive approval of that request.

    (including transfer of funds)

    Sec. 230.  Amounts made available for the Department of Veterans
    Affairs for fiscal year 2021, under the ``Board of Veterans Appeals''
    and the ``General Operating Expenses, Veterans Benefits Administration''
    accounts may be transferred between such accounts:  Provided, That
    before a transfer may take place, the

    [[Page 1679]]

    Secretary of Veterans Affairs shall request from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and receive approval of that request.
    Sec. 231.  The Secretary of Veterans Affairs may not reprogram funds
    among major construction projects or programs if such instance of
    reprogramming will exceed $7,000,000, unless such reprogramming is
    approved by the Committees on Appropriations of both Houses of Congress.
    Sec. 232. (a) The Secretary of Veterans Affairs shall ensure that
    the toll-free suicide hotline under section 1720F(h) of title 38, United
    States Code--
    (1) provides to individuals who contact the hotline
    immediate assistance from a trained professional; and
    (2) adheres to all requirements of the American Association
    of Suicidology.

    (b)(1) None of the funds made available by this Act may be used to
    enforce or otherwise carry out any Executive action that prohibits the
    Secretary of Veterans Affairs from appointing an individual to occupy a
    vacant civil service position, or establishing a new civil service
    position, at the Department of Veterans Affairs with respect to such a
    position relating to the hotline specified in subsection (a).
    (2) <> In this subsection--
    (A) the term ``civil service'' has the meaning given such
    term in section 2101(1) of title 5, United States Code; and
    (B) the term ``Executive action'' includes--
    (i) any Executive order, presidential memorandum, or
    other action by the President; and
    (ii) any agency policy, order, or other directive.

    (c)(1) <> The Secretary
    of Veterans Affairs shall conduct a study on the effectiveness of the
    hotline specified in subsection (a) during the 5-year period beginning
    on January 1, 2016, based on an analysis of national suicide data and
    data collected from such hotline.

    (2) <> At a minimum, the study required by
    paragraph (1) shall--
    (A) determine the number of veterans who contact the hotline
    specified in subsection (a) and who receive follow up services
    from the hotline or mental health services from the Department
    of Veterans Affairs thereafter;
    (B) determine the number of veterans who contact the hotline
    who are not referred to, or do not continue receiving, mental
    health care who commit suicide; and
    (C) determine the number of veterans described in
    subparagraph (A) who commit or attempt suicide.

    Sec. 233.  <> Effective during
    the period beginning on October 1, 2018 and ending on January 1, 2024,
    none of the funds made available to the Secretary of Veterans Affairs by
    this or any other Act may be obligated or expended in contravention of
    the ``Veterans Health Administration Clinical Preventive Services
    Guidance Statement on the Veterans Health Administration's Screening for
    Breast Cancer Guidance'' published on May 10, 2017, as issued by the
    Veterans Health Administration National Center for Health Promotion and
    Disease Prevention.

    Sec. 234. (a) Notwithstanding any other provision of law, the
    amounts appropriated or otherwise made available to the Department of
    Veterans Affairs for the ``Medical Services'' account may be used to
    provide--

    [[Page 1680]]

    (1) fertility counseling and treatment using assisted
    reproductive technology to a covered veteran or the spouse of a
    covered veteran; or
    (2) adoption reimbursement to a covered veteran.

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

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

    [[Page 1681]]

    Sec. 237. <> (a) Except as provided in subsection (b), the Secretary of
    Veterans Affairs, in consultation with the Secretary of Defense and the
    Secretary of Labor, shall discontinue using Social Security account
    numbers to identify individuals in all information systems of the
    Department of Veterans Affairs as follows:
    (1) For all veterans submitting to the Secretary of Veterans
    Affairs new claims for benefits under laws administered by the
    Secretary, not later than March 23, 2023.
    (2) For all individuals not described in paragraph (1), not
    later than March 23, 2026.

    (b) The Secretary of Veterans Affairs may use a Social Security
    account number to identify an individual in an information system of the
    Department of Veterans Affairs if and only if the use of such number is
    required to obtain information the Secretary requires from an
    information system that is not under the jurisdiction of the Secretary.
    (c) The matter in subsections (a) and (b) shall supersede section
    238 of Public Law 116-94.
    Sec. 238.  <> For funds provided to the
    Department of Veterans Affairs for each of fiscal year 2021 and 2022 for
    ``Medical Services'', section 239 of division A of Public Law 114-223
    shall apply.

    Sec. 239.  None of the funds appropriated in this or prior
    appropriations Acts or otherwise made available to the Department of
    Veterans Affairs may be used to transfer any amounts from the Filipino
    Veterans Equity Compensation Fund to any other account within the
    Department of Veterans Affairs.
    Sec. 240.  Of the funds provided to the Department of Veterans
    Affairs for each of fiscal year 2021 and fiscal year 2022 for ``Medical
    Services'', funds may be used in each year to carry out and expand the
    child care program authorized by section 205 of Public Law 111-163,
    notwithstanding subsection (e) of such section.
    Sec. 241.  None of the funds appropriated or otherwise made
    available in this title may be used by the Secretary of Veterans Affairs
    to enter into an agreement related to resolving a dispute or claim with
    an individual that would restrict in any way the individual from
    speaking to members of Congress or their staff on any topic not
    otherwise prohibited from disclosure by Federal law or required by
    Executive order to be kept secret in the interest of national defense or
    the conduct of foreign affairs.
    Sec. 242.  <> For funds provided to the
    Department of Veterans Affairs for each of fiscal year 2021 and 2022,
    section 258 of division A of Public Law 114-223 shall apply.

    Sec. 243. <> (a) None of the funds appropriated or
    otherwise made available by this Act may be used to deny an Inspector
    General funded under this Act timely access to any records, documents,
    or other materials available to the department or agency of the United
    States Government over which such Inspector General has responsibilities
    under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
    or impede the access of such Inspector General to such records,
    documents, or other materials, under any provision of law, except a
    provision of law that expressly refers to such Inspector General and
    expressly limits the right of access of such Inspector General.

    (b) A department or agency covered by this section shall provide its
    Inspector General access to all records, documents, and other materials
    in a timely manner.

    [[Page 1682]]

    (c) <> Each Inspector General covered by this
    section shall ensure compliance with statutory limitations on disclosure
    relevant to the information provided by the department or agency over
    which that Inspector General has responsibilities under the Inspector
    General Act of 1978 (5 U.S.C. App.).

    (d) <> Each Inspector General covered by this
    section shall report to the Committee on Appropriations of the Senate
    and the Committee on Appropriations of the House of Representatives
    within 5 calendar days of any failure by any department or agency
    covered by this section to comply with this section.

    Sec. 244.  None of the funds made available in this Act may be used
    in a manner that would increase wait times for veterans who seek care at
    medical facilities of the Department of Veterans Affairs.
    Sec. 245.  <> None of
    the funds appropriated or otherwise made available by this Act to the
    Veterans Health Administration may be used in fiscal year 2021 to
    convert any program which received specific purpose funds in fiscal year
    2020 to a general purpose funded program unless the Secretary of
    Veterans Affairs submits written notification of any such proposal to
    the Committees on Appropriations of both Houses of Congress at least 30
    days prior to any such action and an approval is issued by the
    Committees.

    Sec. 246.  For <>  funds provided to the
    Department of Veterans Affairs for each of fiscal year 2021 and 2022,
    section 248 of division A of Public Law 114-223 shall apply.

    Sec. 247. (a) <>  None of
    the funds appropriated or otherwise made available by this Act may be
    used to conduct research commencing on or after October 1, 2019, that
    uses any canine, feline, or non-human primate unless the Secretary of
    Veterans Affairs approves such research specifically and in writing
    pursuant to subsection (b).

    (b)(1) <>  The Secretary of
    Veterans Affairs may approve the conduct of research commencing on or
    after October 1, 2019, using canines, felines, or non-human primates if
    the Secretary determines that--
    (A) the scientific objectives of the research can only be
    met by using such canines, felines, or non-human primates;
    (B) such scientific objectives are directly related to an
    illness or injury that is combat-related; and
    (C) the research is consistent with the revised Department
    of Veterans Affairs canine research policy document dated
    December 15, 2017, including any subsequent revisions to such
    document.
    (2) The Secretary may not delegate the authority under this
    subsection.

    (c) If <>  the Secretary approves any new research
    pursuant to subsection (b), not later than 30 days before the
    commencement of such research, the Secretary shall submit to the
    Committees on Appropriations of the Senate and House of Representatives
    a report describing--
    (1) the nature of the research to be conducted using
    canines, felines, or non-human primates;
    (2) the date on which the Secretary approved the research;
    (3) the justification for the determination of the Secretary
    that the scientific objectives of such research could only be
    met using canines, felines, or non-human primates;
    (4) the frequency and duration of such research; and

    [[Page 1683]]

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

    (d) <> Not later than 180 days after the date of the
    enactment of this Act, and biannually thereafter, the Secretary shall
    submit to such Committees a report describing--
    (1) any research being conducted by the Department of
    Veterans Affairs using canines, felines, or non-human primates
    as of the date of the submittal of the report;
    (2) the circumstances under which such research was
    conducted using canines, felines, or non-human primates;
    (3) the justification for using canines, felines, or non-
    human primates to conduct such research; and
    (4) the protocols in place to ensure the necessity, safety,
    and efficacy of such research.

    (e) <> Not later than December 31, 2021, the
    Secretary shall submit to such Committees an updated plan under which
    the Secretary will eliminate or reduce the research conducted using
    canines, felines, or non-human primates by not later than 5 years after
    the date of enactment of Public Law 116-94.

    Sec. 248. (a) The Secretary of Veterans Affairs may use amounts
    appropriated or otherwise made available in this title to ensure that
    the ratio of veterans to full-time employment equivalents within any
    program of rehabilitation conducted under chapter 31 of title 38, United
    States Code, does not exceed 125 veterans to one full-time employment
    equivalent.
    (b) <> Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit to Congress a report
    on the programs of rehabilitation conducted under chapter 31 of title
    38, United States Code, including--
    (1) <> an assessment of the veteran-to-
    staff ratio for each such program; and
    (2) <> recommendations for such
    action as the Secretary considers necessary to reduce the
    veteran-to-staff ratio for each such program.

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

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

    [[Page 1684]]

    $660,691,000 shall be made available for gender-specific care for women.
    Sec. 253 (a) <>  Plan Required.--Not later than 90
    days after the date of the enactment of this Act, the Secretary of
    Veterans Affairs shall submit to the appropriate committees of Congress
    a plan to reduce the chances that clinical mistakes by employees of the
    Department of Veterans Affairs will result in adverse events that
    require institutional or clinical disclosures and to prevent any
    unnecessary hardship for patients and families impacted by such adverse
    events.

    (b) Elements.--The plan required by subsection (a) shall include the
    following:
    (1) A description of a process for the timely identification
    of individuals impacted by disclosures described in subsection
    (a) and the process for contacting those individuals or their
    next of kin.
    (2) A description of procedures for expediting any remedial
    or follow-up care required for those individuals.
    (3) A detailed outline of proposed changes to the process of
    the Department for clinical quality checks and oversight.
    (4) A communication plan to ensure all facilities of the
    Department are made aware of any requirements updated pursuant
    to the plan.
    (5) <> A timeline detailing the
    implementation of the plan.
    (6) An identification of the senior executive of the
    Department responsible for ensuring compliance with the plan.
    (7) An identification of potential impacts of the plan on
    timely diagnoses for patients.
    (8) An identification of the processes and procedures for
    employees of the Department to make leadership at the facility
    and the Department aware of adverse events that are concerning
    and that result in disclosures and to ensure that the medical
    impact on veterans of such disclosures is minimized.

    (c) Appropriate Committees of Congress Defined.--In this section,
    the term ``appropriate committees of Congress'' means--
    (1) the Committee on Veterans' Affairs and the Subcommittee
    on Military Construction, Veterans Affairs, and Related Agencies
    of the Committee on Appropriations of the Senate; and
    (2) the Committee on Veterans' Affairs and the Subcommittee
    on Military Construction, Veterans Affairs, and Related Agencies
    of the Committee on Appropriations of the House of
    Representatives.

    (rescissions of funds)

    Sec. 254.  Of the unobligated balances available to the Department
    of Veterans Affairs from prior appropriations Acts, the following funds
    are hereby rescinded from the following accounts in the amounts
    specified:
    ``Veterans Benefits Administration, General Operating
    Expenses, Veterans Benefits Administration'', $16,000,000;
    ``Veterans Health Administration, Medical Services'',
    $100,000,000;
    ``Veterans Health Administration, Medical Support and
    Compliance'', $15,000,000;

    [[Page 1685]]

    ``Veterans Health Administration, Medical and Prosthetic
    Research'', $20,000,000;
    ``Departmental Administration, General Administration'',
    $12,000,000;
    ``Departmental Administration, Information Technology
    Systems'', $37,500,000;
    ``Departmental Administration, Veterans Electronic Health
    Record'', $20,000,000; and
    ``Departmental Administration, Construction, Minor
    Projects'', $35,700,000:

    Provided, That no amounts may be rescinded from amounts that were
    designated by the Congress as an emergency requirement pursuant to a
    concurrent resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    TITLE III

    RELATED AGENCIES

    American Battle Monuments Commission

    salaries and expenses

    For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $15,000
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $84,100,000, to remain available until expended.

    foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, such sums as may be necessary, to remain
    available until expended, for purposes authorized by section 2109 of
    title 36, United States Code.

    United States Court of Appeals for Veterans Claims

    salaries and expenses

    For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $37,100,000:  Provided, That
    $3,286,509 shall be available for the purpose of providing financial
    assistance as described and in accordance with the process and reporting
    procedures set forth under this heading in Public Law 102-229.

    [[Page 1686]]

    Department of Defense--Civil

    Cemeterial Expenses, Army

    salaries and expenses

    For necessary expenses for maintenance, operation, and improvement
    of Arlington National Cemetery and Soldiers' and Airmen's Home National
    Cemetery, including the purchase or lease of passenger motor vehicles
    for replacement on a one-for-one basis only, and not to exceed $2,000
    for official reception and representation expenses, $81,815,000, of
    which not to exceed $15,000,000 shall remain available until September
    30, 2023. In addition, such sums as may be necessary for parking
    maintenance, repairs and replacement, to be derived from the ``Lease of
    Department of Defense Real Property for Defense Agencies'' account.

    Armed Forces Retirement Home

    trust fund

    For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia, and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $75,300,000, to remain available until
    September 30, 2022, of which $9,000,000 shall remain available until
    expended for construction and renovation of the physical plants at the
    Armed Forces Retirement Home--Washington, District of Columbia, and the
    Armed Forces Retirement Home--Gulfport, Mississippi:  Provided, That of
    the amounts made available under this heading from funds available in
    the Armed Forces Retirement Home Trust Fund, $22,000,000 shall be paid
    from the general fund of the Treasury to the Trust Fund.

    Administrative Provision

    Sec. 301.  Amounts deposited into the special account established
    under 10 U.S.C. 7727 are appropriated and shall be available until
    expended to support activities at the Army National Military Cemeteries.

    TITLE IV

    OVERSEAS CONTINGENCY OPERATIONS

    DEPARTMENT OF DEFENSE

    Military Construction, Army

    For an additional amount for ``Military Construction, Army'',
    $16,111,000, to remain available until September 30, 2025, for projects
    outside of the United States:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    [[Page 1687]]

    Military Construction, Navy and Marine Corps

    For an additional amount for ``Military Construction, Navy and
    Marine Corps'', $70,020,000, to remain available until September 30,
    2025, for projects outside of the United States:  Provided, That such
    amount is designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force''
    $263,869,000, to remain available until September 30, 2025, for projects
    outside of the United States:  Provided, That such amount is designated
    by the Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    Administrative Provision

    Sec. 401.  <> None
    of the funds appropriated for military construction projects outside the
    United States under this title may be obligated or expended for planning
    and design of any project associated with the European Deterrence
    Initiative until the Secretary of Defense develops and submits to the
    congressional defense committees, in a classified and unclassified
    format, a list of all of the military construction projects associated
    with the European Deterrence Initiative which the Secretary anticipates
    will be carried out during each of the fiscal years 2022 through 2026.

    TITLE V

    GENERAL PROVISIONS

    Sec. 501.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 502.  None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
    Sec. 503.  All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
    Sec. 504.  <> Unless stated
    otherwise, all reports and notifications required by this Act shall be
    submitted to the Subcommittee on Military Construction and Veterans
    Affairs, and Related Agencies of the Committee on Appropriations of the
    House of Representatives and the Subcommittee on Military Construction
    and Veterans Affairs, and Related Agencies of the Committee on
    Appropriations of the Senate.

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

    [[Page 1688]]

    the United States Government except pursuant to a transfer made by, or
    transfer authority provided in, this or any other appropriations Act.
    Sec. 506.  None of the funds made available in this Act may be used
    for a project or program named for an individual serving as a Member,
    Delegate, or Resident Commissioner of the United States House of
    Representatives.
    Sec. 507. <> (a) Any agency receiving funds
    made available in this Act, shall, subject to subsections (b) and (c),
    post on the public Web site of that agency any report required to be
    submitted by the Congress in this or any other Act, upon the
    determination by the head of the agency that it shall serve the national
    interest.

    (b) Subsection (a) shall not apply to a report if--
    (1) the public posting of the report compromises national
    security; or
    (2) the report contains confidential or proprietary
    information.

    (c) <> The head of the agency posting such
    report shall do so only after such report has been made available to the
    requesting Committee or Committees of Congress for no less than 45 days.

    Sec. 508. (a) <> None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 509.  None of the funds made available in this Act may be used
    by an agency of the executive branch to pay for first-class travel by an
    employee of the agency in contravention of sections 301-10.122 through
    301-10.124 of title 41, Code of Federal Regulations.
    Sec. 510.  <> None of the funds made available in
    this Act may be used to execute a contract for goods or services,
    including construction services, where the contractor has not complied
    with Executive Order No. 12989.

    Sec. 511.  None of the funds made available by this Act may be used
    in contravention of section 101(e)(8) of title 10, United States Code.
    Sec. 512. (a) <>  In General.--None of the
    funds appropriated or otherwise made available to the Department of
    Defense in this Act may be used to construct, renovate, or expand any
    facility in the United States, its territories, or possessions to house
    any individual detained at United States Naval Station, Guantanamo Bay,
    Cuba, for the purposes of detention or imprisonment in the custody or
    under the control of the Department of Defense.

    (b) The prohibition in subsection (a) shall not apply to any
    modification of facilities at United States Naval Station, Guantanamo
    Bay, Cuba.
    (c) An individual described in this subsection is any individual
    who, as of June 24, 2009, is located at United States Naval Station,
    Guantanamo Bay, Cuba, and who--
    (1) is not a citizen of the United States or a member of the
    Armed Forces of the United States; and
    (2) is--

    [[Page 1689]]

    (A) in the custody or under the effective control of
    the Department of Defense; or
    (B) otherwise under detention at United States Naval
    Station, Guantanamo Bay, Cuba.

    Sec. 513.  <> Title X of division B of the
    Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
    136) <>  is amended under the heading ``Department
    of Veterans Affairs--Departmental Administration--Grants for
    Construction of State Extended Care Facilities'' by striking ``including
    to modify or alter existing hospital, nursing home, and domiciliary
    facilities in State homes: Provided,'' and inserting in lieu thereof the
    following: ``which shall be for modifying or altering existing hospital,
    nursing home, and domiciliary facilities in State homes or for
    previously awarded projects, for covering construction cost increases
    due to the coronavirus: Provided, That the Secretary shall conduct a new
    competition or competitions to award grants to States using funds
    provided under this heading in this Act: Provided
    further, <> That such grants may be made to
    reimburse States for the costs of modifications or alterations that have
    been initiated or completed before an application for a grant under this
    section is approved by the Secretary: Provided further, That such grants
    may be made to assist States with covering increased construction and
    construction administration costs as a result of the coronavirus that
    will or have occurred on previously awarded projects: Provided further,
    That the use of funds provided under this heading in this Act shall not
    be subject to state matching fund requirements, application
    requirements, cost thresholds, priority lists, deadlines, award dates
    under sections 8134 and 8135 of title 38, United States Code, and part
    59 of chapter I of title 38, Code of Federal Regulations, and shall not
    be subject to requirements of section 501(d) of title 38, United States
    Code: Provided further, That the Secretary may establish and adjust
    rolling deadlines for applications for such grants and may issue
    multiple rounds of application periods for the award of such grants
    under this section: Provided further,'':  Provided, That amounts
    repurposed pursuant to this section that were previously designated by
    the Congress as an emergency requirement pursuant to the Balanced Budget
    and Emergency Deficit Control Act of 1985 are designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    Sec. 514.  <> Of the unobligated balances
    available to the Department of Veterans Affairs from title X of division
    B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
    116-136) for ``Veterans Health Administration, Medical Services'', funds
    may be transferred to the following accounts in the amounts specified:
    ``General Operating Expenses, Veterans Benefits
    Administration'', up to $140,000,000;
    ``National Cemetery Administration'', up to $26,000,000; and
    ``Departmental Administration, Board of Veterans Appeals'',
    up to $1,000,000:

    Provided, That the transferred funds shall be used for personnel costs
    and other expenses to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including the elimination of backlogs
    that may have occurred:  Provided further, That the transferred funds
    shall be in addition to any other funds made

    [[Page 1690]]

    available for this purpose:  Provided further, That the transferred
    funds may not be used to increase the number of full-time equivalent
    positions:  Provided further, That the amounts transferred in this
    section that were previously designated by the Congress as an emergency
    requirement pursuant to the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
    Sec. 515.  <> Of the unobligated balances
    available to the Department of Veterans Affairs from title X of division
    B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
    116-136) for ``Veterans Health Administration, Medical Services'', funds
    may be transferred to the following accounts in the amounts specified:
    ``General Operating Expenses, Veterans Benefits
    Administration'', up to $198,000,000; and
    ``Departmental Administration, Information Technology
    Systems'', up to $45,000,000:

    Provided, That the transferred funds shall be used to prevent, prepare
    for, and respond to coronavirus, domestically or internationally, to
    improve the Veterans Benefits Administration's education systems,
    including implementation of changes to chapters 30 through 36 of part
    III of title 38, United States Code in the Harry W. Colmery Veterans
    Educational Assistance Act of 2017 (Public Law 115-48), in a bill to
    authorize the Secretary of Veterans Affairs to treat certain programs of
    education converted to distance learning by reason of emergencies and
    health-related situations in the same manner as programs of education
    pursued at educational institutions, and for other purposes (Public Law
    116-128), and in the Student Veteran Coronavirus Response Act of 2020
    (Public Law 116-140):  Provided further, That funds transferred to
    ``Departmental Administration, Information Technology Systems'' pursuant
    to this section shall be transferred to the information technology
    systems development subaccount:  Provided further, That the transferred
    funds shall be in addition to any other funds made available for this
    purpose:  Provided further, That the amounts transferred in this section
    that were previously designated by the Congress as an emergency
    requirement pursuant to the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
    Sec. 516.  Section 20013(b) of the Coronavirus Aid, Relief, and
    Economic Security Act (Public Law 116-136) <>  is
    amended--
    (1) by redesignating paragraphs (1) and (2) as subparagraphs
    (A) and (B), respectively;
    (2) in the matter preceding subparagraph (A), as so
    redesignated, by inserting ``(1)'' before ``In the case''; and
    (3) by adding at the end the following: ``(2) If the
    Secretary waives any limit on grant amounts or rates for per
    diem payments under paragraph (1), notwithstanding section
    2012(a)(2)(B) of such title, the maximum rate for per diem
    payments described in paragraph (1)(B) shall be three times the
    rate authorized for State homes for domiciliary care under
    section 1741 of such title.'':

    [[Page 1691]]

    Provided, That amounts repurposed pursuant to this section that were
    previously designated by the Congress as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985 are designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
    Sec. 517.  <> Of the unobligated balances
    available to the Department of Veterans Affairs from title X of division
    B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law
    116-136) for ``Veterans Health Administration, Medical Services'', up to
    $100,000,000 may be transferred to ``Veterans Health Administration,
    Medical Community Care'':  Provided, That funds transferred pursuant to
    this section shall be used to provide a one-time emergency payment to
    existing State Extended Care Facilities for Veterans to prevent, prepare
    for, and respond to coronavirus:  Provided further, That such payments
    shall be in proportion to each State's share of the total resident
    capacity in such facilities as of the date of enactment of this Act
    where such capacity includes only veterans on whose behalf the
    Department pays a per diem payment pursuant to 38 U.S.C. 1741 or 1745:
    Provided further, That the amounts transferred in this section that were
    previously designated by the Congress as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985 are designated by the Congress as an emergency requirement pursuant
    to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

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

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

    TITLE I

    DEPARTMENT OF STATE AND RELATED AGENCY

    Department of State

    Administration of Foreign Affairs

    diplomatic programs

    For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, $9,170,013,000, of which
    $757,367,000 may remain available until September 30, 2022, and of which
    up to $4,120,899,000 may remain available until expended for Worldwide
    Security Protection:  Provided, That of the amount made available under
    this heading for Worldwide Security Protection, $2,226,122,000 is
    designated by the Congress for Overseas Contingency Operations/Global
    War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985:  Provided further,
    That <>  funds made available under this heading
    shall be allocated in accordance with paragraphs (1) through (4) as
    follows:
    (1) Human resources.--For necessary expenses for training,
    human resources management, and salaries, including employment
    without regard to civil service and classification

    [[Page 1692]]

    laws of persons on a temporary basis (not to exceed $700,000),
    as authorized by section 801 of the United States Information
    and Educational Exchange Act of 1948 (62 Stat. 11; Chapter 36),
    $2,990,820,000, of which up to $534,782,000 is for Worldwide
    Security Protection.
    (2) Overseas programs.--For necessary expenses for the
    regional bureaus of the Department of State and overseas
    activities as authorized by law, $1,808,415,000.
    (3) Diplomatic policy and support.--For necessary expenses
    for the functional bureaus of the Department of State, including
    representation to certain international organizations in which
    the United States participates pursuant to treaties ratified
    pursuant to the advice and consent of the Senate or specific
    Acts of Congress, general administration, and arms control,
    nonproliferation, and disarmament activities as authorized,
    $763,428,000.
    (4) Security programs.--For necessary expenses for security
    activities, $3,607,350,000, of which up to $3,586,117,000 is for
    Worldwide Security Protection.
    (5) Fees and payments collected.--In addition to amounts
    otherwise made available under this heading--
    (A) as authorized by section 810 of the United
    States Information and Educational Exchange Act, not to
    exceed $5,000,000, to remain available until expended,
    may be credited to this appropriation from fees or other
    payments received from English teaching, library, motion
    pictures, and publication programs and from fees from
    educational advising and counseling and exchange visitor
    programs; and
    (B) not to exceed $15,000, which shall be derived
    from reimbursements, surcharges, and fees for use of
    Blair House facilities.
    (6) Transfer of funds, reprogramming, and other matters.--
    (A) Notwithstanding any other provision of this Act,
    funds may be reprogrammed within and between paragraphs
    (1) through (4) under this heading subject to section
    7015 of this Act.
    (B) Of the amount made available under this heading
    for Worldwide Security Protection, not to exceed
    $50,000,000 may be transferred to, and merged with,
    funds made available by this Act under the heading
    ``Emergencies in the Diplomatic and Consular Service'',
    to be available only for emergency evacuations and
    rewards, as authorized:  Provided,
    That <>  the exercise of the
    authority provided by this subparagraph shall be subject
    to prior consultation with the Committees on
    Appropriations.
    (C) Funds appropriated under this heading are
    available for acquisition by exchange or purchase of
    passenger motor vehicles as authorized by law and,
    pursuant to section 1108(g) of title 31, United States
    Code, for the field examination of programs and
    activities in the United States funded from any account
    contained in this title.

    [[Page 1693]]

    capital investment fund

    For necessary expenses of the Capital Investment Fund, as
    authorized, $250,000,000, to remain available until expended.

    office of inspector general

    For necessary expenses of the Office of Inspector General,
    $90,829,000, of which $13,624,000 may remain available until September
    30, 2022:  Provided, That funds appropriated under this heading are made
    available notwithstanding section 209(a)(1) of the Foreign Service Act
    of 1980 (22 U.S.C. 3929(a)(1)), as it relates to post inspections.
    In addition, for the Special Inspector General for Afghanistan
    Reconstruction (SIGAR) for reconstruction oversight, $54,900,000, to
    remain available until September 30, 2022, which is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985:  Provided, That funds
    appropriated under this heading that are made available for the printing
    and reproduction costs of SIGAR shall not exceed amounts for such costs
    during the prior fiscal year.

    educational and cultural exchange programs

    For necessary expenses of educational and cultural exchange
    programs, as authorized, $740,300,000, to remain available until
    expended, of which not less than $274,000,000 shall be for the Fulbright
    Program and not less than $113,860,000 shall be for Citizen Exchange
    Program:  Provided, That fees or other payments received from, or in
    connection with, English teaching, educational advising and counseling
    programs, and exchange visitor programs as authorized may be credited to
    this account, to remain available until expended:  Provided further,
    That <>  a portion of
    the Fulbright awards from the Eurasia and Central Asia regions shall be
    designated as Edmund S. Muskie Fellowships, following consultation with
    the Committees on Appropriations:  Provided further, That funds
    appropriated under this heading that are made available for the Benjamin
    Gilman International Scholarships Program shall also be made available
    for the John S. McCain Scholars Program, pursuant to section 7075 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2019 (division F of Public Law 116-6):  Provided
    further, That funds appropriated under this heading shall be made
    available for the Community Engagement Exchange Program as described
    under the heading ``Civil Society Exchange Program'' in Senate Report
    116-126:  Provided further, That <>
    any substantive modifications from the prior fiscal year to programs
    funded by this Act under this heading shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations.

    representation expenses

    For representation expenses as authorized, $7,415,000.

    [[Page 1694]]

    protection of foreign missions and officials

    For necessary expenses, not otherwise provided, to enable the
    Secretary of State to provide for extraordinary protective services, as
    authorized, $30,890,000, to remain available until September 30, 2022.

    embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
    repairing, and planning for real property that are owned or leased by
    the Department of State, and renovating, in addition to funds otherwise
    available, the Harry S Truman Building, $769,055,000, to remain
    available until September 30, 2025, of which not to exceed $25,000 may
    be used for overseas representation expenses as authorized:  Provided,
    That none of the funds appropriated in this paragraph shall be available
    for acquisition of furniture, furnishings, or generators for other
    departments and agencies of the United States Government.
    In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $1,181,394,000, to remain
    available until expended, of which $824,287,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    emergencies in the diplomatic and consular service

    For necessary expenses to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    as authorized, $7,885,000, to remain available until expended, of which
    not to exceed $1,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Repatriation Loans Program
    Account''.

    repatriation loans program account

    For the cost of direct loans, $2,500,000, as authorized:  Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That such funds are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $6,311,992.

    payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $31,963,000.

    international center, washington, district of columbia

    Not to exceed $1,806,600 shall be derived from fees collected from
    other executive agencies for lease or use of facilities at the
    International Center in accordance with section 4 of the International
    Center Act (Public Law 90-553), and, in addition, as authorized by
    section 5 of such Act, $2,743,000, to be derived from the reserve
    authorized by such section, to be used for the purposes set out in that
    section.

    [[Page 1695]]

    payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund,
    as authorized, $158,900,000.

    International Organizations <>

    contributions to international organizations

    For <>  necessary expenses,
    not otherwise provided for, to meet annual obligations of membership in
    international multilateral organizations, pursuant to treaties ratified
    pursuant to the advice and consent of the Senate, conventions, or
    specific Acts of Congress, $1,505,928,000, of which $96,240,000, to
    remain available until September 30, 2022, is designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided, That <>  the Secretary of
    State shall, at the time of the submission of the President's budget to
    Congress under section 1105(a) of title 31, United States Code, transmit
    to the Committees on Appropriations the most recent biennial budget
    prepared by the United Nations for the operations of the United Nations:
    Provided further, That <>  the Secretary of State
    shall notify the Committees on Appropriations at least 15 days in
    advance (or in an emergency, as far in advance as is practicable) of any
    United Nations action to increase funding for any United Nations program
    without identifying an offsetting decrease elsewhere in the United
    Nations budget:  Provided further, That any payment of arrearages under
    this heading shall be directed to activities that are mutually agreed
    upon by the United States and the respective international organization
    and shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That none of the funds
    appropriated under this heading shall be available for a United States
    contribution to an international organization for the United States
    share of interest costs made known to the United States Government by
    such organization for loans incurred on or after October 1, 1984,
    through external borrowings.

    contributions for international peacekeeping activities <>

    For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $1,456,314,000, of
    which $705,994,000 is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985:  Provided, That of the funds made available under this
    heading, up to $818,542,000 may remain available until September 30,
    2022:  Provided further, That <>  none of the funds made available by this Act shall be
    obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    such mission in the United Nations Security Council (or in an emergency
    as far in advance as is practicable), the Committees on Appropriations
    are notified of: (1) the estimated cost and duration of the mission, the
    objectives of the mission, the national interest that will be

    [[Page 1696]]

    served, and the exit strategy; and (2) the sources of funds, including
    any reprogrammings or transfers, that will be used to pay the cost of
    the new or expanded mission, and the estimated cost in future fiscal
    years:  Provided further, That <>  none of the funds
    appropriated under this heading may be made available for obligation
    unless the Secretary of State certifies and reports to the Committees on
    Appropriations on a peacekeeping mission-by-mission basis that the
    United Nations is implementing effective policies and procedures to
    prevent United Nations employees, contractor personnel, and peacekeeping
    troops serving in such mission from trafficking in persons, exploiting
    victims of trafficking, or committing acts of sexual exploitation and
    abuse or other violations of human rights, and to hold accountable
    individuals who engage in such acts while participating in such mission,
    including prosecution in their home countries and making information
    about such prosecutions publicly available on the website of the United
    Nations:  Provided further, That <>
    the Secretary of State shall work with the United Nations and foreign
    governments contributing peacekeeping troops to implement effective
    vetting procedures to ensure that such troops have not violated human
    rights: <>   Provided further, That funds shall be
    available for peacekeeping expenses unless the Secretary of State
    determines that United States manufacturers and suppliers are not being
    given opportunities to provide equipment, services, and material for
    United Nations peacekeeping activities equal to those being given to
    foreign manufacturers and suppliers:  Provided further,
    That <>  none of the funds
    appropriated or otherwise made available under this heading may be used
    for any United Nations peacekeeping mission that will involve United
    States Armed Forces under the command or operational control of a
    foreign national, unless the President's military advisors have
    submitted to the President a recommendation that such involvement is in
    the national interest of the United States and the President has
    submitted to Congress such a recommendation:  Provided further,
    That <>  any payment of arrearages with funds
    appropriated by this Act shall be subject to the regular notification
    procedures of the Committees on Appropriations.

    International Commissions <>

    For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

    international boundary and water commission, united states and mexico

    For <>  necessary expenses for the United States
    Section of the International Boundary and Water Commission, United
    States and Mexico, and to comply with laws applicable to the United
    States Section, including not to exceed $6,000 for representation
    expenses; as follows:

    salaries and expenses

    For salaries and expenses, not otherwise provided for, $49,770,000,
    of which $7,466,000 may remain available until September 30, 2022.

    [[Page 1697]]

    construction

    For detailed plan preparation and construction of authorized
    projects, $49,000,000, to remain available until expended, as
    authorized:  Provided, That <>  of the funds appropriated
    under this heading in this Act and prior Acts making appropriations for
    the Department of State, foreign operations, and related programs for
    the United States Section, except for funds designated by the Congress
    for Overseas Contingency Operations/Global War on Terrorism or as an
    emergency requirement pursuant to a concurrent resolution on the budget
    or the Balanced Budget and Emergency Deficit Control Act of 1985, up to
    $5,000,000 may be transferred to, and merged with, funds appropriated
    under the heading ``Salaries and Expenses'' to carry out the purposes of
    the United States Section, which shall be subject to prior consultation
    with, and the regular notification procedures of, the Committees on
    Appropriations:  Provided further, That such transfer authority is in
    addition to any other transfer authority provided in this Act.

    american sections, international commissions

    For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for technical
    assistance grants and the Community Assistance Program of the North
    American Development Bank, $15,008,000:  Provided, That of the amount
    provided under this heading for the International Joint Commission, up
    to $1,250,000 may remain available until September 30, 2022, and up to
    $9,000 may be made available for representation expenses:  Provided
    further, That of the amount provided under this heading for the
    International Boundary Commission, up to $1,000 may be made available
    for representation expenses.

    international fisheries commissions

    For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $62,846,000:  Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to section 3324 of title 31, United
    States Code.

    RELATED AGENCY

    United States Agency for Global Media

    international broadcasting operations

    For necessary expenses to enable the United States Agency for Global
    Media (USAGM), as authorized, to carry out international communication
    activities, and to make and supervise grants for radio, Internet, and
    television broadcasting to the Middle East, $793,257,000:  Provided,
    That in addition to amounts otherwise available for such purposes, up to
    $40,708,000 of the amount appropriated under this heading may remain
    available until expended for satellite transmissions and Internet
    freedom programs, of which not less than $20,000,000 shall be for
    Internet freedom programs:

    [[Page 1698]]

    Provided further, That of the total amount appropriated under this
    heading, not to exceed $35,000 may be used for representation expenses,
    of which $10,000 may be used for such expenses within the United States
    as authorized, and not to exceed $30,000 may be used for representation
    expenses of Radio Free Europe/Radio Liberty:  Provided further, That
    funds appropriated under this heading shall be allocated in accordance
    with the table included under this heading in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act):  Provided further, That <>
    notwithstanding the previous proviso, funds may be reprogrammed within
    and between amounts designated in such table, subject to the regular
    notification procedures of the Committees on Appropriations, except that
    no such reprogramming may reduce a designated amount by more than 5
    percent:  Provided further, That funds appropriated under this heading
    shall be made available in accordance with the principles and standards
    set forth in section 303(a) and (b) of the United States International
    Broadcasting Act of 1994 (22 U.S.C. 6202) and section 305(b) of such Act
    (22 U.S.C. 6204):  Provided further,
    That <>  the
    USAGM Chief Executive Officer shall notify the Committees on
    Appropriations within 15 days of any determination by the USAGM that any
    of its broadcast entities, including its grantee organizations, provides
    an open platform for international terrorists or those who support
    international terrorism, or is in violation of the principles and
    standards set forth in section 303(a) and (b) of such Act or the
    entity's journalistic code of ethics:  Provided further, That in
    addition to funds made available under this heading, and notwithstanding
    any other provision of law, up to $5,000,000 in receipts from
    advertising and revenue from business ventures, up to $500,000 in
    receipts from cooperating international organizations, and up to
    $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, shall remain
    available until expended for carrying out authorized purposes:  Provided
    further, That <>  significant modifications to
    USAGM broadcast hours previously justified to Congress, including
    changes to transmission platforms (shortwave, medium wave, satellite,
    Internet, and television), for all USAGM language services shall be
    subject to the regular notification procedures of the Committees on
    Appropriations:  Provided further, That <>
    up to $7,000,000 from the USAGM Buying Power Maintenance account may be
    transferred to, and merged with, funds appropriated by this Act under
    the heading ``International Broadcasting Operations'', which shall
    remain available until expended:  Provided further,
    That <>  such transfer authority is
    in addition to any transfer authority otherwise available under any
    other provision of law and shall be subject to prior consultation with,
    and the regular notification procedures of, the Committees on
    Appropriations.

    broadcasting capital improvements

    For the purchase, rent, construction, repair, preservation, and
    improvement of facilities for radio, television, and digital
    transmission and reception; the purchase, rent, and installation of
    necessary equipment for radio, television, and digital transmission and
    reception, including to Cuba, as authorized; and physical security
    worldwide, in addition to amounts otherwise available for such

    [[Page 1699]]

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

    RELATED PROGRAMS

    The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia
    Foundation Act (22 U.S.C. 4402), $20,000,000, to remain available until
    expended:  Provided, That <>  funds
    appropriated under this heading shall be apportioned and obligated to
    the Foundation not later than 60 days after enactment of this Act.

    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as
    authorized by the United States Institute of Peace Act (22 U.S.C. 4601
    et seq.), $45,000,000, to remain available until September 30, 2022,
    which shall not be used for construction activities.

    Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, as authorized by section 633 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
    interest and earnings accruing to such Fund on or before September 30,
    2021, to remain available until expended.

    Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2021, to remain available until
    expended:  Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by section 5376 of title 5, United States Code; or for
    purposes which are not in accordance with section 200 of title 2 of the
    Code of Federal Regulations, including the restrictions on compensation
    for personal services.

    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452 note), all interest and
    earnings accruing to the Israeli Arab Scholarship Fund on or before
    September 30, 2021, to remain available until expended.

    East-West Center

    To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for

    [[Page 1700]]

    Cultural and Technical Interchange Between East and West in the State of
    Hawaii, $19,700,000:  Provided, That <>
    funds appropriated under this heading shall be apportioned and obligated
    to the Center not later than 60 days after enactment of this Act.

    National Endowment for Democracy

    For grants made by the Department of State to the National Endowment
    for Democracy, as authorized by the National Endowment for Democracy Act
    (22 U.S.C. 4412), $300,000,000, to remain available until expended, of
    which $195,840,000 shall be allocated in the traditional and customary
    manner, including for the core institutes, and $104,160,000 shall be for
    democracy programs:  Provided, That the requirements of section 7061(a)
    of this Act shall not apply to funds made available under this heading:
    Provided further, That <>  funds
    appropriated under this heading shall be apportioned and obligated to
    the Endowment not later than 60 days after enactment of this Act.

    OTHER COMMISSIONS

    Commission for the Preservation of America's Heritage Abroad

    salaries and expenses

    For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $642,000, as authorized by chapter 3123 of
    title 54, United States Code:  Provided, That the Commission may procure
    temporary, intermittent, and other services notwithstanding paragraph
    (3) of section 312304(b) of such chapter:  Provided further,
    That <>  such authority shall terminate on
    October 1, 2021:  Provided further, That <>  the
    Commission shall notify the Committees on Appropriations prior to
    exercising such authority.

    United States Commission on International Religious Freedom

    salaries and expenses

    For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
    $4,500,000, to remain available until September 30, 2022, including not
    more than $4,000 for representation expenses.

    Commission on Security and Cooperation in Europe

    salaries and expenses

    For necessary expenses of the Commission on Security and Cooperation
    in Europe, as authorized by Public Law 94-304 (22 U.S.C. 3001 et seq.),
    $2,908,000, including not more than $4,000 for representation expenses,
    to remain available until September 30, 2022.

    [[Page 1701]]

    Congressional-executive Commission on the People's Republic of China

    salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized by title III of the U.S.-
    China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,250,000,
    including not more than $3,000 for representation expenses, to remain
    available until September 30, 2022.

    United States-China Economic and Security Review Commission

    salaries and expenses

    For necessary expenses of the United States-China Economic and
    Security Review Commission, as authorized by section 1238 of the Floyd
    D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
    U.S.C. 7002), $4,000,000, including not more than $4,000 for
    representation expenses, to remain available until September 30, 2022:
    Provided, That <>  the authorities,
    requirements, limitations, and conditions contained in the second
    through sixth provisos under this heading in the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2010
    (division F of Public Law 111-117) shall continue in effect during
    fiscal year 2021 and shall apply to funds appropriated under this
    heading.

    TITLE II

    UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

    Funds Appropriated to the President

    operating expenses

    For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $1,377,747,000, of which up to
    $206,662,000 may remain available until September 30, 2022:  Provided,
    That <>  none of the funds appropriated under
    this heading and under the heading ``Capital Investment Fund'' in this
    title may be made available to finance the construction (including
    architect and engineering services), purchase, or long-term lease of
    offices for use by the United States Agency for International
    Development, unless the USAID Administrator has identified such proposed
    use of funds in a report submitted to the Committees on Appropriations
    at least 15 days prior to the obligation of funds for such purposes:
    Provided further, That <>  contracts or agreements
    entered into with funds appropriated under this heading may entail
    commitments for the expenditure of such funds through the following
    fiscal year:  Provided further, That <>  the
    authority of sections 610 and 109 of the Foreign Assistance Act of 1961
    may be exercised by the Secretary of State to transfer funds
    appropriated to carry out chapter 1 of part I of such Act to ``Operating
    Expenses'' in accordance with the provisions of those sections:
    Provided further, That of the funds appropriated or made available under
    this

    [[Page 1702]]

    heading, not to exceed $250,000 may be available for representation and
    entertainment expenses, of which not to exceed $5,000 may be available
    for entertainment expenses, and not to exceed $100,500 shall be for
    official residence expenses, for USAID during the current fiscal year:
    Provided further, That <>  the USAID Administrator shall
    submit a report to the Committees on Appropriations not later than 60
    days after enactment of this Act on changes to the account structure as
    described in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

    capital investment fund

    For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $258,200,000, to remain available until
    expended:  Provided, That this amount is in addition to funds otherwise
    available for such purposes:  Provided further,
    That <>  funds appropriated under this heading
    shall be available subject to the regular notification procedures of the
    Committees on Appropriations.

    office of inspector general

    For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $75,500,000, of which up to
    $11,325,000 may remain available until September 30, 2022, for the
    Office of Inspector General of the United States Agency for
    International Development.

    TITLE III

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, as follows:

    global health programs

    For <>  necessary expenses to carry
    out the provisions of chapters 1 and 10 of part I of the Foreign
    Assistance Act of 1961, for global health activities, in addition to
    funds otherwise available for such purposes, $3,265,950,000, to remain
    available until September 30, 2022, and which shall be apportioned
    directly to the United States Agency for International Development not
    later than 60 days after enactment of this Act:  Provided, That this
    amount shall be made available for training, equipment, and technical
    assistance to build the capacity of public health institutions and
    organizations in developing countries, and for such activities as: (1)
    child survival and maternal health programs; (2) immunization and oral
    rehydration programs; (3) other health, nutrition, water and sanitation
    programs which directly address the needs of mothers and children, and
    related education programs; (4) assistance for children displaced or
    orphaned by causes other than AIDS;

    [[Page 1703]]

    (5) programs for the prevention, treatment, control of, and research on
    HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases
    including neglected tropical diseases, and for assistance to communities
    severely affected by HIV/AIDS, including children infected or affected
    by AIDS; (6) disaster preparedness training for health crises; (7)
    programs to prevent, prepare for, and respond to, unanticipated and
    emerging global health threats, including zoonotic diseases; and (8)
    family planning/reproductive health:  Provided further, That funds
    appropriated under this paragraph may be made available for a United
    States contribution to The GAVI Alliance:  Provided further,
    That <>  none of the
    funds made available in this Act nor any unobligated balances from prior
    appropriations Acts may be made available to any organization or program
    which, as determined by the President of the United States, supports or
    participates in the management of a program of coercive abortion or
    involuntary sterilization:  Provided further, That <>
    any determination made under the previous proviso must be made not later
    than 6 months after the date of enactment of this Act, and must be
    accompanied by the evidence and criteria utilized to make the
    determination:  Provided further, That <>  none of the
    funds made available under this Act may be used to pay for the
    performance of abortion as a method of family planning or to motivate or
    coerce any person to practice abortions:  Provided further, That nothing
    in this paragraph shall be construed to alter any existing statutory
    prohibitions against abortion under section 104 of the Foreign
    Assistance Act of 1961:  Provided further,
    That <>  none of the funds made available
    under this Act may be used to lobby for or against abortion:  Provided
    further, That <>  in order to
    reduce reliance on abortion in developing nations, funds shall be
    available only to voluntary family planning projects which offer, either
    directly or through referral to, or information about access to, a broad
    range of family planning methods and services, and that any such
    voluntary family planning project shall meet the following requirements:
    (1) service providers or referral agents in the project shall not
    implement or be subject to quotas, or other numerical targets, of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators for
    budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and
    (5) <>  the project shall ensure that
    experimental contraceptive drugs and devices and medical procedures are
    provided only in the context of a scientific study in which participants
    are advised of potential risks and benefits; and, not less than 60 days
    after the date on which the

    [[Page 1704]]

    USAID Administrator determines that there has been a violation of the
    requirements contained in paragraph (1), (2), (3), or (5) of this
    proviso, or a pattern or practice of violations of the requirements
    contained in paragraph (4) of this proviso, the Administrator shall
    submit to the Committees on Appropriations a report containing a
    description of such violation and the corrective action taken by the
    Agency:  Provided further,
    That <>  in awarding grants
    for natural family planning under section 104 of the Foreign Assistance
    Act of 1961 no applicant shall be discriminated against because of such
    applicant's religious or conscientious commitment to offer only natural
    family planning; and, additionally, all such applicants shall comply
    with the requirements of the previous proviso:  Provided further, That
    for purposes of this or any other Act authorizing or appropriating funds
    for the Department of State, foreign operations, and related programs,
    the term ``motivate'', as it relates to family planning assistance,
    shall not be construed to prohibit the provision, consistent with local
    law, of information or counseling about all pregnancy options:  Provided
    further, That information provided about the use of condoms as part of
    projects or activities that are funded from amounts appropriated by this
    Act shall be medically accurate and shall include the public health
    benefits and failure rates of such use.

    In <>  addition, for necessary
    expenses to carry out the provisions of the Foreign Assistance Act of
    1961 for the prevention, treatment, and control of, and research on,
    HIV/AIDS, $5,930,000,000, to remain available until September 30, 2025,
    which shall be apportioned directly to the Department of State not later
    than 60 days after enactment of this Act:  Provided, That funds
    appropriated under this paragraph may be made available, notwithstanding
    any other provision of law, except for the United States Leadership
    Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-
    25), for a United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (Global Fund):  Provided further, That the
    amount of such contribution shall be $1,560,000,000 and shall be for the
    second installment of the sixth replenishment:  Provided further,
    That <>  up to 5 percent of the aggregate amount of
    funds made available to the Global Fund in fiscal year 2021 may be made
    available to USAID for technical assistance related to the activities of
    the Global Fund, subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That of the funds
    appropriated under this paragraph, up to $17,000,000 may be made
    available, in addition to amounts otherwise available for such purposes,
    for administrative expenses of the Office of the United States Global
    AIDS Coordinator.

    development assistance

    For necessary expenses to carry out the provisions of sections 103,
    105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
    the Foreign Assistance Act of 1961, $3,500,000,000, to remain available
    until September 30, 2022:  Provided,
    That <>  funds made available under this
    heading shall be apportioned directly to the United States Agency for
    International Development not later than 60 days after enactment of this
    Act.

    [[Page 1705]]

    international disaster assistance

    For necessary expenses to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $4,395,362,000, to remain
    available until expended, of which $1,914,041,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985:  Provided,
    That <>  funds made available under this
    heading shall be apportioned to the United States Agency for
    International Development not later than 60 days after enactment of this
    Act.

    transition initiatives

    For necessary expenses for international disaster rehabilitation and
    reconstruction assistance administered by the Office of Transition
    Initiatives, United States Agency for International Development,
    pursuant to section 491 of the Foreign Assistance Act of 1961, and to
    support transition to democracy and long-term development of countries
    in crisis, $92,043,000, to remain available until expended:  Provided,
    That such support may include assistance to develop, strengthen, or
    preserve democratic institutions and processes, revitalize basic
    infrastructure, and foster the peaceful resolution of conflict:
    Provided further, That <>  the USAID Administrator shall
    submit a report to the Committees on Appropriations at least 5 days
    prior to beginning a new, or terminating a, program of assistance:
    Provided further, That <>  if the Secretary of
    State determines that it is important to the national interest of the
    United States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading:  Provided further, That <>  funds made
    available pursuant to the previous proviso shall be made available
    subject to prior consultation with the Committees on Appropriations.

    complex crises fund

    For necessary expenses to carry out the provisions of section 509(b)
    of the Global Fragility Act of 2019 (title V of division J of Public Law
    116-94), $30,000,000, to remain available until expended:  Provided,
    That funds appropriated under this heading may be made available
    notwithstanding any other provision of law, except sections 7007, 7008,
    and 7018 of this Act and section 620M of the Foreign Assistance Act of
    1961:  Provided further, That <>  funds
    appropriated under this heading shall be apportioned to the United
    States Agency for International Development not later than 60 days after
    enactment of this Act.

    economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $3,151,963,000, to remain
    available until September 30, 2022.

    [[Page 1706]]

    democracy fund

    For <>  necessary expenses to carry
    out the provisions of the Foreign Assistance Act of 1961 for the
    promotion of democracy globally, including to carry out the purposes of
    section 502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
    $190,450,000, to remain available until September 30, 2022, which shall
    be made available for the Human Rights and Democracy Fund of the Bureau
    of Democracy, Human Rights, and Labor, Department of State, and shall be
    apportioned to such Bureau not later than 60 days after enactment of
    this Act:  Provided, That funds appropriated under this heading that are
    made available to the National Endowment for Democracy and its core
    institutes are in addition to amounts otherwise available by this Act
    for such purposes:  Provided further, That <>  the
    Assistant Secretary for Democracy, Human Rights, and Labor, Department
    of State, shall consult with the Committees on Appropriations prior to
    the initial obligation of funds appropriated under this paragraph.

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

    assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign
    Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
    and the Support for Eastern European Democracy (SEED) Act of 1989
    (Public Law 101-179), $770,334,000, to remain available until September
    30, 2022, which shall be available, notwithstanding any other provision
    of law, except section 7047 of this Act, for assistance and related
    programs for countries identified in section 3 of the FREEDOM Support
    Act (22 U.S.C. 5801) and section 3(c) of the SEED Act of 1989 (22 U.S.C.
    5402), in addition to funds otherwise available for such purposes:
    Provided, That funds appropriated by this Act under the headings
    ``Global Health Programs'', ``Economic Support Fund'', and
    ``International Narcotics Control and Law Enforcement'' that are made
    available for assistance for such countries shall be administered in
    accordance with the responsibilities of the coordinator designated
    pursuant to section 102 of the FREEDOM Support Act and section 601 of
    the SEED Act of 1989:  Provided further, That funds appropriated under
    this heading shall be considered to be economic assistance under the
    Foreign Assistance Act of 1961 for purposes of making available the
    administrative authorities contained in that Act for the use of economic
    assistance:  Provided further, That <>  funds
    appropriated under this heading may be made available for contributions
    to multilateral initiatives to counter hybrid threats:  Provided
    further, That any notification of funds made available under this
    heading in this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs shall
    include information (if known on the date of transmittal of such
    notification) on the use of notwithstanding authority:  Provided
    further, That <>  if subsequent to the notification
    of assistance it becomes necessary to rely on notwithstanding authority,
    the Committees on Appropriations should be informed at the earliest
    opportunity and to the

    [[Page 1707]]

    extent practicable:  Provided further, That <>  of the funds appropriated under this heading, not less
    than $2,000,000, to remain available until expended, shall be
    transferred to, and merged with, funds appropriated by this Act under
    the heading ``Economic Support Fund'' for joint dialogues in support of
    the Eastern Mediterranean Partnership in the manner specified under this
    heading in House Report 116-444:  Provided further, That such funds
    shall be administered by, and under the policy direction of, the
    coordinator designated pursuant to section 102 of the FREEDOM Support
    Act and section 601 of the SEED Act of 1989.

    Department of State

    migration and refugee assistance

    For necessary expenses not otherwise provided for, to enable the
    Secretary of State to carry out the provisions of section 2(a) and (b)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601),
    and other activities to meet refugee and migration needs; salaries and
    expenses of personnel and dependents as authorized by the Foreign
    Service Act of 1980 (22 U.S.C. 3901 et seq.); allowances as authorized
    by sections 5921 through 5925 of title 5, United States Code; purchase
    and hire of passenger motor vehicles; and services as authorized by
    section 3109 of title 5, United States Code, $3,432,000,000, to remain
    available until expended, of which: $1,701,417,000 is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985; not less than $35,000,000 shall
    be made available to respond to small-scale emergency humanitarian
    requirements; and $5,000,000 shall be made available for refugees
    resettling in Israel.

    united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)),
    $100,000, to remain available until expended:  Provided,
    That <>  amounts in excess of the limitation
    contained in paragraph (2) of such section shall be transferred to, and
    merged with, funds made available by this Act under the heading
    ``Migration and Refugee Assistance''.

    Independent Agencies

    peace corps

    (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace
    Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
    exceed five passenger motor vehicles for administrative purposes for use
    outside of the United States, $410,500,000, of which $6,330,000 is for
    the Office of Inspector General, to remain available until September 30,
    2022:  Provided, That the Director of the Peace Corps may transfer to
    the Foreign Currency Fluctuations Account, as authorized by section 16
    of the Peace Corps Act (22 U.S.C.

    [[Page 1708]]

    2515), an amount not to exceed $5,000,000:  Provided further, That funds
    transferred pursuant to the previous proviso may not be derived from
    amounts made available for Peace Corps overseas operations:  Provided
    further, That of the funds appropriated under this heading, not to
    exceed $104,000 may be available for representation expenses, of which
    not to exceed $4,000 may be made available for entertainment expenses:
    Provided further, That <>  in addition to the
    requirements under section 7015(a) of this Act, the Peace Corps shall
    consult with the Committees on Appropriations prior to any decision to
    open, close, or suspend a domestic or overseas office or a country
    program unless there is a substantial risk to volunteers or other Peace
    Corps personnel:  Provided further, That <>  none of
    the funds appropriated under this heading shall be used to pay for
    abortions:  Provided further, That <>
    notwithstanding the previous proviso, section 614 of division E of
    Public Law 113-76 shall apply to funds appropriated under this heading.

    millennium challenge corporation

    For necessary expenses to carry out the provisions of the Millennium
    Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $912,000,000, to
    remain available until expended:  Provided, That of the funds
    appropriated under this heading, up to $112,000,000 may be available for
    administrative expenses of the Millennium Challenge Corporation:
    Provided further, That <>  section 605(e) of the
    MCA (22 U.S.C. 7704(e)) shall apply to funds appropriated under this
    heading:  Provided further, That funds appropriated under this heading
    may be made available for a Millennium Challenge Compact entered into
    pursuant to section 609 of the MCA (22 U.S.C. 7708) only if such Compact
    obligates, or contains a commitment to obligate subject to the
    availability of funds and the mutual agreement of the parties to the
    Compact to proceed, the entire amount of the United States Government
    funding anticipated for the duration of the Compact:  Provided further,
    That no country should be eligible for a threshold program after such
    country has completed a country compact:  Provided further, That of the
    funds appropriated under this heading, not to exceed $100,000 may be
    available for representation and entertainment expenses, of which not to
    exceed $5,000 may be available for entertainment expenses.

    inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $38,000,000, to remain available
    until September 30, 2022:  Provided, That of the funds appropriated
    under this heading, not to exceed $2,000 may be available for
    representation expenses.

    united states african development foundation

    For necessary expenses to carry out the African Development
    Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
    $33,000,000, to remain available until September 30, 2022, of which not
    to exceed $2,000 may be available for representation expenses:
    Provided, That funds made available to grantees may

    [[Page 1709]]

    be invested pending expenditure for project purposes when authorized by
    the Board of Directors of the United States African Development
    Foundation (USADF):  Provided further, That interest earned shall be
    used only for the purposes for which the grant was made:  Provided
    further, That <>  notwithstanding section
    505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h-
    3(a)(2)), in exceptional circumstances the Board of Directors of the
    USADF may waive the $250,000 limitation contained in that section with
    respect to a project and a project may exceed the limitation by up to 10
    percent if the increase is due solely to foreign currency fluctuation:
    Provided further, That <>  the USADF shall submit a
    report to the appropriate congressional committees after each time such
    waiver authority is exercised:  Provided further, That the USADF may
    make rent or lease payments in advance from appropriations available for
    such purpose for offices, buildings, grounds, and quarters in Africa as
    may be necessary to carry out its functions:  Provided further, That the
    USADF may maintain bank accounts outside the United States Treasury and
    retain any interest earned on such accounts, in furtherance of the
    purposes of the African Development Foundation Act:  Provided further,
    That the USADF may not withdraw any appropriation from the Treasury
    prior to the need of spending such funds for program purposes.

    Department of the Treasury

    international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 of
    the Foreign Assistance Act of 1961, $33,000,000, to remain available
    until expended, of which not more than $6,600,000 may be used for
    administrative expenses:  Provided, That <>  amounts
    made available under this heading may be made available to contract for
    services as described in section 129(d)(3)(A) of the Foreign Assistance
    Act of 1961, without regard to the location in which such services are
    performed.

    debt restructuring

    <> For the costs, as defined in
    section 502 of the Congressional Budget Act of 1974, of modifying loans
    and loan guarantees, as the President may determine, for which funds
    have been appropriated or otherwise made available for programs within
    the International Affairs Budget Function 150, including the cost of
    selling, reducing, or canceling amounts owed to the United States as a
    result of concessional loans made to eligible countries, pursuant to
    part V of the Foreign Assistance Act of 1961, $15,000,000, to remain
    available until September 30, 2023.

    <> In addition, for the costs, as
    defined in section 502 of the Congressional Budget Act of 1974, of
    modifying loans and loan guarantees for Somalia or credits extended to
    Somalia, as the President may determine, including the cost of selling,
    reducing, or cancelling amounts owed to the United States, in the event
    that Somalia has met the domestic and internationally-agreed conditions
    and such modification is consistent with United States law and foreign
    policy considerations, $78,000,000, to remain available until expended,
    which may be used notwithstanding any other provision of law:  Provided,
    That <>  funds made available by this
    paragraph shall be subject to prior consultation with the appropriate

    [[Page 1710]]

    congressional committees and subject to the regular notification
    procedures of the Committees on Appropriations.

    In addition, for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of modifying loans and loan guarantees
    for or credits extended to Sudan, $111,000,000, to remain available
    until expended, which may be used notwithstanding any other provision of
    law, in the event Sudan meets the domestic and internationally agreed
    conditions and the modifications are consistent with United States law
    and foreign policy considerations.

    TITLE IV

    INTERNATIONAL SECURITY ASSISTANCE

    Department of State

    international narcotics control and law enforcement

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

    nonproliferation, anti-terrorism, demining and related programs

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

    [[Page 1711]]

    (22 U.S.C. 2763), or the Foreign Assistance Act of 1961 for demining
    activities, the clearance of unexploded ordnance, the destruction of
    small arms, and related activities, notwithstanding any other provision
    of law, including activities implemented through nongovernmental and
    international organizations, and section 301 of the Foreign Assistance
    Act of 1961 for a United States contribution to the Comprehensive
    Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
    contribution to the International Atomic Energy Agency (IAEA):
    Provided, That <>  funds made
    available under this heading for the Nonproliferation and Disarmament
    Fund shall be made available, notwithstanding any other provision of law
    and subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations, to promote bilateral
    and multilateral activities relating to nonproliferation, disarmament,
    and weapons destruction, and shall remain available until expended:
    Provided further, That such funds may also be used for such countries
    other than the Independent States of the former Soviet Union and
    international organizations when it is in the national security interest
    of the United States to do so:  Provided further,
    That <>  funds appropriated under this
    heading may be made available for the IAEA unless the Secretary of State
    determines that Israel is being denied its right to participate in the
    activities of that Agency:  Provided further,
    That <>  funds made available for conventional
    weapons destruction programs, including demining and related activities,
    in addition to funds otherwise available for such purposes, may be used
    for administrative expenses related to the operation and management of
    such programs and activities, subject to the regular notification
    procedures of the Committees on Appropriations.

    peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $440,759,000, of which $325,213,000,
    to remain available until September 30, 2022, is designated by the
    Congress for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985:  Provided, That funds
    appropriated under this heading may be used, notwithstanding section 660
    of the Foreign Assistance Act of 1961, to provide assistance to enhance
    the capacity of foreign civilian security forces, including gendarmes,
    to participate in peacekeeping operations:  Provided further, That of
    the funds appropriated under this heading, not less than $25,000,000
    shall be made available for a United States contribution to the
    Multinational Force and Observers mission in the Sinai and not less than
    $71,000,000 shall be made available for the Global Peace Operations
    Initiative:  Provided further, That <>  funds
    appropriated under this heading may be made available to pay assessed
    expenses of international peacekeeping activities in Somalia under the
    same terms and conditions, as applicable, as funds appropriated by this
    Act under the heading ``Contributions for International Peacekeeping
    Activities'':  Provided further, That <>  none of
    the funds appropriated under this heading shall be obligated except as
    provided through the regular notification procedures of the Committees
    on Appropriations.

    [[Page 1712]]

    Funds Appropriated to the President

    international military education and training

    For necessary expenses to carry out the provisions of section 541 of
    the Foreign Assistance Act of 1961, $112,925,000, of which up to
    $56,463,000 may remain available until September 30, 2022:  Provided,
    That the civilian personnel for whom military education and training may
    be provided under this heading may include civilians who are not members
    of a government whose participation would contribute to improved civil-
    military relations, civilian control of the military, or respect for
    human rights:  Provided further, That
    of <>  the funds appropriated under
    this heading, up to $3,000,000 may remain available until expended to
    increase the participation of women in programs and activities funded
    under this heading, following consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided
    further, That of the funds appropriated under this heading, not to
    exceed $50,000 may be available for entertainment expenses.

    foreign military financing program

    For necessary expenses for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act (22
    U.S.C. 2763), $6,175,524,000, of which $576,909,000, to remain available
    until September 30, 2022, is designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
    Act of 1985: <>
    Provided, That to expedite the provision of assistance to foreign
    countries and international organizations, the Secretary of State,
    following consultation with the Committees on Appropriations and subject
    to the regular notification procedures of such Committees, may use the
    funds appropriated under this heading to procure defense articles and
    services to enhance the capacity of foreign security forces:  Provided
    further, That <>  of the funds
    appropriated under this heading, not less than $3,300,000,000 shall be
    available for grants only for Israel which shall be disbursed within 30
    days of enactment of this Act:  Provided further, That to the extent
    that the Government of Israel requests that funds be used for such
    purposes, grants made available for Israel under this heading shall, as
    agreed by the United States and Israel, be available for advanced
    weapons systems, of which not less than $795,300,000 shall be available
    for the procurement in Israel of defense articles and defense services,
    including research and development:  Provided further, That funds
    appropriated or otherwise made available under this heading shall be
    nonrepayable notwithstanding any requirement in section 23 of the Arms
    Export Control Act:  Provided further, That funds made available under
    this heading shall be obligated upon apportionment in accordance with
    paragraph (5)(C) of section 1501(a) of title 31, United States Code.

    None <>  of the funds made available under this
    heading shall be available to finance the procurement of defense
    articles, defense services, or design and construction services that are
    not sold by the United States Government under the Arms Export Control
    Act unless the foreign country proposing to make such procurement has
    first signed an agreement with the United States Government specifying
    the conditions under which such procurement may be

    [[Page 1713]]

    financed with such funds: <>   Provided, That all
    country and funding level increases in allocations shall be submitted
    through the regular notification procedures of section 7015 of this Act:
    Provided further, That funds made available under this heading may be
    used, notwithstanding any other provision of law, for demining, the
    clearance of unexploded ordnance, and related activities, and may
    include activities implemented through nongovernmental and international
    organizations:  Provided further, That only those countries for which
    assistance was justified for the ``Foreign Military Sales Financing
    Program'' in the fiscal year 1989 congressional presentation for
    security assistance programs may utilize funds made available under this
    heading for procurement of defense articles, defense services, or design
    and construction services that are not sold by the United States
    Government under the Arms Export Control Act:  Provided further, That
    funds appropriated under this heading shall be expended at the minimum
    rate necessary to make timely payment for defense articles and
    services: <>   Provided further, That not more than
    $70,000,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales, except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That of the funds made available under this heading
    for general costs of administering military assistance and sales, not to
    exceed $4,000 may be available for entertainment expenses and not to
    exceed $130,000 may be available for representation
    expenses: <>   Provided further, That not more than
    $1,137,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
    Arms Export Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for
    expenses incurred by the Department of Defense during fiscal year 2021
    pursuant to section 43(b) of the Arms Export Control Act (22 U.S.C.
    2792(b)), except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations.

    TITLE V

    MULTILATERAL ASSISTANCE

    Funds Appropriated to the President

    international organizations and programs

    For necessary expenses to carry out the provisions of section 301 of
    the Foreign Assistance Act of 1961, $387,500,000:  Provided, That
    section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
    contributions to the United Nations Democracy Fund:  Provided further,
    That <>  not later than 60
    days after enactment of this Act, such funds shall be made available for
    core contributions for each entity listed in the table under this
    heading in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act) unless otherwise
    provided for in this Act, or if the Secretary of State has justified to
    the Committees on Appropriations the proposed uses of funds other than
    for core contributions following prior consultation with, and subject to
    the regular notification procedures of, such Committees.

    [[Page 1714]]

    International Financial Institutions

    global environment facility

    For <>  payment to the International
    Bank for Reconstruction and Development as trustee for the Global
    Environment Facility by the Secretary of the Treasury, $139,575,000, to
    remain available until, and to be fully disbursed not later than,
    September 30, 2022:  Provided, That <>  of such amount,
    $136,563,000, which shall remain available until September 30, 2021, is
    only available for the third installment of the seventh replenishment of
    the Global Environment Facility, and shall be obligated and disbursed
    not later than 90 days after enactment of this Act:  Provided further,
    That the <>  Secretary shall report to the
    Committees on Appropriations on the status of funds provided under this
    heading not less than quarterly until fully
    disbursed: <>   Provided further, That in such report
    the Secretary shall provide a timeline for the obligation and
    disbursement of any funds that have not yet been obligated or disbursed.

    contribution to the international bank for reconstruction and
    development

    For payment to the International Bank for Reconstruction and
    Development by the Secretary of the Treasury for the United States share
    of the paid-in portion of the increases in capital stock, $206,500,000,
    to remain available until expended.

    limitation on callable capital subscriptions

    The United States Governor of the International Bank for
    Reconstruction and Development may subscribe without fiscal year
    limitation to the callable capital portion of the United States share of
    increases in capital stock in an amount not to exceed $1,421,275,728.70.

    contribution to the international development association

    For payment to the International Development Association by the
    Secretary of the Treasury, $1,001,400,000, to remain available until
    expended.

    contribution to the asian development fund

    For payment to the Asian Development Bank's Asian Development Fund
    by the Secretary of the Treasury, $47,395,000, to remain available until
    expended.

    contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the
    Treasury for the United States share of the paid-in portion of the
    increases in capital stock, $54,648,752, to remain available until
    expended.

    limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation to the callable capital

    [[Page 1715]]

    portion of the United States share of increases in capital stock in an
    amount not to exceed $856,174,624.

    contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the
    Treasury, $171,300,000, to remain available until expended.

    contribution to the north american development bank

    limitation on callable capital subscriptions

    The Secretary of the Treasury may subscribe without fiscal year
    limitation to the callable capital portion of the United States share of
    capital stock in an amount not to exceed $1,020,000,000:  Provided, That
    such authority is in addition to any other authority otherwise available
    in this Act and under any other provision of law.

    contribution to the international fund for agricultural development

    For <>  payment to the International
    Fund for Agricultural Development by the Secretary of the Treasury,
    $32,500,000, to remain available until, and to be fully disbursed not
    later than, September 30, 2022, for the third installment of the
    eleventh replenishment of the International Fund for Agricultural
    Development:  Provided, That <>  the
    Secretary of the Treasury shall report to the Committees on
    Appropriations on the status of such payment not less than quarterly
    until fully disbursed:  Provided further, That in <>
    such report the Secretary shall provide a timeline for the obligation
    and disbursement of any funds that have not yet been obligated or
    disbursed.

    TITLE VI

    EXPORT AND INVESTMENT ASSISTANCE

    Export-import Bank of the United States

    inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $6,500,000, of which up to $975,000 may remain available
    until September 30, 2022.

    program account

    The <>  Export-Import Bank of the United States is
    authorized to make such expenditures within the limits of funds and
    borrowing authority available to such corporation, and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations, as provided by section 9104 of title 31, United
    States Code, as may be necessary in carrying out the program for the
    current fiscal year for such corporation:  Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments

    [[Page 1716]]

    for the export of nuclear equipment, fuel, or technology to any country,
    other than a nuclear-weapon state as defined in Article IX of the Treaty
    on the Non-Proliferation of Nuclear Weapons eligible to receive economic
    or military assistance under this Act, that has detonated a nuclear
    explosive after the date of enactment of this Act.

    administrative expenses

    For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by section 3109 of title 5, United States
    Code, and not to exceed $30,000 for official reception and
    representation expenses for members of the Board of Directors, not to
    exceed $110,000,000, of which up to $16,500,000 may remain available
    until September 30, 2022:  Provided, That the Export-Import Bank (the
    Bank) may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made: <>
    Provided further, That notwithstanding subsection (b) of section 117 of
    the Export Enhancement Act of 1992, subsection (a) of such section shall
    remain in effect until September 30, 2021:  Provided further,
    That <>  the Bank shall charge fees for necessary expenses
    (including special services performed on a contract or fee basis, but
    not including other personal services) in connection with the collection
    of moneys owed the Bank, repossession or sale of pledged collateral or
    other assets acquired by the Bank in satisfaction of moneys owed the
    Bank, or the investigation or appraisal of any property, or the
    evaluation of the legal, financial, or technical aspects of any
    transaction for which an application for a loan, guarantee or insurance
    commitment has been made, or systems infrastructure directly supporting
    transactions:  Provided further, That in addition to other funds
    appropriated for administrative expenses, such fees shall be credited to
    this account for such purposes, to remain available until expended.

    receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945
    (Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account:  Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0.

    United States International Development Finance Corporation

    inspector general

    For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978 (5
    U.S.C. App.), $2,000,000, to remain available until September 30, 2022.

    [[Page 1717]]

    corporate capital account

    The United States International Development Finance Corporation (the
    Corporation) is authorized to make such expenditures and commitments
    within the limits of funds and borrowing authority available to the
    Corporation, and in accordance with the law, and to make such
    expenditures and commitments without regard to fiscal year limitations,
    as provided by section 9104 of title 31, United States Code, as may be
    necessary in carrying out the programs for the current fiscal year for
    the Corporation:  Provided, That for necessary expenses of the
    activities described in subsections (b), (c), (e), (f), and (g) of
    section 1421 of the BUILD Act of 2018 (division F of Public Law 115-254)
    and for administrative expenses to carry out authorized activities and
    project-specific transaction costs described in section 1434(d) of such
    Act, $569,000,000:  Provided further, That of the amount provided--
    (1) $119,000,000 shall remain available until September 30,
    2023, for administrative expenses to carry out authorized
    activities (including an amount for official reception and
    representation expenses which shall not exceed $25,000) and
    project-specific transaction costs as described in section
    1434(k) of such Act, of which $1,000,000 shall remain available
    until September 30, 2025;
    (2) $450,000,000 shall remain available until September 30,
    2023, for the activities described in subsections (b), (c), (e),
    (f), and (g) of section 1421 of the BUILD Act of 2018, except
    such amounts obligated in a fiscal year for activities described
    in section 1421(c) of such Act shall remain available for
    disbursement for the term of the underlying project:  Provided
    further, That <>  if the term
    of the project extends longer than 10 fiscal years, the Chief
    Executive Officer of the Corporation shall inform the
    appropriate congressional committees prior to the obligation or
    disbursement of funds, as applicable:  Provided further, That
    amounts made available under this paragraph may be paid to the
    ``United States International Development Finance Corporation--
    Program Account'' for programs authorized by subsections (b),
    (e), (f), and (g) of section 1421 of the BUILD Act of 2018:

    Provided further, That <>  funds may
    only be obligated pursuant to section 1421(g) of the BUILD Act of 2018
    subject to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the Committees on
    Appropriations:  Provided further, That <>  in
    fiscal year 2021 collections of amounts described in section 1434(h) of
    the BUILD Act of 2018 shall be credited as offsetting collections to
    this appropriation:  Provided further, That such collections collected
    in fiscal year 2021 in excess of $569,000,000 shall be credited to this
    account and shall be available in future fiscal years only to the extent
    provided in advance in appropriations Acts:  Provided further, That in
    fiscal year 2021, if such collections are less than $569,000,000,
    receipts collected pursuant to the BUILD Act of 2018 and the Federal
    Credit Reform Act of 1990, in an amount equal to such shortfall, shall
    be credited as offsetting collections to this appropriation:  Provided
    further, That funds appropriated or otherwise made available under this
    heading may not be used to provide any type of assistance that is
    otherwise prohibited by any other provision of law or to provide
    assistance to any foreign country that is

    [[Page 1718]]

    otherwise prohibited by any other provision of law:  Provided further,
    That the <>  sums herein appropriated from the General
    Fund shall be reduced on a dollar-for-dollar basis by the offsetting
    collections described under this heading so as to result in a final
    fiscal year appropriation from the General Fund estimated at
    $191,000,000.

    program account

    Amounts paid from ``United States International Development Finance
    Corporation--Corporate Capital Account'' (CCA) shall remain available
    until September 30, 2023:  Provided, That up to $500,000,000 of amounts
    paid to this account from CCA or transferred to this account pursuant to
    section 1434(j) of the BUILD Act of 2018 (division F of Public Law 115-
    254) shall be available for the costs of direct and guaranteed loans
    provided by the Corporation pursuant to section 1421(b) of such Act:
    Provided further, That such costs, including the cost of modifying such
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974:  Provided further, That <>  such amounts obligated in a fiscal year shall remain
    available for disbursement for the following 8 fiscal
    years: <>   Provided further, That funds transferred
    to carry out the Foreign Assistance Act of 1961 pursuant to section
    1434(j) of the BUILD Act of 2018 may remain available for obligation for
    1 additional fiscal year:  Provided further, That the total loan
    principal or guaranteed principal amount shall not exceed
    $8,000,000,000.

    trade and development agency

    For necessary expenses to carry out the provisions of section 661 of
    the Foreign Assistance Act of 1961, $79,500,000, to remain available
    until September 30, 2022, of which no more than $19,000,000 may be used
    for administrative expenses:  Provided, That of the funds appropriated
    under this heading, not more than $5,000 may be available for
    representation and entertainment expenses.

    TITLE VII

    GENERAL PROVISIONS

    allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by section 3109 of such title and for
    hire of passenger transportation pursuant to section 1343(b) of title
    31, United States Code.

    unobligated balances report

    Sec. 7002.  Any <>  department or
    agency of the United States Government to which funds are appropriated
    or otherwise made available by this Act shall provide to the Committees
    on Appropriations a quarterly accounting of cumulative unobligated
    balances and obligated, but unexpended, balances by program, project,
    and activity, and Treasury Account Fund Symbol of all funds received

    [[Page 1719]]

    by such department or agency in fiscal year 2021 or any previous fiscal
    year, disaggregated by fiscal year:  Provided, That the report required
    by this section shall be submitted not later than 30 days after the end
    of each fiscal quarter and should specify by account the amount of funds
    obligated pursuant to bilateral agreements which have not been further
    sub-obligated.

    consulting services

    Sec. 7003.  The <>  expenditure of any
    appropriation under title I of this Act for any consulting service
    through procurement contract, pursuant to section 3109 of title 5,
    United States Code, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or under
    existing Executive order issued pursuant to existing law.

    diplomatic facilities

    Sec. 7004. (a) Capital Security Cost Sharing Exception.--
    Notwithstanding paragraph (2) of section 604(e) of the Secure Embassy
    Construction and Counterterrorism Act of 1999 (title VI of division A of
    H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106-
    113 and contained in appendix G of that Act), as amended by section 111
    of the Department of State Authorities Act, Fiscal Year 2017 (Public Law
    114-323), a project to construct a facility of the United States may
    include office space or other accommodations for members of the United
    States Marine Corps.
    (b) <>  New Diplomatic
    Facilities.--For the purposes of calculating the fiscal year 2021 costs
    of providing new United States diplomatic facilities in accordance with
    section 604(e) of the Secure Embassy Construction and Counterterrorism
    Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
    consultation with the Director of the Office of Management and Budget,
    shall determine the annual program level and agency shares in a manner
    that is proportional to the contribution of the Department of State for
    this purpose.

    (c) Consultation and Notification.--Funds appropriated by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, which may be made available
    for the acquisition of property or award of construction contracts for
    overseas United States diplomatic facilities during fiscal year 2021,
    shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided,
    That notifications pursuant to this subsection shall include the
    information enumerated under the heading ``Embassy Security,
    Construction, and Maintenance'' in House Report 116-444.
    (d) Interim and Temporary Facilities Abroad.--
    (1) <>  Security vulnerabilities.--
    Funds appropriated by this Act under the heading ``Embassy
    Security, Construction, and Maintenance'' may be made available,
    following consultation with the appropriate congressional
    committees, to address security vulnerabilities at interim and
    temporary United States diplomatic facilities abroad, including
    physical security upgrades and local guard staffing, except that
    the amount of funds made available for such purposes from this
    Act and prior Acts making appropriations for the Department of
    State,

    [[Page 1720]]

    foreign operations, and related programs shall be a minimum of
    $25,000,000.
    (2) <>
    Consultation.--Notwithstanding any other provision of law, the
    opening, closure, or any significant modification to an interim
    or temporary United States diplomatic facility shall be subject
    to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the
    Committees on Appropriations, except that such consultation and
    notification may be waived if there is a security risk to
    personnel.

    (e) Soft Targets.--Of the funds appropriated by this Act under the
    heading ``Embassy Security, Construction, and Maintenance'', not less
    than $10,000,000 shall be made available for security upgrades to soft
    targets, including schools, recreational facilities, and residences used
    by United States diplomatic personnel and their dependents.

    personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded
    under title I of this Act resulting from personnel actions taken in
    response to funding reductions included in this Act shall be absorbed
    within the total budgetary resources available under title I to such
    department or agency:  Provided, That the authority to transfer funds
    between appropriations accounts as may be necessary to carry out this
    section is provided in addition to authorities included elsewhere in
    this Act:  Provided further, That use of funds to carry out this section
    shall be treated as a reprogramming of funds under section 7015 of this
    Act.

    prohibition on publicity or propaganda

    Sec. 7006.  No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before enactment of this Act by Congress:  Provided, That
    up to $25,000 may be made available to carry out the provisions of
    section 316 of the International Security and Development Cooperation
    Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a note).

    prohibition against direct funding for certain countries

    Sec. 7007.  None <>  of the funds
    appropriated or otherwise made available pursuant to titles III through
    VI of this Act shall be obligated or expended to finance directly any
    assistance or reparations for the governments of Cuba, North Korea,
    Iran, or Syria:  Provided, That for purposes of this section, the
    prohibition on obligations or expenditures shall include direct loans,
    credits, insurance, and guarantees of the Export-Import Bank or its
    agents.

    coups d'etat

    Sec. 7008.  None of the funds appropriated or otherwise made
    available pursuant to titles III through VI of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup d'etat or decree or, after the date of
    enactment of this Act, a coup d'etat or decree in which the

    [[Page 1721]]

    military plays a decisive role: <>
    Provided, That assistance may be resumed to such government if the
    Secretary of State certifies and reports to the appropriate
    congressional committees that subsequent to the termination of
    assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply to
    assistance to promote democratic elections or public participation in
    democratic processes:  Provided further, That <>
    funds made available pursuant to the previous provisos shall be subject
    to the regular notification procedures of the Committees on
    Appropriations.

    transfer of funds authority

    Sec. 7009. (a) Department of State and United States Agency for
    Global Media.--
    (1) Department of state.--
    (A) In general.--Not to exceed 5 percent of any
    appropriation made available for the current fiscal year
    for the Department of State under title I of this Act
    may be transferred between, and merged with, such
    appropriations, but no such appropriation, except as
    otherwise specifically provided, shall be increased by
    more than 10 percent by any such transfers, and no such
    transfer may be made to increase the appropriation under
    the heading ``Representation Expenses''.

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

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

    [[Page 1722]]

    Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    (2) Allocation and transfers.--Notwithstanding paragraph
    (1), in addition to transfers made by, or authorized elsewhere
    in, this Act, funds appropriated by this Act to carry out the
    purposes of the Foreign Assistance Act of 1961 may be allocated
    or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the
    Foreign Assistance Act of 1961, and section 1434(j) of the BUILD
    Act of 2018 (division F of Public Law 115-254).
    (3) Notification.--Any agreement entered into by the United
    States Agency for International Development or the Department of
    State with any department, agency, or instrumentality of the
    United States Government pursuant to section 632(b) of the
    Foreign Assistance Act of 1961 valued in excess of $1,000,000
    and any agreement made pursuant to section 632(a) of such Act,
    with funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs under the headings ``Global Health
    Programs'', ``Development Assistance'', ``Economic Support
    Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
    shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided, That the requirement in
    the previous sentence shall not apply to agreements entered into
    between USAID and the Department of State.

    (c) Limitation on United States International Development Finance
    Corporation.--Amounts transferred pursuant to section 1434(j) of the
    BUILD Act of 2018 (division F of Public Law 115-254) may only be
    transferred from funds made available under title III of this Act, and
    such amounts shall not exceed $50,000,000:  Provided,
    That <>  any such transfers shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations:  Provided further, That
    the Secretary of State, the Administrator of the United States Agency
    for International Development, and the Chief Executive Officer of the
    United States International Development Finance Corporation (the
    Corporation), as appropriate, shall ensure that the programs funded by
    such transfers are coordinated with, and complement, foreign assistance
    programs implemented by the Department of State and USAID:  Provided
    further, That no funds transferred pursuant to such authority may be
    used by the Corporation to post personnel abroad or for activities
    described in section 1421(c) of the BUILD Act of 2018.

    (d) <>  Transfer of Funds Between Accounts.--None of the funds
    made available under titles II through V of this Act may be obligated
    under an appropriations account to which such funds were not
    appropriated, except for transfers specifically provided for in this
    Act, unless the President, not less than 5 days prior to the exercise of
    any authority contained in the Foreign Assistance Act of 1961 to
    transfer funds, consults with and provides a written policy
    justification to the Committees on Appropriations.

    (e) Audit of Inter-Agency Transfers of Funds.--Any agreement for the
    transfer or allocation of funds appropriated by this Act or prior Acts
    making appropriations for the Department of

    [[Page 1723]]

    State, foreign operations, and related programs entered into between the
    Department of State or USAID and another agency of the United States
    Government under the authority of section 632(a) of the Foreign
    Assistance Act of 1961, or any comparable provision of law, shall
    expressly provide that the Inspector General (IG) for the agency
    receiving the transfer or allocation of such funds, or other entity with
    audit responsibility if the receiving agency does not have an IG, shall
    perform periodic program and financial audits of the use of such funds
    and report to the Department of State or USAID, as appropriate, upon
    completion of such audits:  Provided, That such audits shall be
    transmitted to the Committees on Appropriations by the Department of
    State or USAID, as appropriate:  Provided further, That funds
    transferred under such authority may be made available for the cost of
    such audits.
    (f) Transfer of Overseas Contingency Operations/Global War on
    Terrorism Funds.--Funds appropriated by this Act under the headings
    ``Peacekeeping Operations'' and ``Foreign Military Financing Program''
    that are designated by the Congress for Overseas Contingency Operations/
    Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
    Balanced Budget and Emergency Deficit Control Act of 1985 may be
    transferred to, and merged with, such funds appropriated under such
    headings:  Provided, That such transfer authority may only be exercised
    to address contingencies:  Provided further, That such transfer
    authority is in addition to any transfer authority otherwise available
    under any other provision of law, including section 610 of the Foreign
    Assistance Act of 1961: <>   Provided
    further, That such transfer authority shall be subject to prior
    consultation with, and the regular notification procedures of, the
    Committees on Appropriations.

    prohibition and limitation on certain expenses

    Sec. 7010. (a) First-Class Travel.--None of the funds made available
    by this Act may be used for first-class travel by employees of United
    States Government departments and agencies funded by this Act in
    contravention of section 301-10.122 through 301-10.124 of title 41, Code
    of Federal Regulations.
    (b) <>  Computer Networks.--None
    of the funds made available by this Act for the operating expenses of
    any United States Government department or agency may be used to
    establish or maintain a computer network for use by such department or
    agency unless such network has filters designed to block access to
    sexually explicit websites:  Provided, That nothing in this subsection
    shall limit the use of funds necessary for any Federal, State, tribal,
    or local law enforcement agency, or any other entity carrying out the
    following activities: criminal investigations, prosecutions, and
    adjudications; administrative discipline; and the monitoring of such
    websites undertaken as part of official business.

    (c) Prohibition on Promotion of Tobacco.--None of the funds made
    available by this Act shall be available to promote the sale or export
    of tobacco or tobacco products (including electronic nicotine delivery
    systems), or to seek the reduction or removal by any foreign country of
    restrictions on the marketing of tobacco or tobacco products (including
    electronic nicotine delivery systems), except for restrictions which are
    not applied equally to all tobacco

    [[Page 1724]]

    or tobacco products (including electronic nicotine delivery systems) of
    the same type.
    (d) Email Servers Outside the .gov Domain.--None of the funds
    appropriated by this Act under the headings ``Diplomatic Programs'' and
    ``Capital Investment Fund'' in title I, and ``Operating Expenses'' and
    ``Capital Investment Fund'' in title II that are made available to the
    Department of State and the United States Agency for International
    Development may be made available to support the use or establishment of
    email accounts or email servers created outside the .gov domain or not
    fitted for automated records management as part of a Federal government
    records management program in contravention of the Presidential and
    Federal Records Act Amendments of 2014 (Public Law 113-187).
    (e) Representation and Entertainment Expenses.--Each Federal
    department, agency, or entity funded in titles I or II of this Act, and
    the Department of the Treasury and independent agencies funded in titles
    III or VI of this Act, shall take steps to ensure that domestic and
    overseas representation and entertainment expenses further official
    agency business and United States foreign policy interests, and--
    (1) are primarily for fostering relations outside of the
    Executive Branch;
    (2) are principally for meals and events of a protocol
    nature;
    (3) are not for employee-only events; and
    (4) do not include activities that are substantially of a
    recreational character.

    (f) Limitations on Entertainment Expenses.--None of the funds
    appropriated or otherwise made available by this Act under the headings
    ``International Military Education and Training'' or ``Foreign Military
    Financing Program'' for Informational Program activities or under the
    headings ``Global Health Programs'', ``Development Assistance'',
    ``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
    Central Asia'' may be obligated or expended to pay for--
    (1) alcoholic beverages; or
    (2) entertainment expenses for activities that are
    substantially of a recreational character, including entrance
    fees at sporting events, theatrical and musical productions, and
    amusement parks.

    availability of funds

    Sec. 7011.  No <>  part of any appropriation
    contained in this Act shall remain available for obligation after the
    expiration of the current fiscal year unless expressly so provided by
    this Act:  Provided, That funds appropriated for the purposes of
    chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
    part II of the Foreign Assistance Act of 1961, section 23 of the Arms
    Export Control Act (22 U.S.C. 2763), and funds made available for
    ``United States International Development Finance Corporation'' and
    under the heading ``Assistance for Europe, Eurasia and Central Asia''
    shall remain available for an additional 4 years from the date on which
    the availability of such funds would otherwise have expired, if such
    funds are initially obligated before the expiration of their respective
    periods of availability contained in this Act:  Provided further, That
    notwithstanding any other provision of this Act, any funds made
    available for the purposes of chapter 1 of

    [[Page 1725]]

    part I and chapter 4 of part II of the Foreign Assistance Act of 1961
    which are allocated or obligated for cash disbursements in order to
    address balance of payments or economic policy reform objectives, shall
    remain available for an additional 4 years from the date on which the
    availability of such funds would otherwise have expired, if such funds
    are initially allocated or obligated before the expiration of their
    respective periods of availability contained in this
    Act: <>   Provided further, That the Secretary of State
    and the Administrator of the United States Agency for International
    Development shall provide a report to the Committees on Appropriations
    not later than October 31, 2021, detailing by account and source year,
    the use of this authority during the previous fiscal year.

    limitation on assistance to countries in default

    Sec. 7012.  No <>  part of any
    appropriation provided under titles III through VI in this Act shall be
    used to furnish assistance to the government of any country which is in
    default during a period in excess of 1 calendar year in payment to the
    United States of principal or interest on any loan made to the
    government of such country by the United States pursuant to a program
    for which funds are appropriated under this Act unless the President
    determines, following consultation with the Committees on
    Appropriations, that assistance for such country is in the national
    interest of the United States.

    prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles III through VI of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State and the Administrator of the United States Agency for
    International Development shall expeditiously seek to negotiate
    amendments to existing bilateral agreements, as necessary, to conform
    with this requirement.
    (b) <>  Notification and Reimbursement of Foreign
    Taxes.--An amount equivalent to 200 percent of the total taxes assessed
    during fiscal year 2021 on funds appropriated by this Act and prior Acts
    making appropriations for the Department of State, foreign operations,
    and related programs by a foreign government or entity against United
    States assistance programs, either directly or through grantees,
    contractors, and subcontractors, shall be withheld from obligation from
    funds appropriated for assistance for fiscal year 2022 and for prior
    fiscal years and allocated for the central government of such country or
    for the West Bank and Gaza program, as applicable, if, not later than
    September 30, 2022, such taxes have not been
    reimbursed: <>   Provided, That the Secretary of State
    shall report to the Committees on Appropriations not later than 30 days
    after enactment of this Act and then quarterly thereafter until
    September 30, 2021, on the foreign governments and entities that have
    not reimbursed such taxes, including any amount of funds withheld
    pursuant to this subsection.

    [[Page 1726]]

    (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for each
    foreign government or entity pursuant to subsection (b) shall be
    reprogrammed for assistance for countries which do not assess taxes on
    United States assistance or which have an effective arrangement that is
    providing substantial reimbursement of such taxes, and that can
    reasonably accommodate such assistance in a programmatically responsible
    manner.
    (e) Determinations.--
    (1) <>  In general.--The provisions of this
    section shall not apply to any foreign government or entity that
    assesses such taxes if the Secretary of State reports to the
    Committees on Appropriations that--
    (A) such foreign government or entity has an
    effective arrangement that is providing substantial
    reimbursement of such taxes; or
    (B) the foreign policy interests of the United
    States outweigh the purpose of this section to ensure
    that United States assistance is not subject to
    taxation.
    (2) <>  Consultation.--The Secretary of
    State shall consult with the Committees on Appropriations at
    least 15 days prior to exercising the authority of this
    subsection with regard to any foreign government or entity.

    (f) <>  Implementation.--The Secretary
    of State shall issue and update rules, regulations, or policy guidance,
    as appropriate, to implement the prohibition against the taxation of
    assistance contained in this section.

    (g) Definitions.--As used in this section:
    (1) Bilateral agreement.--The term ``bilateral agreement''
    refers to a framework bilateral agreement between the Government
    of the United States and the government of the country receiving
    assistance that describes the privileges and immunities
    applicable to United States foreign assistance for such country
    generally, or an individual agreement between the Government of
    the United States and such government that describes, among
    other things, the treatment for tax purposes that will be
    accorded the United States assistance provided under that
    agreement.
    (2) Taxes and taxation.--The term ``taxes and taxation''
    shall include value added taxes and customs duties but shall not
    include individual income taxes assessed to local staff.

    reservations of funds

    Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
    through VI of this Act which are specifically designated may be
    reprogrammed for other programs within the same account notwithstanding
    the designation if compliance with the designation is made impossible by
    operation of any provision of this or any other
    Act: <>   Provided, That any such reprogramming
    shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That assistance that is
    reprogrammed pursuant to this subsection shall be made available under
    the same terms and conditions as originally provided.

    (b) <>  Extension of Availability.--
    In addition to the authority contained in subsection (a), the original
    period of availability of

    [[Page 1727]]

    funds appropriated by this Act and administered by the Department of
    State or the United States Agency for International Development that are
    specifically designated for particular programs or activities by this or
    any other Act may be extended for an additional fiscal year if the
    Secretary of State or the USAID Administrator, as appropriate,
    determines and reports promptly to the Committees on Appropriations that
    the termination of assistance to a country or a significant change in
    circumstances makes it unlikely that such designated funds can be
    obligated during the original period of availability:  Provided, That
    such designated funds that continue to be available for an additional
    fiscal year shall be obligated only for the purpose of such designation.

    (c) Other Acts.--Ceilings and specifically designated funding levels
    contained in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs:  Provided, That specifically
    designated funding levels or minimum funding requirements contained in
    any other Act shall not be applicable to funds appropriated by this Act.

    notification requirements

    Sec. 7015. (a) Notification of Changes in Programs, Projects, and
    Activities.--None of <> the funds made available in
    titles I, II, and VI, and under the headings ``Peace Corps'' and
    ``Millennium Challenge Corporation'', of this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs to the departments and agencies funded by this Act that
    remain available for obligation in fiscal year 2021, or provided from
    any accounts in the Treasury of the United States derived by the
    collection of fees or of currency reflows or other offsetting
    collections, or made available by transfer, to the departments and
    agencies funded by this Act, shall be available for obligation to--
    (1) create new programs;
    (2) suspend or eliminate a program, project, or activity;
    (3) close, suspend, open, or reopen a mission or post;
    (4) create, close, reorganize, downsize, or rename bureaus,
    centers, or offices; or
    (5) contract out or privatize any functions or activities
    presently performed by Federal employees;

    unless previously justified to the Committees on Appropriations or such
    Committees are notified 15 days in advance of such obligation.
    (b) Notification of Reprogramming of Funds.--None of the funds
    provided under titles I, II, and VI of this Act or prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, to the departments and agencies funded under such
    titles that remain available for obligation in fiscal year 2021, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the department and agency funded
    under title I of this Act, shall be available for obligation or
    expenditure for programs, projects, or activities through a
    reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
    is less, that--
    (1) augments or changes existing programs, projects, or
    activities;

    [[Page 1728]]

    (2) relocates an existing office or employees;
    (3) reduces by 10 percent funding for any existing program,
    project, or activity, or numbers of personnel by 10 percent as
    approved by Congress; or
    (4) results from any general savings, including savings from
    a reduction in personnel, which would result in a change in
    existing programs, projects, or activities as approved by
    Congress;

    unless the Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
    (c) Notification Requirement.--None of the funds made available by
    this Act under the headings ``Global Health Programs'', ``Development
    Assistance'', ``International Organizations and Programs'', ``Trade and
    Development Agency'', ``International Narcotics Control and Law
    Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
    ``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
    Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
    Financing Program'', ``International Military Education and Training'',
    ``United States International Development Finance Corporation'', and
    ``Peace Corps'', shall be available for obligation for programs,
    projects, activities, type of materiel assistance, countries, or other
    operations not justified or in excess of the amount justified to the
    Committees on Appropriations for obligation under any of these specific
    headings unless the Committees on Appropriations are notified 15 days in
    advance of such obligation:  Provided, That <>  the
    President shall not enter into any commitment of funds appropriated for
    the purposes of section 23 of the Arms Export Control Act for the
    provision of major defense equipment, other than conventional
    ammunition, or other major defense items defined to be aircraft, ships,
    missiles, or combat vehicles, not previously justified to Congress or 20
    percent in excess of the quantities justified to Congress unless the
    Committees on Appropriations are notified 15 days in advance of such
    commitment:  Provided further, That requirements of this subsection or
    any similar provision of this or any other Act shall not apply to any
    reprogramming for a program, project, or activity for which funds are
    appropriated under titles III through VI of this Act of less than 10
    percent of the amount previously justified to Congress for obligation
    for such program, project, or activity for the current fiscal year:
    Provided further, That any notification submitted pursuant to subsection
    (f) of this section shall include information (if known on the date of
    transmittal of such notification) on the use of notwithstanding
    authority.

    (d) Department of Defense Programs and Funding Notifications.--
    (1) <>  Programs.--None of the funds
    appropriated by this Act or prior Acts making appropriations for
    the Department of State, foreign operations, and related
    programs may be made available to support or continue any
    program initially funded under any authority of title 10, United
    States Code, or any Act making or authorizing appropriations for
    the Department of Defense, unless the Secretary of State, in
    consultation with the Secretary of Defense and in accordance
    with the regular notification procedures of the Committees on
    Appropriations, submits a justification to such Committees that
    includes a

    [[Page 1729]]

    description of, and the estimated costs associated with, the
    support or continuation of such program.
    (2) Funding.--Notwithstanding any other provision of law,
    funds transferred by the Department of Defense to the Department
    of State and the United States Agency for International
    Development for assistance for foreign countries and
    international organizations shall be subject to the regular
    notification procedures of the Committees on Appropriations.
    (3) Notification on excess defense articles.--Prior to
    providing excess Department of Defense articles in accordance
    with section 516(a) of the Foreign Assistance Act of 1961, the
    Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions
    as other committees pursuant to subsection (f) of that section:
    Provided, That before issuing a letter of offer to sell excess
    defense articles under the Arms Export Control Act, the
    Department of Defense shall notify the Committees on
    Appropriations in accordance with the regular notification
    procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of
    the Arms Export Control Act) or are valued (in terms of original
    acquisition cost) at $7,000,000 or more, or if notification is
    required elsewhere in this Act for the use of appropriated funds
    for specific countries that would receive such excess defense
    articles:  Provided further, That such Committees shall also be
    informed of the original acquisition cost of such defense
    articles.

    (e) Waiver.--The requirements of this section or any similar
    provision of this Act or any other Act, including any prior Act
    requiring notification in accordance with the regular notification
    procedures of the Committees on Appropriations, may be waived if failure
    to do so would pose a substantial risk to human health or
    welfare: <>   Provided, That in case of any such
    waiver, notification to the Committees on Appropriations shall be
    provided as early as practicable, but in no event later than 3 days
    after taking the action to which such notification requirement was
    applicable, in the context of the circumstances necessitating such
    waiver:  Provided further, That any notification provided pursuant to
    such a waiver shall contain an explanation of the emergency
    circumstances.

    (f) Country Notification Requirements.--None of the funds
    appropriated under titles III through VI of this Act may be obligated or
    expended for assistance for Afghanistan, Bahrain, Burma, Cambodia,
    Colombia, Cuba, Egypt, El Salvador, Ethiopia, Greenland, Guatemala,
    Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
    Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
    Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
    as provided through the regular notification procedures of the
    Committees on Appropriations.
    (g) Trust Funds.--Funds appropriated or otherwise made available in
    title III of this Act and prior Acts making funds available for the
    Department of State, foreign operations, and related programs that are
    made available for a trust fund held by an international financial
    institution shall be subject to the regular notification procedures of
    the Committees on Appropriations and such notification shall include the
    information specified under this section in House Report 116-444.

    [[Page 1730]]

    (h) Other Program Notification Requirement.--
    (1) <>  Diplomatic programs.--Funds
    appropriated under title I of this Act under the heading
    ``Diplomatic Programs'' that are made available for lateral
    entry into the Foreign Service shall be subject to prior
    consultation with, and the regular notification procedures of,
    the Committees on Appropriations.
    (2) Other programs.--Funds appropriated by this Act that are
    made available for the following programs and activities shall
    be subject to the regular notification procedures of the
    Committees on Appropriations:
    (A) <>  the Global Engagement
    Center, except that the Secretary of State shall consult
    with the Committees on Appropriations prior to
    submitting such notification;
    (B) the Power Africa and Prosper Africa initiatives;
    (C) community-based police assistance conducted
    pursuant to the authority of section 7035(a)(1) of this
    Act;
    (D) the Prevention and Stabilization Fund and the
    Multi-Donor Global Fragility Fund;
    (E) the Indo-Pacific Strategy;
    (F) the Global Security Contingency Fund;
    (G) the Countering Chinese Influence Fund and the
    Countering Russian Influence Fund;
    (H) the Program to End Modern Slavery; and
    (I) the Women's Global Development and Prosperity
    Fund.
    (3) <>  Democracy program policy and
    procedures.--Modifications to democracy program policy and
    procedures, including relating to the use of consortia, by the
    Department of State and USAID shall be subject to prior
    consultation with, and the regular notification procedures of,
    the Committees on Appropriations.
    (4) <>  Arms sales.--The
    reports, notifications, and certifications, and any other
    documents, required to be submitted pursuant to section 36(a) of
    the Arms Export Control Act (22 U.S.C. 2776), and such documents
    submitted pursuant to section 36(b) through (d) of such Act with
    respect to countries that have received assistance provided with
    funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs, shall be concurrently submitted to the
    Committees on Appropriations and shall include information about
    the source of funds for any sale or transfer, as applicable, if
    known at the time of submission.

    (i) Withholding of Funds.--Funds appropriated by this Act under
    titles III and IV that are withheld from obligation or otherwise not
    programmed as a result of application of a provision of law in this or
    any other Act shall, if reprogrammed, be subject to the regular
    notification procedures of the Committees on Appropriations.
    (j) Foreign Assistance and Global Health Security Reviews.--Funds
    appropriated <>  by this Act that are made
    available to make programmatic, funding, and organizational changes
    resulting from implementation of any foreign assistance review or
    realignment shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations:  Provided,
    That <>  such
    notifications may be submitted in classified form, if necessary:
    Provided further, That the consultation

    [[Page 1731]]

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

    (k) <>  Prior Consultation Requirement.--The
    Secretary of State, the Administrator of the United States Agency for
    International Development, the Chief Executive Officer of the United
    States International Development Finance Corporation, and the Chief
    Executive Officer of the Millennium Challenge Corporation shall consult
    with the Committees on Appropriations at least 7 days prior to informing
    a government of, or publically announcing a decision on, the suspension
    or early termination of assistance to a country or a territory,
    including as a result of an interagency review of such assistance, from
    funds appropriated by this Act or prior Acts making appropriations for
    the Department of State, foreign operations, and related programs:
    Provided, That such consultation shall include a detailed justification
    for such suspension, including a description of the assistance being
    suspended.

    (l) Report on Funds Received From Foreign Governments.--The
    Secretary of State and the USAID Administrator, as appropriate, shall
    report to the Committees on Appropriations on a quarterly basis until
    September 30, 2021, on funds received from foreign governments pursuant
    to sections 607 and 635(d) of the Foreign Assistance Act of 1961, other
    than from countries that are North Atlantic Treaty Organization (NATO)
    or major non-NATO allies designated pursuant to section 517(b) of such
    Act:  Provided, That such report shall include the requirements
    described under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act).

    document requests, records management, and related cybersecurity
    protections

    Sec. 7016. (a) Document Requests.--None of the funds appropriated or
    made available pursuant to titles III through VI of this Act shall be
    available to a nongovernmental organization, including any contractor,
    which fails to provide upon timely request any document, file, or record
    necessary to the auditing requirements of the Department of State and
    the United States Agency for International Development.
    (b) Records Management and Related Cybersecurity Protections.--The
    Secretary of State and USAID Administrator shall--
    (1) <>  regularly review
    and update the policies, directives, and oversight necessary to
    comply with Federal statutes, regulations, and presidential
    executive orders and memoranda concerning the preservation of
    all records made or received in the conduct of official
    business, including record emails, instant messaging, and other
    online tools;
    (2) use funds appropriated by this Act under the headings
    ``Diplomatic Programs'' and ``Capital Investment Fund'' in title
    I, and ``Operating Expenses'' and ``Capital Investment Fund'' in
    title II, as appropriate, to improve Federal records management
    pursuant to the Federal Records Act (44 U.S.C. Chapters 21, 29,
    31, and 33) and other applicable Federal records management
    statutes, regulations, or policies for the Department of State
    and USAID;

    [[Page 1732]]

    (3) direct departing employees, including senior officials,
    that all Federal records generated by such employees belong to
    the Federal Government;
    (4) substantially reduce, compared to the previous fiscal
    year, the response time for identifying and retrieving Federal
    records, including requests made pursuant to section 552 of
    title 5, United States Code (commonly known as the ``Freedom of
    Information Act''); and
    (5) <>  strengthen
    cybersecurity measures to mitigate vulnerabilities, including
    those resulting from the use of personal email accounts or
    servers outside the .gov domain, improve the process to identify
    and remove inactive user accounts, update and enforce guidance
    related to the control of national security information, and
    implement the recommendations of the applicable reports of the
    cognizant Office of Inspector General.

    use of funds in contravention of this act

    Sec. 7017.
    If <>  the
    President makes a determination not to comply with any provision of this
    Act on constitutional grounds, the head of the relevant Federal agency
    shall notify the Committees on Appropriations in writing within 5 days
    of such determination, the basis for such determination and any
    resulting changes to program or policy.

    prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide any
    financial incentive to any person to undergo sterilizations. None of the
    funds made available to carry out part I of the Foreign Assistance Act
    of 1961, as amended, may be used to pay for any biomedical research
    which relates in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family planning.
    None <>  of the funds made available to
    carry out part I of the Foreign Assistance Act of 1961, as amended, may
    be obligated or expended for any country or organization if the
    President certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

    allocations and reports

    Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
    appropriated by this Act under titles III through V shall be made
    available at not less than the amounts specifically designated in the
    respective tables included in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act):
    Provided, That such designated amounts for foreign countries and
    international organizations shall serve

    [[Page 1733]]

    as the amounts for such countries and international organizations
    transmitted to Congress in the report required by section 653(a) of the
    Foreign Assistance Act of 1961, and shall be made available for such
    foreign countries and international organizations notwithstanding the
    date of the transmission of such report.
    (b) Authorized Deviations Below Minimum Levels.--Unless otherwise
    provided for by this Act, the Secretary of State and the Administrator
    of the United States Agency for International Development, as
    applicable, may deviate by not more than 10 percent below the minimum
    amounts specifically designated in the respective tables in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act):  Provided,
    That <>  deviations pursuant to this subsection
    shall be subject to prior consultation with the Committees on
    Appropriations.

    (c) Limitation.--For specifically designated amounts that are
    included, pursuant to subsection (a), in the report required by section
    653(a) of the Foreign Assistance Act of 1961, deviations authorized by
    subsection (b) may only take place after submission of such report.
    (d) Exceptions.--
    (1) Subsections (a) and (b) shall not apply to--
    (A) amounts designated for ``International Military
    Education and Training'' in the respective tables
    included in the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act);
    (B) funds for which the initial period of
    availability has expired; and
    (C) amounts designated by this Act as minimum
    funding requirements.
    (2) The authority in subsection (b) to deviate below amounts
    designated in the respective tables included in the explanatory
    statement described in section 4 (in the matter preceding
    division A of this consolidated Act) shall not apply to the
    table included under the heading ``Global Health Programs'' in
    such statement.
    (3) <>  With respect to the amounts
    designated for ``Global Programs'' in the table under the
    heading ``Economic Support Fund'' included in the explanatory
    statement described in section 4 (in the matter preceding
    division A of this consolidated Act), subsection (b) shall be
    applied by substituting ``5 percent'' for ``10 percent''.

    (e) Reports.--The Secretary of State, USAID Administrator, and other
    designated officials, as appropriate, shall submit the reports required,
    in the manner described, in House Report 116-444 and the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), unless directed otherwise in such explanatory
    statement.
    (f) Clarification.--Funds appropriated by this Act under the
    headings ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' shall not be included for purposes of meeting
    amounts designated for countries in this Act or the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act), unless such headings are specifically designated
    as the source of funds.

    [[Page 1734]]

    multi-year pledges

    Sec. 7020.  None of the funds appropriated or otherwise made
    available by this Act may be used to make any pledge for future year
    funding for any multilateral or bilateral program funded in titles III
    through VI of this Act unless such pledge meets one or more of the
    requirements enumerated under section 7066 of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2019
    (division F of Public Law 116-6).

    prohibition on assistance to governments supporting international
    terrorism

    Sec. 7021. (a) <>  Lethal Military
    Equipment Exports.--
    (1) Prohibition.--None of the funds appropriated or
    otherwise made available under titles III through VI of this Act
    may be made available to any foreign government which provides
    lethal military equipment to a country the government of which
    the Secretary of State has determined supports international
    terrorism for purposes of section 1754(c) of the Export Reform
    Control Act of 2018 (50 U.S.C.
    4813(c)): <>   Provided, That
    the prohibition under this section with respect to a foreign
    government shall terminate 12 months after that government
    ceases to provide such military equipment:  Provided further,
    That this <>  section applies with
    respect to lethal military equipment provided under a contract
    entered into after October 1, 1997.
    (2) Determination.--Assistance restricted by paragraph (1)
    or any other similar provision of law, may be furnished if the
    President determines that to do so is important to the national
    interest of the United States.
    (3) <>  Report.--Whenever the President
    makes a determination pursuant to paragraph (2), the President
    shall submit to the Committees on Appropriations a report with
    respect to the furnishing of such assistance, including a
    detailed explanation of the assistance to be provided, the
    estimated dollar amount of such assistance, and an explanation
    of how the assistance furthers United States national interest.

    (b) Bilateral Assistance.--
    (1) Limitations.--Funds appropriated for bilateral
    assistance in titles III through VI of this Act and funds
    appropriated under any such title in prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs, shall not be made available to any foreign
    government which the President determines--
    (A) grants sanctuary from prosecution to any
    individual or group which has committed an act of
    international terrorism;
    (B) otherwise supports international terrorism; or
    (C) is controlled by an organization designated as a
    terrorist organization under section 219 of the
    Immigration and Nationality Act (8 U.S.C. 1189).
    (2) Waiver.--The President may waive the application of
    paragraph (1) to a government if the President determines that
    national security or humanitarian reasons justify such waiver:
    Provided, That <>  the President shall
    publish each such waiver in the Federal Register and, at least
    15 days before

    [[Page 1735]]

    the waiver takes effect, shall notify the Committees on
    Appropriations of the waiver (including the justification for
    the waiver) in accordance with the regular notification
    procedures of the Committees on Appropriations.

    authorization requirements

    Sec. 7022.  Funds appropriated by this Act, except funds
    appropriated under the heading ``Trade and Development Agency'', may be
    obligated and expended notwithstanding section 10 of Public Law 91-672
    (22 U.S.C. 2412), section 15 of the State Department Basic Authorities
    Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
    section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
    3094(a)(1)).

    definition of program, project, and activity

    Sec. 7023.  For the purpose of titles II through VI of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the ``Economic Support Fund'', ``Assistance
    for Europe, Eurasia and Central Asia'', and ``Foreign Military Financing
    Program'' accounts, ``program, project, and activity'' shall also be
    considered to include country, regional, and central program level
    funding within each such account, and for the development assistance
    accounts of the United States Agency for International Development,
    ``program, project, and activity'' shall also be considered to include
    central, country, regional, and program level funding, either as--
    (1) justified to Congress; or
    (2) allocated by the Executive Branch in accordance with the
    report required by section 653(a) of the Foreign Assistance Act
    of 1961 or as modified pursuant to section 7019 of this Act.

    authorities for the peace corps, inter-american foundation, and united
    states african development foundation

    Sec. 7024.  Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for the Department of State,
    foreign operations, and related programs, shall not be construed to
    prohibit activities authorized by or conducted under the Peace Corps
    Act, the Inter-American Foundation Act, or the African Development
    Foundation Act: <>   Provided, That prior
    to conducting activities in a country for which assistance is
    prohibited, the agency shall consult with the Committees on
    Appropriations and report to such Committees within 15 days of taking
    such action.

    commerce, trade and surplus commodities

    Sec. 7025. (a) World Markets.--None of the funds appropriated or
    made available pursuant to titles III through VI of this Act for direct
    assistance and none of the funds otherwise made available to the Export-
    Import Bank and the United States International Development Finance
    Corporation shall be obligated

    [[Page 1736]]

    or expended to finance any loan, any assistance, or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the commodity
    is likely to be in surplus on world markets at the time the resulting
    productive capacity is expected to become operative and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity:  Provided,
    That <>  such prohibition shall not apply to the
    Export-Import Bank if in the judgment of its Board of Directors the
    benefits to industry and employment in the United States are likely to
    outweigh the injury to United States producers of the same, similar, or
    competing commodity, and the Chairman of the Board so notifies the
    Committees on Appropriations:  Provided further, That this subsection
    shall not prohibit--
    (1) activities in a country that is eligible for assistance
    from the International Development Association, is not eligible
    for assistance from the International Bank for Reconstruction
    and Development, and does not export on a consistent basis the
    agricultural commodity with respect to which assistance is
    furnished; or
    (2) <>  activities in a
    country the President determines is recovering from widespread
    conflict, a humanitarian crisis, or a complex emergency.

    (b) Exports.--None of the funds appropriated by this or any other
    Act to carry out chapter 1 of part I of the Foreign Assistance Act of
    1961 shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in a
    foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United States:
    Provided, That this subsection shall not prohibit--
    (1) activities designed to increase food security in
    developing countries where such activities will not have a
    significant impact on the export of agricultural commodities of
    the United States;
    (2) research activities intended primarily to benefit United
    States producers;
    (3) activities in a country that is eligible for assistance
    from the International Development Association, is not eligible
    for assistance from the International Bank for Reconstruction
    and Development, and does not export on a consistent basis the
    agricultural commodity with respect to which assistance is
    furnished; or
    (4) <>  activities in a
    country the President determines is recovering from widespread
    conflict, a humanitarian crisis, or a complex emergency.

    (c) <>  International Financial
    Institutions.--The Secretary of the Treasury shall instruct the United
    States executive directors of the international financial institutions
    to use the voice and vote of the United States to oppose any assistance
    by such institutions, using funds appropriated or otherwise made
    available by this Act, for the production or extraction of any commodity
    or mineral for export, if it is in surplus on world markets and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity.

    [[Page 1737]]

    separate accounts

    Sec. 7026. (a) <>  Separate Accounts for
    Local Currencies.--
    (1) Agreements.--If assistance is furnished to the
    government of a foreign country under chapters 1 and 10 of part
    I or chapter 4 of part II of the Foreign Assistance Act of 1961
    under agreements which result in the generation of local
    currencies of that country, the Administrator of the United
    States Agency for International Development shall--
    (A) <>  require that local
    currencies be deposited in a separate account
    established by that government;
    (B) enter into an agreement with that government
    which sets forth--
    (i) the amount of the local currencies to be
    generated; and
    (ii) the terms and conditions under which the
    currencies so deposited may be utilized,
    consistent with this section; and
    (C) establish by agreement with that government the
    responsibilities of USAID and that government to monitor
    and account for deposits into and disbursements from the
    separate account.
    (2) Uses of local currencies.--As may be agreed upon with
    the foreign government, local currencies deposited in a separate
    account pursuant to subsection (a), or an equivalent amount of
    local currencies, shall be used only--
    (A) to carry out chapter 1 or 10 of part I or
    chapter 4 of part II of the Foreign Assistance Act of
    1961 (as the case may be), for such purposes as--
    (i) project and sector assistance activities;
    or
    (ii) debt and deficit financing; or
    (B) for the administrative requirements of the
    United States Government.
    (3) Programming accountability.--USAID shall take all
    necessary steps to ensure that the equivalent of the local
    currencies disbursed pursuant to subsection (a)(2)(A) from the
    separate account established pursuant to subsection (a)(1) are
    used for the purposes agreed upon pursuant to subsection (a)(2).
    (4) Termination of assistance programs.--Upon termination of
    assistance to a country under chapter 1 or 10 of part I or
    chapter 4 of part II of the Foreign Assistance Act of 1961 (as
    the case may be), any unencumbered balances of funds which
    remain in a separate account established pursuant to subsection
    (a) shall be disposed of for such purposes as may be agreed to
    by the government of that country and the United States
    Government.

    (b) Separate Accounts for Cash Transfers.--
    (1) <>  In general.--If assistance is
    made available to the government of a foreign country, under
    chapter 1 or 10 of part I or chapter 4 of part II of the Foreign
    Assistance Act of 1961, as cash transfer assistance or as
    nonproject sector assistance, that country shall be required to
    maintain such funds in a separate account and not commingle with
    any other funds.
    (2) Applicability of other provisions of law.--Such funds
    may be obligated and expended notwithstanding provisions of law
    which are inconsistent with the nature of this

    [[Page 1738]]

    assistance including provisions which are referenced in the
    Joint Explanatory Statement of the Committee of Conference
    accompanying House Joint Resolution 648 (House Report No. 98-
    1159).
    (3) <>  Notification.--At
    least 15 days prior to obligating any such cash transfer or
    nonproject sector assistance, the President shall submit a
    notification through the regular notification procedures of the
    Committees on Appropriations, which shall include a detailed
    description of how the funds proposed to be made available will
    be used, with a discussion of the United States interests that
    will be served by such assistance (including, as appropriate, a
    description of the economic policy reforms that will be promoted
    by such assistance).
    (4) <>  Exemption.--Nonproject sector
    assistance funds may be exempt from the requirements of
    paragraph (1) only through the regular notification procedures
    of the Committees on Appropriations.

    eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained in this or any other Act with respect to
    assistance for a country shall not be construed to restrict assistance
    in support of programs of nongovernmental organizations from funds
    appropriated by this Act to carry out the provisions of chapters 1, 10,
    11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
    Act of 1961 and from funds appropriated under the heading ``Assistance
    for Europe, Eurasia and Central
    Asia'': <>   Provided, That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations pursuant to the regular notification
    procedures, including a description of the program to be assisted, the
    assistance to be provided, and the reasons for furnishing such
    assistance:  Provided further, That <>
    nothing in this subsection shall be construed to alter any existing
    statutory prohibitions against abortion or involuntary sterilizations
    contained in this or any other Act.

    (b) Public Law 480.--During fiscal year 2021, restrictions contained
    in this or any other Act with respect to assistance for a country shall
    not be construed to restrict assistance under the Food for Peace Act
    (Public Law 83-480; 7 U.S.C. 1721 et seq.):  Provided,
    That <>  none of the funds appropriated to carry
    out title I of such Act and made available pursuant to this subsection
    may be obligated or expended except as provided through the regular
    notification procedures of the Committees on Appropriations.

    (c) Exception.--This section shall not apply--
    (1) with respect to section 620A of the Foreign Assistance
    Act of 1961 or any comparable provision of law prohibiting
    assistance to countries that support international terrorism; or
    (2) with respect to section 116 of the Foreign Assistance
    Act of 1961 or any comparable provision of law prohibiting
    assistance to the government of a country that violates
    internationally recognized human rights.

    [[Page 1739]]

    local competition

    Sec. 7028. (a) Requirements for Exceptions to Competition for Local
    Entities.--Funds appropriated by this Act that are made available to the
    United States Agency for International Development may only be made
    available for limited competitions through local entities if--
    (1) prior to the determination to limit competition to local
    entities, USAID has--
    (A) <>  assessed the level of
    local capacity to effectively implement, manage, and
    account for programs included in such competition; and
    (B) documented the written results of the assessment
    and decisions made; and
    (2) prior to making an award after limiting competition to
    local entities--
    (A) each successful local entity has been determined
    to be responsible in accordance with USAID guidelines;
    and
    (B) effective monitoring and evaluation systems are
    in place to ensure that award funding is used for its
    intended purposes; and
    (3) no level of acceptable fraud is assumed.

    (b) Extension of Procurement Authority.--Section 7077 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law 112-74) shall
    continue in effect during fiscal year 2021.

    international financial institutions

    Sec. 7029. (a) <>  Evaluations and
    Report.--The Secretary of the Treasury shall instruct the United States
    executive director of each international financial institution to use
    the voice of the United States to encourage such institution to adopt
    and implement a publicly available policy, including the strategic use
    of peer reviews and external experts, to conduct independent, in-depth
    evaluations of the effectiveness of at least 35 percent of all loans,
    grants, programs, and significant analytical non-lending activities in
    advancing the institution's goals of reducing poverty and promoting
    equitable economic growth, consistent with relevant safeguards, to
    ensure that decisions to support such loans, grants, programs, and
    activities are based on accurate data and objective analysis:  Provided,
    That not later than 45 days after enactment of this Act, the Secretary
    shall submit a report to the Committees on Appropriations on steps taken
    in fiscal year 2020 by the United States executive directors and the
    international financial institutions consistent with this subsection
    compared to the previous fiscal year.

    (b) Safeguards.--
    (1) Standard.--The Secretary of the Treasury shall instruct
    the United States Executive Director of the International Bank
    for Reconstruction and Development and the International
    Development Association to use the voice and vote of the United
    States to oppose any loan, grant, policy, or strategy if such
    institution has adopted and is implementing any social or
    environmental safeguard relevant to such loan, grant, policy, or
    strategy that provides less protection than World Bank
    safeguards in effect on September 30, 2015.

    [[Page 1740]]

    (2) Accountability, standards, and best practices.--The
    Secretary of the Treasury shall instruct the United States
    executive director of each international financial institution
    to use the voice and vote of the United States to oppose loans
    or other financing for projects unless such projects--
    (A) provide for accountability and transparency,
    including the collection, verification, and publication
    of beneficial ownership information related to
    extractive industries and on-site monitoring during the
    life of the project;
    (B) will be developed and carried out in accordance
    with best practices regarding environmental
    conservation, cultural protection, and empowerment of
    local populations, including free, prior and informed
    consent of affected indigenous communities;
    (C) <>  do not provide
    incentives for, or facilitate, forced displacement or
    other violations of human rights; and
    (D) do not partner with or otherwise involve
    enterprises owned or controlled by the armed forces.

    (c) Compensation.--None of the funds appropriated under title V of
    this Act may be made as payment to any international financial
    institution while the United States executive director to such
    institution is compensated by the institution at a rate which, together
    with whatever compensation such executive director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under section
    5315 of title 5, United States Code, or while any alternate United
    States executive director to such institution is compensated by the
    institution at a rate in excess of the rate provided for an individual
    occupying a position at level V of the Executive Schedule under section
    5316 of title 5, United States Code.
    (d) Human Rights.--The Secretary of the Treasury shall instruct the
    United States executive director of each international financial
    institution to use the voice and vote of the United States to promote
    human rights due diligence and risk management, as appropriate, in
    connection with any loan, grant, policy, or strategy of such institution
    in accordance with the requirements specified under this subsection in
    House Report 116-444: <>   Provided, That prior to
    voting on any such loan, grant, policy, or strategy the executive
    director shall consult with the Assistant Secretary for Democracy, Human
    Rights, and Labor, Department of State, if the executive director has
    reason to believe that such loan, grant, policy, or strategy could
    result in forced displacement or other violations of human rights.

    (e) Fraud and Corruption.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to include
    in loan, grant, and other financing agreements improvements in borrowing
    countries' financial management and judicial capacity to investigate,
    prosecute, and punish fraud and corruption.
    (f) Beneficial Ownership Information.--The Secretary of the Treasury
    shall instruct the United States executive director of each
    international financial institution to use the voice of the United
    States to encourage such institution to collect, verify, and publish,

    [[Page 1741]]

    to the maximum extent practicable, beneficial ownership information
    (excluding proprietary information) for any corporation or limited
    liability company, other than a publicly listed company, that receives
    funds from any such financial institution: <>
    Provided, That not later than 45 days after enactment of this Act, the
    Secretary shall submit a report to the Committees on Appropriations on
    steps taken in fiscal year 2020 by the United States executive directors
    and the international financial institutions consistent with this
    subsection compared to the previous fiscal year.

    (g) Whistleblower Protections.--The Secretary of the Treasury shall
    instruct the United States executive director of each international
    financial institution to use the voice of the United States to encourage
    each such institution to effectively implement and enforce policies and
    procedures which meet or exceed best practices in the United States for
    the protection of whistleblowers from retaliation, including--
    (1) protection against retaliation for internal and lawful
    public disclosure;
    (2) legal burdens of proof;
    (3) statutes of limitation for reporting retaliation;
    (4) access to binding independent adjudicative bodies,
    including shared cost and selection external arbitration; and
    (5) results that eliminate the effects of proven
    retaliation, including provision for the restoration of prior
    employment.

    insecure communications networks

    Sec. 7030.  Funds appropriated by this Act shall be made available
    for programs, including through the Digital Connectivity and
    Cybersecurity Partnership, to--
    (1) advance the adoption of secure, next-generation
    communications networks and services, including 5G, and
    cybersecurity policies, in countries receiving assistance under
    this Act and prior Acts making appropriations for the Department
    of State, foreign operations, and related programs;
    (2) <>  counter the establishment of insecure
    communications networks and services, including 5G, promoted by
    the People's Republic of China and other state-backed
    enterprises that are subject to undue or extrajudicial control
    by their country of origin; and
    (3) provide policy and technical training on deploying open,
    interoperable, reliable, and secure networks to information
    communication technology professionals in countries receiving
    assistance under this Act, as appropriate:

    Provided, That <>  such funds may be used to
    support the participation of foreign military officials in programs
    designed to strengthen civilian cybersecurity capacity, following
    consultation with the Committees on Appropriations.

    financial management and budget transparency

    Sec. 7031. (a) Limitation on Direct Government-to-Government
    Assistance.--
    (1) Requirements.--Funds appropriated by this Act may be
    made available for direct government-to-government assistance
    only if the requirements included in section 7031(a)(1)(A)
    through (E) of the Department of State, Foreign Operations,

    [[Page 1742]]

    and Related Programs Appropriations Act, 2019 (division F of
    Public Law 116-6) are fully met.
    (2) Consultation and notification.--In addition to the
    requirements in paragraph (1), funds may only be made available
    for direct government-to-government assistance subject to prior
    consultation with, and the regular notification procedures of,
    the Committees on Appropriations:  Provided, That such
    notification shall contain an explanation of how the proposed
    activity meets the requirements of paragraph (1):  Provided
    further, That <>  the requirements of this
    paragraph shall only apply to direct government-to-government
    assistance in excess of $10,000,000 and all funds available for
    cash transfer, budget support, and cash payments to individuals.
    (3) <>  Suspension of assistance.--The
    Administrator of the United States Agency for International
    Development or the Secretary of State, as appropriate, shall
    suspend any direct government-to-government assistance if the
    Administrator or the Secretary has credible information of
    material misuse of such assistance, unless the Administrator or
    the Secretary reports to the Committees on Appropriations that
    it is in the national interest of the United States to continue
    such assistance, including a justification, or that such misuse
    has been appropriately addressed.
    (4) Submission of information.--The Secretary of State shall
    submit to the Committees on Appropriations, concurrent with the
    fiscal year 2022 congressional budget justification materials,
    amounts planned for assistance described in paragraph (1) by
    country, proposed funding amount, source of funds, and type of
    assistance.
    (5) Debt service payment prohibition.--None of the funds
    made available by this Act may be used by the government of any
    foreign country for debt service payments owed by any country to
    any international financial institution.

    (b) National Budget and Contract Transparency.--
    (1) Minimum requirements of fiscal transparency.--The
    Secretary <>  of State shall continue to update
    and strengthen the ``minimum requirements of fiscal
    transparency'' for each government receiving assistance
    appropriated by this Act, as identified in the report required
    by section 7031(b) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2014
    (division K of Public Law 113-76).
    (2) <>
    Determination and report.--For each government identified
    pursuant to paragraph (1), the Secretary of State, not later
    than 180 days after enactment of this Act, shall make or update
    any determination of ``significant progress'' or ``no
    significant progress'' in meeting the minimum requirements of
    fiscal transparency, and make such determinations publicly
    available in an annual ``Fiscal Transparency Report'' to be
    posted on the Department of State website:  Provided, That such
    report shall include the elements included under this section in
    the explanatory statement described in section 4 in the matter
    preceding division A of Public Law 116-94.
    (3) Assistance.--Not less than $7,000,000 of the funds
    appropriated by this Act under the heading ``Economic Support
    Fund'' shall be made available for programs and activities to
    assist governments identified pursuant to paragraph (1) to

    [[Page 1743]]

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

    (c) <>  Anti-Kleptocracy and Human Rights.--
    (1) Ineligibility.--
    (A) Officials of foreign governments and their
    immediate family members about whom the Secretary of
    State has credible information have been involved,
    directly or indirectly, in significant corruption,
    including corruption related to the extraction of
    natural resources, or a gross violation of human rights,
    including the wrongful detention of locally employed
    staff of a United States diplomatic mission or a United
    States citizen or national, shall be ineligible for
    entry into the United States.
    (B) The Secretary shall also publicly or privately
    designate or identify the officials of foreign
    governments and their immediate family members about
    whom the Secretary has such credible information without
    regard to whether the individual has applied for a visa.
    (2) Exception.--Individuals shall not be ineligible for
    entry into the United States pursuant to paragraph (1) if such
    entry would further important United States law enforcement
    objectives or is necessary to permit the United States to
    fulfill its obligations under the United Nations Headquarters
    Agreement:  Provided, That nothing in paragraph (1) shall be
    construed to derogate from United States Government obligations
    under applicable international agreements.
    (3) <>  Waiver.--The Secretary may
    waive the application of paragraph (1) if the Secretary
    determines that the waiver would serve a compelling national
    interest or that the circumstances which caused the individual
    to be ineligible have changed sufficiently.
    (4) <>  Report.--Not later than 30 days after
    enactment of this Act, and every 90 days thereafter until
    September 30, 2021, the Secretary of State shall submit a
    report, including a classified annex if necessary, to the
    appropriate congressional committees and the Committees on the
    Judiciary describing the information related to corruption or
    violation of human rights concerning each of the individuals
    found ineligible in the previous 12 months pursuant to paragraph
    (1)(A) as well as the individuals who the Secretary designated
    or identified pursuant to paragraph (1)(B), or who would be
    ineligible but for the application of paragraph (2), a list of
    any waivers provided under paragraph (3), and the justification
    for each waiver.
    (5) Posting of report.--Any unclassified portion of the
    report required under paragraph (4) shall be posted on the
    Department of State website.
    (6) Clarification.--For purposes of paragraphs (1), (4), and
    (5), the records of the Department of State and of diplomatic
    and consular offices of the United States pertaining to the
    issuance or refusal of visas or permits to enter the United
    States shall not be considered confidential.

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

    [[Page 1744]]

    extraction of natural resources, including by strengthening
    implementation and monitoring of the Extractive Industries
    Transparency Initiative, implementing and enforcing section 8204
    of the Food, Conservation, and Energy Act of 2008 (Public Law
    110-246; 122 Stat. 2052) and the amendments made by such
    section, and to prevent the sale of conflict diamonds, and
    provide technical assistance to promote independent audit
    mechanisms and support civil society participation in natural
    resource management.
    (2) Public disclosure and independent audits.--(A) The
    Secretary of the Treasury shall instruct the executive director
    of each international financial institution that it is the
    policy of the United States to use the voice and vote of the
    United States to oppose any assistance by such institutions
    (including any loan, credit, grant, or guarantee) to any country
    for the extraction and export of a natural resource if the
    government of such country has in place laws, regulations, or
    procedures to prevent or limit the public disclosure of company
    payments as required by United States law, and unless such
    government has adopted laws, regulations, or procedures in the
    sector in which assistance is being considered to meet the
    standards included under this section in the explanatory
    statement described in section 4 in the matter preceding
    division A of Public Law 116-94.
    (B) The requirements of subparagraph (A) shall not apply to
    assistance for the purpose of building the capacity of such
    government to meet the requirements of such subparagraph.

    (e) Foreign Assistance Website.--Funds appropriated by this Act
    under titles I and II, and funds made available for any independent
    agency in title III, as appropriate, shall be made available to support
    the provision of additional information on United States Government
    foreign assistance on the ``ForeignAssistance.gov'' website:  Provided,
    That all Federal agencies funded under this Act shall provide such
    information on foreign assistance, upon request and in a timely manner,
    to the Department of State and USAID.

    democracy programs

    Sec. 7032. (a) Funding.--
    (1) In general.--Of the funds appropriated by this Act under
    the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
    Central Asia'', and ``International Narcotics Control and Law
    Enforcement'', not less than $2,417,000,000 shall be made
    available for democracy programs.
    (2) Programs.--Of the funds made available for democracy
    programs under the headings ``Economic Support Fund'' and
    ``Assistance for Europe, Eurasia and Central Asia'' pursuant to
    paragraph (1), not less than $102,040,000 shall be made
    available to the Bureau of Democracy, Human Rights, and Labor,
    Department of State, at not less than the amounts specified for
    certain countries and regional programs designated in the table
    under this section in the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act).

    (b) Authorities.--

    [[Page 1745]]

    (1) Availability.--Funds made available by this Act for
    democracy programs pursuant to subsection (a) and under the
    heading ``National Endowment for Democracy'' may be made
    available notwithstanding any other provision of law, and with
    regard to the National Endowment for Democracy (NED), any
    regulation.
    (2) Beneficiaries.--Funds made available by this Act for the
    NED are made available pursuant to the authority of the National
    Endowment for Democracy Act (title V of Public Law 98-164),
    including all decisions regarding the selection of
    beneficiaries.

    (c) Definition of Democracy Programs.--For purposes of funds
    appropriated by this Act, the term ``democracy programs'' means programs
    that support good governance, credible and competitive elections,
    freedom of expression, association, assembly, and religion, human
    rights, labor rights, independent media, and the rule of law, and that
    otherwise strengthen the capacity of democratic political parties,
    governments, nongovernmental organizations and institutions, and
    citizens to support the development of democratic states and
    institutions that are responsive and accountable to citizens.
    (d) Program Prioritization.--Funds made available pursuant to this
    section that are made available for programs to strengthen government
    institutions shall be prioritized for those institutions that
    demonstrate a commitment to democracy and the rule of law.
    (e) Restriction on Prior Approval.--With respect to the provision of
    assistance for democracy programs in this Act, the organizations
    implementing such assistance, the specific nature of that assistance,
    and the participants in such programs shall not be subject to the prior
    approval by the government of any foreign
    country: <>   Provided, That
    the Secretary of State, in coordination with the Administrator of the
    United States Agency for International Development, shall report to the
    Committees on Appropriations, not later than 120 days after enactment of
    this Act, detailing steps taken by the Department of State and USAID to
    comply with the requirements of this subsection.

    (f) Continuation of Current Practices.--USAID shall continue to
    implement civil society and political competition and consensus building
    programs abroad with funds appropriated by this Act in a manner that
    recognizes the unique benefits of grants and cooperative agreements in
    implementing such programs.
    (g) Informing the National Endowment for Democracy.--The Assistant
    Secretary for Democracy, Human Rights, and Labor, Department of State,
    and the Assistant Administrator for Democracy, Conflict, and
    Humanitarian Assistance, USAID, shall regularly inform the NED of
    democracy programs that are planned and supported by funds made
    available by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs.
    (h) Protection of Civil Society Activists and Journalists.--Of the
    funds appropriated by this Act under the headings ``Economic Support
    Fund'' and ``Democracy Fund'', not less than $25,000,000 shall be made
    available to support and protect civil society activists and journalists
    who have been threatened, harassed, or attacked, including journalists
    affiliated with the United States Agency for Global Media, consistent
    with the action plan required under this section in the explanatory
    statement described

    [[Page 1746]]

    in section 4 (in the matter preceding division A of this consolidated
    Act), and on the same terms and conditions of section 7032(i) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2018 (division K of Public Law 115-141).
    (i) International Freedom of Expression.--
    (1) Operations.--Funds appropriated by this Act under the
    heading ``Diplomatic Programs'' shall be made available for the
    Bureau of Democracy, Human Rights, and Labor, Department of
    State, for the costs of administering programs designed to
    promote and defend freedom of expression and the independence of
    the media in countries where such freedom and independence are
    restricted or denied.
    (2) Assistance.--Of the funds appropriated by this Act under
    the heading ``Economic Support Fund'', not less than $15,000,000
    shall be made available for programs that promote and defend
    freedom of expression and the independence of the media abroad:
    Provided, That such funds are in addition to funds otherwise
    made available by this Act for such purposes, and are intended
    to complement emergency and safety programs for civil society,
    including journalists and media outlets at
    risk: <>   Provided further,
    That such funds shall be subject to prior consultation with, and
    the regular notification procedures of, the Committees on
    Appropriations.

    international religious freedom

    Sec. 7033. (a) International Religious Freedom Office.--Funds
    appropriated by this Act under the heading ``Diplomatic Programs'' shall
    be made available for the Office of International Religious Freedom,
    Department of State, including for support staff, at not less than the
    amounts specified for such office in the table under such heading in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).
    (b) Assistance.--Funds appropriated by this Act under the headings
    ``Economic Support Fund'', ``Democracy Fund'', and ``International
    Broadcasting Operations'' shall be made available for international
    religious freedom programs and funds appropriated by this Act under the
    headings ``International Disaster Assistance'' and ``Migration and
    Refugee Assistance'' shall be made available for humanitarian assistance
    for vulnerable and persecuted religious minorities:  Provided,
    That <>  funds made available by this Act under
    the headings ``Economic Support Fund'' and ``Democracy Fund'' pursuant
    to this section shall be the responsibility of the Ambassador-at-Large
    for International Religious Freedom, in consultation with other relevant
    United States Government officials, and shall be subject to prior
    consultation with the Committees on Appropriations.

    (c) Authority.--Funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs under the heading ``Economic Support Fund'' may be made
    available notwithstanding any other provision of law for assistance for
    ethnic and religious minorities in Iraq and Syria.
    (d) <>  Designation of Non-State Actors.--Section
    7033(e) of the Department of State, Foreign Operations, and Related
    Programs

    [[Page 1747]]

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

    special provisions

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

    (c) <>  Atrocities Prevention.--Of the
    funds appropriated by this Act under the headings ``Economic Support
    Fund'' and ``International Narcotics Control and Law Enforcement'', not
    less than $5,000,000 shall be made available for programs to prevent
    atrocities, including to implement recommendations of the Atrocities
    Prevention Board:  Provided, That funds made available pursuant to this
    subsection are in addition to amounts otherwise made available for such
    purposes: <>   Provided further, That such funds
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.

    (d) World Food Programme.--Funds managed by the Bureau for
    Humanitarian Assistance, United States Agency for International
    Development, from this or any other Act, may be made available as a
    general contribution to the World Food Programme, notwithstanding any
    other provision of law.
    (e) Directives and Authorities.--
    (1) Research and training.--Funds appropriated by this Act
    under the heading ``Assistance for Europe, Eurasia and Central
    Asia'' shall be made available to carry out the Program for
    Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union as authorized by the Soviet-
    Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501 et seq.).
    (2) <>  Genocide victims memorial
    sites.--Funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs under the headings ``Economic Support
    Fund'' and ``Assistance for Europe, Eurasia and Central Asia''
    may be made available as contributions to establish and maintain

    [[Page 1748]]

    memorial sites of genocide, subject to the regular notification
    procedures of the Committees on Appropriations.
    (3) Private sector partnerships.--Of the funds appropriated
    by this Act under the headings ``Development Assistance'' and
    ``Economic Support Fund'' that are made available for private
    sector partnerships, up to $50,000,000 may remain available
    until September 30, 2023: <>
    Provided, That funds made available pursuant to this paragraph
    may only be made available following prior consultation with the
    appropriate congressional committees, and the regular
    notification procedures of the Committees on Appropriations.
    (4) Additional authorities.--Of the amounts made available
    by title I of this Act under the heading ``Diplomatic
    Programs'', up to $500,000 may be made available for grants
    pursuant to section 504 of the Foreign Relations Authorization
    Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
    collaboration with indigenous communities, and up to $1,000,000
    may be made available for grants to carry out the activities of
    the Cultural Antiquities Task Force.
    (5) Innovation.--The USAID Administrator may use funds
    appropriated by this Act under title III to make innovation
    incentive awards in accordance with the terms and conditions of
    section 7034(e)(4) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2019
    (division F of Public Law 116-6):  Provided, That each
    individual award may not exceed $100,000:  Provided further,
    That no more than 15 such awards may be made during fiscal year
    2021.
    (6) Exchange visitor program.--None of the funds made
    available by this Act may be used to modify the Exchange Visitor
    Program administered by the Department of State to implement the
    Mutual Educational and Cultural Exchange Act of 1961 (Public Law
    87-256; 22 U.S.C. 2451 et seq.), except through the formal
    rulemaking process pursuant to the Administrative Procedure Act
    (5 U.S.C. 551 et seq.) and notwithstanding the exceptions to
    such rulemaking process in such
    Act: <>   Provided, That
    funds made available for such purpose shall only be made
    available after consultation with, and subject to the regular
    notification procedures of, the Committees on Appropriations,
    regarding how any proposed modification would affect the public
    diplomacy goals of, and the estimated economic impact on, the
    United States: <>   Provided further, That such consultation shall
    take place not later than 30 days prior to the publication in
    the Federal Register of any regulatory action modifying the
    Exchange Visitor Program.

    (f) <>  Partner Vetting.--Prior to initiating a
    partner vetting program, or making a significant change to the scope of
    an existing partner vetting program, the Secretary of State and USAID
    Administrator, as appropriate, shall consult with the Committees on
    Appropriations: <>   Provided, That the Secretary
    and the Administrator shall provide a direct vetting option for prime
    awardees in any partner vetting program initiated or significantly
    modified after the date of enactment of this Act, unless the Secretary
    of State or USAID Administrator, as applicable, informs the Committees
    on Appropriations on a case-by-case basis that a direct vetting option
    is not feasible for such program.

    [[Page 1749]]

    (g) Contingencies.--During fiscal year 2021, the President may use
    up to $125,000,000 under the authority of section 451 of the Foreign
    Assistance Act of 1961, notwithstanding any other provision of law.
    (h) <>  International Child Abductions.--The
    Secretary of State should withhold funds appropriated under title III of
    this Act for assistance for the central government of any country that
    is not taking appropriate steps to comply with the Convention on the
    Civil Aspects of International Child Abductions, done at the Hague on
    October 25, 1980: <>   Provided, That the Secretary
    shall report to the Committees on Appropriations within 15 days of
    withholding funds under this subsection.

    (i) Transfer of Funds for Extraordinary Protection.--The Secretary
    of <>  State may transfer to, and merge with, funds
    under the heading ``Protection of Foreign Missions and Officials''
    unobligated balances of expired funds appropriated under the heading
    ``Diplomatic Programs'' for fiscal year 2021, except for funds
    designated for Overseas Contingency Operations/Global War on Terrorism
    pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, at no later than the end of the
    fifth fiscal year after the last fiscal year for which such funds are
    available for the purposes for which appropriated:  Provided, That not
    more than $50,000,000 may be transferred.

    (j) Authority.--Funds made available by this Act under the heading
    ``Economic Support Fund'' to counter extremism may be made available
    notwithstanding any other provision of law restricting assistance to
    foreign countries, except sections 502B, 620A, and 620M of the Foreign
    Assistance Act of 1961:  Provided, That
    the <>  use of the authority of this
    subsection shall be subject to prior consultation with the appropriate
    congressional committees and the regular notification procedures of the
    Committees on Appropriations.

    (k) Protections and Remedies for Employees of Diplomatic Missions
    and International <>  Organizations.--The terms and
    conditions of section 7034(k) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2020 (division G of
    Public Law 116-94) shall continue in effect during fiscal year 2021.

    (l) Extension of Authorities.--
    (1) <>  Passport
    fees.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22
    U.S.C. 214(b)(2)) shall be applied by substituting ``September
    30, 2021'' for ``September 30, 2010''.
    (2) Incentives for critical posts.--The authority contained
    in section 1115(d) of the Supplemental Appropriations Act, 2009
    (Public Law 111-32) shall remain in effect through September 30,
    2021.
    (3) <>  USAID civil
    service annuitant waiver.--Section 625(j)(1) of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied
    by substituting ``September 30, 2021'' for ``October 1, 2010''
    in subparagraph (B).
    (4) Overseas pay comparability and limitation.--(A) Subject
    to the limitation described in subparagraph (B), the authority
    provided by section 1113 of the Supplemental Appropriations Act,
    2009 (Public Law 111-32) shall remain in effect through
    September 30, 2021.

    [[Page 1750]]

    (B) The authority described in subparagraph (A) may not be
    used to pay an eligible member of the Foreign Service (as
    defined in section 1113(b) of the Supplemental Appropriations
    Act, 2009 (Public Law 111-32)) a locality-based comparability
    payment (stated as a percentage) that exceeds two-thirds of the
    amount of the locality-based comparability payment (stated as a
    percentage) that would be payable to such member under section
    5304 of title 5, United States Code, if such member's official
    duty station were in the District of Columbia.
    (5) Categorical eligibility.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public
    Law 101-167) is amended--
    (A) in section 599D (8 U.S.C. 1157 note)--
    (i) in subsection (b)(3), by striking ``and
    2020'' and inserting ``2020, and 2021''; and
    (ii) in subsection (e), by striking ``2020''
    each place it appears and inserting ``2021''; and
    (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by
    striking ``2020'' and inserting ``2021''.
    (6) Inspector general annuitant waiver.--The authorities
    provided in section 1015(b) of the Supplemental Appropriations
    Act, 2010 (Public Law 111-212) shall remain in effect through
    September 30, 2021, and may be used to facilitate the assignment
    of persons for oversight of programs in Syria, South Sudan,
    Yemen, Somalia, and Venezuela.
    (7) <>  Accountability review boards.--The authority
    provided by section 301(a)(3) of the Omnibus Diplomatic Security
    and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall
    remain in effect for facilities in Afghanistan through September
    30, 2021, except that the notification and reporting
    requirements contained in such section shall include the
    Committees on Appropriations.
    (8) <>  Special inspector general for
    afghanistan reconstruction competitive status.--Notwithstanding
    any other provision of law, any employee of the Special
    Inspector General for Afghanistan Reconstruction (SIGAR) who
    completes at least 12 months of continuous service after
    enactment of this Act or who is employed on the date on which
    SIGAR terminates, whichever occurs first, shall acquire
    competitive status for appointment to any position in the
    competitive service for which the employee possesses the
    required qualifications.
    (9) <>  Transfer of
    balances.--Section 7081(h) of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2017
    (division J of Public Law 115-31) shall continue in effect
    during fiscal year 2021.
    (10) Department of state inspector general waiver
    authority.--The Inspector General of the Department of State may
    waive the provisions of subsections (a) through (d) of section
    824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a
    case-by-case basis for an annuitant reemployed by the Inspector
    General on a temporary basis, subject to the same constraints
    and in the same manner by which the Secretary of State may
    exercise such waiver authority pursuant to subsection (g) of
    such section.
    (11) Afghan allies.--Section 602(b)(3)(F) of the Afghan
    Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended--

    [[Page 1751]]

    (A) in the heading, by striking ``2015 through
    2020'' and inserting ``2015 through 2021'';
    (B) in the matter preceding clause (i), in the first
    sentence, by striking ``shall'' and all that follows
    through the period at the end, and inserting ``shall not
    exceed 26,500.''; and
    (C) in clauses (i) and (ii), by striking ``December
    31, 2021'' and inserting ``December 31, 2022''.

    (m) Monitoring and Evaluation.--
    (1) Beneficiary feedback.--Funds appropriated by this Act
    that are made available for monitoring and evaluation of
    assistance under the headings ``Development Assistance'',
    ``International Disaster Assistance'', and ``Migration and
    Refugee Assistance'' shall be made available for the regular and
    systematic collection of feedback obtained directly from
    beneficiaries to enhance the quality and relevance of such
    assistance:  Provided, That <>  the Department of State and
    USAID shall establish, and post on their respective websites,
    updated procedures for implementing partners that receive funds
    under such headings for regularly and systematically collecting
    and responding to such feedback, including guidelines for the
    reporting on actions taken in response to the feedback received:
    Provided further, That <>  the Department of
    State and USAID shall regularly conduct oversight to ensure that
    such feedback is regularly collected and used by implementing
    partners to maximize the cost-effectiveness and utility of such
    assistance.
    (2) Ex-post evaluations.--Of the funds appropriated by this
    Act under titles III and IV, not less than $10,000,000 shall be
    made available for ex-post evaluations consistent with the
    requirements under this heading in the explanatory statement
    described in section 4 (in the matter preceding division A of
    this consolidated Act).

    (n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
    Working Capital Fund established pursuant to section 525(b)(1) of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 2005 (Public Law 108-447) may be made available for
    pharmaceuticals and other products for child survival, malaria,
    tuberculosis, and emerging infectious diseases to the same extent as
    HIV/AIDS pharmaceuticals and other products, subject to the terms and
    conditions in such section:  Provided, That <>  the
    authority in section 525(b)(5) of the Foreign Operations, Export
    Financing, and Related Programs Appropriation Act, 2005 (Public Law 108-
    447) shall be exercised by the Assistant Administrator for Global
    Health, USAID, with respect to funds deposited for such non-HIV/AIDS
    pharmaceuticals and other products, and shall be subject to the regular
    notification procedures of the Committees on
    Appropriations: <>   Provided further, That the
    Secretary of State shall include in the congressional budget
    justification an accounting of budgetary resources, disbursements,
    balances, and reimbursements related to such fund.

    (o) <>  Loans, Consultation, and
    Notification.--
    (1) Loan guarantees.--Funds appropriated under the headings
    ``Economic Support Fund'' and ``Assistance for Europe, Eurasia
    and Central Asia'' by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs may be made available for the costs, as
    defined in section 502 of the Congressional Budget Act

    [[Page 1752]]

    of 1974, of loan guarantees for Egypt, Jordan, Tunisia, and
    Ukraine, which are authorized to be provided:  Provided, That
    amounts made available under this paragraph for the costs of
    such guarantees shall not be considered assistance for the
    purposes of provisions of law limiting assistance to a country.
    (2) Foreign military financing direct loans.--During fiscal
    year 2021, direct loans under section 23 of the Arms Export
    Control Act may be made available for Jordan, notwithstanding
    section 23(c)(1) of the Arms Export Control Act, gross
    obligations for the principal amounts of which shall not exceed
    $4,000,000,000:  Provided, That funds appropriated under the
    heading ``Foreign Military Financing Program'' in this Act and
    prior Acts making appropriations for the Department of State,
    foreign operations, and related programs may be made available
    for the costs, as defined in section 502 of the Congressional
    Budget Act of 1974, of such loans:  Provided further, That such
    costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974
    and may include the costs of selling, reducing, or cancelling
    any amounts owed to the United States or any agency of the
    United States: <>   Provided further, That the
    Government of the United States may charge fees for such loans,
    which shall be collected from borrowers in accordance with
    section 502(7) of the Congressional Budget Act of 1974:
    Provided further, That no <>  funds made available to the North Atlantic
    Treaty Organization (NATO) or major non-NATO allies by this or
    any other appropriations Act for this fiscal year or prior
    fiscal years may be used for payment of any fees associated with
    such loans: <>   Provided further,
    That such loans shall be repaid in not more than 12 years,
    including a grace period of up to one year on repayment of
    principal: <>   Provided further, That
    notwithstanding section 23(c)(1) of the Arms Export Control Act,
    interest for such loans may be charged at a rate determined by
    the Secretary of State, except that such rate may not be less
    than the prevailing interest rate on marketable Treasury
    securities of similar maturity:  Provided further, That amounts
    made available under this paragraph for such costs shall not be
    considered assistance for the purposes of provisions of law
    limiting assistance to a country.
    (3) Foreign military financing loan guarantees.--Funds
    appropriated under the heading ``Foreign Military Financing
    Program'' in this Act and prior Acts making appropriations for
    the Department of State, foreign operations, and related
    programs may be made available, notwithstanding the third
    proviso under such heading, for the costs of loan guarantees
    under section 24 of the Arms Export Control Act for Jordan,
    which are authorized to be provided:  Provided, That such funds
    are available to subsidize gross obligations for the principal
    amount of commercial loans, and total loan principal, any part
    of which is to be guaranteed, not to exceed $4,000,000,000:
    Provided further, That no loan guarantee with respect to any one
    borrower may exceed 80 percent of the loan principal:  Provided
    further, That any loan guaranteed under this paragraph may not
    be subordinated to another debt contracted by the borrower or to
    any other claims against the borrower in the case of
    default: <>   Provided further,
    That repayment in United States dollars of any loan guaranteed

    [[Page 1753]]

    under this paragraph shall be required within a period not to
    exceed 12 years after the loan agreement is signed:  Provided
    further, That <>  the Government of
    the United States may charge fees for such loan guarantees, as
    may be determined, notwithstanding section 24 of the Arms Export
    Control Act, which shall be collected from borrowers or third
    parties on behalf of such borrowers in accordance with section
    502(7) of the Congressional Budget Act of 1974:  Provided
    further, That amounts made available under this paragraph for
    the costs of such guarantees shall not be considered assistance
    for the purposes of provisions of law limiting assistance to a
    country.
    (4) Designation requirement.--Funds made available pursuant
    to paragraphs (1) through (3) from prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs that were previously designated by the
    Congress for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
    Budget and Emergency Deficit Control Act of 1985 are designated
    by the Congress for Overseas Contingency Operations/Global War
    on Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
    (5) Consultation and notification.--Funds made available
    pursuant to the authorities of this subsection shall be subject
    to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the
    Committees on Appropriations.

    (p) Local Works.--
    (1) Funding.--Of the funds appropriated by this Act under
    the headings ``Development Assistance'' and ``Economic Support
    Fund'', not less than $55,000,000 shall be made available for
    Local Works pursuant to section 7080 of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act,
    2015 (division J of Public Law 113-235), which may remain
    available until September 30, 2025.
    (2) <>
    Eligible entities.--For the purposes of section 7080 of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2015 (division J of Public Law 113-235),
    ``eligible entities'' shall be defined as small local,
    international, and United States-based nongovernmental
    organizations, educational institutions, and other small
    entities that have received less than a total of $5,000,000 from
    USAID over the previous 5 fiscal years:  Provided, That
    departments or centers of such educational institutions may be
    considered individually in determining such eligibility.

    (q) Definitions.--
    (1) <>  Appropriate congressional
    committees.--Unless otherwise defined in this Act, for purposes
    of this Act the term ``appropriate congressional committees''
    means the Committees on Appropriations and Foreign Relations of
    the Senate and the Committees on Appropriations and Foreign
    Affairs of the House of Representatives.
    (2) Funds appropriated by this act and prior acts.--Unless
    otherwise defined in this Act, for purposes of this Act the term
    ``funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs'' means funds that remain available for
    obligation, and have not expired.

    [[Page 1754]]

    (3) <>  International financial
    institutions.--In this Act ``international financial
    institutions'' means the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American
    Development Bank, the International Monetary Fund, the
    International Fund for Agricultural Development, the Asian
    Development Bank, the Asian Development Fund, the Inter-American
    Investment Corporation, the North American Development Bank, the
    European Bank for Reconstruction and Development, the African
    Development Bank, the African Development Fund, and the
    Multilateral Investment Guarantee Agency.
    (4) Spend plan.--In this Act, the term ``spend plan'' means
    a plan for the uses of funds appropriated for a particular
    entity, country, program, purpose, or account and which shall
    include, at a minimum, a description of--
    (A) realistic and sustainable goals, criteria for
    measuring progress, and a timeline for achieving such
    goals;
    (B) amounts and sources of funds by account;
    (C) how such funds will complement other ongoing or
    planned programs; and
    (D) implementing partners, to the maximum extent
    practicable.
    (5) Successor operating unit.--Any reference to a particular
    USAID operating unit or office in this or prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs shall be deemed to include any successor
    operating unit or office performing the same or similar
    functions.
    (6) <>  USAID.--In this Act, the
    term ``USAID'' means the United States Agency for International
    Development.
    (7) <>  This act.--Except as expressly
    provided otherwise, any reference to ``this Act'' contained in
    titles I through VII shall be treated as referring only to the
    provisions of such titles.

    law enforcement and security

    Sec. 7035. (a) Assistance.--
    (1) Community-based police assistance.--Funds made available
    under titles III and IV of this Act to carry out the provisions
    of chapter 1 of part I and chapters 4 and 6 of part II of the
    Foreign Assistance Act of 1961, may be used, notwithstanding
    section 660 of that Act, to enhance the effectiveness and
    accountability of civilian police authority through training and
    technical assistance in human rights, the rule of law, anti-
    corruption, strategic planning, and through assistance to foster
    civilian police roles that support democratic governance,
    including assistance for programs to prevent conflict, respond
    to disasters, address gender-based violence, and foster improved
    police relations with the communities they serve.
    (2) Counterterrorism partnerships fund.--Funds appropriated
    by this Act under the heading ``Nonproliferation, Anti-
    terrorism, Demining and Related Programs'' shall be made
    available for the Counterterrorism Partnerships Fund for
    programs in areas liberated from, under the influence of, or
    adversely affected by, the Islamic State of Iraq and Syria or

    [[Page 1755]]

    other terrorist organizations: <>   Provided, That
    such areas shall include the Kurdistan Region of Iraq:  Provided
    further, That prior to the obligation of funds made available
    pursuant to this paragraph, the Secretary of State shall take
    all practicable steps to ensure that mechanisms are in place for
    monitoring, oversight, and control of such
    funds: <>   Provided further,
    That funds made available pursuant to this paragraph shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.
    (3) Combat casualty care.--
    (A) Consistent with the objectives of the Foreign
    Assistance Act of 1961 and the Arms Export Control Act,
    funds appropriated by this Act under the headings
    ``Peacekeeping Operations'' and ``Foreign Military
    Financing Program'' shall be made available for combat
    casualty training and equipment consistent with prior
    fiscal years.
    (B) The Secretary of State shall offer combat
    casualty care training and equipment as a component of
    any package of lethal assistance funded by this Act with
    funds appropriated under the headings ``Peacekeeping
    Operations'' and ``Foreign Military Financing
    Program'': <>
    Provided, That the requirement of this subparagraph
    shall apply to a country in conflict, unless the
    Secretary determines that such country has in place, to
    the maximum extent practicable, functioning combat
    casualty care treatment and equipment that meets or
    exceeds the standards recommended by the Committee on
    Tactical Combat Casualty Care:  Provided further, That
    any such training and equipment for combat casualty care
    shall be made available through an open and competitive
    process.
    (4) Training related to international humanitarian law.--The
    Secretary of State shall offer training related to the
    requirements of international humanitarian law as a component of
    any package of lethal assistance funded by this Act with funds
    appropriated under the headings ``Peacekeeping Operations'' and
    ``Foreign Military Financing Program'':  Provided, That the
    requirement of this paragraph shall not apply to a country that
    is a member of the North Atlantic Treaty Organization (NATO), is
    a major non-NATO ally designated by section 517(b) of the
    Foreign Assistance Act of 1961, or is complying with
    international humanitarian law:  Provided further, That any such
    training shall be made available through an open and competitive
    process.
    (5) <>  Security force
    professionalization.--Funds appropriated by this Act under the
    headings ``International Narcotics Control and Law Enforcement''
    and ``Peacekeeping Operations'' shall be made available to
    increase the capacity of foreign military and law enforcement
    personnel to operate in accordance with appropriate standards
    relating to human rights and the protection of civilians in the
    manner specified under this section in Senate Report 116-126,
    following consultation with the Committees on Appropriations:
    Provided, That funds made available pursuant to this paragraph
    shall be made available through an open and competitive process.
    (6) <>  Global
    security contingency fund.--Notwithstanding any other provision
    of this Act, up to $7,500,000

    [[Page 1756]]

    from funds appropriated by this Act under the headings
    ``Peacekeeping Operations'' and ``Foreign Military Financing
    Program'' may be transferred to, and merged with, funds
    previously made available under the heading ``Global Security
    Contingency Fund'', subject to the regular notification
    procedures of the Committees on Appropriations.
    (7) International prison conditions.--Of the funds
    appropriated by this Act under the headings ``Development
    Assistance'', ``Economic Support Fund'', and ``International
    Narcotics Control and Law Enforcement'', not less than
    $7,500,000 shall be made available for assistance to eliminate
    inhumane conditions in foreign prisons and other detention
    facilities, notwithstanding section 660 of the Foreign
    Assistance Act of 1961:  Provided,
    That <>  the Secretary of State
    and the USAID Administrator shall consult with the Committees on
    Appropriations on the proposed uses of such funds prior to
    obligation and not later than 60 days after enactment of this
    Act:  Provided further, That such funds shall be in addition to
    funds otherwise made available by this Act for such purpose.

    (b) Authorities.--
    (1) Reconstituting civilian police authority.--In providing
    assistance with funds appropriated by this Act under section
    660(b)(6) of the Foreign Assistance Act of 1961, support for a
    nation emerging from instability may be deemed to mean support
    for regional, district, municipal, or other sub-national entity
    emerging from instability, as well as a nation emerging from
    instability.
    (2) Disarmament, demobilization, and reintegration.--Section
    7034(d) <> of the Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2015
    (division J of Public Law 113-235) shall continue in effect
    during fiscal year 2021.
    (3) Extension of war reserves stockpile authority.--
    (A) Section 12001(d) of the Department of Defense
    Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
    1011) is amended by striking ``of this section'' and all
    that follows through the period at the end and inserting
    ``of this section after September 30, 2023.''.
    (B) Section 514(b)(2)(A) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
    striking ``and 2021'' and inserting ``2021, 2022, and
    2023''.
    (4) <>
    Commercial leasing of defense articles.--Notwithstanding any
    other provision of law, and subject to the regular notification
    procedures of the Committees on Appropriations, the authority of
    section 23(a) of the Arms Export Control Act (22 U.S.C. 2763)
    may be used to provide financing to Israel, Egypt, the North
    Atlantic Treaty Organization (NATO), and major non-NATO allies
    for the procurement by leasing (including leasing with an option
    to purchase) of defense articles from United States commercial
    suppliers, not including Major Defense Equipment (other than
    helicopters and other types of aircraft having possible civilian
    application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than
    by government-to-government sale under such Act.

    [[Page 1757]]

    (5) Special defense acquisition fund.--Not to exceed
    $900,000,000 may be obligated pursuant to section 51(c)(2) of
    the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the
    purposes of the Special Defense Acquisition Fund (the Fund), to
    remain available for obligation until September 30, 2023:
    Provided, That the provision of defense articles and defense
    services to foreign countries or international organizations
    from the Fund shall be subject to the concurrence of the
    Secretary of State.
    (6) <>  Public
    disclosure.--For the purposes of funds appropriated by this Act
    and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs that are made
    available for assistance for units of foreign security forces,
    the term ``to the maximum extent practicable'' in section
    620M(d)(7) of the Foreign Assistance Act of 1961 (22 U.S.C.
    2378d) means that the identity of such units shall be made
    publicly available unless the Secretary of State, on a case-by-
    case basis, determines and reports to the appropriate
    congressional committees that non-disclosure is in the national
    security interest of the United States:  Provided, That any such
    determination shall include a detailed justification, and may be
    submitted in classified form.
    (7) Duty to inform.--
    (A) <>  Compliance.--If assistance to a
    foreign security force is provided in a manner in which
    the recipient unit or units cannot be identified prior
    to the transfer of assistance, the Secretary of State
    shall regularly provide a list of units prohibited from
    receiving such assistance pursuant to section 620M of
    the Foreign Assistance Act of 1961 to the recipient
    government, and such assistance shall be made available
    subject to a written agreement that the recipient
    government will comply with such prohibition:  Provided,
    That <>  such requirement
    regarding a written agreement shall take effect not
    later than December 31, 2021.
    (B) <>  Implementation
    plan.--Not later than 120 days after enactment of this
    Act, the Secretary of State shall submit an
    implementation plan to the Committees on Appropriations
    including a timeline and mechanisms for executing such
    agreements by December 31, 2021:  Provided,
    That <>  the Secretary of State
    shall consult with the Committees on Appropriations
    prior to submitting such plan.

    (c) Limitations.--
    (1) Child soldiers.--Funds appropriated by this Act should
    not be used to support any military training or operations that
    include child soldiers.
    (2) Landmines and cluster munitions.--
    (A) Landmines.--Notwithstanding any other provision
    of law, demining equipment available to the United
    States Agency for International Development and the
    Department of State and used in support of the clearance
    of landmines and unexploded ordnance for humanitarian
    purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the
    Secretary of State may prescribe.

    [[Page 1758]]

    (B) Cluster munitions.--No military assistance shall
    be furnished for cluster munitions, no defense export
    license for cluster munitions may be issued, and no
    cluster munitions or cluster munitions technology shall
    be sold or transferred, unless--
    (i) the submunitions of the cluster munitions,
    after arming, do not result in more than 1 percent
    unexploded ordnance across the range of intended
    operational environments, and the agreement
    applicable to the assistance, transfer, or sale of
    such cluster munitions or cluster munitions
    technology specifies that the cluster munitions
    will only be used against clearly defined military
    targets and will not be used where civilians are
    known to be present or in areas normally inhabited
    by civilians; or
    (ii) such assistance, license, sale, or
    transfer is for the purpose of demilitarizing or
    permanently disposing of such cluster munitions.
    (3) <>
    Congressional budget justifications.--Of the funds realized
    pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    and made available for obligation for expenses incurred by the
    Department of Defense, Defense Security Cooperation Agency
    (DSCA) during fiscal year 2021 pursuant to section 43(b) of the
    Arms Export Control Act (22 U.S.C. 2792(b)), $25,000,000 shall
    be withheld from obligation until the DSCA, jointly with the
    Department of State, submits to the Committees on Appropriations
    the congressional budget justification for funds requested under
    the heading ``Foreign Military Financing Program'' for fiscal
    years 2021 and 2022, including the accompanying classified
    appendices.
    (4) <>  Crowd control items.--Funds
    appropriated by this Act should not be used for tear gas, small
    arms, light weapons, ammunition, or other items for crowd
    control purposes for foreign security forces that use excessive
    force to repress peaceful expression, association, or assembly
    in countries that the Secretary of State determines are
    undemocratic or are undergoing democratic transitions.

    (d) Reports.--
    (1) Security assistance report.--Not later than 120 days
    after enactment of this Act, the Secretary of State shall submit
    to the Committees on Appropriations a report on funds obligated
    and expended during fiscal year 2020, by country and purpose of
    assistance, under the headings ``Peacekeeping Operations'',
    ``International Military Education and Training'', and ``Foreign
    Military Financing Program''.
    (2) <>  Annual foreign military training
    report.--For the purposes of implementing section 656 of the
    Foreign Assistance Act of 1961, the term ``military training
    provided to foreign military personnel by the Department of
    Defense and the Department of State'' shall be deemed to include
    all military training provided by foreign governments with funds
    appropriated to the Department of Defense or the Department of
    State, except for training provided by the government of a
    country designated by section 517(b) of such Act (22 U.S.C.
    2321k(b)) as a major non-North Atlantic Treaty Organization
    ally:  Provided, That such third-country training shall be
    clearly

    [[Page 1759]]

    identified in the report submitted pursuant to section 656 of
    such Act.

    arab league boycott of israel

    Sec. 7036.  It is the sense of the Congress that--
    (1) the Arab League boycott of Israel, and the secondary
    boycott of American firms that have commercial ties with Israel,
    is an impediment to peace in the region and to United States
    investment and trade in the Middle East and North Africa;
    (2) the Arab League boycott, which was regrettably
    reinstated in 1997, should be immediately and publicly
    terminated, and the Central Office for the Boycott of Israel
    immediately disbanded;
    (3) all Arab League states should normalize relations with
    their neighbor Israel;
    (4) the President and the Secretary of State should continue
    to vigorously oppose the Arab League boycott of Israel and find
    concrete steps to demonstrate that opposition by, for example,
    taking into consideration the participation of any recipient
    country in the boycott when determining to sell weapons to said
    country; and
    (5) the President should report to Congress annually on
    specific steps being taken by the United States to encourage
    Arab League states to normalize their relations with Israel to
    bring about the termination of the Arab League boycott of
    Israel, including those to encourage allies and trading partners
    of the United States to enact laws prohibiting businesses from
    complying with the boycott and penalizing businesses that do
    comply.

    palestinian statehood

    Sec. 7037. (a) <>  Limitation
    on Assistance.--None of the funds appropriated under titles III through
    VI of this Act may be provided to support a Palestinian state unless the
    Secretary of State determines and certifies to the appropriate
    congressional committees that--
    (1) the governing entity of a new Palestinian state--
    (A) has demonstrated a firm commitment to peaceful
    co-existence with the State of Israel; and
    (B) is taking appropriate measures to counter
    terrorism and terrorist financing in the West Bank and
    Gaza, including the dismantling of terrorist
    infrastructures, and is cooperating with appropriate
    Israeli and other appropriate security organizations;
    and
    (2) the Palestinian Authority (or the governing entity of a
    new Palestinian state) is working with other countries in the
    region to vigorously pursue efforts to establish a just,
    lasting, and comprehensive peace in the Middle East that will
    enable Israel and an independent Palestinian state to exist
    within the context of full and normal relationships, which
    should include--
    (A) termination of all claims or states of
    belligerency;
    (B) respect for and acknowledgment of the
    sovereignty, territorial integrity, and political
    independence of every state in the area through measures
    including the establishment of demilitarized zones;

    [[Page 1760]]

    (C) their right to live in peace within secure and
    recognized boundaries free from threats or acts of
    force;
    (D) freedom of navigation through international
    waterways in the area; and
    (E) a framework for achieving a just settlement of
    the refugee problem.

    (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
    (c) <>  Waiver.--The President may
    waive subsection (a) if the President determines that it is important to
    the national security interest of the United States to do so.

    (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 7040 of this Act (``Limitation on Assistance for the Palestinian
    Authority'').

    prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

    assistance for the west bank and gaza

    Sec. 7039.
    (a) <>
    Oversight.--For fiscal year 2021, 30 days prior to the initial
    obligation of funds for the bilateral West Bank and Gaza Program, the
    Secretary of State shall certify to the Committees on Appropriations
    that procedures have been established to assure the Comptroller General
    of the United States will have access to appropriate United States
    financial information in order to review the uses of United States
    assistance for the Program funded under the heading ``Economic Support
    Fund'' for the West Bank and Gaza.

    (b) <>  Vetting.--Prior to the
    obligation of funds appropriated by this Act under the heading
    ``Economic Support Fund'' for assistance for the West Bank and Gaza, the
    Secretary of State shall take all appropriate steps to ensure that such
    assistance is not provided to or through any individual, private or
    government entity, or educational institution that the Secretary knows
    or has reason to believe advocates, plans, sponsors, engages in, or has
    engaged in, terrorist activity nor, with respect to private entities or
    educational institutions, those that have as a principal officer of the
    entity's governing board or governing board of trustees any individual
    that has been determined to be involved in, or advocating terrorist
    activity or determined to be a member of a designated foreign terrorist
    organization: <>   Provided, That the Secretary of
    State shall, as appropriate, establish procedures specifying the steps
    to be taken in carrying out this subsection and shall terminate
    assistance to any individual, entity, or educational institution which
    the Secretary has determined to be involved in or advocating terrorist
    activity.

    [[Page 1761]]

    (c) Prohibition.--
    (1) Recognition of acts of terrorism.--None of the funds
    appropriated under titles III through VI of this Act for
    assistance under the West Bank and Gaza Program may be made
    available for--
    (A) the purpose of recognizing or otherwise honoring
    individuals who commit, or have committed acts of
    terrorism; and
    (B) <>  any educational
    institution located in the West Bank or Gaza that is
    named after an individual who the Secretary of State
    determines has committed an act of terrorism.
    (2) Security assistance and reporting requirement.--
    Notwithstanding any <> other provision of
    law, none of the funds made available by this or prior
    appropriations Acts, including funds made available by transfer,
    may be made available for obligation for security assistance for
    the West Bank and Gaza until the Secretary of State reports to
    the Committees on Appropriations on the benchmarks that have
    been established for security assistance for the West Bank and
    Gaza and reports on the extent of Palestinian compliance with
    such benchmarks.

    (d) <>  Oversight by the United States Agency for
    International Development.--
    (1) <>  The
    Administrator of the United States Agency for International
    Development shall ensure that Federal or non-Federal audits of
    all contractors and grantees, and significant subcontractors and
    sub-grantees, under the West Bank and Gaza Program, are
    conducted at least on an annual basis to ensure, among other
    things, compliance with this section.
    (2) <>  Of the funds appropriated by
    this Act, up to $1,000,000 may be used by the Office of
    Inspector General of the United States Agency for International
    Development for audits, investigations, and other activities in
    furtherance of the requirements of this subsection:  Provided,
    That such funds are in addition to funds otherwise available for
    such purposes.

    (e) Comptroller General of the United States Audit.--Subsequent to
    the <> certification specified in
    subsection (a), the Comptroller General of the United States shall
    conduct an audit and an investigation of the treatment, handling, and
    uses of all funds for the bilateral West Bank and Gaza Program,
    including all funds provided as cash transfer assistance, in fiscal year
    2021 under the heading ``Economic Support Fund'', and such audit shall
    address--
    (1) <>  the extent to which such Program
    complies with the requirements of subsections (b) and (c); and
    (2) <>  an examination of all programs,
    projects, and activities carried out under such Program,
    including both obligations and expenditures.

    (f) Notification Procedures.--Funds made available in this Act for
    West Bank and Gaza shall be subject to the regular notification
    procedures of the Committees on Appropriations.

    limitation on assistance for the palestinian authority

    Sec. 7040. (a) <>  Prohibition of Funds.--None of
    the funds appropriated by this Act to carry out the provisions of
    chapter 4 of part II of the Foreign Assistance Act of 1961 may be
    obligated

    [[Page 1762]]

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

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

    (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed:
    Provided, That the report shall also detail the steps the Palestinian
    Authority has taken to arrest terrorists, confiscate weapons and
    dismantle the terrorist infrastructure.
    (e) <>  Certification.--If the President exercises
    the waiver authority under subsection (b), the Secretary of State must
    certify and report to the Committees on Appropriations prior to the
    obligation of funds that the Palestinian Authority has established a
    single treasury account for all Palestinian Authority financing and all
    financing mechanisms flow through this account, no parallel financing
    mechanisms exist outside of the Palestinian Authority treasury account,
    and there is a single comprehensive civil service roster and payroll,
    and the Palestinian Authority is acting to counter incitement of
    violence against Israelis and is supporting activities aimed at
    promoting peace, coexistence, and security cooperation with Israel.

    (f) Prohibition to Hamas and the Palestine Liberation
    Organization.--
    (1) None of the funds appropriated in titles III through VI
    of this Act may be obligated for salaries of personnel of the
    Palestinian Authority located in Gaza or may be obligated or
    expended for assistance to Hamas or any entity effectively
    controlled by Hamas, any power-sharing government of which Hamas
    is a member, or that results from an agreement with Hamas and
    over which Hamas exercises undue influence.
    (2) <>
    Notwithstanding the limitation of paragraph (1), assistance may
    be provided to a power-sharing government only if the President
    certifies and reports to the Committees on Appropriations that
    such government, including all of its ministers or such
    equivalent, has publicly accepted and is complying with the
    principles contained in section 620K(b)(1) (A) and (B) of the
    Foreign Assistance Act of 1961, as amended.
    (3) The President may exercise the authority in section
    620K(e) of the Foreign Assistance Act of 1961, as added by the
    Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
    respect to this subsection.
    (4) <>  Whenever
    the certification pursuant to paragraph (2) is exercised, the
    Secretary of State shall submit a report to the Committees on
    Appropriations within 120 days of the certification and every
    quarter thereafter on whether such government, including all of
    its ministers or such equivalent are

    [[Page 1763]]

    continuing to comply with the principles contained in section
    620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as
    amended:  Provided, That the report shall also detail the
    amount, purposes and delivery mechanisms for any assistance
    provided pursuant to the abovementioned certification and a full
    accounting of any direct support of such government.
    (5) None of the funds appropriated under titles III through
    VI of this Act may be obligated for assistance for the Palestine
    Liberation Organization.

    middle east and north africa

    Sec. 7041. (a) Egypt.--
    (1) Certification and report.--Funds appropriated by this
    Act that are available for assistance for Egypt may be made
    available notwithstanding any other provision of law restricting
    assistance for Egypt, except for this subsection and section
    620M of the Foreign Assistance Act of 1961, and may only be made
    available for assistance for the Government of Egypt if the
    Secretary of State certifies and reports to the Committees on
    Appropriations that such government is--
    (A) sustaining the strategic relationship with the
    United States; and
    (B) meeting its obligations under the 1979 Egypt-
    Israel Peace Treaty.
    (2) Economic support fund.--Of the funds appropriated by
    this Act under the heading ``Economic Support Fund'', not less
    than $125,000,000 shall be made available for assistance for
    Egypt, of which $40,000,000 should be made available for higher
    education programs, including not less than $15,000,000 for
    scholarships for Egyptian students with high financial need to
    attend not-for-profit institutions of higher education in Egypt
    that are currently accredited by a regional accrediting agency
    recognized by the United States Department of Education, or
    meets standards equivalent to those required for United States
    institutional accreditation by a regional accrediting agency
    recognized by such Department:  Provided, That such funds shall
    be made available for democracy programs, and for development
    programs in the Sinai: <>
    Provided further, That such funds may not be made available for
    cash transfer assistance or budget support unless the Secretary
    of State certifies and reports to the appropriate congressional
    committees that the Government of Egypt is taking consistent and
    effective steps to stabilize the economy and implement market-
    based economic reforms.
    (3) Foreign military financing program.--
    (A) Certification.--Of the funds appropriated by
    this Act under the heading ``Foreign Military Financing
    Program'', $1,300,000,000, to remain available until
    September 30, 2022, should be made available for
    assistance for Egypt:  Provided,
    That <>  such funds
    may be transferred to an interest bearing account in the
    Federal Reserve Bank of New York, following consultation
    with the Committees on Appropriations, and the uses of
    any interest earned on such funds shall be subject to
    the regular notification procedures of the Committees on
    Appropriations: <>   Provided further, That $225,000,000 of such
    funds shall be withheld from obligation until the
    Secretary of State certifies and reports to

    [[Page 1764]]

    the Committees on Appropriations that the Government of
    Egypt is taking sustained and effective steps to--
    (i) strengthen the rule of law, democratic
    institutions, and human rights in Egypt, including
    to protect religious minorities and the rights of
    women, which are in addition to steps taken during
    the previous calendar year for such purposes;
    (ii) implement reforms that protect freedoms
    of expression, association, and peaceful assembly,
    including the ability of civil society
    organizations, human rights defenders, and the
    media to function without interference;
    (iii) hold Egyptian security forces
    accountable, including officers credibly alleged
    to have violated human rights;
    (iv) investigate and prosecute cases of
    extrajudicial killings and forced disappearances;
    and
    (v) provide regular access for United States
    officials to monitor such assistance in areas
    where the assistance is used:
    Provided further, That the certification requirement
    of this paragraph shall not apply to funds appropriated
    by this Act under such heading for counterterrorism,
    border security, and nonproliferation programs for
    Egypt.
    (B) <>  Waiver.--The
    Secretary of State may waive the certification
    requirement in subparagraph (A) if the Secretary
    determines and reports to the Committees on
    Appropriations that to do so is important to the
    national security interest of the United States, and
    submits a report to such Committees containing a
    detailed justification for the use of such waiver and
    the reasons why any of the requirements of subparagraph
    (A) cannot be met:  Provided, That the report required
    by this paragraph shall be submitted in unclassified
    form, but may be accompanied by a classified annex.
    (C) <>  In addition to the funds withheld pursuant
    to subparagraph (A), $75,000,000 of the funds made
    available pursuant to this paragraph shall be withheld
    from obligation until the Secretary of State determines
    and reports to the Committees on Appropriations that the
    Government of Egypt is making clear and consistent
    progress in releasing political prisoners and providing
    detainees with due process of law.
    (4) <>  September 13, 2015, attack.--
    The Secretary of State shall encourage good faith negotiations
    between the relevant parties regarding the September 13, 2015,
    attack against a tour group by the Egyptian military during
    which American April Corley was injured: <>   Provided, That in lieu of the
    reporting requirement under section 7041(a)(4) of the Department
    of State, Foreign Operations, and Related Programs
    Appropriations Act, 2020 (division G of Public Law 116-94), the
    Secretary of State shall report to the Committees on
    Appropriations on the status of such negotiations not later than
    60 days after enactment of this Act and every 90 days thereafter
    until September 30, 2021.

    (b) Iran.--

    [[Page 1765]]

    (1) Funding.--Funds appropriated by this Act under the
    headings ``Diplomatic Programs'', ``Economic Support Fund'', and
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'' shall be made available for the programs and
    activities described under this section in House Report 116-444.
    (2) Reports.--
    (A) Semi-annual report.--The Secretary of State
    shall submit to the Committees on Appropriations the
    semi-annual report required by section 135(d)(4) of the
    Atomic Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as
    added by section 2 of the Iran Nuclear Agreement Review
    Act of 2015 (Public Law 114-17).
    (B) <>  Sanctions report.--Not
    later than 180 days after the date of enactment of this
    Act, the Secretary of State, in consultation with the
    Secretary of the Treasury, shall submit to the
    appropriate congressional committees a report on--
    (i) the status of United States bilateral
    sanctions on Iran;
    (ii) the reimposition and renewed enforcement
    of secondary sanctions; and
    (iii) the impact such sanctions have had on
    Iran's destabilizing activities throughout the
    Middle East.

    (c) Iraq.--
    (1) Purposes.--Funds appropriated under titles III and IV of
    this Act shall be made available for assistance for Iraq for--
    (A) bilateral economic assistance and international
    security assistance, including in the Kurdistan Region
    of Iraq;
    (B) stabilization assistance, including in Anbar
    Province;
    (C) justice sector strengthening;
    (D) humanitarian assistance, including in the
    Kurdistan Region of Iraq; and
    (E) programs to protect and assist religious and
    ethnic minority populations in Iraq, including as
    described under this section in House Report 116-444.
    (2) <>  United states
    consulate general basrah.--Any change in the status of
    operations at United States Consulate General Basrah, including
    the return of Consulate property located adjacent to the Basrah
    International Airport to the Government of Iraq, shall be
    subject to prior consultation with the appropriate congressional
    committees and the regular notification procedures of the
    Committees on Appropriations.
    (3) Basing rights agreement.--None of the funds appropriated
    or otherwise made available by this Act may be used by the
    Government of the United States to enter into a permanent basing
    rights agreement between the United States and Iraq.

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

    [[Page 1766]]

    in Jordan; and not less than $425,000,000 shall be made available under
    the heading ``Foreign Military Financing Program''.
    (e) Lebanon.--
    (1) Assistance.--Funds appropriated under titles III and IV
    of this Act shall be made available for assistance for Lebanon:
    Provided, That such funds made available under the heading
    ``Economic Support Fund'' may be made available notwithstanding
    section 1224 of the Foreign Relations Authorization Act, Fiscal
    Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
    (2) Security assistance.--
    (A) <>  Funds appropriated by
    this Act under the headings ``International Narcotics
    Control and Law Enforcement'' and ``Foreign Military
    Financing Program'' that are made available for
    assistance for Lebanon may be made available for
    programs and equipment for the Lebanese Internal
    Security Forces (ISF) and the Lebanese Armed Forces
    (LAF) to address security and stability requirements in
    areas affected by conflict in Syria, following
    consultation with the appropriate congressional
    committees.
    (B) Funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' that are made
    available for assistance for Lebanon may only be made
    available for programs to--
    (i) professionalize the LAF to mitigate
    internal and external threats from non-state
    actors, including Hizballah;
    (ii) <>  strengthen border
    security and combat terrorism, including training
    and equipping the LAF to secure the borders of
    Lebanon and address security and stability
    requirements in areas affected by conflict in
    Syria, interdicting arms shipments, and preventing
    the use of Lebanon as a safe haven for terrorist
    groups; and
    (iii) implement United Nations Security
    Council Resolution 1701:
    Provided, That <>  prior to
    obligating funds made available by this subparagraph for
    assistance for the LAF, the Secretary of State shall
    submit to the Committees on Appropriations a spend plan,
    including actions to be taken to ensure equipment
    provided to the LAF is used only for the intended
    purposes, except such plan may not be considered as
    meeting the notification requirements under section 7015
    of this Act or under section 634A of the Foreign
    Assistance Act of 1961, and shall be submitted not later
    than June 1, 2021: <>   Provided
    further, That any notification submitted pursuant to
    such section shall include any funds specifically
    intended for lethal military equipment.
    (3) Limitation.--None of the funds appropriated by this Act
    may be made available for the ISF or the LAF if the ISF or the
    LAF is controlled by a foreign terrorist organization, as
    designated pursuant to section 219 of the Immigration and
    Nationality Act (8 U.S.C. 1189).

    (f) Libya.--

    [[Page 1767]]

    (1) Assistance.--Funds appropriated under titles III and IV
    of this Act shall be made available for stabilization assistance
    for Libya, including support for a United Nations-facilitated
    political process and border security: <>
    Provided, That the limitation on the uses of funds for certain
    infrastructure projects in section 7041(f)(2) of the Department
    of State, Foreign Operations, and Related Programs
    Appropriations Act, 2014 (division K of Public Law 113-76) shall
    apply to such funds.
    (2) <>  Certification.--Prior to the initial
    obligation of funds made available by this Act for assistance
    for Libya, the Secretary of State shall certify and report to
    the Committees on Appropriations that all practicable steps have
    been taken to ensure that mechanisms are in place for
    monitoring, oversight, and control of such funds.

    (g) Morocco.--
    (1) Availability and consultation requirement.--Funds
    appropriated under title III of this Act shall be made available
    for assistance for the Western Sahara: <>
    Provided, That not later than 90 days after enactment of this
    Act and prior to the obligation of such funds, the Secretary of
    State, in consultation with the Administrator of the United
    States Agency for International Development, shall consult with
    the Committees on Appropriations on the proposed uses of such
    funds.
    (2) Foreign military financing program.--Funds appropriated
    by this Act under the heading ``Foreign Military Financing
    Program'' that are available for assistance for Morocco may only
    be used for the purposes requested in the Congressional Budget
    Justification, Foreign Operations, Fiscal Year 2017.

    (h) Saudi Arabia.--
    (1) International military education and training.--None of
    the funds appropriated by this Act under the heading
    ``International Military Education and Training'' may be made
    available for assistance for the Government of Saudi Arabia.
    (2) Export-import bank.--None of the funds appropriated or
    otherwise made available by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs should be obligated or expended by the
    Export-Import Bank of the United States to guarantee, insure, or
    extend (or participate in the extension of) credit in connection
    with the export of nuclear technology, equipment, fuel,
    materials, or other nuclear technology-related goods or services
    to Saudi Arabia unless the Government of Saudi Arabia--
    (A) has in effect a nuclear cooperation agreement
    pursuant to section 123 of the Atomic Energy Act of 1954
    (42 U.S.C. 2153);
    (B) has committed to renounce uranium enrichment and
    reprocessing on its territory under that agreement; and
    (C) has signed and implemented an Additional
    Protocol to its Comprehensive Safeguards Agreement with
    the International Atomic Energy Agency.

    (i) Syria.--
    (1) Non-lethal assistance.--Of the funds appropriated by
    this Act under the headings ``Economic Support Fund'',
    ``International Narcotics Control and Law Enforcement'', and
    ``Peacekeeping Operations'', not less than $40,000,000 shall be

    [[Page 1768]]

    made available, notwithstanding any other provision of law, for
    non-lethal stabilization assistance for Syria, of which not less
    than $7,000,000 shall be made available for emergency medical
    and rescue response and chemical weapons use investigations.
    (2) Limitations.--Funds made available pursuant to paragraph
    (1) of this subsection--
    (A) <>  may not be made
    available for a project or activity that supports or
    otherwise legitimizes the Government of Iran, foreign
    terrorist organizations (as designated pursuant to
    section 219 of the Immigration and Nationality Act (8
    U.S.C. 1189)), or a proxy of Iran in Syria;
    (B) <>  may not be
    made available for activities that further the strategic
    objectives of the Government of the Russian Federation
    that the Secretary of State determines may threaten or
    undermine United States national security interests; and
    (C) <>  should not be used
    in areas of Syria controlled by a government led by
    Bashar al-Assad or associated forces.
    (3) Monitoring and oversight.--Prior to the obligation of
    any funds appropriated by this Act and made available for
    assistance for Syria, the Secretary of State shall take all
    practicable steps to ensure that mechanisms are in place for
    monitoring, oversight, and control of such assistance inside
    Syria.
    (4) Consultation and notification.--Funds made available
    pursuant to this subsection may only be made available following
    consultation with the appropriate congressional committees, and
    shall be subject to the regular notification procedures of the
    Committees on Appropriations.

    (j) Tunisia.--Of the funds appropriated under titles III and IV of
    this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, not less than
    $241,400,000 shall be made available for assistance for Tunisia.
    (k) West Bank and Gaza.--
    (1) Report on assistance.--Prior to the initial obligation
    of funds made available by this Act under the heading ``Economic
    Support Fund'' for assistance for the West Bank and Gaza, the
    Secretary of State shall report to the Committees on
    Appropriations that the purpose of such assistance is to--
    (A) advance Middle East peace;
    (B) improve security in the region;
    (C) continue support for transparent and accountable
    government institutions;
    (D) promote a private sector economy; or
    (E) address urgent humanitarian needs.
    (2) Limitations.--
    (A)(i) <>
    None of the funds appropriated under the heading
    ``Economic Support Fund'' in this Act may be made
    available for assistance for the Palestinian Authority,
    if after the date of enactment of this Act--
    (I) the Palestinians obtain the same
    standing as member states or full
    membership as a state in the United
    Nations or any specialized agency

    [[Page 1769]]

    thereof outside an agreement negotiated
    between Israel and the Palestinians; or
    (II) the Palestinians initiate an
    International Criminal Court (ICC)
    judicially authorized investigation, or
    actively support such an investigation,
    that subjects Israeli nationals to an
    investigation for alleged crimes against
    Palestinians.
    (ii) <>  The Secretary of
    State may waive the restriction in clause (i) of
    this subparagraph resulting from the application
    of subclause (I) of such clause if the Secretary
    certifies to the Committees on Appropriations that
    to do so is in the national security interest of
    the United States, and submits a report to such
    Committees detailing how the waiver and the
    continuation of assistance would assist in
    furthering Middle East peace.
    (B)(i) <>  The
    President may waive the provisions of section 1003 of
    the Foreign Relations Authorization Act, Fiscal Years
    1988 and 1989 (Public Law 100-204) if the President
    determines and certifies in writing to the Speaker of
    the House of Representatives, the President pro tempore
    of the Senate, and the appropriate congressional
    committees that the Palestinians have not, after the
    date of enactment of this Act--
    (I) obtained in the United Nations
    or any specialized agency thereof the
    same standing as member states or full
    membership as a state outside an
    agreement negotiated between Israel and
    the Palestinians; and
    (II) initiated or actively supported
    an ICC investigation against Israeli
    nationals for alleged crimes against
    Palestinians.
    (ii) <>  Not less than 90
    days after the President is unable to make the
    certification pursuant to clause (i) of this
    subparagraph, the President may waive section 1003
    of Public Law 100-204 if the President determines
    and certifies in writing to the Speaker of the
    House of Representatives, the President pro
    tempore of the Senate, and the Committees on
    Appropriations that the Palestinians have entered
    into direct and meaningful negotiations with
    Israel:  Provided, That any waiver of the
    provisions of section 1003 of Public Law 100-204
    under clause (i) of this subparagraph or under
    previous provisions of law must expire before the
    waiver under the preceding sentence may be
    exercised.
    (iii) <>  Any waiver
    pursuant to this subparagraph shall be effective
    for no more than a period of 6 months at a time
    and shall not apply beyond 12 months after the
    enactment of this Act.
    (3) Application of taylor force act.--Funds appropriated by
    this Act under the heading ``Economic Support Fund'' that are
    made available for assistance for the West Bank and Gaza shall
    be made available consistent with section 1004(a) of the Taylor
    Force Act (title X of division S of Public Law 115-141).

    [[Page 1770]]

    (4) <>  Security
    report.--The reporting requirements in section 1404 of the
    Supplemental Appropriations Act, 2008 (Public Law 110-252) shall
    apply to funds made available by this Act, including a
    description of modifications, if any, to the security strategy
    of the Palestinian Authority.
    (5) Incitement report.--Not later than 90 days after
    enactment of this Act, the Secretary of State shall submit a
    report to the appropriate congressional committees detailing
    steps taken by the Palestinian Authority to counter incitement
    of violence against Israelis and to promote peace and
    coexistence with Israel.

    (l) Yemen.--Funds appropriated under title III and under the
    headings ``International Narcotics Control and Law Enforcement'' and
    ``Nonproliferation, Anti-terrorism, Demining and Related Programs'' of
    this Act and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs shall be made available
    for health, humanitarian, and stabilization assistance for Yemen.

    africa

    Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
    Funds appropriated <> by this Act under
    the heading ``International Military Education and Training'' for the
    central government of a country in the African Great Lakes region may be
    made available only for Expanded International Military Education and
    Training and professional military education until the Secretary of
    State determines and reports to the Committees on Appropriations that
    such government is not facilitating or otherwise participating in
    destabilizing activities in a neighboring country, including aiding and
    abetting armed groups.

    (b) <>  Cameroon.--Funds appropriated under title
    IV of this Act that are made available for assistance for the armed
    forces of Cameroon, including the Rapid Intervention Battalion, may only
    be made available to counter regional terrorism, including Boko Haram
    and other Islamic State affiliates, participate in international
    peacekeeping operations, and for military education and maritime
    security programs.

    (c) Central African Republic.--Of the funds appropriated by this Act
    under the heading ``Economic Support Fund'', not less than $3,000,000
    shall be made available for a contribution to the Special Criminal Court
    in Central African Republic.
    (d) <>  Counter
    Illicit Armed Groups.--Funds appropriated by this Act shall be made
    available for programs and activities in areas affected by the Lord's
    Resistance Army (LRA) or other illicit armed groups in Eastern
    Democratic Republic of the Congo and the Central African Republic,
    including to improve physical access, telecommunications infrastructure,
    and early-warning mechanisms and to support the disarmament,
    demobilization, and reintegration of former LRA combatants, especially
    child soldiers.

    (e) <>  Democratic Republic of the Congo.--Of the
    funds appropriated under titles III and IV of this Act, not less than
    $325,000,000 shall be made available for assistance for the Democratic
    Republic of the Congo (DRC) for stabilization, global health, and
    bilateral economic assistance, including in areas affected by, and at
    risk from, the Ebola virus disease:  Provided, That such funds shall
    also be made available to support security, stabilization,

    [[Page 1771]]

    development, and democracy in Eastern DRC:  Provided further, That funds
    appropriated by this Act under the headings ``Peacekeeping Operations''
    and ``International Military Education and Training'' that are made
    available for such purposes may be made available notwithstanding any
    other provision of law, except section 620M of the Foreign Assistance
    Act of 1961.

    (f) Lake Chad Basin Countries.--Funds appropriated under titles III
    and IV of this Act shall be made available for assistance for Cameroon,
    Chad, Niger, and Nigeria for--
    (1) democracy, development, and health programs;
    (2) <>  assistance for individuals
    targeted by foreign terrorist and other extremist organizations,
    including Boko Haram, consistent with the provisions of section
    7059 of this Act;
    (3) assistance for individuals displaced by violent
    conflict; and
    (4) counterterrorism programs.

    (g) Malawi.--Of the funds appropriated by this Act under the heading
    ``Development Assistance'', not less than $60,000,000 shall be made
    available for assistance for Malawi, of which up to $10,000,000 shall be
    made available for higher education programs.
    (h) Sahel Stabilization and Security.--Funds appropriated under
    titles III and IV of this Act shall be made available for stabilization,
    health, development, and security programs in the countries of the Sahel
    region.
    (i) South Sudan.--
    (1) Assistance.--Of the funds appropriated under title III
    of this Act that are made available for assistance for South
    Sudan, not less than $15,000,000 shall be made available for
    democracy programs and not less than $8,000,000 shall be made
    available for conflict mitigation and reconciliation programs.
    (2) Limitation on assistance for the central government.--
    Funds appropriated <> by this Act that are
    made available for assistance for the central Government of
    South Sudan may only be made available, following consultation
    with the Committees on Appropriations, for--
    (A) humanitarian assistance;
    (B) health programs, including to prevent, detect,
    and respond to infectious diseases;
    (C) assistance to support South Sudan peace
    negotiations or to advance or implement a peace
    agreement; and
    (D) assistance to support implementation of
    outstanding issues of the Comprehensive Peace Agreement
    and mutual arrangements related to such agreement:
    Provided, That prior to the initial obligation of funds made
    available pursuant to subparagraphs (C) and (D), the Secretary
    of State shall consult with the Committees on Appropriations on
    the intended uses of such funds and steps taken by such
    government to advance or implement a peace agreement.

    (j) Sudan.--
    (1) Assistance.--
    (A) <>  Of the funds
    appropriated under title III of this Act and prior Acts
    making appropriations for the Department of State,
    foreign operations, and related programs, except for
    funds designated by the Congress as an emergency
    requirement pursuant to a concurrent resolution on

    [[Page 1772]]

    the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985, not less than $60,000,000 shall be
    made available for assistance for Sudan, following
    consultation with the Committees on Appropriations:
    Provided, That amounts repurposed pursuant to this
    subparagraph that were previously designated by the
    Congress for Overseas Contingency Operations/Global War
    on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
    Balanced Budget and Emergency Deficit Control Act of
    1985 are designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant
    to section 251(b)(2)(A)(ii) of such Act:  Provided
    further, That notwithstanding any other provision of
    law, such funds may be made available for agriculture
    and economic growth programs, and economic assistance
    for marginalized areas in Sudan and Abyei.
    (B) None of the funds appropriated under title IV of
    this Act may be made available for assistance for the
    Government of Sudan, except assistance to support
    implementation of outstanding issues of the
    Comprehensive Peace Agreement, mutual arrangements
    related to post-referendum issues associated with such
    Agreement, or any other viable peace agreement in Sudan.
    (2) Extension of authorization.--Section 501(i) of title V
    of H.R. 3425 of the 106th Congress, as enacted into law by
    section 1000(a)(5) of Public Law 106-113 (113 Stat. 1501, 1535-
    36), and set forth in Appendix E thereof (113 Stat. 1501A-289,-
    313), as most recently amended by section 904(b) of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-94, 113
    Stat. 2534, 3086), <>  is further
    amended by striking ``2000-2021'' and inserting ``2000-2025''.
    (3) Consultation.--Funds appropriated by this Act and prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs that are made available for any
    new program, project, or activity in Sudan shall be subject to
    prior consultation with the appropriate congressional
    committees.

    (k) <>
    Zimbabwe.--
    (1) Instruction.--The Secretary of the Treasury shall
    instruct the United States executive director of each
    international financial institution to vote against any
    extension by the respective institution of any loan or grant to
    the Government of Zimbabwe, except to meet basic human needs or
    to promote democracy, unless the Secretary of State certifies
    and reports to the Committees on Appropriations that the rule of
    law has been restored, including respect for ownership and title
    to property, and freedoms of expression, association, and
    assembly.
    (2) Limitation.--None of the funds appropriated by this Act
    shall be made available for assistance for the central
    Government of Zimbabwe, except for health and education, unless
    the Secretary of State certifies and reports as required in
    paragraph (1).

    east asia and the pacific

    Sec. 7043. (a) Burma.--

    [[Page 1773]]

    (1) Bilateral economic assistance.--
    (A) Of the funds appropriated under title III and
    under the heading ``International Narcotics Control and
    Law Enforcement'' of this Act, not less than
    $134,950,000 shall be made available for assistance for
    Burma: <>   Provided, That such
    funds may be made available notwithstanding any other
    provision of law and following consultation with the
    appropriate congressional committees:  Provided further,
    That such funds shall be made available for programs to
    promote ethnic and religious tolerance and to combat
    gender-based violence, including in Kachin, Karen,
    Rakhine, and Shan states:  Provided further, That such
    funds shall be made available for programs to strengthen
    media and civil society organizations:  Provided
    further, That such funds may be made available for
    ethnic groups and civil society in Burma to help sustain
    ceasefire agreements and further prospects for
    reconciliation and peace, which may include support to
    representatives of ethnic armed groups for this purpose.
    (B) Funds appropriated under title III of this Act
    for assistance for Burma shall be made available for
    community-based organizations operating in Thailand to
    provide food, medical, and other humanitarian assistance
    to internally displaced persons in eastern Burma, in
    addition to assistance for Burmese refugees from funds
    appropriated by this Act under the heading ``Migration
    and Refugee Assistance'':  Provided,
    That <>  such funds may be available
    for programs to support the return of Kachin, Karen,
    Rohingya, Shan, and other refugees and internally
    displaced persons to their locations of origin or
    preference in Burma only if such returns are voluntary
    and consistent with international law.
    (C) <>  Funds appropriated under
    title III of this Act for assistance for Burma that are
    made available for assistance for the Government of
    Burma to support the implementation of Nationwide
    Ceasefire Agreement conferences, committees, and other
    procedures may only be made available if the Secretary
    of State reports to the Committees on Appropriations
    that such conferences, committees, and procedures are
    directed toward a sustainable peace and the Government
    of Burma is implementing its commitments under such
    Agreement.
    (2) International security assistance.--None of the funds
    appropriated by this Act under the headings ``International
    Military Education and Training'' and ``Foreign Military
    Financing Program'' may be made available for assistance for
    Burma: <>   Provided, That the Department
    of State may continue consultations with the armed forces of
    Burma only on human rights and disaster response in a manner
    consistent with the prior fiscal year, and following
    consultation with the appropriate congressional committees.
    (3) <>  Limitations.--
    None of the funds appropriated under title III of this Act for
    assistance for Burma may be made available to any organization
    or entity controlled by the armed forces of Burma, or to any
    individual or organization that has committed a gross violation
    of human rights or advocates violence against ethnic or
    religious groups or individuals in

    [[Page 1774]]

    Burma, as determined by the Secretary of State for programs
    administered by the Department of State and USAID or the
    President of the National Endowment for Democracy (NED) for
    programs administered by NED.
    (4) Consultation.--Any new program or activity in Burma
    initiated in fiscal year 2021 shall be subject to prior
    consultation with the appropriate congressional committees.

    (b) Cambodia.--
    (1) Assistance.--Of the funds appropriated under title III
    of this Act, not less than $85,505,000 shall be made available
    for assistance for Cambodia.
    (2) Certification and exceptions.--
    (A) <>  Certification.--None of the
    funds appropriated by this Act that are made available
    for assistance for the Government of Cambodia may be
    obligated or expended unless the Secretary of State
    certifies and reports to the Committees on
    Appropriations that such Government is taking effective
    steps to--
    (i) strengthen regional security and
    stability, particularly regarding territorial
    disputes in the South China Sea and the
    enforcement of international sanctions with
    respect to North Korea;
    (ii) assert its sovereignty against
    interference by the People's Republic of China,
    including by verifiably maintaining the neutrality
    of Ream Naval Base, other military installations
    in Cambodia, and dual use facilities such as the
    Dara Sakor development project;
    (iii) cease violence and harassment against
    civil society and the political opposition in
    Cambodia, and dismiss any politically motivated
    criminal charges against those who criticize the
    government; and
    (iv) respect the rights, freedoms, and
    responsibilities enshrined in the Constitution of
    the Kingdom of Cambodia as enacted in 1993.
    (B) Exceptions.--The certification required by
    subparagraph (A) shall not apply to funds appropriated
    by this Act and made available for democracy, health,
    education, and environment programs, programs to
    strengthen the sovereignty of Cambodia, and programs to
    educate and inform the people of Cambodia of the
    influence activities of the People's Republic of China
    in Cambodia.
    (3) Uses of funds.--Funds appropriated under title III of
    this Act for assistance for Cambodia shall be made available
    for--
    (A) research and education programs associated with
    the Khmer Rouge in Cambodia; and
    (B) programs in the Khmer language to monitor, map,
    and publicize the efforts by the People's Republic of
    China to expand its influence in Cambodia.

    (c) Indo-Pacific Strategy and the Asia Reassurance Initiative Act of
    2018.--
    (1) Assistance.--Of the funds appropriated under titles III
    and IV of this Act, not less than $1,482,000,000 shall be made
    available to support implementation of the Indo-Pacific Strategy
    and the Asia Reassurance Initiative Act of 2018 (Public Law 115-
    409).

    [[Page 1775]]

    (2) <>  Countering chinese influence
    fund.--Of the funds appropriated by this Act under the headings
    ``Development Assistance'', ``Economic Support Fund'',
    ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', and ``Foreign Military Financing Program'', not less
    than $300,000,000 shall be made available for a Countering
    Chinese Influence Fund to counter the malign influence of the
    Government of the People's Republic of China and the Chinese
    Communist Party and entities acting on their behalf globally,
    which shall be subject to prior consultation with the Committees
    on Appropriations:  Provided, That such funds are in addition to
    amounts otherwise made available for such
    purposes: <>   Provided further, That
    such funds appropriated under such headings may be transferred
    to, and merged with, funds appropriated under such headings:
    Provided further, That <>  such transfer
    authority is in addition to any other transfer authority
    provided by this Act or any other Act, and is subject to the
    regular notification procedures of the Committees on
    Appropriations.
    (3) <>  Restriction on uses of funds.--None of
    the funds appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs may be made available for any project or
    activity that directly supports or promotes--
    (A) the Belt and Road Initiative or any dual-use
    infrastructure projects of the People's Republic of
    China; and
    (B) <>  the use
    of technology, including biotechnology, digital,
    telecommunications, and cyber, developed by the People's
    Republic of China unless the Secretary of State, in
    consultation with the USAID Administrator and the heads
    of other Federal agencies, as appropriate, determines
    that such use does not adversely impact the national
    security of the United States.

    (d) Laos.--Of the funds appropriated under titles III and IV of this
    Act, not less than $80,930,000 shall be made available for assistance
    for Laos.
    (e) North Korea.--
    (1) <>  Cybersecurity.--None
    of the funds appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs may be made available for assistance for
    the central government of a country the Secretary of State
    determines and reports to the appropriate congressional
    committees engages in significant transactions contributing
    materially to the malicious cyber-intrusion capabilities of the
    Government of North Korea:  Provided, That the Secretary of
    State shall submit the report required by section 209 of the
    North Korea Sanctions and Policy Enhancement Act of 2016 (Public
    Law 114-122; 22 U.S.C. 9229) to the Committees on
    Appropriations: <>   Provided further,
    That the Secretary of State may waive the application of the
    restriction in this paragraph with respect to assistance for the
    central government of a country if the Secretary determines and
    reports to the appropriate congressional committees that to do
    so is important to the national security interest of the United
    States, including a description of such interest served.
    (2) Broadcasts.--Funds appropriated by this Act under the
    heading ``International Broadcasting Operations'' shall be

    [[Page 1776]]

    made available to maintain broadcasting hours into North Korea
    at levels not less than the prior fiscal year.
    (3) Human rights.--Funds appropriated by this Act under the
    headings ``Economic Support Fund'' and ``Democracy Fund'' shall
    be made available for the promotion of human rights in North
    Korea: <>   Provided, That the authority
    of section 7032(b)(1) of this Act shall apply to such funds.
    (4) Limitation on use of funds.--None of the funds made
    available by this Act under the heading ``Economic Support
    Fund'' may be made available for assistance for the Government
    of North Korea.

    (f) People's Republic of China.--
    (1) <>  Limitation on use
    of funds.--None of the funds appropriated under the heading
    ``Diplomatic Programs'' in this Act may be obligated or expended
    for processing licenses for the export of satellites of United
    States origin (including commercial satellites and satellite
    components) to the People's Republic of China (PRC) unless, at
    least 15 days in advance, the Committees on Appropriations are
    notified of such proposed action.
    (2) <>  People's liberation army.--The
    terms and requirements of section 620(h) of the Foreign
    Assistance Act of 1961 shall apply to foreign assistance
    projects or activities of the People's Liberation Army (PLA) of
    the PRC, to include such projects or activities by any entity
    that is owned or controlled by, or an affiliate of, the PLA:
    Provided, That none of the funds appropriated or otherwise made
    available pursuant to this Act may be used to finance any grant,
    contract, or cooperative agreement with the PLA, or any entity
    that the Secretary of State has reason to believe is owned or
    controlled by, or an affiliate of, the PLA.
    (3) Hong kong.--
    (A) Democracy programs.--Of the funds appropriated
    by this Act under the first paragraph under the heading
    ``Democracy Fund'', not less than $3,000,000 shall be
    made available for democracy and Internet freedom
    programs for Hong Kong, including legal and other
    support for democracy activists.
    (B) Restrictions on assistance.--None of the funds
    appropriated by this Act or prior Acts making
    appropriations for the Department of State, foreign
    operations, and related programs that are made available
    for assistance for Hong Kong should be obligated for
    assistance for the Government of the People's Republic
    of China and the Chinese Communist Party or any entity
    acting on their behalf in Hong Kong.
    (C) Report.--Funds appropriated under title I of
    this Act shall be made available to prepare and submit
    to Congress the report required by section 301 of the
    United States-Hong Kong Policy Act of 1992 (22 U.S.C.
    5731), which shall include the information described in
    section 7043(f)(4)(B) of the Department of State,
    Foreign Operations, and Related Programs Appropriations
    Act, 2020 (division G of Public Law 116-94) and under
    this paragraph in the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act).

    [[Page 1777]]

    (4) <>  Uyghurs and other
    muslim minorities.--The determination described under this
    heading in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act) shall
    be submitted to the appropriate congressional committees not
    later than 90 days after enactment of this Act.
    (5) <>  Clarification.--Funds
    appropriated by this Act and prior Acts making appropriations
    for the Department of State, foreign operations, and related
    programs that are made available for programs in the People's
    Republic of China may be used to counter the impact of Chinese
    influence and investments in the Greater Mekong Subregion,
    following consultation with the Committees on Appropriations.

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

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

    [[Page 1778]]

    (1) $14,500,000 shall be made available for health and
    disability programs in areas sprayed with Agent Orange and
    contaminated with dioxin, to assist individuals with severe
    upper or lower body mobility impairment or cognitive or
    developmental disabilities;
    (2) $19,000,000 shall be made available, notwithstanding any
    other provision of law, for activities related to the
    remediation of dioxin contaminated sites in Vietnam and may be
    made available for assistance for the Government of Vietnam,
    including the military, for such purposes; and
    (3) $2,500,000 shall be made available for a war legacy
    reconciliation program.

    south and central asia

    Sec. 7044. (a) Afghanistan.--
    (1) Funding and limitations.--Funds appropriated by this Act
    under the headings ``Economic Support Fund'' and ``International
    Narcotics Control and Law Enforcement'' that are made available
    for assistance for Afghanistan--
    (A) shall be made available to implement the South
    Asia Strategy, the Revised Strategy for United States
    Engagement in Afghanistan, and the United States Agency
    for International Development Country Development
    Cooperation Strategy for Afghanistan;
    (B) shall be made available for programs that
    implement and support comprehensive strategies to combat
    corruption in Afghanistan, with an emphasis on public
    disclosure of government receipts and expenditures and
    prosecution and punishment of corrupt officials;
    (C) shall be made available to continue support for
    not-for-profit institutions of higher education in
    Kabul, Afghanistan that are accessible to both women and
    men in a coeducational environment, including for the
    costs for operations and security for such institutions;
    (D) shall be made available for programs that
    protect and strengthen the rights of Afghan women and
    girls and promote the political and economic empowerment
    of women including their meaningful inclusion in
    political processes:  Provided, That <>
    such assistance to promote the economic empowerment of
    women shall be made available as grants to Afghan
    organizations, to the maximum extent practicable;
    (E) <>  shall
    prioritize, unless the Secretary of State or the
    Administrator of the United States Agency for
    International Development, as appropriate, determines
    that security conditions do not permit or risk
    deterioration, assistance to support long-term
    development in areas previously under the control of the
    Taliban or other violent extremist
    groups: <>   Provided, That such
    funds may be made available notwithstanding any other
    provision of law and following consultation with the
    Committees on Appropriation;
    (F) may not be made available for any program,
    project, or activity pursuant to section 7044(a)(1)(C)
    of the Department of State, Foreign Operations, and
    Related Programs

    [[Page 1779]]

    Appropriations Act, 2019 (division F of Public Law 116-
    6); and
    (G) may be made available, notwithstanding any other
    provision of law, for programs and activities to address
    the needs of the people of Afghanistan in support of
    peace and reconciliation, including reintegration of
    former Taliban and other extremists.
    (2) Afghan women.--
    (A) In general.--The Secretary of State shall
    promote and ensure the meaningful participation of
    Afghan women in any discussions between the Government
    of Afghanistan and the Taliban related to the future of
    Afghanistan in a manner consistent with the Women,
    Peace, and Security Act of 2017 (Public Law 115-68) and
    the 2019 United States Strategy on Women, Peace, and
    Security, including through--
    (i) advocacy by the United States Government
    for the inclusion of Afghan women representatives,
    particularly from civil society and rural
    provinces, in ongoing and future discussion;
    (ii) the leveraging of assistance for the
    protection of women and girls and their rights;
    and
    (iii) efforts to ensure that any agreement
    protects women's and girl's rights and ensures
    their freedom of movement, rights to education and
    work, and access to healthcare and legal
    representation.
    (B) <>  Assistance.--Funds
    appropriated by this Act and prior Acts making
    appropriations for the Department of State, foreign
    operations, and related programs under the heading
    ``Economic Support Fund'' shall be made available for an
    endowment pursuant to paragraph (3)(A)(iv) of this
    subsection for a not-for-profit institution of higher
    education in Kabul, Afghanistan that is accessible to
    both women and men in a coeducational environment:
    Provided, That such endowment shall be established in
    partnership with a United States-based American higher
    education institution that will serve on its board of
    trustees:  Provided further,
    That <>  prior to the obligation of
    funds for such an endowment, the Administrator of the
    United States Agency for International Development shall
    submit a report to the Committees on Appropriations
    describing the governance structure, including a
    proposed board of trustees, and financial safeguards,
    including regular audit and reporting requirements, in
    any endowment agreement:  Provided further, That the
    USAID Administrator shall provide a report on the
    expenditure of funds generated from such an endowment to
    the Committees on Appropriations on an annual basis.
    (3) Authorities.--
    (A) Funds appropriated by this Act under titles III
    through VI that are made available for assistance for
    Afghanistan may be made available--
    (i) notwithstanding section 7012 of this Act
    or any similar provision of law and section 660 of
    the Foreign Assistance Act of 1961;
    (ii) for reconciliation programs and
    disarmament, demobilization, and reintegration
    activities for former

    [[Page 1780]]

    combatants who have renounced violence against the
    Government of Afghanistan, including in accordance
    with section 7046(a)(2)(B)(ii) of the Department
    of State, Foreign Operations, and Related Programs
    Appropriations Act, 2012 (division I of Public Law
    112-74);
    (iii) for an endowment to empower women and
    girls; and
    (iv) for an endowment for higher education.
    (B) <>  Section 7046(a)(2)(A)
    of the Department of State, Foreign Operations, and
    Related Programs Appropriations Act, 2012 (division I of
    Public Law 112-74) shall apply to funds appropriated by
    this Act for assistance for Afghanistan.
    (C) <>  Of the funds
    appropriated by this Act under the heading ``Diplomatic
    Programs'', up to $3,000,000 may be transferred to any
    other appropriation of any department or agency of the
    United States Government, upon the concurrence of the
    head of such department or agency, to support operations
    in, and assistance for, Afghanistan and to carry out the
    provisions of the Foreign Assistance Act of
    1961: <>   Provided, That any such
    transfer shall be subject to the regular notification
    procedures of the Committees on Appropriations.
    (4) <>  Agreement, report, and
    certification.--Funds appropriated by this Act shall be made
    available for the following purposes--
    (A) <>  the submission to
    the appropriate congressional committees by the
    President of a copy of any agreement or arrangement
    between the Government of the United States and the
    Taliban relating to the United States presence in
    Afghanistan or Taliban commitments on the future of
    Afghanistan, which shall be submitted not later than 30
    days after finalizing or amending such an agreement or
    arrangement:  Provided, That not later than 30 days
    after enactment of this Act and every 60 days thereafter
    until September 30, 2021, the Secretary of State shall
    submit to such committees a report detailing and
    assessing the activities of the Taliban to abide by
    their commitments in such agreement or arrangement; and
    (B) the submission to the appropriate congressional
    committees of a joint certification by the Secretary of
    State and Secretary of Defense that such agreement or
    arrangement, or any amendment to such agreement or
    arrangement, will further the objective of setting
    conditions for the long-term defeat of al Qaeda and
    Islamic State and will not make the United States more
    vulnerable to terrorist attacks originating from
    Afghanistan or supported by terrorist elements in
    Afghanistan:  Provided, That the initial joint
    certification to such committees shall be submitted upon
    enactment of this Act, and additional joint
    certifications, as appropriate, shall be submitted to
    such committees not later than 30 days after any
    amendment to such agreement or arrangement.
    (5) <>  Updated strategy.--
    Not less than 90 days after enactment of this Act, the Secretary
    of State, in consultation with the heads of other relevant
    Federal agencies, shall submit

    [[Page 1781]]

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

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

    (c) Nepal.--
    (1) Assistance.--Of the funds appropriated under titles III
    and IV of this Act, not less than $130,265,000 shall be made
    available for assistance for Nepal, including for development
    and democracy programs.
    (2) Foreign military financing program.--Funds appropriated
    by this Act under the heading ``Foreign Military Financing
    Program'' shall only be made available for humanitarian and
    disaster relief and reconstruction activities in Nepal, and in
    support of international peacekeeping operations:  Provided,
    That <>  such funds
    may only be made available for any additional uses if the
    Secretary of State certifies and reports to the Committees on
    Appropriations that the Government of Nepal is investigating and
    prosecuting violations of human rights and the laws of war, and
    the Nepal Army is cooperating fully with civilian judicial
    authorities in such cases.

    (d) Pakistan.--
    (1) <>  Terms and conditions.--The terms
    and conditions of section 7044(c) of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act,
    2019 (division F of Public Law 116-6) shall continue in effect
    during fiscal year 2021.

    [[Page 1782]]

    (2) Assistance.--Of the funds appropriated under title III
    of this Act that are made available for assistance for Pakistan,
    not less than $15,000,000 shall be made available for democracy
    programs and not less than $10,000,000 shall be made available
    for gender programs.
    (3) Clarification.--Notwithstanding paragraph (1), section
    7044(d)(4)(A) of the Department of State, Foreign Operations,
    and Related Programs Appropriations Act, 2015 (division J of
    Public Law 113-235) is amended by striking ``shall'' and
    inserting in lieu thereof ``may''.

    (e) Sri Lanka.--
    (1) Assistance.--Funds appropriated under title III of this
    Act shall be made available for assistance for Sri Lanka for
    democracy and economic development programs, particularly in
    areas recovering from ethnic and religious conflict:  Provided,
    That such funds shall be made available for programs to assist
    in the identification and resolution of cases of missing
    persons.
    (2) <>  Certification.--Funds appropriated
    by this Act for assistance for the central Government of Sri
    Lanka may be made available only if the Secretary of State
    certifies and reports to the Committees on Appropriations that
    such Government is taking effective and consistent steps to--
    (A) <>  respect and uphold the
    rights and freedoms of the people of Sri Lanka
    regardless of ethnicity and religious belief, including
    by investigating violations of human rights and holding
    perpetrators of such violations accountable;
    (B) increase transparency and accountability in
    governance;
    (C) assert its sovereignty against influence by the
    People's Republic of China; and
    (D) promote reconciliation between ethnic and
    religious groups, particularly arising from past
    conflict in Sri Lanka, including by--
    (i) addressing land confiscation and ownership
    issues;
    (ii) resolving cases of missing persons,
    including by maintaining a functioning office of
    missing persons;
    (iii) reducing the presence of the armed
    forces in former conflict zones and restructuring
    the armed forces for a peacetime role that
    contributes to post-conflict reconciliation and
    regional security;
    (iv) repealing or amending laws on arrest and
    detention by security forces to comply with
    international standards; and
    (v) investigating allegations of arbitrary
    arrest and torture, and supporting a credible
    justice mechanism:
    Provided, That the limitations of this paragraph shall
    not apply to funds made available for humanitarian
    assistance and disaster relief; to protect human rights,
    locate and identify missing persons, and assist victims
    of torture and trauma; to promote justice,
    accountability, and reconciliation; to enhance maritime
    security and domain awareness; to promote fiscal
    transparency and sovereignty; and for International
    Military Education and Training.
    (3) International security assistance.--Of the funds
    appropriated by this Act and prior Acts making appropriations
    for the Department of State, foreign operations, and related

    [[Page 1783]]

    programs under the heading ``Foreign Military Financing
    Program'', up to $15,000,000 may be made available for
    assistance for Sri Lanka for the refurbishing of a high
    endurance cutter:  Provided, That in addition to such funds, up
    to $500,000 may be made available only for programs to support
    humanitarian assistance, disaster relief, instruction in human
    rights and related curricula development, and maritime security
    and domain awareness, including professionalization and training
    for the navy and coast guard:  Provided further, That amounts
    repurposed pursuant to this paragraph that were previously
    designated by the Congress, respectively, as an emergency
    requirement or for Overseas Contingency Operations/Global War on
    Terrorism pursuant to the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as being for
    an emergency requirement pursuant to section 251(b)(2)(A)(i) of
    such Act or for Overseas Contingency Operations/Global War on
    Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.

    (f) Regional Programs.--Funds appropriated by this Act shall be made
    available for assistance for Afghanistan, Pakistan, and other countries
    in South and Central Asia to significantly increase the recruitment,
    training, and retention of women in the judiciary, police, and other
    security forces, and to train judicial and security personnel in such
    countries to prevent and address gender-based violence, human
    trafficking, and other practices that disproportionately harm women and
    girls.

    latin america and the caribbean

    Sec. 7045. (a) Central America.--
    (1) Assistance.--Of the funds appropriated by this Act under
    titles III and IV, $505,925,000 should be made available for
    assistance for Belize, Costa Rica, El Salvador, Guatemala,
    Honduras, Nicaragua, and Panama, including through the Central
    America Regional Security
    Initiative: <>   Provided, That such
    assistance shall be prioritized for programs and activities that
    address the key factors that contribute to the migration of
    unaccompanied, undocumented minors to the United States and such
    funds shall be made available for global health, humanitarian,
    development, democracy, border security, and law enforcement
    programs for such countries, including for programs to reduce
    violence against women and girls and to combat corruption, and
    for support of commissions against corruption and impunity, as
    appropriate:  Provided further, That not less than $45,000,000
    shall be made available for support of offices of Attorneys
    General and of other entities and activities to combat
    corruption and impunity in such countries.
    (2) Northern triangle.--
    (A) Limitation on assistance to certain central
    governments.--Of the
    funds <> made available
    pursuant to paragraph (1) under the heading ``Economic
    Support Fund'' and under title IV of this Act that are
    made available for assistance for each of the central
    governments of El Salvador, Guatemala, and Honduras, 50
    percent may only be obligated after the Secretary of
    State certifies and reports to the Committees on
    Appropriations that such government is--

    [[Page 1784]]

    (i) combating corruption and impunity,
    including prosecuting corrupt government
    officials;
    (ii) implementing reforms, policies, and
    programs to increase transparency and strengthen
    public institutions;
    (iii) protecting the rights of civil society,
    opposition political parties, and the independence
    of the media;
    (iv) providing effective and accountable law
    enforcement and security for its citizens, and
    upholding due process of law;
    (v) implementing policies to reduce poverty
    and promote equitable economic growth and
    opportunity;
    (vi) upholding the independence of the
    judiciary and of electoral institutions;
    (vii) improving border security;
    (viii) combating human smuggling and
    trafficking and countering the activities of
    criminal gangs, drug traffickers, and
    transnational criminal organizations;
    (ix) informing its citizens of the dangers of
    the journey to the southwest border of the United
    States; and
    (x) resolving disputes involving the
    confiscation of real property of United States
    entities.
    (B) Reprogramming.--If the Secretary is unable to
    make the certification required by subparagraph (A) for
    one or more of the governments, such assistance for such
    central government shall be reprogrammed for assistance
    for other countries in Latin America and the Caribbean,
    notwithstanding the minimum funding requirements of this
    subsection and of section 7019 of this
    Act: <>   Provided, That any such
    reprogramming shall be subject to the regular
    notification procedures of the Committees on
    Appropriations.
    (C) Exceptions.--The limitation of subparagraph (A)
    shall not apply to funds appropriated by this Act that
    are made available for--
    (i) offices of Attorneys General and other
    judicial entities and activities related to
    combating corruption and impunity;
    (ii) programs to combat gender-based violence;
    (iii) humanitarian assistance; and
    (iv) food security programs.
    (D) Foreign military financing program.--None of the
    funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'' may be made
    available for assistance for El Salvador, Guatemala, or
    Honduras.

    (b) Colombia.--
    (1) Assistance.--Of the funds appropriated by this Act under
    titles III and IV, not less than $461,375,000 shall be made
    available for assistance for Colombia:  Provided, That such
    funds shall be made available for the programs and activities
    described under this section in House Report 116-444.
    (2) <>  Withholding of
    funds.--
    (A) Counternarcotics.--Of the funds appropriated by
    this Act under the heading ``International Narcotics
    Control and Law Enforcement'' and made available for
    assistance for Colombia, 20 percent may be obligated
    only after the

    [[Page 1785]]

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

    [[Page 1786]]

    made available for assistance for Colombia may be made available
    for payment of reparations to conflict victims or compensation
    to demobilized combatants associated with a peace agreement
    between the Government of Colombia and illegal armed groups.

    (c) Haiti.--
    (1) <>  Certification.--The
    certification requirement contained in section 7045(c)(1) of the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2020 (division G of Public Law 116-94) shall
    continue in effect during fiscal year 2021 and shall also apply
    to funds appropriated by this Act under the heading
    ``Development Assistance'' that are made available for
    assistance for Haiti.
    (2) Haitian coast guard.--The Government of Haiti shall be
    eligible to purchase defense articles and services under the
    Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
    Guard.
    (3) Limitation.--None of the funds made available by this
    Act may be used to provide assistance to the armed forces of
    Haiti.

    (d) The Caribbean.--Of the funds appropriated by this Act under
    titles III and IV, not less than $74,800,000 shall be made available for
    the Caribbean Basin Security Initiative.
    (e) Venezuela.--
    (1) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'', not less than $33,000,000 shall be
    made available for democracy programs for Venezuela.
    (2) Funds appropriated under title III of this Act and prior
    Acts making appropriations for the Department of State, foreign
    operations, and related programs shall be made available for
    assistance for communities in countries supporting or otherwise
    impacted by refugees from Venezuela, including Colombia, Peru,
    Ecuador, Curacao, and Trinidad and Tobago:  Provided,
    That <>  such amounts are in
    addition to funds otherwise made available for assistance for
    such countries, subject to prior consultation with, and the
    regular notification procedures of, the Committees on
    Appropriations.

    europe and eurasia

    Sec. 7046. (a) Assistance.--
    (1) Georgia.--Of the funds appropriated by this Act under
    titles III and IV, not less than $132,025,000 shall be made
    available for assistance for Georgia: <>
    Provided, That not later than 90 days after enactment of this
    Act, the Secretary of State shall submit to the Committees on
    Appropriations a report on the rule of law and accountable
    institutions in Georgia as described under this heading in the
    explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act).
    (2) Ukraine.--Of the funds appropriated by this Act under
    titles III and IV, not less than $453,000,000 shall be made
    available for assistance for Ukraine.

    (b) Territorial Integrity.--None of the funds appropriated by this
    Act may be made available for assistance for a government of an
    Independent State of the former Soviet Union if such government directs
    any action in violation of the territorial integrity

    [[Page 1787]]

    or national sovereignty of any other Independent State of the former
    Soviet Union, such as those violations included in the Helsinki Final
    Act: <>   Provided, That except as
    otherwise provided in section 7047(a) of this Act, funds may be made
    available without regard to the restriction in this subsection if the
    President determines that to do so is in the national security interest
    of the United States:  Provided further, That <>
    prior to executing the authority contained in the previous proviso, the
    Secretary of State shall consult with the Committees on Appropriations
    on how such assistance supports the national security interest of the
    United States.

    (c) Section 907 of the Freedom Support Act.--Section 907 of the
    FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
    (1) activities to support democracy or assistance under
    title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
    section 1424 of the Defense Against Weapons of Mass Destruction
    Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
    (2) any assistance provided by the Trade and Development
    Agency under section 661 of the Foreign Assistance Act of 1961;
    (3) any activity carried out by a member of the United
    States and Foreign Commercial Service while acting within his or
    her official capacity;
    (4) any insurance, reinsurance, guarantee, or other
    assistance provided by the United States International
    Development Finance Corporation as authorized by the BUILD Act
    of 2018 (division F of Public Law 115-254);
    (5) any financing provided under the Export-Import Bank Act
    of 1945 (Public Law 79-173); or
    (6) humanitarian assistance.

    (d) <>  Turkey.--None of the funds
    made available by this Act may be used to facilitate or support the sale
    of defense articles or defense services to the Turkish Presidential
    Protection Directorate (TPPD) under Chapter 2 of the Arms Export Control
    Act (22 U.S.C. 2761 et seq.) unless the Secretary of State determines
    and reports to the appropriate congressional committees that members of
    the TPPD who are named in the July 17, 2017, indictment by the Superior
    Court of the District of Columbia, and against whom there are pending
    charges, have returned to the United States to stand trial in connection
    with the offenses contained in such indictment or have otherwise been
    brought to justice:  Provided, That the limitation in this paragraph
    shall not apply to the use of funds made available by this Act for
    border security purposes, for North Atlantic Treaty Organization or
    coalition operations, or to enhance the protection of United States
    officials and facilities in Turkey.

    countering russian influence and aggression

    Sec. 7047. (a) Limitation.--None of the funds appropriated by this
    Act may be made available for assistance for the central Government of
    the Russian Federation.
    (b) Annexation of Crimea.--
    (1) <>  Prohibition.--None
    of the funds appropriated by this Act may be made available for
    assistance for the central government of a country that the
    Secretary of State determines and

    [[Page 1788]]

    reports to the Committees on Appropriations has taken
    affirmative steps intended to support or be supportive of the
    Russian Federation annexation of Crimea or other territory in
    Ukraine:  Provided, That <>  except as
    otherwise provided in subsection (a), the Secretary may waive
    the restriction on assistance required by this paragraph if the
    Secretary determines and reports to such Committees that to do
    so is in the national interest of the United States, and
    includes a justification for such interest.
    (2) Limitation.--None of the funds appropriated by this Act
    may be made available for--
    (A) the implementation of any action or policy that
    recognizes the sovereignty of the Russian Federation
    over Crimea or other territory in Ukraine;
    (B) the facilitation, financing, or guarantee of
    United States Government investments in Crimea or other
    territory in Ukraine under the control of Russian-backed
    separatists, if such activity includes the participation
    of Russian Government officials, or other Russian owned
    or controlled financial entities; or
    (C) assistance for Crimea or other territory in
    Ukraine under the control of Russian-backed separatists,
    if such assistance includes the participation of Russian
    Government officials, or other Russian owned or
    controlled financial entities.
    (3) International financial institutions.--The Secretary of
    the Treasury shall instruct the United States executive
    directors of each international financial institution to use the
    voice and vote of the United States to oppose any assistance by
    such institution (including any loan, credit, or guarantee) for
    any program that violates the sovereignty or territorial
    integrity of Ukraine.
    (4) <>  Duration.--The
    requirements and limitations of this subsection shall cease to
    be in effect if the Secretary of State determines and reports to
    the Committees on Appropriations that the Government of Ukraine
    has reestablished sovereignty over Crimea and other territory in
    Ukraine under the control of Russian-backed separatists.

    (c) Occupation of the Georgian Territories of Abkhazia and
    Tskhinvali Region/South Ossetia.--
    (1) <>  Prohibition.--None
    of the funds appropriated by this Act may be made available for
    assistance for the central government of a country that the
    Secretary of State determines and reports to the Committees on
    Appropriations has recognized the independence of, or has
    established diplomatic relations with, the Russian Federation
    occupied Georgian territories of Abkhazia and Tskhinvali Region/
    South Ossetia: <>   Provided, That the
    Secretary shall publish on the Department of State website a
    list of any such central governments in a timely manner:
    Provided further, That <>  the
    Secretary may waive the restriction on assistance required by
    this paragraph if the Secretary determines and reports to the
    Committees on Appropriations that to do so is in the national
    interest of the United States, and includes a justification for
    such interest.
    (2) Limitation.--None of the funds appropriated by this Act
    may be made available to support the Russian Federation

    [[Page 1789]]

    occupation of the Georgian territories of Abkhazia and
    Tskhinvali Region/South Ossetia.
    (3) International financial institutions.--The Secretary of
    the Treasury shall instruct the United States executive
    directors of each international financial institution to use the
    voice and vote of the United States to oppose any assistance by
    such institution (including any loan, credit, or guarantee) for
    any program that violates the sovereignty and territorial
    integrity of Georgia.

    (d) Countering Russian Influence Fund.--
    (1) Assistance.--Of the funds appropriated by this Act under
    the headings ``Assistance for Europe, Eurasia and Central
    Asia'', ``International Narcotics Control and Law Enforcement'',
    ``International Military Education and Training'', and ``Foreign
    Military Financing Program'', not less than $290,000,000 shall
    be made available to carry out the purposes of the Countering
    Russian Influence Fund, as authorized by section 254 of the
    Countering Russian Influence in Europe and Eurasia Act of 2017
    (Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
    country limitation in subsection (b) of such section, and
    programs to enhance the capacity of law enforcement and security
    forces in countries in Europe, Eurasia, and Central Asia and
    strengthen security cooperation between such countries and the
    United States and the North Atlantic Treaty Organization, as
    appropriate.
    (2) Economics and trade.--Funds appropriated by this Act and
    made available for assistance for the Eastern Partnership
    countries shall be made available to advance the implementation
    of Association Agreements and trade agreements with the European
    Union, and to reduce their vulnerability to external economic
    and political pressure from the Russian Federation.

    (e) Democracy Programs.--Funds appropriated by this Act shall be
    made available to support democracy programs in the Russian Federation
    and other countries in Europe, Eurasia, and Central Asia, including to
    promote Internet freedom:  Provided, That of the funds appropriated
    under the heading ``Assistance for Europe, Eurasia and Central Asia'',
    not less than $20,000,000 shall be made available to strengthen
    democracy and civil society in Central Europe, including for
    transparency, independent media, rule of law, minority rights, and
    programs to combat anti-Semitism.

    united nations

    Sec. 7048. (a) <>  Transparency and
    Accountability.--Not later than 180 days after enactment of this Act,
    the Secretary of State shall report to the Committees on Appropriations
    whether each organization, department, or agency receiving a
    contribution from funds appropriated by this Act under the headings
    ``Contributions to International Organizations'' and ``International
    Organizations and Programs'' is--
    (1) <>
    posting on a publicly available website, consistent with privacy
    regulations and due process, regular financial and programmatic
    audits of such organization, department, or agency, and
    providing the United States Government with necessary access to
    such financial and performance audits;

    [[Page 1790]]

    (2) effectively implementing and enforcing policies and
    procedures which meet or exceed best practices in the United
    States for the protection of whistleblowers from retaliation,
    including--
    (A) protection against retaliation for internal and
    lawful public disclosures;
    (B) legal burdens of proof;
    (C) statutes of limitation for reporting
    retaliation;
    (D) access to binding independent adjudicative
    bodies, including shared cost and selection of external
    arbitration; and
    (E) results that eliminate the effects of proven
    retaliation, including provision for the restoration of
    prior employment; and
    (3) effectively implementing and enforcing policies and
    procedures on the appropriate use of travel funds, including
    restrictions on first-class and business-class travel.

    (b) <>  Restrictions on United
    Nations Delegations and Organizations.--
    (1) Restrictions on united states delegations.--None of the
    funds made available by this Act may be used to pay expenses for
    any United States delegation to any specialized agency, body, or
    commission of the United Nations if such agency, body, or
    commission is chaired or presided over by a country, the
    government of which the Secretary of State has determined, for
    purposes of section 1754(c) of the Export Reform Control Act of
    2018 (50 U.S.C. 4813(c)), supports international terrorism.
    (2) Restrictions on contributions.--None of the funds made
    available by this Act may be used by the Secretary of State as a
    contribution to any organization, agency, commission, or program
    within the United Nations system if such organization, agency,
    commission, or program is chaired or presided over by a country
    the government of which the Secretary of State has determined,
    for purposes of section 620A of the Foreign Assistance Act of
    1961, section 40 of the Arms Export Control Act, section 1754(c)
    of the Export Reform Control Act of 2018 (50 U.S.C. 4813(c)), or
    any other provision of law, is a government that has repeatedly
    provided support for acts of international terrorism.
    (3) <>  Waiver.--The Secretary of State may
    waive the restriction in this subsection if the Secretary
    determines and reports to the Committees on Appropriations that
    to do so is important to the national interest of the United
    States, including a description of the national interest served.

    (c) <>  United Nations Human
    Rights Council.--None of the funds appropriated by this Act may be made
    available in support of the United Nations Human Rights Council unless
    the Secretary of State determines and reports to the Committees on
    Appropriations that participation in the Council is important to the
    national interest of the United States and that such Council is taking
    significant steps to remove Israel as a permanent agenda item and ensure
    integrity in the election of members to such Council:  Provided, That
    such report shall include a description of the national interest served
    and the steps taken to remove Israel as a permanent agenda item and
    ensure integrity in the election of members to such Council:  Provided
    further, That <>  the Secretary of State shall
    report

    [[Page 1791]]

    to the Committees on Appropriations not later than September 30, 2021,
    on the resolutions considered in the United Nations Human Rights Council
    during the previous 12 months, and on steps taken to remove Israel as a
    permanent agenda item and ensure integrity in the election of members to
    such Council.

    (d) <>  United Nations Relief and Works Agency.--
    Prior to the initial obligation of funds for the United Nations Relief
    and Works Agency (UNRWA), the Secretary of State shall report to the
    Committees on Appropriations, in writing, on whether UNRWA is--
    (1) utilizing Operations Support Officers in the West Bank,
    Gaza, and other fields of operation to inspect UNRWA
    installations and reporting any inappropriate use;
    (2) acting promptly to address any staff or beneficiary
    violation of its own policies (including the policies on
    neutrality and impartiality of employees) and the legal
    requirements under section 301(c) of the Foreign Assistance Act
    of 1961;
    (3) <>  implementing procedures to
    maintain the neutrality of its facilities, including
    implementing a no-weapons policy, and conducting regular
    inspections of its installations, to ensure they are only used
    for humanitarian or other appropriate purposes;
    (4) <>  taking necessary and appropriate
    measures to ensure it is operating in compliance with the
    conditions of section 301(c) of the Foreign Assistance Act of
    1961 and continuing regular reporting to the Department of State
    on actions it has taken to ensure conformance with such
    conditions;
    (5) taking steps to ensure the content of all educational
    materials currently taught in UNRWA-administered schools and
    summer camps is consistent with the values of human rights,
    dignity, and tolerance and does not induce incitement;
    (6) not engaging in operations with financial institutions
    or related entities in violation of relevant United States law,
    and is taking steps to improve the financial transparency of the
    organization; and
    (7) <>  in compliance with the United
    Nations Board of Auditors' biennial audit requirements and is
    implementing in a timely fashion the Board's recommendations.

    (e) Prohibition of Payments to United Nations Members.--None of the
    funds appropriated or made available pursuant to titles III through VI
    of this Act for carrying out the Foreign Assistance Act of 1961, may be
    used to pay in whole or in part any assessments, arrearages, or dues of
    any member of the United Nations or, from funds appropriated by this Act
    to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
    the costs for participation of another country's delegation at
    international conferences held under the auspices of multilateral or
    international organizations.
    (f) Report.--Not later than 45 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations detailing the amount of funds available for obligation or
    expenditure in fiscal year 2021 for contributions to any organization,
    department, agency, or program within the United Nations system or any
    international program that are withheld from obligation or expenditure
    due to any provision of law:  Provided, That the <>
    Secretary shall update such report each time additional funds are
    withheld by operation of any provision of law:  Provided

    [[Page 1792]]

    further, That <>  the reprogramming
    of any withheld funds identified in such report, including updates
    thereof, shall be subject to prior consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

    (g) <>  Sexual Exploitation and Abuse in
    Peacekeeping Operations.--The Secretary of State should withhold
    assistance to any unit of the security forces of a foreign country if
    the Secretary has credible information that such unit has engaged in
    sexual exploitation or abuse, including while serving in a United
    Nations peacekeeping operation, until the Secretary determines that the
    government of such country is taking effective steps to hold the
    responsible members of such unit accountable and to prevent future
    incidents:  Provided, That <>  the
    Secretary shall promptly notify the government of each country subject
    to any withholding of assistance pursuant to this paragraph, and shall
    notify the appropriate congressional committees of such withholding not
    later than 10 days after a determination to withhold such assistance is
    made:  Provided further, That the Secretary shall, to the maximum extent
    practicable, assist such government in bringing the responsible members
    of such unit to justice.

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

    war crimes tribunals

    Sec. 7049. (a) <>  If the President
    determines that doing so will contribute to a just resolution of charges
    regarding genocide or other violations of international humanitarian
    law, the President may direct a drawdown pursuant to section 552(c) of
    the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
    and services for the United Nations War Crimes Tribunal established with
    regard to the former Yugoslavia by the United Nations Security Council
    or such other tribunals or commissions as the Council may establish or
    authorize to deal with such violations, without regard to the ceiling
    limitation contained in paragraph (2) thereof:  Provided, That the
    determination required under this section shall be in lieu of any
    determinations otherwise required under section 552(c):  Provided
    further, That <>  funds made available pursuant to
    this section shall be made available subject to the regular notification
    procedures of the Committees on Appropriations.

    (b) None of the funds appropriated by this Act may be made available
    for a United States contribution to the International Criminal Court:
    Provided, That funds may be made available for technical assistance,
    training, assistance for victims, protection of witnesses, and law
    enforcement support related to international investigations,
    apprehensions, prosecutions, and adjudications of genocide, crimes
    against humanity, and war crimes:  Provided further, That the previous
    proviso shall not apply to investigations, apprehensions, or
    prosecutions of American service members and

    [[Page 1793]]

    other United States citizens or nationals, or nationals of the North
    Atlantic Treaty Organization (NATO) or major non-NATO allies initially
    designated pursuant to section 517(b) of the Foreign Assistance Act of
    1961.

    global internet freedom

    Sec. 7050. (a) Funding.--Of the funds available for obligation
    during fiscal year 2021 under the headings ``International Broadcasting
    Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'', not less than
    $70,000,000 shall be made available for programs to promote Internet
    freedom globally: <>   Provided, That such programs
    shall be prioritized for countries whose governments restrict freedom of
    expression on the Internet, and that are important to the national
    interest of the United States:  Provided further, That funds made
    available pursuant to this section shall be matched, to the maximum
    extent practicable, by sources other than the United States Government,
    including from the private sector.

    (b) Requirements.--
    (1) Department of state and united states agency for
    international development.--Funds appropriated by this Act under
    the headings ``Economic Support Fund'', ``Democracy Fund'', and
    ``Assistance for Europe, Eurasia and Central Asia'' that are
    made available pursuant to subsection (a) shall be--
    (A) coordinated with other democracy programs funded
    by this Act under such headings, and shall be
    incorporated into country assistance and democracy
    promotion strategies, as appropriate;
    (B) for programs to implement the May 2011,
    International Strategy for Cyberspace, the Department of
    State International Cyberspace Policy Strategy required
    by section 402 of the Cybersecurity Act of 2015
    (division N of Public Law 114-113), and the
    comprehensive strategy to promote Internet freedom and
    access to information in Iran, as required by section
    414 of the Iran Threat Reduction and Syria Human Rights
    Act of 2012 (22 U.S.C. 8754);
    (C) made available for programs that support the
    efforts of civil society to counter the development of
    repressive Internet-related laws and regulations,
    including countering threats to Internet freedom at
    international organizations; to combat violence against
    bloggers and other users; and to enhance digital
    security training and capacity building for democracy
    activists;
    (D) made available for research of key threats to
    Internet freedom; the continued development of
    technologies that provide or enhance access to the
    Internet, including circumvention tools that bypass
    Internet blocking, filtering, and other censorship
    techniques used by authoritarian governments; and
    maintenance of the technological advantage of the United
    States Government over such censorship techniques:
    Provided,
    That <>
    the Secretary of State, in consultation with the United
    States Agency for Global Media Chief Executive Officer
    (USAGM CEO) and the President of the Open Technology
    Fund (OTF), shall coordinate any

    [[Page 1794]]

    such research and development programs with other
    relevant United States Government departments and
    agencies in order to share information, technologies,
    and best practices, and to assess the effectiveness of
    such technologies; and
    (E) made available only after the Assistant
    Secretary for Democracy, Human Rights, and Labor,
    Department of State, concurs that such funds are
    allocated consistent with--
    (i) the strategies referenced in subparagraph
    (B) of this paragraph;
    (ii) best practices regarding security for,
    and oversight of, Internet freedom programs; and
    (iii) sufficient resources and support for the
    development and maintenance of anti-censorship
    technology and tools.
    (2) <>  United states
    agency for global media.--Funds appropriated by this Act under
    the heading ``International Broadcasting Operations'' that are
    made available pursuant to subsection (a) shall be--
    (A) made available only for open-source tools and
    techniques to securely develop and distribute USAGM
    digital content, facilitate audience access to such
    content on websites that are censored, coordinate the
    distribution of USAGM digital content to targeted
    regional audiences, and to promote and distribute such
    tools and techniques, including digital security
    techniques;
    (B) coordinated by the USAGM CEO, in consultation
    with the OTF President, with programs funded by this Act
    under the heading ``International Broadcasting
    Operations'', and shall be incorporated into country
    broadcasting strategies, as appropriate;
    (C) coordinated by the USAGM CEO, in consultation
    with the OTF President, to solicit project proposals
    through an open, transparent, and competitive
    application process, seek input from technical and
    subject matter experts to select proposals, and support
    Internet circumvention tools and techniques for
    audiences in countries that are strategic priorities for
    the OTF and in a manner consistent with the United
    States Government Internet freedom strategy; and
    (D) <>  made available for the
    research and development of new tools or techniques
    authorized in subparagraph (A) only after the USAGM CEO,
    in consultation with the Secretary of State, the OTF
    President, and other relevant United States Government
    departments and agencies, evaluates the risks and
    benefits of such new tools or techniques, and
    establishes safeguards to minimize the use of such new
    tools or techniques for illicit purposes.

    (c) <>  Coordination and Spend
    Plans.--After consultation among the relevant agency heads to coordinate
    and de-conflict planned activities, but not later than 90 days after
    enactment of this Act, the Secretary of State and the USAGM CEO, in
    consultation with the OTF President, shall submit to the Committees on
    Appropriations spend plans for funds made available by this Act for
    programs to promote Internet freedom globally, which shall include a
    description of safeguards established by relevant agencies

    [[Page 1795]]

    to ensure that such programs are not used for illicit purposes:
    Provided, That the Department of State spend plan shall include funding
    for all such programs for all relevant Department of State and the
    United States Agency for International Development offices and bureaus.

    (d) Security Audits.--Funds made available pursuant to this section
    to promote Internet freedom globally may only be made available to
    support open-source technologies that undergo comprehensive security
    audits consistent with the requirements of the Bureau of Democracy,
    Human Rights, and Labor, Department of State to ensure that such
    technology is secure and has not been compromised in a manner
    detrimental to the interest of the United States or to individuals and
    organizations benefiting from programs supported by such
    funds: <>   Provided, That the security auditing
    procedures used by such Bureau shall be reviewed and updated
    periodically to reflect current industry security standards.

    (e) <>  Surge.--Of the funds
    appropriated by this Act under the heading ``Economic Support Fund'', up
    to $2,500,000 may be made available to surge Internet freedom programs
    in closed societies if the Secretary of State determines and reports to
    the appropriate congressional committees that such use of funds is in
    the national interest:  Provided, That <>  such funds are in addition to
    amounts made available for such purposes:  Provided further, That such
    funds may be transferred to, and merged with, funds appropriated by this
    Act under the heading ``International Broadcasting Operations''
    following consultation with, and the regular notification procedures of,
    the Committees on Appropriations.

    torture and other cruel, inhuman, or degrading treatment or punishment

    Sec. 7051. (a) Limitation.--None of the funds made available by this
    Act may be used to support or justify the use of torture and other
    cruel, inhuman, or degrading treatment or punishment by any official or
    contract employee of the United States Government.
    (b) <>  Assistance.--Funds appropriated under
    titles III and IV of this Act shall be made available, notwithstanding
    section 660 of the Foreign Assistance Act of 1961 and following
    consultation with the Committees on Appropriations, for assistance to
    eliminate torture and other cruel, inhuman, or degrading treatment or
    punishment by foreign police, military or other security forces in
    countries receiving assistance from funds appropriated by this Act.

    aircraft transfer, coordination, and use

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
    provision of law or regulation, aircraft procured with funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    headings ``Diplomatic Programs'', ``International Narcotics Control and
    Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
    Counterdrug Programs'' may be used for any other program and in any
    region.
    (b) <>  Property
    Disposal.--The authority provided in subsection (a) shall apply only
    after the Secretary of State determines and reports to the Committees on
    Appropriations that the equipment

    [[Page 1796]]

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

    (c) Aircraft Coordination.--
    (1) Authority.--The uses of aircraft purchased or leased by
    the Department of State and the United States Agency for
    International Development with funds made available in this Act
    or prior Acts making appropriations for the Department of State,
    foreign operations, and related programs shall be coordinated
    under the authority of the appropriate Chief of Mission:
    Provided, That notwithstanding section 7063(b) of this Act, such
    aircraft may be used to transport, on a reimbursable or non-
    reimbursable basis, Federal and non-Federal personnel supporting
    Department of State and USAID programs and activities:  Provided
    further, That official travel for other agencies for other
    purposes may be supported on a reimbursable basis, or without
    reimbursement when traveling on a space available basis:
    Provided further, That funds received by the Department of State
    in connection with the use of aircraft owned, leased, or
    chartered by the Department of State may be credited to the
    Working Capital Fund of the Department and shall be available
    for expenses related to the purchase, lease, maintenance,
    chartering, or operation of such aircraft.
    (2) <>  Scope.--The requirement and
    authorities of this subsection shall only apply to aircraft, the
    primary purpose of which is the transportation of personnel.

    (d) Aircraft Operations and Maintenance.--To the maximum extent
    practicable, the costs of operations and maintenance, including fuel, of
    aircraft funded by this Act shall be borne by the recipient country.

    parking fines and real property taxes owed by foreign governments

    Sec. 7053.  The <>  terms and conditions of
    section 7055 of the Department of State, Foreign Operations, and Related
    Programs Appropriations Act, 2010 (division F of Public Law 111-117)
    shall apply to this Act:  Provided, That the date ``September 30, 2009''
    in subsection (f)(2)(B) of such section shall be deemed to be
    ``September 30, 2020''.

    international monetary fund

    Sec. 7054. (a) <>  Extensions.--The terms and
    conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2010 (division F of Public Law 111-117) shall apply to this Act.

    (b) Repayment.--The Secretary of the Treasury shall instruct the
    United States Executive Director of the International Monetary Fund
    (IMF) to seek to ensure that any loan will be repaid to the IMF before
    other private or multilateral creditors.

    extradition

    Sec. 7055. (a) <>  Limitation.--None of the
    funds appropriated in this Act may be used to provide assistance (other
    than funds

    [[Page 1797]]

    provided under the headings ``Development Assistance'', ``International
    Disaster Assistance'', ``Complex Crises Fund'', ``International
    Narcotics Control and Law Enforcement'', ``Migration and Refugee
    Assistance'', ``United States Emergency Refugee and Migration Assistance
    Fund'', and ``Nonproliferation, Anti-terrorism, Demining and Related
    Assistance'') for the central government of a country which has notified
    the Department of State of its refusal to extradite to the United States
    any individual indicted for a criminal offense for which the maximum
    penalty is life imprisonment without the possibility of parole or for
    killing a law enforcement officer, as specified in a United States
    extradition request.

    (b) <>  Clarification.--Subsection (a) shall
    only apply to the central government of a country with which the United
    States maintains diplomatic relations and with which the United States
    has an extradition treaty and the government of that country is in
    violation of the terms and conditions of the treaty.

    (c) <>  Waiver.--The Secretary of State may
    waive the restriction in subsection (a) on a case-by-case basis if the
    Secretary certifies to the Committees on Appropriations that such waiver
    is important to the national interest of the United States.

    impact on jobs in the united states

    Sec. 7056.  None of the funds appropriated or otherwise made
    available under titles III through VI of this Act may be obligated or
    expended to provide--
    (1) any financial incentive to a business enterprise
    currently located in the United States for the purpose of
    inducing such an enterprise to relocate outside the United
    States if such incentive or inducement is likely to reduce the
    number of employees of such business enterprise in the United
    States because United States production is being replaced by
    such enterprise outside the United States;
    (2) assistance for any program, project, or activity that
    contributes to the violation of internationally recognized
    workers' rights, as defined in section 507(4) of the Trade Act
    of 1974, of workers in the recipient country, including any
    designated zone or area in that country:  Provided, That the
    application of section 507(4)(D) and (E) of such Act (19 U.S.C.
    2467(4)(D) and (E)) should be commensurate with the level of
    development of the recipient country and sector, and shall not
    preclude assistance for the informal sector in such country,
    micro and small-scale enterprise, and smallholder agriculture;
    (3) any assistance to an entity outside the United States if
    such assistance is for the purpose of directly relocating or
    transferring jobs from the United States to other countries and
    adversely impacts the labor force in the United States; or
    (4) for the enforcement of any rule, regulation, policy, or
    guidelines implemented pursuant to the Supplemental Guidelines
    for High Carbon Intensity Projects approved by the Export-Import
    Bank of the United States on December 12, 2013, when enforcement
    of such rule, regulation, policy, or guidelines would prohibit,
    or have the effect of prohibiting, any coal-fired or other
    power-generation project the purpose of which is to--

    [[Page 1798]]

    (A) provide affordable electricity in International
    Development Association (IDA)-eligible countries and
    IDA-blend countries; and
    (B) increase exports of goods and services from the
    United States or prevent the loss of jobs from the
    United States.

    united nations population fund

    Sec. 7057. (a) Contribution.--Of the funds made available under the
    heading ``International Organizations and Programs'' in this Act for
    fiscal year 2021, $32,500,000 shall be made available for the United
    Nations Population Fund (UNFPA).
    (b) <>  Availability of
    Funds.--Funds appropriated by this Act for UNFPA, that are not made
    available for UNFPA because of the operation of any provision of law,
    shall be transferred to the ``Global Health Programs'' account and shall
    be made available for family planning, maternal, and reproductive health
    activities, subject to the regular notification procedures of the
    Committees on Appropriations.

    (c) Prohibition on Use of Funds in China.--None of the funds made
    available by this Act may be used by UNFPA for a country program in the
    People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by
    this Act for UNFPA may not be made available unless--
    (1) UNFPA maintains funds made available by this Act in an
    account separate from other accounts of UNFPA and does not
    commingle such funds with other sums; and
    (2) <>  UNFPA does not fund abortions.

    (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
    (1) Not later than 4 months after the date of enactment of
    this Act, the Secretary of State shall submit a report to the
    Committees on Appropriations indicating the amount of funds that
    UNFPA is budgeting for the year in which the report is submitted
    for a country program in the People's Republic of China.
    (2) If a report under paragraph (1) indicates that UNFPA
    plans to spend funds for a country program in the People's
    Republic of China in the year covered by the report, then the
    amount of such funds UNFPA plans to spend in the People's
    Republic of China shall be deducted from the funds made
    available to UNFPA after March 1 for obligation for the
    remainder of the fiscal year in which the report is submitted.

    global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
    of this Act that are made available for bilateral assistance for child
    survival activities or disease programs including activities relating to
    research on, and the prevention, treatment and control of, HIV/AIDS may
    be made available notwithstanding any other provision of law except for
    provisions under the heading ``Global Health Programs'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended:  Provided,
    That of the funds appropriated under title III of this Act, not less
    than $575,000,000 should be made available for family planning/
    reproductive health,

    [[Page 1799]]

    including in areas where population growth threatens biodiversity or
    endangered species.
    (b) Infectious Disease Outbreaks.--
    (1) Global health security.--Funds appropriated by this Act
    under the heading ``Global Health Programs'' shall be made
    available for global health security programs, which shall
    prioritize and accelerate efforts to strengthen public health
    capacity in countries where there is a high risk of emerging
    zoonotic and other infectious diseases and to support the
    collection, analysis, and sharing of data on unknown viruses and
    other pathogens: <>   Provided,
    That not later than 60 days after enactment of this Act, the
    USAID Administrator shall consult with the Committees on
    Appropriations on the planned uses of such funds.
    (2) <>
    Extraordinary measures.--If the Secretary of State determines
    and reports to the Committees on Appropriations that an
    international infectious disease outbreak is sustained, severe,
    and is spreading internationally, or that it is in the national
    interest to respond to a Public Health Emergency of
    International Concern, not to exceed an aggregate total of
    $200,000,000 of the funds appropriated by this Act under the
    headings ``Global Health Programs'', ``Development Assistance'',
    ``International Disaster Assistance'', ``Complex Crises Fund'',
    ``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
    Europe, Eurasia and Central Asia'', ``Migration and Refugee
    Assistance'', and ``Millennium Challenge Corporation'' may be
    made available to combat such infectious disease or public
    health emergency, and may be transferred to, and merged with,
    funds appropriated under such headings for the purposes of this
    paragraph.
    (3) Emergency reserve fund.--Up to $50,000,000 of the funds
    made available under the heading ``Global Health Programs'' may
    be made available for the Emergency Reserve Fund established
    pursuant to section 7058(c)(1) of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act,
    2017 (division J of Public Law 115-31):  Provided, That such
    funds shall be made available under the same terms and
    conditions of such section.
    (4) Consultation and notification.--Funds made available by
    this subsection shall be subject to prior consultation with the
    appropriate congressional committees and the regular
    notification procedures of the Committees on Appropriations.

    (c) <>  Childhood Cancer.--Funds appropriated
    under titles III and VI of this Act may be made available for public-
    private partnerships, including in coordination with relevant
    multilateral organizations and research entities, to address childhood
    cancer:  Provided, That the <>  Secretary
    of State, in consultation with the USAID Administrator and the Office of
    Global Partnerships, Department of State, shall submit a report to the
    Committees on Appropriations on the feasibility of such partnerships
    prior to any obligation of funds and not later than 90 days after
    enactment of this Act.

    gender equality

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

    [[Page 1800]]

    States Government diplomatic and development efforts by raising
    the status, increasing the participation, and protecting the
    rights of women and girls worldwide.
    (2) Women's economic empowerment.--Funds appropriated by
    this Act are available to implement the Women's Entrepreneurship
    and Economic Empowerment Act of 2018 (Public Law 115-
    428): <>   Provided, That the Secretary of
    State and the Administrator of the United States Agency for
    International Development, as appropriate, shall consult with
    the Committees on Appropriations on the implementation of such
    Act.
    (3) Women's global development and prosperity fund.--Of the
    funds appropriated under title III of this Act, up to
    $200,000,000 may be made available for the Women's Global
    Development and Prosperity Fund.

    (b) Women's Leadership.--Of the funds appropriated by title III of
    this Act, not less than $50,000,000 shall be made available for programs
    specifically designed to increase leadership opportunities for women in
    countries where women and girls suffer discrimination due to law,
    policy, or practice, by strengthening protections for women's political
    status, expanding women's participation in political parties and
    elections, and increasing women's opportunities for leadership positions
    in the public and private sectors at the local, provincial, and national
    levels.
    (c) Gender-Based Violence.--
    (1) Of the funds appropriated under titles III and IV of
    this Act, not less than $165,000,000 shall be made available to
    implement a multi-year strategy to prevent and respond to
    gender-based violence in countries where it is common in
    conflict and non-conflict settings.
    (2) Funds appropriated under titles III and IV of this Act
    that are available to train foreign police, judicial, and
    military personnel, including for international peacekeeping
    operations, shall address, where appropriate, prevention and
    response to gender-based violence and trafficking in persons,
    and shall promote the integration of women into the police and
    other security forces.

    (d) Women, Peace, and Security.--Of the funds appropriated by this
    Act under the headings ``Development Assistance'', ``Economic Support
    Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
    ``International Narcotics Control and Law Enforcement'', not less than
    $130,000,000 should be made available to support a multi-year strategy
    to expand, and improve coordination of, United States Government efforts
    to empower women as equal partners in conflict prevention, peace
    building, transitional processes, and reconstruction efforts in
    countries affected by conflict or in political transition, and to ensure
    the equitable provision of relief and recovery assistance to women and
    girls.
    (e) Women and Girls at Risk From Extremism and Conflict.--Of the
    funds appropriated by this Act under the heading ``Economic Support
    Fund'', not less than $15,000,000 shall be made available to support
    women and girls who are at risk from extremism and conflict, and for the
    activities described in section 7059(e)(1) of the Department of State,
    Foreign Operations, and Related Programs Appropriations Act, 2018
    (division K of Public Law 115-
    141): <>   Provided, That such funds
    are in addition to amounts otherwise made available by this Act for such
    purposes, and shall

    [[Page 1801]]

    be made available following consultation with, and the regular
    notification procedures of, the Committees on Appropriations.

    sector allocations

    Sec. 7060. (a) Basic Education and Higher Education.--
    (1) Basic education.--
    (A) Of the funds appropriated under title III of
    this Act, not less than $950,000,000 shall be made
    available for assistance for basic education, and such
    funds may be made available notwithstanding any other
    provision of law that restricts assistance to foreign
    countries:  Provided, That such funds shall also be used
    for secondary education activities:  Provided further,
    That <>  the Administrator of the
    United States Agency for International Development,
    following consultation with the Committees on
    Appropriations, may reprogram such funds between
    countries:  Provided further, That of the funds made
    available by this paragraph, $150,000,000 should be
    available for the education of girls in areas of
    conflict: <>   Provided further,
    That funds made available under the headings
    ``Development Assistance'' and ``Economic Support Fund''
    for the support of non-state schools in this Act and
    prior Acts making appropriations for the Department of
    State, foreign operations, and related programs shall be
    subject to the regular notification procedures of the
    Committees on Appropriations.
    (B) Of the funds appropriated under title III of
    this Act for assistance for basic education programs,
    not less than $150,000,000 shall be made available for
    contributions to multilateral partnerships that support
    education.
    (C) Funds appropriated under title III of this Act
    and made available for assistance for basic education as
    provided for in this paragraph shall be referred to as
    the ``Nita M. Lowey Basic Education Fund''.
    (2) Higher education.--Of the funds appropriated by title
    III of this Act, not less than $235,000,000 shall be made
    available for assistance for higher
    education: <>   Provided, That such funds
    may be made available notwithstanding any other provision of law
    that restricts assistance to foreign countries, and shall be
    subject to the regular notification procedures of the Committees
    on Appropriations:  Provided further, That of such amount, not
    less than $35,000,000 shall be made available for new and
    ongoing partnerships between higher education institutions in
    the United States and developing countries focused on building
    the capacity of higher education institutions and systems in
    developing countries: <>
    Provided further, That not later than 45 days after enactment of
    this Act, the USAID Administrator shall consult with the
    Committees on Appropriations on the proposed uses of funds for
    such partnerships.
    (3) Higher education in countries impacted by economic
    crises.--In addition <> to amounts made
    available pursuant to paragraph (2), of the funds appropriated
    by this Act under the heading ``Economic Support Fund'', not
    less than $50,000,000 shall be made available, notwithstanding
    any other provision of law that restricts assistance to foreign
    countries

    [[Page 1802]]

    and following consultation with the Committees on
    Appropriations, for the following institutions that are
    recipients of United States assistance and located in countries
    impacted by economic crises--
    (A) United States-accredited institutions of higher
    education in the Middle East; and
    (B) not-for-profit, coeducational American
    institutions of higher education in the Middle East and
    Asia.

    (b) Development Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $18,500,000
    shall be made available for USAID cooperative development programs and
    not less than $30,000,000 shall be made available for the American
    Schools and Hospitals Abroad program.
    (c) Environment Programs.--
    (1)(A) Funds appropriated by this Act to carry out the
    provisions of sections 103 through 106, and chapter 4 of part
    II, of the Foreign Assistance Act of 1961 may be used,
    notwithstanding any other provision of law, except for the
    provisions of this subsection, to support environment programs.
    (B) <>  Funds made available pursuant
    to this subsection shall be subject to the regular notification
    procedures of the Committees on Appropriations.
    (2)(A) Of the funds appropriated under title III of this
    Act, not less than $320,000,000 shall be made available for
    biodiversity conservation programs.
    (B) Not less than $100,664,000 of the funds appropriated
    under titles III and IV of this Act shall be made available to
    combat the transnational threat of wildlife poaching and
    trafficking.
    (C) <>  None of the funds
    appropriated under title IV of this Act may be made available
    for training or other assistance for any military unit or
    personnel that the Secretary of State determines has been
    credibly alleged to have participated in wildlife poaching or
    trafficking, unless the Secretary reports to the appropriate
    congressional committees that to do so is in the national
    security interest of the United States.
    (D) Funds appropriated by this Act for biodiversity programs
    shall not be used to support the expansion of industrial scale
    logging or any other industrial scale extractive activity into
    areas that were primary/intact tropical forests as of December
    30, 2013, and the Secretary of the Treasury shall instruct the
    United States executive directors of each international
    financial institution (IFI) to use the voice and vote of the
    United States to oppose any financing of any such activity.
    (3) The Secretary of the Treasury shall instruct the United
    States executive director of each IFI that it is the policy of
    the United States to use the voice and vote of the United
    States, in relation to any loan, grant, strategy, or policy of
    such institution, regarding the construction of any large dam
    consistent with the criteria set forth in Senate Report 114-79,
    while also considering whether the project involves important
    foreign policy objectives.
    (4) Of the funds appropriated under title III of this Act,
    not less than $135,000,000 shall be made available for
    sustainable landscapes programs.

    [[Page 1803]]

    (5) Of the funds appropriated under title III of this Act,
    not less than $177,000,000 shall be made available for
    adaptation programs, including in support of the implementation
    of the Indo-Pacific Strategy.
    (6) Of the funds appropriated under title III of this Act,
    not less than $179,000,000 shall be made available for renewable
    energy programs, including in support of carrying out the
    purposes of the Electrify Africa Act (Public Law 114-121) and
    implementation of the Power Africa initiative.
    (7) Of the funds appropriated under title III of this Act,
    not less than $75,000,000 shall be made available for programs
    to address ocean plastic pollution and other marine debris,
    including technical assistance for waste management:  Provided,
    That the <>  Secretary of State, in
    consultation with the Secretary of the Treasury, the USAID
    Administrator, and the heads of other relevant Federal agencies,
    shall seek to enter into negotiations with key bilateral and
    multilateral donors, including the World Bank, to establish a
    new multilateral fund for ocean plastic pollution and other
    marine debris:  Provided further, That such funds may be made
    available for a contribution to such new fund, and for a USAID-
    administered multi-donor fund for such purposes:  Provided
    further, That such funds are in addition to amounts otherwise
    made available by this Act for such
    purposes: <>   Provided further, That such
    funds may only be made available following consultation with the
    Committees on Appropriations.

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

    [[Page 1804]]

    (g) Reconciliation Programs.--Of the funds appropriated by this Act
    under the heading ``Development Assistance'', not less than $25,000,000
    shall be made available to support people-to-people reconciliation
    programs which bring together individuals of different ethnic,
    religious, and political backgrounds from areas of civil strife and
    war: <>   Provided, That the USAID
    Administrator shall consult with the Committees on Appropriations, prior
    to the initial obligation of funds, on the uses of such funds, and such
    funds shall be subject to the regular notification procedures of the
    Committees on Appropriations:  Provided further, That to the maximum
    extent practicable, such funds shall be matched by sources other than
    the United States Government:  Provided further, That such funds shall
    be administered by the Office of Conflict Management and Mitigation,
    USAID.

    (h) Water and Sanitation.--Of the funds appropriated by this Act,
    not less than $450,000,000 shall be made available for water supply and
    sanitation projects pursuant to section 136 of the Foreign Assistance
    Act of 1961, of which not less than $225,000,000 shall be for programs
    in sub-Saharan Africa, and of which not less than $15,000,000 shall be
    made available to support initiatives by local communities in developing
    countries to build and maintain safe latrines.

    budget documents

    Sec. 7061. (a) <>  Operating Plans.--Not later
    than 45 days after enactment of this Act, each department, agency, or
    organization funded in titles I, II, and VI of this Act, and the
    Department of the Treasury and Independent Agencies funded in title III
    of this Act, including the Inter-American Foundation and the United
    States African Development Foundation, shall submit to the Committees on
    Appropriations an operating plan for funds appropriated to such
    department, agency, or organization in such titles of this Act, or funds
    otherwise available for obligation in fiscal year 2021, that provides
    details of the uses of such funds at the program, project, and activity
    level:  Provided, That such plans shall include, as applicable, a
    comparison between the congressional budget justification funding
    levels, the most recent congressional directives or approved funding
    levels, and the funding levels proposed by the department or agency; and
    a clear, concise, and informative description/
    justification: <>   Provided further, That
    operating plans that include changes in levels of funding for programs,
    projects, and activities specified in the congressional budget
    justification, in this Act, or amounts specifically designated in the
    respective tables included in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act),
    as applicable, shall be subject to the notification and reprogramming
    requirements of section 7015 of this Act.

    (b) Spend Plans.--
    (1) Not later than 90 days after enactment of this Act, the
    Secretary of State or Administrator of the United States Agency
    for International Development, as appropriate, shall submit to
    the Committees on Appropriations a spend plan for funds made
    available by this Act, for--
    (A) assistance for Afghanistan, Iraq, Lebanon,
    Pakistan, Syria, Colombia, and countries in Central
    America;

    [[Page 1805]]

    (B) assistance made available pursuant to section
    7047(d) of this Act to counter Russian influence and
    aggression, except that such plan shall be on a country-
    by-country basis;
    (C) assistance made available pursuant to section
    7059 of this Act;
    (D) the Indo-Pacific Strategy and the Countering
    Chinese Influence Fund;
    (E) democracy programs, the Power Africa and Prosper
    Africa initiatives, and sectors enumerated in
    subsections (a), (c), (d), (e), (f), (g) and (h) of
    section 7060 of this Act;
    (F) funds provided under the heading ``International
    Narcotics Control and Law Enforcement'' for
    International Organized Crime and for Cybercrime and
    Intellectual Property Rights:  Provided, That the spend
    plans shall include bilateral and global programs funded
    under such heading along with a brief description of the
    activities planned for each country; and
    (G) the regional security initiatives described
    under this heading in section 7050 in Senate Report 116-
    126.
    (2) Not later than 90 days after enactment of this Act, the
    Secretary of the Treasury shall submit to the Committees on
    Appropriations a detailed spend plan for funds made available by
    this Act under the heading ``Department of the Treasury,
    International Affairs Technical Assistance'' in title III.

    (c) Clarification.--The spend plans referenced in subsection (b)
    shall not be considered as meeting the notification requirements in this
    Act or under section 634A of the Foreign Assistance Act of 1961.
    (d) Congressional Budget Justification.--
    (1) Submission.--The congressional budget justification for
    Department of State operations and foreign operations shall be
    provided to the Committees on Appropriations concurrent with the
    date of submission of the President's budget for fiscal year
    2022: <>   Provided, That the appendices for
    such justification shall be provided to the Committees on
    Appropriations not later than 10 calendar days thereafter.
    (2) Multi-year availability of certain funds.--The Secretary
    of State and the USAID Administrator shall include in the
    congressional budget justification a detailed justification for
    multi-year availability for any funds requested under the
    headings ``Diplomatic Programs'' and ``Operating Expenses''.

    reorganization

    Sec. 7062. (a) Oversight.--
    (1) Prior consultation and notification.--Funds appropriated
    by this Act, prior Acts making appropriations for the Department
    of State, foreign operations, and related programs, or any other
    Act may not be used to implement a reorganization, redesign, or
    other plan described in paragraph (2) by the Department of
    State, the United States Agency for International Development,
    or any other Federal department,

    [[Page 1806]]

    agency, or organization funded by this Act without prior
    consultation by the head of such department, agency, or
    organization with the appropriate congressional committees:
    Provided, That such funds shall be subject to the regular
    notification procedures of the Committees on Appropriations:
    Provided further, That any such notification submitted to such
    Committees shall include a detailed justification for any
    proposed action, including the information specified under
    section 7073 of the joint explanatory statement accompanying the
    Department of State, Foreign Operations, and Related Programs
    Appropriations Act, 2019 (division F of Public Law 116-6):
    Provided further, That congressional notifications submitted in
    prior fiscal years pursuant to similar provisions of law in
    prior Acts making appropriations for the Department of State,
    foreign operations, and related programs may be deemed to meet
    the notification requirements of this section.
    (2) Description of activities.--Pursuant to paragraph (1), a
    reorganization, redesign, or other plan shall include any action
    to--
    (A) expand, eliminate, consolidate, or downsize
    covered departments, agencies, or organizations,
    including bureaus and offices within or between such
    departments, agencies, or organizations, including the
    transfer to other agencies of the authorities and
    responsibilities of such bureaus and offices;
    (B) expand, eliminate, consolidate, or downsize the
    United States official presence overseas, including at
    bilateral, regional, and multilateral diplomatic
    facilities and other platforms; or
    (C) expand or reduce the size of the permanent Civil
    Service, Foreign Service, eligible family member, and
    locally employed staff workforce of the Department of
    State and USAID from the levels specified in sections
    7063(d) and 7064(i) of this Act.

    (b) Additional Requirements and Limitations.--
    (1) Bureau of population, refugees, and migration,
    department of state.--None of the funds appropriated by this
    Act, prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, or any other
    Act may be used to downsize, downgrade, consolidate, close,
    move, or relocate the Bureau of Population, Refugees, and
    Migration, Department of State, or any activities of such
    Bureau, to another Federal agency.
    (2) Administration of funds.--Funds made available by this
    Act--
    (A) under the heading ``Migration and Refugee
    Assistance'' shall be administered by the Assistant
    Secretary for Population, Refugees, and Migration,
    Department of State, and this responsibility shall not
    be delegated; and
    (B) that are made available for the Office of Global
    Women's Issues shall be administered by the United
    States Ambassador-at-Large for Global Women's Issues,
    Department of State, and this responsibility shall not
    be delegated.

    [[Page 1807]]

    department of state management

    Sec. 7063. (a) Financial Systems Improvement.--Funds appropriated by
    this Act for the operations of the Department of State under the
    headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
    be made available to implement the recommendations contained in the
    Foreign Assistance Data Review Findings Report (FADR) and the Office of
    Inspector General (OIG) report entitled ``Department Financial Systems
    Are Insufficient to Track and Report on Foreign Assistance
    Funds'': <>   Provided, That such funds may not be
    obligated for enhancements to, or expansions of, the Budget System
    Modernization Financial System, Central Resource Management System,
    Joint Financial Management System, or Foreign Assistance Coordination
    and Tracking System until such updated plan is submitted to the
    Committees on Appropriations:  Provided further,
    That <>  such funds may not
    be obligated for new, or expansion of existing, ad hoc electronic
    systems to track commitments, obligations, or expenditures of funds
    unless the Secretary of State, following consultation with the Chief
    Information Officer of the Department of State, has reviewed and
    certified that such new system or expansion is consistent with the FADR
    and OIG recommendations: <>   Provided
    further, That not later than 45 days after enactment of this Act, the
    Secretary of State shall submit to the Committees on Appropriations an
    update to the plan required under section 7006 of the Department of
    State, Foreign Operations, and Related Programs Appropriations Act, 2017
    (division J of Public Law 115-31) for implementing the FADR and OIG
    recommendations.

    (b) Working Capital Fund.--Funds appropriated by this Act or
    otherwise made available to the Department of State for payments to the
    Working Capital Fund may only be used for the service centers included
    in the Congressional Budget Justification, Department of State, Foreign
    Operations, and Related Programs, Fiscal Year 2021:  Provided, That the
    amounts for such service centers shall be the amounts included in such
    budget justification, except as provided in section 7015(b) of this Act:
    Provided further, That Federal agency components shall be charged only
    for their direct usage of each Working Capital Fund service:  Provided
    further, That prior <>
    to increasing the percentage charged to Department of State bureaus and
    offices for procurement-related activities, the Secretary of State shall
    include the proposed increase in the Department of State budget
    justification or, at least 60 days prior to the increase, provide the
    Committees on Appropriations a justification for such increase,
    including a detailed assessment of the cost and benefit of the services
    provided by the procurement fee:  Provided further, That Federal agency
    components may only pay for Working Capital Fund services that are
    consistent with the purpose and authorities of such
    components: <>   Provided further, That the
    Working Capital Fund shall be paid in advance or reimbursed at rates
    which will return the full cost of each service.

    (c) Certification.--
    (1) <>  Compliance.--Not later than 45 days
    after the initial obligation of funds appropriated under titles
    III and IV of this Act that are made available to a Department
    of State bureau or office with responsibility for the management
    and oversight of such funds, the Secretary of State shall
    certify

    [[Page 1808]]

    and report to the Committees on Appropriations, on an individual
    bureau or office basis, that such bureau or office is in
    compliance with Department and Federal financial and grants
    management policies, procedures, and regulations, as applicable.
    (2) Considerations.--When making a certification required by
    paragraph (1), the Secretary of State shall consider the
    capacity of a bureau or office to--
    (A) account for the obligated funds at the country
    and program level, as appropriate;
    (B) identify risks and develop mitigation and
    monitoring plans;
    (C) establish performance measures and indicators;
    (D) review activities and performance; and
    (E) assess final results and reconcile finances.
    (3) <>  Plan.--If the Secretary of State is
    unable to make a certification required by paragraph (1), the
    Secretary shall submit a plan and timeline detailing the steps
    to be taken to bring such bureau or office into compliance.

    (d) Personnel Levels.--Funds made available by this Act are made
    available to support the permanent Foreign Service and Civil Service
    staff levels of the Department of State at not less than the hiring
    targets established in the fiscal year 2020 operating plan.
    (e) <>  Information Technology
    Platform.--
    (1) None of the funds appropriated in title I of this Act
    under the heading ``Administration of Foreign Affairs'' may be
    made available for a new major information technology (IT)
    investment without the concurrence of the Chief Information
    Officer, Department of State.
    (2) <>  None of the funds appropriated in
    title I of this Act under the heading ``Administration of
    Foreign Affairs'' may be used by an agency to submit a project
    proposal to the Technology Modernization Board for funding from
    the Technology Modernization Fund unless, not later than 15 days
    in advance of submitting the project proposal to the Board, the
    head of the agency--
    (A) <>  notifies the Committees
    on Appropriations of the proposed submission of the
    project proposal; and
    (B) submits to the Committees on Appropriations a
    copy of the project proposal.
    (3) None of the funds appropriated in title I of this Act
    and prior Acts making appropriations for the Department of
    State, foreign operations, and related programs under the
    heading ``Administration of Foreign Affairs'' may be used by an
    agency to carry out a project that is approved by the Board
    unless the head of the agency--
    (A) submits to the Committees on Appropriations a
    copy of the approved project proposal, including the
    terms of reimbursement of funding received for the
    project; and
    (B) <>  agrees to submit to the
    Committees on Appropriations a copy of each report
    relating to the project that the head of the agency
    submits to the Board.

    [[Page 1809]]

    united states agency for international development management

    Sec. 7064. (a) <>  Authority.--Up to
    $110,000,000 of the funds made available in title III of this Act
    pursuant to or to carry out the provisions of part I of the Foreign
    Assistance Act of 1961, including funds appropriated under the heading
    ``Assistance for Europe, Eurasia and Central Asia'', may be used by the
    United States Agency for International Development to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980 (22 U.S.C. 3948 and 3949).

    (b) <>
    Restriction.--The authority to hire individuals contained in subsection
    (a) shall expire on September 30, 2022.

    (c) Program Account Charged.--The account charged for the cost of an
    individual hired and employed under the authority of this section shall
    be the account to which the responsibilities of such individual
    primarily relate: <>   Provided, That funds
    made available to carry out this section may be transferred to, and
    merged with, funds appropriated by this Act in title II under the
    heading ``Operating Expenses''.

    (d) <>  Foreign Service Limited
    Extensions.--Individuals hired and employed by USAID, with funds made
    available in this Act or prior Acts making appropriations for the
    Department of State, foreign operations, and related programs, pursuant
    to the authority of section 309 of the Foreign Service Act of 1980 (22
    U.S.C. 3949), may be extended for a period of up to 4 years
    notwithstanding the limitation set forth in such section.

    (e) <>  Disaster Surge Capacity.--Funds
    appropriated under title III of this Act to carry out part I of the
    Foreign Assistance Act of 1961, including funds appropriated under the
    heading ``Assistance for Europe, Eurasia and Central Asia'', may be
    used, in addition to funds otherwise available for such purposes, for
    the cost (including the support costs) of individuals detailed to or
    employed by USAID whose primary responsibility is to carry out programs
    in response to natural disasters, or man-made disasters subject to the
    regular notification procedures of the Committees on Appropriations.

    (f) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Food for
    Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
    USAID to employ up to 40 personal services contractors in the United
    States, notwithstanding any other provision of law, for the purpose of
    providing direct, interim support for new or expanded overseas programs
    and activities managed by the agency until permanent direct hire
    personnel are hired and trained:  Provided, That not more than 15 of
    such contractors shall be assigned to any bureau or office:  Provided
    further, That such funds appropriated to carry out title II of the Food
    for Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made
    available only for personal services contractors assigned to the Bureau
    for Humanitarian Assistance.
    (g) <>  Small Business.--In entering
    into multiple award indefinite-quantity contracts with funds
    appropriated by this Act, USAID may provide an exception to the fair
    opportunity process for placing

    [[Page 1810]]

    task orders under such contracts when the order is placed with any
    category of small or small disadvantaged business.

    (h) Senior Foreign Service Limited Appointments.--Individuals hired
    pursuant to the authority provided by section 7059(o) of the Department
    of State, Foreign Operations, and Related Programs Appropriations Act,
    2010 (division F of Public Law 111-117) may be assigned to or support
    programs in Afghanistan or Pakistan with funds made available in this
    Act and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs.
    (i) Personnel Levels.--Funds made available by this Act under the
    heading ``Operating Expenses'' are made available to support not less
    than 1,850 permanent Foreign Service Officers and 1,600 permanent Civil
    Service staff.

    stabilization and development in regions impacted by extremism and
    conflict

    Sec. 7065. (a) Prevention and Stabilization Fund.--
    (1) Funds and transfer authority.--Of the funds appropriated
    by this Act under the headings ``Economic Support Fund'',
    ``International Narcotics Control and Law Enforcement'',
    ``Nonproliferation, Anti-terrorism, Demining and Related
    Programs'', ``Peacekeeping Operations'', and ``Foreign Military
    Financing Program'', not less than $100,000,000 shall be made
    available for the purposes of the Prevention and Stabilization
    Fund, as authorized by, and for the purposes enumerated in,
    section 509(a) of the Global Fragility Act of 2019 (title V of
    division J of Public Law 116-94), of which $25,000,000 may be
    made available for the Multi-Donor Global Fragility Fund
    authorized by section 510(c) of such Act:  Provided, That such
    funds appropriated under such headings may be transferred to,
    and merged with, funds appropriated under such headings:
    Provided further, That <>  such transfer
    authority is in addition to any other transfer authority
    provided by this Act or any other Act, and is subject to the
    regular notification procedures of the Committees on
    Appropriations.
    (2) Transitional justice.--Of the funds appropriated by this
    Act under the headings ``Economic Support Fund'' and
    ``International Narcotics Control and Law Enforcement'' that are
    made available for the Prevention and Stabilization Fund, not
    less than $10,000,000 shall be made available for programs to
    promote accountability for genocide, crimes against humanity,
    and war crimes, including in Iraq and Syria, which shall be in
    addition to any other funds made available by this Act for such
    purposes:  Provided, That such programs shall include components
    to develop local investigative and judicial skills, and to
    collect and preserve evidence and maintain the chain of custody
    of evidence, including for use in prosecutions, and may include
    the establishment of, and assistance for, transitional justice
    mechanisms:  Provided further, That such funds shall be
    administered by the Special Coordinator for the Office of Global
    Criminal Justice, Department of State:  Provided further, That
    funds made available by this paragraph shall be made available
    on an open and competitive basis.

    (b) Global Fragility Act Implementation.--Funds appropriated by this
    Act shall be made available to implement the Global

    [[Page 1811]]

    Fragility Act of 2019 (title V of division J of Public Law 116-94):
    Provided, That <>  not later
    than 180 days after enactment of this Act, the Secretary of State, in
    consultation with the Administrator of the United States Agency for
    International Development, shall submit a spend plan to the Committees
    on Appropriations detailing the use of funds made available by this Act
    for such purposes.

    (c) Global Community Engagement and Resilience Fund.--Funds
    appropriated by this Act and prior Acts making appropriations for the
    Department of State, foreign operations, and related programs under the
    heading ``Economic Support Fund'' may be made available to the Global
    Community Engagement and Resilience Fund (GCERF), including as a
    contribution: <>   Provided, That
    any such funds made available for the GCERF shall be made available on a
    cost-matching basis from sources other than the United States
    Government, to the maximum extent practicable, and shall be subject to
    the regular notification procedures of the Committees on Appropriations.

    (d) Global Concessional Financing Facility.--Of the funds
    appropriated by this Act under the heading ``Economic Support Fund'',
    $25,000,000 shall be made available for the Global Concessional
    Financing Facility of the World Bank to provide financing to support
    refugees and host communities: <>   Provided, That
    such funds shall be in addition to funds allocated for bilateral
    assistance in the report required by section 653(a) of the Foreign
    Assistance Act of 1961, and may only be made available subject to prior
    to consultation with the Committees on Appropriations:  Provided
    further, That <>  such funds may be
    transferred to the Department of the Treasury.

    disability programs

    Sec. 7066. (a) Assistance.--Funds appropriated by this Act under the
    heading ``Development Assistance'' shall be made available for programs
    and activities administered by the United States Agency for
    International Development to address the needs and protect and promote
    the rights of people with disabilities in developing countries,
    including initiatives that focus on independent living, economic self-
    sufficiency, advocacy, education, employment, transportation, sports,
    political and electoral participation, and integration of individuals
    with disabilities, including for the cost of translation.
    (b) Management, Oversight, and Technical Support.--Of the funds made
    available pursuant to this section, 5 percent may be used by USAID for
    management, oversight, and technical support.

    debt-for-development

    Sec. 7067.  In <>  order to enhance the
    continued participation of nongovernmental organizations in debt-for-
    development and debt-for-nature exchanges, a nongovernmental
    organization which is a grantee or contractor of the United States
    Agency for International Development may place in interest bearing
    accounts local currencies which accrue to that organization as a result
    of economic assistance provided under title III of this Act and, subject
    to the regular notification procedures of the Committees on
    Appropriations, any

    [[Page 1812]]

    interest earned on such investment shall be used for the purpose for
    which the assistance was provided to that organization.

    enterprise funds

    Sec. 7068. (a) <>  Notification.--
    None of the funds made available under titles III through VI of this Act
    may be made available for Enterprise Funds unless the appropriate
    congressional committees are notified at least 15 days in advance.

    (b) Distribution of Assets Plan.--Prior to the distribution of any
    assets resulting from any liquidation, dissolution, or winding up of an
    Enterprise Fund, in whole or in part, the President shall submit to the
    appropriate congressional committees a plan for the distribution of the
    assets of the Enterprise Fund.
    (c) Transition or Operating Plan.--Prior to a transition to and
    operation of any private equity fund or other parallel investment fund
    under an existing Enterprise Fund, the President shall submit such
    transition or operating plan to the appropriate congressional
    committees.

    extension of consular fees and related authorities

    Sec. 7069. (a) <>  Section
    1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1)) shall
    be applied through fiscal year 2021 by substituting ``the costs of
    providing consular services'' for ``such costs''.

    (b) Section 21009 of the Emergency Appropriations for Coronavirus
    Health Response and Agency Operations (division B of Public Law 116-136;
    134 Stat. 592) <>  is amended by striking ``fiscal
    year 2020'' and inserting ``fiscal years 2020 and 2021''.

    (c) <>  Discretionary
    amounts made available to the Department of State under the heading
    ``Administration of Foreign Affairs'' of this Act, and discretionary
    unobligated balances under such heading from prior Acts making
    appropriations for the Department of State, foreign operations, and
    related programs, may be transferred to the Consular and Border Security
    Programs account if the Secretary of State determines and reports to the
    Committees on Appropriations that to do so is necessary to sustain
    consular operations, following consultation with such Committees:
    Provided, That such transfer authority is in addition to any transfer
    authority otherwise available in this Act and under any other provision
    of law:  Provided further, That no amounts may be transferred from
    amounts designated for Overseas Contingency Operations/Global War on
    Terrorism or as emergency requirements pursuant to a concurrent
    resolution on the budget or section 251(b)(2)(A) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    (d) In addition to the uses permitted pursuant to section
    286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
    1356(v)(2)(A)), for fiscal year 2021, the Secretary of State may also
    use fees deposited into the Fraud Prevention and Detection Account for
    the costs of providing consular services.
    (e) Amounts provided pursuant to subsections (a), (b), and (d) are
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 1813]]

    protective services

    Sec. 7070.  Of <>  the
    funds appropriated under the heading ``Diplomatic Programs'' by this Act
    and prior Acts making appropriations for the Department of State,
    foreign operations, and related programs, except for funds designated by
    the Congress as an emergency requirement pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency Deficit
    Control Act of 1985, up to $15,000,000 may be made available to provide
    protective services to former or retired senior Department of State
    officials or employees that the Secretary of State, in consultation with
    the Director of National Intelligence, determines and reports to
    congressional leadership and the appropriate congressional committees,
    face a serious and credible threat from a foreign power or the agent of
    a foreign power arising from duties performed by such official or
    employee while employed by the Department:  Provided, That such
    determination shall include a justification for the provision of
    protective services by the Department, including the identification of
    the specific nature of the threat and the anticipated duration of such
    services provided, which may be submitted in classified form, if
    necessary: <>   Provided
    further, That such protective services shall be consistent with other
    such services performed by the Bureau of Diplomatic Security under 22
    U.S.C. 2709 for Department officials, and shall be made available for an
    initial period of not more than 180 days, which may be extended for
    additional consecutive periods of 60 days upon a subsequent
    determination by the Secretary that the specific threat persists:
    Provided further, That <>  not later than
    45 days after enactment of this Act and quarterly thereafter, the
    Secretary shall submit a report to congressional leadership and the
    appropriate congressional committees detailing the number of individuals
    receiving protective services and the amount of funds expended for such
    services on a case-by-case basis, which may be submitted in classified
    form, if necessary:  Provided further, That <>  for
    purposes of this section a former or retired senior Department of State
    official or employee means a person that served in the Department at the
    Assistant Secretary, Special Representative, or Senior Advisor level, or
    in a comparable or more senior position, and has separated from service
    at the Department:  Provided further, That funds made available pursuant
    to this section are in addition to amounts otherwise made available for
    such purposes:  Provided further, That amounts repurposed pursuant to
    this section that were previously designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of such Act.

    rescissions

    (including rescissions of funds)

    Sec. 7071. (a) Overseas Contingency Operations Rescissions.--
    (1) Diplomatic and consular programs.--Of the unobligated
    balances from amounts made available under the heading
    ``Diplomatic and Consular Programs'' in title II of the Security

    [[Page 1814]]

    Assistance Appropriations Act, 2017 (division B of Public Law
    114-254), $360,123,000 are rescinded.
    (2) Peacekeeping operations.--Of the unobligated balances
    from amounts made available under the heading ``Peacekeeping
    Operations'' from prior Acts making appropriations for the
    Department of State, foreign operations, and related programs
    and designated by the Congress for Overseas Contingency
    Operations/Global War on Terrorism pursuant to section
    251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, $40,000,000 are rescinded.
    (3) Foreign military financing program.--Of the unobligated
    balances from amounts made available under the heading ``Foreign
    Military Financing Program'' from prior Acts making
    appropriations for the Department of State, foreign operations,
    and related programs and designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, $25,000,000 are rescinded.
    (4) Designation.--For the purposes of this subsection, funds
    that were previously designated by the Congress for Overseas
    Contingency Operations/Global War on Terrorism pursuant to
    section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress for
    Overseas Contingency Operations/Global War on Terrorism pursuant
    to section 251(b)(2)(A)(ii) of such Act.

    (b) Additional Rescissions.--
    (1) Economic support fund.--Of the unobligated balances from
    amounts made available under the heading ``Economic Support
    Fund'' from prior Acts making appropriations for the Department
    of State, foreign operations, and related programs, $75,000,000
    are rescinded.
    (2) Peace corps.--Of the unobligated balances from amounts
    made available under the heading ``Peace Corps'' from prior Acts
    making appropriations for the Department of State, foreign
    operations, and related programs, $30,000,000 are rescinded.
    (3) International narcotics control and law enforcement.--Of
    the unobligated balances from amounts made available under the
    heading ``International Narcotics Control and Law Enforcement''
    from prior Acts making appropriations for the Department of
    State, foreign operations, and related programs, $50,411,000 are
    rescinded.
    (4) Limitation.--For the purposes of this subsection, no
    amounts may be rescinded from amounts that were designated by
    Congress as an emergency requirement or for Overseas Contingency
    Operations/Global War on Terrorism pursuant to a concurrent
    resolution on the budget or the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    [[Page 1815]]

    TITLE VIII <>

    NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020

    short title

    Sec. 8001.  This <>  title may be cited as
    the ``Nita M. Lowey Middle East Partnership for Peace Act of 2020''.

    findings

    Sec. 8002.  Congress finds the following:
    (1) Economic development in conflict settings has been shown
    to support stabilization by empowering entrepreneurs, growing
    the middle class, and mitigating unemployment.
    (2) In 2018, unemployment in the Palestinian territories was
    32.4 percent. Gross Domestic Product (GDP) growth in the
    Palestinian territories declined from 2017 to 2019, and it is
    projected to further decline in 2020.
    (3) According to the World Bank Ad Hoc Liaison Committee's
    April 2019 Economic Monitoring Report, ``to achieve sustainable
    economic growth, in the Palestinian territories, growth and job
    creation going forward will need to be private sector driven''.
    (4) According to the 2018 Joint Strategic Plan of the
    Department of State and the United States Agency for
    International Development, ``assistance can help prevent new
    recruitment to terrorist organizations, reduce levels of
    violence, promote legitimate governance structures that
    strengthen inclusion, and reduce policies that marginalize
    communities''.
    (5) Although economic development is an important tool for
    stabilizing conflict-prone settings and establishing connections
    between communities, economic development by itself will not
    lead to lasting peace. People-to-people peace-building programs
    further advance reconciliation efforts by promoting greater
    understanding, mutual trust, and cooperation between
    communities.
    (6) While the United States and its international partners
    continue to support diplomatic and political negotiations
    between the representatives of the parties to the Israeli-
    Palestinian conflict, such efforts require broad popular support
    among the people on the ground to succeed.
    (7) Achieving sustainable, high-level agreements for lasting
    peace in the Middle East must come through, and with the support
    of, the people who live there, and the United States and its
    international partners can help the people of the region build
    popular support for sustainable agreements for lasting peace.

    sense of congress

    Sec. 8003.  It is the sense of Congress that--
    (1) building a viable Palestinian economy is central to the
    effort to preserve the possibility of a negotiated settlement
    leading to a sustainable two-state solution with the democratic,

    [[Page 1816]]

    Jewish state of Israel and a demilitarized, democratic
    Palestinian state living side-by-side in peace, security, and
    mutual recognition;
    (2) United States and international support for grassroots,
    people-to-people efforts aimed at fostering tolerance, and
    building support for such solution, can help counter extremist
    propaganda and the growing issue of incitement;
    (3) strengthening engagement between Palestinians and
    Israelis, including through people-to-people peace-building
    programs can increase the bonds of friendship and understanding;
    (4) investing in the development of the Palestinian economy
    and in joint economic ventures can advance multiple sectors to
    the benefit of local, regional, and global parties; and
    (5) Congress encourages cooperation between Palestinian,
    American, and Israeli business sectors in order to benefit the
    Palestinian, American, and Israeli peoples and economies.

    people-to-people partnership for peace fund

    Sec. 8004.  Chapter 4 of part II of the Foreign Assistance Act of
    1961 (22 U.S.C. 2346 et seq.) is amended by adding at the end the
    following:
    ``SEC. 535 <>  PEOPLE-TO-PEOPLE PARTNERSHIP
    FOR PEACE FUND.

    ``(a) <>  Establishment.--Beginning on the
    date that is one year after the date of enactment of this section, the
    Administrator of the United States Agency for International Development
    is authorized to establish a program to provide funding for projects to
    help build the foundation for peaceful co-existence between Israelis and
    Palestinians and for a sustainable two-state solution. The program
    established under this subsection shall be known as the `People-to-
    People Partnership for Peace Fund' (referred to in this section as the
    `Fund').

    ``(b) Eligibility for Support.--In providing funding for projects
    through the Fund, the Administrator may provide support for qualified
    organizations, prioritizing those organizations that seek to build
    better cooperation between Israelis and Palestinians, including
    Palestinian organizations, Israeli organizations, and international
    organizations that bring Israelis and Palestinians together.
    ``(c) Additional Eligibility for Support.--In providing funding for
    projects through the Fund, the Administrator may additionally provide
    support to qualified organizations that further shared community
    building, peaceful co-existence, dialogue, and reconciliation between
    Arab and Jewish citizens of Israel.
    ``(d) Contributions.--The Administrator--
    ``(1) is encouraged to work with foreign governments and
    international organizations to leverage the impact of United
    States resources and achieve the objectives of this section; and
    ``(2) is authorized to accept contributions for the purposes
    of the Fund, consistent with subsection (d) of section 635.

    ``(e) Advisory Board.--
    ``(1) <>  Establishment.--The
    Administrator shall establish an advisory board to make
    recommendations to the Administrator regarding the types of
    projects that should be considered for funding through the Fund.
    ``(2) <>  Membership.--

    [[Page 1817]]

    ``(A) In general.--Subject to subparagraph (B), the
    advisory board shall be composed of 13 members, none of
    whom may be Members of Congress, who shall be appointed
    for renewable periods of 3 years, as follows:
    ``(i) <>  One member to
    serve as chair, appointed by the Administrator, in
    consultation with the Secretary of State.
    ``(ii) One member appointed by the chair, and
    one member appointed by the ranking member, of the
    Committee on Foreign Relations of the Senate.
    ``(iii) One member appointed by the chair, and
    one member appointed by the ranking member, of the
    Committee on Foreign Affairs of the House of
    Representatives.
    ``(iv) One member appointed by the chair, and
    one member appointed by the ranking member, of the
    Committee on Appropriations of the Senate.
    ``(v) One member appointed by the chair, and
    one member appointed by the ranking member, of the
    Committee on Appropriations of the House of
    Representatives.
    ``(vi) One member appointed by the majority
    leader, and one member appointed by the minority
    leader, of the Senate.
    ``(vii) One member appointed by the Speaker,
    and one member appointed by the minority leader,
    of the House of Representatives.
    ``(B) International participation.--The
    Administrator may appoint up to two additional members
    to the advisory board who are representatives of foreign
    governments or international organizations for renewable
    periods of 3 years.
    ``(C) Qualifications.--Members of the advisory board
    shall have demonstrated regional expertise and
    experience and expertise in conflict mitigation and
    people-to-people programs, and shall not receive
    compensation on account of their service on the advisory
    board.

    ``(f) USAID Mission Recommendations.--The Administrator shall
    consider the input and recommendations from missions of the United
    States Agency for International Development in the region and mission
    directors regarding projects that should be considered for funding
    through the Fund.
    ``(g) Coordination.--The Administrator shall coordinate with the
    Secretary of State in carrying out the provisions of this section.''.

    joint investment for peace initiative

    Sec. 8005. (a) <>  Establishment.--Beginning
    on the date that is 180 days after the date of the enactment of this
    Act, the Chief Executive Officer of the United States International
    Development Finance Corporation (referred to in this section as the
    ``Chief Executive Officer'' and the ``Corporation'', respectively) is
    authorized to establish a program to provide investments in, and support
    to, entities that carry out projects that contribute to the development
    of the Palestinian private sector economy in the West Bank and Gaza. The
    program established under this subsection shall be known as the ``Joint
    Investment for Peace Initiative'' (referred to

    [[Page 1818]]

    in this section as the ``Initiative'') and shall be subject to all
    existing terms, conditions, restrictions, oversight requirements, and
    applicable provisions of law, including the Better Utilization of
    Investments Leading to Development Act of 2018 (22 U.S.C. 9611 et seq),
    including through strict adherence to the less-developed country focus
    under section 1412(c) of such Act.

    (b) Participation Requirement.--In carrying out the Initiative, the
    Chief Executive Officer shall ensure participation by small and medium-
    sized enterprises owned by Palestinians, which may include the
    technology sector, the agriculture sector, and other high value-added or
    emerging industries.
    (c) Priority.--In carrying out the Initiative, the Chief Executive
    Officer shall prioritize support to projects that increase economic
    cooperation between Israelis and Palestinians.
    (d) Use of Existing Authorities.--In carrying out the Initiative,
    the Chief Executive Officer shall utilize the authorities under section
    1421 of the Better Utilization of Investments Leading to Development Act
    of 2018 (22 U.S.C. 9621), including to--
    (1) select a manager of the Initiative;
    (2) oversee and direct the operation of the Initiative
    consistent with such Act and other provisions of law;
    (3) provide the Initiative with loans, guaranties, equity,
    and insurance, as appropriate, to enable the Initiative to
    attract private investment;
    (4) support the private sector in entering into joint
    ventures between Palestinian and Israeli entities; and
    (5) carry out the purposes of the Initiative consistent with
    the provisions of this section and other applicable provisions
    of law.

    (e) Annual Report.--
    (1) <>  In general.--Not later than
    December 31, 2021, and each December 31 thereafter until
    December 31, 2031, the Chief Executive Officer shall submit to
    the appropriate congressional committees a report that describes
    the following:
    (A) The extent to which the Initiative has
    contributed to promoting and supporting Palestinian
    economic development.
    (B) The extent to which the Initiative has
    contributed to greater integration of the Palestinian
    economy into the international rules-based business
    system.
    (C) The extent to which projects that increase
    economic cooperation between Palestinians and Israelis
    and between Palestinians and Americans have been
    prioritized, including through support to the private
    sector to enter into joint ventures.
    (D) Information on the following:
    (i) Investments received and provided through
    the Initiative.
    (ii) The mechanisms established for
    transparency and accountability of investments
    provided through the Initiative.
    (E) The extent to which entities supported by the
    Initiative have impacted the efficacy of people-to-
    people programs.
    (F) <>  To the extent
    practicable, an assessment of the sustainability of
    commercial endeavors that receive support from the
    Initiative.

    [[Page 1819]]

    (G) A description of the process for vetting and
    oversight of entities eligible for support from the
    Initiative to ensure compliance with the requirements of
    section 8006(b) of this Act.
    (2) Form.--The reports required under this subsection shall
    be submitted in unclassified form, without the designation ``For
    Official Use Only'' or any related or successor designation, but
    may be accompanied by a classified annex.

    (f) Termination.--
    (1) In general.--The Initiative shall terminate at the end
    of the fiscal year that is 10 years after the date on which the
    Chief Executive Officer makes the first investment under the
    Initiative.
    (2) Exception.--The Chief Executive Officer is authorized to
    continue to manage investments made under the Initiative on and
    after the date specified in paragraph (1).

    (g) Coordination.--The Chief Executive Officer shall coordinate with
    the Secretary of State and the Administrator of the United States Agency
    for International Development in carrying out the provisions of this
    section.

    limitations, vetting, coordination, and oversight

    Sec. 8006. (a) Limitations.--None of the funds made available to
    carry out this title, or any amendment made by this title, may be used
    to provide--
    (1) financial assistance to the national government of any
    foreign country;
    (2) <>  assistance for--
    (A) <>  any individual or
    group the Secretary of State determines to be involved
    in, or advocating, terrorist activity; or
    (B) any individual who is a member of a foreign
    terrorist organization (as designated pursuant to
    section 219 of the Immigration and Nationality Act (8
    U.S.C. 1189)); or
    (3) assistance for the Palestinian Authority or the
    Palestine Liberation Organization.

    (b) Applicable Regulations.--Assistance made available under this
    title, and any amendment made by this title, shall adhere to the mission
    directives and vetting practices for assistance for the West Bank and
    Gaza, as set forth by the United States Agency for International
    Development.
    (c) Coordination.--
    (1) <>  The Chief Executive Officer of
    the United States International Development Finance Corporation,
    acting through the Chief Development Officer of such
    Corporation, shall coordinate with the Administrator of the
    United States Agency for International Development and the
    Secretary of State to ensure that all expenditures from the
    Joint Investment for Peace Initiative comply with this section.
    (2) To the extent practicable, the Administrator of the
    United States Agency for International Development and the Chief
    Executive Officer of the United States International Development
    Finance Corporation should coordinate and share information in
    advance of providing resources through the

    [[Page 1820]]

    People-to-People Partnership for Peace Fund and the Joint
    Investment for Peace Initiative.

    (d) Report.--
    (1) In general.--Not later than 90 days after the end of the
    first fiscal year in which both the People-to-People Partnership
    for Peace Fund and the Joint Investment for Peace Initiative are
    in effect, and annually thereafter, the Administrator of the
    United States Agency for International Development and the Chief
    Executive Officer of the United States International Development
    Finance Corporation shall, in coordination with the Secretary of
    State, jointly submit to the appropriate congressional
    committees a report in writing that describes--
    (A)(i) lessons learned and best practices developed
    from funding for projects under the People-to-People
    Partnership for Peace Fund during the prior fiscal year;
    and
    (ii) the extent to which such projects have
    contributed to the purposes of the People-to-People
    Partnership for Peace Fund;
    (B)(i) lessons learned and best practices developed
    from investments provided under the Joint Investment for
    Peace Initiative during the prior fiscal year; and
    (ii) the extent to which such investments have
    contributed to the purposes of the Joint Investment for
    Peace Initiative; and
    (C) how the United States International Development
    Finance Corporation and the United States Agency for
    International Development coordinate and share
    information with respect to the People-to-People
    Partnership for Peace Fund and the Joint Investment for
    Peace Initiative.
    (2) Consultation.--The Administrator of the United States
    Agency for International Development, in consultation with the
    Secretary of State, shall consult with the advisory board
    established by subsection (e) of section 535 of the Foreign
    Assistance Act of 1961 (as added by section 8004 of this Act) to
    inform the reports required by paragraph (1).

    appropriate congressional committees defined

    Sec. 8007.  In this title, the term ``appropriate congressional
    committees'' has the meaning given that term in section 1402 of the
    Better Utilization of Investments Leading to Development Act of 2018 (22
    U.S.C. 9601).

    authorization of appropriations

    Sec. 8008. (a) In General.--There is authorized to be appropriated
    to carry out this title, and the amendments made by this title,
    $50,000,000 for each of the first 5 fiscal years beginning after the
    date of the enactment of this Act.
    (b) <>  Consultation Requirement.--
    Not later than 90 days after enactment of this Act, and prior to the
    obligation of funds made available to implement this title, the
    Administrator of the United States Agency for International Development
    and the Chief Executive Officer of the United States International
    Development Finance Corporation, in coordination with the Secretary of
    State, shall consult with the Committees on Appropriations on the
    proposed uses of funds.

    [[Page 1821]]

    (c) Administrative Expenses.--Not more than 5 percent of amounts
    authorized to be appropriated by subsection (a) for a fiscal year should
    be made available for administrative expenses to carry out section 535
    of the Foreign Assistance Act of 1961 (as added by section 8004 of this
    Act).
    (d) <>  Availability.--Amounts authorized to be
    appropriated by subsection (a) for a fiscal year are authorized to
    remain available for such fiscal year and the subsequent 4 fiscal years.

    TITLE IX

    EMERGENCY FUNDING AND OTHER MATTERS

    DEPARTMENT OF STATE

    Administration of Foreign Affairs

    consular and border security programs

    For an additional amount for ``Consular and Border Security
    Programs'', $300,000,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for offsetting losses resulting from the
    coronavirus pandemic of fees and surcharges collected and deposited into
    the account pursuant to section 7081 of division J of Public Law 115-31:
    Provided, That funds made available under this heading in this Act
    shall be in addition to any other funds made available for this purpose:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.

    sudan claims

    For necessary expenses to carry out section 7 of the Sudan Claims
    Resolution Act, notwithstanding any other provision of law,
    $150,000,000, to remain available until
    expended: <>
    Provided, That any unexpended balances remaining following the
    distributions described in section 7(b)(1) of the Sudan Claims
    Resolution Act that are determined by the Secretary of State, not later
    than September 30, 2030, and at the close of each fiscal year
    thereafter, to be excess to the needs of such distributions, shall be
    returned to the general fund of the Treasury:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    BILATERAL ECONOMIC ASSISTANCE

    Funds Appropriated to the President

    global health programs

    For an additional amount for ``Global Health Programs'',
    $4,000,000,000, to remain available until September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, including for vaccine
    procurement and delivery:  Provided, That such funds shall be
    administered by the Administrator of the United States Agency

    [[Page 1822]]

    for International Development and shall be made available as a
    contribution to The GAVI Alliance:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    economic support fund

    For an additional amount for ``Economic Support Fund'',
    $700,000,000, to remain available until September 30, 2022, which shall
    be for assistance for Sudan, and which may be made available as
    contributions: <>   Provided, That up to
    $100,000,000 of such funds may be transferred to, and merged with, funds
    made available under the headings ``Global Health Programs'' and
    ``Transition Initiatives'' in Acts making appropriations for the
    Department of State, foreign operations, and related
    programs: <>   Provided further, That upon a
    determination by the Secretary of State that funds transferred pursuant
    to the preceding proviso are not necessary for the purposes provided,
    such amounts may be transferred back to such accounts:  Provided
    further, That funds appropriated under this heading in this title may be
    made available notwithstanding any other provision of law for
    contributions authorized under this heading, agriculture and economic
    growth programs, and economic assistance for marginalized areas in Sudan
    and Abyei:  Provided further, That <>  prior to the
    initial obligation of funds appropriated under this heading in this
    title, the Secretary of State shall consult with the Committees on
    Appropriations:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Department of the Treasury

    debt restructuring

    For an additional amount for ``Debt Restructuring'', $120,000,000,
    to remain available until expended, which may be used, notwithstanding
    any other provision of law, for payment by the Secretary of the Treasury
    to the International Monetary Fund for Heavily Indebted Poor Countries
    debt relief for Sudan:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    GENERAL PROVISIONS--THIS TITLE

    Sec. 9001.  Each amount appropriated or made available by this title
    is in addition to amounts otherwise appropriated for fiscal year 2021.
    Sec. 9002.  Notwithstanding section 7034(q)(7) of this division of
    this Act, the additional amounts appropriated by this title to
    appropriations accounts shall be available under the authorities and
    conditions applicable to such appropriations accounts for funds
    appropriated in fiscal year 2021, unless otherwise directed by this
    title.
    Sec. 9003.  Notwithstanding <>  the
    limitations in sections 609(i) and 609(j) of the Millennium Challenge
    Act of 2003 (2211 U.S.C.

    [[Page 1823]]

    7708(j), 7715), the Millennium Challenge Corporation may, subject to the
    availability of funds, extend any compact in effect as of January 29,
    2020, for up to one additional year, to account for delays related to
    coronavirus: <>   Provided, That the Corporation
    shall notify the appropriate congressional committees prior to providing
    any such extension.

    This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2021''.

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

    TITLE I

    DEPARTMENT OF TRANSPORTATION

    Office of the Secretary

    salaries and expenses

    For necessary expenses of the Office of the Secretary, $126,174,000,
    of which not to exceed $3,360,000 shall be available for the immediate
    Office of the Secretary; not to exceed $1,200,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $22,210,000
    shall be available for the Office of the General Counsel; not to exceed
    $11,797,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $16,394,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $3,010,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $32,239,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $2,610,000 shall be available for the Office of Public
    Affairs; not to exceed $2,018,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $13,576,000 shall be available
    for the Office of Intelligence, Security, and Emergency Response; and
    not to exceed $17,760,000 shall be available for the Office of the Chief
    Information Officer: <>   Provided, That the
    Secretary of Transportation (referred to in this title as the
    ``Secretary'') is authorized to transfer funds appropriated for any
    office of the Office of the Secretary to any other office of the Office
    of the Secretary:  Provided further, That no appropriation for any
    office shall be increased or decreased by more than 7 percent by all
    such transfers: <>   Provided further,
    That notice of any change in funding greater than 7 percent shall be
    submitted for approval to the House and Senate Committees on
    Appropriations:  Provided further, That not to exceed $70,000 shall be
    for allocation within the Department for official reception and
    representation expenses as the Secretary may determine:  Provided
    further, That notwithstanding any other provision of law, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees:  Provided further, That none of the funds provided in this
    Act shall be available for the position of Assistant Secretary for
    Public Affairs.

    [[Page 1824]]

    research and technology

    For necessary expenses related to the Office of the Assistant
    Secretary for Research and Technology, $22,800,000, of which $16,485,000
    shall remain available until expended:  Provided, That there may be
    credited to this appropriation, to be available until expended, funds
    received from States, counties, municipalities, other public
    authorities, and private sources for expenses incurred for training:
    Provided further, That <>  any
    reference in law, regulation, judicial proceedings, or elsewhere to the
    Research and Innovative Technology Administration shall continue to be
    deemed to be a reference to the Office of the Assistant Secretary for
    Research and Technology of the Department of Transportation.

    national infrastructure investments

    (including transfer of funds)

    For capital investments in surface transportation infrastructure,
    $1,000,000,000 to remain available until September 30, 2024:  Provided,
    That <>  the Secretary shall distribute
    amounts made available under this heading as discretionary grants to be
    awarded to a State, local or tribal government, U.S. territory, transit
    agency, port authority, metropolitan planning organization, political
    subdivision of a State or local government, or a collaboration among
    such entities on a competitive basis for projects that will have a
    significant local or regional impact:  Provided further, That projects
    eligible for amounts made available under this heading shall include,
    but not be limited to, highway or bridge projects eligible under title
    23, United States Code; public transportation projects eligible under
    chapter 53 of title 49, United States Code; passenger and freight rail
    transportation projects; port infrastructure investments (including
    inland port infrastructure and land ports of entry); and projects
    investing in surface transportation facilities that are located on
    tribal land and for which title or maintenance responsibility is vested
    in the Federal Government:  Provided further, That of the amount made
    available under this heading, the Secretary shall use an amount not more
    than $30,000,000 for the planning, preparation or design of projects
    eligible for amounts made available under this heading, of which not
    less than $10,000,000 is for projects eligible for amounts made
    available under this heading located in or to directly benefit areas of
    persistent poverty:  Provided further, That the
    term <>  ``areas of persistent poverty''
    means any county that has consistently had greater than or equal to 20
    percent of the population living in poverty during the 30-year period
    preceding the date of enactment of this Act, as measured by the 1990 and
    2000 decennial census and the most recent annual Small Area Income and
    Poverty Estimates as estimated by the Bureau of the Census; any census
    tract with a poverty rate of at least 20 percent as measured by the
    2014-2018 5-year data series available from the American Community
    Survey of the Bureau of the Census; or any territory or possession of
    the United States:  Provided further, That grants awarded under the
    previous two provisos shall not be subject to a minimum grant size:
    Provided further, That the Secretary may use up to 20 percent of the
    amounts made available under this heading for the purpose of paying the
    subsidy and administrative costs of projects eligible for Federal credit
    assistance under chapter 6 of title 23, United States Code, or sections

    [[Page 1825]]

    501 through 504 of the Railroad Revitalization and Regulatory Reform Act
    of 1976 (Public Law 94-210), if the Secretary finds that such use of the
    funds would advance the purposes of this heading:  Provided further,
    That in distributing amounts made available under this heading, the
    Secretary shall take such measures so as to ensure an equitable
    geographic distribution of funds, an appropriate balance in addressing
    the needs of urban and rural areas, including tribal areas, and the
    investment in a variety of transportation modes:  Provided further, That
    a grant award under this heading shall be not less than $5,000,000 and
    not greater than $25,000,000:  Provided further, That not more than 10
    percent of the amounts made available under this heading may be awarded
    to projects in a single State:  Provided further, That the Federal share
    of the costs for which an amount is provided under this heading shall
    be, at the option of the recipient, up to 80 percent:  Provided further,
    That <>  the Secretary shall give priority to projects
    that require a contribution of Federal funds in order to complete an
    overall financing package: <>   Provided
    further, That an award under this heading is an urban award if it is to
    a project located within or on the boundary of an Urbanized Area (UA),
    as designated by the Bureau of the Census, that had a population greater
    than 200,000 in the 2010 decennial census:  Provided further, That for
    the purpose of determining if an award for planning, preparation or
    design is an urban award, the project location is the location of the
    project being planned, prepared or designed:  Provided further, That
    each <>  award under this heading that is
    not an urban award is a rural award:  Provided further, That of the
    amounts awarded under this heading, not more than 50 percent shall be
    awarded as urban awards and rural awards, respectively:  Provided
    further, That for rural awards, the minimum grant size shall be
    $1,000,000:  Provided further, That for rural awards and areas of
    persistent poverty awards the Secretary may increase the Federal share
    of costs above 80 percent: <>   Provided further,
    That projects conducted using amounts made available under this heading
    shall comply with the requirements of subchapter IV of chapter 31 of
    title 40, United States Code:  Provided further, That the Secretary
    shall conduct a new competition to select the grants and credit
    assistance awarded under this heading:  Provided further, That the
    Secretary may retain up to $20,000,000 of the amounts made available
    under this heading, and may transfer portions of such amounts to the
    Administrators of the Federal Highway Administration, the Federal
    Transit Administration, the Federal Railroad Administration and the
    Maritime Administration to fund the award and oversight of grants and
    credit assistance made under the National Infrastructure Investments
    program:  Provided further, That none of the amounts made available in
    the previous proviso may be used to hire additional personnel:  Provided
    further, That the Secretary shall consider and award projects based
    solely on the selection criteria from the fiscal year 2017 Notice of
    Funding Opportunity:  Provided further, That, notwithstanding the
    previous proviso, the Secretary shall not use the Federal share or an
    applicant's ability to generate non-Federal revenue as a selection
    criteria in awarding projects:  Provided further,
    That <>  the Secretary shall issue the Notice
    of Funding Opportunity no later than 120 days after enactment of this
    Act: <>   Provided further, That such Notice of Funding Opportunity
    shall require application submissions 90 days after the publishing of
    such Notice:  Provided further, That of the applications

    [[Page 1826]]

    submitted under the previous two provisos, the Secretary shall make
    grants no later than 330 days after enactment of this Act in such
    amounts that the Secretary determines.

    national surface transportation and innovative finance bureau

    For necessary expenses of the National Surface Transportation and
    Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, to
    remain available until expended: <>   Provided, That the
    Secretary may collect and spend fees, as authorized by title 23, United
    States Code, to cover the costs of services of expert firms, including
    counsel, in the field of municipal and project finance to assist in the
    underwriting and servicing of Federal credit instruments and all or a
    portion of the costs to the Federal Government of servicing such credit
    instruments:  Provided further, That such fees are available until
    expended to pay for such costs:  Provided further, That such amounts are
    in addition to other amounts made available for such purposes and are
    not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

    railroad rehabilitation and improvement financing program

    The <>  Secretary is authorized to issue direct loans
    and loan guarantees pursuant to sections 501 through 504 of the Railroad
    Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
    amended, such authority shall exist as long as any such direct loan or
    loan guarantee is outstanding.

    financial management capital

    For necessary expenses for upgrading and enhancing the Department of
    Transportation's financial systems and re-engineering business
    processes, $2,000,000, to remain available through September 30, 2022.

    cyber security initiatives

    For necessary expenses for cyber security initiatives, including
    necessary upgrades to network and information technology infrastructure,
    improvement of identity management and authentication capabilities,
    securing and protecting data, implementation of Federal cyber security
    initiatives, and implementation of enhanced security controls on agency
    computers and mobile devices, $22,000,000, to remain available until
    September 30, 2022.

    office of civil rights

    For necessary expenses of the Office of Civil Rights, $9,600,000.

    transportation planning, research, and development

    (including transfer of funds)

    For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, $9,350,000, to remain available until expended:  Provided, That
    of such amount, $1,000,000 shall be for necessary expenses

    [[Page 1827]]

    of the Interagency Infrastructure Permitting Improvement Center (IIPIC):
    Provided further, That there may be transferred to this appropriation,
    to remain available until expended, amounts transferred from other
    Federal agencies for expenses incurred under this heading for IIPIC
    activities not related to transportation infrastructure:  Provided
    further, That <>  the tools and analysis
    developed by the IIPIC shall be available to other Federal agencies for
    the permitting and review of major infrastructure projects not related
    to transportation only to the extent that other Federal agencies provide
    funding to the Department in accordance with the preceding proviso.

    working capital fund

    (including transfer of funds)

    For necessary expenses for operating costs and capital outlays of
    the Working Capital Fund, not to exceed $319,793,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation (DOT):  Provided
    further, That the limitation in the preceding proviso on operating
    expenses shall not apply to non-DOT entities:  Provided further, That no
    funds made available by this Act to an agency of the Department shall be
    transferred to the Working Capital Fund without majority approval of the
    Working Capital Fund Steering Committee and approval of the Secretary:
    Provided further, That <>  no
    assessments may be levied against any program, budget activity,
    subactivity, or project funded by this Act unless notice of such
    assessments and the basis therefor are presented to the House and Senate
    Committees on Appropriations and are approved by such Committees.

    small and disadvantaged business utilization and outreach

    For necessary expenses for small and disadvantaged business
    utilization and outreach activities, $4,714,000, to remain available
    until September 30, 2022:  Provided, That notwithstanding section 332 of
    title 49, United States Code, such amounts may be used for business
    opportunities related to any mode of transportation:  Provided further,
    That appropriations made available under this heading shall be available
    for any purpose consistent with prior year appropriations that were made
    available under the heading ``Office of the Secretary--Minority Business
    Resource Center Program''.

    payments to air carriers

    (airport and airway trust fund)

    In addition to funds made available from any other source to carry
    out the essential air service program under sections 41731 through 41742
    of title 49, United States Code, $141,724,000, to be derived from the
    Airport and Airway Trust Fund, to remain available until expended:
    Provided, That <>  in determining between or among
    carriers competing to provide service to a community, the Secretary may
    consider the relative subsidy requirements of

    [[Page 1828]]

    the carriers:  Provided further, That basic essential air service
    minimum requirements shall not include the 15-passenger capacity
    requirement under section 41732(b)(3) of title 49, United States Code:
    Provided further, That amounts authorized to be distributed for the
    essential air service program under section 41742(b) of title 49, United
    States Code, shall be made available immediately from amounts otherwise
    provided to the Administrator of the Federal Aviation
    Administration: <>   Provided further, That the
    Administrator may reimburse such amounts from fees credited to the
    account established under section 45303 of title 49, United States Code.

    transportation demonstration program

    To expand intermodal and multimodal freight and cargo transportation
    infrastructure, including airport development under chapter 471 of title
    49, United States Code, $100,000,000, to remain available until
    expended: <>   Provided, That the Secretary
    shall distribute funds provided under this heading as discretionary
    grants to maritime port authorities or former military airports
    classified as general aviation airports in the National Plan on
    Integrated Airport System report for fiscal years 2019 to 2023:
    Provided further, That eligible applicants that are maritime port
    authorities shall use a terminal railway and be located not more than 10
    miles from a former military airport classified as a general aviation
    airport in the National Plan on Integrated Airport System report for
    fiscal years 2019 to 2023:  Provided further, That eligible applicants
    that are former military airports classified as general aviation
    airports in the National Plan on Integrated Airport System report for
    fiscal years 2019 to 2023 shall be located not more than 10 miles from a
    maritime port authority that uses a terminal railway:  Provided further,
    That projects eligible under this heading shall be located not more than
    10 miles from at least two highways on the Interstate
    System: <>   Provided further, That the
    Secretary shall issue the Notice of Funding Opportunity no later than 60
    days after enactment of this Act.

    administrative provisions--office of the secretary of transportation

    (including rescissions)

    Sec. 101.  None <>  of the funds made
    available by this Act to the Department of Transportation may be
    obligated for the Office of the Secretary of Transportation to approve
    assessments or reimbursable agreements pertaining to funds appropriated
    to the operating administrations in this Act, except for activities
    underway on the date of enactment of this Act, unless such assessments
    or agreements have completed the normal reprogramming process for
    congressional notification.

    Sec. 102.  The <>  Secretary shall post
    on the web site of the Department of Transportation a schedule of all
    meetings of the Council on Credit and Finance, including the agenda for
    each meeting, and require the Council on Credit and Finance to record
    the decisions and actions of each meeting.

    Sec. 103.  In <>  addition to authority
    provided by section 327 of title 49, United States Code, the
    Department's Working Capital Fund is authorized to provide partial or
    full payments in advance

    [[Page 1829]]

    and accept subsequent reimbursements from all Federal agencies from
    available funds for transit benefit distribution services that are
    necessary to carry out the Federal transit pass transportation fringe
    benefit program under Executive Order No. 13150 and section 3049 of
    SAFETEA-LU (5 U.S.C. 7905 note):  Provided, That the Department shall
    maintain a reasonable operating reserve in the Working Capital Fund, to
    be expended in advance to provide uninterrupted transit benefits to
    Government employees:  Provided further, That such reserve shall not
    exceed 1 month of benefits payable and may be used only for the purpose
    of providing for the continuation of transit
    benefits: <>   Provided further, That the Working
    Capital Fund shall be fully reimbursed by each customer agency from
    available funds for the actual cost of the transit benefit.

    Sec. 104.  Receipts collected in the Department's Working Capital
    Fund, as authorized by section 327 of title 49, United States Code, for
    unused van pool benefits, in an amount not to exceed 10 percent of
    fiscal year 2021 collections, shall be available until expended in the
    Department's Working Capital Fund to provide contractual services in
    support of section 199A of this Act:  Provided, That obligations in
    fiscal year 2021 of such collections shall not exceed $1,000,000.
    Sec. 105.  The remaining unobligated balances, as of September 30,
    2021, from amounts made available for the ``Department of
    Transportation--Office of the Secretary--National Infrastructure
    Investments'' in division G of the Consolidated Appropriations Act, 2019
    (Public Law 116-6) are hereby permanently rescinded, and an amount of
    additional new budget authority equivalent to the amount rescinded is
    hereby appropriated on September 30, 2021, to remain available until
    September 30, 2022, and shall be available, without additional
    competition, for completing the funding of awards made pursuant to the
    fiscal year 2019 national infrastructure investments program.
    Sec. 106.  None <>  of the funds in this
    Act may be obligated or expended for retention or senior executive
    bonuses for an employee of the Department of Transportation without the
    prior written approval of the Assistant Secretary for Administration.

    Sec. 107.  In addition to authority provided by section 327 of title
    49, United States Code, the Department's Administrative Working Capital
    Fund is hereby authorized to transfer information technology equipment,
    software, and systems from Departmental sources or other entities and
    collect and maintain a reserve at rates which will return full cost of
    transferred assets.
    Sec. 108.  None <>  of the funds
    provided in this Act to the Department of Transportation may be used to
    provide credit assistance unless not less than 3 days before any
    application approval to provide credit assistance under sections 603 and
    604 of title 23, United States Code, the Secretary provides notification
    in writing to the following committees: the House and Senate Committees
    on Appropriations; the Committee on Environment and Public Works and the
    Committee on Banking, Housing and Urban Affairs of the Senate; and the
    Committee on Transportation and Infrastructure of the House of
    Representatives:  Provided, That such notification shall include, but
    not be limited to, the name of the project sponsor; a description of the
    project; whether credit assistance will be provided as a direct loan,
    loan guarantee, or line of credit; and the amount of credit assistance.

    [[Page 1830]]

    Federal Aviation Administration

    operations

    (airport and airway trust fund)

    For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    the lease or purchase of passenger motor vehicles for replacement only,
    $11,001,500,000, to remain available until September 30, 2022, of which
    $10,519,000,000 shall be derived from the Airport and Airway Trust Fund:
    Provided, That of the sums appropriated under this heading--
    (1) not less than $1,479,039,000 shall be available for
    aviation safety activities;
    (2) $8,205,821,000 shall be available for air traffic
    organization activities;
    (3) $27,555,000 shall be available for commercial space
    transportation activities;
    (4) $836,141,000 shall be available for finance and
    management activities;
    (5) $62,862,000 shall be available for NextGen and
    operations planning activities;
    (6) $124,928,000 shall be available for security and
    hazardous materials safety; and
    (7) $265,154,000 shall be available for staff offices:

    Provided further, That <>  not to exceed 5
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation under this heading by more than 5 percent:  Provided
    further, That any transfer in excess of 5 percent shall be treated as a
    reprogramming of funds under section 405 of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section: <>   Provided further, That not later than 60 days after the
    submission of the budget request, the Administrator of the Federal
    Aviation Administration shall transmit to Congress an annual update to
    the report submitted to Congress in December 2004 pursuant to section
    221 of the Vision 100-Century of Aviation Reauthorization Act (49 U.S.C.
    40101 note):  Provided further, That <>  the amounts made available under this heading
    shall be reduced by $100,000 for each day after 60 days after the
    submission of the budget request that such report has not been
    transmitted to Congress: <>
    Provided further, That not later than 60 days after the submission of
    the budget request, the Administrator shall transmit to Congress a
    companion report that describes a comprehensive strategy for staffing,
    hiring, and training flight standards and aircraft certification staff
    in a format similar to the one utilized for the controller staffing
    plan, including stated attrition estimates and numerical hiring goals by
    fiscal year:  Provided further, That <>  the amounts made available under this heading
    shall be reduced by $100,000 for each day after the date that is 60 days
    after the submission of the budget request that such report

    [[Page 1831]]

    has not been submitted to Congress: <>   Provided further, That funds may be used to enter
    into a grant agreement with a nonprofit standard-setting organization to
    assist in the development of aviation safety standards:  Provided
    further, That none of the funds made available by this Act shall be
    available for new applicants for the second career training
    program: <>   Provided further, That none of the funds in
    this Act shall be available for the Federal Aviation Administration to
    finalize or implement any regulation that would promulgate new aviation
    user fees not specifically authorized by law after the date of the
    enactment of this Act:  Provided further, That there may be credited to
    this appropriation, as offsetting collections, funds received from
    States, counties, municipalities, foreign authorities, other public
    authorities, and private sources for expenses incurred in the provision
    of agency services, including receipts for the maintenance and operation
    of air navigation facilities, and for issuance, renewal or modification
    of certificates, including airman, aircraft, and repair station
    certificates, or for tests related thereto, or for processing major
    repair or alteration forms:  Provided further, That of the amounts made
    available under this heading, not less than $172,800,000 shall be used
    to fund direct operations of the current air traffic control towers in
    the contract tower program, including the contract tower cost share
    program, and any airport that is currently qualified or that will
    qualify for the program during the fiscal year:  Provided further, That
    none of the funds made available by this Act for aeronautical charting
    and cartography are available for activities conducted by, or
    coordinated through, the Working Capital Fund:  Provided further, That
    none of the funds appropriated or otherwise made available by this Act
    or any other Act may be used to eliminate the Contract Weather Observers
    program at any airport.

    facilities and equipment

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of national airspace systems and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of necessary
    sites by lease or grant; engineering and service testing, including
    construction of test facilities and acquisition of necessary sites by
    lease or grant; construction and furnishing of quarters and related
    accommodations for officers and employees of the Federal Aviation
    Administration stationed at remote localities where such accommodations
    are not available; and the purchase, lease, or transfer of aircraft from
    funds available under this heading, including aircraft for aviation
    regulation and certification; to be derived from the Airport and Airway
    Trust Fund, $3,015,000,000, of which $545,000,000 shall remain available
    until September 30, 2022, $2,330,400,000 shall remain available until
    September 30, 2023, and $139,600,000 shall remain available until
    expended:  Provided, That there may be credited to this appropriation
    funds received from States, counties, municipalities, other public
    authorities, and private sources, for expenses incurred in the
    establishment, improvement, and modernization of national airspace
    systems: <>   Provided
    further, That not later than 60 days

    [[Page 1832]]

    after submission of the budget request, the Secretary shall transmit to
    the Congress an investment plan for the Federal Aviation Administration
    which includes funding for each budget line item for fiscal years 2022
    through 2026, with total funding for each year of the plan constrained
    to the funding targets for those years as estimated and approved by the
    Office of Management and Budget.

    research, engineering, and development

    (airport and airway trust fund)

    For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $198,000,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2023:  Provided, That there may
    be credited to this appropriation as offsetting collections, funds
    received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development:  Provided further,
    That funds made available under this heading shall be used in accordance
    with the explanatory statement described in section 4 (in the matter
    preceding division A of this consolidated Act): <>   Provided further, That not to exceed 10 percent of any
    funding level specified under this heading in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) may be transferred to any other funding level
    specified under this heading in the explanatory statement described in
    section 4 (in the matter preceding division A of this consolidated Act):
    Provided further, That no transfer may increase or decrease any funding
    level by more than 10 percent:  Provided further, That any transfer in
    excess of 10 percent shall be treated as a reprogramming of funds under
    section 405 of this Act and shall not be available for obligation or
    expenditure except in compliance with the procedures set forth in that
    section.

    grants-in-aid for airports

    (liquidation of contract authorization)

    (limitation on obligations)

    (airport and airway trust fund)

    (including transfer of funds)

    For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs,

    [[Page 1833]]

    including those related to airport operating certificates under section
    44706 of title 49, United States Code, $3,350,000,000, to be derived
    from the Airport and Airway Trust Fund and to remain available until
    expended:  Provided, That none of the amounts made available under this
    heading shall be available for the planning or execution of programs the
    obligations for which are in excess of $3,350,000,000, in fiscal year
    2021, notwithstanding section 47117(g) of title 49, United States Code:
    Provided further, That none of the amounts made available under this
    heading shall be available for the replacement of baggage conveyor
    systems, reconfiguration of terminal baggage areas, or other airport
    improvements that are necessary to install bulk explosive detection
    systems:  Provided further, That notwithstanding section 47109(a) of
    title 49, United States Code, the Government's share of allowable
    project costs under paragraph (2) of such section for subgrants or
    paragraph (3) of such section shall be 95 percent for a project at other
    than a large or medium hub airport that is a successive phase of a
    multi-phased construction project for which the project sponsor received
    a grant in fiscal year 2011 for the construction project:  Provided
    further, That notwithstanding any other provision of law, of amounts
    limited under this heading, not more than $119,402,000 shall be
    available for administration, not less than $15,000,000 shall be
    available for the Airport Cooperative Research Program, not less than
    $40,666,000 shall be available for Airport Technology Research, and
    $10,000,000, to remain available until expended, shall be available and
    transferred to ``Office of the Secretary, Salaries and Expenses'' to
    carry out the Small Community Air Service Development
    Program: <>   Provided further, That in
    addition to airports eligible under section 41743 of title 49, United
    States Code, such program may include the participation of an airport
    that serves a community or consortium that is not larger than a small
    hub airport, according to FAA hub classifications effective at the time
    the Office of the Secretary issues a request for proposals.

    grants-in-aid for airports

    For an additional amount for ``Grants-In-Aid for Airports'', to
    enable the Secretary to make grants for projects as authorized by
    subchapter 1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
    United States Code, $400,000,000, to remain available through September
    30, 2023:  Provided, That amounts made available under this heading
    shall be derived from the general fund, and such funds shall not be
    subject to apportionment formulas, special apportionment categories, or
    minimum percentages under chapter 471: <>
    Provided further, That the Secretary shall distribute funds provided
    under this heading as discretionary grants to airports:  Provided
    further, That the amount made available under this heading shall not be
    subject to any limitation on obligations for the Grants-in-Aid for
    Airports program set forth in any Act:  Provided further, That the
    Administrator of the Federal Aviation Administration may retain up to
    0.5 percent of the funds provided under this heading to fund the award
    and oversight by the Administrator of grants made under this heading.

    administrative provisions--federal aviation administration

    Sec. 110.  None of the funds made available by this Act may be used
    to compensate in excess of 600 technical staff-years under

    [[Page 1834]]

    the federally funded research and development center contract between
    the Federal Aviation Administration and the Center for Advanced Aviation
    Systems Development during fiscal year 2021.
    Sec. 111.  None of the funds made available by this Act shall be
    used to pursue or adopt guidelines or regulations requiring airport
    sponsors to provide to the Federal Aviation Administration without cost
    building construction, maintenance, utilities and expenses, or space in
    airport sponsor-owned buildings for services relating to air traffic
    control, air navigation, or weather reporting:  Provided, That the
    prohibition on the use of funds in this section does not apply to
    negotiations between the agency and airport sponsors to achieve
    agreement on ``below-market'' rates for these items or to grant
    assurances that require airport sponsors to provide land without cost to
    the Federal Aviation Administration for air traffic control facilities.
    Sec. 112.  The <>  Administrator of the
    Federal Aviation Administration may reimburse amounts made available to
    satisfy section 41742(a)(1) of title 49, United States Code, from fees
    credited under section 45303 of title 49, United States Code, and any
    amount remaining in such account at the close of any fiscal year may be
    made available to satisfy section 41742(a)(1) of title 49, United States
    Code, for the subsequent fiscal year.

    Sec. 113.  Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes as such appropriation.
    Sec. 114.  None of the funds made available by this Act shall be
    available for paying premium pay under subsection 5546(a) of title 5,
    United States Code, to any Federal Aviation Administration employee
    unless such employee actually performed work during the time
    corresponding to such premium pay.
    Sec. 115.  None of the funds made available by this Act may be
    obligated or expended for an employee of the Federal Aviation
    Administration to purchase a store gift card or gift certificate through
    use of a Government-issued credit card.
    Sec. 116.  Notwithstanding any other provision of law, none of the
    funds made available under this Act or any prior Act may be used to
    implement or to continue to implement any limitation on the ability of
    any owner or operator of a private aircraft to obtain, upon a request to
    the Administrator of the Federal Aviation Administration, a blocking of
    that owner's or operator's aircraft registration number, Mode S
    transponder code, flight identification, call sign, or similar
    identifying information from any ground based display to the public that
    would allow the real-time or near real-time flight tracking of that
    aircraft's movements, except data made available to a Government agency,
    for the noncommercial flights of that owner or operator.
    Sec. 117.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than nine political and
    Presidential appointees in the Federal Aviation Administration.
    Sec. 118.  None <>  of the funds made
    available by this Act may be used to increase fees pursuant to section
    44721 of title 49, United States Code, until the Federal Aviation
    Administration provides to the House and Senate Committees on
    Appropriations a report that justifies all fees related to aeronautical
    navigation products and explains how such fees are consistent with
    Executive Order No. 13642.

    [[Page 1835]]

    Sec. 119.  None <>  of the funds made
    available by this Act may be used to close a regional operations center
    of the Federal Aviation Administration or reduce its services unless the
    Administrator notifies the House and Senate Committees on Appropriations
    not less than 90 full business days in advance.

    Sec. 119A.  None <>  of the funds made available
    by or limited by this Act may be used to change weight restrictions or
    prior permission rules at Teterboro airport in Teterboro, New Jersey.

    Sec. 119B.  None <>  of the funds made
    available by this Act may be used by the Administrator of the Federal
    Aviation Administration to withhold from consideration and approval any
    new application for participation in the Contract Tower Program, or for
    reevaluation of Cost-share Program participants so long as the Federal
    Aviation Administration has received an application from the airport,
    and so long as the Administrator determines such tower is eligible using
    the factors set forth in Federal Aviation Administration published
    establishment criteria.

    Sec. 119C.  None of the funds made available by this Act may be used
    to open, close, redesignate as a lesser office, or reorganize a regional
    office, the aeronautical center, or the technical center unless the
    Administrator submits a request for the reprogramming of funds under
    section 405 of this Act.

    Federal Highway Administration

    limitation on administrative expenses

    (highway trust fund)

    (including transfer of funds)

    Not to exceed $475,649,049 together with advances and reimbursements
    received by the Federal Highway Administration, shall be obligated for
    necessary expenses for administration and operation of the Federal
    Highway Administration:  Provided, That in addition, $3,248,000 shall be
    transferred to the Appalachian Regional Commission in accordance with
    section 104(a) of title 23, United States Code.

    federal-aid highways

    (limitation on obligations)

    (highway trust fund)

    Funds <>  available for the implementation
    or execution of Federal-aid highway and highway safety construction
    programs authorized under titles 23 and 49, United States Code, and the
    provisions of the Fixing America's Surface Transportation (FAST) Act
    (Public Law 114-94) shall not exceed total obligations of
    $46,365,092,000 for fiscal year 2021.

    (liquidation of contract authorization)

    (highway trust fund)

    For the payment of obligations incurred in carrying out Federal-aid
    highway and highway safety construction programs authorized

    [[Page 1836]]

    under title 23, United States Code, $47,104,092,000 derived from the
    Highway Trust Fund (other than the Mass Transit Account), to remain
    available until expended.

    highway infrastructure programs

    There is hereby appropriated to the Secretary $2,000,000,000:
    Provided, That the funds made available under this heading shall be
    derived from the general fund, shall be in addition to any funds
    provided for fiscal year 2021 in this or any other Act for: (1)
    ``Federal-aid Highways'' under chapter 1 of title 23, United States
    Code; or (2) the Appalachian Development Highway System as authorized
    under section 1069(y) of Public Law 102-240, and shall not affect the
    distribution or amount of funds provided in any other
    Act: <>   Provided further, That section 1101(b)
    of Public Law 114-94 shall apply to funds made available under this
    heading:  Provided further, That unless otherwise specified, amounts
    made available under this heading shall be available until September 30,
    2024:  Provided further, That of the funds made available under this
    heading--
    (1) $640,650,000 shall be for activities eligible under
    section 133(b) of title 23, United States Code, and to provide
    necessary charging infrastructure along corridor-ready or
    corridor-pending alternative fuel corridors designated pursuant
    to section 151 of title 23, United States Code;
    (2) $2,700,000 shall be for activities eligible under the
    Puerto Rico Highway Program as described in section 165(b)(2)(C)
    of title 23, United States Code;
    (3) $650,000 shall be for activities eligible under the
    Territorial Highway Program, as described in section 165(c)(6)
    of title 23, United States Code;
    (4) $100,000,000 shall be for the nationally significant
    Federal lands and tribal projects program under section 1123 of
    the FAST Act;
    (5) $1,080,000,000 shall be for a bridge replacement and
    rehabilitation program;
    (6) $100,000,000 shall be for necessary expenses for
    construction of the Appalachian Development Highway System as
    authorized under section 1069(y) of Public Law 102-240;
    (7) $16,000,000 shall be for the national scenic byways
    program under section 162 of title 23, United States Code;
    (8) $50,000,000 shall be for competitive grants for
    activities described in section 130(a) of title 23, United
    States Code;
    (9) $5,000,000 shall be for the Regional Infrastructure
    Accelerator Demonstration Program authorized under section 1441
    of the FAST Act; and
    (10) $5,000,000 shall be for a National Road Network Pilot
    Program for the Federal Highway Administration to create a
    national level, geo-spatial dataset that uses data already
    collected under the Highway Performance Monitoring System:

    Provided further, That <>  for the purposes of funds
    made available under this heading, in paragraph (1) of the fourth
    proviso, the term ``State'' means any of the 50 States or the District
    of Columbia:  Provided further, That <>  the
    funds made available under this heading, in paragraph (1) of the fourth
    proviso, shall be suballocated in the manner described in section 133(d)
    of title 23, United States Code, except that the set-aside described in
    section 133(h) of such

    [[Page 1837]]

    title shall not apply to funds made available under this heading, in
    paragraph (1) of the fourth proviso:  Provided further, That the funds
    made available under this heading, in paragraphs (1), (5), (7), and (8)
    of the fourth proviso, shall be administered as if apportioned under
    chapter 1 of such title: <>   Provided further,
    That, the funds made available under this heading, in paragraph (1) of
    the fourth proviso, shall be apportioned to the States in the same ratio
    as the obligation limitation for fiscal year 2021 is distributed among
    the States in section 120(a)(5) of this Act:  Provided further, That,
    except as provided in the following proviso, the funds made available
    under this heading for activities eligible under the Puerto Rico Highway
    Program and activities eligible under the Territorial Highway Program
    shall be administered as if allocated under sections 165(b) and 165(c),
    respectively, of title 23, United States Code:  Provided further, That
    the funds made available under this heading for activities eligible
    under the Puerto Rico Highway Program shall not be subject to the
    requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such
    title: <>   Provided further, That not less than 25
    percent of the funds made available under this heading for the
    nationally significant Federal lands and tribal projects program under
    section 1123 of the FAST Act shall be for competitive grants to tribal
    governments: <>   Provided further, That for the
    purposes of funds made available under this heading for a bridge
    replacement and rehabilitation program, (1) the term ``State'' means any
    of the 50 States or the District of Columbia, and (2) the term
    ``qualifying State'' means any State in which the percentage of total
    deck area of bridges classified as in poor condition in such State is at
    least 5 percent or in which the percentage of total bridges classified
    as in poor condition in such State is at least 5 percent:  Provided
    further, That, of the funds made available under this heading for a
    bridge replacement and rehabilitation program, the Secretary shall
    reserve $6,000,000 for each State that does not meet the definition of a
    qualifying State:  Provided further, That, <>
    after making the reservations under the preceding proviso, the Secretary
    shall distribute the remaining funds made available under this heading
    for a bridge replacement and rehabilitation program to each qualifying
    State by the proportion that the percentage of total deck area of
    bridges classified as in poor condition in such qualifying State bears
    to the sum of the percentages of total deck area of bridges classified
    as in poor condition in all qualifying States:  Provided further, That
    for the bridge replacement and rehabilitation program:
    (1) no qualifying State shall receive more than $60,000,000;
    (2) each State shall receive an amount not less than
    $6,000,000; and
    (3) after calculating the distribution of funds pursuant to
    the preceding proviso, any amount in excess of $60,000,000 shall
    be redistributed equally among each State that does not meet the
    definition of a qualifying State:

    Provided further, That funds provided to States that do not meet the
    definition of a qualifying State for the bridge replacement and
    rehabilitation program shall be: (1) merged with amounts made available
    to such State under this heading, in paragraph (1) of the fourth
    proviso; (2) available for activities eligible under paragraph (1) of
    the fourth proviso; and (3) administered as if apportioned under chapter
    1 of title 23, United States Code:  Provided further, That, except as
    provided in the preceding proviso, the

    [[Page 1838]]

    funds made available under this heading for a bridge replacement and
    rehabilitation program shall be used for highway bridge replacement or
    rehabilitation projects on public roads:  Provided further, That for
    purposes of this heading for the bridge replacement and rehabilitation
    program, the Secretary shall calculate the percentages of total deck
    area of bridges (including the percentages of total deck area classified
    as in poor condition) and the percentages of total bridge counts
    (including the percentages of total bridges classified as in poor
    condition) based on the National Bridge Inventory as of December 31,
    2018: <>   Provided further, That for the purposes of
    funds made available under this heading for construction of the
    Appalachian Development Highway System, the term ``Appalachian State''
    means a State that contains 1 or more counties (including any political
    subdivision located within the area) in the Appalachian region as
    defined in section 14102(a) of title 40, United States Code:  Provided
    further, That funds made available under this heading for construction
    of the Appalachian Development Highway System shall remain available
    until expended:  Provided further, That a project carried out with funds
    made available under this heading for construction of the Appalachian
    Development Highway System shall be carried out in the same manner as a
    project under section 14501 of title 40, United States Code:  Provided
    further, That <>  subject to the following
    proviso, funds made available under this heading for construction of the
    Appalachian Development Highway System shall be apportioned to
    Appalachian States according to the percentages derived from the 2012
    Appalachian Development Highway System Cost-to-Complete Estimate,
    adopted in Appalachian Regional Commission Resolution Number 736, and
    confirmed as each Appalachian State's relative share of the estimated
    remaining need to complete the Appalachian Development Highway System,
    adjusted to exclude those corridors that such States have no current
    plans to complete, as reported in the 2013 Appalachian Development
    Highway System Completion Report, unless those States have modified and
    assigned a higher priority for completion of an Appalachian Development
    Highway System corridor, as reported in the 2020 Appalachian Development
    Highway System Future Outlook: <>   Provided
    further, That the Secretary shall adjust apportionments made under the
    preceding proviso so that no Appalachian State shall be apportioned an
    amount in excess of 30 percent of the amount made available for
    construction of the Appalachian Development Highway System under this
    heading:  Provided further, That <>  the Secretary
    shall consult with the Appalachian Regional Commission in making
    adjustments under the preceding two provisos:  Provided further, That
    the Federal share of the costs for which an expenditure is made for
    construction of the Appalachian Development Highway System under this
    heading shall be up to 100 percent: <>   Provided
    further, That the funds made available under this heading, in paragraph
    (8) of the fourth proviso, shall be available for projects eligible
    under section 130(a) of title 23, United States Code, for commuter
    authorities, as defined in section 24102(2) of title 49, United States
    Code, that experienced at least one accident investigated by the
    National Transportation Safety Board between January 1, 2008 and
    December 31, 2018, and for which the National Transportation Safety
    Board issued an accident report:  Provided further, That for amounts
    made available under this heading, in paragraphs

    [[Page 1839]]

    (8), (9), and (10) of the fourth proviso, the Federal share of the costs
    shall be, at the option of the recipient, up to 100 percent.

    administrative provisions--federal highway administration

    Sec. 120. (a) <>  For fiscal year 2021, the
    Secretary of Transportation shall--
    (1) not distribute from the obligation limitation for
    Federal-aid highways--
    (A) amounts authorized for administrative expenses
    and programs by section 104(a) of title 23, United
    States Code; and
    (B) amounts authorized for the Bureau of
    Transportation Statistics;
    (2) not distribute an amount from the obligation limitation
    for Federal-aid highways that is equal to the unobligated
    balance of amounts--
    (A) made available from the Highway Trust Fund
    (other than the Mass Transit Account) for Federal-aid
    highway and highway safety construction programs for
    previous fiscal years the funds for which are allocated
    by the Secretary (or apportioned by the Secretary under
    sections 202 or 204 of title 23, United States Code);
    and
    (B) for which obligation limitation was provided in
    a previous fiscal year;
    (3) <>  determine the proportion
    that--
    (A) the obligation limitation for Federal-aid
    highways, less the aggregate of amounts not distributed
    under paragraphs (1) and (2) of this subsection; bears
    to
    (B) the total of the sums authorized to be
    appropriated for the Federal-aid highway and highway
    safety construction programs (other than sums authorized
    to be appropriated for provisions of law described in
    paragraphs (1) through (11) of subsection (b) and sums
    authorized to be appropriated for section 119 of title
    23, United States Code, equal to the amount referred to
    in subsection (b)(12) for such fiscal year), less the
    aggregate of the amounts not distributed under
    paragraphs (1) and (2) of this subsection;
    (4) distribute the obligation limitation for Federal-aid
    highways, less the aggregate amounts not distributed under
    paragraphs (1) and (2), for each of the programs (other than
    programs to which paragraph (1) applies) that are allocated by
    the Secretary under the Fixing America's Surface Transportation
    Act and title 23, United States Code, or apportioned by the
    Secretary under sections 202 or 204 of that title, by
    multiplying--
    (A) the proportion determined under paragraph (3);
    by
    (B) the amounts authorized to be appropriated for
    each such program for such fiscal year; and
    (5) distribute the obligation limitation for Federal-aid
    highways, less the aggregate amounts not distributed under
    paragraphs (1) and (2) and the amounts distributed under
    paragraph (4), for Federal-aid highway and highway safety
    construction programs that are apportioned by the Secretary
    under

    [[Page 1840]]

    title 23, United States Code (other than the amounts apportioned
    for the National Highway Performance Program in section 119 of
    title 23, United States Code, that are exempt from the
    limitation under subsection (b)(12) and the amounts apportioned
    under sections 202 and 204 of that title) in the proportion
    that--
    (A) amounts authorized to be appropriated for the
    programs that are apportioned under title 23, United
    States Code, to each State for such fiscal year; bears
    to
    (B) the total of the amounts authorized to be
    appropriated for the programs that are apportioned under
    title 23, United States Code, to all States for such
    fiscal year.

    (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations under
    or for--
    (1) section 125 of title 23, United States Code;
    (2) section 147 of the Surface Transportation Assistance Act
    of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
    (3) section 9 of the Federal-Aid Highway Act of 1981 (95
    Stat. 1701);
    (4) subsections (b) and (j) of section 131 of the Surface
    Transportation Assistance Act of 1982 (96 Stat. 2119);
    (5) subsections (b) and (c) of section 149 of the Surface
    Transportation and Uniform Relocation Assistance Act of 1987
    (101 Stat. 198);
    (6) sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991 (105 Stat. 2027);
    (7) section 157 of title 23, United States Code (as in
    effect on June 8, 1998);
    (8) section 105 of title 23, United States Code (as in
    effect for fiscal years 1998 through 2004, but only in an amount
    equal to $639,000,000 for each of those fiscal years);
    (9) Federal-aid highway programs for which obligation
    authority was made available under the Transportation Equity Act
    for the 21st Century (112 Stat. 107) or subsequent Acts for
    multiple years or to remain available until expended, but only
    to the extent that the obligation authority has not lapsed or
    been used;
    (10) section 105 of title 23, United States Code (as in
    effect for fiscal years 2005 through 2012, but only in an amount
    equal to $639,000,000 for each of those fiscal years);
    (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
    Stat. 1248), to the extent that funds obligated in accordance
    with that section were not subject to a limitation on
    obligations at the time at which the funds were initially made
    available for obligation; and
    (12) section 119 of title 23, United States Code (but, for
    each of fiscal years 2013 through 2021, only in an amount equal
    to $639,000,000).

    (c) <>  Redistribution of Unused Obligation
    Authority.--Notwithstanding subsection (a), the Secretary shall, after
    August 1 of such fiscal year--
    (1) <>  revise a distribution of the
    obligation limitation made available under subsection (a) if an
    amount distributed cannot be obligated during that fiscal year;
    and
    (2) <>  redistribute sufficient amounts to
    those States able to obligate amounts in addition to those
    previously distributed

    [[Page 1841]]

    during that fiscal year, giving priority to those States having
    large unobligated balances of funds apportioned under sections
    144 (as in effect on the day before the date of enactment of
    Public Law 112-141) and 104 of title 23, United States Code.

    (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--
    (1) In general.--Except as provided in paragraph (2), the
    obligation limitation for Federal-aid highways shall apply to
    contract authority for transportation research programs carried
    out under--
    (A) chapter 5 of title 23, United States Code; and
    (B) title VI of the Fixing America's Surface
    Transportation Act.
    (2) Exception.--Obligation authority made available under
    paragraph (1) shall--
    (A) <>  remain available for a
    period of 4 fiscal years; and
    (B) be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and
    highway safety construction programs for future fiscal
    years.
    (e) Redistribution of certain authorized funds.--
    (1) <>  In general.--Not later than 30 days
    after the date of distribution of obligation limitation under
    subsection (a), the Secretary shall distribute to the States any
    funds (excluding funds authorized for the program under section
    202 of title 23, United States Code) that--
    (A) are authorized to be appropriated for such
    fiscal year for Federal-aid highway programs; and
    (B) <>  the Secretary
    determines will not be allocated to the States (or will
    not be apportioned to the States under section 204 of
    title 23, United States Code), and will not be available
    for obligation, for such fiscal year because of the
    imposition of any obligation limitation for such fiscal
    year.
    (2) Ratio.--Funds shall be distributed under paragraph (1)
    in the same proportion as the distribution of obligation
    authority under subsection (a)(5).
    (3) Availability.--Funds distributed to each State under
    paragraph (1) shall be available for any purpose described in
    section 133(b) of title 23, United States Code.

    Sec. 121.  Notwithstanding <>  31 U.S.C. 3302,
    funds received by the Bureau of Transportation Statistics from the sale
    of data products, for necessary expenses incurred pursuant to chapter 63
    of title 49, United States Code, may be credited to the Federal-aid
    highways account for the purpose of reimbursing the Bureau for such
    expenses:  Provided, That such funds shall be subject to the obligation
    limitation for Federal-aid highway and highway safety construction
    programs.

    Sec. 122.  Not <>  less than 15 days prior to
    waiving, under his or her statutory authority, any Buy America
    requirement for Federal-aid highways projects, the Secretary of
    Transportation shall make an informal public notice and comment
    opportunity on the intent to issue such waiver and the reasons therefor:
    Provided, That the <>  Secretary shall provide an
    annual report to the House and Senate Committees on Appropriations on
    any waivers granted under the Buy America requirements.

    [[Page 1842]]

    Sec. 123.  None <>  of
    the funds made available in this Act may be used to make a grant for a
    project under section 117 of title 23, United States Code, unless the
    Secretary, at least 60 days before making a grant under that section,
    provides written notification to the House and Senate Committees on
    Appropriations of the proposed grant, including an evaluation and
    justification for the project and the amount of the proposed grant
    award:  Provided, That the written notification required in the
    preceding proviso shall be made not later than 180 days after the date
    of enactment of this Act.

    Sec. 124. (a) A State or territory, as defined in section 165 of
    title 23, United States Code, may use for any project eligible under
    section 133(b) of title 23 or section 165 of title 23 and located within
    the boundary of the State or territory any earmarked amount, and any
    associated obligation limitation: <>
    Provided, That the Department of Transportation for the State or
    territory for which the earmarked amount was originally designated or
    directed notifies the Secretary of its intent to use its authority under
    this section and submits an annual report to the Secretary identifying
    the projects to which the funding would be applied. <>  Notwithstanding the original period of availability of funds
    to be obligated under this section, such funds and associated obligation
    limitation shall remain available for obligation for a period of 3
    fiscal years after the fiscal year in which the Secretary is notified.
    The Federal share of the cost of a project carried out with funds made
    available under this section shall be the same as associated with the
    earmark.

    (b) <>  In this section, the term ``earmarked
    amount'' means--
    (1) congressionally directed spending, as defined in rule
    XLIV of the Standing Rules of the Senate, identified in a prior
    law, report, or joint explanatory statement, and administered by
    the Federal Highway Administration; or
    (2) a congressional earmark, as defined in rule XXI of the
    Rules of the House of Representatives, identified in a prior
    law, report, or joint explanatory statement, and administered by
    the Federal Highway Administration.

    (c) <>  The
    authority under subsection (a) may be exercised only for those projects
    or activities that have obligated less than 10 percent of the amount
    made available for obligation as of October 1 of the current fiscal
    year, and shall be applied to projects within the same general
    geographic area within 25 miles for which the funding was designated,
    except that a State or territory may apply such authority to unexpended
    balances of funds from projects or activities the State or territory
    certifies have been closed and for which payments have been made under a
    final voucher.

    (d) <>  The Secretary shall submit consolidated
    reports of the information provided by the States and territories
    annually to the House and Senate Committees on Appropriations.

    Sec. 125.  Until <>  final guidance is
    published, the Administrator of the Federal Highway Administration shall
    adjudicate requests for Buy America waivers under the criteria that were
    in effect prior to April 17, 2018.

    [[Page 1843]]

    Federal Motor Carrier Safety Administration

    motor carrier safety operations and programs

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    (including transfers of funds)

    For payment of obligations incurred in the implementation, execution
    and administration of motor carrier safety operations and programs
    pursuant to section 31110 of title 49, United States Code, as amended by
    the Fixing America's Surface Transportation Act (Public Law 114-94),
    $328,143,124, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account), of which $9,896,127 is to be transferred and made
    available from prior year unobligated contract authority provided for
    National Motor Carrier Safety Program or Motor Carrier Safety in the
    Transportation Equity Act for the 21st Century (Public Law 105-178),
    SAFETEA-LU (Public Law 109-59), or other appropriations or authorization
    Acts, together with advances and reimbursements received by the Federal
    Motor Carrier Safety Administration, the sum of which shall remain
    available until expended:  Provided, That funds available for
    implementation, execution, or administration of motor carrier safety
    operations and programs authorized under title 49, United States Code,
    shall not exceed total obligations of $328,143,124, for ``Motor Carrier
    Safety Operations and Programs'' for fiscal year 2021, of which
    $9,073,000, to remain available for obligation until September 30, 2023,
    is for the research and technology program, and of which not less than
    $75,447,124, to remain available for obligation until September 30,
    2023, is for development, modernization, enhancement, continued
    operation, and maintenance of information technology and information
    management.

    motor carrier safety grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    (including transfers of funds)

    For payment of obligations incurred in carrying out sections 31102,
    31103, 31104, and 31313 of title 49, United States Code, as amended by
    the Fixing America's Surface Transportation Act (Public Law 114-94),
    $389,800,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended:  Provided,
    That funds available for the implementation or execution of motor
    carrier safety programs shall not exceed total obligations of
    $389,800,000 in fiscal year 2021 for ``Motor Carrier Safety Grants'':
    Provided further, That of the sums appropriated under this heading:

    [[Page 1844]]

    (1) $308,700,000 shall be available for the motor carrier
    safety assistance program;
    (2) $33,200,000 shall be available for the commercial
    driver's license program implementation program;
    (3) $45,900,000 shall be available for the high priority
    activities program, of which $1,000,000 is to be made available
    from prior year unobligated contract authority provided for
    Motor Carrier Safety Grants in the Transportation Equity Act for
    the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law
    109-59), or other appropriations or authorization Acts; and
    (4) $2,000,000 shall be made available for commercial motor
    vehicle operators grants, of which $1,000,000 is to be made
    available from prior year unobligated contract authority
    provided for Motor Carrier Safety Grants in the Transportation
    Equity Act for the 21st Century (Public Law 105-178), SAFETEA-LU
    (Public Law 109-59), or other appropriations or authorization
    Acts:

    Provided further, That <>  of the unobligated amounts
    provided for Motor Carrier Safety Grants in the Transportation Equity
    Act for the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law
    109-59), the FAST Act (Public Law 114-94) or other appropriation or
    authorization acts prior to fiscal year 2021, $30,000,000 in additional
    obligation limitation, shall be transferred and made available for a
    study of the cause of large truck crashes and shall remain available
    until expended:  Provided further, That the activities funded by the
    previous proviso may be accomplished through direct expenditure, direct
    research activities, grants, cooperative agreements, contracts, intra or
    interagency agreements, or other agreements with public organizations:
    Provided further, That such amounts, payments, and obligation limitation
    as may be necessary to carry out the study of the cause of large truck
    crashes may be transferred and credited to appropriate accounts of other
    participating Federal agencies:  Provided further, That $30,000,000 for
    payment of obligations incurred in carrying out this section shall be
    derived from the Highway Trust Fund (other than the Mass Transit
    Account), to be available until expended.

    administrative provisions--federal motor carrier safety administration

    Sec. 130.  The <>  Federal Motor Carrier Safety
    Administration shall send notice of section 385.308 of title 49, Code of
    Federal Regulations, violations by certified mail, registered mail, or
    another manner of delivery, which records the receipt of the notice by
    the persons responsible for the violations.

    Sec. 131.  The <>  Federal
    Motor Carrier Safety Administration shall update annual inspection
    regulations under Appendix G to subchapter B of chapter III of title 49,
    Code of Federal Regulations, as recommended by GAO-19-264.

    Sec. 132.  None of the funds appropriated or otherwise made
    available to the Department of Transportation by this Act or any other
    Act may be obligated or expended to implement, administer, or enforce
    the requirements of section 31137 of title 49, United States Code, or
    any regulation issued by the Secretary pursuant to such section, with
    respect to the use of electronic logging devices by operators of
    commercial motor vehicles, as defined in section

    [[Page 1845]]

    31132(1) of such title, transporting livestock as defined in section 602
    of the Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471)
    or insects.

    National Highway Traffic Safety Administration

    operations and research

    For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety authorized under chapter 301
    and part C of subtitle VI of title 49, United States Code, $194,167,000,
    of which $40,000,000 shall remain available through September 30, 2022.

    operations and research

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, including behavioral research on Automated Driving
    Systems and Advanced Driver Assistance Systems and improving consumer
    responses to safety recalls, section 4011 of the Fixing America's
    Surface Transportation Act (Public Law 114-94), and chapter 303 of title
    49, United States Code, $155,300,000, to be derived from the Highway
    Trust Fund (other than the Mass Transit Account) and to remain available
    until expended:  Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2021, are in excess of
    $155,300,000:  Provided further, That of the sums appropriated under
    this heading--
    (1) $149,800,000 shall be for programs authorized under 23
    U.S.C. 403, including behavioral research on Automated Driving
    Systems and Advanced Driver Assistance Systems and improving
    consumer responses to safety recalls, and section 4011 of the
    Fixing America's Surface Transportation Act (Public Law 114-94);
    and
    (2) $5,500,000 shall be for the National Driver Register
    authorized under chapter 303 of title 49, United States Code:

    Provided further, That within the $155,300,000 obligation limitation
    for operations and research, $20,000,000 shall remain available until
    September 30, 2022, and $3,000,000, for impaired driving detection,
    shall remain available until expended, and shall be in addition to the
    amount of any limitation imposed on obligations for future years:
    Provided further, That amounts for behavioral research on Automated
    Driving Systems and Advanced Driver Assistance Systems and improving
    consumer responses to safety recalls are in addition to any other funds
    provided for those purposes for fiscal year 2021 in this Act.

    [[Page 1846]]

    highway traffic safety grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in carrying out provisions of 23
    U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
    Surface Transportation Act (Public Law 114-94), to remain available
    until expended, $623,017,000, to be derived from the Highway Trust Fund
    (other than the Mass Transit Account):  Provided, That none of the funds
    in this Act shall be available for the planning or execution of programs
    for which the total obligations in fiscal year 2021 are in excess of
    $623,017,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
    and section 4001(a)(6) of the Fixing America's Surface Transportation
    Act:  Provided further, That of the sums appropriated under this
    heading--
    (1) $279,800,000 shall be for ``Highway Safety Programs''
    under 23 U.S.C. 402;
    (2) $285,900,000 shall be for ``National Priority Safety
    Programs'' under 23 U.S.C. 405;
    (3) $30,500,000 shall be for the ``High Visibility
    Enforcement Program'' under 23 U.S.C. 404; and
    (4) $26,817,000 shall be for ``Administrative Expenses''
    under section 4001(a)(6) of the Fixing America's Surface
    Transportation Act:

    Provided further, That none of these funds shall be used for
    construction, rehabilitation, or remodeling costs, or for office
    furnishings and fixtures for State, local or private buildings or
    structures:  Provided further, That not to exceed $500,000 of the funds
    made available for ``National Priority Safety Programs'' under 23 U.S.C.
    405 for ``Impaired Driving Countermeasures'' (as described in subsection
    (d) of that section) shall be available for technical assistance to the
    States:  Provided further, That with respect to the ``Transfers''
    provision under 23 U.S.C. 405(a)(8), any amounts transferred to increase
    the amounts made available under section 402 shall include the
    obligation authority for such amounts:  Provided further,
    That <>  the Administrator shall notify
    the House and Senate Committees on Appropriations of any exercise of the
    authority granted under the previous proviso or under 23 U.S.C.
    405(a)(8) within 5 days.

    administrative provisions--national highway traffic safety
    administration

    Sec. 140.  An additional $130,000 shall be made available to the
    National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
    Sec. 141.  The limitations on obligations for the programs of the
    National Highway Traffic Safety Administration set in this Act shall not
    apply to obligations for which obligation authority was made available
    in previous public laws but only to the extent that the obligation
    authority has not lapsed or been used.

    [[Page 1847]]

    Sec. 142.  In addition to the amounts made available under the
    heading, ``Operations and Research (Liquidation of Contract
    Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
    carrying out the provisions of section 403 of title 23, United States
    Code, $17,000,000, to remain available until September 30, 2022, shall
    be made available to the National Highway Traffic Safety Administration
    from the general fund:  Provided, That of the sums provided under this
    provision--
    (1) not to exceed $7,000,000 shall be available to provide
    funding for grants, pilot program activities, and innovative
    solutions to reduce impaired-driving fatalities in collaboration
    with eligible entities under section 403 of title 23, United
    States Code; and
    (2) not to exceed $10,000,000 shall be available to continue
    a high visibility enforcement paid-media campaign regarding
    highway-rail grade crossing safety in collaboration with the
    Federal Railroad Administration.

    Sec. 143.  None of the funds in this Act or any other Act shall be
    used to enforce the requirements of section 405(a)(9) of title 23,
    United States Code.

    Federal Railroad Administration

    safety and operations

    For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $234,905,000, of which $25,000,000 shall remain
    available until expended.

    railroad research and development

    For necessary expenses for railroad research and development,
    $41,000,000, to remain available until expended.

    federal-state partnership for state of good repair

    For necessary expenses related to Federal-State Partnership for
    State of Good Repair Grants as authorized by section 24911 of title 49,
    United States Code, $200,000,000, to remain available until expended:
    Provided, That expenses incidental to the acquisition or construction
    (including designing, engineering, location surveying, mapping,
    environmental studies, and acquiring rights-of-way) of a capital project
    as defined under section 24911(a)(2) of title 49, United States Code,
    are eligible for funding independently or in conjunction with proposed
    funding for construction:  Provided further, That the Secretary may
    withhold up to 1 percent of the amount provided under this heading for
    the costs of award and project management oversight of grants carried
    out under section 24911 of title 49, United States Code.

    consolidated rail infrastructure and safety improvements

    (including transfer of funds)

    For necessary expenses related to Consolidated Rail Infrastructure
    and Safety Improvements Grants, as authorized by section 22907 of title
    49, United States Code, $375,000,000, to remain

    [[Page 1848]]

    available until expended:  Provided, That of the amounts made available
    under this heading--
    (1) not less than $75,000,000 shall be for projects eligible
    under section 22907(c)(2) of title 49, United States Code, that
    support the development of new intercity passenger rail service
    routes including alignments for existing routes:  Provided, That
    the Secretary shall give preference for pre-construction
    elements including preliminary engineering and final design of
    such projects; and
    (2) not less than $25,000,000 shall be for capital projects
    and engineering solutions targeting trespassing:  Provided, That
    the Secretary shall give preference for such projects that are
    located in counties with the most pedestrian trespasser
    casualties as identified in the Federal Railroad
    Administration's National Strategy to Prevent Trespassing on
    Railroad Property:

    Provided further, That section 22905(f) of title 49, United States Code,
    shall not apply to projects for the implementation of positive train
    control systems otherwise eligible under section 22907(c)(1) of title
    49, United States Code:  Provided further, That amounts made available
    under this heading for projects selected for commuter rail passenger
    transportation may be transferred by the Secretary, after selection, to
    the appropriate agencies to be administered in accordance with chapter
    53 of title 49, United States Code:  Provided further, That the
    Secretary shall not limit eligible projects from consideration for
    funding for planning, engineering, environmental, construction, and
    design elements of the same project in the same application:  Provided
    further, That for amounts available under this heading eligible
    recipients under section 22907(b) of title 49, United States Code, shall
    include any holding company of a Class II railroad or Class III railroad
    (as those terms are defined in section 20102 of title 49, United States
    Code):  Provided further, That <>  unobligated
    balances remaining after 6 years from the date of enactment of this Act
    may be used for any eligible project under section 22907(c) of title 49,
    United States Code:  Provided further, That the Secretary may withhold
    up to 1 percent of the amount provided under this heading for the costs
    of award and project management oversight of grants carried out under
    section 22907 of title 49, United States Code.

    magnetic levitation technology deployment program

    For necessary expenses related to the deployment of magnetic
    levitation transportation projects, consistent with language in
    subsections (a) through (c) of section 1307 of SAFETEA-LU (Public Law
    109-59), as amended by section 102 of the SAFETEA-LU Technical
    Corrections Act of 2008 (Public Law 110-244) (23 U.S.C. 322 note),
    $2,000,000, to remain available until expended.

    restoration and enhancement

    For necessary expenses related to Restoration and Enhancement
    Grants, as authorized by section 24408 of title 49, United States Code,
    $4,720,000, to remain available until expended:  Provided, That the
    Secretary may withhold up to 1 percent of the funds provided under this
    heading to fund the costs of award and project management and oversight.

    [[Page 1849]]

    northeast corridor grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the Northeast Corridor as authorized by section 11101(a) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $700,000,000, to remain available until expended:  Provided, That the
    Secretary may retain up to one-half of 1 percent of the funds provided
    under both this heading and the ``National Network Grants to the
    National Railroad Passenger Corporation'' heading to fund the costs of
    project management and oversight of activities authorized by section
    11101(c) of division A of Public Law 114-94:  Provided further, That in
    addition to the project management oversight funds authorized under
    section 11101(c) of division A of Public Law 114-94, the Secretary may
    retain up to an additional $5,000,000 of the funds provided under this
    heading to fund expenses associated with the Northeast Corridor
    Commission established under section 24905 of title 49, United States
    Code:  Provided further, That of the amounts made available under this
    heading and the ``National Network Grants to the National Railroad
    Passenger Corporation'' heading, not less than $75,000,000 shall be made
    available to bring Amtrak-served facilities and stations into compliance
    with the Americans with Disabilities Act:  Provided further, That of the
    amounts made available under this heading and the ``National Network
    Grants to the National Railroad Passenger Corporation'' heading,
    $100,000,000 shall be made available to fund the replacement of the
    single-level passenger cars used on the Northeast Corridor, State-
    supported routes, and long-distance routes, as such terms are defined in
    section 24102 of title 49, United States Code.

    national network grants to the national railroad passenger corporation

    To enable the Secretary of Transportation to make grants to the
    National Railroad Passenger Corporation for activities associated with
    the National Network as authorized by section 11101(b) of the Fixing
    America's Surface Transportation Act (division A of Public Law 114-94),
    $1,300,000,000, to remain available until expended:  Provided, That the
    Secretary may retain up to an additional $2,000,000 of the funds
    provided under this heading to fund expenses associated with the State-
    Supported Route Committee established under section 24712 of title 49,
    United States Code:  Provided further, That at least $50,000,000 of the
    amount provided under this heading shall be available for the
    development, installation and operation of railroad safety technology,
    including the implementation of a positive train control system, on
    State-supported routes as defined under section 24102(13) of title 49,
    United States Code, on which positive train control systems are not
    required by law or regulation:  Provided further, That none of the funds
    provided under this heading shall be used by Amtrak to give notice under
    subsection (a) or (b) of section 24706 of title 49, United States Code,
    with respect to long-distance routes (as defined in section 24102 of
    title 49, United States Code) on which Amtrak is the sole operator on a
    host railroad's line and a positive train control system is not required
    by law or regulation, or, except in an emergency or during maintenance
    or construction outages

    [[Page 1850]]

    impacting such routes, to otherwise discontinue, reduce the frequency
    of, suspend, or substantially alter the route of rail service on any
    portion of such route operated in fiscal year 2018, including
    implementation of service permitted by section 24305(a)(3)(A) of title
    49, United States Code, in lieu of rail service.

    administrative provisions--federal railroad administration

    (including rescissions)

    Sec. 150.  None of the funds made available to the National Railroad
    Passenger Corporation may be used to fund any overtime costs in excess
    of $35,000 for any individual employee:  Provided, That
    the <>  President of Amtrak may
    waive the cap set in the preceding proviso for specific employees when
    the President of Amtrak determines such a cap poses a risk to the safety
    and operational efficiency of the system: <>   Provided further, That the President of Amtrak shall report
    to the House and Senate Committees on Appropriations no later than 60
    days after the date of enactment of this Act, a summary of all overtime
    payments incurred by Amtrak for 2020 and the 3 prior calendar years:
    Provided further, That such summary shall include the total number of
    employees that received waivers and the total overtime payments Amtrak
    paid to employees receiving waivers for each month for 2020 and for the
    3 prior calendar years.

    Sec. 151.  None of the funds made available to the National Railroad
    Passenger Corporation under the headings ``Northeast Corridor Grants to
    the National Railroad Passenger Corporation'' and ``National Network
    Grants to the National Railroad Passenger Corporation'' may be used to
    reduce the total number of Amtrak Police Department uniformed officers
    patrolling on board passenger trains or at stations, facilities or
    rights-of-way below the staffing level on May 1, 2019.
    Sec. 152.  None of the funds made available by this Act may be used
    by the National Railroad Passenger Corporation in contravention of the
    Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et
    seq.).
    Sec. 153.  The matter under the heading ``Department of
    Transportation--Federal Railroad Administration--Consolidated Rail
    Infrastructure and Safety Improvements''--
    (1) in division G of the Consolidated Appropriations Act,
    2019 (Public Law 116-6) <>  is amended by
    striking ``4 years'' and inserting ``6 years'' in the fourth
    proviso; and
    (2) in division H of the Further Consolidated Appropriations
    Act, 2020 (Public Law 116-94) <>  is
    amended by striking ``4 years'' and inserting ``6 years'' in the
    fourth proviso.

    Sec. 154.  Of the unobligated balances of funds remaining from--
    (1) ``Capital and Debt Service Grants to the National
    Railroad Passenger Corporation'' accounts totaling
    $10,458,135.54 appropriated by the following public laws are
    hereby permanently rescinded:
    (A) Public Law 112-10 a total of $289,234.48;
    (B) Public Law 112-55 a total of $4,760,000.00;
    (C) Public Law 113-76 a total of $792,502.52;
    (D) Public Law 113-235 a total of $1,698,806.61; and
    (E) Public Law 114-113 a total of $2,917,591.93;

    [[Page 1851]]

    (2) ``Railroad Safety Technology Program'' account totaling
    $613,252.29 appropriated by Public Law 111-117 is hereby
    permanently rescinded;
    (3) ``Capital Assistance to States--Intercity Passenger Rail
    Service'' account totaling $10,164,885.13 appropriated by Public
    Law 111-8 is hereby permanently rescinded;
    (4) ``Rail Line Relocation and Improvement Program''
    accounts totaling $12,650,365.14 appropriated by the following
    public laws are hereby permanently rescinded:
    (A) Public Law 110-161 a total of $923,214.63;
    (B) Public Law 111-8 a total of $5,558,233.95;
    (C) Public Law 111-117 a total of $3,763,767.95; and
    (D) Public Law 112-10 a total of $2,405,148.61; and
    (5) ``Next Generation High-Speed Rail'' accounts totaling
    $3,034,848.52 appropriated by the following public laws are
    hereby permanently rescinded:
    (A) Public Law 104-50 a total of $610,807.00;
    (B) Public Law 104-205 a total of $5,963.71;
    (C) Public Law 105-66 a total of $1,218,742.47;
    (D) Public Law 105-277 a total of $17,097.00;
    (E) Public Law 106-69 a total of $1,005,969.00;
    (F) Public Law 108-7 a total of $43,951.57;
    (G) Public Law 108-199 a total of $24,263.48; and
    (H) Public Law 108-447 a total of $108,054.29.

    Sec. 155.  It is the sense of Congress that--
    (1) long-distance passenger rail routes provide much-needed
    transportation access for 4,700,000 riders in 325 communities in
    40 States and are particularly important in rural areas; and
    (2) long-distance passenger rail routes and services should
    be sustained to ensure connectivity throughout the National
    Network (as defined in section 24102 of title 49, United States
    Code).

    Federal Transit Administration

    administrative expenses

    For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $121,052,000 which shall remain available until September
    30, 2022, and up to $1,000,000 shall be available to carry out the
    provisions of section 5326 of such title:  Provided, That
    upon <>  submission to the Congress of the fiscal year
    2022 President's budget, the Secretary of Transportation shall transmit
    to Congress the annual report on Capital Investment Grants, including
    proposed allocations for fiscal year 2022.

    transit formula grants

    (liquidation of contract authorization)

    (limitation on obligations)

    (highway trust fund)

    For payment of obligations incurred in the Federal Public
    Transportation Assistance Program in this account, and for payment

    [[Page 1852]]

    of obligations incurred in carrying out the provisions of 49 U.S.C.
    5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
    and 5340, as amended by the Fixing America's Surface Transportation Act,
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, $10,800,000,000, to be
    derived from the Mass Transit Account of the Highway Trust Fund and to
    remain available until expended:  Provided, That funds available for the
    implementation or execution of programs authorized under 49 U.S.C. 5305,
    5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
    5340, as amended by the Fixing America's Surface Transportation Act,
    section 20005(b) of Public Law 112-141, and section 3006(b) of the
    Fixing America's Surface Transportation Act, shall not exceed total
    obligations of $10,150,348,462 in fiscal year 2021:  Provided further,
    That the Federal share of the cost of activities carried out under 49
    U.S.C. section 5312 shall not exceed 80 percent, except that if there is
    substantial public interest or benefit, the Secretary may approve a
    greater Federal share.

    transit infrastructure grants

    For an additional amount for buses and bus facilities grants under
    section 5339 of title 49, United States Code, low or no emission grants
    under section 5339(c) of such title, formula grants to rural areas under
    section 5311 of such title, high density state apportionments under
    section 5340(d) of such title, state of good repair grants under section
    5337 of such title, ferry boats grants under section 5307(h) of such
    title, bus testing facilities under section 5318 of such title, grants
    to areas of persistent poverty, innovative mobility solutions grants
    under section 5312 of such title, and accelerating innovative mobility
    initiative grants under section 5312 such title, $516,220,000, to remain
    available until expended:  Provided, That of the sums provided under
    this heading--
    (1) $243,000,000 shall be available for the buses and bus
    facilities grants as authorized under section 5339 of such
    title, of which $118,000,000 shall be available for the buses
    and bus facilities formula grants as authorized under section
    5339(a) of such title, and $125,000,000 shall be available for
    buses and bus facilities competitive grants as authorized under
    section 5339(b) of such title;
    (2) $125,000,000 shall be available for the low or no
    emission grants as authorized under section 5339(c) of such
    title:  Provided, That the minimum grant award shall be not less
    than $750,000;
    (3) $40,000,000 shall be available for formula grants for
    rural areas as authorized under section 5311 of such title;
    (4) $40,000,000 shall be available for the high density
    state apportionments as authorized under section 5340(d) of such
    title;
    (5) $40,000,000 shall be available for state of good repair
    grants as authorized under section 5337 of such title;
    (6) $8,000,000 shall be available for ferry boat grants as
    authorized under section 5307(h) of such title:  Provided, That
    of the amounts provided under this subparagraph, $4,000,000
    shall only be available for low or zero-emission ferries or
    ferries using electric battery or fuel cell components and the
    infrastructure to support such ferries;

    [[Page 1853]]

    (7) $2,000,000 shall be available for the operation and
    maintenance of the bus testing facilities selected under section
    5318 of such title;
    (8) $16,220,000 shall be available for competitive grants to
    eligible entities to assist areas of persistent poverty:
    Provided, That <>  the term ``areas of
    persistent poverty'' means any county that has consistently had
    greater than or equal to 20 percent of the population living in
    poverty during the 30 year period preceding the date of
    enactment of this Act, as measured by the 1990 and 2000
    decennial census and the most recent Small Area Income and
    Poverty Estimates as estimated by the Bureau of the Census; any
    census tract with a poverty rate of at least 20 percent as
    measured by the 2014-2018 5-year data series available from the
    American Community Survey of the Bureau of the Census; or any
    territory or possession of the United States: <>
    Provided further, That grants shall be for planning,
    engineering, or development of technical or financing plans for
    projects eligible under chapter 53 of title 49, United States
    Code:  Provided further, That eligible entities are those
    defined as eligible recipients or subrecipients under sections
    5307, 5310 or 5311 of title 49, United States Code, and are in
    areas of persistent poverty:  Provided further, That the Federal
    Transit Administration should complete outreach to such counties
    and the departments of transportation within applicable States
    via personal contact, webinars, web materials and other
    appropriate methods determined by the Administrator of the
    Federal Transit Administration:  Provided further, That State
    departments of transportation may apply on behalf of eligible
    entities within their States:  Provided further, That the
    Federal Transit Administration should encourage grantees to work
    with non-profits or other entities of their choosing in order to
    develop planning, technical, engineering, or financing plans:
    Provided further, That the Federal Transit Administration shall
    encourage grantees to partner with non-profits that can assist
    with making projects low or no emissions;
    (9) $1,000,000 shall be available for the demonstration and
    deployment of innovative mobility solutions as authorized under
    section 5312 of title 49, United States Code:  Provided, That
    such amounts shall be available for competitive grants or
    cooperative agreements for the development of software to
    facilitate the provision of demand-response public
    transportation service that dispatches public transportation
    fleet vehicles through riders mobile devices or other advanced
    means:  Provided further, That <>  the
    Secretary shall evaluate the potential for software developed
    with grants or cooperative agreements to be shared for use by
    public transportation agencies; and
    (10) $1,000,000 shall be for the accelerating innovative
    mobility initiative as authorized under section 5312 of title
    49, United States Code:  Provided, That such amounts shall be
    available for competitive grants to improve mobility and enhance
    the rider experience with a focus on innovative service delivery
    models, creative financing, novel partnerships, and integrated
    payment solutions in order to help disseminate proven innovation
    mobility practices throughout the public transportation
    industry:

    [[Page 1854]]

    Provided further, That projects funded under paragraph (8) of this
    heading shall be for not less than 90 percent of the net total project
    cost:  Provided further, That amounts made available by this heading
    shall be derived from the general fund:  Provided further, That the
    amounts made available under this heading shall not be subject to any
    limitation on obligations for transit programs set forth in any Act.

    technical assistance and training

    For necessary expenses to carry out section 5314 of title 49, United
    States Code, $7,500,000, to remain available until September 30, 2022:
    Provided, That the assistance provided under this heading does not
    duplicate the activities of section 5311(b) or section 5312 of title 49,
    United States Code.

    capital investment grants

    For necessary expenses to carry out fixed guideway capital
    investment grants under section 5309 of title 49, United States Code,
    and section 3005(b) of the Fixing America's Surface Transportation Act
    (Public Law 114-94), $2,014,000,000, to remain available until September
    30, 2024:  Provided, That of the amounts made available under this
    heading, $1,169,000,000 shall be available for projects authorized under
    section 5309(d) of title 49, United States Code, $525,000,000 shall be
    available for projects authorized under section 5309(e) of title 49,
    United States Code, $200,000,000 shall be available for projects
    authorized under section 5309(h) of title 49, United States Code, and
    $100,000,000 shall be available for projects authorized under section
    3005(b) of the Fixing America's Surface Transportation
    Act: <>   Provided further, That the Secretary
    shall continue to administer the capital investment grants program in
    accordance with the procedural and substantive requirements of section
    5309 of title 49, United States Code, and of section 3005(b) of the
    Fixing America's Surface Transportation Act:  Provided further, That
    projects that receive a grant agreement under the Expedited Project
    Delivery for Capital Investment Grants Pilot Program under section
    3005(b) of the Fixing America's Surface Transportation Act shall be
    deemed eligible for funding provided for projects under section 5309 of
    title 49, United States Code, without further evaluation or rating under
    such section:  Provided further, That such funding shall not exceed the
    Federal share under section 3005(b):  Provided Further, That funds
    allocated pursuant to 49 U.S.C. 5309 to any project during fiscal years
    2015 or 2017 shall remain allocated to that project until December 31,
    2021.

    grants to the washington metropolitan area transit authority

    For grants to the Washington Metropolitan Area Transit Authority as
    authorized under section 601 of division B of the Passenger Rail
    Investment and Improvement Act of 2008 (Public Law 110-432),
    $150,000,000, to remain available until expended:  Provided, That the
    Secretary of Transportation shall approve grants for capital and
    preventive maintenance expenditures for the Washington Metropolitan Area
    Transit Authority only after receiving and reviewing a request for each
    specific project:  Provided further,

    [[Page 1855]]

    That the Secretary <>  shall determine that the
    Washington Metropolitan Area Transit Authority has placed the highest
    priority on those investments that will improve the safety of the system
    before approving such grants: <>   Provided
    further, That the Secretary, in order to ensure safety throughout the
    rail system, may waive the requirements of section 601(e)(1) of division
    B of the Passenger Rail Investment and Improvement Act of 2008 (Public
    Law 110-432).

    administrative provisions--federal transit administration

    (including rescissions)

    Sec. 160.  The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under 49
    U.S.C. 5338, previously made available for obligation, or to any other
    authority previously made available for obligation.
    Sec. 161.  Notwithstanding any other provision of law, funds
    appropriated or limited by this Act under the heading ``Capital
    Investment Grants'' of the Federal Transit Administration for projects
    specified in this Act or identified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) not obligated by September 30, 2024, and other
    recoveries, shall be directed to projects eligible to use the funds for
    the purposes for which they were originally provided.
    Sec. 162.  Notwithstanding <>  any other
    provision of law, any funds appropriated before October 1, 2020, under
    any section of chapter 53 of title 49, United States Code, that remain
    available for expenditure, may be transferred to and administered under
    the most recent appropriation heading for any such section.

    Sec. 163.  None of the funds made available by this Act or any other
    Act shall be used to adjust apportionments or withhold funds from
    apportionments pursuant to section 9503(e)(4) of the Internal Revenue
    Code of 1986 (26 U.S.C. 9503(e)(4)).
    Sec. 164.  An eligible recipient of a grant under section 5339(c)
    may submit an application in partnership with other entities, including
    a transit vehicle manufacturer, that intend to participate in the
    implementation of a project under section 5339(c) of title 49, United
    States Code, and a project awarded with such partnership shall be
    treated as satisfying the requirement for a competitive procurement
    under section 5325(a) of title 49, United States Code, for the named
    entity.
    Sec. 165.  None of the funds made available by this Act or any other
    Act shall be used to impede or hinder project advancement or approval
    for any project seeking a Federal contribution from the capital
    investment grant program of greater than 40 percent of project costs as
    authorized under section 5309 of title 49, United States Code.
    Sec. 166.  None of the funds made available in this Act may be used
    by the Department of Transportation to implement any policy that
    requires a capital investment grant project to receive a medium or
    higher project rating before taking actions to finalize an environmental
    impact statement.
    Sec. 167.  Of the unobligated amounts made available for prior
    fiscal years to Formula Grants in Treasury Account 69-X-1129, a total of
    $1,606,849 are hereby permanently rescinded:  Provided,

    [[Page 1856]]

    That no amounts may be rescinded from amounts that were designated by
    the Congress as an emergency or disaster relief requirement pursuant to
    a concurrent resolution on the budget or the Balanced Budget and
    Emergency Deficit Control Act of 1985.
    Sec. 168.  Of the unobligated amounts made available for the Job
    Access and Reverse Commute program, as authorized by Public Law 105-178,
    as amended, a total of $320,230 are hereby permanently rescinded.
    Sec. 169.  Of the unobligated amounts made available for Research,
    Training, and Human Resources, as authorized by Public Law 95-599, as
    amended, a total of $31,634 are hereby permanently rescinded.
    Sec. 169A.  Any unexpended balances from amounts previously
    appropriated for low or no emission vehicle component assessment under
    49 U.S.C. 5312(h) under the headings ``Transit Formula Grants'' and
    ``Transit Infrastructure Grants'' in fiscal years 2016 through 2020 may
    be used by the facilities selected for such vehicle component assessment
    for capital projects in order to build new infrastructure and enhance
    existing facilities in order to expand bus and component testing
    capability, in accordance with the industry stakeholder testing
    objectives and capabilities as outlined through the work of the Federal
    Transit Administration Transit Vehicle Innovation and Deployment Centers
    program and included in the Center for Transportation and the
    Environment report submitted to the Federal Transit Administration for
    review.

    Saint Lawrence Seaway Development Corporation

    The <>  Saint Lawrence Seaway Development
    Corporation is hereby authorized to make such expenditures, within the
    limits of funds and borrowing authority available to the Corporation,
    and in accord with law, and to make such contracts and commitments
    without regard to fiscal year limitations, as provided by section 9104
    of title 31, United States Code, as may be necessary in carrying out the
    programs set forth in the Corporation's budget for the current fiscal
    year.

    operations and maintenance

    (harbor maintenance trust fund)

    For necessary expenses to conduct the operations, maintenance, and
    capital infrastructure activities on portions of the Saint Lawrence
    Seaway owned, operated, and maintained by the Saint Lawrence Seaway
    Development Corporation, $38,000,000, to be derived from the Harbor
    Maintenance Trust Fund, pursuant to section 210 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2238):  Provided, That of the amounts
    made available under this heading, not less than $14,500,000 shall be
    for the seaway infrastructure program.

    Maritime Administration

    maritime security program

    For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet to serve the national security needs of the United States,
    $314,007,780, to remain available until expended, of which

    [[Page 1857]]

    $7,780 shall be derived from unobligated balances from prior year
    appropriations available under this heading.

    cable security fleet

    For the Cable Security Fleet program, as authorized by chapter 532
    of title 46, United States Code, $10,000,000, to remain available until
    expended.

    operations and training

    (including transfer of funds)

    For necessary expenses of operations and training activities
    authorized by law, $155,616,000:  Provided, That of the amounts made
    available under this heading--
    (1) $80,000,000, to remain available until September 30,
    2022, shall be for the operations of the United States Merchant
    Marine Academy;
    (2) $5,944,000, to remain available until expended, shall be
    for facilities maintenance and repair, and equipment, at the
    United States Merchant Marine Academy;
    (3) $3,000,000, to remain available until September 30,
    2022, shall be for the Maritime Environmental and Technical
    Assistance program authorized under section 50307 of title 46,
    United States Code; and
    (4) $10,819,000, to remain available until expended, shall
    be for the Short Sea Transportation Program (America's Marine
    Highways) to make grants for the purposes authorized under
    paragraphs (1) and (3) of section 55601(b) of title 46, United
    States Code:

    Provided further, That <>  the
    Administrator of the Maritime Administration shall transmit to the House
    and Senate Committees on Appropriations the annual report on sexual
    assault and sexual harassment at the United States Merchant Marine
    Academy as required pursuant to section 3510 of the National Defense
    Authorization Act for Fiscal Year 2017 (46 U.S.C. 51318):  Provided
    further, That available balances under this heading for the Short Sea
    Transportation Program (America's Marine Highways) from prior year
    recoveries shall be available to carry out activities authorized under
    paragraphs (1) and (3) of section 55601(b) of title 46, United States
    Code:  Provided further, That any unobligated balances and obligated
    balances not yet expended from previous appropriations under this
    heading for programs and activities supporting State Maritime Academies
    shall be transferred to and merged with the appropriations for
    ``Maritime Administration--State Maritime Academy Operations'' and shall
    be made available for the same purposes as the appropriations for
    ``Maritime Administration--State Maritime Academy Operations''.

    state maritime academy operations

    For necessary expenses of operations, support, and training
    activities for State Maritime Academies, $432,700,000:  Provided, That
    of the sums appropriated under this heading--
    (1) $30,500,000, to remain available until expended, shall
    be for maintenance, repair, life extension, insurance, and
    capacity improvement of National Defense Reserve Fleet

    [[Page 1858]]

    training ships, and for support of training ship operations at
    the State Maritime Academies, of which $8,500,000, to remain
    available until expended, shall be for expenses related to
    training mariners; and for costs associated with training vessel
    sharing pursuant to 46 U.S.C. 51504(g)(3) for costs associated
    with mobilizing, operating and demobilizing the vessel,
    including travel costs for students, faculty and crew, the costs
    of the general agent, crew costs, fuel, insurance, operational
    fees, and vessel hire costs, as determined by the Secretary;
    (2) $390,000,000, to remain available until expended, shall
    be for the National Security Multi-Mission Vessel Program,
    including funds for construction, planning, administration, and
    design of school ships;
    (3) $2,400,000 to remain available through September 30,
    2022, shall be for the Student Incentive Program;
    (4) $3,800,000 shall remain available until expended, shall
    be for training ship fuel assistance; and
    (5) $6,000,000, to remain available until September 30,
    2022, shall be for direct payments for State Maritime Academies.

    assistance to small shipyards

    To make grants to qualified shipyards as authorized under section
    54101 of title 46, United States Code, $20,000,000, to remain available
    until expended.

    ship disposal

    For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $4,200,000, to remain available until expended.

    maritime guaranteed loan (title xi) program account

    (including transfer of funds)

    For administrative expenses to carry out the guaranteed loan
    program, $3,000,000, which shall be transferred to and merged with the
    appropriations for ``Maritime Administration--Operations and Training''.

    port infrastructure development program

    To make grants to improve port facilities as authorized under
    section 50302(c) of title 46, United States Code, $230,000,000, to
    remain available until expended:  Provided, That projects eligible for
    amounts made available under this heading shall be projects for coastal
    seaports, inland river ports, or Great Lakes ports:  Provided further,
    That of the amounts made available under this heading, not less than
    $205,000,000 shall be for coastal seaports or Great Lakes
    ports: <>   Provided further, That the
    Maritime Administration shall distribute amounts made available under
    this heading as discretionary grants to port authorities or commissions
    or their subdivisions and agents under existing authority, as well as to
    a State or political subdivision of a State or local government, a
    Tribal Government, a public agency or publicly chartered authority
    established by one or more States, a special purpose

    [[Page 1859]]

    district with a transportation function, a multistate or
    multijurisdictional group of entities, or a lead entity described above
    jointly with a private entity or group of private entities:  Provided
    further, That projects eligible for amounts made available under this
    heading shall be designed to improve the safety, efficiency, or
    reliability of the movement of goods into, out of, around, or within a
    port and located--
    (1) within the boundary of a port; or
    (2) outside the boundary of a port, and directly related to
    port operations, or to an intermodal connection to a port:

    Provided further, That project awards eligible under this heading
    shall be only for--
    (1) port gate improvements;
    (2) road improvements both within and connecting to the
    port;
    (3) rail improvements both within and connecting to the
    port;
    (4) berth improvements (including docks, wharves, piers and
    dredging incidental to the improvement project);
    (5) fixed landside improvements in support of cargo
    operations (such as silos, elevators, conveyors, container
    terminals, Ro/Ro structures including parking garages necessary
    for intermodal freight transfer, warehouses including
    refrigerated facilities, lay-down areas, transit sheds, and
    other such facilities);
    (6) utilities necessary for safe operations (including
    lighting, stormwater, and other such improvements that are
    incidental to a larger infrastructure project); or
    (7) a combination of activities described above:

    Provided further, That the Federal share of the costs for which an
    amount is provided under this heading shall be up to 80 percent:
    Provided further, That for grants awarded under this heading, the
    minimum grant size shall be $1,000,000:  Provided further, That
    for <>  grant awards less than $10,000,000, the
    Secretary shall prioritize ports that handled less than 10,000,000 short
    tons in 2017, as identified by the Corps of Engineers:  Provided
    further, That for grant awards less than $10,000,000, the Secretary may
    increase the Federal share of costs above 80 percent:  Provided further,
    That not to exceed 2 percent of the amounts made available under this
    heading shall be available for necessary costs of grant administration.

    administrative provisions--maritime administration

    Sec. 170.  Notwithstanding any other provision of this Act, in
    addition to any existing authority, the Maritime Administration is
    authorized to furnish utilities and services and make necessary repairs
    in connection with any lease, contract, or occupancy involving
    Government property under control of the Maritime Administration:
    Provided, That payments received therefor shall be credited to the
    appropriation charged with the cost thereof and shall remain available
    until expended:  Provided further, That rental payments under any such
    lease, contract, or occupancy for items other than such utilities,
    services, or repairs shall be deposited into the Treasury as
    miscellaneous receipts.

    [[Page 1860]]

    Pipeline and Hazardous Materials Safety Administration

    operational expenses

    For necessary operational expenses of the Pipeline and Hazardous
    Materials Safety Administration, $28,715,000, of which $4,500,000 shall
    remain available until September 30, 2023.

    hazardous materials safety

    For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety Administration,
    $62,000,000, of which $14,000,000 shall remain available until September
    30, 2023:  Provided, That up to $800,000 in fees collected under 49
    U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
    offsetting receipts:  Provided further, That there may be credited to
    this appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

    pipeline safety

    (pipeline safety fund)

    (oil spill liability trust fund)

    For expenses necessary to carry out a pipeline safety program, as
    authorized by 49 U.S.C. 60107, and to discharge the pipeline program
    responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
    remain available until September 30, 2023, of which $23,000,000 shall be
    derived from the Oil Spill Liability Trust Fund; of which $137,000,000
    shall be derived from the Pipeline Safety Fund; and of which $8,000,000
    shall be derived from fees collected under 49 U.S.C. 60302 and deposited
    in the Underground Natural Gas Storage Facility Safety Account for the
    purpose of carrying out 49 U.S.C. 60141:  Provided, That not less than
    $1,058,000 of the funds provided under this heading shall be for the
    One-Call State grant program: <>
    Provided further, That any amounts provided under this heading in this
    Act or in prior Acts for research contracts, grants, cooperative
    agreements or research other transactions agreements (``OTAs'') shall
    require written notification to the House and Senate Committees on
    Appropriations not less than 3 full business days before such research
    contracts, grants, cooperative agreements, or research OTAs are
    announced by the Department of Transportation: <>   Provided further, That the Administrator may
    obligate amounts made available under this heading to engineer, erect,
    alter, and repair buildings or make any other public improvements for
    research facilities at the Transportation Technology Center after the
    Administrator submits an updated research plan to the House and Senate
    Committees on Appropriations and after such plan is approved by the
    House and Senate Committees on Appropriations.

    [[Page 1861]]

    emergency preparedness grants

    (limitation on obligations)

    (emergency preparedness fund)

    For expenses necessary to carry out the Emergency Preparedness
    Grants program, not more than $28,318,000 shall remain available until
    September 30, 2023, from amounts made available by section 5116(h) and
    subsections (b) and (c) of section 5128 of title 49, United States Code:
    Provided, That notwithstanding section 5116(h)(4) of title 49, United
    States Code, not more than 4 percent of the amounts made available from
    this account shall be available to pay administrative costs:  Provided
    further, That notwithstanding subsections (b) and (c) of section 5128 of
    title 49, United States Code, and the limitation on obligations provided
    under this heading, prior year recoveries recognized in the current year
    shall be available to develop and deliver hazardous materials emergency
    response training for emergency responders, including response
    activities for the transportation of crude oil, ethanol, flammable
    liquids, and other hazardous commodities by rail, consistent with
    National Fire Protection Association standards, and to make such
    training available through an electronic format:  Provided further, That
    the prior year recoveries made available under this heading shall also
    be available to carry out sections 5116(a)(1)(C), 5116(h), 5116(i), and
    5107(e) of title 49, United States Code.

    administrative provisions--pipeline and hazardous materials safety
    administration

    Sec. 180.  In addition to the amounts made available under the
    heading, ``Emergency Preparedness Grants'', $1,000,000, to remain
    available until September 30, 2023, shall be made available to the
    Pipeline and Hazardous Materials Safety Administration from the general
    fund of the Treasury, in addition to amounts otherwise available for
    such purposes, to develop and deliver hazardous materials emergency
    response training for emergency responders, including response
    activities for the transportation of crude oil, ethanol, flammable
    liquids, and other hazardous commodities by rail, consistent with
    National Fire Protection Association standards, and to make such
    training available through an electronic format.

    Office of Inspector General

    salaries and expenses

    For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $98,150,000:  Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department of Transportation.

    [[Page 1862]]

    General Provisions--Department of Transportation

    Sec. 190. (a) During the current fiscal year, applicable
    appropriations to the Department of Transportation shall be available
    for maintenance and operation of aircraft; hire of passenger motor
    vehicles and aircraft; purchase of liability insurance for motor
    vehicles operating in foreign countries on official department business;
    and uniforms or allowances therefor, as authorized by sections 5901 and
    5902 of title 5, United States Code.
    (b) During the current fiscal year, applicable appropriations to the
    Department and its operating administrations shall be available for the
    purchase, maintenance, operation, and deployment of unmanned aircraft
    systems that advance the missions of the Department of Transportation or
    an operating administration of the Department of Transportation.
    (c) Any unmanned aircraft system purchased, procured, or contracted
    for by the Department prior to the date of enactment of this Act shall
    be deemed authorized by Congress as if this provision was in effect when
    the system was purchased, procured, or contracted for.
    Sec. 191.  Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by
    section 3109 of title 5, United States Code, but at rates for
    individuals not to exceed the per diem rate equivalent to the rate for
    an Executive Level IV.
    Sec. 192. (a) No recipient of amounts made available by this Act
    shall disseminate personal information (as defined in section 2725(3) of
    title 18, United States Code) obtained by a State department of motor
    vehicles in connection with a motor vehicle record as defined in section
    2725(1) of title 18, United States Code, except as provided in section
    2721 of title 18, United States Code, for a use permitted under section
    2721 of title 18, United States Code.
    (b) Notwithstanding subsection (a), the Secretary shall not withhold
    amounts made available by this Act for any grantee if a State is in
    noncompliance with this provision.
    Sec. 193.  None of the funds made available by this Act shall be
    available for salaries and expenses of more than 125 political and
    Presidential appointees in the Department of Transportation:  Provided,
    That none of the personnel covered by this provision may be assigned on
    temporary detail outside the Department of Transportation.
    Sec. 194.  Funds received by the Federal Highway Administration and
    Federal Railroad Administration from States, counties, municipalities,
    other public authorities, and private sources for expenses incurred for
    training may be credited respectively to the Federal Highway
    Administration's ``Federal-Aid Highways'' account and to the Federal
    Railroad Administration's ``Safety and Operations'' account, except for
    State rail safety inspectors participating in training pursuant to
    section 20105 of title 49, United States Code.
    Sec. 195.
    <> None of the
    funds made available by this Act to the Department of Transportation may
    be used to make a loan, loan guarantee, line of credit, letter of
    intent, federally funded cooperative agreement, full funding grant
    agreement, or discretionary grant unless the Secretary of Transportation
    notifies the House and Senate Committees on Appropriations not less than
    3 full business days before any project competitively selected to

    [[Page 1863]]

    receive any discretionary grant award, letter of intent, loan
    commitment, loan guarantee commitment, line of credit commitment,
    federally funded cooperative agreement, or full funding grant agreement
    is announced by the Department or its operating administrations:
    Provided, That <>  the Secretary of Transportation shall
    provide the House and Senate Committees on Appropriations with a
    comprehensive list of all such loans, loan guarantees, lines of credit,
    letters of intent, federally funded cooperative agreements, full funding
    grant agreements, and discretionary grants prior to the notification
    required under the previous proviso:  Provided further,
    That <>  the Secretary gives concurrent
    notification to the House and Senate Committees on Appropriations for
    any ``quick release'' of funds from the emergency relief program:
    Provided further, That no notification shall involve funds that are not
    available for obligation.

    Sec. 196.  Rebates, refunds, incentive payments, minor fees, and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations of
    the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
    Sec. 197.  <> Amounts made available by this
    Act or any prior Act that the Secretary determines represent improper
    payments by the Department of Transportation to a third-party contractor
    under a financial assistance award, which are recovered pursuant to law,
    shall be available--
    (1) <> to reimburse the actual
    expenses incurred by the Department of Transportation in
    recovering improper payments:  Provided, That amounts made
    available by this Act shall be available until expended; and
    (2) <> to pay contractors for services
    provided in recovering improper payments or contractor support
    in the implementation of the Improper Payments Information Act
    of 2002 (Public Law 107-300), as amended by the Improper
    Payments Elimination and Recovery Act of 2010 (Public Law 111-
    204) and Improper Payments Elimination and Recovery Improvement
    Act of 2012 (Public Law 112-248), and Fraud Reduction and Data
    Analytics Act of 2015 (Public Law 114-186):  Provided, That
    amounts in excess of that required for paragraphs (1) and (2)--
    (A) shall be credited to and merged with the
    appropriation from which the improper payments were
    made, and shall be available for the purposes and period
    for which such appropriations are available:  Provided
    further, That where specific project or accounting
    information associated with the improper payment or
    payments is not readily available, the Secretary may
    credit an appropriate account, which shall be available
    for the purposes and period associated with the account
    so credited; or
    (B) if no such appropriation remains available,
    shall be deposited in the Treasury as miscellaneous
    receipts:  Provided further,
    That <>  prior to depositing such
    recovery in the Treasury, the Secretary shall notify the
    House and Senate Committees on Appropriations of the
    amount and reasons for such transfer:  Provided further,
    That <>  for purposes of this
    section, the term ``improper payments'' has

    [[Page 1864]]

    the same meaning as that provided in section 2(e)(2) of
    the Improper Payments Elimination and Recovery Act of
    2010 (Public Law 111-204).

    Sec. 198.  <> Notwithstanding any other provision of
    law, if any funds provided by or limited by this Act are subject to a
    reprogramming action that requires notice to be provided to the House
    and Senate Committees on Appropriations, transmission of such
    reprogramming notice shall be provided solely to the House and Senate
    Committees on Appropriations, and such reprogramming action shall be
    approved or denied solely by the House and Senate Committees on
    Appropriations:  Provided, That <>  the
    Secretary of Transportation may provide notice to other congressional
    committees of the action of the House and Senate Committees on
    Appropriations on such reprogramming but not sooner than 30 days after
    the date on which the reprogramming action has been approved or denied
    by the House and Senate Committees on Appropriations.

    Sec. 199.  Funds appropriated by this Act to the operating
    administrations may be obligated for the Office of the Secretary for the
    costs related to assessments or reimbursable agreements only when such
    amounts are for the costs of goods and services that are purchased to
    provide a direct benefit to the applicable operating administration or
    administrations.
    Sec. 199A.  The Secretary of Transportation is authorized to carry
    out a program that establishes uniform standards for developing and
    supporting agency transit pass and transit benefits authorized under
    section 7905 of title 5, United States Code, including distribution of
    transit benefits by various paper and electronic media.
    Sec. 199B.  <> The Department of
    Transportation may use funds provided by this Act, or any other Act, to
    assist a contract under title 49 U.S.C. or title 23 U.S.C. utilizing
    geographic, economic, or any other hiring preference not otherwise
    authorized by law, or to amend a rule, regulation, policy or other
    measure that forbids a recipient of a Federal Highway Administration or
    Federal Transit Administration grant from imposing such hiring
    preference on a contract or construction project with which the
    Department of Transportation is assisting, only if the grant recipient
    certifies the following:
    (1) that except with respect to apprentices or trainees, a
    pool of readily available but unemployed individuals possessing
    the knowledge, skill, and ability to perform the work that the
    contract requires resides in the jurisdiction;
    (2) that the grant recipient will include appropriate
    provisions in its bid document ensuring that the contractor does
    not displace any of its existing employees in order to satisfy
    such hiring preference; and
    (3) that any increase in the cost of labor, training, or
    delays resulting from the use of such hiring preference does not
    delay or displace any transportation project in the applicable
    Statewide Transportation Improvement Program or Transportation
    Improvement Program.

    Sec. 199C.  <> The Secretary of Transportation
    shall coordinate with the Secretary of Homeland Security to ensure that
    best practices for Industrial Control Systems Procurement are up-to-date
    and shall ensure that systems procured with funds provided under this
    title were procured using such practices.

    [[Page 1865]]

    Sec. 199D.  None of the funds made available by this Act to the
    Department of Transportation may be used in contravention of section
    306108 of title 54, United States Code.
    This title may be cited as the ``Department of Transportation
    Appropriations Act, 2021''.

    <> TITLE II

    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

    Management and Administration

    executive offices

    For necessary salaries and expenses for Executive Offices, which
    shall be comprised of the offices of the Secretary, Deputy Secretary,
    Adjudicatory Services, Congressional and Intergovernmental Relations,
    Public Affairs, Small and Disadvantaged Business Utilization, and the
    Center for Faith-Based and Neighborhood Partnerships, $17,292,000, to
    remain available until September 30, 2022:  Provided, That not to exceed
    $25,000 of the amount made available under this heading shall be
    available to the Secretary of Housing and Urban Development (referred to
    in this title as ``the Secretary'') for official reception and
    representation expenses as the Secretary may determine.

    administrative support offices

    For necessary salaries and expenses for Administrative Support
    Offices, $576,689,000, to remain available until September 30, 2022:
    Provided, That of the sums appropriated under this heading--
    (1) $74,462,000 shall be available for the Office of the
    Chief Financial Officer;
    (2) $107,254,000 shall be available for the Office of the
    General Counsel, of which not less than $20,050,000 shall be for
    the Departmental Enforcement Center;
    (3) $207,693,000 shall be available for the Office of
    Administration, of which not more than $10,000,000 may be for
    modernizing the Weaver Building and space consolidation;
    (4) $38,933,000 shall be available for the Office of the
    Chief Human Capital Officer;
    (5) $59,652,000 shall be available for the Office of Field
    Policy and Management;
    (6) $21,013,000 shall be available for the Office of the
    Chief Procurement Officer;
    (7) $4,239,000 shall be available for the Office of
    Departmental Equal Employment Opportunity; and
    (8) $63,443,000 shall be available for the Office of the
    Chief Information Officer:

    Provided further, That funds made available under this heading may be
    used for necessary administrative and non-administrative expenses of the
    Department, not otherwise provided for, including purchase of uniforms,
    or allowances therefor, as authorized by sections 5901 and 5902 of title
    5, United States Code; hire of passenger motor vehicles; and services as
    authorized by section 3109 of title 5, United States Code:  Provided
    further, That notwithstanding any other provision of law, funds
    appropriated under this heading may be used for advertising and
    promotional activities

    [[Page 1866]]

    that directly support program activities funded in this title:  Provided
    further, That <>  the Secretary shall
    provide the House and Senate Committees on Appropriations quarterly
    written notification regarding the status of pending congressional
    reports:  Provided further, That <>  the Secretary shall
    provide in electronic form all signed reports required by Congress:
    Provided further, That <>  not more
    than 10 percent of the funds made available under this heading for the
    Office of the Chief Financial Officer for the financial transformation
    initiative may be obligated until the Secretary submits to the House and
    Senate Committees on Appropriations, for approval, a plan for
    expenditure that includes the financial and internal control
    capabilities to be delivered and the mission benefits to be realized,
    key milestones to be met, and the relationship between the proposed use
    of funds made available under this heading and the projected total cost
    and scope of the initiative.

    program offices

    For necessary salaries and expenses for Program Offices,
    $904,673,000, to remain available until September 30, 2022:  Provided,
    That of the sums appropriated under this heading--
    (1) $243,056,000 shall be available for the Office of Public
    and Indian Housing;
    (2) $131,107,000 shall be available for the Office of
    Community Planning and Development;
    (3) $404,194,000 shall be available for the Office of
    Housing, of which not less than $13,200,000 shall be for the
    Office of Recapitalization;
    (4) $36,250,000 shall be available for the Office of Policy
    Development and Research;
    (5) $79,763,000 shall be available for the Office of Fair
    Housing and Equal Opportunity; and
    (6) $10,303,000 shall be available for the Office of Lead
    Hazard Control and Healthy Homes.

    working capital fund

    (including transfer of funds)

    For the working capital fund for the Department of Housing and Urban
    Development (referred to in this paragraph as the ``Fund''), pursuant,
    in part, to section 7(f) of the Department of Housing and Urban
    Development Act (42 U.S.C. 3535(f)), amounts transferred, including
    reimbursements pursuant to section 7(f), to the Fund under this heading
    shall be available only for Federal shared services used by offices and
    agencies of the Department, and for any such portion of any office or
    agency's printing, records management, space renovation, furniture, or
    supply services the Secretary has determined shall be provided through
    the Fund, and the operational expenses of the Fund:  Provided, That
    amounts within the Fund shall not be available to provide services not
    specifically authorized under this heading:  Provided further,
    That <>  upon a determination by the Secretary
    that any other service (or portion thereof) authorized under this
    heading shall be provided through the Fund, amounts made available in
    this title for salaries and expenses under the headings ``Executive
    Offices'', ``Administrative Support Offices'', ``Program Offices'', and
    ``Government National Mortgage Association'', for such services shall be
    transferred to

    [[Page 1867]]

    the Fund, to remain available until expended:  Provided further,
    That <>  the Secretary shall notify the
    House and Senate Committees on Appropriations of its plans for executing
    such transfers at least 15 days in advance of such transfers.

    Public and Indian Housing

    tenant-based rental assistance <>

    For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (in this title ``the Act''),
    not otherwise provided for, $21,777,439,000, to remain available until
    expended, which shall be available on October 1, 2020 (in addition to
    the $4,000,000,000 previously appropriated under this heading that shall
    be available on October 1, 2020), and $4,000,000,000, to remain
    available until expended, which shall be available on October 1, 2021:
    Provided, That the amounts made available under this heading are
    provided as follows:
    (1) <>  $23,080,000,000 shall be
    available for renewals of expiring section 8 tenant-based annual
    contributions contracts (including renewals of enhanced vouchers
    under any provision of law authorizing such assistance under
    section 8(t) of the Act) and including renewal of other special
    purpose incremental vouchers:  Provided,
    That <>
    notwithstanding any other provision of law, from amounts
    provided under this paragraph and any carryover, the Secretary
    for the calendar year 2021 funding cycle shall provide renewal
    funding for each public housing agency based on validated
    voucher management system (VMS) leasing and cost data for the
    prior calendar year and by applying an inflation factor as
    established by the Secretary, by notice published in the Federal
    Register, and by making any necessary adjustments for the costs
    associated with the first-time renewal of vouchers under this
    paragraph including tenant protection and Choice Neighborhoods
    vouchers:  Provided further, That none of the funds provided
    under this paragraph may be used to fund a total number of unit
    months under lease which exceeds a public housing agency's
    authorized level of units under contract, except for public
    housing agencies participating in the Moving to Work (MTW)
    demonstration, which are instead governed in accordance with the
    requirements of the MTW demonstration program or their MTW
    agreements, if any:  Provided further, That the Secretary shall,
    to the extent necessary to stay within the amount specified
    under this paragraph (except as otherwise modified under this
    paragraph), prorate each public housing agency's allocation
    otherwise established pursuant to this paragraph:  Provided
    further, That <>  except as
    provided in the following provisos, the entire amount specified
    under this paragraph (except as otherwise modified under this
    paragraph) shall be obligated to the public housing agencies
    based on the allocation and pro rata method described above, and
    the Secretary shall notify public housing agencies of their
    annual budget by the latter of 60 days after enactment of this
    Act or March 1, 2021:  Provided further,
    That <>  the Secretary may
    extend the notification period with the prior written approval
    of the House and Senate Committees

    [[Page 1868]]

    on Appropriations:  Provided further, That public housing
    agencies participating in the MTW demonstration shall be funded
    in accordance with the requirements of the MTW demonstration
    program or their MTW agreements, if any, and shall be subject to
    the same pro rata adjustments under the previous provisos:
    Provided further, That the Secretary may offset public housing
    agencies' calendar year 2021 allocations based on the excess
    amounts of public housing agencies' net restricted assets
    accounts, including HUD-held programmatic reserves (in
    accordance with VMS data in calendar year 2020 that is
    verifiable and complete), as determined by the Secretary:
    Provided further, That public housing agencies participating in
    the MTW demonstration shall also be subject to the offset, as
    determined by the Secretary, excluding amounts subject to the
    single fund budget authority provisions of their MTW agreements,
    from the agencies' calendar year 2021 MTW funding allocation:
    Provided further, That the Secretary shall use any offset
    referred to in the previous two provisos throughout the calendar
    year to prevent the termination of rental assistance for
    families as the result of insufficient funding, as determined by
    the Secretary, and to avoid or reduce the proration of renewal
    funding allocations:  Provided further, That up to $110,000,000
    shall be available only: (1) for adjustments in the allocations
    for public housing agencies, after application for an adjustment
    by a public housing agency that experienced a significant
    increase, as determined by the Secretary, in renewal costs of
    vouchers (including Mainstream vouchers) resulting from
    unforeseen circumstances or from portability under section 8(r)
    of the Act; (2) <>  for vouchers that were
    not in use during the previous 12-month period in order to be
    available to meet a commitment pursuant to section 8(o)(13) of
    the Act, or an adjustment for a funding obligation not yet
    expended in the previous calendar year for a MTW-eligible
    activity to develop affordable housing for an agency added to
    the MTW demonstration under the expansion authority provided in
    section 239 of the Transportation, Housing and Urban
    Development, and Related Agencies Appropriations Act, 2016
    (division L of Public Law 114-113); (3) for adjustments for
    costs associated with HUD-Veterans Affairs Supportive Housing
    (HUD-VASH) vouchers; (4) for public housing agencies that
    despite taking reasonable cost savings measures, as determined
    by the Secretary, would otherwise be required to terminate
    rental assistance for families, including Mainstream families,
    as a result of insufficient funding; (5) for adjustments in the
    allocations for public housing agencies that (i) are leasing a
    lower-than-average percentage of their authorized vouchers, (ii)
    have low amounts of budget authority in their net restricted
    assets accounts and HUD-held programmatic reserves, relative to
    other agencies, and (iii) are not participating in the Moving to
    Work demonstration, to enable such agencies to lease more
    vouchers; and (6) for public housing agencies that have
    experienced increased costs or loss of units in an area for
    which the President declared a disaster under title IV of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act
    (42 U.S.C. 5170 et seq.):  Provided further,
    That <>  the Secretary shall allocate amounts
    under the previous proviso based on need, as determined by the
    Secretary;

    [[Page 1869]]

    (2) $116,000,000 shall be for section 8 rental assistance
    for relocation and replacement of housing units that are
    demolished or disposed of pursuant to section 18 of the Act,
    conversion of section 23 projects to assistance under section 8,
    the family unification program under section 8(x) of the Act,
    relocation of witnesses (including victims of violent crimes) in
    connection with efforts to combat crime in public and assisted
    housing pursuant to a request from a law enforcement or
    prosecution agency, enhanced vouchers under any provision of law
    authorizing such assistance under section 8(t) of the Act,
    Choice Neighborhood vouchers, mandatory and voluntary
    conversions, and tenant protection assistance including
    replacement and relocation assistance or for project-based
    assistance to prevent the displacement of unassisted elderly
    tenants currently residing in section 202 properties financed
    between 1959 and 1974 that are refinanced pursuant to Public Law
    106-569, as amended, or under the authority as provided under
    this Act:  Provided, That when a public housing development is
    submitted for demolition or disposition under section 18 of the
    Act, the Secretary may provide section 8 rental assistance when
    the units pose an imminent health and safety risk to residents:
    Provided further, That the Secretary may provide section 8
    rental assistance from amounts made available under this
    paragraph for units assisted under a project-based subsidy
    contract funded under the ``Project-Based Rental Assistance''
    heading under this title where the owner has received a Notice
    of Default and the units pose an imminent health and safety risk
    to residents:  Provided further,
    That <>  to the extent that
    the Secretary determines that such units are not feasible for
    continued rental assistance payments or transfer of the subsidy
    contract associated with such units to another project or
    projects and owner or owners, any remaining amounts associated
    with such units under such contract shall be recaptured and used
    to reimburse amounts used under this paragraph for rental
    assistance under the previous proviso:  Provided further, That
    of the amounts made available under this paragraph, at least
    $5,000,000 may be available to provide tenant protection
    assistance, not otherwise provided under this paragraph, to
    residents residing in low vacancy areas and who may have to pay
    rents greater than 30 percent of household income, as the result
    of: (A) the maturity of a HUD-insured, HUD-held or section 202
    loan that requires the permission of the Secretary prior to loan
    prepayment; (B) the expiration of a rental assistance contract
    for which the tenants are not eligible for enhanced voucher or
    tenant protection assistance under existing law; or (C) the
    expiration of affordability restrictions accompanying a mortgage
    or preservation program administered by the Secretary:  Provided
    further, That such tenant protection assistance made available
    under the previous proviso may be provided under the authority
    of section 8(t) or section 8(o)(13) of the United States Housing
    Act of 1937 (42 U.S.C. 1437f(t)):  Provided further,
    That <>  the Secretary
    shall issue guidance to implement the previous provisos,
    including, but not limited to, requirements for defining
    eligible at-risk households within 60 days of the enactment of
    this Act:  Provided further, That <>  any tenant
    protection voucher made available from amounts under this
    paragraph shall not be reissued by any

    [[Page 1870]]

    public housing agency, except the replacement vouchers as
    defined by the Secretary by notice, when the initial family that
    received any such voucher no longer receives such voucher, and
    the authority for any public housing agency to issue any such
    voucher shall cease to exist:  Provided further,
    That <>  the Secretary may only provide
    replacement vouchers for units that were occupied within the
    previous 24 months that cease to be available as assisted
    housing, subject only to the availability of funds;
    (3) $2,159,000,000 shall be for administrative and other
    expenses of public housing agencies in administering the section
    8 tenant-based rental assistance program, of which up to
    $30,000,000 shall be available to the Secretary to allocate to
    public housing agencies that need additional funds to administer
    their section 8 programs, including fees associated with section
    8 tenant protection rental assistance, the administration of
    disaster related vouchers, HUD-VASH vouchers, and other special
    purpose incremental vouchers:  Provided, That no less than
    $2,129,000,000 of the amount provided in this paragraph shall be
    allocated to public housing agencies for the calendar year 2021
    funding cycle based on section 8(q) of the Act (and related
    Appropriation Act provisions) as in effect immediately before
    the enactment of the Quality Housing and Work Responsibility Act
    of 1998 (Public Law 105-276):  Provided further, That if the
    amounts made available under this paragraph are insufficient to
    pay the amounts determined under the previous proviso, the
    Secretary may decrease the amounts allocated to agencies by a
    uniform percentage applicable to all agencies receiving funding
    under this paragraph or may, to the extent necessary to provide
    full payment of amounts determined under the previous proviso,
    utilize unobligated balances, including recaptures and
    carryover, remaining from funds appropriated to the Department
    of Housing and Urban Development under this heading from prior
    fiscal years, excluding special purpose vouchers,
    notwithstanding the purposes for which such amounts were
    appropriated:  Provided further, That all public housing
    agencies participating in the MTW demonstration shall be funded
    in accordance with the requirements of the MTW demonstration
    program or their MTW agreements, if any, and shall be subject to
    the same uniform percentage decrease as under the previous
    proviso:  Provided further, That amounts provided under this
    paragraph shall be only for activities related to the provision
    of tenant-based rental assistance authorized under section 8,
    including related development activities;
    (4) $314,000,000 for the renewal of tenant-based assistance
    contracts under section 811 of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013), including necessary
    administrative expenses:  Provided, That administrative and
    other expenses of public housing agencies in administering the
    special purpose vouchers in this paragraph shall be funded under
    the same terms and be subject to the same pro rata reduction as
    the percent decrease for administrative and other expenses to
    public housing agencies under paragraph (3) of this heading:
    Provided further, That upon turnover, section 811 special
    purpose vouchers funded under this heading in

    [[Page 1871]]

    this or prior Acts, or under any other heading in prior Acts,
    shall be provided to non-elderly persons with disabilities;
    (5) Of the amounts provided under paragraph (1) up to
    $5,000,000 shall be for rental assistance and associated
    administrative fees for Tribal HUD-VASH to serve Native American
    veterans that are homeless or at-risk of homelessness living on
    or near a reservation or other Indian areas:  Provided,
    That <>  such amount shall be made available for
    renewal grants to recipients that received assistance under
    prior Acts under the Tribal HUD-VASH program:  Provided further,
    That <>  the Secretary shall be
    authorized to specify criteria for renewal grants, including
    data on the utilization of assistance reported by grant
    recipients:  Provided further, That such assistance shall be
    administered in accordance with program requirements under the
    Native American Housing Assistance and Self-Determination Act of
    1996 and modeled after the HUD-VASH program:  Provided further,
    That <>  the Secretary
    shall be authorized to waive, or specify alternative
    requirements for any provision of any statute or regulation that
    the Secretary administers in connection with the use of funds
    made available under this paragraph (except for requirements
    related to fair housing, nondiscrimination, labor standards, and
    the environment), upon a finding by the Secretary that any such
    waivers or alternative requirements are necessary for the
    effective delivery and administration of such assistance:
    Provided further, That <>  grant
    recipients shall report to the Secretary on utilization of such
    rental assistance and other program data, as prescribed by the
    Secretary:  Provided further, That the Secretary may reallocate,
    as determined by the Secretary, amounts returned or recaptured
    from awards under the Tribal HUD-VASH program under prior Acts
    to existing recipients under the Tribal HUD-VASH program;
    (6) $40,000,000 for incremental rental voucher assistance
    for use through a supported housing program administered in
    conjunction with the Department of Veterans Affairs as
    authorized under section 8(o)(19) of the United States Housing
    Act of 1937:  Provided, That <>  the
    Secretary of Housing and Urban Development shall make such
    funding available, notwithstanding section 203 (competition
    provision) of this title, to public housing agencies that
    partner with eligible VA Medical Centers or other entities as
    designated by the Secretary of the Department of Veterans
    Affairs, based on geographical need for such assistance as
    identified by the Secretary of the Department of Veterans
    Affairs, public housing agency administrative performance, and
    other factors as specified by the Secretary of Housing and Urban
    Development in consultation with the Secretary of the Department
    of Veterans Affairs:  Provided further, That <>  the Secretary of
    Housing and Urban Development may waive, or specify alternative
    requirements for (in consultation with the Secretary of the
    Department of Veterans Affairs), any provision of any statute or
    regulation that the Secretary of Housing and Urban Development
    administers in connection with the use of funds made available
    under this paragraph (except for requirements related to fair
    housing, nondiscrimination, labor standards, and the
    environment), upon a finding

    [[Page 1872]]

    by the Secretary that any such waivers or alternative
    requirements are necessary for the effective delivery and
    administration of such voucher assistance:  Provided further,
    Tha <> t assistance made
    available under this paragraph shall continue to remain
    available for homeless veterans upon turn-over;
    (7) <>
    $25,000,000 shall be made available for the family unification
    program as authorized under section 8(x) of the Act:  Provided,
    That the amounts made available under this paragraph are
    provided as follows:
    (A) $5,000,000 shall be for new incremental voucher
    assistance:  Provided, That the assistance made
    available under this subparagraph shall continue to
    remain available for family unification upon turnover;
    and
    (B) $20,000,000 shall be for new incremental voucher
    assistance to assist eligible youth as defined by such
    section 8(x)(2)(B):  Provided, That assistance made
    available under this subparagraph shall continue to
    remain available for such eligible youth upon turnover:
    Provided further, That of the total amount made
    available under this subparagraph, up to $10,000,000
    shall be available on a noncompetitive basis to public
    housing agencies that partner with public child welfare
    agencies to identify such eligible youth, that request
    such assistance to timely assist such eligible youth,
    and that meet any other criteria as specified by the
    Secretary:  Provided further,
    That <>  the Secretary
    shall review utilization of the assistance made
    available under the previous proviso, at an interval to
    be determined by the Secretary, and unutilized voucher
    assistance that is no longer needed shall be recaptured
    by the Secretary and reallocated pursuant to the
    previous proviso:
    Provided further, That <>
    for any public housing agency administering voucher assistance
    appropriated in a prior Act under the family unification
    program, or made available and competitively selected under this
    paragraph, that determines that it no longer has an identified
    need for such assistance upon turnover, such agency shall notify
    the Secretary, and the Secretary shall recapture such assistance
    from the agency and reallocate it to any other public housing
    agency or agencies based on need for voucher assistance in
    connection with such specified program or eligible youth, as
    applicable;
    (8) $43,439,000 shall be for incremental rental voucher
    assistance under section 8(o) of the United States Housing Act
    of 1937 for use by individuals and families who are homeless, as
    defined in section 103(a) of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11302(a)), at risk of homelessness, as
    defined in section 401(1) of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11360(1)), fleeing, or attempting to
    flee, domestic violence, dating violence, sexual assault, or
    stalking, or veterans and families that include a veteran family
    member that meet one of the preceding criteria:  Provided,
    That <>
    assistance made available under this paragraph shall continue to
    remain available for such eligible individuals and families upon
    turnover:  Provided further, That the Secretary shall make such
    funding available, notwithstanding section 203 of this title
    (competition provision) to public housing agencies that partner
    with eligible continuums of care or other entities as designated
    by the Secretary, based on geographical

    [[Page 1873]]

    need of such assistance, public housing agency administrative
    performance, and other factors as specified by the Secretary:
    Provided further, That <>  the
    Secretary shall review utilization of the assistance made
    available under the preceding proviso, at an interval to be
    determined by the Secretary, and unutilized voucher assistance
    that is no longer needed shall be recaptured by the Secretary
    and reallocated pursuant to the preceding proviso:  Provided
    further, That, the Secretary shall give preference to applicants
    that demonstrate a strategy to coordinate assistance with
    services available in the community:  Provided further, That
    none of the funds provided in this paragraph may be used to
    require people experiencing homelessness to receive treatment or
    perform any other prerequisite activities as a condition for
    receiving shelter, housing or other services:  Provided further,
    That <>  the Secretary shall issue guidance to
    implement the preceding proviso; and
    (9) the Secretary shall separately track all special purpose
    vouchers funded under this heading.

    housing certificate fund

    (including rescissions)

    Unobligated balances, including recaptures and carryover, remaining
    from funds appropriated to the Department of Housing and Urban
    Development under this heading, the heading ``Annual Contributions for
    Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
    for fiscal year 2021 and prior years may be used for renewal of or
    amendments to section 8 project-based contracts and for performance-
    based contract administrators, notwithstanding the purposes for which
    such funds were appropriated:  Provided, That any obligated balances of
    contract authority from fiscal year 1974 and prior fiscal years that
    have been terminated shall be rescinded:  Provided further, That amounts
    heretofore recaptured, or recaptured during the current fiscal year,
    from section 8 project-based contracts from source years fiscal year
    1975 through fiscal year 1987 are hereby rescinded, and an amount of
    additional new budget authority, equivalent to the amount rescinded is
    hereby appropriated, to remain available until expended, for the
    purposes set forth under this heading, in addition to amounts otherwise
    available.

    public housing fund

    For the operation and management of public housing, as authorized by
    section 9(e) of the United States Housing Act of 1937 (42 U.S.C.
    1437g(e)) (the``Act''), and to carry out capital and management
    activities for public housing agencies, as authorized under section 9(d)
    of the Act (42 U.S.C. 1437g(d)), $7,806,000,000, to remain available
    until September 30, 2024:  Provided, That the amounts made available
    under this heading are provided as follows:
    (1) $4,839,000,000 shall be available to the Secretary to
    allocate pursuant to the Operating Fund formula at part 990 of
    title 24, Code of Federal Regulations, for 2021 payments;
    (2) <>  $25,000,000 shall be available
    to the Secretary to allocate pursuant to a need-based
    application process notwithstanding section 203 of this title
    and not subject to such Operating Fund formula to public housing
    agencies that experience,

    [[Page 1874]]

    or are at risk of, financial shortfalls, as determined by the
    Secretary:  Provided, That <>  after all
    such shortfall needs are met, the Secretary may distribute any
    remaining funds to all public housing agencies on a pro-rata
    basis pursuant to such Operating Fund formula;
    (3) $2,765,000,000 shall be available to the Secretary to
    allocate pursuant to the Capital Fund formula at section 905.400
    of title 24, Code of Federal Regulations:  Provided, That for
    funds provided under this paragraph, the limitation in section
    9(g)(1) of the Act shall be 25 percent:  Provided further,
    That <>  the Secretary may waive the
    limitation in the previous proviso to allow public housing
    agencies to fund activities authorized under section 9(e)(1)(C)
    of the Act:  Provided further,
    That <>  the Secretary shall
    notify public housing agencies requesting waivers under the
    previous proviso if the request is approved or denied within 14
    days of submitting the request:  Provided further,
    That <>  from the funds made available
    under this paragraph, the Secretary shall provide bonus awards
    in fiscal year 2021 to public housing agencies that are
    designated high performers:  Provided further,
    That <>  the Department shall
    notify public housing agencies of their formula allocation
    within 60 days of enactment of this Act;
    (4) $75,000,000 shall be available for the Secretary to make
    grants, notwithstanding section 203 of this title, to public
    housing agencies for emergency capital needs, including safety
    and security measures necessary to address crime and drug-
    related activity, as well as needs resulting from unforeseen or
    unpreventable emergencies and natural disasters excluding
    Presidentially declared emergencies and natural disasters under
    the Robert T. Stafford Disaster Relief and Emergency Act (42
    U.S.C. 5121 et seq.) occurring in fiscal year 2021, of which
    $45,000,000 shall be available for public housing agencies under
    administrative and judicial receiverships or under the control
    of a Federal monitor:  Provided, That of the amount made
    available under this paragraph, not less than $10,000,000 shall
    be for safety and security measures:  Provided further,
    That <>  in addition to the amount
    in the previous proviso for such safety and security measures,
    any amounts that remain available, after all applications
    received on or before September 30, 2022, for emergency capital
    needs have been processed, shall be allocated to public housing
    agencies for such safety and security measures;
    (5) $25,000,000 shall be for competitive grants to public
    housing agencies to evaluate and reduce lead-based paint hazards
    in public housing by carrying out the activities of risk
    assessments, abatement, and interim controls (as those terms are
    defined in section 1004 of the Residential Lead-Based Paint
    Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):  Provided, That
    for purposes of environmental review, a grant under this
    paragraph shall be considered funds for projects or activities
    under title I of the United States Housing Act of 1937 (42
    U.S.C. 1437 et seq.) for purposes of section 26 of such Act (42
    U.S.C. 1437x) and shall be subject to the regulations
    implementing such section;
    (6) $35,000,000 shall be for competitive grants to public
    housing agencies for activities authorized under the Healthy
    Homes Initiative, pursuant to sections 501 and 502 of the

    [[Page 1875]]

    Housing and Urban Development Act of 1970, which shall include
    research, studies, testing, and demonstration efforts, including
    education and outreach concerning mold, radon, carbon monoxide
    poisoning, and other housing-related diseases and hazards;
    (7) <>  $15,000,000 shall be to
    support the costs of administrative and judicial receiverships
    and for competitive grants to PHAs in receivership, designated
    troubled or substandard, or otherwise at risk, as determined by
    the Secretary, for costs associated with public housing asset
    improvement, in addition to other amounts for that purpose
    provided under any heading under this title;
    (8) $23,000,000 shall be to support ongoing public housing
    financial and physical assessment activities; and
    (9) $4,000,000 shall be for a radon testing and mitigation
    resident safety demonstration program (the radon demonstration)
    in public housing:  Provided, That the testing method,
    mitigation method, or action level used under the radon
    demonstration shall be as specified by applicable State or local
    law, if such law is more protective of human health or the
    environment than the method or level specified by the Secretary:

    Provided further, That notwithstanding any other provision of law or
    regulation, during fiscal year 2021, the Secretary of Housing and Urban
    Development may not delegate to any Department official other than the
    Deputy Secretary and the Assistant Secretary for Public and Indian
    Housing any authority under paragraph (2) of section 9(j) of the Act
    regarding the extension of the time periods under such section:
    Provided further, That <>  for purposes of such
    section 9(j), the term ``obligate'' means, with respect to amounts, that
    the amounts are subject to a binding agreement that will result in
    outlays, immediately or in the future.

    choice neighborhoods initiative

    For competitive grants under the Choice Neighborhoods Initiative
    (subject to section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) unless otherwise specified under this heading), for
    transformation, rehabilitation, and replacement housing needs of both
    public and HUD-assisted housing and to transform neighborhoods of
    poverty into functioning, sustainable mixed income neighborhoods with
    appropriate services, schools, public assets, transportation and access
    to jobs, $200,000,000, to remain available until September 30, 2023:
    Provided, That grant funds may be used for resident and community
    services, community development, and affordable housing needs in the
    community, and for conversion of vacant or foreclosed properties to
    affordable housing:  Provided further, That the use of funds made
    available under this heading shall not be deemed to be for public
    housing notwithstanding section 3(b)(1) of such Act:  Provided further,
    That <>  grantees shall commit to an
    additional period of affordability determined by the Secretary of not
    fewer than 20 years:  Provided further, That grantees shall provide a
    match in State, local, other Federal or private funds:  Provided
    further, That grantees may include local governments, Tribal entities,
    public housing agencies, and nonprofit organizations:  Provided further,
    That for-profit developers may

    [[Page 1876]]

    apply jointly with a public entity:  Provided further,
    That <>  for purposes of environmental review, a
    grantee shall be treated as a public housing agency under section 26 of
    the United States Housing Act of 1937 (42 U.S.C. 1437x), and grants made
    with amounts available under this heading shall be subject to the
    regulations issued by the Secretary to implement such section:  Provided
    further, That of the amount provided under this heading, not less than
    $100,000,000 shall be awarded to public housing agencies:  Provided
    further, That such grantees shall create partnerships with other local
    organizations, including assisted housing owners, service agencies, and
    resident organizations:  Provided further,
    That <>  the Secretary shall consult
    with the Secretaries of Education, Labor, Transportation, Health and
    Human Services, Agriculture, and Commerce, the Attorney General, and the
    Administrator of the Environmental Protection Agency to coordinate and
    leverage other appropriate Federal resources:  Provided further, That
    not more than $5,000,000 of funds made available under this heading may
    be provided as grants to undertake comprehensive local planning with
    input from residents and the community:  Provided further, That
    unobligated balances, including recaptures, remaining from funds
    appropriated under the heading ``Revitalization of Severely Distressed
    Public Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal years
    may be used for purposes under this heading, notwithstanding the
    purposes for which such amounts were appropriated:  Provided further,
    That <>  the Secretary shall
    make grant awards not later than 1 year after the date of enactment of
    this Act in such amounts that the Secretary determines:  Provided
    further, That notwithstanding section 24(o) of the United States Housing
    Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, until September 30,
    2023, obligate any available unobligated balances made available under
    this heading in this or any prior Act.

    self-sufficiency programs

    For activities and assistance related to Self-Sufficiency Programs,
    to remain available until September 30, 2024, $155,000,000:  Provided,
    That the amounts made available under this heading are provided as
    follows:
    (1) $105,000,000 shall be for the Family Self-Sufficiency
    program to support family self-sufficiency coordinators under
    section 23 of the United States Housing Act of 1937 (42 U.S.C.
    1437u), to promote the development of local strategies to
    coordinate the use of assistance under sections 8 and 9 of such
    Act with public and private resources, and enable eligible
    families to achieve economic independence and self-sufficiency:
    Provided, That <>  the
    Secretary may, by Federal Register notice, waive or specify
    alternative requirements under subsections (b)(3), (b)(4),
    (b)(5), or (c)(1) of section 23 of such Act in order to
    facilitate the operation of a unified self-sufficiency program
    for individuals receiving assistance under different provisions
    of such Act, as determined by the Secretary:  Provided further,
    That <>  owners or sponsors of a multifamily
    property receiving project-based rental assistance under section
    8 of such Act may voluntarily make a Family Self-Sufficiency
    program available to the assisted tenants of such property in
    accordance with procedures established by the Secretary:
    Provided further, That such procedures established pursuant to
    the previous

    [[Page 1877]]

    proviso shall permit participating tenants to accrue escrow
    funds in accordance with section 23(d)(2) of such Act and shall
    allow owners to use funding from residual receipt accounts to
    hire coordinators for their own Family Self-Sufficiency program;
    (2) $35,000,000 shall be for the Resident Opportunity and
    Self-Sufficiency program to provide for supportive services,
    service coordinators, and congregate services as authorized by
    section 34 of the United States Housing Act of 1937 (42 U.S.C.
    1437z-6) and the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
    (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled
    after the Jobs-Plus demonstration:  Provided,
    That <>  funding provided under this paragraph
    shall be available for competitive grants to partnerships
    between public housing authorities, local workforce investment
    boards established under section 107 of the Workforce Innovation
    and Opportunity Act of 2014 (29 U.S.C. 3122), and other agencies
    and organizations that provide support to help public housing
    residents obtain employment and increase earnings:  Provided
    further, That applicants must demonstrate the ability to provide
    services to residents, partner with workforce investment boards,
    and leverage service dollars:  Provided further,
    That <>  the Secretary may allow
    public housing agencies to request exemptions from rent and
    income limitation requirements under sections 3 and 6 of the
    United States Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as
    necessary to implement the Jobs-Plus program, on such terms and
    conditions as the Secretary may approve upon a finding by the
    Secretary that any such waivers or alternative requirements are
    necessary for the effective implementation of the Jobs-Plus
    initiative as a voluntary program for residents:  Provided
    further, That <>  the Secretary shall publish by notice
    in the Federal Register any waivers or alternative requirements
    pursuant to the preceding proviso no later than 10 days before
    the effective date of such notice.

    native american programs

    For activities and assistance authorized under title I of the Native
    American Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
    (25 U.S.C. 4111 et seq.), title I of the Housing and Community
    Development Act of 1974 with respect to Indian tribes (42 U.S.C.
    5306(a)(1)), and related training and technical assistance,
    $825,000,000, to remain available until September 30, 2025:  Provided,
    That the amounts made available under this heading are provided as
    follows:
    (1) $647,000,000 shall be available for the Native American
    Housing Block Grants program, as authorized under title I of
    NAHASDA:  Provided,
    That, <>  notwithstanding
    NAHASDA, to determine the amount of the allocation under title I
    of such Act for each Indian tribe, the Secretary shall apply the
    formula under section 302 of NAHASDA with the need component
    based on single-race census data and with the need component
    based on multi-race census data, and the amount of the
    allocation for each Indian tribe shall be the greater of the two
    resulting allocation amounts:  Provided further,
    That <>  the Secretary will

    [[Page 1878]]

    notify grantees of their formula allocation within 60 days of
    the date of enactment of this Act;
    (2) $100,000,000 shall be available for competitive grants
    under the Native American Housing Block Grants program, as
    authorized under title I of NAHASDA:  Provided, That the
    Secretary shall obligate this additional amount for competitive
    grants to eligible recipients authorized under NAHASDA that
    apply for funds:  Provided further, That <>  in
    awarding this additional amount, the Secretary shall consider
    need and administrative capacity, and shall give priority to
    projects that will spur construction and rehabilitation of
    housing:  Provided further, That a grant funded pursuant to this
    paragraph shall be in an amount not less than $500,000 and not
    greater than $10,000,000:  Provided further, That any funds
    transferred for the necessary costs of administering and
    overseeing the obligation and expenditure of such additional
    amounts in prior Acts may also be used for the necessary costs
    of administering and overseeing such additional amount;
    (3) $1,000,000 shall be available for the cost of guaranteed
    notes and other obligations, as authorized by title VI of
    NAHASDA:  Provided, That such costs, including the costs of
    modifying such notes and other obligations, shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as
    amended:  Provided further, That for fiscal year 2021 funds made
    available in this Act for the cost of guaranteed notes and other
    obligations and any unobligated balances, including recaptures
    and carryover, remaining from amounts appropriated for this
    purpose under this heading or under the heading ``Native
    American Housing Block Grants'' in prior Acts are available to
    subsidize the total principal amount of any notes and other
    obligations, any part of which is to be guaranteed, not to
    exceed $45,649,452;
    (4) $70,000,000 shall be available for grants to Indian
    tribes for carrying out the Indian Community Development Block
    Grant program under title I of the Housing and Community
    Development Act of 1974, notwithstanding section 106(a)(1) of
    such Act, of which, notwithstanding any other provision of law
    (including section 203 of this Act), up to $4,000,000 may be
    used for emergencies that constitute imminent threats to health
    and safety:  Provided, That not to exceed 20 percent of any
    grant made with funds appropriated under this paragraph shall be
    expended for planning and management development and
    administration; and
    (5) $7,000,000 shall be available for providing training and
    technical assistance to Indian tribes, Indian housing
    authorities, and tribally designated housing entities, to
    support the inspection of Indian housing units, contract
    expertise, and for training and technical assistance related to
    funding provided under this heading and other headings under
    this Act for the needs of Native American families and Indian
    country:  Provided, That of the funds made available under this
    paragraph, not less than $2,000,000 shall be available for a
    national organization as authorized under section 703 of NAHASDA
    (25 U.S.C. 4212):  Provided further,
    That <>  amounts made available under this
    paragraph may be used, contracted, or competed as determined by
    the Secretary:  Provided further, That <>
    notwithstanding the provisions of the Federal Grant and
    Cooperative

    [[Page 1879]]

    Agreements Act of 1977 (31 U.S.C. 6301-6308), the amounts made
    available under this paragraph may be used by the Secretary to
    enter into cooperative agreements with public and private
    organizations, agencies, institutions, and other technical
    assistance providers to support the administration of negotiated
    rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the
    administration of the allocation formula under section 302 of
    NAHASDA (25 U.S.C. 4152), and the administration of performance
    tracking and reporting under section 407 of NAHASDA (25 U.S.C.
    4167).

    indian housing loan guarantee fund program account

    For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $1,500,000, to remain available until expended:  Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974:  Provided
    further, That an additional $500,000, to remain available until
    expended, shall be available for administrative contract expenses
    including management processes to carry out the loan guarantee program:
    Provided further, That for fiscal year 2021 funds made available in this
    and prior Acts for the cost of guaranteed loans, as authorized by
    section 184 of the Housing and Community Development Act of 1992 (12
    U.S.C. 1715z-13a), that are unobligated, including recaptures and
    carryover, are available to subsidize total loan principal, any part of
    which is to be guaranteed, up to $1,000,000,000.

    native hawaiian housing block grant

    For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4221 et seq.), $2,000,000, to
    remain available until September 30, 2025:  Provided, That
    notwithstanding section 812(b) of such Act, the Department of Hawaiian
    Home Lands may not invest grant amounts made available under this
    heading in investment securities and other obligations:  Provided
    further, That amounts made available under this heading in this and
    prior fiscal years may be used to provide rental assistance to eligible
    Native Hawaiian families both on and off the Hawaiian Home Lands,
    notwithstanding any other provision of law.

    Community Planning and Development

    housing opportunities for persons with aids

    For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $430,000,000, to remain available until September 30,
    2022, except that amounts allocated pursuant to section 854(c)(5) of
    such Act shall remain available until September 30, 2023:  Provided,
    That <>  the Secretary shall renew or replace all
    expiring contracts for permanent supportive housing that initially were
    funded under section 854(c)(5) of such Act from funds made available
    under this heading in fiscal year 2010 and prior fiscal years that meet
    all program requirements before

    [[Page 1880]]

    awarding funds for new contracts under such section:  Provided further,
    That <>  the process for submitting amendments and
    approving replacement contracts shall be established by the Secretary in
    a notice:  Provided further, That <>  the
    Department shall notify grantees of their formula allocation within 60
    days of enactment of this Act.

    community development fund

    For carrying out the community development block grant program under
    title I of the Housing and Community Development Act of 1974, as amended
    (42 U.S.C. 5301 et seq.) (in this heading ``the Act''), $3,475,000,000,
    to remain available until September 30, 2023, unless otherwise
    specified:  Provided, That <>  unless explicitly provided
    for under this heading, not to exceed 20 percent of any grant made with
    funds made available under this heading shall be expended for planning
    and management development and administration:  Provided further, That a
    metropolitan city, urban county, unit of general local government, or
    insular area that directly or indirectly receives funds under this
    heading may not sell, trade, or otherwise transfer all or any portion of
    such funds to another such entity in exchange for any other funds,
    credits, or non-Federal considerations, but shall use such funds for
    activities eligible under title I of the Act:  Provided further,
    That <>  notwithstanding section 105(e)(1) of the
    Act, no funds made available under this heading may be provided to a
    for-profit entity for an economic development project under section
    105(a)(17) unless such project has been evaluated and selected in
    accordance with guidelines required under subsection (e)(2) of section
    105:  Provided further, That of the total amount provided under this
    heading, $25,000,000 shall be for activities authorized under section
    8071 of the SUPPORT for Patients and Communities Act (Public Law 115-
    271):  Provided further, That the funds allocated pursuant to the
    preceding proviso shall not adversely affect the amount of any formula
    assistance received by a State under this heading:  Provided further,
    That <>  the Secretary shall allocate the funds for
    such activities based on the notice establishing the funding formula
    published in 84 FR 16027 (April 17, 2019) except that the formula shall
    use age-adjusted rates of drug overdose deaths for 2018 based on data
    from the Centers for Disease Control and Prevention:  Provided further,
    That <>  the Department of Housing and
    Urban Development shall notify grantees of their formula allocation
    within 60 days of enactment of this Act.

    community development loan guarantees program account

    Subject to section 502 of the Congressional Budget Act of 1974 (2
    U.S.C. 661a), during fiscal year 2021, commitments to guarantee loans
    under section 108 of the Housing and Community Development Act of 1974
    (42 U.S.C. 5308), any part of which is guaranteed, shall not exceed a
    total principal amount of $300,000,000, notwithstanding any aggregate
    limitation on outstanding obligations guaranteed in subsection (k) of
    such section 108:  Provided, That <>  the Secretary shall
    collect fees from borrowers, notwithstanding subsection (m) of such
    section 108, to result in a credit subsidy cost of zero for guaranteeing
    such loans, and any such fees shall be collected in accordance with
    section 502(7) of the Congressional Budget Act of 1974:  Provided
    further, That such commitment

    [[Page 1881]]

    authority funded by fees may be used to guarantee, or make commitments
    to guarantee, notes or other obligations issued by any State on behalf
    of non-entitlement communities in the State in accordance with the
    requirements of such section 108:  Provided further,
    That <>  any State receiving such a guarantee or
    commitment under the preceding proviso shall distribute all funds
    subject to such guarantee to the units of general local government in
    nonentitlement areas that received the commitment.

    home investment partnerships program

    For the HOME Investment Partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended (42 U.S.C. 12721 et seq.), $1,350,000,000, to remain available
    until September 30, 2024:  Provided, That notwithstanding the amount
    made available under this heading, the threshold reduction requirements
    in sections 216(10) and 217(b)(4) of such Act shall not apply to
    allocations of such amount:  Provided further,
    That <>  the Department shall notify
    grantees of their formula allocations within 60 days after enactment of
    this Act:  Provided further, That section 218(g) of such Act (42 U.S.C.
    12748(g)) shall not apply with respect to the right of a jurisdiction to
    draw funds from its HOME Investment Trust Fund that otherwise expired or
    would expire in 2016, 2017, 2018, 2019, 2020, 2021, 2022, or 2023 under
    that section:  Provided further, That section 231(b) of such Act (42
    U.S.C. 12771(b)) shall not apply to any uninvested funds that otherwise
    were deducted or would be deducted from the line of credit in the
    participating jurisdiction's HOME Investment Trust Fund in 2018, 2019,
    2020, 2021, 2022, or 2023 under that section.

    self-help and assisted homeownership opportunity program

    For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996 (42 U.S.C. 12805 note), $60,000,000, to remain available
    until September 30, 2023:  Provided, That of the total amount made
    available under this heading, $10,000,000 shall be for the Self-Help
    Homeownership Opportunity Program as authorized under such section 11:
    Provided further, That of the total amount made available under this
    heading, $41,000,000 shall be for the second, third, and fourth capacity
    building entities specified in section 4(a) of the HUD Demonstration Act
    of 1993 (42 U.S.C. 9816 note), of which not less than $5,000,000 shall
    be for rural capacity building activities:  Provided further, That of
    the total amount made available under this heading, $5,000,000 shall be
    for capacity building by national rural housing organizations having
    experience assessing national rural conditions and providing financing,
    training, technical assistance, information, and research to local
    nonprofit organizations, local governments, and Indian Tribes serving
    high need rural communities:  Provided further, That of the total amount
    provided under this heading, $4,000,000, shall be made available for a
    program to rehabilitate and modify the homes of disabled or low-income
    veterans, as authorized under section 1079 of Public Law 113-291:
    Provided further, That <>  the issuance of a Notice of
    Funding Availability for the funds provided under the previous proviso
    shall be completed within

    [[Page 1882]]

    120 days of enactment of this Act and such funds shall be awarded within
    180 days of such issuance.

    homeless assistance grants

    For assistance under title IV of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11360 et seq.), $3,000,000,000, to remain
    available until September 30, 2023:  Provided, That of the amounts made
    available under this heading--
    (1) not less than $290,000,000 shall be for the Emergency
    Solutions Grants program authorized under subtitle B of such
    title IV (42 U.S.C. 11371 et seq.):  Provided further,
    That <>  the Department shall
    notify grantees of their formula allocation from amounts
    allocated (which may represent initial or final amounts
    allocated) for the Emergency Solutions Grant program not later
    than 60 days after enactment of this Act;
    (2) not less than $2,569,000,000 shall be for the Continuum
    of Care program authorized under subtitle C of such title IV (42
    U.S.C. 11381 et seq.) and the Rural Housing Stability Assistance
    programs authorized under subtitle D of such title IV (42 U.S.C.
    11408):  Provided further, That <>  the
    Secretary shall prioritize funding under the Continuum of Care
    program to continuums of care that have demonstrated a capacity
    to reallocate funding from lower performing projects to higher
    performing projects:  Provided further,
    That <>  the Secretary shall provide
    incentives to create projects that coordinate with housing
    providers and healthcare organizations to provide permanent
    supportive housing and rapid re-housing services:  Provided
    further, That amounts made available for the Continuum of Care
    program under this heading in this Act and any remaining
    unobligated balances from prior Acts may be used to
    competitively or non-competitively renew or replace grants for
    youth homeless demonstration projects under the Continuum of
    Care program, notwithstanding any conflict with the requirements
    of the Continuum of Care program;
    (3) up to $52,000,000 shall be for grants for rapid re-
    housing projects and supportive service projects providing
    coordinated entry, and for eligible activities the Secretary
    determines to be critical in order to assist survivors of
    domestic violence, dating violence, sexual assault, or stalking,
    except that the Secretary may make additional grants for such
    projects and purposes from amounts made available for such
    Continuum of Care program:  Provided further, That such projects
    shall be eligible for renewal under the Continuum of Care
    program subject to the same terms and conditions as other
    renewal applicants;
    (4) up to $7,000,000 shall be for the national homeless data
    analysis project:  Provided further,
    That <>  notwithstanding the
    provisions of the Federal Grant and Cooperative Agreements Act
    of 1977 (31 U.S.C. 6301-6308), the amounts made available under
    this paragraph and any remaining unobligated balances under this
    heading for such purposes in prior Acts may be used by the
    Secretary to enter into cooperative agreements with such
    entities as may be determined by the Secretary, including public
    and private organizations, agencies, and institutions; and

    [[Page 1883]]

    (5) <>  up to $82,000,000 shall be to
    implement projects to demonstrate how a comprehensive approach
    to serving homeless youth, age 24 and under, in up to 25
    communities with a priority for communities with substantial
    rural populations in up to eight locations, can dramatically
    reduce youth homelessness:  Provided further, That of the amount
    made available under this paragraph, up to $10,000,000 shall be
    to provide technical assistance on improving system responses to
    youth homelessness, and collection, analysis, use, and reporting
    of data and performance measures under the comprehensive
    approaches to serve homeless youth, in addition to and in
    coordination with other technical assistance funds provided
    under this title:  Provided further, That the Secretary may use
    up to 10 percent of the amount made available under the previous
    proviso to build the capacity of current technical assistance
    providers or to train new technical assistance providers with
    verifiable prior experience with systems and programs for youth
    experiencing homelessness:

    Provided further, That youth aged 24 and under seeking assistance
    under this heading shall not be required to provide third party
    documentation to establish their eligibility under subsection (a) or (b)
    of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11302) to receive services:  Provided further, That <>  unaccompanied youth aged 24 and under or
    families headed by youth aged 24 and under who are living in unsafe
    situations may be served by youth-serving providers funded under this
    heading:  Provided further, That persons eligible under section
    103(a)(5) of the McKinney-Vento Homeless Assistance Act may be served by
    any project funded under this heading to provide both transitional
    housing and rapid re-housing:  Provided further, That for all matching
    funds requirements applicable to funds made available under this heading
    for this fiscal year and prior fiscal years, a grantee may use (or could
    have used) as a source of match funds other funds administered by the
    Secretary and other Federal agencies unless there is (or was) a specific
    statutory prohibition on any such use of any such funds:  Provided
    further, That <>  none of the funds made available
    under this heading shall be available to provide funding for new
    projects, except for projects created through reallocation, unless the
    Secretary determines that the continuum of care has demonstrated that
    projects are evaluated and ranked based on the degree to which they
    improve the continuum of care's system performance:  Provided further,
    That <>  any unobligated amounts remaining from
    funds made available under this heading in fiscal year 2012 and prior
    years for project-based rental assistance for rehabilitation projects
    with 10-year grant terms may be used for purposes under this heading,
    notwithstanding the purposes for which such funds were appropriated:
    Provided further, That unobligated balances, including recaptures and
    carryover, remaining from funds transferred to or appropriated under
    this heading in fiscal year 2019 or prior years, except for rental
    assistance amounts that were recaptured and made available until
    expended, shall be available for the current purposes authorized under
    this heading in addition to the purposes for which such funds originally
    were appropriated.

    [[Page 1884]]

    Housing Programs

    project-based rental assistance

    For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
    1437 et seq.) (``the Act''), not otherwise provided for,
    $13,065,000,000, to remain available until expended, shall be available
    on October 1, 2020 (in addition to the $400,000,000 previously
    appropriated under this heading that became available October 1, 2020),
    and $400,000,000, to remain available until expended, shall be available
    on October 1, 2021:  Provided, That <>  the amounts
    made available under this heading shall be available for expiring or
    terminating section 8 project-based subsidy contracts (including section
    8 moderate rehabilitation contracts), for amendments to section 8
    project-based subsidy contracts (including section 8 moderate
    rehabilitation contracts), for contracts entered into pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11401), for renewal of section 8 contracts for units in projects that
    are subject to approved plans of action under the Emergency Low Income
    Housing Preservation Act of 1987 or the Low-Income Housing Preservation
    and Resident Homeownership Act of 1990, and for administrative and other
    expenses associated with project-based activities and assistance funded
    under this heading:  Provided further, That of the total amounts
    provided under this heading, not to exceed $350,000,000 shall be
    available for performance-based contract administrators for section 8
    project-based assistance, for carrying out 42 U.S.C. 1437(f):  Provided
    further, That the Secretary may also use such amounts in the previous
    proviso for performance-based contract administrators for the
    administration of: interest reduction payments pursuant to section
    236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
    supplement payments pursuant to section 101 of the Housing and Urban
    Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
    assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
    contracts for the elderly under section 202(c)(2) of the Housing Act of
    1959 (12 U.S.C. 1701q); project rental assistance contracts for
    supportive housing for persons with disabilities under section 811(d)(2)
    of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
    8013(d)(2)); project assistance contracts pursuant to section 202(h) of
    the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans
    under section 202 of the Housing Act of 1959 (Public Law 86-372; 73
    Stat. 667):  Provided further, That amounts recaptured under this
    heading, the heading ``Annual Contributions for Assisted Housing'', or
    the heading ``Housing Certificate Fund'', may be used for renewals of or
    amendments to section 8 project-based contracts or for performance-based
    contract administrators, notwithstanding the purposes for which such
    amounts were appropriated:  Provided further,
    That, <>  notwithstanding any other provision of
    law, upon the request of the Secretary, project funds that are held in
    residual receipts accounts for any project subject to a section 8
    project-based Housing Assistance Payments contract that authorizes the
    Department or a housing finance agency to require that surplus project
    funds be deposited in an interest-bearing residual receipts account and
    that are in excess of an amount to be determined by the Secretary, shall
    be remitted to the Department and deposited in this account,

    [[Page 1885]]

    to be available until expended:  Provided further, That amounts
    deposited pursuant to the previous proviso shall be available in
    addition to the amount otherwise provided by this heading for uses
    authorized under this heading.

    housing for the elderly

    For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q), for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 5-year term, for senior
    preservation rental assistance contracts, including renewals, as
    authorized by section 811(e) of the American Homeownership and Economic
    Opportunity Act of 2000 (12 U.S.C. 1701q note), and for supportive
    services associated with the housing, $855,000,000 to remain available
    until September 30, 2024:  Provided, That of the amount made available
    under this heading, up to $125,000,000 shall be for service coordinators
    and the continuation of existing congregate service grants for residents
    of assisted housing projects:  Provided further, That amounts made
    available under this heading shall be available for Real Estate
    Assessment Center inspections and inspection-related activities
    associated with section 202 projects:  Provided further,
    That <>  the Secretary may waive
    the provisions of section 202 governing the terms and conditions of
    project rental assistance, except that the initial contract term for
    such assistance shall not exceed 5 years in duration:  Provided further,
    That <>  upon request of the Secretary, project
    funds that are held in residual receipts accounts for any project
    subject to a section 202 project rental assistance contract, and that
    upon termination of such contract are in excess of an amount to be
    determined by the Secretary, shall be remitted to the Department and
    deposited in this account, to remain available until September 30, 2024:
    Provided further, That amounts deposited in this account pursuant to
    the previous proviso shall be available, in addition to the amounts
    otherwise provided by this heading, for the purposes authorized under
    this heading:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be available for the current
    purposes authorized under this heading in addition to the purposes for
    which such funds originally were appropriated:  Provided further, That
    of the total amount made available under this heading, up to $14,000,000
    shall be used by the Secretary to continue demonstration programs to
    test housing with services models for the elderly that demonstrate the
    potential to delay or avoid the need for nursing home care:  Provided
    further, That of the total amount made available under this heading, up
    to $5,000,000 shall be used to expand the supply of intergenerational
    dwelling units (as such term is defined in section 202 of the Legacy Act
    of 2003 (12 U.S.C. 1701q note)) for elderly caregivers raising children.

    housing for persons with disabilities

    For capital advances, including amendments to capital advance
    contracts, for supportive housing for persons with disabilities, as

    [[Page 1886]]

    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 8013), for project rental assistance for
    supportive housing for persons with disabilities under section 811(d)(2)
    of such Act, for project assistance contracts pursuant to subsection (h)
    of section 202 of the Housing Act of 1959, as added by section 205(a) of
    the Housing and Community Development Amendments of 1978 (Public Law 95-
    557: 92 Stat. 2090), including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, for project rental assistance to State housing finance
    agencies and other appropriate entities as authorized under section
    811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act, and
    for supportive services associated with the housing for persons with
    disabilities as authorized by section 811(b)(1) of such Act,
    $227,000,000, to remain available until September 30, 2024:  Provided,
    That amounts made available under this heading shall be available for
    Real Estate Assessment Center inspections and inspection-related
    activities associated with section 811 projects:  Provided further,
    That, <>  upon the request of the
    Secretary, project funds that are held in residual receipts accounts for
    any project subject to a section 811 project rental assistance contract,
    and that upon termination of such contract are in excess of an amount to
    be determined by the Secretary, shall be remitted to the Department and
    deposited in this account, to remain available until September 30, 2024:
    Provided further, That amounts deposited in this account pursuant to
    the previous proviso shall be available in addition to the amounts
    otherwise provided by this heading for the purposes authorized under
    this heading:  Provided further, That unobligated balances, including
    recaptures and carryover, remaining from funds transferred to or
    appropriated under this heading shall be used for the current purposes
    authorized under this heading in addition to the purposes for which such
    funds originally were appropriated.

    housing counseling assistance

    For contracts, grants, and other assistance excluding loans, as
    authorized under section 106 of the Housing and Urban Development Act of
    1968, as amended, $57,500,000, to remain available until September 30,
    2022, including up to $4,500,000 for administrative contract services:
    Provided, That funds shall be used for providing counseling and advice
    to tenants and homeowners, both current and prospective, with respect to
    property maintenance, financial management or literacy, and such other
    matters as may be appropriate to assist them in improving their housing
    conditions, meeting their financial needs, and fulfilling the
    responsibilities of tenancy or homeownership; for program
    administration; and for housing counselor training:  Provided further,
    That <>  for purposes of providing such grants from
    amounts provided under this heading, the Secretary may enter into
    multiyear agreements, as appropriate, subject to the availability of
    annual appropriations:  Provided further, That an additional $20,000,000
    (not subject to such section 106), to remain available until September
    30, 2023, shall be for competitive grants to nonprofit or governmental
    entities to provide legal assistance (including assistance related to
    pretrial activities, trial activities, post-trial activities and
    alternative dispute resolution) at no cost to eligible low-income
    tenants at risk of or subject to eviction:  Provided further, That in
    awarding grants under the

    [[Page 1887]]

    preceding proviso, the Secretary shall give preference to applicants
    that include a marketing strategy for residents of areas with high rates
    of eviction, have experience providing no-cost legal assistance to low-
    income individuals, including those with limited English proficiency or
    disabilities, and have sufficient capacity to administer such
    assistance:  Provided further, That <>
    the Secretary shall ensure, to the extent practicable, that the
    proportion of eligible tenants living in rural areas who will receive
    legal assistance with grant funds made available under this heading is
    not less than the overall proportion of eligible tenants who live in
    rural areas.

    payment to manufactured housing fees trust fund

    For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
    seq.), up to $13,000,000, to remain available until expended, of which
    $13,000,000 shall be derived from the Manufactured Housing Fees Trust
    Fund (established under section 620(e) of such Act (42 U.S.C. 5419(e)):
    Provided, That not to exceed the total amount appropriated under this
    heading shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund pursuant to section 620 of such Act:
    Provided further, That the amount made available under this heading from
    the general fund shall be reduced as such collections are received
    during fiscal year 2021 so as to result in a final fiscal year 2021
    appropriation from the general fund estimated at zero, and fees pursuant
    to such section 620 shall be modified as necessary to ensure such a
    final fiscal year 2021 appropriation:  Provided further, That for the
    dispute resolution and installation programs, the Secretary may assess
    and collect fees from any program participant:  Provided further, That
    such collections shall be deposited into the Trust Fund, and the
    Secretary, as provided herein, may use such collections, as well as fees
    collected under section 620 of such Act, for necessary expenses of such
    Act:  Provided further, That, notwithstanding the requirements of
    section 620 of such Act, the Secretary may carry out responsibilities of
    the Secretary under such Act through the use of approved service
    providers that are paid directly by the recipients of their services.

    Federal Housing Administration

    mutual mortgage insurance program account

    New commitments to guarantee single family loans insured under the
    Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
    remain available until September 30, 2022:  Provided, That during fiscal
    year 2021, obligations to make direct loans to carry out the purposes of
    section 204(g) of the National Housing Act, as amended, shall not exceed
    $1,000,000:  Provided further, That the foregoing amount in the previous
    proviso shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
    Provided further, That for administrative contract expenses of the
    Federal Housing Administration, $130,000,000, to remain available until
    September 30, 2022:  Provided further, That <>  to the
    extent guaranteed loan commitments exceed $200,000,000,000 on or before

    [[Page 1888]]

    April 1, 2021, an additional $1,400 for administrative contract expenses
    shall be available for each $1,000,000 in additional guaranteed loan
    commitments (including a pro rata amount for any amount below
    $1,000,000), but in no case shall funds made available by this proviso
    exceed $30,000,000:  Provided further, That notwithstanding the
    limitation in the first sentence of section 255(g) of the National
    Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2021 the
    Secretary may insure and enter into new commitments to insure mortgages
    under section 255 of the National Housing Act only to the extent that
    the net credit subsidy cost for such insurance does not exceed zero.

    general and special risk program account

    New commitments to guarantee loans insured under the General and
    Special Risk Insurance Funds, as authorized by sections 238 and 519 of
    the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
    $30,000,000,000 in total loan principal, any part of which is to be
    guaranteed, to remain available until September 30, 2022:  Provided,
    That during fiscal year 2021, gross obligations for the principal amount
    of direct loans, as authorized by sections 204(g), 207(l), 238, and
    519(a) of the National Housing Act, shall not exceed $1,000,000, which
    shall be for loans to nonprofit and governmental entities in connection
    with the sale of single family real properties owned by the Secretary
    and formerly insured under such Act.

    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

    New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $1,300,000,000,000, to remain available until September
    30, 2022:  Provided, That $33,500,000, to remain available until
    September 30, 2022, shall be for necessary salaries and expenses of the
    Office of Government National Mortgage Association:  Provided further,
    That <>  to the extent that guaranteed loan commitments
    exceed $155,000,000,000 on or before April 1, 2021, an additional $100
    for necessary salaries and expenses shall be available until expended
    for each $1,000,000 in additional guaranteed loan commitments (including
    a pro rata amount for any amount below $1,000,000), but in no case shall
    funds made available by this proviso exceed $3,000,000:  Provided
    further, That receipts from Commitment and Multiclass fees collected
    pursuant to title III of the National Housing Act (12 U.S.C. 1716 et
    seq.) shall be credited as offsetting collections to this account.

    Policy Development and Research

    research and technology

    For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing

    [[Page 1889]]

    and Urban Development under section 1(a)(1)(i) of Reorganization Plan
    No. 2 of 1968, and for technical assistance, $105,000,000, to remain
    available until September 30, 2022:  Provided,
    That <>  with respect to amounts made available under
    this heading, notwithstanding section 203 of this title, the Secretary
    may enter into cooperative agreements with philanthropic entities, other
    Federal agencies, State or local governments and their agencies, Indian
    Tribes, tribally designated housing entities, or colleges or
    universities for research projects:  Provided further,
    That <>  with respect to the preceding proviso,
    such partners to the cooperative agreements shall contribute at least a
    50 percent match toward the cost of the project:  Provided further,
    That <>  for non-competitive agreements entered into
    in accordance with the preceding two provisos, the Secretary shall
    comply with section 2(b) of the Federal Funding Accountability and
    Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu of
    compliance with section 102(a)(4)(C) of the Department of Housing and
    Urban Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with
    respect to documentation of award decisions:  Provided further,
    That <>  prior to obligation of technical
    assistance funding, the Secretary shall submit a plan to the House and
    Senate Committees on Appropriations on how the Secretary will allocate
    funding for this activity at least 30 days prior to obligation:
    Provided further, That none of the funds provided under this heading may
    be available for the doctoral dissertation research grant program.

    Fair Housing and Equal Opportunity

    fair housing activities

    For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968 (42
    U.S.C. 3601 et seq.), and section 561 of the Housing and Community
    Development Act of 1987 (42 U.S.C. 3616a), $72,555,000, to remain
    available until September 30, 2022:  Provided, That <>
    notwithstanding section 3302 of title 31, United States Code, the
    Secretary may assess and collect fees to cover the costs of the Fair
    Housing Training Academy, and may use such funds to develop on-line
    courses and provide such training:  Provided further,
    That <>  none of the funds made available under this
    heading may be used to lobby the executive or legislative branches of
    the Federal Government in connection with a specific contract, grant, or
    loan:  Provided further, That of the funds made available under this
    heading, $350,000 shall be available to the Secretary for the creation
    and promotion of translated materials and other programs that support
    the assistance of persons with limited English proficiency in utilizing
    the services provided by the Department of Housing and Urban
    Development.

    Office of Lead Hazard Control and Healthy Homes

    lead hazard reduction

    (including transfer of funds)

    For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $360,000,000, to remain available until September

    [[Page 1890]]

    30, 2023, of which $60,000,000 shall be for the Healthy Homes
    Initiative, pursuant to sections 501 and 502 of the Housing and Urban
    Development Act of 1970, which shall include research, studies, testing,
    and demonstration efforts, including education and outreach concerning
    lead-based paint poisoning and other housing-related diseases and
    hazards:  Provided, That for purposes of environmental review, pursuant
    to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.) and other provisions of law that further the purposes of such Act,
    a grant under the Healthy Homes Initiative, or the Lead Technical
    Studies program under this heading or under prior appropriations Acts
    for such purposes under this heading, shall be considered to be funds
    for a special project for purposes of section 305(c) of the Multifamily
    Housing Property Disposition Reform Act of 1994:  Provided further, That
    not less than $95,000,000 of the amounts made available under this
    heading for the award of grants pursuant to section 1011 of the
    Residential Lead-Based Paint Hazard Reduction Act of 1992 shall be
    provided to areas with the highest lead-based paint abatement needs:
    Provided further, <>  That with
    respect to obligated amounts appropriated under this heading in title II
    of division G of the Consolidated Appropriations Act, 2019 (Public Law
    116-6) for the implementation of projects to demonstrate how intensive,
    extended, multi-year interventions can dramatically reduce the presence
    of lead-based paint hazards in communities: (1) such projects may serve
    more than four contiguous census tracts; (2) such projects shall allow
    for enrollment of families and homes within the community beyond where
    the initially targeted census tracts were located, provided that such
    projects meet the highest lead-based paint abatement needs, as
    determined by the Secretary; and (3) such projects may exceed 5 years in
    duration, notwithstanding any inconsistent requirements:  Provided
    further, That of the amount made available for the Healthy Homes
    Initiative, $5,000,000 shall be for the implementation of projects in up
    to five communities that are served by both the Healthy Homes Initiative
    and the Department of Energy weatherization programs to demonstrate
    whether the coordination of Healthy Homes remediation activities with
    weatherization activities achieves cost savings and better outcomes in
    improving the safety and quality of homes:  Provided
    further, <>  That each applicant for a
    grant or cooperative agreement under this heading shall certify adequate
    capacity that is acceptable to the Secretary to carry out the proposed
    use of funds pursuant to a notice of funding availability:  Provided
    further, That of the amounts made available under this heading,
    $10,000,000 shall be for a program established by the Secretary to make
    grants to experienced non-profit organizations, States, local
    governments, or public housing agencies for safety and functional home
    modification repairs to meet the needs of low-income elderly homeowners
    to enable them to remain in their primary residence:  Provided further,
    That of the total amount made available under the previous proviso, no
    less than $5,000,000 shall be available to meet such needs in
    communities with substantial rural populations:  Provided further, That
    amounts made available under this heading, except for amounts in the
    previous two provisos, in this or prior appropriations Acts, still
    remaining available, may be used for any purpose under this heading
    notwithstanding the purpose for which such amounts were appropriated if
    a program

    [[Page 1891]]

    competition is undersubscribed and there are other program competitions
    under this heading that are oversubscribed:  Provided further, That up
    to $2,000,000 of the amounts made available under this heading may be
    transferred to the heading ``Policy Development and Research'' for the
    purposes of conducting research and studies and for use in accordance
    with the provisos under that heading for non-competitive agreements.

    Information Technology Fund

    For the development, modernization, and enhancement of,
    modifications to, and infrastructure for Department-wide and program-
    specific information technology systems, for the continuing operation
    and maintenance of both Department-wide and program-specific information
    systems, and for program-related maintenance activities, $300,000,000,
    of which $260,000,000 shall remain available until September 30, 2022,
    and of which $40,000,000 shall remain available until September 30,
    2024:  Provided, That any amounts transferred to this Fund under this
    Act shall remain available until expended:  Provided further, That any
    amounts transferred to this Fund from amounts appropriated by previously
    enacted appropriations Acts may be used for the purposes specified under
    this Fund, in addition to any other information technology purposes for
    which such amounts were appropriated:  Provided
    further, <>  That not more than 10 percent of
    the funds made available under this heading for development,
    modernization, and enhancement may be obligated until the Secretary
    submits a performance plan to the House and Senate Committees on
    Appropriations for approval.

    Office of Inspector General

    For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $135,514,000:  Provided, That the Inspector General shall have
    independent authority over all personnel issues within this
    office: <>   Provided further,
    That for this fiscal year and each fiscal year thereafter, subject to
    appropriations for that purpose, the Office of Inspector General shall
    procure and rely upon the services of an independent external auditor(s)
    to audit the financial statements of the Department of Housing and Urban
    Development, including the consolidated financial statement and the
    financial statements of the Federal Housing Administration and the
    Government National Mortgage Association:  Provided further, That in
    addition to amounts under this heading otherwise available for the
    purposes specified in the previous proviso, $1,686,000 shall be
    available only for such specified purposes.

    General Provisions--Department of Housing and Urban Development

    (including transfer of funds)

    (including rescissions)

    Sec. 201.  Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described

    [[Page 1892]]

    in section 1012(a) of the Stewart B. McKinney Homeless Assistance
    Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded or in
    the case of cash, shall be remitted to the Treasury, and such amounts of
    budget authority or cash recaptured and not rescinded or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement occurred
    after January 1, 1992, in accordance with such section. Notwithstanding
    the previous sentence, the Secretary may award up to 15 percent of the
    budget authority or cash recaptured and not rescinded or remitted to the
    Treasury to provide project owners with incentives to refinance their
    project at a lower interest rate.
    Sec. 202.  None of the funds made available by this Act may be used
    during fiscal year 2021 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a nonfrivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
    Sec. 203.  Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
    Sec. 204.  Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1).
    Sec. 205.  Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
    Sec. 206.  Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act are hereby authorized to make such expenditures, within the
    limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set forth in the budget for 2021 for such corporation or
    agency except as hereinafter provided:  Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty

    [[Page 1893]]

    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.
    Sec. 207.  <>  The Secretary
    shall provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of the
    Department and shall submit additional, updated budget information to
    these Committees upon request.

    Sec. 208.  None of the funds made available by this title may be
    used for an audit of the Government National Mortgage Association that
    makes applicable requirements under the Federal Credit Reform Act of
    1990 (2 U.S.C. 661 et seq.).
    Sec. 209.  (a) Notwithstanding any other provision of law, subject
    to the conditions listed under this section, for fiscal years 2021 and
    2022, the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt held or insured
    by the Secretary and statutorily required low-income and very low-income
    use restrictions if any, associated with one or more multifamily housing
    project or projects to another multifamily housing project or projects.
    (b) Phased Transfers.--Transfers of project-based assistance under
    this section may be done in phases to accommodate the financing and
    other requirements related to rehabilitating or constructing the project
    or projects to which the assistance is transferred, to ensure that such
    project or projects meet the standards under subsection (c).
    (c) The transfer authorized in subsection (a) is subject to the
    following conditions:
    (1) Number and bedroom size of units.--
    (A) For occupied units in the transferring project:
    The number of low-income and very low-income units and
    the configuration (i.e., bedroom size) provided by the
    transferring project shall be no less than when
    transferred to the receiving project or projects and the
    net dollar amount of Federal assistance provided to the
    transferring project shall remain the same in the
    receiving project or projects.
    (B) <>  For unoccupied units
    in the transferring project: The Secretary may authorize
    a reduction in the number of dwelling units in the
    receiving project or projects to allow for a
    reconfiguration of bedroom sizes to meet current market
    demands, as determined by the Secretary and provided
    there is no increase in the project-based assistance
    budget authority.
    (2) <>  The transferring project
    shall, as determined by the Secretary, be either physically
    obsolete or economically nonviable, or be reasonably expected to
    become economically nonviable when complying with state or
    Federal requirements for community integration and reduced
    concentration of individuals with disabilities.
    (3) <>  The receiving project or projects
    shall meet or exceed applicable physical standards established
    by the Secretary.
    (4) <>
    The owner or mortgagor of the transferring project shall notify
    and consult with the tenants residing in the transferring
    project and provide a certification of approval by all
    appropriate local governmental officials.

    [[Page 1894]]

    (5) The tenants of the transferring project who remain
    eligible for assistance to be provided by the receiving project
    or projects shall not be required to vacate their units in the
    transferring project or projects until new units in the
    receiving project are available for occupancy.
    (6) <>  The Secretary determines that
    this transfer is in the best interest of the tenants.
    (7) <>  If either
    the transferring project or the receiving project or projects
    meets the condition specified in subsection (d)(2)(A), any lien
    on the receiving project resulting from additional financing
    obtained by the owner shall be subordinate to any FHA-insured
    mortgage lien transferred to, or placed on, such project by the
    Secretary, except that the Secretary may waive this requirement
    upon determination that such a waiver is necessary to facilitate
    the financing of acquisition, construction, and/or
    rehabilitation of the receiving project or projects.
    (8) <>  If the transferring project meets
    the requirements of subsection (d)(2), the owner or mortgagor of
    the receiving project or projects shall execute and record
    either a continuation of the existing use agreement or a new use
    agreement for the project where, in either case, any use
    restrictions in such agreement are of no lesser duration than
    the existing use restrictions.
    (9) The transfer does not increase the cost (as defined in
    section 502 of the Congressional Budget Act of 1974(2 U.S.C.
    661a)) of any FHA-insured mortgage, except to the extent that
    appropriations are provided in advance for the amount of any
    such increased cost.

    (d) <>  For purposes of this section--
    (1) the terms ``low-income'' and ``very low-income'' shall
    have the meanings provided by the statute and/or regulations
    governing the program under which the project is insured or
    assisted;
    (2) the term ``multifamily housing project'' means housing
    that meets one of the following conditions--
    (A) housing that is subject to a mortgage insured
    under the National Housing Act;
    (B) housing that has project-based assistance
    attached to the structure including projects undergoing
    mark to market debt restructuring under the Multifamily
    Assisted Housing Reform and Affordability Housing Act;
    (C) housing that is assisted under section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q);
    (D) housing that is assisted under section 202 of
    the Housing Act of 1959 (12 U.S.C. 1701q), as such
    section existed before the enactment of the Cranston-
    Gonzales National Affordable Housing Act;
    (E) housing that is assisted under section 811 of
    the Cranston-Gonzales National Affordable Housing Act
    (42 U.S.C. 8013); or
    (F) housing or vacant land that is subject to a use
    agreement;
    (3) the term ``project-based assistance'' means--
    (A) assistance provided under section 8(b) of the
    United States Housing Act of 1937 (42 U.S.C. 1437f(b));
    (B) assistance for housing constructed or
    substantially rehabilitated pursuant to assistance
    provided under section

    [[Page 1895]]

    8(b)(2) of such Act (as such section existed immediately
    before October 1, 1983);
    (C) rent supplement payments under section 101 of
    the Housing and Urban Development Act of 1965 (12 U.S.C.
    1701s);
    (D) interest reduction payments under section 236
    and/or additional assistance payments under section
    236(f)(2) of the National Housing Act (12 U.S.C. 1715z-
    1);
    (E) assistance payments made under section 202(c)(2)
    of the Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
    (F) assistance payments made under section 811(d)(2)
    of the Cranston-Gonzalez National Affordable Housing Act
    (42 U.S.C. 8013(d)(2));
    (4) the term ``receiving project or projects'' means the
    multifamily housing project or projects to which some or all of
    the project-based assistance, debt, and statutorily required
    low-income and very low-income use restrictions are to be
    transferred;
    (5) the term ``transferring project'' means the multifamily
    housing project which is transferring some or all of the
    project-based assistance, debt, and the statutorily required
    low-income and very low-income use restrictions to the receiving
    project or projects; and
    (6) the term ``Secretary'' means the Secretary of Housing
    and Urban Development.

    (e) <>  Research Report.--The Secretary shall
    conduct an evaluation of the transfer authority under this section,
    including the effect of such transfers on the operational efficiency,
    contract rents, physical and financial conditions, and long-term
    preservation of the affected properties.

    Sec. 210.  (a) No assistance shall be provided under section 8 of
    the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
    individual who--
    (1) is enrolled as a student at an institution of higher
    education (as defined under section 102 of the Higher Education
    Act of 1965 (20 U.S.C. 1002));
    (2) is under 24 years of age;
    (3) is not a veteran;
    (4) is unmarried;
    (5) does not have a dependent child;
    (6) is not a person with disabilities, as such term is
    defined in section 3(b)(3)(E) of the United States Housing Act
    of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
    assistance under such section 8 as of November 30, 2005;
    (7) is not a youth who left foster care at age 14 or older
    and is at risk of becoming homeless; and
    (8) is not otherwise individually eligible, or has parents
    who, individually or jointly, are not eligible, to receive
    assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f).

    (b) <>  For purposes of determining the
    eligibility of a person to receive assistance under section 8 of the
    United States Housing Act of 1937 (42 U.S.C. 1437f), any financial
    assistance (in excess of amounts received for tuition and any other
    required fees and charges) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
    from an institution of higher education (as defined under section

    [[Page 1896]]

    102 of the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be
    considered income to that individual, except for a person over the age
    of 23 with dependent children.

    Sec. 211.  <>  The funds made
    available for Native Alaskans under paragraph (1) under the heading
    ``Native American Programs'' in title II of this Act shall be allocated
    to the same Native Alaskan housing block grant recipients that received
    funds in fiscal year 2005, and only such recipients shall be eligible to
    apply for funds made available under paragraph (2) of such heading.

    Sec. 212.  Notwithstanding any other provision of law, in fiscal
    year 2021, in managing and disposing of any multifamily property that is
    owned or has a mortgage held by the Secretary of Housing and Urban
    Development, and during the process of foreclosure on any property with
    a contract for rental assistance payments under section 8 of the United
    States Housing Act of 1937 (42 U.S.C. 1437f) or any other Federal
    programs, the Secretary shall maintain any rental assistance payments
    under section 8 of the United States Housing Act of 1937 and other
    programs that are attached to any dwelling units in the
    property. <>  To the extent the
    Secretary determines, in consultation with the tenants and the local
    government that such a multifamily property owned or having a mortgage
    held by the Secretary is not feasible for continued rental assistance
    payments under such section 8 or other programs, based on consideration
    of (1) the costs of rehabilitating and operating the property and all
    available Federal, State, and local resources, including rent
    adjustments under section 524 of the Multifamily Assisted Housing Reform
    and Affordability Act of 1997 (``MAHRAA'') (42 U.S.C. 1437f note), and
    (2) environmental conditions that cannot be remedied in a cost-effective
    fashion, the Secretary may, in consultation with the tenants of that
    property, contract for project-based rental assistance payments with an
    owner or owners of other existing housing properties, or provide other
    rental assistance. <>  The Secretary
    shall also take appropriate steps to ensure that project-based contracts
    remain in effect prior to foreclosure, subject to the exercise of
    contractual abatement remedies to assist relocation of tenants for
    imminent major threats to health and safety after written notice to and
    informed consent of the affected tenants and use of other available
    remedies, such as partial abatements or receivership. After disposition
    of any multifamily property described in this section, the contract and
    allowable rent levels on such properties shall be subject to the
    requirements under section 524 of MAHRAA.

    Sec. 213.  Public housing agencies that own and operate 400 or fewer
    public housing units may elect to be exempt from any asset management
    requirement imposed by the Secretary in connection with the operating
    fund rule:  Provided, That an agency seeking a discontinuance of a
    reduction of subsidy under the operating fund formula shall not be
    exempt from asset management requirements.
    Sec. 214.  <>  With respect to the use of
    amounts provided in this Act and in future Acts for the operation,
    capital improvement, and management of public housing as authorized by
    sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(d),(e)), the Secretary shall not impose any requirement or
    guideline relating to asset management that restricts or limits in any
    way the use of capital funds for central office costs pursuant to
    paragraph (1) or (2) of section 9(g) of the United States Housing

    [[Page 1897]]

    Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):  Provided, That a public
    housing agency may not use capital funds authorized under section 9(d)
    for activities that are eligible under section 9(e) for assistance with
    amounts from the operating fund in excess of the amounts permitted under
    paragraph (1) or (2) of section 9(g).

    Sec. 215.  <>  No official or employee of the
    Department of Housing and Urban Development shall be designated as an
    allotment holder unless the Office of the Chief Financial Officer has
    determined that such allotment holder has implemented an adequate system
    of funds control and has received training in funds control procedures
    and directives. The Chief Financial Officer shall ensure that there is a
    trained allotment holder for each HUD appropriation under the accounts
    ``Executive Offices'', ``Administrative Support Offices'', ``Program
    Offices'', ``Government National Mortgage Association--Guarantees of
    Mortgage-Backed Securities Loan Guarantee Program Account'', and
    ``Office of Inspector General'' within the Department of Housing and
    Urban Development.

    Sec. 216.  <>  The Secretary
    shall, for fiscal year 2021, notify the public through the Federal
    Register and other means, as determined appropriate, of the issuance of
    a notice of the availability of assistance or notice of funding
    availability (NOFA) for any program or discretionary fund administered
    by the Secretary that is to be competitively awarded. Notwithstanding
    any other provision of law, for fiscal year 2021, the Secretary may make
    the NOFA available only on the Internet at the appropriate Government
    website or through other electronic media, as determined by the
    Secretary.

    Web
    posting.
    Determinati
    on.

    Sec. 217.  Payment of attorney fees in program-related litigation
    shall be paid from the individual program office and Office of General
    Counsel salaries and expenses appropriations. The annual budget
    submission for the program offices and the Office of General Counsel
    shall include any such projected litigation costs for attorney fees as a
    separate line item request.
    Sec. 218.  The Secretary is authorized to transfer up to 10 percent
    or $5,000,000, whichever is less, of funds appropriated for any office
    under the headings ``Administrative Support Offices'' or ``Program
    Offices'' to any other such office under such headings:
    Provided, <>  That no appropriation for any
    such office under such headings shall be increased or decreased by more
    than 10 percent or $5,000,000, whichever is less, without prior written
    approval of the House and Senate Committees on
    Appropriations: <>   Provided further,
    That the Secretary shall provide notification to such Committees 3
    business days in advance of any such transfers under this section up to
    10 percent or $5,000,000, whichever is less.

    Sec. 219.  <>  (a) Any entity
    receiving housing assistance payments shall maintain decent, safe, and
    sanitary conditions, as determined by the Secretary, and comply with any
    standards under applicable State or local laws, rules, ordinances, or
    regulations relating to the physical condition of any property covered
    under a housing assistance payment contract.

    (b) The Secretary shall take action under subsection (c) when a
    multifamily housing project with a contract under section 8 of the
    United States Housing Act of 1937 (42 U.S.C. 1437f) or a contract for
    similar project-based assistance--
    (1) receives a Uniform Physical Condition Standards (UPCS)
    score of 60 or less; or

    [[Page 1898]]

    (2) <>  fails to certify in
    writing to the Secretary within 3 days that all Exigent Health
    and Safety deficiencies identified by the inspector at the
    project have been corrected.

    <> Such requirements shall apply to insured and
    noninsured projects with assistance attached to the units under section
    8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), but shall
    not apply to such units assisted under section 8(o)(13) of such Act (42
    U.S.C. 1437f(o)(13)) or to public housing units assisted with capital or
    operating funds under section 9 of the United States Housing Act of 1937
    (42 U.S.C. 1437g).

    (c) <> (1) Within 15 days of the issuance
    of the Real Estate Assessment Center (``REAC'') inspection, the
    Secretary shall provide the owner with a Notice of Default with a
    specified timetable, determined by the Secretary, for correcting all
    deficiencies. <>  The Secretary shall provide a copy of
    the Notice of Default to the tenants, the local government, any
    mortgagees, and any contract administrator. If the owner's appeal
    results in a UPCS score of 60 or above, the Secretary may withdraw the
    Notice of Default.

    (2) At the end of the time period for correcting all deficiencies
    specified in the Notice of Default, if the owner fails to fully correct
    such deficiencies, the Secretary may--
    (A) require immediate replacement of project management with
    a management agent approved by the Secretary;
    (B) impose civil money penalties, which shall be used solely
    for the purpose of supporting safe and sanitary conditions at
    applicable properties, as designated by the Secretary, with
    priority given to the tenants of the property affected by the
    penalty;
    (C) abate the section 8 contract, including partial
    abatement, as determined by the Secretary, until all
    deficiencies have been corrected;
    (D) pursue transfer of the project to an owner, approved by
    the Secretary under established procedures, who will be
    obligated to promptly make all required repairs and to accept
    renewal of the assistance contract if such renewal is offered;
    (E) transfer the existing section 8 contract to another
    project or projects and owner or owners;
    (F) pursue exclusionary sanctions, including suspensions or
    debarments from Federal programs;
    (G) seek judicial appointment of a receiver to manage the
    property and cure all project deficiencies or seek a judicial
    order of specific performance requiring the owner to cure all
    project deficiencies;
    (H) work with the owner, lender, or other related party to
    stabilize the property in an attempt to preserve the property
    through compliance, transfer of ownership, or an infusion of
    capital provided by a third-party that requires time to
    effectuate; or
    (I) take any other regulatory or contractual remedies
    available as deemed necessary and appropriate by the Secretary.

    (d) <>  The Secretary shall take
    appropriate steps to ensure that project-based contracts remain in
    effect, subject to the exercise of contractual abatement remedies to
    assist relocation of tenants for major threats to health and safety
    after written notice to the affected
    tenants. <>  To the extent the
    Secretary determines, in consultation with the tenants and the local
    government, that the property is not feasible for continued rental
    assistance payments

    [[Page 1899]]

    under such section 8 or other programs, based on consideration of--
    (1) the costs of rehabilitating and operating the property
    and all available Federal, State, and local resources, including
    rent adjustments under section 524 of the Multifamily Assisted
    Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
    (2) environmental conditions that cannot be remedied in a
    cost-effective fashion, the Secretary may contract for project-
    based rental assistance payments with an owner or owners of
    other existing housing properties, or provide other rental
    assistance.

    (e) <>  The Secretary shall report
    quarterly on all properties covered by this section that are assessed
    through the Real Estate Assessment Center and have UPCS physical
    inspection scores of less than 60 or have received an unsatisfactory
    management and occupancy review within the past 36 months. The report
    shall include--
    (1) identification of the enforcement actions being taken to
    address such conditions, including imposition of civil money
    penalties and termination of subsidies, and identification of
    properties that have such conditions multiple times;
    (2) identification of actions that the Department of Housing
    and Urban Development is taking to protect tenants of such
    identified properties; and
    (3) <>  any administrative or
    legislative recommendations to further improve the living
    conditions at properties covered under a housing assistance
    payment contract.

    This report shall be submitted to the Senate and House Committees on
    Appropriations not later than 30 days after the enactment of this Act,
    and on the first business day of each Federal fiscal year quarter
    thereafter while this section remains in effect.
    Sec. 220.  None of the funds made available by this Act, or any
    other Act, for purposes authorized under section 8 (only with respect to
    the tenant-based rental assistance program) and section 9 of the United
    States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
    public housing agency for any amount of salary, including bonuses, for
    the chief executive officer of which, or any other official or employee
    of which, that exceeds the annual rate of basic pay payable for a
    position at level IV of the Executive Schedule at any time during any
    public housing agency fiscal year 2021.
    Sec. 221.  <>  None of the
    funds made available by this Act and provided to the Department of
    Housing and Urban Development may be used to make a grant award unless
    the Secretary notifies the House and Senate Committees on Appropriations
    not less than 3 full business days before any project, State, locality,
    housing authority, Tribe, nonprofit organization, or other entity
    selected to receive a grant award is announced by the Department or its
    offices.

    Sec. 222.  None of the funds made available by this Act may be used
    to require or enforce the Physical Needs Assessment (PNA).
    Sec. 223.  <>  None of the funds
    made available in this Act shall be used by the Federal Housing
    Administration, the Government National Mortgage Association, or the
    Department of Housing and Urban Development to insure, securitize, or
    establish a Federal guarantee of any mortgage or mortgage backed
    security that

    [[Page 1900]]

    refinances or otherwise replaces a mortgage that has been subject to
    eminent domain condemnation or seizure, by a State, municipality, or any
    other political subdivision of a State.

    Sec. 224.  None of the funds made available by this Act may be used
    to terminate the status of a unit of general local government as a
    metropolitan city (as defined in section 102 of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
    grants under section 106 of such Act (42 U.S.C. 5306).
    Sec. 225.  Amounts made available by this Act that are appropriated,
    allocated, advanced on a reimbursable basis, or transferred to the
    Office of Policy Development and Research of the Department of Housing
    and Urban Development and functions thereof, for research, evaluation,
    or statistical purposes, and that are unexpended at the time of
    completion of a contract, grant, or cooperative agreement, may be
    deobligated and shall immediately become available and may be
    reobligated in that fiscal year or the subsequent fiscal year for the
    research, evaluation, or statistical purposes for which the amounts are
    made available to that Office subject to reprogramming requirements in
    section 405 of this Act.
    Sec. 226.  None of the funds provided in this Act or any other Act
    may be used for awards, including performance, special act, or spot, for
    any employee of the Department of Housing and Urban Development subject
    to administrative discipline (including suspension from work), in this
    fiscal year, but this prohibition shall not be effective prior to the
    effective date of any such administrative discipline or after any final
    decision over-turning such discipline.
    Sec. 227.  With respect to grant amounts awarded under the heading
    ``Homeless Assistance Grants'' for fiscal years 2015 through 2021 for
    the Continuum of Care (CoC) program as authorized under subtitle C of
    title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
    program income of grant recipients may count toward meeting the
    recipient's matching requirements, provided the costs are eligible CoC
    costs that supplement the recipient's CoC program.
    Sec. 228.  (a) From amounts made available under this title under
    the heading ``Homeless Assistance Grants'', the Secretary may award 1-
    year transition grants to recipients of funds for activities under
    subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11381 et seq.) to transition from one Continuum of Care program
    component to another.
    (b) <>  In order to be
    eligible to receive a transition grant, the funding recipient must have
    the consent of the continuum of care and meet standards determined by
    the Secretary.

    Sec. 229.  None of the funds made available by this Act may be used
    by the Department of Housing and Urban Development to direct a grantee
    to undertake specific changes to existing zoning laws as part of
    carrying out the final rule entitled ``Affirmatively Furthering Fair
    Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
    ``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
    57949 (September 26, 2014)).
    Sec. 230.  The Promise Zone designations and Promise Zone
    Designation Agreements entered into pursuant to such designations, made
    by the Secretary in prior fiscal years, shall remain in effect in
    accordance with the terms and conditions of such agreements.
    Sec. 231.  <>  None of the funds made available
    by this Act may be used to establish and apply review criteria,
    including rating factors or preference points, for participation in or
    coordination

    [[Page 1901]]

    with EnVision Centers, in the evaluation, selection, and award of any
    funds made available and requiring competitive selection under this Act,
    except with respect to any such funds otherwise authorized for EnVision
    Center purposes under this Act.

    Sec. 232.  <>  None of the funds made available by
    this or any prior Act may be used to require or enforce any changes to
    the terms and conditions of the public housing annual contributions
    contract between the Secretary and any public housing agency, as such
    contract was in effect as of December 31, 2017, unless such changes are
    mutually agreed upon by the Secretary and such agency:  Provided, That
    such agreement by an agency may be indicated only by a written amendment
    to the terms and conditions containing the duly authorized signature of
    its chief executive:  Provided further, <>  That
    the Secretary may not withhold funds to compel such agreement by an
    agency which certifies to its compliance with its contract.

    Sec. 233.  <>  None of the amounts made
    available in this Act may be used to consider Family Self-Sufficiency
    performance measures or performance scores in determining funding awards
    for programs receiving Family Self-Sufficiency program coordinator
    funding provided in this Act.

    Sec. 234.  Any public housing agency designated as a Moving to Work
    agency pursuant to section 239 of division L of Public Law 114-113 (42
    U.S.C. 1437f note; 129 Stat. 2897) may, upon such designation, use funds
    (except for special purpose funding, including special purpose vouchers)
    previously allocated to any such public housing agency under section 8
    or 9 of the United States Housing Act of 1937, including any reserve
    funds held by the public housing agency or funds held by the Department
    of Housing and Urban Development, pursuant to the authority for use of
    section 8 or 9 funding provided under such section and section 204 of
    title II of the Departments of Veterans Affairs and Housing and Urban
    Development and Independent Agencies Appropriations Act, 1996 (Public
    Law 104-134; 110 Stat. 1321-28), notwithstanding the purposes for which
    such funds were appropriated.
    Sec. 235.  None of the amounts made available by this Act may be
    used to prohibit any public housing agency under receivership or the
    direction of a Federal monitor from applying for, receiving, or using
    funds made available under the heading ``Public Housing Fund'' for
    competitive grants to evaluate and reduce lead-based paint hazards in
    this Act or that remain available and not awarded from prior Acts, or be
    used to prohibit a public housing agency from using such funds to carry
    out any required work pursuant to a settlement agreement, consent
    decree, voluntary agreement, or similar document for a violation of the
    Lead Safe Housing or Lead Disclosure Rules.
    Sec. 236.  <>  There are hereby rescinded, from
    funds appropriated under the heading ``Department of Housing and Urban
    Development--Housing Programs--Rental Housing Assistance''--
    (1) all unobligated balances from recaptured amounts
    appropriated prior to fiscal year 2006 from terminated contracts
    under section 236(f)(2) of the National Housing Act (12 U.S.C.
    1715z-1(f)(2)), and any unobligated balances, including
    recaptures and carryover, remaining from funds appropriated
    under such heading after fiscal year 2005; and
    (2) any funds remaining from amounts appropriated under such
    heading in the prior fiscal year.

    [[Page 1902]]

    Sec. 237.  None of the funds made available by this title may be
    used to issue rules or guidance in contravention of section 210 of
    Public Law 115-254 (132 Stat. 3442) or section 312 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155).
    Sec. 238.  <>  No later than September
    30, 2021, the remaining unobligated balances of funds made available for
    the youth homelessness demonstration under the heading ``Department of
    Housing and Urban Development--Community Planning and Development--
    Homeless Assistance Grants'' in the Consolidated Appropriations Act,
    2019 (Public Law 116-6) are hereby permanently rescinded, and an amount
    of additional new budget authority equivalent to the amount rescinded is
    hereby appropriated, to remain available until September 30, 2022, in
    addition to other funds as may be available for such purposes, and shall
    be available, without additional competition, for completing the funding
    of awards made pursuant to the fiscal year 2019 youth homelessness
    demonstration.

    This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2021''.

    TITLE III

    RELATED AGENCIES

    Access Board

    salaries and expenses

    For expenses necessary for the Access Board, as authorized by
    section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792),
    $9,200,000:  Provided, That, notwithstanding any other provision of law,
    there may be credited to this appropriation funds received for
    publications and training expenses.

    Federal Maritime Commission

    salaries and expenses

    For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936 (46 U.S.C.
    307), including services as authorized by section 3109 of title 5,
    United States Code; hire of passenger motor vehicles as authorized by
    section 1343(b) of title 31, United States Code; and uniforms or
    allowances therefore, as authorized by sections 5901 and 5902 of title
    5, United States Code, $30,300,000:  Provided, That not to exceed $3,500
    shall be for official reception and representation expenses.

    National Railroad Passenger Corporation

    Office of Inspector General

    salaries and expenses

    For necessary expenses of the Office of Inspector General for the
    National Railroad Passenger Corporation to carry out the provisions of
    the Inspector General Act of 1978 (5 U.S.C. App. 3),

    [[Page 1903]]

    $25,274,000:  Provided, <>  That the Inspector General
    shall have all necessary authority, in carrying out the duties specified
    in such Act, to investigate allegations of fraud, including false
    statements to the Government under section 1001 of title 18, United
    States Code, by any person or entity that is subject to regulation by
    the National Railroad Passenger Corporation:  Provided
    further, <> That the Inspector General may enter into
    contracts and other arrangements for audits, studies, analyses, and
    other services with public agencies and with private persons, subject to
    the applicable laws and regulations that govern the obtaining of such
    services within the National Railroad Passenger Corporation:  Provided
    further, That the Inspector General may select, appoint, and employ such
    officers and employees as may be necessary for carrying out the
    functions, powers, and duties of the Office of Inspector General,
    subject to the applicable laws and regulations that govern such
    selections, appointments, and employment within the National Railroad
    Passenger Corporation:  Provided further, <>
    That concurrent with the President's budget request for fiscal year
    2022, the Inspector General shall submit to the House and Senate
    Committees on Appropriations a budget request for fiscal year 2022 in
    similar format and substance to budget requests submitted by executive
    agencies of the Federal Government.

    National Transportation Safety Board

    salaries and expenses

    For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
    $118,400,000, of which not to exceed $2,000 may be used for official
    reception and representation expenses:  Provided, That the amounts made
    available to the National Transportation Safety Board in this Act
    include amounts necessary to make lease payments on an obligation
    incurred in fiscal year 2001 for a capital lease.

    Neighborhood Reinvestment Corporation

    payment to the neighborhood reinvestment corporation

    For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $163,000,000, of
    which $5,000,000 shall be for a multi-family rental housing program:
    Provided, That an additional $2,000,000, to remain available until
    September 30, 2024, shall be for the promotion and development of shared
    equity housing models.

    Surface Transportation Board

    salaries and expenses

    For necessary expenses of the Surface Transportation Board,
    including services authorized by section 3109 of title 5, United States
    Code, $37,500,000:  Provided, That, notwithstanding any

    [[Page 1904]]

    other provision of law, not to exceed $1,250,000 from fees established
    by the Surface Transportation Board shall be credited to this
    appropriation as offsetting collections and used for necessary and
    authorized expenses under this heading:  Provided further, That the
    amounts made available under this heading from the general fund shall be
    reduced on a dollar-for-dollar basis as such offsetting collections are
    received during fiscal year 2021, to result in a final appropriation
    from the general fund estimated at not more than $36,250,000.

    United States Interagency Council on Homelessness

    operating expenses

    For necessary expenses, including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code, of the United States Interagency Council
    on Homelessness in carrying out the functions pursuant to title II of
    the McKinney-Vento Homeless Assistance Act, as amended, $3,800,000.

    TITLE IV

    GENERAL PROVISIONS--THIS ACT

    Sec. 401.  None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
    Sec. 402.  None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
    Sec. 403.  <>  The expenditure of any
    appropriation under this Act for any consulting service through a
    procurement contract pursuant to section 3109 of title 5, United States
    Code, shall be limited to those contracts where such expenditures are a
    matter of public record and available for public inspection, except
    where otherwise provided under existing law, or under existing Executive
    order issued pursuant to existing law.

    Sec. 404.  (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
    (1) does not meet identified needs for knowledge, skills,
    and abilities bearing directly upon the performance of official
    duties;
    (2) contains elements likely to induce high levels of
    emotional response or psychological stress in some participants;
    (3) does not require prior employee notification of the
    content and methods to be used in the training and written end
    of course evaluation;
    (4) contains any methods or content associated with
    religious or quasi-religious belief systems or ``new age''
    belief systems as defined in Equal Employment Opportunity
    Commission Notice N-915.022, dated September 2, 1988; or
    (5) is offensive to, or designed to change, participants'
    personal values or lifestyle outside the workplace.

    [[Page 1905]]

    (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
    Sec. 405.  Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2021, or provided from any
    accounts in the Treasury derived by the collection of fees and available
    to the agencies funded by this Act, shall be available for obligation or
    expenditure through a reprogramming of funds that--
    (1) creates a new program;
    (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project,
    or activity for which funds have been denied or restricted by
    the Congress;
    (4) proposes to use funds directed for a specific activity
    by either the House or Senate Committees on Appropriations for a
    different purpose;
    (5) augments existing programs, projects, or activities in
    excess of $5,000,000 or 10 percent, whichever is less;
    (6) reduces existing programs, projects, or activities by
    $5,000,000 or 10 percent, whichever is less; or
    (7) creates, reorganizes, or restructures a branch,
    division, office, bureau, board, commission, agency,
    administration, or department different from the budget
    justifications submitted to the Committees on Appropriations or
    the table accompanying the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act), whichever is more detailed, unless prior
    approval is received from the House and Senate Committees on
    Appropriations:  Provided, <>  That not later
    than 60 days after the date of enactment of this Act, each
    agency funded by this Act shall submit a report to the
    Committees on Appropriations of the Senate and of the House of
    Representatives to establish the baseline for application of
    reprogramming and transfer authorities for the current fiscal
    year:  Provided further, That the report shall include--
    (A) a table for each appropriation with a separate
    column to display the prior year enacted level, the
    President's budget request, adjustments made by
    Congress, adjustments due to enacted rescissions, if
    appropriate, and the fiscal year enacted level;
    (B) <>  a delineation in the
    table for each appropriation and its respective prior
    year enacted level by object class and program, project,
    and activity as detailed in this Act, the table
    accompanying the explanatory statement described in
    section 4 (in the matter preceding division A of this
    consolidated Act), accompanying reports of the House and
    Senate Committee on Appropriations, or in the budget
    appendix for the respective appropriations, whichever is
    more detailed, and shall apply to all items for which a
    dollar amount is specified and to all programs for which
    new budget (obligational) authority is provided, as well
    as to discretionary grants and discretionary grant
    allocations; and
    (C) an identification of items of special
    congressional interest.

    [[Page 1906]]

    Sec. 406.  Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2021 from appropriations made available for salaries and
    expenses for fiscal year 2021 in this Act, shall remain available
    through September 30, 2022, for each such account for the purposes
    authorized:  Provided, <>  That a request shall be submitted to the House and Senate
    Committees on Appropriations for approval prior to the expenditure of
    such funds:  Provided further, That these requests shall be made in
    compliance with reprogramming guidelines under section 405 of this Act.

    Sec. 407.  <>  No funds in this Act may be
    used to support any Federal, State, or local projects that seek to use
    the power of eminent domain, unless eminent domain is employed only for
    a public use:  Provided, That for purposes of this section, public use
    shall not be construed to include economic development that primarily
    benefits private entities:  Provided further, That any use of funds for
    mass transit, railroad, airport, seaport or highway projects, as well as
    utility projects which benefit or serve the general public (including
    energy-related, communication-related, water-related and wastewater-
    related infrastructure), other structures designated for use by the
    general public or which have other common-carrier or public-utility
    functions that serve the general public and are subject to regulation
    and oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownfields as defined
    in the Small Business Liability Relief and Brownfields Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.

    Sec. 408.  None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
    Sec. 409.  <>  No part
    of any appropriation contained in this Act shall be available to pay the
    salary for any person filling a position, other than a temporary
    position, formerly held by an employee who has left to enter the Armed
    Forces of the United States and has satisfactorily completed his or her
    period of active military or naval service, and has within 90 days after
    his or her release from such service or from hospitalization continuing
    after discharge for a period of not more than 1 year, made application
    for restoration to his or her former position and has been certified by
    the Office of Personnel Management as still qualified to perform the
    duties of his or her former position and has not been restored thereto.

    Sec. 410.  <>  No funds appropriated pursuant to
    this Act may be expended by an entity unless the entity agrees that in
    expending the assistance the entity will comply with sections 2 through
    4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as
    the ``Buy American Act'').

    Sec. 411.  No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
    Sec. 412.  None of the funds made available in this Act may be used
    for first-class airline accommodations in contravention of sections 301-
    10.122 and 301-10.123 of title 41, Code of Federal Regulations.

    [[Page 1907]]

    Sec. 413. (a) None of the funds made available by this Act may be
    used to approve a new foreign air carrier permit under sections 41301
    through 41305 of title 49, United States Code, or exemption application
    under section 40109 of that title of an air carrier already holding an
    air operators certificate issued by a country that is party to the U.S.-
    E.U.-Iceland-Norway Air Transport Agreement where such approval would
    contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
    Norway Air Transport Agreement.
    (b) Nothing in this section shall prohibit, restrict or otherwise
    preclude the Secretary of Transportation from granting a foreign air
    carrier permit or an exemption to such an air carrier where such
    authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
    Transport Agreement and United States law.
    Sec. 414. <>  None of the funds made
    available in this Act may be used to send or otherwise pay for the
    attendance of more than 50 employees of a single agency or department of
    the United States Government, who are stationed in the United States, at
    any single international conference unless the relevant Secretary
    reports to the House and Senate Committees on Appropriations at least 5
    days in advance that such attendance is important to the national
    interest:  Provided, <>  That for purposes of this
    section the term ``international conference'' shall mean a conference
    occurring outside of the United States attended by representatives of
    the United States Government and of foreign governments, international
    organizations, or nongovernmental organizations.

    Sec. 415.  None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation Board
    to charge or collect any filing fee for rate or practice complaints
    filed with the Board in an amount in excess of the amount authorized for
    district court civil suit filing fees under section 1914 of title 28,
    United States Code.
    Sec. 416.  <>  (a) None of the funds made
    available in this Act may be used to maintain or establish a computer
    network unless such network blocks the viewing, downloading, and
    exchanging of pornography.

    (b) Nothing in subsection (a) shall limit the use of funds necessary
    for any Federal, State, tribal, or local law enforcement agency or any
    other entity carrying out criminal investigations, prosecution, or
    adjudication activities.
    Sec. 417.  <>  (a) None of the funds made available
    in this Act may be used to deny an Inspector General funded under this
    Act timely access to any records, documents, or other materials
    available to the department or agency over which that Inspector General
    has responsibilities under the Inspector General Act of 1978 (5 U.S.C.
    App.), or to prevent or impede that Inspector General's access to such
    records, documents, or other materials, under any provision of law,
    except a provision of law that expressly refers to the Inspector General
    and expressly limits the Inspector General's right of access.

    (b) A department or agency covered by this section shall provide its
    Inspector General with access to all such records, documents, and other
    materials in a timely manner.
    (c) Each Inspector General shall ensure compliance with statutory
    limitations on disclosure relevant to the information provided by the
    establishment over which that Inspector General has responsibilities
    under the Inspector General Act of 1978 (5 U.S.C. App.).

    [[Page 1908]]

    (d) <>  Each Inspector General covered by this
    section shall report to the Committees on Appropriations of the House of
    Representatives and the Senate within 5 calendar days any failures to
    comply with this requirement.

    Sec. 418.  <>  None of the funds
    appropriated or otherwise made available by this Act may be used to pay
    award or incentive fees for contractors whose performance has been
    judged to be below satisfactory, behind schedule, over budget, or has
    failed to meet the basic requirements of a contract, unless the Agency
    determines that any such deviations are due to unforeseeable events,
    government-driven scope changes, or are not significant within the
    overall scope of the project and/or program unless such awards or
    incentive fees are consistent with 16.401(e)(2) of the Federal
    Acquisition Regulations.

    Sec. 419.  <>  In allocating and
    awarding available amounts provided under the heading ``Homeless
    Assistance Grants'' in the Department of Housing and Urban Development
    Appropriations Act, 2020 (Public Law 116-94), the same heading for
    fiscal year 2019 (Public Law 116-6), and section 231 of Public Law 116-
    94 for the Continuum of Care program, the Secretary of Housing and Urban
    Development shall renew for one 12-month period, without additional
    competition, all projects with existing grants expiring during calendar
    year 2021, including youth homeless demonstration projects and shelter
    plus care projects expiring during calendar year 2021, notwithstanding
    any inconsistent provisions in such Acts or in subtitle C of title IV of
    the McKinney-Vento Homeless Assistance Act, as amended:
    Provided, <>  That Continuum of Care planning and
    Unified Funding Agency awards expiring in calendar year 2021 may also be
    renewed and that the Continuum of Care may designate a new collaborative
    applicant to receive the award in accordance with the existing process
    established by the Secretary:  Provided
    further, <>  That the Secretary shall publish a
    Notice that identifies and lists all projects and awards eligible for
    such noncompetitive renewal, prescribes the format and process by which
    the projects and awards from the list will be renewed, makes adjustments
    to the renewal amount based on changes to the Fair Market Rent, and
    establishes a maximum amount for the renewal of planning and Unified
    Funding Agency awards notwithstanding the requirement that such maximum
    amount be established in a Notice of Funding Availability.

    Sec. 420.  Of the amounts made available by this Act for fiscal year
    2021 under the heading ``Department of Housing and Urban Development--
    Public and Indian Housing--Tenant-Based Rental Assistance'' and
    specified in the first paragraph of such heading, $695,000,000 is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.
    Sec. 421.  In addition to funds provided to the ``Payments to Air
    Carriers'' program in Public Law 116-94, Public Law 116-136, and this
    Act to carry out the essential air service program under section 41731
    through 41742 of title 49, United States Code, $23,332,000 to be derived
    from the Treasury, and to be made available to the Essential Air Service
    and Rural Improvement Fund, to prevent, prepare for, and respond to
    coronavirus, including to offset the loss resulting from the coronavirus
    pandemic of the mandatory overflight fees collected pursuant to section
    45301 of

    [[Page 1909]]

    title 49, United States Code:  Provided, That, notwithstanding section
    41733 of title 49, United States Code, for each of fiscal years 2020 and
    2021, the requirements established under subparagraphs (B) and (C) of
    section 41731(a)(1) of title 49, United States Code, and the subsidy cap
    established by section 332 of the Department of Transportation and
    Related Agencies Appropriations Act, 2000, shall not apply to maintain
    eligibility under section 417831 of title 49, United States Code:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 251(b)(2)(A)(i)
    of the Balanced Budget and Emergency Deficit Control Act of 1985.
    Sec. 422.  Section 47114(c)(1) of title 49, United States Code, is
    amended by adding at the end the following:
    ``(J) <>
    Special rule for fiscal years 2022 and 2023.--
    Notwithstanding subparagraph (A) and the absence of
    scheduled passenger aircraft service at an airport, the
    Secretary shall apportion in fiscal years 2022 and 2023
    to the sponsor of the airport an amount based on the
    number of passenger boardings at the airport during
    whichever of the following years that would result in
    the highest apportioned amount:
    ``(i) Calendar year 2018.
    ``(ii) Calendar year 2019.
    ``(iii) The prior full calendar year prior to
    the current fiscal year.''.

    Sec. 423.  Notwithstanding section 47124(d)(1)(B) of title 49,
    United States Code, the Secretary of Transportation shall not calculate
    a benefit-to-cost ratio with respect to an air traffic control tower
    participating in the Contract Tower Program on the basis of an annual
    aircraft traffic decrease in fiscal years 2020 and 2021.
    This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2021''.

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

    TITLE I

    DEPARTMENT OF COMMERCE

    NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

    fisheries disaster assistance

    For an additional amount for ``Fisheries Disaster Assistance'',
    $300,000,000 to remain available until September 30, 2021, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally, which shall only be for activities authorized under
    section 12005 of the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136):  Provided, That the amount provided under this
    heading in this Act shall only be allocated to States of the United
    States bordering the Atlantic, Pacific, or Arctic Ocean, the Gulf of
    Mexico, or the Great Lakes, as well as Puerto Rico, the United States
    Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands,
    American Samoa, and federally recognized Tribes in any of the Nation's
    coastal States and territories,

    [[Page 1910]]

    and federally recognized Tribes in any of the Nation's Great Lakes
    States with fisheries on the Tribe's reservation or ceded or usual and
    accustomed territory:  Provided further, That each State and territory
    in the preceding proviso, except those States only bordering the Great
    Lakes, shall receive an amount equal to not less than 1 percent of the
    amount provided under this heading in this Act and not greater than,
    from amounts provided under either section 12005 of Public Law 116-136
    or amounts provided under this heading in this Act, that State or
    territory's total annual average revenue from commercial fishing
    operations, aquaculture firms, the seafood supply chain, and charter
    fishing businesses:  Provided further, That of the funds provided under
    this heading in this Act, $30,000,000 shall be for coronavirus related
    fishing impacts for Tribal fishery participants referenced in the first
    proviso:  Provided further, <>  That
    the National Oceanic and Atmospheric Administration, in consultation
    with Tribes referenced in the first proviso, shall develop an
    application and distribution process to disburse funds to all eligible
    impacted Tribes in a manner that takes into account economic,
    subsistence, and ceremonial impacts to Tribes and that ensures timely
    distribution of funds:  Provided further, That of the funds provided
    under this heading in this Act, $15,000,000 shall be for all coronavirus
    related fishing impacts to non-tribal commercial, aquaculture,
    processor, and charter fishery participants in States of the United
    States bordering the Great Lakes:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    TITLE II

    DEPARTMENT OF HOMELAND SECURITY

    PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

    Federal Emergency Management Agency

    disaster relief fund

    For an additional amount for ``Federal Emergency Management Agency--
    Disaster Relief Fund'', $2,000,000,000, to remain available until
    expended, to carry out the purposes of section 201 of this title:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    GENERAL PROVISIONS

    Sec. 201. <>  (a)
    For the emergency declaration issued by the President on March 13, 2020,
    pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5191(b)), and for any subsequent
    major disaster declaration under section 401 of such Act (42 U.S.C.
    5170) that supersedes such emergency declaration, the President shall
    provide financial assistance to an individual or household to meet
    disaster-related funeral expenses under section 408(e)(1) of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

    [[Page 1911]]

    5174(e)(1)), for such expenses incurred through December 31, 2020, for
    which the Federal cost share shall be 100 percent.

    (b) Nothing in this section shall be construed to otherwise limit
    the authorities of the President under the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

    TITLE III

    DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Food and Drug Administration

    salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $55,000,000,
    to remain available until expended, to prevent, prepare for, and respond
    to coronavirus, domestically or internationally, of which $9,000,000
    shall be for the development of necessary medical countermeasures and
    vaccines, $30,500,000 shall be for advanced manufacturing for medical
    products, $1,500,000 shall be for the monitoring of medical product
    supply chains, $7,600,000 shall be for other public health research and
    response investments, $1,400,000 shall be for data management operation
    tools, and $5,000,000 shall be for after action review activities:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    Centers for Disease Control and Prevention

    cdc-wide activities and program support

    (including transfer of funds)

    For an additional amount for ``CDC-Wide Activities and Program
    Support'', $8,750,000,000, to remain available until September 30, 2024,
    to prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, <>  That amounts
    appropriated under this heading in this Act shall be for activities to
    plan, prepare for, promote, distribute, administer, monitor, and track
    coronavirus vaccines to ensure broad-based distribution, access, and
    vaccine coverage:  Provided further, That of the amount appropriated
    under this heading in this Act, not less than $4,500,000,000 shall be
    for States, localities, territories, tribes, tribal organizations, urban
    Indian health organizations, or health service providers to tribes:
    Provided further, That of the amount in the preceding proviso,
    $210,000,000, shall be transferred to the ``Department of Health and
    Human Services--Indian Health Service--Indian Health Services'' to be
    allocated at the discretion of the Director of the Indian Health Service
    and distributed through Indian Health Service directly operated programs
    and to tribes and tribal organizations under the Indian Self-
    Determination and Education Assistance Act and through contracts or
    grants with urban Indian organizations under title V of the Indian
    Health Care Improvement Act:  Provided further, That the amount
    transferred to tribes and tribal organizations under the Indian Self-
    Determination and Education Assistance Act in the preceding proviso
    shall be transferred on a one-

    [[Page 1912]]

    time, non-recurring basis, is not part of the amount required by 25
    U.S.C. 5325, and may only be used for the purposes identified under this
    heading in this Act, notwithstanding any other provision of law:
    Provided further, <>  That the amounts identified in
    the second proviso under this heading in this Act, except for the
    amounts transferred pursuant to the third proviso under this heading in
    this Act, shall be allocated to States, localities, and territories
    according to the formula that applied to the Public Health Emergency
    Preparedness cooperative agreement in fiscal year 2020:  Provided
    further, <>  That of the amounts identified in the
    second proviso under this heading in this Act, except for the amounts
    transferred pursuant to the third proviso under this heading in this
    Act, not less than $1,000,000,000 shall be made available within 21 days
    of the date of enactment of this Act:  Provided further, That of the
    amounts identified in the second proviso under this heading in this Act,
    except for the amounts transferred pursuant to the third proviso under
    this heading in this Act, not less than $300,000,000 shall be for high-
    risk and underserved populations, including racial and ethnic minority
    populations and rural communities:  Provided further, <>  That the Director of the Centers for
    Disease Control and Prevention (``CDC'') may satisfy the funding
    thresholds outlined in the second, fifth, sixth, and seventh provisos by
    making awards through other grant or cooperative agreement mechanisms:
    Provided further, That amounts appropriated under this heading in this
    Act may be used to restore, either directly or through reimbursement,
    obligations incurred for coronavirus vaccine promotion, preparedness,
    tracking, and distribution prior to the enactment of this Act:  Provided
    further, That the Director of the CDC shall provide an updated and
    comprehensive coronavirus vaccine distribution strategy and a spend
    plan, to include funds already allocated for distribution, to the
    Committees on Appropriations of the House of Representatives and the
    Senate and the Committee on Energy and Commerce of the House of
    Representatives and Committee on Health, Education, Labor, and Pensions
    of the Senate within 30 days of enactment of this Act:  Provided
    further, That such strategy and plan shall include how existing
    infrastructure will be leveraged, enhancements or new infrastructure
    that may be built, considerations for moving and storing vaccines,
    guidance for how States, localities, territories, tribes, tribal
    organizations, urban Indian health organizations, or health service
    providers to tribes, and health care providers should prepare for,
    store, and administer vaccines, nationwide vaccination targets, funding
    that will be distributed to States, localities, and territories, how an
    informational campaign to inform both the public and health care
    providers will be executed, and how the strategy and plan will focus
    efforts on high-risk and underserved populations, including racial and
    ethnic minority populations:  Provided
    further, <>  That such strategy
    and plan shall be updated and provided to the Committees on
    Appropriations of the House of Representatives and the Senate and the
    Committee on Energy and Commerce of the House of Representatives and
    Committee on Health, Education, Labor, and Pensions of the Senate every
    90 days through the end of the fiscal year:  Provided
    further, <>  That amounts appropriated under this heading
    in this Act may be used for grants for the construction, alteration, or
    renovation of non-Federally owned facilities to improve preparedness and
    response capability at the State and local level:  Provided further,
    That such amount is designated by the Congress

    [[Page 1913]]

    as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    National Institutes of Health

    Office of the Director

    (including transfer of funds)

    For an additional amount for ``Office of the Director'',
    $1,250,000,000, to remain available until September 30, 2024, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That of the amount appropriated under this
    heading in this Act, $1,150,000,000 shall be provided for research and
    clinical trials related to long-term studies of COVID-19:  Provided
    further, That of the amount appropriated under this heading in this Act,
    no less than $100,000,000 shall be for the Rapid Acceleration of
    Diagnostics:  Provided further, That funds appropriated under this
    heading in this Act may be transferred to the accounts of Institutes and
    Centers of the National Institutes of Health (NIH):  Provided further,
    That this transfer authority is in addition to any other transfer
    authority available to the NIH:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    Substance Abuse and Mental Health Services Administration

    Health Surveillance and Program Support

    For an additional amount for ``Heath Surveillance and Program
    Support'', $4,250,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally:  Provided, That of the
    amount appropriated under this heading in this Act, $1,650,000,000 shall
    be for grants for the substance abuse prevention and treatment block
    grant program under subpart II of part B of title XIX of the Public
    Health Service Act (``PHS Act''):  Provided further, That of the amount
    appropriated under this heading in this Act, $1,650,000,000 shall be for
    grants for the community mental health services block grant program
    under subpart I of part B of title XIX of the PHS Act:  Provided
    further, That of the amount appropriated in the preceding proviso, the
    Assistant Secretary is directed to provide no less than 50 percent of
    funds directly to facilities defined in section 1913(c) of the PHS Act:
    Provided further, That of the amount appropriated under this heading in
    this Act, not less than $600,000,000 is available for the Certified
    Community Behavioral Health Clinic Expansion Grant program:  Provided
    further, That of the amount appropriated under this heading in this Act,
    not less than $50,000,000 shall be available for suicide prevention
    programs:  Provided further, That of the amount appropriated under this
    heading in this Act, $50,000,000 shall be for activities and services
    under Project AWARE:  Provided further, That of the amount appropriated
    under this heading in this Act, not less than $240,000,000 is available
    for activities authorized under section 501(o) of the PHS Act:  Provided
    further, <>  That the Assistant Secretary may
    prioritize amounts appropriated in the preceding proviso

    [[Page 1914]]

    to eligible states that did not receive amounts made available for such
    purpose under the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136): Provided further, That of the amount appropriated
    under this heading in this Act, $10,000,000 shall be for the National
    Child Traumatic Stress Network:  Provided further, That from within the
    amount appropriated under this heading in this Act in the previous
    provisos, a total of not less than $125,000,000 shall be allocated to
    tribes, tribal organizations, urban Indian health organizations, or
    health or behavioral health service providers to tribes:  Provided
    further, <>  That with respect to the amount
    appropriated under this heading in this Act the Substance Abuse and
    Mental Health Services Administration shall maintain the 20 percent set-
    aside for prevention, but may waive requirements with respect to
    allowable activities, timelines, or reporting requirements for the
    Substance Abuse Prevention and Treatment Block Grant and the Community
    Mental Health Services Block Grant as deemed necessary to facilitate a
    grantee's response to coronavirus:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    Administration for Children and Families

    payments to states for the child care and development block grant

    For an additional amount for ``Payments to States for the Child Care
    and Development Block Grant'', $10,000,000,000 to prevent, prepare for,
    and respond to coronavirus, domestically or internationally which shall
    be used to supplement, not supplant State, Territory, and Tribal general
    revenue funds for child care assistance for low-income families within
    the United States (including territories) without regard to requirements
    in sections 658E(c)(3)(D)-(E), or 658G of the Child Care and Development
    Block Grant Act (``CCDBG Act''):  Provided, That funds appropriated
    under this heading in this Act may be used for costs of providing relief
    from copayments and tuition payments for families and for paying that
    portion of the child care provider's cost ordinarily paid through family
    copayments to provide continued payments and assistance to child care
    providers in the case of decreased enrollment or closures related to
    coronavirus, and to assure they are able to remain open or reopen as
    appropriate and applicable, including for fixed costs and increased
    operating expenses:  Provided further, That States, Territories, and
    Tribes are encouraged to place conditions on payments to child care
    providers that ensure that child care providers use a portion of funds
    received to continue to pay the salaries and wages of staff:  Provided
    further, That lead agencies may use funds provided under this heading in
    this Act to support the stability of the child care sector to help
    providers afford increased operating expenses during the COVID-19 public
    health emergency, and shall publicize widely the availability of, and
    provide technical assistance to help providers apply for, funding
    available for such purposes, including among center-based child care
    providers, family child care providers, and group home child care
    providers:  Provided further, That lead agencies are encouraged to
    implement enrollment and eligibility policies that support the fixed

    [[Page 1915]]

    costs of providing child care services by delinking provider
    reimbursement rates from an eligible child's absence and a provider's
    closure due to the COVID-19 public health emergency:  Provided further,
    That the Secretary shall remind States that Child Care and Development
    Block Grant (``CCDBG'') State plans do not need to be amended prior to
    utilizing existing authorities in the CCDBG Act for the purposes
    provided herein:  Provided further, That States, Territories, and Tribes
    are authorized to use funds appropriated under this heading in this Act
    to provide child care assistance to health care sector employees,
    emergency responders, sanitation workers, farmworkers, and other workers
    deemed essential during the response to coronavirus by public officials,
    without regard to the income eligibility requirements of section 658P(4)
    of such Act:  Provided further, That States, Territories, and Tribes
    shall use a portion of funds appropriated under this heading in this Act
    to provide assistance to eligible child care providers under section
    658P(6) of the CCDBG Act that were not receiving CCDBG assistance prior
    to the public health emergency as a result of the coronavirus and any
    renewal of such declaration pursuant to such section 319, for the
    purposes of cleaning and sanitation, and other activities necessary to
    maintain or resume the operation of programs, including for fixed costs
    and increased operating expenses:  Provided further, That funds provided
    under this heading in this Act may be used to provide technical
    assistance to child care providers to help providers implement practices
    and policies in line with guidance from State and local health
    departments and the Centers for Disease Control and Prevention regarding
    the safe provision of child care services while there is community
    transmission of COVID-19:  Provided further, <>
    That funds appropriated under this heading in this Act may be made
    available to restore amounts, either directly or through reimbursement,
    for obligations incurred to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, prior to the date of
    enactment of this Act:  Provided further, That the Secretary may reserve
    not more than $15,000,000 for Federal administrative expenses, which
    shall remain available through September 30, 2024:  Provided
    further, <>  That no later than 60 days after the date
    of enactment of this Act, each State, Territory, and Tribe that receives
    funding under this heading in this Act shall submit to the Secretary a
    report, in such manner as the Secretary may require, describing how the
    funds appropriated under this heading in this Act will be spent and that
    no later than 90 days after the date of enactment of this Act, the
    Secretary shall submit to the Committees on Appropriations of the House
    of Representatives and the Senate, the Committee on Education and Labor
    of the House of Representatives, and the Committee on Health, Education,
    Labor, and Pensions of the Senate a report summarizing such reports from
    the States, Territories, and Tribes:  Provided
    further, <>  That, no later than October 31, 2022, each
    State, Territory, and Tribe that receives funding under this heading in
    this Act shall submit to the Secretary a report, in such manner as the
    Secretary may require, describing how the funds appropriated under this
    heading in this Act were spent and that no later than 60 days after
    receiving such reports from the States, Territories, and Tribes, the
    Secretary shall submit to the Committees on Appropriations of the House
    of Representatives and the Senate, the Committee on Education and Labor
    of

    [[Page 1916]]

    the House of Representatives, and the Committee on Health, Education,
    Labor, and Pensions of the Senate a report summarizing such reports from
    the States, Territories, and Tribes:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    children and families services program

    For an additional amount for ``Children and Families Services
    Programs'', $250,000,000, to prevent, prepare for, and respond to
    coronavirus, for making payments under the Head Start Act, including for
    Federal administrative expenses, and allocated in an amount that bears
    the same ratio to such portion as the number of enrolled children served
    by the agency involved bears to the number of enrolled children by all
    Head Start agencies:  Provided, That none of the funds made available
    under this heading in the Act shall be included in the calculation of
    the ``base grant'' in subsequent fiscal years, as such term is defined
    in sections 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start
    Act:  Provided further, That funds made available under this heading in
    this Act are not subject to the allocation requirements of section
    640(a) of the Head Start Act:  Provided further, That such funds may be
    available to restore amounts, either directly or through reimbursement,
    for obligations incurred to prevent, prepare for, and respond to
    coronavirus, prior to the date of enactment of this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    Administration for Community Living

    aging and disability services programs

    For an additional amount for ``Aging and Disability Services
    Programs'', $100,000,000, to prevent, prepare for, and respond to
    coronavirus, domestically or internationally, which shall be for
    activities authorized under Subtitle B of Title XX of the Social
    Security Act, of which not less than $50,000,000 shall be for
    implementation of Section 2042(b) of the Social Security Act:  Provided,
    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    Office of the Secretary

    Public Health and Social Services Emergency Fund

    (including transfer of funds)

    For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $22,945,000,000, to remain available until September
    30, 2024, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, including the development of necessary
    countermeasures and vaccines, prioritizing platform-based

    [[Page 1917]]

    technologies with U.S.-based manufacturing capabilities, the purchase of
    vaccines, therapeutics, diagnostics, necessary medical supplies, as well
    as medical surge capacity, and other preparedness and response
    activities:  Provided, That funds appropriated under this paragraph in
    this Act may be used to develop and demonstrate innovations and
    enhancements to manufacturing platforms to support such capabilities:
    Provided further, <>  That the Secretary
    of Health and Human Services (referred to under this heading as
    ``Secretary'') shall purchase vaccines developed using funds made
    available under this paragraph in this Act to respond to an outbreak or
    pandemic related to coronavirus in quantities determined by the
    Secretary to be adequate to address the public health need:  Provided
    further, That the Secretary may take into account geographical areas
    with a high percentage of cross-jurisdictional workers when determining
    allocations of vaccine doses:  Provided further, That products purchased
    by the Federal government with funds made available under this paragraph
    in this Act, including vaccines, therapeutics, and diagnostics, shall be
    purchased in accordance with Federal Acquisition Regulation guidance on
    fair and reasonable pricing:  Provided further, That the Secretary may
    take such measures authorized under current law to ensure that vaccines,
    therapeutics, and diagnostics developed from funds provided in this Act
    will be affordable in the commercial market:  Provided further, That in
    carrying out the preceding proviso, the Secretary shall not take actions
    that delay the development of such products:  Provided further, That
    products purchased with funds appropriated under this paragraph in this
    Act may, at the discretion of the Secretary of Health and Human
    Services, be deposited in the Strategic National Stockpile under section
    319F-2 of the Public Health Service Act:  Provided further, That of the
    amount appropriated under this paragraph in this Act, not more than
    $3,250,000,000 shall be for the Strategic National Stockpile under
    section 319F-2(a) of such Act:  Provided further, That funds
    appropriated under this paragraph in this Act may be transferred to, and
    merged with, the fund authorized by section 319F-4, the Covered
    Countermeasure Process Fund, of the Public Health Service Act:  Provided
    further, That of the amount appropriated under this paragraph in this
    Act, $19,695,000,000 shall be available to the Biomedical Advanced
    Research and Development Authority for necessary expenses of
    manufacturing, production, and purchase, at the discretion of the
    Secretary, of vaccines, therapeutics, and ancillary supplies necessary
    for the administration of such vaccines and therapeutics:  Provided
    further, That funds in the preceding proviso may be used for the
    construction or renovation of U.S.-based next generation manufacturing
    facilities, other than facilities owned by the United States Government:
    Provided further, <>  That the Secretary
    shall notify the Committees on Appropriations of the House of
    Representatives and the Senate 2 days in advance of any obligation in
    excess of $50,000,000, including but not limited to contracts and
    interagency agreements, from funds provided in this paragraph in this
    Act:  Provided further, <>  That amounts
    appropriated under this paragraph in this Act may be used to restore,
    either directly or through reimbursement, obligations incurred for
    coronavirus vaccines and therapeutics planning, development,
    preparation, and purchase prior to the enactment of this Act:  Provided
    further, <>  That funds appropriated under this
    paragraph in this Act may be used for the construction, alteration, or
    renovation

    [[Page 1918]]

    of non-federally owned facilities for the production of vaccines,
    therapeutics, diagnostics, and ancillary medical supplies where the
    Secretary determines that such a contract is necessary to secure
    sufficient amounts of such supplies:  Provided
    further, <> That not later than 30 days after enactment
    of this Act, and every 30 days thereafter until funds are expended, the
    Secretary shall report to the Committees on Appropriations of the House
    of Representatives and the Senate on uses of funding for Operation Warp
    Speed, detailing current obligations by Department or Agency, or
    component thereof broken out by the coronavirus supplemental
    appropriations Act that provided the source of funds:  Provided further,
    That the plan outlined in the preceding proviso shall include funding by
    contract, grant, or other transaction in excess of $20,000,000 with a
    notation of which Department or Agency, and component thereof is
    managing the contract:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $22,400,000,000, to remain available until September
    30, 2022, to prevent, prepare for, and respond to coronavirus,
    domestically or internationally, which shall be for necessary expenses
    for testing, contact tracing, surveillance, containment, and mitigation
    to monitor and suppress COVID-19, including tests for both active
    infection and prior exposure, including molecular, antigen, and
    serological tests, the manufacturing, procurement and distribution of
    tests, testing equipment and testing supplies, including personal
    protective equipment needed for administering tests, the development and
    validation of rapid, molecular point-of-care tests, and other tests,
    support for workforce, epidemiology, to scale up academic, commercial,
    public health, and hospital laboratories, to conduct surveillance and
    contact tracing, support development of COVID-19 testing plans, and
    other related activities related to COVID-19 testing and mitigation:
    Provided, That amounts appropriated under this paragraph in this Act
    shall be for States, localities, territories, tribes, tribal
    organizations, urban Indian health organizations, or health service
    providers to tribes for necessary expenses for testing, contact tracing,
    surveillance, containment, and mitigation, including support for
    workforce, epidemiology, use by employers, elementary and secondary
    schools, child care facilities, institutions of higher education, long-
    term care facilities, or in other settings, scale up of testing by
    public health, academic, commercial, and hospital laboratories, and
    community-based testing sites, mobile testing units, health care
    facilities, and other entities engaged in COVID-19 testing, and other
    related activities related to COVID-19 testing, contact tracing,
    surveillance, containment, and mitigation which may include interstate
    compacts or other mutual aid agreements for such purposes:  Provided
    further, <>  That amounts appropriated under this
    paragraph in this Act shall be made available within 21 days of the date
    of enactment of this Act:  Provided further, That of the amount
    appropriated under this paragraph in this Act, $790,000,000, shall be
    transferred to the ``Department of Health and Human Services--Indian
    Health Service--Indian Health Services'' to be allocated at the
    discretion of the Director of the Indian Health Service and distributed
    through Indian Health Service directly operated programs and to tribes
    and tribal organizations under the Indian Self-Determination and

    [[Page 1919]]

    Education Assistance Act and through contracts or grants with urban
    Indian organizations under title V of the Indian Health Care Improvement
    Act:  Provided further, That the amount transferred to tribes and tribal
    organizations under the Indian Self-Determination and Education
    Assistance Act in the preceding proviso shall be transferred on a one-
    time, non-recurring basis, is not part of the amount required by 25
    U.S.C. 5325, and may only be used for the purposes identified under this
    paragraph in this Act, notwithstanding any other provision of law:
    Provided further, <>  That amounts appropriated under
    this paragraph in this Act, except for the amounts transferred pursuant
    to the third proviso under this paragraph in this Act, shall be
    allocated to States, localities, and territories according to the
    formula that applied to the Public Health Emergency Preparedness
    cooperative agreement in fiscal year 2020:  Provided further, That of
    the amount appropriated under this paragraph in this Act, except for the
    amounts transferred pursuant to the third proviso under this paragraph
    in this Act, not less than $2,500,000,000, shall be for strategies for
    improving testing capabilities and other purposes described in this
    paragraph in high-risk and underserved populations, including racial and
    ethnic minority populations and rural communities, as well as developing
    or identifying best practices for States and public health officials to
    use for contact tracing in high-risk and underserved populations,
    including racial and ethnic minority populations and rural communities
    and shall not be allocated pursuant to the formula in the preceding
    proviso:  Provided further, That the second proviso under this paragraph
    in this Act, shall not apply to amounts in the preceding proviso:
    Provided further, That the Secretary of Health and Human Services
    (referred to in this paragraph as the ``Secretary'') may satisfy the
    funding thresholds outlined under this paragraph in this Act for funding
    other than amounts transferred pursuant to the third proviso under this
    paragraph in this Act by making awards through other grant or
    cooperative agreement mechanisms:  Provided
    further, <>  That the
    Governor or designee of each State, locality, territory, tribe, or
    tribal organization receiving funds pursuant to this paragraph in this
    Act shall update their plans, as applicable, for COVID-19 testing and
    contact tracing submitted to the Secretary pursuant to the Paycheck
    Protection Program and Health Care Enhancement Act (Public Law 116-139)
    and submit such updates to the Secretary not later than 60 days after
    funds appropriated in this paragraph in this Act have been awarded to
    such recipient:  Provided further, <>  That
    not later than 60 days after enactment of this Act, and every quarter
    thereafter until funds are expended, the Governor or designee of each
    State, locality, territory, tribe, or tribal organization receiving
    funds shall report to the Secretary on uses of funding, detailing
    current commitments and obligations broken out by the coronavirus
    supplemental appropriations Act that provided the source of funds:
    Provided further, <>  That not later than 15
    days after receipt of such reports, the Secretary shall summarize and
    report to the Committees on Appropriations of the House of
    Representatives and the Senate and the Committee on Energy and Commerce
    of the House of Representatives and the Committee on Health, Education,
    Labor, and Pensions of the Senate on States' commitments and obligations
    of funding:  Provided further, <>  That the
    Secretary shall make publicly available the plans submitted by the
    Governor or designee of each State, locality, territory, tribe, or
    tribal organization and the report

    [[Page 1920]]

    on use of funds provided under this paragraph:  Provided further, That
    funds an entity receives from amounts described in the first proviso in
    this paragraph may also be used for the rent, lease, purchase,
    acquisition, construction, alteration, renovation, or equipping of non-
    federally owned facilities to improve coronavirus preparedness and
    response capability at the State and local level:  Provided
    further, <>  That the Secretary shall
    provide a report to the Committees on Appropriations of the House of
    Representatives and the Senate on obligation of funds to eligible
    entities pursuant to the sixth proviso, summarized by State, not later
    than 30 days after the date of enactment of this Act, and every 60 days
    thereafter until funds are expired:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    For an additional amount for ``Public Health and Social Services
    Emergency Fund'', $3,000,000,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, which shall be for necessary expenses to reimburse,
    through grants or other mechanisms, eligible health care providers for
    health care related expenses or lost revenues that are attributable to
    coronavirus:  Provided, That these funds may not be used to reimburse
    expenses or losses that have been reimbursed from other sources or that
    other sources are obligated to reimburse:  Provided
    further, <>  That recipients of
    payments under this paragraph shall submit reports and maintain
    documentation as the Secretary determines are needed to ensure
    compliance with conditions that are imposed by this paragraph for such
    payments, and such reports and documentation shall be in such form, with
    such content, and in such time as the Secretary may prescribe for such
    purpose:  Provided further, <>  That ``eligible
    health care providers'' means public entities, Medicare or Medicaid
    enrolled suppliers and providers, and such for-profit entities and not-
    for-profit entities not otherwise described in this proviso as the
    Secretary may specify, within the United States (including territories),
    that provide diagnoses, testing, or care for individuals with possible
    or actual cases of COVID-19:  Provided
    further, <>  That the Secretary shall, on a
    rolling basis, review applications and make payments under this
    paragraph in this Act:  Provided further, That funds appropriated under
    this paragraph in this Act shall be available for building or
    construction of temporary structures, leasing of properties, medical
    supplies and equipment including personal protective equipment and
    testing supplies, increased workforce and trainings, emergency operation
    centers, retrofitting facilities, and surge capacity:  Provided
    further, <>  That, in this paragraph,
    the term ``payment'' means a pre-payment, prospective payment, or
    retrospective payment, as determined appropriate by the Secretary:
    Provided further, That payments under this paragraph shall be made in
    consideration of the most efficient payment systems practicable to
    provide emergency payment:  Provided further, <>  That
    to be eligible for a payment under this paragraph in this Act, an
    eligible health care provider shall submit to the Secretary an
    application that includes a statement justifying the need of the
    provider for the payment and the eligible health care provider shall
    have a valid tax identification number:  Provided
    further, <>  That for any reimbursement by the
    Secretary from the Provider Relief Fund to an eligible health care
    provider that is a subsidiary of a parent organization,

    [[Page 1921]]

    the parent organization may, allocate (through transfers or otherwise)
    all or any portion of such reimbursement among the subsidiary eligible
    health care providers of the parent organization, including
    reimbursements referred to by the Secretary as ``Targeted Distribution''
    payments, among subsidiary eligible health care providers of the parent
    organization except that responsibility for reporting the reallocated
    reimbursement shall remain with the original recipient of such
    reimbursement:  Provided further, <>  That, for
    any reimbursement from the Provider Relief Fund to an eligible health
    care provider for health care related expenses or lost revenues that are
    attributable to coronavirus (including reimbursements made before the
    date of the enactment of this Act), such provider may calculate such
    lost revenues using the Frequently Asked Questions guidance released by
    the Department of Health and Human Services in June 2020, including the
    difference between such provider's budgeted and actual revenue budget if
    such budget had been established and approved prior to March 27, 2020:
    Provided further, <>  That of the amount made
    available in the third paragraph under this heading in Public Law 116-
    136, not less than 85 percent of (i) the unobligated balances available
    as of the date of enactment of this Act, and (ii) any funds recovered
    from health care providers after the date of enactment of this Act,
    shall be for any successor to the Phase 3 General Distribution
    allocation to make payments to eligible health care providers based on
    applications that consider financial losses and changes in operating
    expenses occurring in the third or fourth quarter of calendar year 2020,
    or the first quarter of calendar year 2021, that are attributable to
    coronavirus:  Provided further, <>  That, not
    later than 3 years after final payments are made under this paragraph,
    the Office of Inspector General of the Department of Health and Human
    Services shall transmit a final report on audit findings with respect to
    this program to the Committees on Appropriations of the House of
    Representatives and the Senate:  Provided further, That nothing in this
    section limits the authority of the Inspector General or the Comptroller
    General to conduct audits of interim payments at an earlier date:
    Provided further, <>  That not later than 60 days after
    the date of enactment of this Act, the Secretary of Health and Human
    Services shall provide a report to the Committees on Appropriations of
    the House of Representatives and the Senate on obligation of funds,
    including obligations to such eligible health care providers, summarized
    by State of the payment receipt:  Provided
    further, <>  That such reports shall be
    updated and submitted to such Committees every 60 days until funds are
    expended:  Provided further, That the amounts repurposed in this
    paragraph that were previously designated by the Congress as an
    emergency requirement pursuant to the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 1922]]

    GENERAL PROVISIONS--DEPARTMENT OF HEALTH AND HUMAN SERVICES

    Sec. 301.  Funds appropriated by this title may be used by the
    Secretary of the Department of Health and Human Services to appoint,
    without regard to the provisions of sections 3309 through 3319 of title
    5 of the United States Code, candidates needed for positions to perform
    critical work relating to coronavirus for which--
    (1) public notice has been given; and
    (2) the Secretary of Health and Human Services has
    determined that such a public health threat exists.

    Sec. 302.  <> Funds appropriated by this title may
    be used to enter into contracts with individuals for the provision of
    personal services (as described in section 104 of part 37 of title 48,
    Code of Federal Regulations (48 CFR 37.104)) to support the prevention
    of, preparation for, or response to coronavirus, domestically and
    internationally, subject to prior notification to the Committees on
    Appropriations of the House of Representatives and the Senate:
    Provided, That such individuals may not be deemed employees of the
    United States for the purpose of any law administered by the Office of
    Personnel Management:  Provided <>  further,
    That the authority made available pursuant to this section shall expire
    on September 30, 2024.

    Sec. <>  303.
    (a) If services performed by an employee during 2020 and 2021 are
    determined by the head of the agency to be primarily related to
    preparation, prevention, or response to coronavirus, any premium pay for
    such services shall be disregarded in calculating the aggregate of such
    employee's basic pay and premium pay for purposes of a limitation under
    section 5547(a) of title 5, United States Code, or under any other
    provision of law, whether such employees pay is paid on a biweekly or
    calendar year basis.

    (b) Any overtime pay for such services shall be disregarded in
    calculating any annual limit on the amount of overtime pay payable in a
    calendar or fiscal year.
    (c) With regard to such services, any pay that is disregarded under
    either subsection (a) or (b) shall be disregarded in calculating such
    employee's aggregate pay for purposes of the limitation in section 5307
    of such title 5.
    (d)(1) <>  Pay that is disregarded under
    subsection (a) or (b) shall not cause the aggregate of the employee's
    basic pay and premium pay for the applicable calendar year to exceed the
    rate of basic pay payable for a position at level II of the Executive
    Schedule under section 5313 of title 5, United States Code, as in effect
    at the end of such calendar year.
    (2) <>  For purposes of applying this
    subsection to an employee who would otherwise be subject to the
    premium pay limits established under section 5547 of title 5,
    United States Code, ``premium pay'' means the premium pay paid
    under the provisions of law cited in section 5547(a).
    (3) <>  For purposes of applying this
    subsection to an employee under a premium pay limit established
    under an authority other than section 5547 of title 5, United
    States Code, the agency responsible for administering such limit
    shall determine what payments are considered premium pay.

    (e) <>  This section shall take effect as if
    enacted on February 2, 2020.

    [[Page 1923]]

    (f) If application of this section results in the payment of
    additional premium pay to a covered employee of a type that is normally
    creditable as basic pay for retirement or any other purpose, that
    additional pay shall not--
    (1) be considered to be basic pay of the covered employee
    for any purpose; or
    (2) be used in computing a lump-sum payment to the covered
    employee for accumulated and accrued annual leave under section
    5551 or section 5552 of title 5, United States Code.

    Sec. 304. <> Funds
    appropriated by this title to the heading ``Department of Health and
    Human Services'' except for the amounts specified in the second and
    third paragraphs under the heading ``Public Health and Social Services
    Emergency Fund'', may be transferred to, and merged with, other
    appropriation accounts under the headings ``Centers for Disease Control
    and Prevention'', ``National Institutes of Health'', ``Substance Abuse
    and Mental Health Services'', ``Administration for Children and
    Families'', and ``Public Health and Social Services Emergency Fund'', to
    prevent, prepare for, and respond to coronavirus following consultation
    with the Office of Management and Budget:  Provided
    further, <> That the Committees on
    Appropriations of the House of Representatives and the Senate shall be
    notified 10 days in advance of any such transfer:  Provided
    further, <> That, upon a determination that all or
    part of the funds transferred from an appropriation by this title are
    not necessary, such amounts may be transferred back to that
    appropriation:  Provided further, That none of the funds made available
    by this title may be transferred pursuant to the authority in section
    205 of division A of Public Law 116-94 or section 241(a) of the PHS Act.

    Sec. 305. <> Of the funds appropriated by
    this title under the heading ``Public Health and Social Services
    Emergency Fund'', up to $2,000,000 shall be transferred to the ``Office
    of the Secretary, Office of Inspector General'', and shall remain
    available until expended, for oversight of activities supported with
    funds appropriated to the Department of Health and Human Services to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, <>  That the Inspector
    General of the Department of Health and Human Services shall consult
    with the Committees on Appropriations of the House of Representatives
    and the Senate prior to obligating such funds:  Provided further, That
    the transfer authority provided by this section is in addition to any
    other transfer authority provided by law.

    Sec. 306.  Section 675b(b)(3) of the Community Services Block Grant
    Act (42 U.S.C. 9906(b)(3)) shall not apply with respect to funds
    appropriated by the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136) to carry out the Community Services Block Grant Act
    (42 U.S.C. 9901 et seq.):  Provided, That the amounts repurposed in this
    section that were previously designated by the Congress as an emergency
    requirement pursuant to the Balanced Budget and Emergency Deficit
    Control Act of 1985 are designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.
    Sec. 307.  Penalties and administrative requirements under title
    XXVI of the Public Health Service Act may be waived by the Secretary of
    Health and Human Services for funds awarded

    [[Page 1924]]

    under such title of such Act from amounts provided for fiscal year 2020
    and fiscal year 2021 under the heading ``Department of Health and Human
    Services--Health Resources and Services Administration'', including
    amounts made available under such heading by transfer:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    DEPARTMENT OF EDUCATION

    education stabilization fund

    For an additional amount for ``Education Stabilization Fund'',
    $81,880,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    GENERAL PROVISIONS--DEPARTMENT OF EDUCATION

    education stabilization fund

    Sec. 311. <>  (a)
    Allocations.--From the amount made available under this heading in this
    Act to carry out the Education Stabilization Fund, the Secretary shall
    first allocate--
    (1) one-half of 1 percent to the outlying areas for
    supplemental awards to be allocated not more than 30 calendar
    days from the date of enactment of this Act on the basis of the
    terms and conditions for funding provided under section
    18001(a)(1) of the Coronavirus Aid, Relief, and Economic
    Security (CARES) Act (Public Law 116-136); and
    (2) one-half of 1 percent for a supplemental award to be
    allocated to the Secretary of Interior not more than 30 calendar
    days from enactment of this Act for programs operated or funded
    by the Bureau of Indian Education (BIE) under the terms and
    conditions established for funding provided under section
    18001(a)(2) of the CARES Act (Public Law 116-136), for BIE-
    operated and funded elementary and secondary schools and Tribal
    Colleges and Universities, except that funding shall be
    allocated as follows:
    (A) 60 percent for Bureau-funded schools, as defined
    in 25 U.S.C. 2021, provided that such schools may not be
    required to submit a spending plan before receipt of
    funding.
    (B) 40 percent for Tribal Colleges and Universities,
    which shall be distributed according to the formula in
    section 316(d)(3) of the Higher Education Act of 1965
    (``HEA'').

    (b) Reservations.--After carrying out subsection (a), the Secretary
    shall reserve the remaining funds made available as follows:
    (1) 5 percent to carry out section 312 of this title.
    (2) 67 percent to carry out section 313 of this title.
    (3) 28 percent to carry out section 314 of this title.

    [[Page 1925]]

    governor's emergency education relief fund

    Sec. 312. <> (a) Program Authorized.--(1) From funds
    reserved under section 311(b)(1) of this title and not reserved under
    paragraph (2), the Secretary shall make supplemental Emergency Education
    Relief grants to the Governor of each State with an approved application
    under section 18002 of division B of the CARES Act (Public Law 116-136).
    The <>  Secretary shall award funds under this section
    to the Governor of each State with an approved application within 30
    calendar days of the date of enactment of this Act.
    (2) Reservation.--From funds made available under section
    311(b)(1) of this title, the Secretary shall reserve
    $2,750,000,000 of such funds to provide Emergency Assistance to
    Non-Public Schools grants, in accordance with subsection (d), to
    the Governor of each State with an approved application under
    subsection (d)(2).

    (b) Allocations.--The amount of each grant under subsection (a)(1)
    shall be allocated by the Secretary to each State as follows:
    (1) 60 percent on the basis of their relative population of
    individuals aged 5 through 24.
    (2) 40 percent on the basis of their relative number of
    children counted under section 1124(c) of the Elementary and
    Secondary Education Act of 1965 (``ESEA'').

    (c) Uses of Funds.--Grant funds awarded under subsection (a)(1) may
    be used to--
    (1) provide emergency support through grants to local
    educational agencies that the State educational agency deems
    have been most significantly impacted by coronavirus to support
    the ability of such local educational agencies to continue to
    provide educational services to their students and to support
    the on-going functionality of the local educational agency;
    (2) <>  provide emergency support
    through grants to institutions of higher education serving
    students within the State that the Governor determines have been
    most significantly impacted by coronavirus to support the
    ability of such institutions to continue to provide educational
    services and support the on-going functionality of the
    institution; and
    (3) provide support to any other institution of higher
    education, local educational agency, or education related entity
    within the State that the Governor deems essential for carrying
    out emergency educational services to students for authorized
    activities described in section 313(d)(1) of this title or the
    HEA; the provision of child care and early childhood education,
    social and emotional support; and the protection of education-
    related jobs.

    (d) Emergency Assistance to Non-Public Schools.--
    (1) Program authorized.--
    (A) <>  In general.--With funds
    reserved under subsection (a)(2), the Secretary shall
    allot the amount described in subparagraph (B) to the
    Governor of each State with an approved application
    under paragraph (2) in order to provide services or
    assistance to non-public schools under this subsection.
    The Governor shall designate the State educational
    agency to administer the program authorized under this
    subsection.
    (B) <>  Amount of allotment.--
    An allotment for a State under subparagraph (A) shall be
    in the amount that bears

    [[Page 1926]]

    the same relationship to the total amount of the funds
    reserved under subsection (a)(2) as the number of
    children aged 5 through 17 at or below 185 percent of
    poverty who are enrolled in non-public schools in the
    State (as determined by the Secretary on the basis of
    the best available data) bears to the total number of
    all such children in all States.
    (2) Applications from states.--
    (A) <>  Application request and
    review.--The Secretary shall--
    (i) <>  issue a notice inviting
    applications for funds reserved under subsection
    (a)(2) not later than 30 days after the date of
    enactment of this Act; and
    (ii) approve or deny an application not later
    than 15 days after the receipt of the application.
    (B) <>  Assurance.--The
    Governor of each State, in consultation with their
    respective State educational agency, shall include in
    the application submitted under this paragraph an
    assurance that the State educational agency will--
    (i) distribute information about the program
    to non-public schools and make the information and
    the application easily available;
    (ii) process all applications submitted
    promptly, in accordance with subparagraph
    (3)(A)(ii);
    (iii) in providing services or assistance to
    non-public schools, ensure that services or
    assistance is provided to any non-public school
    that--
    (I) is a non-public school described
    in paragraph (3)(C);
    (II) submits an application that
    meets the requirements of paragraph
    (3)(B); and
    (III) requests services or
    assistance allowable under paragraph
    (4);
    (iv) to the extent practicable, obligate all
    funds provided under subsection (a)(2) for
    services or assistance to non-public schools in
    the State in an expedited and timely manner; and
    (v) <>  obligate funds to
    provide services or assistance to non-public
    schools in the State not later than 6 months after
    receiving such funds under subsection (a)(2).
    (3) Applications for services or assistance.--
    (A) Application request and review.--A State
    educational agency receiving funds from the Governor
    under this subsection shall--
    (i) make the application for services or
    assistance described in subparagraph (B) available
    to non-public schools by not later than 30 days
    after the receipt of such funds; and
    (ii) approve or deny an application not later
    than 30 days after the receipt of the application.
    (B) Application requirements.--Each non-public
    school desiring services or assistance under this
    subsection shall submit an application to the State
    educational agency at such time, in such manner, and
    accompanied by such

    [[Page 1927]]

    information as the State educational agency may
    reasonably require to ensure expedited and timely
    provision of services or assistance to the non-public
    school, which shall include--
    (i) the number and percentage of students from
    low-income families enrolled by such non-public
    school in the 2019-2020 school year;
    (ii) a description of the emergency services
    authorized under paragraph (4) that such non-
    public school requests to be provided by the State
    educational agency; and
    (iii) whether the non-public school requesting
    services or assistance under this subsection
    received a loan guaranteed under paragraph (36) of
    section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) that was made before the date of enactment
    of this Act and the amount of any such loan
    received.
    (C) <>  Targeting.--A State
    educational agency receiving funds under this subsection
    shall prioritize services or assistance to non-public
    schools that enroll low-income students and are most
    impacted by the qualifying emergency.
    (4) Types of services or assistance.--A non-public school
    receiving services or assistance under this subsection shall use
    such services or assistance to address educational disruptions
    resulting from the qualifying emergency for--
    (A) supplies to sanitize, disinfect, and clean
    school facilities;
    (B) personal protective equipment;
    (C) improving ventilation systems, including windows
    or portable air purification systems to ensure healthy
    air in the non-public school;
    (D) training and professional development for staff
    on sanitation, the use of personal protective equipment,
    and minimizing the spread of infectious diseases;
    (E) physical barriers to facilitate social
    distancing;
    (F) other materials, supplies, or equipment to
    implement public health protocols, including guidelines
    and recommendations from the Centers for Disease Control
    and Prevention for the reopening and operation of school
    facilities to effectively maintain the health and safety
    of students, educators, and other staff during the
    qualifying emergency;
    (G) expanding capacity to administer coronavirus
    testing to effectively monitor and suppress coronavirus,
    to conduct surveillance and contact tracing activities,
    and to support other activities related to coronavirus
    testing for students, teachers, and staff at the non-
    public school;
    (H) educational technology (including hardware,
    software, connectivity, assistive technology, and
    adaptive equipment) to assist students, educators, and
    other staff with remote or hybrid learning;
    (I) redeveloping instructional plans, including
    curriculum development, for remote learning, hybrid
    learning, or to address learning loss;
    (J) leasing of sites or spaces to ensure safe social
    distancing to implement public health protocols,
    including

    [[Page 1928]]

    guidelines and recommendations from the Centers for
    Disease Control and Prevention;
    (K) reasonable transportation costs;
    (L) initiating and maintaining education and support
    services or assistance for remote learning, hybrid
    learning, or to address learning loss; or
    (M) <>  reimbursement for the
    expenses of any services or assistance described in this
    paragraph (except for subparagraphs (C) (except that
    portable air purification systems shall be an allowable
    reimbursable expense), (D), (I), and (L)) that the non-
    public school incurred on or after the date of the
    qualifying emergency, except that any non-public school
    that has received a loan guaranteed under paragraph (36)
    of section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) as of the day prior to the date of enactment of
    this Act shall not be eligible for reimbursements
    described in this paragraph for any expenses reimbursed
    through such loan.
    (5) Administration.--A State educational agency receiving
    funds under this subsection may reserve not more than the
    greater of $200,000 or one-half of 1 percent of such funds to
    administer the services and assistance provided under this
    subsection to non-public schools.
    (6) <>  Reallocation.--Notwithstanding
    paragraph (1)(A), each State educational agency receiving funds
    under this subsection that complies with paragraph (2) but has
    unobligated funds remaining 6 months after receiving funds under
    this subsection shall return such remaining unobligated funds to
    the Governor, to use for any use authorized under subsection
    (c).
    (7) Public control of funds.--
    (A) In general.--The control of funds for the
    services or assistance provided to a non-public school
    under this subsection, and title to materials,
    equipment, and property purchased with such funds, shall
    be in a public agency, and a public agency shall
    administer such funds, services, assistance, materials,
    equipment, and property.
    (B) Provision of services or assistance.--
    (i) Provider.--The provision of services or
    assistance to a non-public school under this
    subsection shall be provided--
    (I) by employees of a public agency;
    or
    (II) through contract by such public
    agency with an individual, association,
    agency, or organization.
    (ii) Requirement.--In the provision of
    services or assistance described in clause (i),
    such employee, individual, association, agency, or
    organization shall be independent of the non-
    public school receiving such services or
    assistance, and such employment and contracts
    shall be under the control and supervision of such
    public agency described in subparagraph (A).
    (8) Secular, neutral, and non-ideological.--All services or
    assistance provided under this subsection, including providing
    equipment, materials, and any other items, shall be secular,
    neutral, and non-ideological.

    [[Page 1929]]

    (9) Interaction with paycheck protection program.--(A) In
    general.-- <> In order to be eligible to receive
    services or assistance under this subsection, a non-public
    school shall submit to the State an assurance, including any
    documentation required by the Secretary, that such non-public
    school did not, and will not, apply for and receive a loan under
    paragraphs (36) or (37) of section 7(a) of the Small Business
    Act (15 U.S.C. 636(a)(37)) that is made on or after the date of
    enactment of this Act.
    (B) Allowance.--A non-public school that received a
    loan guaranteed under paragraph (36) of section 7(a) of
    the Small Business Act (15 U.S.C. 636(a)) that was made
    before the date of enactment of this Act shall be
    eligible to receive services or assistance under this
    subsection.

    (e) Restrictions.--
    (1) Funds provided under this section shall not be used--
    (A) to provide direct or indirect financial
    assistance to scholarship granting organizations or
    related entities for elementary or secondary education;
    or
    (B) to provide or support vouchers, tuition tax
    credit programs, education savings accounts,
    scholarships, scholarship programs, or tuition-
    assistance programs for elementary or secondary
    education.
    (2) Exception.--Notwithstanding paragraph (1), a State may
    use funds provided under subsection (a)(1) to provide assistance
    prohibited under paragraph (1) only to students who receive or
    received such assistance with funds provided under section
    18002(a) of division B of the CARES Act (20 U.S.C. 3401 note),
    for the 2020-2021 school year and only for the same assistance
    provided such students under such section.
    (3) Rule of construction.--Nothing in this subsection shall
    be interpreted to apply any additional restrictions to funds
    provided in section 18002(a) of division B of the CARES Act (20
    U.S.C. 3401 note).

    (f) <>  Reallocation.--Each Governor shall return
    to the Secretary any funds received under paragraph (1) or (2) of
    subsection (a) that the Governor does not award or obligate not later
    than 1 year after the date of receipt of such funds, and the Secretary
    shall reallocate such funds to the remaining States in accordance with
    subsection (b) for uses authorized under subsection (c).

    elementary and secondary school emergency relief fund

    Sec. <>  313. (a) Grants.--From funds reserved
    under section 311(b)(2) of this title, the Secretary shall make
    supplemental elementary and secondary school emergency relief grants to
    each State educational agency with an approved application under section
    18003 of division B of the CARES Act (Public Law 116-136). The Secretary
    shall award funds under this section to each State educational agency
    with an approved application within 30 calendar days of the date of
    enactment of this Act.

    (b) Allocations to States.--The amount of each grant under
    subsection (a) shall be allocated by the Secretary to each State in the
    same proportion as each State received under part A of title I of the
    ESEA of 1965 in the most recent fiscal year.

    [[Page 1930]]

    (c) Subgrants to Local Educational Agencies.--Each State shall
    allocate not less than 90 percent of the grant funds awarded to the
    State under this section as subgrants to local educational agencies
    (including charter schools that are local educational agencies) in the
    State in proportion to the amount of funds such local educational
    agencies and charter schools that are local educational agencies
    received under part A of title I of the ESEA of 1965 in the most recent
    fiscal year.
    (d) Uses of Funds.--A local educational agency that receives funds
    under this section may use the funds for any of the following:
    (1) Any activity authorized by the ESEA of 1965, including
    the Native Hawaiian Education Act and the Alaska Native
    Educational Equity, Support, and Assistance Act (20 U.S.C. 6301
    et seq.), the Individuals with Disabilities Education Act (20
    U.S.C. 1400 et seq.) (``IDEA''), the Adult Education and Family
    Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. Perkins
    Career and Technical Education Act of 2006 (20 U.S.C. 2301 et
    seq.) (``the Perkins Act''), or subtitle B of title VII of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
    seq.).
    (2) <>  Coordination of preparedness
    and response efforts of local educational agencies with State,
    local, Tribal, and territorial public health departments, and
    other relevant agencies, to improve coordinated responses among
    such entities to prevent, prepare for, and respond to
    coronavirus.
    (3) Providing principals and others school leaders with the
    resources necessary to address the needs of their individual
    schools.
    (4) Activities to address the unique needs of low-income
    children or students, children with disabilities, English
    learners, racial and ethnic minorities, students experiencing
    homelessness, and foster care youth, including how outreach and
    service delivery will meet the needs of each population.
    (5) Developing and implementing procedures and systems to
    improve the preparedness and response efforts of local
    educational agencies.
    (6) Training and professional development for staff of the
    local educational agency on sanitation and minimizing the spread
    of infectious diseases.
    (7) Purchasing supplies to sanitize and clean the facilities
    of a local educational agency, including buildings operated by
    such agency.
    (8) <>  Planning for, coordinating, and
    implementing activities during long-term closures, including
    providing meals to eligible students, providing technology for
    online learning to all students, providing guidance for carrying
    out requirements under the IDEA and ensuring other educational
    services can continue to be provided consistent with all
    Federal, State, and local requirements.
    (9) Purchasing educational technology (including hardware,
    software, and connectivity) for students who are served by the
    local educational agency that aids in regular and substantive
    educational interaction between students and their classroom
    instructors, including low-income students and children with
    disabilities, which may include assistive technology or adaptive
    equipment.
    (10) Providing mental health services and supports.

    [[Page 1931]]

    (11) Planning and implementing activities related to summer
    learning and supplemental afterschool programs, including
    providing classroom instruction or online learning during the
    summer months and addressing the needs of low-income students,
    children with disabilities, English learners, migrant students,
    students experiencing homelessness, and children in foster care.
    (12) Addressing learning loss among students, including low-
    income students, children with disabilities, English learners,
    racial and ethnic minorities, students experiencing
    homelessness, and children and youth in foster care, of the
    local educational agency, including by--
    (A) Administering and using high-quality assessments
    that are valid and reliable, to accurately assess
    students' academic progress and assist educators in
    meeting students' academic needs, including through
    differentiating instruction.
    (B) Implementing evidence-based activities to meet
    the comprehensive needs of students.
    (C) Providing information and assistance to parents
    and families on how they can effectively support
    students, including in a distance learning environment.
    (D) Tracking student attendance and improving
    student engagement in distance education.
    (13) School facility repairs and improvements to enable
    operation of schools to reduce risk of virus transmission and
    exposure to environmental health hazards, and to support student
    health needs.
    (14) Inspection, testing, maintenance, repair, replacement,
    and upgrade projects to improve the indoor air quality in school
    facilities, including mechanical and non-mechanical heating,
    ventilation, and air conditioning systems, filtering,
    purification and other air cleaning, fans, control systems, and
    window and door repair and replacement.
    (15) Other activities that are necessary to maintain the
    operation of and continuity of services in local educational
    agencies and continuing to employ existing staff of the local
    educational agency.

    (e) State Funding.--With funds not otherwise allocated under
    subsection (c), a State may reserve not more than one-half of 1 percent
    for administrative costs and the remainder for emergency needs as
    determined by the state educational agency to address issues responding
    to coronavirus, including measuring and addressing learning loss, which
    may be addressed through the use of grants or contracts.
    (f) Report.--A State receiving funds under this section shall submit
    a report to the Secretary, not later than 6 months after receiving
    funding provided in this Act, in such manner and with such subsequent
    frequency as the Secretary may require, that provides a detailed
    accounting of the use of funds provided under this section, including
    how the State is using funds to measure and address learning loss among
    students disproportionately affected by coronavirus and school closures,
    including low-income students, children with disabilities, English
    learners, racial and ethnic minorities, students experiencing
    homelessness, and children and youth in foster care.

    [[Page 1932]]

    (g) <>  Reallocation.--A State shall return to the
    Secretary any funds received under this section that the State does not
    award within 1 year of receiving such funds and the Secretary shall
    reallocate such funds to the remaining States in accordance with
    subsection (b).

    higher education emergency relief fund

    Sec. 314. (a) <>  In General.--From funds
    reserved under section 311(b)(3) of this title the Secretary shall
    allocate amounts to institutions of higher education with an approved
    application as follows:
    (1) 89 percent to each institution of higher education as
    defined in section 101 or section 102(c) of the HEA to prevent,
    prepare for, and respond to coronavirus, by apportioning it--
    (A) 37.5 percent according to the relative share of
    full-time equivalent enrollment of students who were
    Federal Pell Grant recipients and who were not
    exclusively enrolled in distance education courses prior
    to the qualifying emergency;
    (B) 37.5 percent according to the relative share of
    the total number of students who were Federal Pell Grant
    recipients and who were not exclusively enrolled in
    distance education courses prior to the qualifying
    emergency;
    (C) 11.5 percent according to the relative share of
    full-time equivalent enrollment of students who were not
    Federal Pell Grant recipients and who were not
    exclusively enrolled in distance education courses prior
    to the qualifying emergency;
    (D) 11.5 percent according to the relative share of
    the total number of students who were not Federal Pell
    Grant recipients and who were not exclusively enrolled
    in distance education courses prior to the qualifying
    emergency;
    (E) 1 percent according to the relative share of
    full-time equivalent enrollment of students who were
    Federal Pell grant recipients and who were exclusively
    enrolled in distance education courses prior to the
    qualifying emergency; and
    (F) 1 percent according to the relative share of the
    total number of students who were Federal Pell grant
    recipients and who were exclusively enrolled in distance
    education courses prior to the qualifying emergency.
    (2) 7.5 percent for additional awards under parts A and B of
    title III, parts A and B of title V, and subpart 4 of part A of
    title VII of the HEA to address needs directly related to
    coronavirus, that shall be in addition to awards made in
    subsection (a)(1), and allocated by the Secretary proportionally
    to such programs based on the relative share of funding
    appropriated to such programs in the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) and distributed to
    eligible institutions of higher education, except as otherwise
    provided in subparagraphs (A) through (C), on the basis of the
    formula described in subparagraphs (A) through (F) of subsection
    (a)(1):
    (A) Except as otherwise provided in subparagraph
    (2)(B), for eligible institutions under part B of title
    III and subpart 4 of part A of title VII of the HEA, the

    [[Page 1933]]

    Secretary shall allot to each eligible institution an
    amount using the following formula:
    (i) 70 percent according to a ratio equivalent
    to the number of Pell Grant recipients in
    attendance at such institution at the end of the
    school year preceding the beginning of the most
    recent fiscal year and the total number of Pell
    Grant recipients at all such institutions;
    (ii) 20 percent according to a ratio
    equivalent to the total number of students
    enrolled at such institution at the end of the
    school year preceding the beginning of that fiscal
    year and the number of students enrolled at all
    such institutions; and
    (iii) 10 percent according to a ratio
    equivalent to the total endowment size at all
    eligible institutions at the end of the school
    year preceding the beginning of that fiscal year
    and the total endowment size at such institution;
    (B) For eligible institutions under section 326 of
    the HEA, the Secretary shall allot to each eligible
    institution an amount in proportion to the award
    received from funding for such institutions in the
    Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94); and
    (C) For eligible institutions under section 316 of
    the HEA, the Secretary shall allot funding according to
    the formula in section 316(d)(3) of the HEA.
    (3) <>  0.5 percent for part B of
    title VII of the HEA for institutions of higher education that
    the Secretary determines have, after allocating other funds
    available under this section, the greatest unmet needs related
    to coronavirus, including institutions of higher education with
    large populations of graduate students and institutions of
    higher education that did not otherwise receive an allocation
    under this section. <>
    In awarding funds under this paragraph, the Secretary shall
    publish an application for such funds no later than 60 calendar
    days of enactment of this Act, and shall provide a briefing to
    the Committees on Appropriations of the House of Representatives
    and the Senate no later than 7 days prior to publishing such
    application.
    (4) 3 percent to institutions of higher education as defined
    in section 102(b) of the HEA allocated on the basis of the
    formula described in subparagraphs (A) through (F) of subsection
    (a)(1).

    (b)(1) Distribution.--The funds made available to each institution
    under subsection (a)(1) shall be distributed by the Secretary using the
    same systems as the Secretary otherwise distributes funding to
    institutions under title IV of the HEA.
    (2) <>  The Secretary shall allocate
    amounts to institutions of higher education under this section,
    to the extent practicable, as follows:
    (A) under subsections (a)(1) and (a)(4) within 30
    calendar days of the date of enactment of this Act;
    (B) under subsection (a)(2) within 60 calendar days
    of the date of enactment of this Act; and
    (C) under subsection (a)(3) within 120 calendar days
    of enactment of this Act.

    [[Page 1934]]

    (c) Uses of Funds.--An institution of higher education receiving
    funds under this section may use the funds received to--
    (1) defray expenses associated with coronavirus (including
    lost revenue, reimbursement for expenses already incurred,
    technology costs associated with a transition to distance
    education, faculty and staff trainings, and payroll);
    (2) carry out student support activities authorized by the
    HEA that address needs related to coronavirus; or
    (3) provide financial aid grants to students (including
    students exclusively enrolled in distance education), which may
    be used for any component of the student's cost of attendance or
    for emergency costs that arise due to coronavirus, such as
    tuition, food, housing, health care (including mental health
    care), or child care. In making financial aid grants to
    students, an institution of higher education shall prioritize
    grants to students with exceptional need, such as students who
    receive Pell Grants.

    (d) Special Provisions.--
    (1) A Historically Black College and University or a
    Minority Serving Institution may use prior awards provided under
    titles III, V, and VII of the Higher Education Act to prevent,
    prepare for, and respond to coronavirus.
    (2) An institution of higher education awarded funds under
    section 18004 of division B of the CARES Act (Public Law 116-
    136) prior to the date of enactment of this Act may use those
    funds under the terms and conditions of section 314(c) of this
    title, subject to the requirements in paragraph (5). Amounts
    repurposed pursuant to this paragraph that were previously
    designated by the Congress as an emergency requirement pursuant
    to the Balanced Budget and Emergency Deficit Control Act of 1985
    are designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.
    (3) No funds received by an institution of higher education
    under this section shall be used to fund contractors for the
    provision of pre-enrollment recruitment activities; marketing or
    recruitment; endowments; capital outlays associated with
    facilities related to athletics, sectarian instruction, or
    religious worship; senior administrator or executive salaries,
    benefits, bonuses, contracts, incentives; stock buybacks,
    shareholder dividends, capital distributions, and stock options;
    or any other cash or other benefit for a senior administrator or
    executive.
    (4) Any funds that remain available for obligation as of the
    date of enactment of this Act to carry out section 18004(a)(1)
    of the CARES Act (Public Law 116-136) or under the heading
    ``Safe Schools and Citizenship Education'' of such Act shall be
    used by the Secretary to carry out section 314(a)(1) of this
    title:  Provided, That amounts repurposed pursuant to this
    paragraph that were previously designated by the Congress as an
    emergency requirement pursuant to the Balanced Budget and
    Emergency Deficit Control Act of 1985 are designated by the
    Congress as an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    [[Page 1935]]

    (5) Institutions of higher education receiving allocations
    under section 314(a)(1) of this title shall provide at least the
    same amount of funding in emergency financial aid grants to
    students as was required to be provided under sections
    18004(a)(1) and (c) of division B of the CARES Act (Public Law
    116-136). An institution of higher education that repurposes
    funds pursuant to paragraph (2) shall ensure that not less than
    50 percent of the funds received under section 18004(a)(1) of
    division B of the CARES Act (Public Law 116-136) are used for
    financial aid grants to students under either section 18004(c)
    of division B of the CARES Act or section 314(c)(3) of this
    title, or a combination of those sections:  Provided, That
    amounts repurposed pursuant to this paragraph that were
    previously designated by the Congress as an emergency
    requirement pursuant to the Balanced Budget and Emergency
    Deficit Control Act of 1985 are designated by the Congress as an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
    (6)(A) An institution of higher education that was required
    to remit payment to the Internal Revenue Service for the excise
    tax based on investment income of private colleges and
    universities under section 4968 of the Internal Revenue Code of
    1986 for tax year 2019 shall have its allocation under this
    section reduced by 50 percent and may only use funds for
    activities described in paragraph (c)(3), or for sanitation,
    personal protective equipment, or other expenses associated with
    the general health and safety of the campus environment related
    to the qualifying emergency. This paragraph shall not apply to
    an institution of higher education designated by the Secretary
    as an eligible institution under section 448 of the HEA.
    (B) Waiver authority.--The Secretary may waive the
    requirements of subparagraph (A) if, upon application,
    an institution of higher education demonstrates need
    (including need for additional funding for financial aid
    grants to students, payroll expenses, or other
    expenditures) for the total amount of funds such
    institution is allocated under section 314(a)(1) of this
    title. <> The Secretary shall
    provide and make publicly available a written
    justification for the denial of any application for a
    waiver under this subparagraph.
    (7) An institution of higher education as defined in section
    102(b) of the HEA may only use funds received under this section
    for activities described in subsection (c)(3).
    (8) An institution of higher education with an approved
    application under section 18004(a) of division B of the CARES
    Act (Public Law 116-136) prior to the date of enactment of this
    Act shall not be required to submit a new or revised application
    to receive funds under this section provided such funds are
    subject to the terms and conditions of this section.
    (9) An institution of higher education receiving funds under
    subsections (a)(1)(E) or (F) may only use funds apportioned by
    such subparagraphs for activities described in subsection
    (c)(3).

    (e) Report.--An institution receiving funds under this section shall
    submit a report to the Secretary, not later than 6 months

    [[Page 1936]]

    after receiving funding provided in this Act, in such manner and with
    such subsequent frequency as the Secretary may require, that provides a
    detailed accounting of the use of funds provided under this section.
    (f) <>  Reallocation.--Any funds allocated to an
    institution of higher education under this section on the basis of a
    formula described in subsections (a)(1), (a)(2), and (a)(4) but for
    which an institution does not apply for funding within 90 days of the
    publication of the notice inviting applications, shall be reallocated to
    eligible institutions that had submitted an application by such date in
    accordance with the formula described in subsection (a)(1).

    continued payment to employees

    Sec. 315.  A local educational agency, State, institution of higher
    education, or other entity that receives funds provided under the
    heading ``Education Stabilization Fund'', shall, to the greatest extent
    practicable, continue to pay its employees and contractors during the
    period of any disruptions or closures related to coronavirus.

    definitions

    Sec. 316.  Except as otherwise provided in sections 311 through 316
    of this title, as used in such sections--
    (1) the terms ``elementary education'' and ``secondary
    education'' have the meaning given such terms under State law;
    (2) the term ``institution of higher education'' has the
    meaning given such term in title I of the HEA;
    (3) the term ``Secretary'' means the Secretary of Education;
    (4) the term ``State'' means each of the 50 States, the
    District of Columbia, and the Commonwealth of Puerto Rico;
    (5) the term ``cost of attendance'' has the meaning given
    such term in section 472 of the HEA;
    (6) the term ``Non-public school'' means a non-public
    elementary and secondary school that--
    (A) is accredited, licensed, or otherwise operates
    in accordance with State law; and
    (B) was in existence prior to the date of the
    qualifying emergency for which grants are awarded under
    this title;
    (7) the term ``public school'' means a public elementary or
    secondary school;
    (8) any other term used that is defined in section 8101 of
    the ESEA of 1965 shall have the meaning given the term in such
    section; and
    (9) the term ``qualifying emergency'' has the meaning given
    the term in section 3502(a)(4) of the Coronavirus Aid, Relief,
    and Economic Security Act (Public Law 116-136).

    maintenance of effort

    Sec. 317. (a) At the time of award of funds to carry out sections
    312 or 313 of this title, a State shall provide assurances that such
    State will maintain support for elementary and secondary education, and
    for higher education (which shall include State funding to institutions
    of higher education and state need-based financial aid, and shall not
    include support for capital projects or for research and development or
    tuition and fees paid by students) in fiscal year 2022 at least at the
    proportional levels of

    [[Page 1937]]

    such State's support for elementary and secondary education and for
    higher education relative to such State's overall spending, averaged
    over fiscal years 2017, 2018, and 2019.
    (b) <>  The Secretary may waive the
    requirement in subsection (a) for the purpose of relieving fiscal
    burdens on States that have experienced a precipitous decline in
    financial resources.

    Gallaudet University

    For an additional amount for ``Gallaudet University'', $11,000,000,
    to remain available through September 30, 2022, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    to help defray the expenses directly caused by coronavirus and to enable
    grants to students for expenses directly related to coronavirus and the
    disruption of university operations:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    Student Aid Administration

    For an additional amount for ``Student Aid Administration'',
    $30,000,000, to remain available through September 30, 2022, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Howard University

    For an additional amount for ``Howard University'', $20,000,000, to
    remain available through September 30, 2022, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    to help defray the expenses directly caused by coronavirus and to enable
    grants to students for expenses directly related to coronavirus and the
    disruption of university operations:  Provided, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    National Technical Institute for the Deaf

    For an additional amount for ``National Technical Institute for the
    Deaf'', $11,000,000, to remain available through September 30, 2022, to
    prevent, prepare for, and respond to coronavirus, domestically or
    internationally, including to help defray the expenses directly caused
    by coronavirus and to enable grants to students for expenses directly
    related to coronavirus and the disruption of university operations:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 251(b)(2)(A)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 1938]]

    Institute of Education Sciences

    For an additional amount for ``Institute of Education Sciences'',
    $28,000,000, to remain available through September 30, 2022, to prevent,
    prepare for and respond to coronavirus, domestically or internationally,
    for carrying out the National Assessment of Educational Progress
    Authorization Act:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Departmental Management

    program administration

    For an additional amount for ``Program Administration'',
    $15,000,000, to remain available through September 30, 2023, to prevent,
    prepare for, and respond to coronavirus, domestically or
    internationally:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    office of the inspector general

    For an additional amount for ``Office of the Inspector General'',
    $5,000,000, to remain available until expended, to prevent, prepare for,
    and respond to coronavirus, domestically or internationally, including
    for salaries and expenses necessary for oversight, investigations, and
    audits of programs, grants, and projects funded in this Act to respond
    to coronavirus:  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    GENERAL PROVISION--THIS TITLE

    Sec. <>  321.  Not later
    than 30 days after the date of enactment of this Act, the Secretaries of
    Health and Human Services and Education shall provide a detailed spend
    plan of anticipated uses of funds made available in this title,
    including estimated personnel and administrative costs, to the
    Committees on Appropriations of the House of Representatives and the
    Senate:  Provided, <> That such plans shall be
    updated and submitted to such Committees every 60 days until September
    30, 2024:  Provided further, <> That the spend
    plans shall be accompanied by a listing of each contract obligation
    incurred that exceeds $5,000,000 which has not previously been reported,
    including the amount of each such obligation.

    [[Page 1939]]

    TITLE IV

    DEPARTMENT OF TRANSPORTATION

    Federal Aviation Administration

    grants-in-aid for airports

    (including transfer of funds)

    For an additional amount for ``Grants-in-Aid for Airports''
    $2,000,000,000, to prevent, prepare for, and respond to coronavirus:
    Provided, That amounts made available under this heading in this Act
    shall be derived from the general fund of the Treasury:  Provided
    further, That funds provided under this heading in this Act shall only
    be available to airports in categories defined in section 47102 of title
    49, United States Code:  Provided further, That funds provided under
    this heading in this Act shall not otherwise be subject to the
    requirements of chapter 471 of such title:  Provided further, That
    notwithstanding <>  the preceding
    proviso, except for project eligibility, the requirements of chapter 471
    of such title shall apply to funds provided for any contract awarded
    (after the date of enactment of this Act) for airport development and
    funded under this heading:  Provided further, That funds provided under
    this heading in this Act may not be used for any purpose not directly
    related to the airport:  Provided further, That no additional funding
    shall be provided from funds made available under this heading to any
    airport that was allocated in excess of four years of operating funds
    under Public Law 116-136:  Provided further, That the Federal share
    payable of the costs for which a grant is made under this heading in
    this Act shall be 100 percent:  Provided further, That, notwithstanding
    any other provision of law, any funds appropriated under the heading
    ``Grants-In-Aid for Airports'' in Public Law 116-136 that are
    unallocated as of the date of enactment of this Act shall be added to
    and allocated under paragraph (1) of this heading in this Act:  Provided
    further, That any funds obligated under Public Law 116-136 that are
    recovered by or returned to the FAA shall be allocated under paragraph
    (1) of this heading in this Act:  Provided further, That of the amounts
    appropriated under this heading in this Act:
    (1) Not less than $1,750,000,000 shall be available for
    primary airports as defined in section 47102(16) of title 49,
    United States Code, and certain cargo airports for costs related
    to operations, personnel, cleaning, sanitization, janitorial
    services, combating the spread of pathogens at the airport, and
    debt service payments:  Provided, That such funds shall not be
    subject to the reduced apportionments of section 47114(f) of
    title 49, United States Code:  Provided further, That such funds
    shall first be apportioned as set forth in sections
    47114(c)(1)(A), 47114(c)(1)(C)(i), 47114(c)(1)(C)(ii),
    47114(c)(2)(A), 47114(c)(2)(B), and 47114(c)(2)(E) of title 49,
    United States Code:  Provided further, That there shall be no
    maximum apportionment limit:  Provided further, That any
    remaining funds after such apportionment shall be distributed to
    all sponsors of primary airports (as defined in section
    47102(16) of title 49, United States Code) based on each such
    airport's passenger enplanements compared to total passenger
    enplanements of all airports defined in section 47102(16) of

    [[Page 1940]]

    title 49, United States Code, for the most recent calendar year
    enplanements upon which the Secretary has apportioned funds
    pursuant to section 47114(c) of title 49, United States Code;
    (2) Not less than $45,000,000 shall be for general aviation
    and commercial service airports that are not primary airports as
    defined in paragraphs (7), (8), and (16) of section 47102 of
    title 49, United States Code, for costs related to operations,
    personnel, cleaning, sanitization, janitorial services,
    combating the spread of pathogens at the airport, and debt
    service payments:  Provided, That not less than $5,000,000 of
    such funds shall be available to sponsors of non-primary
    airports, divided equally, that participate in the FAA Contract
    Tower Program defined in section 47124 of title 49, United
    States Code, to cover lawful expenses to support FAA contract
    tower operations:  Provided
    further, <> That the Secretary shall
    apportion the remaining funds to each non-primary airport based
    on the categories published in the most current National Plan of
    Integrated Airport Systems, reflecting the percentage of the
    aggregate published eligible development costs for each such
    category, and then dividing the allocated funds evenly among the
    eligible airports in each category, rounding up to the nearest
    thousand dollars:  Provided
    further, <> That any remaining funds under
    this paragraph shall be distributed as described in paragraph
    (1) under this heading in this Act;
    (3) Not less than $200,000,000 shall be available to
    sponsors of primary airports to provide relief from rent and
    minimum annual guarantees to on-airport car rental, on-airport
    parking, and in-terminal airport concessions (as defined in part
    23 of title 49, Code of Federal Regulations) located at primary
    airports:  Provided, That such funds shall be distributed to all
    sponsors of primary airports (as defined in section 47102(16) of
    title 49, United States Code) based on each such airport's
    passenger enplanements compared to total passenger enplanements
    of all airports defined in section 47102(16) of title 49, United
    States Code, for calendar year 2019:  Provided
    further, <> That as a condition of
    approving a grant under this paragraph, the Secretary shall
    require the sponsor to provide such relief from the date of
    enactment of this Act until the sponsor has provided relief
    equaling the total grant amount, to the extent practicable and
    to the extent permissible under state laws, local laws, and
    applicable trust indentures:  Provided further, That the sponsor
    shall provide relief from rent and minimum annual guarantee
    obligations to each eligible airport concession in an amount
    that reflects each eligible airport concession's proportional
    share of the total amount of the rent and minimum annual
    guarantees of all the eligible airport concessions at such
    airport:  Provided further, <> That, to the
    extent permissible under this paragraph, airport sponsors shall
    prioritize relief from rent and minimum annual guarantee to
    minority-owned businesses:  Provided further, That only airport
    concessions that have certified they have not received a second
    draw or assistance for a covered loan under section 7(a)(37) of
    the Small Business Act (15 U.S.C. 636(a)(37)) that has been
    applied toward rent or minimum annual guarantee costs shall be
    eligible for relief under this paragraph and such concessions
    are hereby prohibited from applying for a covered loan under

    [[Page 1941]]

    such section for rent or minimum annual guarantee costs:
    Provided further, That sponsors of primary airports may retain
    up to 2 percent of the funds provided under this paragraph to
    administer the relief required under this paragraph; and
    (4) Up to $5,000,000 shall be available and transferred to
    ``Office of the Secretary, Salaries and Expenses'' to carry out
    the Small Community Air Service Development Program:
    Provided, <> That in allocating
    funding made available in this or any previous Acts for such
    program for fiscal years 2019, 2020, and 2021, the Secretary of
    Transportation shall give priority to communities or consortia
    of communities that have had air carrier service reduced or
    suspended as a result of the coronavirus pandemic:  Provided
    further, <> That the
    Secretary shall publish streamlined and expedited procedures for
    the solicitation of applications for assistance under this
    paragraph not later than 60 days after the date of enactment of
    this Act and shall make awards as soon as practicable:

    Provided further, That the Administrator of the Federal Aviation
    Administration may retain up to 0.1 percent of the funds provided under
    this heading in this Act to fund the award and oversight by the
    Administrator of grants made under this heading in this Act:  Provided
    further, That obligations of funds under this heading in this Act shall
    not be subject to any limitations on obligations provided in any Act
    making annual appropriations:  Provided further, <> That all airports receiving funds under
    this heading in this Act shall continue to employ, through February 15,
    2021, at least 90 percent of the number of individuals employed (after
    making adjustments for retirements or voluntary employee separations) by
    the airport as of March 27, 2020:  Provided further, <> That the Secretary may waive the workforce
    retention requirement in the preceding proviso, if the Secretary
    determines the airport is experiencing economic hardship as a direct
    result of the requirement, or the requirement reduces aviation safety or
    security:  Provided further, That the workforce retention requirement
    shall not apply to nonhub airports or nonprimary airports receiving
    funds under this heading in this Act:  Provided further, That the
    amounts repurposed under this heading in this Act that were previously
    designated by the Congress as an emergency requirement pursuant to the
    Balanced Budget and Emergency Deficit Control Act of 1985 are designated
    by the Congress as an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Federal Highway Administration

    highway infrastructure programs

    For an additional amount for ``Highway Infrastructure Programs'',
    $10,000,000,000, to remain available until September 30, 2024, to
    prevent, prepare for, and respond to coronavirus:  Provided, That the
    funds made available under this heading in this Act shall be derived
    from the general fund of the Treasury, shall be in addition to any funds
    provided for fiscal year 2021 in this or any other Act for ``Federal-aid
    Highways'' under chapters 1

    [[Page 1942]]

    or 2 of title 23, United States Code, and shall not affect the
    distribution or amount of funds provided in the Transportation, Housing
    and Urban Development, and Related Agencies Appropriations Act, 2021, or
    any other Act:  Provided further, <> That section
    1101(b) of Public Law 114-94 shall apply to funds made available under
    this heading in this Act:  Provided further, That notwithstanding
    chapter 1 or chapter 2 of title 23, United States Code, or any other
    provision of law, in addition to other eligible uses described under
    this heading in this Act, a State, territory, Puerto Rico, or Indian
    Tribe may use funds made available under this heading in this Act for
    costs related to preventive maintenance, routine maintenance,
    operations, personnel, including salaries of employees (including those
    employees who have been placed on administrative leave) or contractors,
    debt service payments, availability payments, and coverage for other
    revenue losses:  Provided further, <> That a
    State, territory, Puerto Rico, or Indian Tribe may transfer funds made
    available under this heading in this Act to State, multi-state,
    international, or local public tolling agencies that own or operate a
    tolled facility that is a public road, bridge, or tunnel, or a ferry
    system that provides a public transportation benefit, and that was in
    operation within their State in fiscal year 2020:  Provided further,
    That funds transferred pursuant to the preceding proviso may be used for
    costs related to operations, personnel, including salaries of employees
    (including those employees who have been placed on administrative leave)
    or contractors, debt service payments, availability payments, and
    coverage for other revenue losses of a tolled facility or ferry system,
    and that, notwithstanding the previous receipt of Federal funds for such
    tolled facility or ferry system, for funds made available under this
    heading in this Act, the limitations on the use of revenues in
    subsections (a)(3) and (c)(4) of section 129 of title 23, United States
    Code, shall not apply with respect to the tolled facilities or ferry
    systems for which funding is transferred pursuant to the preceding
    proviso:  Provided further, That of the funds made available under this
    heading in this Act, $9,840,057,332 shall be available for activities
    eligible under section 133(b) of title 23, United States Code,
    $114,568,862 shall be available for activities eligible under the Tribal
    Transportation Program, as described in section 202 of such title,
    $35,845,307 shall be available for activities eligible under the Puerto
    Rico Highway Program, as described in section 165(b)(2)(C)(iii) of such
    title; and $9,528,499 shall be available for activities eligible under
    the Territorial Highway Program, as described in section 165(c)(6) of
    such title:  Provided further, <> That for the
    purposes of funds made available under this heading in this Act the term
    ``State'' means any of the 50 States or the District of Columbia:
    Provided further, <> That, except as otherwise
    provided under this heading in this Act, the funds made available under
    this heading in this Act shall be administered as if apportioned under
    chapter 1 of title 23, United States Code, except that the funds made
    available under this heading in this Act for activities eligible under
    the Tribal Transportation Program shall be administered as if allocated
    under chapter 2 of title 23, United States Code:  Provided
    further, <> That the funds made
    available under this heading in this Act for activities eligible under
    section 133(b) of title 23, United States Code, shall be apportioned to
    the States in the same ratio as the obligation limitation for fiscal
    year 2021 is distributed among the States in accordance with the formula

    [[Page 1943]]

    specified in section 120(a)(5) of the Transportation, Housing and Urban
    Development, and Related Agencies Appropriations Act, 2021 and shall be
    apportioned not later than 30 days after the date of enactment of this
    Act:  Provided further, <> That funds apportioned
    to a State under this heading in this Act shall be suballocated within
    the State to each area described in subsection 133(d)(1)(A)(i) of title
    23, United States Code, in the same ratio that funds suballocated to
    that area for fiscal year 2021 bears to the combined amount of funds
    apportioned to the State under section 104(b)(2) of such title for
    fiscal years 2020 and 2021:  Provided further, That of funds made
    available under this heading in this Act for activities eligible under
    section 133(b) of title 23, United States Code, any such activity shall
    be subject to the requirements of section 133(i) of title 23, United
    States Code:  Provided further, <> That, except as
    provided in the following proviso, the funds made available under this
    heading in this Act for activities eligible under the Puerto Rico
    Highway Program and activities eligible under the Territorial Highway
    Program shall be administered as if allocated under sections 165(b) and
    165(c), respectively, of title 23, United States Code:  Provided
    further, That the funds made available under this heading in this Act
    for activities eligible under the Puerto Rico Highway Program shall not
    be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B)
    of title 23, United States Code:  Provided further, That for amounts
    made available under this heading in this Act, the Federal share of the
    costs shall be, at the option of the State, territory, Puerto Rico, or
    Indian Tribe, up to 100 percent:  Provided further, That funds made
    available for preventive maintenance, routine maintenance, operations,
    personnel, including salaries of employees (including those employees
    who have been placed on administrative leave) or contractors, debt
    service payments, availability payments, and coverage for other revenue
    losses under this heading in this Act are not required to be included in
    a metropolitan transportation plan, a long-range statewide
    transportation plan, a transportation improvement program or a statewide
    transportation improvement program under sections 134 or 135 of title
    23, United States Code, or chapter 53 of title 49, United States Code,
    as applicable:  Provided further, That unless <>
    otherwise specified, applicable requirements under title 23, United
    States Code, shall apply to funds made available under this heading in
    this Act:  Provided further, That, subject to the following proviso, the
    funds made available under this heading in this Act for activities
    eligible under the Tribal Transportation Program, as described in
    section 202 of title 23, United States Code, may not be set-aside for
    administrative expenses as described in section 202(a)(6) of such title:
    Provided further, That the Administrator of the Federal Highway
    Administration may retain up to $10,000,000 of the total funds made
    available under this heading in this Act, to fund the oversight by the
    Administrator of activities carried out with funds made available under
    this heading in this Act:  Provided further, That the set-asides
    described in subparagraph (C) of section 202(b)(3) of title 23, United
    States Code, and subsections (a)(6), (c), (d), and (e) of section 202 of
    such title shall not apply to funds made available under this heading in
    this Act for activities eligible under the Tribal Transportation
    Program:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section

    [[Page 1944]]

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

    Federal Railroad Administration

    northeast corridor grants to the national railroad passenger corporation

    (including transfer of funds)

    For an additional amount for ``Northeast Corridor Grants to the
    National Railroad Passenger Corporation'', $655,431,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the Secretary of Transportation to make
    or amend existing grants to the National Railroad Passenger Corporation
    for activities associated with the Northeast Corridor, as authorized by
    section 11101(a) of the Fixing America's Surface Transportation Act
    (division A of Public Law 114-94):  Provided, That not less than
    $109,805,000 of the amounts made available under this heading in this
    Act and the ``National Network Grants to the National Railroad Passenger
    Corporation'' heading in this Act shall be made available for use by the
    National Railroad Passenger Corporation in lieu of capital payments from
    States and commuter rail passenger transportation providers subject to
    the cost allocation policy developed pursuant to section 24905(c) of
    title 49, United States Code:  Provided further, That, notwithstanding
    sections 24319(g) and 24905(c)(1)(A)(i) of title 49, United States Code,
    such use of funds does not constitute cross-subsidization of commuter
    rail passenger transportation:  Provided further, That the Secretary may
    retain up to $2,030,000 of the amounts made available under both this
    heading in this Act and the ``National Network Grants to the National
    Railroad Passenger Corporation'' heading in this Act to fund the costs
    of project management and oversight of activities authorized by section
    11101(c) of the Fixing America's Surface Transportation Act (division A
    of Public Law 114-94):  Provided further, That amounts made available
    under this heading in this Act may be transferred to and merged with
    amounts made available under the heading ``National Network Grants to
    the National Railroad Passenger Corporation'' in this Act to prevent,
    prepare for, and respond to coronavirus:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985.

    national network grants to the national railroad passenger corporation

    (including transfer of funds)

    For an additional amount for ``National Network Grants to the
    National Railroad Passenger Corporation'', $344,569,000, to remain
    available until expended, to prevent, prepare for, and respond to
    coronavirus, including to enable the Secretary of Transportation to make
    or amend existing grants to the National Railroad Passenger Corporation
    for activities associated with the National Network as authorized by
    section 11101(b) of the Fixing America's Surface Transportation Act
    (division A of Public Law

    [[Page 1945]]

    114-94):  Provided, That $174,850,000 of the amounts made available
    under this heading in this Act shall be made available for use by the
    National Railroad Passenger Corporation to be apportioned toward State
    payments required by the cost methodology policy adopted pursuant to
    section 209 of the Passenger Rail Investment and Improvement Act of 2008
    (Public Law 110-432):  Provided further, That <>
    a State-supported route's share of such funding under the preceding
    proviso shall consist of (1) 7 percent of the costs allocated to the
    route in fiscal year 2019 under the cost methodology policy adopted
    pursuant to section 209 of the Passenger Rail Investment and Improvement
    Act of 2008 (Public Law 110-432), and (2) any remaining amounts under
    the preceding proviso shall be apportioned to a route in proportion to
    its passenger revenue and other revenue allocated to a State-supported
    route in fiscal year 2019 divided by the total passenger revenue and
    other revenue allocated to all State-supported routes in fiscal year
    2019:  Provided further, That State-supported routes which terminated
    service on or before February 1, 2020, shall not be included in the cost
    and revenue calculations made pursuant to the preceding proviso:
    Provided further, That amounts made available under this heading in this
    Act may be transferred to and merged with amounts made available under
    the heading ``Northeast Corridor Grants to the National Railroad
    Passenger Corporation'' in this Act to prevent, prepare for, and respond
    to coronavirus:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

    Federal Transit Administration

    transit infrastructure grants

    For an additional amount for ``Transit Infrastructure Grants'',
    $14,000,000,000, to remain available until expended, to prevent, prepare
    for, and respond to coronavirus:  Provided, That of the amounts
    appropriated under this heading in this Act--
    (1) <>  $13,271,310,572 shall be for
    grants to recipients eligible under chapter 53 of title 49,
    United States Code, and administered as if such funds were
    provided under section 5307 of title 49, United States Code
    (apportioned in accordance with section 5336 of such title
    (other than subsections (h)(1) and (h)(4))), and section 5337 of
    title 49, United States Code (apportioned in accordance with
    such section), except that funds apportioned under section 5337
    shall be added to funds apportioned under 5307 for
    administration under 5307:  Provided, That
    the <>  Secretary of Transportation
    (referred to under this heading in this Act as the
    ``Secretary'') shall allocate the amounts provided in the
    preceding proviso under sections 5307 and 5337 of title 49,
    United States Code, in the same ratio as funds were provided
    under the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94; 133 Stat. 2534) and shall allocate such amounts not
    later than 30 days after the date of enactment of this Act:
    Provided further, That the amounts allocated to any urbanized
    area from amounts made available under this paragraph in this
    Act when combined with the amounts allocated to that urbanized
    area from funds appropriated under this heading in title XII of
    division B of

    [[Page 1946]]

    the CARES Act (Public Law 116-136; 134 Stat. 599)) may not
    exceed 75 percent of that urbanized area's 2018 operating costs
    based on data contained in the National Transit Database:
    Provided further, That <>  for any
    urbanized area for which the calculation in the preceding
    proviso exceeds 75 percent of the urbanized area's 2018
    operating costs, the Secretary shall distribute funds in excess
    of such percent to urbanized areas for which the calculation in
    the preceding proviso does not exceed 75 percent, in the same
    proportion as amounts allocated under the first proviso of this
    paragraph in this Act:  Provided further, That no recipient in
    an urbanized area may receive more than $4,000,000,000 from the
    amounts allocated under this paragraph in this Act in
    combination with the amounts provided under this heading in
    title XII of division B of the CARES Act (Public Law 116-136;
    134 Stat. 599) until 75 percent of the funds provided to the
    recipient under this heading in such title XII are obligated and
    only after the recipient certifies to the Secretary that the use
    of such funds in excess of such amount is necessary to prevent
    layoffs or furloughs directly related to demonstrated revenue
    losses directly attributable to COVID-19;
    (2) <>  $50,034,973 shall be for
    grants to recipients or subrecipients eligible under section
    5310 of title 49, United States Code, and the Secretary shall
    apportion such funds in accordance with such section:  Provided,
    That <>  the Secretary shall
    allocate such funds in the same ratio as funds were provided
    under the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94; 133 Stat. 2534) and shall allocate such funds not
    later than 30 days after the date of enactment of this Act; and
    (3) $678,654,455 shall be for grants to recipients or
    subrecipients eligible under section 5311 of title 49, United
    States Code (other than subsections (b)(3), (c)(1)(A), and (f)),
    and the Secretary shall apportion such funds in accordance with
    such section:  Provided, <> That
    the Secretary shall allocate such funds in the same ratio as
    funds were provided under the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2534) and
    shall allocate funds within 30 days of enactment of this Act:
    Provided further, That the amounts allocated to any State (as
    defined in section 5302 of title 49, United States Code) for
    rural operating costs from amounts made available under this
    heading in this Act when combined with the amounts allocated to
    each such State for rural operating costs from funds
    appropriated under this heading in title XII of division B of
    the CARES Act (Public Law 116-136; 134 Stat. 599) may not exceed
    125 percent of that State's combined 2018 rural operating costs
    of the recipients and subrecipients in the State based on data
    contained in the National Transit Database:  Provided
    further, <> That for any State for which
    the calculation in the preceding proviso exceeds 125 percent of
    the State's combined 2018 rural operating costs of the
    recipients and subrecipients in the State, the Secretary shall
    distribute funds in excess of such percent to States for which
    the calculation in the preceding proviso does not exceed 125
    percent in the same proportion as amounts allocated under the
    first proviso of this paragraph in this Act:

    [[Page 1947]]

    Provided further, That the Secretary shall not waive the requirements
    of section 5333 of title 49, United States Code, for funds appropriated
    under this heading in this Act or for funds previously made available
    under section 5307 of title 49, United States Code, or section 5311,
    5337, or 5340 of such title as a result of COVID-19:  Provided further,
    That the provision of funds under this heading in this Act shall not
    affect the ability of any other agency of the Government, including the
    Federal Emergency Management Agency, a State agency, or a local
    governmental entity, organization, or person, to provide any other funds
    otherwise authorized by law:  Provided further, <> That notwithstanding subsection (a)(1) or (b) of
    section 5307 of title 49, United States Code, section 5310(b)(2)(A) of
    that title, or any provision of chapter 53 of that title, funds provided
    under this heading in this Act are available for the operating expenses
    of transit agencies related to the response to a COVID-19 public health
    emergency, including, beginning on January 20, 2020, reimbursement for
    operating costs to maintain service and lost revenue due to the COVID-19
    public health emergency, including the purchase of personal protective
    equipment, and paying the administrative leave of operations or
    contractor personnel due to reductions in service:  Provided
    further, <>  That to the maximum extent possible,
    funds made available under this heading in this Act and in title XII of
    division B of the CARES Act (Public Law 116-136; 134 Stat. 599) shall be
    directed to payroll and operations of public transit (including payroll
    and expenses of private providers of public transportation), unless the
    recipient certifies to the Secretary that the recipient has not
    furloughed any employees:  Provided further, That such operating
    expenses are not required to be included in a transportation improvement
    program, long-range transportation plan, statewide transportation plan,
    or a statewide transportation improvement program:  Provided
    further, <> That private providers of public
    transportation shall be considered eligible subrecipients of funding
    provided under this heading in this Act and in title XII of division B
    of the CARES Act (Public Law 116-136; 134 Stat. 599):  Provided
    further, <> That unless otherwise specified,
    applicable requirements under chapter 53 of title 49, United States
    Code, shall apply to funding made available under this heading in this
    Act, except that the Federal share of the costs for which any grant is
    made under this heading in this Act shall be, at the option of the
    recipient, up to 100 percent:  Provided further, That the amount made
    available under this heading in this Act shall be derived from the
    general fund of the Treasury and shall not be subject to any limitation
    on obligations for transit programs set forth in any Act:  Provided
    further, That the Federal share of costs for any unobligated grant funds
    under section 5310 of title 49, United States Code, as of the date of
    enactment of this Act shall be, at the option of the recipient, up to
    100 percent:  Provided further, That of the amounts made available under
    this heading in this Act, up to $10,000,000 may be retained by the
    Administrator of the Federal Transit Administration to fund ongoing
    program management and oversight activities described in sections 5334
    and 5338(f)(2) of title 49, United States Code, and shall be in addition
    to any other appropriations for such purpose:  Provided further, That
    the amounts repurposed under this heading in this Act that were
    previously designated by the Congress as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985 are

    [[Page 1948]]

    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

    GENERAL PROVISION--THIS TITLE

    Sec. 401.  Amounts made available in this Act under the headings
    ``Northeast Corridor Grants to the National Railroad Passenger
    Corporation'' and ``National Network Grants to the National Railroad
    Passenger Corporation'' shall be used under the same conditions as
    section 22002 of title XII of division B of the Coronavirus Aid, Relief,
    and Economic Security Act (Public Law 116-136), except as otherwise
    noted in this Act:  Provided, That the amounts made available in this
    Act under such headings shall be used by the National Railroad Passenger
    Corporation, to: (1) prevent further employee furloughs that are a
    result of efforts to prevent, prepare for, and respond to coronavirus;
    and (2) prevent further reductions to the frequency of rail service on
    any long-distance route (as defined in section 24102 of title 49, United
    States Code) except in an emergency or during maintenance or
    construction outages impacting such routes:  Provided further, That the
    coronavirus shall not qualify as an emergency in the preceding proviso:
    Provided <>  further, That in the event of any
    National Railroad Passenger Corporation employee furloughs as a result
    of efforts to prevent, prepare for, and respond to coronavirus, the
    National Railroad Passenger Corporation shall provide such employees the
    opportunity to be recalled to work in accordance with their seniority
    and classification of work, regardless of their time in the National
    Railroad Passenger Corporation's service, as intercity passenger rail
    service is restored:  Provided further, That the National Railroad
    Passenger Corporation shall be prohibited from contracting out any
    scope-covered work conducted by an employee who was furloughed through
    reductions in the workforce as a result of efforts to prevent, prepare
    for, and respond to coronavirus, unless such contracting was in place
    prior to March 1, 2020 or is done by agreement with the Labor
    Organization representing such employee.

    TITLE V

    GENERAL PROVISIONS--THIS ACT

    Sec. 501.  Each amount appropriated or made available by this Act is
    in addition to amounts otherwise appropriated for the fiscal year
    involved.
    Sec. 502.  No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
    Sec. 503.  Unless otherwise provided for by this Act, the additional
    amounts appropriated by this Act to appropriations accounts shall be
    available under the authorities and conditions applicable to such
    appropriations accounts for fiscal year 2021.
    Sec. 504. <> Any amount appropriated by this Act,
    designated by the Congress as an emergency requirement pursuant to
    section

    [[Page 1949]]

    251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act
    of 1985 and subsequently so designated by the President, and transferred
    pursuant to transfer authorities provided by this Act shall retain such
    designation.

    Sec. 505.  Solely for the purpose of calculating a breach within a
    category for fiscal year 2021 pursuant to section 251(a) or section 254
    of the Balanced Budget and Emergency Deficit Control Act of 1985, and
    notwithstanding any other provision of this division, the budgetary
    effects from this division shall be counted as amounts designated as
    being for an emergency requirement pursuant to section 251(b)(2)(A) of
    such Act.
    This division may be cited as the ``Coronavirus Response and Relief
    Supplemental Appropriations Act, 2021''.

    DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

    TITLE I--HEALTHCARE

    SEC. 101. <>  SUPPORTING PHYSICIANS AND
    OTHER PROFESSIONALS IN ADJUSTING TO
    MEDICARE PAYMENT CHANGES DURING 2021.

    (a) In General.--Section 1848 of the Social Security Act (42 U.S.C.
    1395w-4) is amended by adding at the end the following new subsection:
    ``(t) Supporting Physicians and Other Professionals in Adjusting to
    Medicare Payment Changes During 2021.--
    ``(1) <>  In general.--In order to
    support physicians and other professionals in adjusting to
    changes in payment for physicians' services during 2021, the
    Secretary shall increase fee schedules under subsection (b) that
    establish payment amounts for such services furnished on or
    after January 1, 2021, and before January 1, 2022, by 3.75
    percent.
    ``(2) Implementation.--
    ``(A) Administration.--Notwithstanding any other
    provision of law, the Secretary may implement this
    subsection by program instruction or otherwise.
    ``(B) Limitation.--There shall be no administrative
    or judicial review under section 1869, 1878 or otherwise
    of the fee schedules that establish payment amounts
    calculated pursuant to this subsection.
    ``(C) <>  Application only for
    2021.--The increase in fee schedules that establish
    payment amounts under this subsection shall not be taken
    into account in determining such fee schedules that
    establish payment amounts for services furnished in
    years after 2021.
    ``(3) Funding.--For purposes of increasing the fee schedules
    that establish payment amounts pursuant to this subsection--
    ``(A) <>  there shall be
    transferred from the General Fund of the Treasury to the
    Federal Supplementary Medical Insurance Trust Fund under
    section 1841, $3,000,000,000, to remain available until
    expended; and
    ``(B) <>  in the event the
    Secretary determines additional amounts are necessary,
    such amounts shall be available

    [[Page 1950]]

    from the Federal Supplementary Medical Insurance Trust
    Fund.''.

    (b) Exemption of Additional Expenditures From Physician Fee Schedule
    Budget-neutrality.--Such section 1848 is amended, in subsection
    (c)(2)(B)(iv)--
    (1) in subclause (III), by striking ``and'' at the end;
    (2) in subclause (IV), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following new subclause:
    ``(V) subsection (t) shall not be
    taken into account in applying clause
    (ii)(II) for 2021.''.

    (c) Report.--Not later than April 1, 2022, the Secretary of Health
    and Human Services shall submit a report to the Committee on Finance of
    the Senate and the Committee on Ways and Means and the Committee on
    Energy and Commerce of the House of Representatives on the increase in
    fee schedules that establish payment amounts for physicians' services
    under section 1848(t) of the Social Security Act, as added by subsection
    (a). Such report shall include the aggregate amount of the increase in
    payment amounts under such section, including information regarding any
    payments made in excess of the amount of funding provided under
    paragraph (3)(A) of such section.
    SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE
    SEQUESTRATION.

    (a) In General.--Section 3709(a) of division A of the CARES Act (2
    U.S.C. 901a note) is <>  amended by striking
    ``December 31, 2020'' and inserting ``March 31, 2021''.

    (b) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect as if enacted as part of the CARES
    Act (Public Law 116-136).

    TITLE II--ASSISTANCE TO INDIVIDUALS, FAMILIES, AND BUSINESSES

    Subtitle A--Unemployment Insurance

    CHAPTER 1 <> --CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS
    SEC. 200. <>  SHORT TITLE.

    This chapter may be cited as the ``Continued Assistance for
    Unemployed Workers Act of 2020''.

    Subchapter I--Extension of CARES Act Unemployment Provisions

    SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
    UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
    9021(c)) <>  is amended--
    (1) in paragraph (1)--
    (A) by striking ``paragraph (2)'' and inserting
    ``paragraphs (2) and (3)''; and
    (B) in subparagraph (A)(ii), by striking ``December
    31, 2020'' and inserting ``March 14, 2021''; and

    [[Page 1951]]

    (2) by redesignating paragraph (3) as paragraph (4); and
    (3) by inserting after paragraph (2) the following:
    ``(3) Transition rule for individuals remaining entitled to
    pandemic unemployment assistance as of march 14, 2021.--
    ``(A) In general.--Subject to subparagraph (B), in
    the case of any individual who, as of the date specified
    in paragraph (1)(A)(ii), is receiving pandemic
    unemployment assistance but has not yet exhausted all
    rights to such assistance under this section, pandemic
    unemployment assistance shall continue to be payable to
    such individual for any week beginning on or after such
    date for which the individual is otherwise eligible for
    pandemic unemployment assistance.
    ``(B) Termination.--Notwithstanding any other
    provision of this subsection, no pandemic unemployment
    assistance shall be payable for any week beginning after
    April 5, 2021.''.

    (b) Increase in Number of Weeks.--Section 2102(c)(2) of the CARES
    Act (15 U.S.C. 9021(c)(2)) is amended--
    (1) by striking ``39 weeks'' and inserting ``50 weeks''; and
    (2) by striking ``39-week period'' and inserting ``50-week
    period''.

    (c) Appeals.--
    (1) In general.--Section 2102(c) of the CARES Act (15 U.S.C.
    9021(c)), as amended by subsections (a) and (b), is amended by
    adding at the end the following:
    ``(5) Appeals by an individual.--
    ``(A) In general.--An individual may appeal any
    determination or redetermination regarding the rights to
    pandemic unemployment assistance under this section made
    by the State agency of any of the States.
    ``(B) Procedure.--All levels of appeal filed under
    this paragraph in the 50 states, the District of
    Columbia, the Commonwealth of Puerto Rico, and the
    Virgin Islands--
    ``(i) shall be carried out by the applicable
    State that made the determination or
    redetermination; and
    ``(ii) shall be conducted in the same manner
    and to the same extent as the applicable State
    would conduct appeals of determinations or
    redeterminations regarding rights to regular
    compensation under State law.
    ``(C) Procedure for certain territories.--With
    respect to any appeal filed in Guam, American Samoa, the
    Commonwealth of the Northern Mariana Islands, the
    Federated States of Micronesia, Republic of the Marshall
    Islands, and the Republic of Palau--
    ``(i) lower level appeals shall be carried out
    by the applicable entity within the State;
    ``(ii) if a higher level appeal is allowed by
    the State, the higher level appeal shall be
    carried out by the applicability entity within the
    State; and
    ``(iii) appeals described in clauses (i) and
    (ii) shall be conducted in the same manner and to
    the same extent as appeals of regular unemployment
    compensation are conducted under the unemployment
    compensation law of Hawaii.''.

    [[Page 1952]]

    (2) <>  Effective date.--The
    amendment made by paragraph (1) shall take effect as if enacted
    as part of division A of the CARES Act (Public Law 116-136),
    except that any decision issued on appeal or review before the
    date of enactment of this Act shall not be affected by the
    amendment made by paragraph (1).

    (d) Waiver Authority for Certain Overpayments of Pandemic
    Unemployment Assistance.--Section 2102(d) of the CARES Act (15 U.S.C.
    9021(d)) is amended by adding at the end the following:
    ``(4) <>  Waiver
    authority.--In the case of individuals who have received amounts
    of pandemic unemployment assistance to which they were not
    entitled, the State shall require such individuals to repay the
    amounts of such pandemic unemployment assistance to the State
    agency, except that the State agency may waive such repayment if
    it determines that--
    ``(A) the payment of such pandemic unemployment
    assistance was without fault on the part of any such
    individual; and
    ``(B) such repayment would be contrary to equity and
    good conscience.''.

    (e) <>  Hold Harmless for
    Proper Administration.--In the case of an individual who is eligible to
    receive pandemic unemployment assistance under section 2102 the CARES
    Act (15 U.S.C. 9021) as of the day before the date of enactment of this
    Act and on the date of enactment of this Act becomes eligible for
    pandemic emergency unemployment compensation under section 2107 of the
    CARES Act (15 U.S.C. 9025) by reason of the amendments made by section
    206(b) of this subtitle, any payment of pandemic unemployment assistance
    under such section 2102 made after the date of enactment of this Act to
    such individual during an appropriate period of time, as determined by
    the Secretary of Labor, that should have been made under such section
    2107 shall not be considered to be an overpayment of assistance under
    such section 2102, except that an individual may not receive payment for
    assistance under section 2102 and a payment for assistance under section
    2107 for the same week of unemployment.

    (f) <>  Limitation.--In the
    case of a covered individual whose first application for pandemic
    unemployment assistance under section 2102 of the CARES Act (15 U.S.C.
    9021) is filed after the date of enactment of this Act, subsection
    (c)(1)(A)(i) of such section 2102 shall be applied by substituting
    ``December 1, 2020'' for ``January 27, 2020''.

    (g) <>  Effective Date.--The
    amendments made by subsections (a), (b), (c), and (d) shall apply as if
    included in the enactment of the CARES Act (Public Law 116-136), except
    that no amount shall be payable by virtue of such amendments with
    respect to any week of unemployment commencing before the date of the
    enactment of this Act.
    SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR
    GOVERNMENTAL ENTITIES AND NONPROFIT
    ORGANIZATIONS.

    Section 903(i)(1)(D) of the Social Security Act (42 U.S.C.
    1103(i)(1)(D)) is amended by striking ``December 31, 2020'' and
    inserting ``March 14, 2021''.

    [[Page 1953]]

    SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 2104(e) of the CARES Act (15 U.S.C.
    9023(e)) is amended to read as follows:
    ``(e) <>  Applicability.--An agreement entered
    into under this section shall apply--
    ``(1) to weeks of unemployment beginning after the date on
    which such agreement is entered into and ending on or before
    July 31, 2020; and
    ``(2) to weeks of unemployment beginning after December 26,
    2020 (or, if later, the date on which such agreement is entered
    into), and ending on or before March 14, 2021.''.

    (b) Amount.--
    (1) In general.--Section 2104(b) of the CARES Act (15 U.S.C.
    9023(b)) is amended--
    (A) in paragraph (1)(B), by striking ``of $600'' and
    inserting ``equal to the amount specified in paragraph
    (3)''; and
    (B) by adding at the end the following new
    paragraph:
    ``(3) Amount of federal pandemic unemployment
    compensation.--
    ``(A) <>  In general.--The
    amount specified in this paragraph is the following
    amount:
    ``(i) For weeks of unemployment beginning
    after the date on which an agreement is entered
    into under this section and ending on or before
    July 31, 2020, $600.
    ``(ii) For weeks of unemployment beginning
    after December 26, 2020 (or, if later, the date on
    which such agreement is entered into), and ending
    on or before March 14, 2021, $300.''.
    (2) Technical amendment regarding application to short-time
    compensation programs and agreements.--Section 2104(i)(2) of the
    CARES Act (15 U.S.C. 9023(i)(2)) is amended--
    (A) in subparagraph (C), by striking ``and'' at the
    end;
    (B) in subparagraph (D), by striking the period at
    the end and inserting ``; and''; and
    (C) by adding at the end the following:
    ``(E) short-time compensation under a short-time
    compensation program (as defined in section 3306(v) of
    the Internal Revenue Code of 1986).''.
    SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST WEEK OF
    COMPENSABLE REGULAR UNEMPLOYMENT FOR
    STATES WITH NO WAITING WEEK.

    Section 2105 of the CARES Act (15 U.S.C. 9024) is amended--
    (1) in subsection (c)--
    (A) in paragraph (1), by striking ``There shall be
    paid'' and inserting ``Except as provided in paragraph
    (3), there shall be paid''; and
    (B) by adding at the end the following:
    ``(3) <>  Partial reimbursement.--With
    respect to compensation paid to individuals for weeks of
    unemployment ending after December 31, 2020, paragraph (1) shall
    be applied by substituting `50 percent' for `100 percent'.'';
    and

    [[Page 1954]]

    (2) in subsection (e)(2), by striking ``December 31, 2020''
    and inserting ``March 14, 2021''.
    SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.

    Section 4102(b) of the Families First Coronavirus Response Act (26
    U.S.C. 3304 note), in the second sentence, is amended by striking
    ``December 31, 2020'' and inserting ``March 14, 2021''.
    SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC
    EMERGENCY UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 2107(g) of the CARES Act (15 U.S.C.
    9025(g)) is amended to read as follows:
    ``(g) Applicability.--
    ``(1) <>  In general.--Except as
    provided in paragraphs (2) and (3), an agreement entered into
    under this section shall apply to weeks of unemployment--
    ``(A) beginning after the date on which such
    agreement is entered into; and
    ``(B) ending on or before March 14, 2021.
    ``(2) Transition rule for individuals remaining entitled to
    pandemic emergency unemployment compensation as of march 14,
    2021.--In the case of any individual who, as of the date
    specified in paragraph (1)(B), is receiving Pandemic Emergency
    Unemployment Compensation but has not yet exhausted all rights
    to such assistance under this section, Pandemic Emergency
    Unemployment Compensation shall continue to be payable to such
    individual for any week beginning on or after such date for
    which the individual is otherwise eligible for Pandemic
    Emergency Unemployment Compensation.
    ``(3) Termination.--Notwithstanding any other provision of
    this subsection, no Pandemic Emergency Unemployment Compensation
    shall be payable for any week beginning after April 5, 2021.''.

    (b) Increase in Number of Weeks.--Section 2107(b)(2) of the CARES
    Act (15 U.S.C. 9025(b)(2)) is amended by striking ``13'' and inserting
    ``24''.
    (c) Coordination Rules.--
    (1) Coordination of pandemic emergency unemployment
    compensation with regular compensation.--Section 2107(b) of the
    CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end
    the following:
    ``(4) Coordination of pandemic emergency unemployment
    compensation with regular compensation.--
    ``(A) <>  In general.--If--
    ``(i) an individual has been determined to be
    entitled to pandemic emergency unemployment
    compensation with respect to a benefit year;
    ``(ii) that benefit year has expired;
    ``(iii) that individual has remaining
    entitlement to pandemic emergency unemployment
    compensation with respect to that benefit year;
    and
    ``(iv) that individual would qualify for a new
    benefit year in which the weekly benefit amount of
    regular compensation is at least $25 less than the
    individual's weekly benefit amount in the benefit
    year referred to in clause (i),
    then the State shall determine eligibility for
    compensation as provided in subparagraph (B).

    [[Page 1955]]

    ``(B) Determination of eligibility.--For individuals
    described in subparagraph (A), the State shall determine
    whether the individual is to be paid pandemic emergency
    unemployment compensation or regular compensation for a
    week of unemployment using one of the following methods:
    ``(i) The State shall, if permitted by State
    law, establish a new benefit year, but defer the
    payment of regular compensation with respect to
    that new benefit year until exhaustion of all
    pandemic emergency unemployment compensation
    payable with respect to the benefit year referred
    to in subparagraph (A)(i).
    ``(ii) The State shall, if permitted by State
    law, defer the establishment of a new benefit year
    (which uses all the wages and employment which
    would have been used to establish a benefit year
    but for the application of this subparagraph),
    until exhaustion of all pandemic emergency
    unemployment compensation payable with respect to
    the benefit year referred to in subparagraph
    (A)(i).
    ``(iii) The State shall pay, if permitted by
    State law--
    ``(I) regular compensation equal to
    the weekly benefit amount established
    under the new benefit year; and
    ``(II) pandemic emergency
    unemployment compensation equal to the
    difference between that weekly benefit
    amount and the weekly benefit amount for
    the expired benefit year.
    ``(iv) The State shall determine rights to
    pandemic emergency unemployment compensation
    without regard to any rights to regular
    compensation if the individual elects to not file
    a claim for regular compensation under the new
    benefit year.''.
    (2) Coordination of pandemic emergency unemployment
    compensation with extended compensation.--
    (A) Individuals receiving extended compensation as
    of the date of enactment.--Section 2107(a)(5) of the
    CARES Act (15 U.S.C. 9025(a)(5)) is amended--
    (i) by striking ``Rule.--An agreement'' and
    inserting the following: ``Rules.--
    ``(A) In general.--Subject to subparagraph (B), an
    agreement''; and
    (ii) by adding at the end the following:
    ``(B) Special rule.--In the case of an individual
    who is receiving extended compensation under the State
    law for the week that includes the date of enactment of
    this subparagraph (without regard to the amendments made
    by subsections (a) and (b) of section 206 of the
    Continued Assistance for Unemployed Workers Act of
    2020), such individual shall not be eligible to receive
    pandemic emergency unemployment compensation by reason
    of such amendments until such individual has exhausted
    all rights to such extended benefits.''.
    (B) Eligibility for extended compensation.--Section
    2107(a) of the CARES Act (15 U.S.C. 9025(a)) is amended
    by adding at the end the following:

    [[Page 1956]]

    ``(8) <>  Special rule for extended
    compensation.--At the option of a State, for any weeks of
    unemployment beginning after the date of the enactment of this
    paragraph and before April 12, 2021, an individual's eligibility
    period (as described in section 203(c) of the Federal-State
    Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304
    note)) shall, for purposes of any determination of eligibility
    for extended compensation under the State law of such State, be
    considered to include any week which begins--
    ``(A) after the date as of which such individual
    exhausts all rights to pandemic emergency unemployment
    compensation; and
    ``(B) during an extended benefit period that began
    on or before the date described in subparagraph (A).''.

    (d) <>  Effective Date.--
    (1) In general.--Except as provided in paragraph (2), the
    amendments made by this section shall apply as if included in
    the enactment of the CARES Act (Public Law 116-136), except that
    no amount shall be payable by virtue of such amendments with
    respect to any week of unemployment commencing before the date
    of the enactment of this Act.
    (2) Coordination rules.--The amendments made by subsection
    (c)(1) shall apply to individuals whose benefit years, as
    described in section 2107(b)(4)(A)(ii) of the CARES Act, expire
    after the date of enactment of this Act.
    SEC. 207. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
    COMPENSATION PAYMENTS IN STATES WITH
    PROGRAMS IN LAW.

    Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) is
    amended by striking ``December 31, 2020'' and inserting ``March 14,
    2021''.
    SEC. 208. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME
    COMPENSATION AGREEMENTS FOR STATES
    WITHOUT PROGRAMS IN LAW.

    Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) is
    amended by striking ``December 31, 2020'' and inserting ``March 14,
    2021''.
    SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO REGULATION IN CARES
    ACT.

    (a) In General.--Section 2102(h) of the CARES Act (Public Law 116-
    136) <> is amended by striking ``section 625'' in
    each place it appears and inserting ``part 625''.

    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in section 2102 of the
    CARES Act (Public Law 116-136).

    Subchapter II--Extension of FFCRA Unemployment Provisions

    SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH
    ADVANCES.

    Section 1202(b)(10)(A) of the Social Security Act (42 U.S.C.
    1322(b)(10)(A)) is amended by striking ``December 31, 2020'' and
    inserting ``March 14, 2021''.

    [[Page 1957]]

    SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED
    UNEMPLOYMENT COMPENSATION.

    Section 4105 of the Families First Coronavirus Response Act (26
    U.S.C. 3304 note) is amended--
    (1) in subsection (a), by striking ``December 31, 2020'' and
    inserting ``March 14, 2021''; and
    (2) in subsection (b), by striking ``ending on or before
    December 31, 2020'' and inserting ``before March 14, 2021''.

    Subchapter III-- <> Continued Assistance to Rail Workers
    SEC. 231. <>  SHORT TITLE.

    This subchapter may be cited as the ``Continued Assistance to Rail
    Workers Act of 2020''.
    SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD
    UNEMPLOYMENT INSURANCE ACT.

    (a) <>  In General.--Section 2(a)(5)(A) of the
    Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is
    amended--
    (1) in the first sentence--
    (A) by inserting ``and for registration periods
    beginning after December 26, 2020, but on or before
    March 14, 2021,'' after ``July 31, 2020,'';
    (B) by striking ``in the amount of $1,200''; and
    (C) by striking ``July 1, 2019'' and inserting
    ``July 1, 2019, or July 1, 2020''; and
    (2) by adding at the end the following: ``For registration
    periods beginning on or after April 1, 2020, but on or before
    July 31, 2020, the recovery benefit payable under this
    subparagraph shall be in the amount of $1,200. For registration
    periods beginning after December 26, 2020, but on or before
    March 14, 2021, the recovery benefit payable under this
    subparagraph shall be in the amount of $600.''.

    (b) <>  Clarification on Authority to Use
    Funds.--Funds appropriated under subparagraph (B) of section 2(a)(5) of
    the Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) shall be
    available to cover the cost of recovery benefits provided under such
    section 2(a)(5) by reason of the amendments made by subsection (a) as
    well as to cover the cost of such benefits provided under such section
    2(a)(5) as in effect on the day before the date of enactment of this
    Act.
    SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
    UNEMPLOYMENT INSURANCE ACT.

    (a) In General.--Section 2(c)(2)(D) of the Railroad Unemployment
    Insurance Act (45 U.S.C. 352(c)(2)(D)) is amended--
    (1) in clause (i)--
    (A) in subclause (I), by striking ``130 days'' and
    inserting ``185 days'';
    (B) in subclause (II), by striking ``13 consecutive
    14-day periods'' and inserting ``19 consecutive 14-day
    periods, except that no extended benefit period shall
    end before 6 consecutive 14-day periods after the date
    of enactment of the Continued Assistance for Unemployed
    Workers Act of 2020 have elapsed'';

    [[Page 1958]]

    (2) in clause (ii), by striking ``if such clause had not
    been enacted.'' and inserting ``if such clause had not been
    enacted and if--
    ``(A) subparagraph (A) were applied
    by substituting `120 days of
    unemployment' for `65 days of
    unemployment'; and
    ``(B) subparagraph (B) were applied
    by inserting `(or, in the case of
    unemployment benefits, 12 consecutive
    14-day periods, except that no extended
    benefit period shall end before 6
    consecutive 14-day periods after the
    date of enactment of the Continued
    Assistance for Unemployed Workers Act of
    2020 have elapsed)' after `7 consecutive
    14-day periods'.''; and
    (3) in clause (iii)--
    (A) by striking ``June 30, 2020'' and inserting
    ``June 30, 2021'';
    (B) by striking ``no extended benefit period under
    this paragraph shall begin after December 31, 2020'' and
    inserting ``the provisions of clauses (i) and (ii) shall
    not apply to any employee whose extended benefit period
    under subparagraph (B) begins after March 14, 2021, and
    shall not apply to any employee with respect to any
    registration period beginning after April 5, 2021.'';
    and
    (C) by striking ``clause (iv)'' and inserting
    ``clause (v)'';
    (4) by redesignating clause (iv) as clause (v); and
    (5) by inserting after clause (iii) the following:
    ``(iv) Treatment of certain calendar days.--No
    calendar day occurring during the period beginning
    on the first date with respect to which the
    employee has exhausted all rights to extended
    unemployment benefits under this paragraph as in
    effect on the day before the date of enactment of
    the Continued Assistance for Unemployed Workers
    Act of 2020 and ending with the date of such
    enactment may be treated as a day of unemployment
    for purposes of the payment of extended
    unemployment benefits under this paragraph.''.

    (b) <>  Application.--The amendments made by
    subsection (a) shall apply as if included in the enactment of the CARES
    Act (15 U.S.C. 9001 et seq.).

    (c) <>  Clarification on Authority to Use
    Fund.--Funds appropriated under either the first or second sentence of
    clause (v) of section 2(c)(2)(D) of the Railroad Unemployment Insurance
    Act (as redesignated by subsection (a)(4)) shall be available to cover
    the cost of additional extended unemployment benefits provided under
    such section 2(c)(2)(D) by reason of the amendments made by subsection
    (a) as well as to cover the cost of such benefits provided under such
    section 2(c)(2)(D) as in effect on the day before the date of enactment
    of this Act.
    SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR
    BENEFITS UNDER THE RAILROAD UNEMPLOYMENT

    INSURANCE ACT.

    (a) In General.--Section 2112(a) of the CARES Act (15 U.S.C.
    9030(a)) is amended by striking ``December 31, 2020'' and inserting
    ``March 14, 2021''.

    [[Page 1959]]

    (b) <>  Operating Instructions and
    Regulations.--The Railroad Retirement Board may prescribe any operating
    instructions or regulations necessary to carry out this section.

    (c) <>  Clarification on Authority To Use
    Funds.--Funds appropriated under section 2112(c) of the CARES Act (15
    U.S.C. 9030(c)) shall be available to cover the cost of additional
    benefits payable due to section 2112(a) of such Act by reason of the
    amendments made by subsection (a) as well as to cover the cost of such
    benefits payable due to such section 2112(a) as in effect on the day
    before the date of enactment of this Act.
    SEC. 235. TREATMENT OF PAYMENTS FROM THE RAILROAD UNEMPLOYMENT
    INSURANCE ACCOUNT.

    (a) In General.--Section 256(i)(1) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 (2 U.S.C. 906(i)(1)) is amended--
    (1) in subparagraph (B), by striking ``and'' at the end;
    (2) in subparagraph (C), by inserting ``and'' at the end;
    and
    (3) by inserting after subparagraph (C) the following new
    subparagraph:
    ``(D) any payment made from the Railroad Unemployment
    Insurance Account (established by section 10 of the Railroad
    Unemployment Insurance Act) for the purpose of carrying out the
    Railroad Unemployment Insurance Act, and funds appropriated or
    transferred to or otherwise deposited in such Account,''.

    (b) <>  Effective Date.--The treatment of
    payments made from the Railroad Unemployment Insurance Account pursuant
    to the amendment made by subsection (a)--
    (1) shall take effect 7 days after the date of the enactment
    of this Act; and
    (2) <>  shall apply only
    to obligations incurred during the period beginning on the
    effective date described in paragraph (1) and ending on the date
    that is 30 days after the date on which the national emergency
    concerning the novel coronavirus disease (COVID-19) outbreak
    declared by the President on March 13, 2020, under the National
    Emergencies Act (50 U.S.C. 1601 et seq.) terminates.

    (c) <>  Sunset.--The amendments
    made by subsection (a) shall be repealed on the date that is 30 days
    after the date on which the national emergency concerning the novel
    coronavirus disease (COVID-19) outbreak declared by the President on
    March 13, 2020, under the National Emergencies Act (50 U.S.C. 1601 et
    seq.) terminates.

    Subchapter IV--Improvements to Pandemic Unemployment Assistance to
    Strengthen Program Integrity

    SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT OR SELF-
    EMPLOYMENT AND WAGES EARNED OR PAID TO
    CON-
    FIRM ELIGIBILITY FOR PANDEMIC
    UNEMPLOYMENT
    ASSISTANCE.

    (a) In General.--Section 2102(a)(3)(A) of the CARES Act (15 U.S.C.
    9021(a)(3)(A)) is amended--
    (1) in clause (i), by striking ``and'' at the end;
    (2) by inserting after clause (ii) the following:

    [[Page 1960]]

    ``(iii) <>  provides
    documentation to substantiate employment or self-
    employment or the planned commencement of
    employment or self-employment not later than 21
    days after the later of the date on which the
    individual submits an application for pandemic
    unemployment assistance under this section or the
    date on which an individual is directed by the
    State Agency to submit such documentation in
    accordance with section 625.6(e) of title 20, Code
    of Federal Regulations, or any successor thereto,
    except that such deadline may be extended if the
    individual has shown good cause under applicable
    State law for failing to submit such
    documentation; and''.

    (b) <>  Applicability.--
    (1) <>  In general.--Subject to
    paragraphs (2) and (3), the amendments made by subsection (a)
    shall apply to any individual who files a new application for
    pandemic unemployment assistance or claims pandemic unemployment
    assistance for any week of unemployment under section 2102 of
    the CARES Act (15 U.S.C. 9021) on or after January 31, 2021.
    (2) Special rule.--An individual who received pandemic
    unemployment assistance under section 2102 of the CARES Act (15
    U.S.C. 9021) for any week ending before the date of enactment of
    this Act shall not be considered ineligible for such assistance
    for such week solely by reason of failure to submit
    documentation described in clause (iii) of subsection (a)(3)(A)
    of such section 2102, as added by subsection (a).
    (3) <>  Prior applicants.--With respect
    to an individual who applied for pandemic unemployment
    assistance under section 2102 of the CARES Act (15 U.S.C. 9021)
    before January 31, 2021, and receives such assistance on or
    after the date of enactment of this Act, clause (iii) of
    subsection (a)(3)(A) of such section shall be applied by
    substituting ``90 days'' for ``21 days''.
    SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY OF APPLICANTS
    FOR PANDEMIC UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102(f) of the CARES Act (15 U.S.C.
    9021(f)) is amended--
    (1) in paragraph (1), by inserting ``, including procedures
    for identity verification or validation and for timely payment,
    to the extent reasonable and practicable'' before the period at
    the end; and
    (2) in paragraph (2)(B), by inserting ``and expenses related
    to identity verification or validation and timely and accurate
    payment'' before the period at the end.

    (b) <>  Applicability.--The
    requirements imposed by the amendments made by this section shall apply,
    with respect to agreements made under section 2102 of the CARES Act,
    beginning on the date that is 30 days after the date of enactment of
    this Act.

    [[Page 1961]]

    Subchapter V--Return to Work Reporting Requirement

    SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT AGREEMENTS.

    (a) In General.--Subtitle A of title II of division A of the CARES
    Act (Public Law 116-136) is amended by adding at the end the following:
    ``SEC. 2117. <>  RETURN TO WORK REPORTING.

    ``Each State participating in an agreement under any of the
    preceding sections of this subtitle shall have in effect a method to
    address any circumstances in which, during any period during which such
    agreement is in effect, claimants of unemployment compensation refuse to
    return to work or to accept an offer of suitable work without good
    cause. Such method shall include the following:
    ``(1) <>  A reporting method for
    employers, such as through a phone line, email, or online
    portal, to notify the State agency when an individual refuses an
    offer of employment.
    ``(2) <>  A plain-language notice provided to
    such claimants about State return to work laws, rights to refuse
    to return to work or to refuse suitable work, including what
    constitutes suitable work, and a claimant's right to refuse work
    that poses a risk to the claimant's health or safety, and
    information on contesting the denial of a claim that has been
    denied due to a report by an employer that the claimant refused
    to return to work or refused suitable work.''.

    (b) <>  Effective Date.--The requirements
    imposed by this section shall take effect 30 days from the date of
    enactment of this Act.

    Subchapter VI--Other Related Provisions and Technical Corrections

    SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSATION.

    (a) In General.--Section 2104(b) of the CARES Act (15 U.S.C.
    9023(b)(1)), as amended by section 1103, is further amended--
    (1) in paragraph (1)--
    (A) in subparagraph (B), by striking the period at
    the end and inserting ``, plus''; and
    (B) by adding at the end the following:
    ``(C) an additional amount of $100 (in this section
    referred to as `Mixed Earner Unemployment Compensation')
    in any case in which the individual received at least
    $5,000 of self-employment income (as defined in section
    1402(b) of the Internal Revenue Code of 1986) in the
    most recent taxable year ending prior to the
    individual's application for regular compensation.'';
    and
    (2) by adding at the end the following:
    ``(4) Certain documentation required.--An agreement under
    this section shall include a requirement, similar to the
    requirement under section 2102(a)(3)(A)(iii), for the
    substantiation of self-employment income with respect to each
    applicant for Mixed Earner Unemployment Compensation under
    paragraph (1)(C).''.

    (b) Conforming Amendments.--
    (1) Federal pandemic unemployment compensation.--Section
    2104 of such Act is amended--

    [[Page 1962]]

    (A) by inserting ``or Mixed Earner Unemployment
    Compensation'' after ``Federal Pandemic Unemployment
    Compensation'' each place such term appears in
    subsection (b)(2), (c), or (f) of such section;
    (B) in subsection (d), by inserting ``and Mixed
    Earner Unemployment Compensation'' after ``Federal
    Pandemic Unemployment Compensation''; and
    (C) <>  in subsection (g), by
    striking ``provide that'' and all that follows through
    the end and inserting ``provide that--
    ``(1) the purposes of the preceding provisions of this
    section, as such provisions apply with respect to Federal
    Pandemic Unemployment Compensation, shall be applied with
    respect to unemployment benefits described in subsection (i)(2)
    to the same extent and in the same manner as if those benefits
    were regular compensation; and
    ``(2) the purposes of the preceding provisions of this
    section, as such provisions apply with respect to Mixed Earner
    Unemployment Compensation, shall be applied with respect to
    unemployment benefits described in subparagraph (A), (B), (D),
    or (E) of subsection (i)(2) to the same extent and in the same
    manner as if those benefits were regular compensation.''.
    (2) Pandemic emergency unemployment compensation.--Section
    2107(a)(4)(A) of such Act is amended--
    (A) in clause (i), by striking ``and'';
    (B) in clause (ii), by striking ``section 2104;''
    and inserting ``section 2104(b)(1)(B); and''; and
    (C) by adding at the end the following:
    ``(iii) the amount (if any) of Mixed Earner
    Unemployment Compensation under section
    2104(b)(1)(C);''.

    (c) <>
    State's Right of Non-participation.--Any State participating in an
    agreement under section 2104 of the CARES Act may elect to continue
    paying Federal Pandemic Unemployment Compensation under such agreement
    without providing Mixed Earner Unemployment Compensation pursuant to the
    amendments made by this section. Such amendments shall apply with
    respect to such a State only if the State so elects, in which case such
    amendments shall apply with respect to weeks of unemployment beginning
    on or after the later of the date of such election or the date of
    enactment of this section.
    SEC. 262. <>  LOST WAGES ASSISTANCE
    RECOUPMENT FAIRNESS.

    (a) Definitions.--In this section--
    (1) the term ``covered assistance'' means assistance
    provided for supplemental lost wages payments under subsections
    (e)(2) and (f) of section 408 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5174), as
    authorized under the emergency declaration issued by the
    President on March 13, 2020, pursuant to section 501(b) of such
    Act (42 U.S.C. 5191(b)) and under any subsequent major disaster
    declaration under section 401 of such Act (42 U.S.C. 5170) that
    supersedes such emergency declaration; and
    (2) the term ``State'' has the meaning given the term in
    section 102 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5122).

    [[Page 1963]]

    (b) <>  Waiver Authority for
    State Liability.--In the case of any individual who has received amounts
    of covered assistance to which the individual is not entitled, the State
    shall require the individual to repay the amounts of such assistance to
    the State agency, except that the State agency may waive such repayment
    if the State agency determines that--
    (1) the payment of such covered assistance was without fault
    on the part of the individual; and
    (2) such repayment would be contrary to equity and good
    conscience.

    (c) Waiver Authority for Federal Liability.--Any waiver of debt
    issued by a State under subsection (b) shall also waive the debt owed to
    the United States.
    (d) Reporting.--
    (1) State reporting.--If a State issues a waiver of debt
    under subsection (b), the State shall report such waiver to the
    Administrator of the Federal Emergency Management Agency.
    (2) <>  OIG reporting.--Not later than 6
    months after the date of enactment of this Act, the Inspector
    General of the Department of Homeland Security shall submit a
    report that assesses the efforts of the States to waive
    recoupment related to lost wages assistance under section 408 of
    the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act (42 U.S.C. 5174) to--
    (A) the Committee on Homeland Security and
    Governmental Affairs, the Committee on Finance, and the
    Subcommittee on Homeland Security of the Committee on
    Appropriations of the Senate; and
    (B) the Committee on Transportation and
    Infrastructure, Committee on Ways and Means, and the
    Subcommittee on Homeland Security of the Committee on
    Appropriations of the House of Representatives.
    SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPIENTS OF
    PANDEMIC UNEMPLOYMENT ASSISTANCE.

    (a) In General.--Section 2102(c) of the CARES Act (15 U.S.C.
    9021(c)), as amended by section 201, is further amended by adding at the
    end the following:
    ``(6) <>  Continued eligibility for
    assistance.--As a condition of continued eligibility for
    assistance under this section, a covered individual shall submit
    a recertification to the State for each week after the
    individual's 1st week of eligibility that certifies that the
    individual remains an individual described in subsection
    (a)(3)(A)(ii) for such week.''.

    (b) <>  Effective Date;
    Special Rule.--
    (1) In general.--The amendment made by subsection (a) shall
    apply with respect to weeks beginning on or after the date that
    is 30 days after the date of enactment of this section.
    (2) Special rule.--In the case of any State that made a good
    faith effort to implement section 2102 of division A of the
    CARES Act (15 U.S.C. 9021) in accordance with rules similar to
    those provided in section 625.6 of title 20, Code of Federal
    Regulations, for weeks ending before the effective date
    specified in paragraph (1), an individual who received pandemic
    unemployment assistance from such State for any such week shall
    not be considered ineligible for such assistance

    [[Page 1964]]

    for such week solely by reason of failure to submit a
    recertification described in subsection (c)(5) of such section
    2102.
    SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGANIZATIONS
    CLASSIFIED AS FEDERAL TRUST
    INSTRUMENTALITIES.

    (a) In General.--Section 903(i)(1) of the Social Security Act (42
    U.S.C. 1103(i)(1)) is amended--
    (1) in subparagraph (B), in the first sentence, by inserting
    ``and to service provided by employees of an entity created by
    Public Law 85-874 (20 U.S.C. 76h et seq.)'' after ``of such Code
    applies''; and
    (2) in subparagraph (C), by inserting ``or an entity created
    by Public Law 85-874 (20 U.S.C. 76h et seq.)'' before the period
    at the end.

    (b) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in the enactment
    of section 2103 of the CARES Act (Public Law 116-136).
    SEC. 265. <>  TECHNICAL CORRECTION FOR
    THE COMMONWEALTH OF NORTHERN MARIANA
    ISLANDS.

    A Commonwealth Only Transitional Worker (as defined in section
    6(i)(2) of the Joint Resolution entitled ``A Joint Resolution to approve
    the `Covenant To Establish a Commonwealth of the Northern Mariana
    Islands in Political Union with the United States of America', and for
    other purposes'' (48 U.S.C. 1806)) shall be considered a qualified alien
    under section 431 of Public Law 104-193 (8 U.S.C. 1641) for purposes of
    eligibility for a benefit under section 2102 or 2104 of the CARES Act.
    SEC. 266. <>  WAIVER TO
    PRESERVE ACCESS TO EXTENDED BENEFITS IN
    HIGH UNEMPLOYMENT STATES.

    (a) <>  In General.--For purposes
    of determining the beginning of an extended benefit period (or a high
    unemployment period) under the Federal-State Extended Unemployment
    Compensation Act of 1970 (26 U.S.C. 3304 note) during the period
    beginning on November 1, 2020, and ending December 31, 2021, section 203
    of such Act may be applied without regard to subsection (b)(1)(B) of
    such section.

    (b) Rulemaking Authority; Technical Assistance.--The Secretary of
    Labor shall issue such rules or other guidance as the Secretary
    determines may be necessary for the implementation of subsection (a),
    and shall provide technical assistance to States as needed to facilitate
    such implementation.

    Subtitle B <> --COVID-
    related Tax Relief Act of 2020
    SEC. 271. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This subtitle may be
    cited as the ``COVID-related Tax Relief Act of 2020''.

    (b) Amendment of 1986 Code.--Except as otherwise expressly provided,
    whenever in this Act an amendment or repeal is expressed in terms of an
    amendment to, or repeal of, a section or other provision, the reference
    shall be considered to be made to a section or other provision of the
    Internal Revenue Code of 1986.

    [[Page 1965]]

    (c) Table of Contents.--The table of contents of this Act is as
    follows:

    Sec. 271. Short title; table of contents.
    Sec. 272. Additional 2020 recovery rebates for individuals.
    Sec. 273. Amendments to recovery rebates under the CARES Act.
    Sec. 274. Extension of certain deferred payroll taxes.
    Sec. 275. Regulations or guidance clarifying application of educator
    expense tax deduction.
    Sec. 276. Clarification of tax treatment of forgiveness of covered
    loans.
    Sec. 277. Emergency financial aid grants.
    Sec. 278. Clarification of tax treatment of certain loan forgiveness and
    other business financial assistance under the CARES Act.
    Sec. 279. Authority to waive certain information reporting requirements.
    Sec. 280. Application of special rules to money purchase pension plans.
    Sec. 281. Election to waive application of certain modifications to
    farming losses.
    Sec. 282. Oversight and audit reporting.
    Sec. 283. Disclosures to identify tax receivables not eligible for
    collection pursuant to qualified tax collection contracts.
    Sec. 284. Modification of certain protections for taxpayer return
    information.
    Sec. 285. 2020 election to terminate transfer period for qualified
    transfers from pension plan for covering future retiree
    costs.
    Sec. 286. Extension of credits for paid sick and family leave.
    Sec. 287. Election to use prior year net earnings from self-employment
    in determining average daily self-employment income for
    purposes of credits for paid sick and family leave.
    Sec. 288. Certain technical improvements to credits for paid sick and
    family leave.

    SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

    (a) In General.--Subchapter B of chapter 65 of subtitle F is amended
    by inserting after section 6428 the following new section:
    ``SEC. 6428A. <>  ADDITIONAL 2020 RECOVERY
    REBATES FOR INDIVIDUALS.

    ``(a) <>  In General.--In addition to the
    credit allowed under section 6428, in the case of an eligible
    individual, there shall be allowed as a credit against the tax imposed
    by subtitle A for the first taxable year beginning in 2020 an amount
    equal to the sum of--
    ``(1) $600 ( $1,200 in the case of eligible individuals
    filing a joint return), plus
    ``(2) an amount equal to the product of $600 multiplied by
    the number of qualifying children (within the meaning of section
    24(c)) of the taxpayer.

    ``(b) Treatment of Credit.--The credit allowed by subsection (a)
    shall be treated as allowed by subpart C of part IV of subchapter A of
    chapter 1.
    ``(c) Limitation Based on Adjusted Gross Income.--The amount of the
    credit allowed by subsection (a) (determined without regard to this
    subsection and subsection (e)) shall be reduced (but not below zero) by
    5 percent of so much of the taxpayer's adjusted gross income as
    exceeds--
    ``(1) $150,000 in the case of a joint return or a surviving
    spouse (as defined in section 2(a)),
    ``(2) $112,500 in the case of a head of household (as
    defined in section 2(b)), and
    ``(3) $75,000 in the case of a taxpayer not described in
    paragraph (1) or (2).

    ``(d) Eligible Individual.--For purposes of this section, the term
    `eligible individual' means any individual other than--
    ``(1) any nonresident alien individual,
    ``(2) any individual with respect to whom a deduction under
    section 151 is allowable to another taxpayer for a taxable

    [[Page 1966]]

    year beginning in the calendar year in which the individual's
    taxable year begins, and
    ``(3) an estate or trust.

    ``(e) Coordination With Advance Refunds of Credit.--
    ``(1) In general.--The amount of the credit which would (but
    for this paragraph) be allowable under this section shall be
    reduced (but not below zero) by the aggregate refunds and
    credits made or allowed to the taxpayer under subsection (f).
    Any failure to so reduce the credit shall be treated as arising
    out of a mathematical or clerical error and assessed according
    to section 6213(b)(1).
    ``(2) Joint returns.--Except as otherwise provided by the
    Secretary, in the case of a refund or credit made or allowed
    under subsection (f) with respect to a joint return, half of
    such refund or credit shall be treated as having been made or
    allowed to each individual filing such return.

    ``(f) Advance Refunds and Credits.--
    ``(1) In general.--Each individual who was an eligible
    individual for such individual's first taxable year beginning in
    2019 shall be treated as having made a payment against the tax
    imposed by chapter 1 for such taxable year in an amount equal to
    the advance refund amount for such taxable year.
    ``(2) Advance refund amount.--For purposes of paragraph (1),
    the advance refund amount is the amount that would have been
    allowed as a credit under this section for such taxable year if
    this section (other than subsection (e) and this subsection) had
    applied to such taxable year. <>  For
    purposes of determining the advance refund amount with respect
    to such taxable year--
    ``(A) any individual who was deceased before January
    1, 2020, shall be treated for purposes of applying
    subsection (g) in the same manner as if the valid
    identification number of such person was not included on
    the return of tax for such taxable year, and
    ``(B) no amount shall be determined under this
    subsection with respect to any qualifying child of the
    taxpayer if--
    ``(i) the taxpayer was deceased before January
    1, 2020, or
    ``(ii) in the case of a joint return, both
    taxpayers were deceased before January 1, 2020.
    ``(3) Timing and manner of payments.--
    ``(A) Timing.--
    ``(i) In general.--The Secretary shall,
    subject to the provisions of this title, refund or
    credit any overpayment attributable to this
    subsection as rapidly as possible.
    ``(ii) Deadline.--
    ``(I) In general.--Except as
    provided in subclause (II), no refund or
    credit shall be made or allowed under
    this subsection after January 15, 2021.
    ``(II) Exception for mirror code
    possessions.--In the case of a
    possession of the United States which
    has a mirror code tax system (as such
    terms are defined in section 272(c) of
    the

    [[Page 1967]]

    COVID-related Tax Relief Act of 2020),
    no refund or credit shall be made or
    allowed under this subsection after the
    earlier of--

    ``(aa) <>
    such date as is determined
    appropriate by the Secretary, or
    ``(bb) September 30, 2021.
    ``(B) <>
    Delivery of payments.--Notwithstanding any other
    provision of law, the Secretary may certify and disburse
    refunds payable under this subsection electronically
    to--
    ``(i) any account to which the payee
    authorized, on or after January 1, 2019, the
    delivery of a refund of taxes under this title or
    of a Federal payment (as defined in section 3332
    of title 31, United States Code),
    ``(ii) any account belonging to a payee from
    which that individual, on or after January 1,
    2019, made a payment of taxes under this title, or
    ``(iii) any Treasury-sponsored account (as
    defined in section 208.2 of title 31, Code of
    Federal Regulations).
    ``(C) Waiver of certain rules.--Notwithstanding
    section 3325 of title 31, United States Code, or any
    other provision of law, with respect to any payment of a
    refund under this subsection, a disbursing official in
    the executive branch of the United States Government may
    modify payment information received from an officer or
    employee described in section 3325(a)(1)(B) of such
    title for the purpose of facilitating the accurate and
    efficient delivery of such payment. Except in cases of
    fraud or reckless neglect, no liability under sections
    3325, 3527, 3528, or 3529 of title 31, United States
    Code, shall be imposed with respect to payments made
    under this subparagraph.
    ``(4) No interest.--No interest shall be allowed on any
    overpayment attributable to this subsection.
    ``(5) <>  Application to certain
    individuals who do not file a return of tax for 2019.--
    ``(A) In general.--In the case of a specified
    individual who, at the time of any determination made
    pursuant to paragraph (3), has not filed a tax return
    for the year described in paragraph (1), the Secretary
    may use information with respect to such individual
    which is provided by--
    ``(i) in the case of a specified social
    security beneficiary or a specified supplemental
    security income recipient, the Commissioner of
    Social Security,
    ``(ii) in the case of a specified railroad
    retirement beneficiary, the Railroad Retirement
    Board, and
    ``(iii) in the case of a specified veterans
    beneficiary, the Secretary of Veterans Affairs (in
    coordination with, and with the assistance of, the
    Commissioner of Social Security if appropriate).
    ``(B) Specified individual.--For purposes of this
    paragraph, the term `specified individual' means any
    individual who is--
    ``(i) a specified social security beneficiary,
    ``(ii) a specified supplemental security
    income recipient,

    [[Page 1968]]

    ``(iii) a specified railroad retirement
    beneficiary, or
    ``(iv) a specified veterans beneficiary.
    ``(C) Specified social security beneficiary.--
    ``(i) In general.--For purposes of this
    paragraph, the term `specified social security
    beneficiary' means any individual who, for the
    last month for which the Secretary has available
    information as of the date of enactment of this
    section, is entitled to any monthly insurance
    benefit payable under title II of the Social
    Security Act (42 U.S.C. 401 et seq.), including
    payments made pursuant to sections 202(d), 223(g),
    and 223(i)(7) of such Act.
    ``(ii) Exception.--For purposes of this
    paragraph, the term `specified social security
    beneficiary' shall not include any individual if
    such benefit is not payable for such month by
    reason of section 202(x)(1)(A) of the Social
    Security Act (42 U.S.C. 402(x)(1)(A)) or section
    1129A of such Act (42 U.S.C. 1320a-8a).
    ``(D) Specified supplemental security income
    recipient.--
    ``(i) In general.--For purposes of this
    paragraph, the term `specified supplemental
    security income recipient' means any individual
    who, for the last month for which the Secretary
    has available information as of the date of
    enactment of this section, is eligible for a
    monthly benefit payable under title XVI of the
    Social Security Act (42 U.S.C. 1381 et seq.),
    including--
    ``(I) payments made pursuant to
    section 1614(a)(3)(C) of such Act (42
    U.S.C. 1382c(a)(3)(C)),
    ``(II) payments made pursuant to
    section 1619(a) (42 U.S.C. 1382h(a)) or
    subsections (a)(4), (a)(7), or (p)(7) of
    section 1631 (42 U.S.C. 1383) of such
    Act, and
    ``(III) State supplementary payments
    of the type referred to in section
    1616(a) of such Act (42 U.S.C. 1382e(a))
    (or payments of the type described in
    section 212(a) of Public Law 93-66)
    which are paid by the Commissioner under
    an agreement referred to in such section
    1616(a) (or section 212(a) of Public Law
    93-66).
    ``(ii) Exception.--For purposes of this
    paragraph, the term `specified supplemental
    security income recipient' shall not include any
    individual if such monthly benefit is not payable
    for such month by reason of section 1611(e)(1)(A)
    of the Social Security Act (42 U.S.C.
    1382(e)(1)(A)) or section 1129A of such Act (42
    U.S.C. 1320a-8a).
    ``(E) Specified railroad retirement beneficiary.--
    For purposes of this paragraph, the term `specified
    railroad retirement beneficiary' means any individual
    who, for the last month for which the Secretary has
    available information as of the date of enactment of
    this section, is entitled to a monthly annuity or
    pension payment payable (without regard to section
    5(a)(ii) of the Railroad Retirement Act of 1974 (45
    U.S.C. 231d(a)(ii))) under--

    [[Page 1969]]

    ``(i) section 2(a)(1) of such Act (45 U.S.C.
    231a(a)(1)),
    ``(ii) section 2(c) of such Act (45 U.S.C.
    231a(c)),
    ``(iii) section 2(d)(1) of such Act (45 U.S.C.
    231a(d)(1)), or
    ``(iv) section 7(b)(2) of such Act (45 U.S.C.
    231f(b)(2)) with respect to any of the benefit
    payments described in subparagraph (C)(i).
    ``(F) Specified veterans beneficiary.--
    ``(i) In general.--For purposes of this
    paragraph, the term `specified veterans
    beneficiary' means any individual who, for the
    last month for which the Secretary has available
    information as of the date of enactment of this
    section, is entitled to a compensation or pension
    payment payable under--
    ``(I) section 1110, 1117, 1121,
    1131, 1141, or 1151 of title 38, United
    States Code,
    ``(II) section 1310, 1312, 1313,
    1315, 1316, or 1318 of title 38, United
    States Code,
    ``(III) section 1513, 1521, 1533,
    1536, 1537, 1541, 1542, or 1562 of title
    38, United States Code, or
    ``(IV) section 1805, 1815, or 1821
    of title 38, United States Code,
    to a veteran, surviving spouse, child, or parent
    as described in paragraph (2), (3), (4)(A)(ii), or
    (5) of section 101, title 38, United States Code.
    ``(ii) Exception.--For purposes of this
    paragraph, the term `specified veterans
    beneficiary' shall not include any individual if
    such compensation or pension payment is not
    payable, or was reduced, for such month by reason
    of section 1505 or 5313 of title 38, United States
    Code.
    ``(G) Subsequent determinations and redeterminations
    not taken into account.--For purposes of this section,
    any individual's status as a specified social security
    beneficiary, a specified supplemental security income
    recipient, a specified railroad retirement beneficiary,
    or a specified veterans beneficiary shall be unaffected
    by any determination or redetermination of any
    entitlement to, or eligibility for, any benefit,
    payment, or compensation, if such determination or
    redetermination occurs after the last month for which
    the Secretary has available information as of the date
    of enactment of this section.
    ``(H) Payment to representative payees and
    fiduciaries.--
    ``(i) In general.--If the benefit, payment, or
    compensation referred to in subparagraph (C)(i),
    (D)(i), (E), or (F)(i) with respect to any
    specified individual is paid to a representative
    payee or fiduciary, payment by the Secretary under
    paragraph (3) with respect to such specified
    individual shall be made to such individual's
    representative payee or fiduciary and the entire
    payment shall be used only for the benefit of the
    individual who is entitled to the payment.
    ``(ii) Application of enforcement
    provisions.--

    [[Page 1970]]

    ``(I) In the case of a payment
    described in clause (i) which is made
    with respect to a specified social
    security beneficiary or a specified
    supplemental security income recipient,
    section 1129(a)(3) of the Social
    Security Act (42 U.S.C. 1320a-8(a)(3))
    shall apply to such payment in the same
    manner as such section applies to a
    payment under title II or XVI of such
    Act.
    ``(II) In the case of a payment
    described in clause (i) which is made
    with respect to a specified railroad
    retirement beneficiary, section 13 of
    the Railroad Retirement Act (45 U.S.C.
    231l) shall apply to such payment in the
    same manner as such section applies to a
    payment under such Act.
    ``(III) In the case of a payment
    described in clause (i) which is made
    with respect to a specified veterans
    beneficiary, sections 5502, 6106, and
    6108 of title 38, United States Code,
    shall apply to such payment in the same
    manner as such sections apply to a
    payment under such title.
    ``(I) Ineligibility for special rule not to be
    interpreted as general ineligibility.--An individual
    shall not fail to be treated as an eligible individual
    for purposes of this subsection or subsection (a) merely
    because such individual is not a specified individual
    (including by reason of subparagraph (C)(ii), (D)(ii),
    or (F)(ii)).
    ``(6) Notice to taxpayer.--As soon as practicable after the
    date on which the Secretary distributed any payment to an
    eligible taxpayer pursuant to this subsection, the Secretary
    shall send notice by mail to such taxpayer's last known address.
    Such notice shall indicate the method by which such payment was
    made, the amount of such payment, and a phone number for the
    appropriate point of contact at the Internal Revenue Service to
    report any failure to receive such payment.

    ``(g) Identification Number Requirement.--
    ``(1) In general.--In the case of a return other than a
    joint return, the $600 amount in subsection (a)(1) shall be
    treated as being zero unless the taxpayer includes the valid
    identification number of the taxpayer on the return of tax for
    the taxable year.
    ``(2) Joint returns.--In the case of a joint return, the
    $1,200 amount in subsection (a)(1) shall be treated as being--
    ``(A) $600 if the valid identification number of
    only 1 spouse is included on the return of tax for the
    taxable year, and
    ``(B) zero if the valid identification number of
    neither spouse is so included.
    ``(3) Qualifying child.--A qualifying child of a taxpayer
    shall not be taken into account under subsection (a)(2) unless--
    ``(A) the taxpayer includes the valid identification
    number of such taxpayer (or, in the case of a joint
    return, the valid identification number of at least 1
    spouse) on the return of tax for the taxable year, and
    ``(B) the valid identification number of such
    qualifying child is included on the return of tax for
    the taxable year.
    ``(4) <>  Valid identification number.--

    [[Page 1971]]

    ``(A) In general.--For purposes of this subsection,
    the term `valid identification number' means a social
    security number (as such term is defined in section
    24(h)(7)).
    ``(B) Adoption taxpayer identification number.--For
    purposes of paragraph (3)(B), in the case of a
    qualifying child who is adopted or placed for adoption,
    the term `valid identification number' shall include the
    adoption taxpayer identification number of such child.
    ``(5) Special rule for members of the armed forces.--
    Paragraph (2) shall not apply in the case where at least 1
    spouse was a member of the Armed Forces of the United States at
    any time during the taxable year and the valid identification
    number of at least 1 spouse is included on the return of tax for
    the taxable year.
    ``(6) Coordination with certain advance payments.--In the
    case of any payment under subsection (f) which is based on
    information provided under paragraph (5) of such subsection, a
    valid identification number shall be treated for purposes of
    this subsection as included on the taxpayer's return of tax if
    such valid identification number is provided pursuant to
    subsection (f)(5).
    ``(7) Mathematical or clerical error authority.--Any
    omission of a correct valid identification number required under
    this subsection shall be treated as a mathematical or clerical
    error for purposes of applying section 6213(g)(2) to such
    omission.

    ``(h) Regulations.--The Secretary shall prescribe such regulations
    or other guidance as may be necessary to carry out the purposes of this
    section, including any such measures as are deemed appropriate to avoid
    allowing multiple credits or rebates to a taxpayer.''.
    (b) Administrative Amendments.--
    (1) Definition of deficiency.--Section 6211(b)(4)(A) is
    amended by striking ``and 6428'' and inserting ``6428, and
    6428A''.
    (2) Mathematical or clerical error authority.--Section
    6213(g)(2)(L) is amended by striking ``or 6428'' and inserting
    ``6428, or 6428A''.

    (c) <>  Treatment of Possessions.--
    (1) Payments to possessions.--
    (A) Mirror code possession.--The Secretary of the
    Treasury shall pay to each possession of the United
    States which has a mirror code tax system amounts equal
    to the loss (if any) to that possession by reason of the
    amendments made by this
    section. <> Such amounts shall be
    determined by the Secretary of the Treasury based on
    information provided by the government of the respective
    possession.
    (B) <>  Other possessions.--The
    Secretary of the Treasury shall pay to each possession
    of the United States which does not have a mirror code
    tax system amounts estimated by the Secretary of the
    Treasury as being equal to the aggregate benefits (if
    any) that would have been provided to residents of such
    possession by reason of the amendments made by this
    section if a mirror code tax system had been in effect
    in such possession. <> The preceding
    sentence shall not apply unless the respective
    possession

    [[Page 1972]]

    has a plan, which has been approved by the Secretary of
    the Treasury, under which such possession will promptly
    distribute such payments to its residents.
    (2) Coordination with credit allowed against united states
    income taxes.--No credit shall be allowed against United States
    income taxes under section 6428A of the Internal Revenue Code of
    1986 (as added by this section) to any person--
    (A) to whom a credit is allowed against taxes
    imposed by the possession by reason of the amendments
    made by this section, or
    (B) who is eligible for a payment under a plan
    described in paragraph (1)(B).
    (3) Definitions and special rules.--
    (A) Possession of the united states.--For purposes
    of this subsection, the term ``possession of the United
    States'' includes the Commonwealth of Puerto Rico and
    the Commonwealth of the Northern Mariana Islands.
    (B) Mirror code tax system.--For purposes of this
    subsection, the term ``mirror code tax system'' means,
    with respect to any possession of the United States, the
    income tax system of such possession if the income tax
    liability of the residents of such possession under such
    system is determined by reference to the income tax laws
    of the United States as if such possession were the
    United States.
    (C) Treatment of payments.--For purposes of section
    1324 of title 31, United States Code, the payments under
    this subsection shall be treated in the same manner as a
    refund due from a credit provision referred to in
    subsection (b)(2) of such section.

    (d) <>  Administrative Provisions.--
    (1) Exception from reduction or offset.--Any refund payable
    by reason of section 6428A(f) of the Internal Revenue Code of
    1986 (as added by this section), or any such refund payable by
    reason of subsection (c) of this section, shall not be--
    (A) subject to reduction or offset pursuant to
    section 3716 or 3720A of title 31, United States Code,
    (B) subject to reduction or offset pursuant to
    subsection (c), (d), (e), or (f) of section 6402 of the
    Internal Revenue Code of 1986, or
    (C) reduced or offset by other assessed Federal
    taxes that would otherwise be subject to levy or
    collection.
    (2) Assignment of benefits.--
    (A) In general.--The right of any person to any
    applicable payment shall not be transferable or
    assignable, at law or in equity, and no applicable
    payment shall be subject to, execution, levy,
    attachment, garnishment, or other legal process, or the
    operation of any bankruptcy or insolvency law.
    (B) Encoding of payments.--In the case of an
    applicable payment described in subparagraph (E)(iii)(I)
    that is paid electronically by direct deposit through
    the Automated Clearing House (ACH) network, the
    Secretary of the Treasury (or the Secretary's delegate)
    shall--

    [[Page 1973]]

    (i) issue the payment using a unique
    identifier that is reasonably sufficient to allow
    a financial institution to identify the payment as
    an applicable payment, and
    (ii) further encode the payment pursuant to
    the same specifications as required for a benefit
    payment defined in section 212.3 of title 31, Code
    of Federal Regulations.
    (C) Garnishment.--
    (i) Encoded payments.--In the case of a
    garnishment order that applies to an account that
    has received an applicable payment that is encoded
    as provided in subparagraph (B), a financial
    institution shall follow the requirements and
    procedures set forth in part 212 of title 31, Code
    of Federal Regulations, except--
    (I) notwithstanding section 212.4 of
    title 31, Code of Federal Regulations
    (and except as provided in subclause
    (II)), a financial institution shall not
    fail to follow the procedures of
    sections 212.5 and 212.6 of such title
    with respect to a garnishment order
    merely because such order has attached,
    or includes, a notice of right to
    garnish federal benefits issued by a
    State child support enforcement agency,
    and
    (II) a financial institution shall
    not, with regard to any applicable
    payment, be required to provide the
    notice referenced in sections 212.6 and
    212.7 of title 31, Code of Federal
    Regulations.
    (ii) Other payments.--In the case of a
    garnishment order (other than an order that has
    been served by the United States) that has been
    received by a financial institution and that
    applies to an account into which an applicable
    payment that has not been encoded as provided in
    subparagraph (B) has been deposited electronically
    on any date during the lookback period or into
    which an applicable payment that has been
    deposited by check on any date in the lookback
    period, the financial institution, upon the
    request of the account holder, shall treat the
    amount of the funds in the account at the time of
    the request, up to the amount of the applicable
    payment (in addition to any amounts otherwise
    protected under part 212 of title 31, Code of
    Federal Regulations), as exempt from a garnishment
    order without requiring the consent of the party
    serving the garnishment order or the judgment
    creditor.
    (iii) Liability.--A financial institution that
    acts in good faith in reliance on clauses (i) or
    (ii) shall not be subject to liability or
    regulatory action under any Federal or State law,
    regulation, court or other order, or regulatory
    interpretation for actions concerning any
    applicable payments.
    (D) No reclamation rights.--This paragraph shall not
    alter the status of applicable payments as tax refunds
    or other nonbenefit payments for purpose of any
    reclamation rights of the Department of the Treasury or
    the

    [[Page 1974]]

    Internal Revenue Service as per part 210 of title 31,
    Code of Federal Regulations.
    (E) Definitions.--For purposes of this paragraph--
    (i) Account holder.--The term ``account
    holder'' means a natural person whose name appears
    in a financial institution's records as the direct
    or beneficial owner of an account.
    (ii) Account review.--The term ``account
    review'' means the process of examining deposits
    in an account to determine if an applicable
    payment has been deposited into the account during
    the lookback period. The financial institution
    shall perform the account review following the
    procedures outlined in section 212.5 of title 31,
    Code of Federal Regulations and in accordance with
    the requirements of section 212.6 of title 31,
    Code of Federal Regulations.
    (iii) Applicable payment.--The term
    ``applicable payment'' means--
    (I) any advance refund amount paid
    pursuant to section 6428A(f) of Internal
    Revenue Code of 1986 (as added by this
    section),
    (II) any payment made by a
    possession of the United States with a
    mirror code tax system (as defined in
    subsection (c) of this section) pursuant
    to such subsection which corresponds to
    a payment described in subclause (I),
    and
    (III) any payment made by a
    possession of the United States without
    a mirror code tax system (as so defined)
    pursuant to subsection (c) of this
    section.
    (iv) Garnishment.--The term ``garnishment''
    means execution, levy, attachment, garnishment, or
    other legal process.
    (v) Garnishment order.--The term ``garnishment
    order'' means a writ, order, notice, summons,
    judgment, levy, or similar written instruction
    issued by a court, a State or State agency, a
    municipality or municipal corporation, or a State
    child support enforcement agency, including a lien
    arising by operation of law for overdue child
    support or an order to freeze the assets in an
    account, to effect a garnishment against a debtor.
    (vi) Lookback period.--The term ``lookback
    period'' means the two month period that begins on
    the date preceding the date of account review and
    ends on the corresponding date of the month two
    months earlier, or on the last date of the month
    two months earlier if the corresponding date does
    not exist.
    (3) Agency information sharing and assistance.--
    (A) In general.--The Commissioner of Social
    Security, the Railroad Retirement Board, and the
    Secretary of Veterans Affairs shall each provide the
    Secretary of the Treasury (or the Secretary's delegate)
    such information and assistance as the Secretary of the
    Treasury (or the Secretary's delegate) may require for
    purposes of--

    [[Page 1975]]

    (i) making payments under section 6428A(f) of
    the Internal Revenue Code of 1986 to individuals
    described in paragraph (5)(A) thereof, or
    (ii) providing administrative assistance to a
    possession of the United States (as defined in
    subsection (c)(3)(A)) to allow such possession to
    promptly distribute payments under subsection (c)
    to its residents.
    (B) Exchange of information with possessions.--Any
    information provided to the Secretary of the Treasury
    (or the Secretary's delegate) pursuant to subparagraph
    (A)(ii) may be exchanged with a possession of the United
    States in accordance with the applicable tax
    coordination agreement for information exchange and
    administrative assistance that the Internal Revenue
    Service has agreed to with such possession.

    (e) <>  Public Awareness
    Campaign.--The Secretary of the Treasury (or the Secretary's delegate)
    shall conduct a public awareness campaign, in coordination with the
    Commissioner of Social Security and the heads of other relevant Federal
    agencies, to provide information regarding the availability of the
    credit and rebate allowed under section 6428A of the Internal Revenue
    Code of 1986 (as added by this section), including information with
    respect to individuals who may not have filed a tax return for taxable
    year 2019.

    (f) Appropriations to Carry Out Rebates and Address COVID-related
    Tax Administration Issues.--
    (1) In general.--Immediately upon the enactment of this Act,
    the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2021:
    (A) Department of the treasury.--
    (i) For an additional amount for ``Department
    of the Treasury--Internal Revenue Service--
    Taxpayer Services'', $178,335,000, to remain
    available until September 30, 2021.
    (ii) For an additional amount for ``Department
    of the Treasury--Internal Revenue Service--
    Operations Support'', $273,237,000, to remain
    available until September 30, 2021.
    (iii) For an additional amount for
    ``Department of Treasury--Internal Revenue
    Service--Enforcement'', $57,428,000, to remain
    available until September 30, 2021.
    Amounts <>
    made available in appropriations under this subparagraph
    may be transferred between such appropriations upon the
    advance notification of the Committees on Appropriations
    of the House of Representatives and the Senate. Such
    transfer authority is in addition to any other transfer
    authority provided by law.
    (B) Social security administration.--For an
    additional amount for ``Social Security Administration--
    Limitation on Administrative Expenses'', $38,000,000, to
    remain available until September 30, 2021.
    (C) Railroad retirement board.--For an additional
    amount for ``Railroad Retirement Board--Limitation on
    Administration'', $8,300, to remain available until
    September 30, 2021.

    [[Page 1976]]

    (2) <>  Reports.--No later than 15 days after
    enactment of this Act, the Secretary of the Treasury shall
    submit a plan to the Committees on Appropriations of the House
    of Representatives and the Senate detailing the expected use of
    the funds provided by paragraph (1)(A). <> Beginning 90 days after enactment of this Act, the
    Secretary of the Treasury shall submit a quarterly report to the
    Committees on Appropriations of the House of Representatives and
    the Senate detailing the actual expenditure of funds provided by
    paragraph (1)(A) and the expected expenditure of such funds in
    the subsequent quarter.

    (g) Conforming Amendments.--
    (1) Paragraph (2) of section 1324(b) of title 31, United
    States Code, is amended by inserting ``6428A,'' after ``6428,''.
    (2) The table of sections for subchapter B of chapter 65 of
    subtitle F <>  is amended by inserting
    after the item relating to section 6428 the following:

    ``Sec. 6428A. Additional 2020 recovery rebates for individuals.''.

    SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER THE CARES ACT.

    (a) Amendments to Section 6428 of the Internal Revenue Code of
    1986.--Section 6428 <>  is amended--
    (1) in subsection (c)(1), by inserting ``or a surviving
    spouse (as defined in section 2(a))'' after ``joint return'',
    (2) in subsection (f)--
    (A) in paragraph (3)(A), by striking ``section'' and
    inserting ``subsection'',
    (B) in paragraph (4), by striking ``section'' and
    inserting ``subsection'', and
    (C) by redesignating paragraph (6) as paragraph (7)
    and by inserting after paragraph (5) the following new
    paragraph:
    ``(6) Payment to representative payees and fiduciaries.--
    ``(A) In general.--In the case of any individual for
    which payment information is provided to the Secretary
    by the Commissioner of Social Security, the Railroad
    Retirement Board, or the Secretary of Veterans Affairs,
    the payment by the Secretary under paragraph (3) with
    respect to such individual may be made to such
    individual's representative payee or fiduciary and the
    entire payment shall be--
    ``(i) provided to the individual who is
    entitled to the payment, or
    ``(ii) used only for the benefit of the
    individual who is entitled to the payment.
    ``(B) Application of enforcement provisions.--
    ``(i) In the case of a payment described in
    subparagraph (A) which is made with respect to a
    social security beneficiary or a supplemental
    security income recipient, section 1129(a)(3) of
    the Social Security Act (42 U.S.C. 1320a-8(a)(3))
    shall apply to such payment in the same manner as
    such section applies to a payment under title II
    or XVI of such Act.

    [[Page 1977]]

    ``(ii) In the case of a payment described in
    subparagraph (A) which is made with respect to a
    railroad retirement beneficiary, section 13 of the
    Railroad Retirement Act (45 U.S.C. 231l) shall
    apply to such payment in the same manner as such
    section applies to a payment under such Act.
    ``(iii) In the case of a payment described in
    subparagraph (A) which is made with respect to a
    veterans beneficiary, sections 5502, 6106, and
    6108 of title 38, United States Code, shall apply
    to such payment in the same manner as such
    sections apply to a payment under such title.'',
    and
    (3) by striking subsection (g) and inserting the following:

    ``(g) Identification Number Requirement.--
    ``(1) <>  Requirements for credit.--
    Subject to paragraph (2), with respect to the credit allowed
    under subsection (a), the following provisions shall apply:
    ``(A) In general.--In the case of a return other
    than a joint return, the $1,200 amount in subsection
    (a)(1) shall be treated as being zero unless the
    taxpayer includes the valid identification number of the
    taxpayer on the return of tax for the taxable year.
    ``(B) Joint returns.--In the case of a joint return,
    the $2,400 amount in subsection (a)(1) shall be treated
    as being--
    ``(i) $1,200 if the valid identification
    number of only 1 spouse is included on the return
    of tax for the taxable year, and
    ``(ii) zero if the valid identification number
    of neither spouse is so included.
    ``(C) Qualifying child.--A qualifying child of a
    taxpayer shall not be taken into account under
    subsection (a)(2) unless--
    ``(i) the taxpayer includes the valid
    identification number of such taxpayer (or, in the
    case of a joint return, the valid identification
    number of at least 1 spouse) on the return of tax
    for the taxable year, and
    ``(ii) the valid identification number of such
    qualifying child is included on the return of tax
    for the taxable year.
    ``(2) Requirements for advance refunds.--No refund shall be
    payable under subsection (f) to an eligible individual who does
    not include on the return of tax for the taxable year--
    ``(A) such individual's valid identification number,
    ``(B) in the case of a joint return, the valid
    identification number of such individual's spouse, and
    ``(C) in the case of any qualifying child taken into
    account under subsection (a)(2), the valid
    identification number of such qualifying child.
    ``(3) Valid identification number.--
    ``(A) <>  In general.--For
    purposes of this subsection, the term `valid
    identification number' means a social security number
    (as such term is defined in section 24(h)(7)).
    ``(B) Adoption taxpayer identification number.--For
    purposes of paragraphs (1)(C) and (2)(C), in the case

    [[Page 1978]]

    of a qualifying child who is adopted or placed for
    adoption, the term `valid identification number' shall
    include the adoption taxpayer identification number of
    such child.
    ``(4) Special rule for members of the armed forces.--
    Paragraphs (1)(B) and (2)(B) shall not apply in the case where
    at least 1 spouse was a member of the Armed Forces of the United
    States at any time during the taxable year and the valid
    identification number of at least 1 spouse is included on the
    return of tax for the taxable year.
    ``(5) Mathematical or clerical error authority.--Any
    omission of a correct valid identification number required under
    this subsection shall be treated as a mathematical or clerical
    error for purposes of applying section 6213(g)(2) to such
    omission.''.

    (b) Amendments to Section 2201 of the CARES Act.--Section 2201 of
    the CARES Act is amended--
    (1) in subsection (d), <>  by striking
    ``Any credit or refund allowed or made to any individual by
    reason of section 6428 of the Internal Revenue Code of 1986 (as
    added by this section) or by reason of subsection (c) of this
    section'' and inserting ``Any refund payable by reason of
    section 6428(f) of the Internal Revenue Code of 1986 (as added
    by this section), or any such refund payable by reason of
    subsection (c) of this section,'', and
    (2) in subsection (f)(1)(A)(i), <>  by
    inserting after ``September 30, 2021'' the following: ``, of
    which up to $63,000,000 may be transferred to the ``Department
    of the Treasury--Bureau of the Fiscal Service--Debt Collection''
    for necessary expenses related to the implementation and
    operation of Governmentwide debt collection activities pursuant
    to sections 3711(g), 3716, and 3720A of title 31, United States
    Code, and subsections (c) through (f) of section 6402 of the
    Internal Revenue Code of 1986 to offset the loss resulting from
    the coronavirus pandemic of debt collection receipts collected
    pursuant to such sections: Provided, That amounts transferred
    pursuant to this clause shall be in addition to any other funds
    made available for this purpose''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in section 2201 of
    the CARES Act.
    SEC. 274. <>  EXTENSION OF CERTAIN
    DEFERRED PAYROLL TAXES.

    The <>  Secretary of the Treasury (or the
    Secretary's delegate) shall ensure that Internal Revenue Service Notice
    2020-65 (entitled ``Relief with Respect to Employment Tax Deadlines
    Applicable to Employers Affected by the Ongoing Coronavirus (COVID-19)
    Disease 2019 Pandemic'') and any successor or related regulation,
    notice, or guidance is applied--
    (1) by substituting ``December 31, 2021'' for ``April 30,
    2021'' each place it appears therein, and
    (2) by substituting ``January 1, 2022'' for ``May 1, 2021''
    each place it appears therein.
    SEC. 275. <>  REGULATIONS OR GUIDANCE
    CLARIFYING APPLICATION OF EDUCATOR
    EXPENSE TAX DEDUCTION.

    Not <>  later than February 28, 2021, the Secretary
    of the Treasury (or the Secretary's delegate) shall by regulation or
    other guidance clarify that personal protective equipment, disinfectant,
    and other

    [[Page 1979]]

    supplies used for the prevention of the spread of COVID-19 are treated
    as described in section 62(a)(2)(D)(ii) of the Internal Revenue Code of
    1986. <> Such regulations or other
    guidance shall apply to expenses paid or incurred after March 12, 2020.
    SEC. 276. CLARIFICATION OF TAX TREATMENT OF FORGIVENESS OF COVERED
    LOANS.

    (a) Original Paycheck Protection Program Loans.--
    (1) In general.--Subsection (i) of section 7A of the Small
    Business Act, as redesignated, transferred, and amended by the
    Economic Aid to Hard-Hit Small Businesses, Nonprofits, and
    Venues Act, <> is amended to read as
    follows:

    ``(i) Tax Treatment.--For purposes of the Internal Revenue Code of
    1986--
    ``(1) no amount shall be included in the gross income of the
    eligible recipient by reason of forgiveness of indebtedness
    described in subsection (b),
    ``(2) no deduction shall be denied, no tax attribute shall
    be reduced, and no basis increase shall be denied, by reason of
    the exclusion from gross income provided by paragraph (1), and
    ``(3) in the case of an eligible recipient that is a
    partnership or S corporation--
    ``(A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for
    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and
    ``(B) except as provided by the Secretary of the
    Treasury (or the Secretary's delegate), any increase in
    the adjusted basis of a partner's interest in a
    partnership under section 705 of the Internal Revenue
    Code of 1986 with respect to any amount described in
    subparagraph (A) shall equal the partner's distributive
    share of deductions resulting from costs giving rise to
    forgiveness described in subsection (b).''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to taxable years
    ending after the date of the enactment of the CARES Act.

    (b) <>  Subsequent Paycheck Protection
    Program Loans.--For purposes of the Internal Revenue Code of 1986, in
    the case of any taxable year ending after the date of the enactment of
    this Act--
    (1) no amount shall be included in the gross income of an
    eligible entity (within the meaning of subparagraph (J) of
    section 7(a)(37) of the Small Business Act) by reason of
    forgiveness of indebtedness described in clause (ii) of such
    subparagraph,
    (2) no deduction shall be denied, no tax attribute shall be
    reduced, and no basis increase shall be denied, by reason of the
    exclusion from gross income provided by paragraph (1), and
    (3) in the case of an eligible entity that is a partnership
    or S corporation--
    (A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for
    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and

    [[Page 1980]]

    (B) except as provided by the Secretary of the
    Treasury (or the Secretary's delegate), any increase in
    the adjusted basis of a partner's interest in a
    partnership under section 705 of the Internal Revenue
    Code of 1986 with respect to any amount described in
    subparagraph (A) shall equal the partner's distributive
    share of deductions resulting from costs giving rise to
    the forgiveness of indebtedness referred to in paragraph
    (1).
    SEC. 277. <>  EMERGENCY FINANCIAL AID
    GRANTS.

    (a) In General.--In the case of a student receiving a qualified
    emergency financial aid grant--
    (1) such grant shall not be included in the gross income of
    such individual for purposes of the Internal Revenue Code of
    1986, and
    (2) such grant shall not be treated as described in
    subparagraph (A), (B), or (C) of section 25A(g)(2) of such Code.

    (b) Definitions.--For purposes of this subsection, the term
    ``qualified emergency financial aid grant'' means--
    (1) any emergency financial aid grant awarded by an
    institution of higher education under section 3504 of the CARES
    Act,
    (2) any emergency financial aid grant from an institution of
    higher education made with funds made available under section
    18004 of the CARES Act, and
    (3) any other emergency financial aid grant made to a
    student from a Federal agency, a State, an Indian tribe, an
    institution of higher education, or a scholarship-granting
    organization (including a tribal organization, as defined in
    section 4 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C.5304)) for the purpose of providing
    financial relief to students enrolled at institutions of higher
    education in response to a qualifying emergency (as defined in
    section 3502(a)(4) of the CARES Act).

    (c) Limitation.--This section shall not apply to that portion of any
    amount received which represents payment for teaching, research, or
    other services required as a condition for receiving the qualified
    emergency financial aid grant.
    (d) Effective Date.--This section shall apply to qualified emergency
    financial aid grants made after March 26, 2020.
    SEC. 278. <>  CLARIFICATION OF TAX
    TREATMENT OF CERTAIN LOAN FORGIVENESS
    AND OTHER BUSINESS FINANCIAL ASSISTANCE.

    (a) United States Treasury Program Management Authority.--For
    purposes of the Internal Revenue Code of 1986--
    (1) no amount shall be included in the gross income of a
    borrower by reason of forgiveness of indebtedness described in
    section 1109(d)(2)(D) of the CARES Act,
    (2) no deduction shall be denied, no tax attribute shall be
    reduced, and no basis increase shall be denied, by reason of the
    exclusion from gross income provided by paragraph (1), and
    (3) in the case of a borrower that is a partnership or S
    corporation--
    (A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for

    [[Page 1981]]

    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and
    (B) except as provided by the Secretary of the
    Treasury (or the Secretary's delegate), any increase in
    the adjusted basis of a partner's interest in a
    partnership under section 705 of the Internal Revenue
    Code of 1986 with respect to any amount described in
    subparagraph (A) shall equal the partner's distributive
    share of deductions resulting from costs giving rise to
    forgiveness described in section 1109(d)(2)(D) of the
    CARES Act.

    (b) Emergency EIDL Grants and Targeted EIDL Advances.--For purposes
    of the Internal Revenue Code of 1986--
    (1) any advance described in section 1110(e) of the CARES
    Act or any funding under section 331 of the Economic Aid to
    Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
    be included in the gross income of the person that receives such
    advance or funding,
    (2) no deduction shall be denied, no tax attribute shall be
    reduced, and no basis increase shall be denied, by reason of the
    exclusion from gross income provided by paragraph (1), and
    (3) in the case of a partnership or S corporation that
    receives such advance or funding--
    (A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for
    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and
    (B) <>  the
    Secretary of the Treasury (or the Secretary's delegate)
    shall prescribe rules for determining a partner's
    distributive share of any amount described in
    subparagraph (A) for purposes of section 705 of the
    Internal Revenue Code of 1986.

    (c) Subsidy for Certain Loan Payments.--For purposes of the Internal
    Revenue Code of 1986--
    (1) any payment described in section 1112(c) of the CARES
    Act shall not be included in the gross income of the person on
    whose behalf such payment is made,
    (2) no deduction shall be denied, no tax attribute shall be
    reduced, and no basis increase shall be denied, by reason of the
    exclusion from gross income provided by paragraph (1), and
    (3) in the case of a partnership or S corporation on whose
    behalf of a payment described in section 1112(c) of the CARES
    Act is made--
    (A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for
    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and
    (B) except as provided by the Secretary of the
    Treasury (or the Secretary's delegate), any increase in
    the adjusted basis of a partner's interest in a
    partnership under section 705 of the Internal Revenue
    Code of 1986 with respect to any amount described in
    subparagraph (A) shall equal the sum of the partner's
    distributive share of deductions resulting from interest
    and fees described in section 1112(c) of the CARES Act
    and the partner's share, as determined under section 752
    of the Internal Revenue Code of 1986,

    [[Page 1982]]

    of principal described in section 1112(c) of the CARES
    Act.

    (d) Grants for Shuttered Venue Operators.--For purposes of the
    Internal Revenue Code of 1986--
    (1) any grant made under section 324 of the Economic Aid to
    Hard-Hit Small Businesses, Nonprofits, and Venues Act shall not
    be included in the gross income of the person that receives such
    grant,
    (2) no deduction shall be denied, no tax attribute shall be
    reduced, and no basis increase shall be denied, by reason of the
    exclusion from gross income provided by paragraph (1), and
    (3) in the case of a partnership or S corporation that
    receives such grant--
    (A) any amount excluded from income by reason of
    paragraph (1) shall be treated as tax exempt income for
    purposes of sections 705 and 1366 of the Internal
    Revenue Code of 1986, and
    (B) <>  the
    Secretary of the Treasury (or the Secretary's delegate)
    shall prescribe rules for determining a partner's
    distributive share of any amount described in
    subparagraph (A) for purposes of section 705 of the
    Internal Revenue Code of 1986.

    (e) <>  Effective Dates.--
    (1) In general.--Except as otherwise provided in this
    subsection, subsections (a), (b), and (c) shall apply to taxable
    years ending after the date of the enactment of the CARES Act.
    (2) Grants for shuttered venue operators; targeted eidl
    advances.--Subsection (d), and so much of subsection (b) as
    relates to funding under section 331 of the Economic Aid to
    Hard-Hit Small Businesses, Nonprofits, and Venues Act, shall
    apply to taxable years ending after the date of the enactment of
    this Act.
    SEC. 279. <>  AUTHORITY TO WAIVE
    CERTAIN INFORMATION REPORTING
    REQUIREMENTS.

    The Secretary of the Treasury (or the Secretary's delegate) may
    provide an exception from any requirement to file an information return
    otherwise required by chapter 61 of the Internal Revenue Code of 1986
    with respect to any amount excluded from gross income by reason of
    section 7A(i) of the Small Business Act or section 276(b), 277, or 278
    of this subtitle.
    SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE PENSION
    PLANS.

    (a) In General.--Section 2202(a)(6)(B) of the CARES
    Act <>  is amended by inserting ``, and, in the
    case of a money purchase pension plan, a coronavirus-related
    distribution which is an in-service withdrawal shall be treated as
    meeting the distribution rules of section 401(a) of the Internal Revenue
    Code of 1986'' before the period.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply as if included in the enactment of section
    2202 of the CARES Act.

    [[Page 1983]]

    SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN MODIFICATIONS
    TO FARMING LOSSES.

    (a) In General.--Section 2303 of the CARES Act is amended by adding
    at the end the following new subsection:
    ``(e) <>  Special Rules With Respect to
    Farming Losses.--
    ``(1) Election to disregard application of amendments made
    by subsections (a) and (b).--
    ``(A) In general.--If a taxpayer who has a farming
    loss (within the meaning of section 172(b)(1)(B)(ii) of
    the Internal Revenue Code of 1986) for any taxable year
    beginning in 2018, 2019, or 2020 makes an election under
    this paragraph, then--
    ``(i) the amendments made by subsection (a)
    shall not apply to any taxable year beginning in
    2018, 2019, or 2020, and
    ``(ii) the amendments made by subsection (b)
    shall not apply to any net operating loss arising
    in any taxable year beginning in 2018, 2019, or
    2020.
    ``(B) Election.--
    ``(i) In general.--Except as provided in
    clause (ii)(II), an election under this paragraph
    shall be made in such manner as may be prescribed
    by the Secretary. Such election, once made, shall
    be irrevocable.
    ``(ii) Time for making election.--
    ``(I) In general.--An election under
    this paragraph shall be made by the due
    date (including extensions of time) for
    filing the taxpayer's return for the
    taxpayer's first taxable year ending
    after the date of the enactment of the
    COVID-related Tax Relief Act of 2020.
    ``(II) Previously filed returns.--In
    the case of any taxable year for which
    the taxpayer has filed a return of
    Federal income tax before the date of
    the enactment of the COVID-related Tax
    Relief Act of 2020 which disregards the
    amendments made by subsections (a) and
    (b), such taxpayer shall be treated as
    having made an election under this
    paragraph unless the taxpayer amends
    such return to reflect such amendments
    by the due date (including extensions of
    time) for filing the taxpayer's return
    for the first taxable year ending after
    the date of the enactment of the COVID-
    related Tax Relief Act of 2020.
    ``(C) Regulations.--The Secretary of the Treasury
    (or the Secretary's delegate) shall issue such
    regulations and other guidance as may be necessary to
    carry out the purposes of this paragraph, including
    regulations and guidance relating to the application of
    the rules of section 172(a) of the Internal Revenue Code
    of 1986 (as in effect before the date of the enactment
    of the CARES Act) to taxpayers making an election under
    this paragraph.
    ``(2) Revocation of election to waive carryback.--The last
    sentence of section 172(b)(3) of the Internal Revenue Code of
    1986 and the last sentence of section 172(b)(1)(B) of such Code
    shall not apply to any election--
    ``(A) which was made before the date of the
    enactment of the COVID-related Tax Relief Act of 2020,
    and

    [[Page 1984]]

    ``(B) which relates to the carryback period provided
    under section 172(b)(1)(B) of such Code with respect to
    any net operating loss arising in taxable years
    beginning in 2018 or 2019.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall take effect as if included in section 2303 of the
    CARES Act.
    SEC. 282. OVERSIGHT AND AUDIT REPORTING.

    Section 19010(a)(1) of the CARES Act <>  is
    amended by striking ``and'' at the end of subparagraph (F), by striking
    ``and'' at the end of subparagraph (G), and by adding at the end the
    following new subparagraphs:
    ``(H) the Committee on Finance of the Senate; and
    ``(I) the Committee on Ways and Means of the House
    of Representatives; and''.
    SEC. 283. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
    COLLECTION PURSUANT TO QUALIFIED
    TAX COLLECTION CONTRACTS.

    (a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
    1306) is amended by adding at the end the following:
    ``(g) Notwithstanding any other provision of this section, the
    Commissioner of Social Security shall enter into an agreement with the
    Secretary of the Treasury under which--
    ``(1) if the Secretary provides the Commissioner with the
    information described in section 6103(k)(15) of the Internal
    Revenue Code of 1986 with respect to any individual, the
    Commissioner shall indicate to the Secretary as to whether such
    individual receives disability insurance benefits under section
    223 or supplemental security income benefits under title XVI
    (including State supplementary payments of the type referred to
    in section 1616(a) or payments of the type described in section
    212(a) of Public Law 93-66);
    ``(2) appropriate safeguards are included to assure that the
    indication described in paragraph (1) will be used solely for
    the purpose of determining if tax receivables involving such
    individual are not eligible for collection pursuant to a
    qualified tax collection contract by reason of section
    6306(d)(3)(E) of the Internal Revenue Code of 1986; and
    ``(3) the Secretary shall pay the Commissioner of Social
    Security the full costs (including systems and administrative
    costs) of providing the indication described in paragraph
    (1).''.

    (b) Authorization of Disclosure by Secretary of the Treasury.--
    (1) In general.--Section 6103(k) <>  is
    amended by adding at the end the following new paragraph:
    ``(15) Disclosures to social security administration to
    identify tax receivables not eligible for collection pursuant to
    qualified tax collection contracts.--
    <> In the case of any individual involved
    with a tax receivable which the Secretary has identified for
    possible collection pursuant to a qualified tax collection
    contract (as defined in section 6306(b)), the Secretary may
    disclose the taxpayer identity and date of birth of such
    individual to officers, employees, and contractors of the Social
    Security Administration to determine if such tax receivable is
    not eligible for collection pursuant

    [[Page 1985]]

    to such a qualified tax collection contract by reason of section
    6306(d)(3)(E).''.
    (2) Conforming amendments related to safeguards.--
    (A) Section 6103(a)(3) is amended by striking ``or
    (14)'' and inserting ``(14), or (15)''.
    (B) Section 6103(p)(4) is amended--
    (i) by striking ``(k)(8), (10) or (11)'' both
    places it appears and inserting ``(k)(8), (10),
    (11), or (15)'', and
    (ii) by striking ``any other person described
    in subsection (k)(10)'' each place it appears and
    inserting ``any other person described in
    subsection (k)(10) or (15)''.
    (C) Section 7213(a)(2) <>  is
    amended by striking ``(k)(10), (13), or (14)'' and
    inserting ``(k)(10), (13), (14), or (15)''.

    (c) <>  Effective Date.--The amendments
    made by this section shall apply to disclosures made on or after the
    date of the enactment of this Act.
    SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
    INFORMATION.

    (a) Amendments to the Internal Revenue Code of 1986.--
    (1) In general.--Subparagraph (D) of section <> 6103(l)(13) is amended--
    (A) by inserting at the end of clause (iii) the
    following new sentence: <>  ``Under
    such terms and conditions as may be prescribed by the
    Secretary, after consultation with the Department of
    Education, an institution of higher education described
    in subclause (I) or a State higher education agency
    described in subclause (II) may designate a contractor
    of such institution or state agency to receive return
    information on behalf of such institution or state
    agency to administer aspects of the institution's or
    state agency's activities for the application, award,
    and administration of such financial aid.'', and
    (B) by adding at the end the following:
    ``(iv) Redisclosure to office of inspector
    general, independent auditors, and contractors.--
    Any return information which is redisclosed under
    clause (iii)--
    ``(I) may be further disclosed by
    persons described in subclauses (I),
    (II), or (III) of clause (iii) or
    persons designated in the last sentence
    of clause (iii) to the Office of
    Inspector General of the Department of
    Education and independent auditors
    conducting audits of such person's
    administration of the programs for which
    the return information was received, and
    ``(II) may be further disclosed by
    persons described in subclauses (I),
    (II), or (III) of clause (iii) to
    contractors of such entities,
    but only to the extent necessary in carrying out
    the purposes described in such clause (iii).
    ``(v) Redisclosure to family members.--In
    addition to the purposes for which information is
    disclosed and used under subparagraphs (A) and
    (C), or redisclosed under clause (iii), any return
    information so

    [[Page 1986]]

    disclosed or redisclosed may be further disclosed
    to any individual certified by the Secretary of
    Education as having provided approval under
    paragraph (1) or (2) of section 494(a) of the
    Higher Education Act of 1965, as the case may be,
    for disclosure related to the income-contingent or
    income-based repayment plan under subparagraph (A)
    or the eligibility for, and amount of, Federal
    student financial aid described in subparagraph
    (C).
    ``(vi) Redisclosure of fafsa information.--
    Return information received under subparagraph (C)
    may be redisclosed in accordance with subsection
    (c) of section 494 of the Higher Education Act of
    1965 (as in effect on the date of enactment of the
    COVID-related Tax Relief Act of 2020) to carry out
    the purposes specified in such subsection.''.
    (2) Conforming amendment.--Subparagraph (F) of section
    6103(l)(13) is amended by inserting ``, and any redisclosure
    authorized under clause (iii), (iv) (v), or (vi) of subparagraph
    (D),'' after `` or (C)''.
    (3) Confidentiality of return information.--
    (A) Section 6103(a)(3), as amended by section
    3516(a)(1) of the CARES Act, is amended by striking
    ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting
    ``(13) (other than subparagraphs (D)(v) and (D)(vi)
    thereof),''.
    (B) Section 6103(p)(3)(A), as amended by section
    3516(a)(2) of such Act, is amended by striking
    ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting
    ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
    (4) <>  Effective date.--The
    amendments made by this subsection shall apply to disclosures
    made after the date of the enactment of the FUTURE Act (Public
    Law 116-91).

    (b) Amendments to the Higher Education Act of 1965.--
    (1) In general.--Section 494 of the Higher Education Act of
    1965 (20 U.S.C. 1098h(a)) is amended--
    (A) in subsection (a)(1)--
    (i) in the matter preceding subparagraph (A),
    by inserting ``, including return information,''
    after ``financial information'';
    (ii) in subparagraph (A)--
    (I) in clause (i)--
    (aa) by striking
    ``subparagraph (B), the'' and
    inserting the following:
    ``subparagraph (B)--
    ``(I) the''; and
    (bb) by adding at the end
    the following:
    ``(II) the return information of
    such individuals may be redisclosed
    pursuant to clauses (iii), (iv), (v),
    and (vi) of section 6103(l)(13)(D) of
    the Internal Revenue Code of 1986, for
    the relevant purposes described in such
    section; and''; and
    (II) in clause (ii), by striking
    ``such disclosure'' and inserting ``the
    disclosures described in subclauses (I)
    and (II) of clause (i)''; and

    [[Page 1987]]

    (iii) in subparagraph (B), by striking
    ``disclosure described in subparagraph (A)(i)''
    and inserting ``disclosures described in
    subclauses (I) and (II) of subparagraph (A)(i)'';
    (B) in subsection (a)(2)(A)(ii), by striking
    ``affirmatively approve the disclosure described in
    paragraph (1)(A)(i) and agree that such approval shall
    serve as an ongoing approval of such disclosure until
    the date on which the individual elects to opt out of
    such disclosure'' and inserting ``affirmatively approve
    the disclosures described in subclauses (I) and (II) of
    paragraph (1)(A)(i), to the extent applicable, and agree
    that such approval shall serve as an ongoing approval of
    such disclosures until the date on which the individual
    elects to opt out of such disclosures''; and
    (C) by adding at the end the following:

    ``(c) Access to FAFSA Information.--
    ``(1) Redisclosure of information.--The information in a
    complete, unredacted Student Aid Report (including any return
    information disclosed under section 6103(l)(13) of the Internal
    Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an
    application described in subsection (a)(1) of an applicant for
    Federal student financial aid--
    ``(A) upon request for such information by such
    applicant, shall be provided to such applicant by--
    ``(i) the Secretary; or
    ``(ii) in a case in which the Secretary has
    requested that institutions of higher education
    carry out the requirements of this subparagraph,
    an institution of higher education that has
    received such information; and
    ``(B) with the written consent by the applicant to
    an institution of higher education, may be provided by
    such institution of higher education as is necessary to
    a scholarship granting organization (including a tribal
    organization (defined in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5304))), or to an organization assisting the applicant
    in applying for and receiving Federal, State, local, or
    tribal assistance, that is designated by the applicant
    to assist the applicant in applying for and receiving
    financial assistance for any component of the
    applicant's cost of attendance (defined in section 472)
    at that institution.
    ``(2) Discussion of information.--A discussion of the
    information in an application described in subsection (a)(1)
    (including any return information disclosed under section
    6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
    6103(l)(13)) of an applicant between an institution of higher
    education and the applicant may, with the written consent of the
    applicant, include an individual selected by the applicant (such
    as an advisor) to participate in such discussion.
    ``(3) Restriction on disclosing information.--A person
    receiving information under paragraph (1)(B) or (2) with respect
    to an applicant shall not use the information for any purpose
    other than the express purpose for which consent was granted by
    the applicant and shall not disclose such information to any
    other person without the express permission of, or request by,
    the applicant.

    [[Page 1988]]

    ``(4) Definitions.--In this subsection:
    ``(A) Student aid report.--The term `Student Aid
    Report' has the meaning given the term in section 668.2
    of title 34, Code of Federal Regulations (or successor
    regulations).
    ``(B) Written consent.--The term `written consent'
    means a separate, written document that is signed and
    dated (which may include by electronic format) by an
    applicant, which--
    ``(i) indicates that the information being
    disclosed includes return information disclosed
    under section 6103(l)(13) of the Internal Revenue
    Code of 1986 (26 U.S.C. 6103(l)(13)) with respect
    to the applicant;
    ``(ii) states the purpose for which the
    information is being disclosed; and
    ``(iii) states that the information may only
    be used for the specific purpose and no other
    purposes.
    ``(5) Record keeping requirement.--An institution of higher
    education shall--
    ``(A) <>  keep a record of each
    written consent made under this subsection for a period
    of at least 3 years from the date of the student's last
    date of attendance at the institution; and
    ``(B) <>  make each such record
    readily available for review by the Secretary.''.
    (2) Conforming amendment.--Section 494(a)(3) of the Higher
    Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by
    striking ``paragraph (1)(A)(i)'' both places the term appears
    and inserting ``paragraph (1)(A)(i)(I)''.
    SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PERIOD FOR QUALIFIED
    TRANSFERS FROM PENSION PLAN FOR COVERING
    FUTURE RETIREE COSTS.

    (a) In General.--Section 420(f) <>  is amended by
    adding at the end the following new paragraph:
    ``(7) <>  Election to end transfer
    period.--
    ``(A) <>  In general.--In the case
    of an employer maintaining a plan which has made a
    qualified future transfer under this subsection, such
    employer may, not later than December 31, 2021, elect to
    terminate the transfer period with respect to such
    transfer effective as of any taxable year specified by
    the taxpayer that begins after the date of such
    election.
    ``(B) Amounts transferred to plan on termination.--
    Any assets transferred to a health benefits account, or
    an applicable life insurance account, in a qualified
    future transfer (and any income allocable thereto) which
    are not used as of the effective date of the election to
    terminate the transfer period with respect to such
    transfer under subparagraph (A), shall be transferred
    out of the account to the transferor plan within a
    reasonable period of time. The transfer required by this
    subparagraph shall be treated as an employer reversion
    for purposes of section 4980 (other than subsection (d)
    thereof), unless before the end of the 5-year period
    beginning after the original transfer period an
    equivalent amount is transferred back to such health
    benefits account, or applicable

    [[Page 1989]]

    life insurance account, as the case may be. Any such
    transfer back pursuant to the preceding sentence may be
    made without regard to section 401(h)(1).
    ``(C) Minimum cost requirements continue.--The
    requirements of subsection (c)(3) and paragraph (2)(D)
    shall apply with respect to a qualified future transfer
    without regard to any election under subparagraph (A)
    with respect to such transfer.
    ``(D) Modified maintenance of funded status during
    original transfer period.--The requirements of paragraph
    (2)(B) shall apply without regard to any such election,
    and clause (i) thereof shall be applied by substituting
    `100 percent' for `120 percent' during the original
    transfer period.
    ``(E) Continued maintenance of funding status after
    original transfer period.--
    ``(i) In general.--In the case of a plan with
    respect to which there is an excess described in
    paragraph (2)(B)(ii) as of the valuation date of
    the plan year in the last year of the original
    transfer period, paragraph (2)(B) shall apply for
    5 years after the original transfer period in the
    same manner as during a transfer period by
    substituting the applicable percentage for `120
    percent' in clause (i) thereof.
    ``(ii) Applicable percentage.--For purposes of
    this subparagraph, the applicable percentage shall
    be determined under the following table:
    ``For the valuation date oThe applicable percentage is:
    year in the following year
    after the original transfer
    period:
    1st..................................................104 percent
    2nd..................................................108 percent
    3rd..................................................112 percent
    4th..................................................116 percent
    5th..................................................120 percent

    ``(iii) Early termination of continued
    maintenance period when 120 percent funding
    reached.--If, as of the valuation date of any plan
    year in the first 4 years after the original
    transfer period with respect to a qualified future
    transfer, there would be no excess determined
    under this subparagraph were the applicable
    percentage 120 percent, then this subparagraph
    shall cease to apply with respect to the plan.
    ``(F) <>  Original transfer
    period.--For purposes of this paragraph, the term
    `original transfer period' means the transfer period
    under this subsection with respect to a qualified future
    transfer determined without regard to the election under
    subparagraph (A).''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2019.
    SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY LEAVE.

    (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 7004(e) of
    the Families First Coronavirus Response Act <>  are each amended by striking ``December 31, 2020'' and
    inserting ``March 31, 2021''.

    (b) Coordination With Termination of Mandate.--

    [[Page 1990]]

    (1) Payroll credit for paid sick leave.--Section 7001(c) of
    the Families First Coronavirus Response Act <>  is amended by striking ``paid by an employer which'' and
    all that follows and inserting ``paid by an employer--
    ``(1) which are required to be paid by reason of the
    Emergency Paid Sick Leave Act, or
    ``(2) both--
    ``(A) which would be so required to be paid if such
    Act were applied--
    ``(i) by substituting `March 31, 2021' for
    `December 31, 2020' in section 5109 thereof, and
    ``(ii) without regard to section 5102(b)(3)
    thereof, and
    ``(B) with respect to which all requirements of such
    Act (other than subsections (a) and (b) of section 5105
    thereof, and determined by substituting `To be compliant
    with section 5102, an employer may not' for `It shall be
    unlawful for any employer to' in section 5104 thereof)
    which would apply if so required are satisfied.''.
    (2) Credit for sick leave of self-employed individuals.--
    Section 7002(b)(2) of the Families First Coronavirus Response
    Act <>  is amended to read as follows:
    ``(2) either--
    ``(A) would be entitled to receive paid leave during
    the taxable year pursuant to the Emergency Paid Sick
    Leave Act if the individual were an employee of an
    employer (other than himself or herself), or
    ``(B) would be so entitled if--
    ``(i) such Act were applied by substituting
    `March 31, 2021' for `December 31, 2020' in
    section 5109 thereof, and
    ``(ii) the individual were an employee of an
    employer (other than himself or herself).''.
    (3) Payroll credit for paid family leave.--Section 7003(c)
    of the Families First Coronavirus Response Act <>  is amended by striking ``paid by an employer which'' and
    all that follows and inserting ``paid by an employer--
    ``(1) which are required to be paid by reason of the
    Emergency Family and Medical Leave Expansion Act (including the
    amendments made by such Act), or
    ``(2) both--
    ``(A) which would be so required to be paid if
    section 102(a)(1)(F) of the Family and Medical Leave Act
    of 1993, as amended by the Emergency Family and Medical
    Leave Expansion Act, were applied by substituting `March
    31, 2021' for `December 31, 2020', and
    ``(B) with respect to which all requirements of the
    Family and Medical Leave Act of 1993 (other than section
    107 thereof, and determined by substituting `To be
    compliant with section 102(a)(1)(F), an employer may
    not' for `It shall be unlawful for any employer to' each
    place it appears in subsection (a) of section 105
    thereof, by substituting `made unlawful in this title or
    described in this section' for `made unlawful by this
    title' in paragraph (2) of such subsection, and by
    substituting `To be compliant with section 102(a)(1)(F),
    an employer may not' for `It shall be unlawful for any
    person to' in subsection (b) of such

    [[Page 1991]]

    section) which relate to such section 102(a)(1)(F), and
    which would apply if so required, are satisfied.''.
    (4) Credit for family leave of self-employed individuals.--
    Section 7004(b)(2) of the Families First Coronavirus Response
    Act <>  is amended to read as follows:
    ``(2) either--
    ``(A) would be entitled to receive paid leave during
    the taxable year pursuant to the Emergency Family and
    Medical Leave Expansion Act if the individual were an
    employee of an employer (other than himself or herself),
    or
    ``(B) would be so entitled if--
    ``(i) section 102(a)(1)(F) of the Family and
    Medical Leave Act of 1993, as amended by the
    Emergency Family and Medical Leave Expansion Act,
    were applied by substituting `March 31, 2021' for
    `December 31, 2020', and
    ``(ii) the individual were an employee of an
    employer (other than himself or herself).''.
    (5) <>  Coordination with certain
    employment taxes.--Section 7005(a) of the Families First
    Coronavirus Response Act <>  is amended by
    inserting ``(or, in the case of wages paid after December 31,
    2020, and before April 1, 2021, with respect to which a credit
    is allowed under section 7001 or 7003)'' before ``shall not be
    considered''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in the provisions
    of the Families First Coronavirus Response Act to which they relate.
    SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
    EMPLOYMENT IN DETERMINING AVERAGE DAILY
    SELF-EMPLOYMENT INCOME FOR PURPOSES OF
    CREDITS FOR PAID SICK AND FAMILY LEAVE.

    (a) Credit for Sick Leave.--Section 7002(c) of the Families First
    Coronavirus Response Act <>  is amended by adding
    at the end the following new paragraph:
    ``(4) <>  Election to use prior year
    net earnings from self-employment income.--In the case of an
    individual who elects (at such time and in such manner as the
    Secretary, or the Secretary's delegate, may provide) the
    application of this paragraph, paragraph (2)(A) shall be applied
    by substituting `the prior taxable year' for `the taxable
    year'.''.

    (b) Credit for Family Leave.--Section 7004(c) of the Families First
    Coronavirus Response Act <>  is amended by adding
    at the end the following new paragraph:
    ``(4) <>  Election to use prior year
    net earnings from self-employment income.--In the case of an
    individual who elects (at such time and in such manner as the
    Secretary, or the Secretary's delegate, may provide) the
    application of this paragraph, paragraph (2)(A) shall be applied
    by substituting `the prior taxable year' for `the taxable
    year'.''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in the provisions
    of the Families First Coronavirus Response Act to which they relate.

    [[Page 1992]]

    SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CREDITS FOR PAID SICK
    AND FAMILY LEAVE.

    (a) Coordination With Application of Certain Definitions.--
    (1) In general.--Sections 7001(c) and 7003(c) of the
    Families First Coronavirus Response Act <>  are each amended--
    (A) by inserting ``, determined without regard to
    paragraphs (1) through (22) of section 3121(b) of such
    Code'' after ``as defined in section 3121(a) of the
    Internal Revenue Code of 1986'', and
    (B) by inserting ``, determined without regard to
    the sentence in paragraph (1) thereof which begins `Such
    term does not include remuneration' '' after ``as
    defined in section 3231(e) of the Internal Revenue
    Code''.
    (2) Conforming amendments.--Sections 7001(e)(3) and
    7003(e)(3) of the Families First Coronavirus Response
    Act <>  are each amended by striking
    ``Any term'' and inserting ``Except as otherwise provided in
    this section, any term''.

    (b) Coordination With Exclusion From Employment Taxes.--Sections
    7001(c) and 7003(c) of the Families First Coronavirus Response Act, as
    amended by subsection (a), are each amended--
    (1) by inserting ``and section 7005(a) of this Act,'' after
    ``determined without regard to paragraphs (1) through (22) of
    section 3121(b) of such Code'', and
    (2) by inserting ``and without regard to section 7005(a) of
    this Act'' after ``which begins `Such term does not include
    remuneration' ''.

    (c) Clarification of Applicable Railroad Retirement Tax for Paid
    Leave Credits.--Sections 7001(e) and 7003(e) of the Families First
    Coronavirus Response Act, as amended by the preceding provisions of this
    Act, are each amended by adding at the end the following new paragraph:
    ``(4) References to railroad retirement tax.--Any reference
    in this section to the tax imposed by section 3221(a) of the
    Internal Revenue Code of 1986 shall be treated as a reference to
    so much of such tax as is attributable to the rate in effect
    under section 3111(a) of such Code.''.

    (d) Clarification of Treatment of Paid Leave for Applicable Railroad
    Retirement Tax.--Section 7005(a) of the Families First Coronavirus
    Response Act <>  is amended by adding the following
    sentence at the end of such subsection: ``Any reference in this
    subsection to the tax imposed by section 3221(a) of such Code shall be
    treated as a reference to so much of the tax as is attributable to the
    rate in effect under section 3111(a) of such Code.''.

    (e) Clarification of Applicable Railroad Retirement Tax for Hospital
    Insurance Tax Credit.--Section 7005(b)(1) of the Families First
    Coronavirus Response Act <>  is amended to read as
    follows:
    ``(1) In general.--The credit allowed by section 7001 and
    the credit allowed by section 7003 shall each be increased by
    the amount of the tax imposed by section 3111(b) of the Internal
    Revenue Code of 1986 and so much of the taxes imposed under
    section 3221(a) of such Code as are attributable to the rate in
    effect under section 3111(b) of such Code on qualified sick
    leave wages, or qualified family leave wages,

    [[Page 1993]]

    for which credit is allowed under such section 7001 or 7003
    (respectively).''.

    (f) <>  Effective Date.--The amendments
    made by this section shall take effect as if included in the provisions
    of the Families First Coronavirus Response Act to which they relate.

    TITLE III <> --CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER
    SMALL BUSINESS SUPPORT
    SEC. 301. <>  SHORT TITLE.

    This title may be cited as the ``Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act''.
    SEC. 302. <>  DEFINITIONS.

    In this Act:
    (1) Administration; administrator.--The terms
    ``Administration'' and ``Administrator'' mean the Small Business
    Administration and the Administrator thereof, respectively.
    (2) Small business concern.--The term ``small business
    concern'' has the meaning given the term in section 3 of the
    Small Business Act (15 U.S.C. 632).
    SEC. 303. <>  EMERGENCY
    RULEMAKING AUTHORITY.

    Not later than 10 days after the date of enactment of this Act, the
    Administrator shall issue regulations to carry out this Act and the
    amendments made by this Act without regard to the notice requirements
    under section 553(b) of title 5, United States Code.
    SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.

    (a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of the Small
    Business Act (15 U.S.C. 636(a)(36)(F)(i)) is amended--
    (1) in subclause (VI), by striking ``and'' at the end;
    (2) in subclause (VII), by striking the period at the end
    and inserting a semicolon; and
    (3) by adding at the end the following:
    ``(VIII) covered operations
    expenditures, as defined in section
    7A(a);
    ``(IX) covered property damage
    costs, as defined in section 7A(a);
    ``(X) covered supplier costs, as
    defined in section 7A(a); and
    ``(XI) covered worker protection
    expenditures, as defined in section
    7A(a).''.

    (b) Loan Forgiveness.--
    (1) Transfer of section to small business act.--
    (A) In general.--Section 1106 of the CARES Act (15
    U.S.C. 9005) <>  is redesignated as
    section 7A, transferred to the Small Business Act (15
    U.S.C. 631 et seq.), and inserted so as to appear after
    section 7 of the Small Business Act (15 U.S.C. 636).
    (B) Conforming amendments to transferred section.--
    Section 7A of the Small Business Act, as redesignated
    and transferred by subparagraph (A) of this paragraph,
    is amended--

    [[Page 1994]]

    (i) in subsection (a)(1), by striking ``under
    paragraph (36) of section 7(a) of the Small
    Business Act (15 U.S.C. 636(a)), as added by
    section 1102'' and inserting ``under section
    7(a)(36)''; and
    (ii) in subsection (c), by striking ``of the
    Small Business Act (15 U.S.C. 636(a))'' each place
    it appears.
    (C) Other conforming amendments.--
    (i) Section 1109(d)(2)(D) of the CARES Act (15
    U.S.C. 9008(d)(2)(D)) is amended by striking
    ``section 1106 of this Act'' and inserting
    ``section 7A of the Small Business Act''.
    (ii) Section 7(a)(36) of the Small Business
    Act (15 U.S.C. 636(a)(36)) is amended--
    (I) in subparagraph (K), by striking
    ``section 1106 of the CARES Act'' and
    inserting ``section 7A''; and
    (II) in subparagraph (M)--
    (aa) by striking ``section
    1106 of the CARES Act'' each
    place it appears and inserting
    ``section 7A''; and
    (bb) in clause (v), by
    striking ``section 1106(a) of
    the CARES Act'' and inserting
    ``section 7A(a)''.
    (2) Additional eligible expenses.--Section 7A of the Small
    Business Act, as redesignated and transferred by paragraph (1)
    of this subsection, is amended--
    (A) in subsection (a)--
    (i) by redesignating paragraphs (6), (7), and
    (8) as paragraphs (10), (11), and (12),
    respectively;
    (ii) by redesignating paragraph (5) as
    paragraph (8);
    (iii) by redesignating paragraph (4) as
    paragraph (6);
    (iv) by redesignating paragraph (3) as
    paragraph (4);
    (v) by inserting after paragraph (2) the
    following:
    ``(3) <>  the term `covered operations
    expenditure' means a payment for any business software or cloud
    computing service that facilitates business operations, product
    or service delivery, the processing, payment, or tracking of
    payroll expenses, human resources, sales and billing functions,
    or accounting or tracking of supplies, inventory, records and
    expenses;'';
    (vi) by inserting after paragraph (4), as so
    redesignated, the following:
    ``(5) <>  the term `covered property
    damage cost' means a cost related to property damage and
    vandalism or looting due to public disturbances that occurred
    during 2020 that was not covered by insurance or other
    compensation;'';
    (vii) by inserting after paragraph (6), as so
    redesignated, the following:
    ``(7) <>  the term `covered supplier
    cost' means an expenditure made by an entity to a supplier of
    goods for the supply of goods that--
    ``(A) are essential to the operations of the entity
    at the time at which the expenditure is made; and
    ``(B) is made pursuant to a contract, order, or
    purchase order--

    [[Page 1995]]

    ``(i) in effect at any time before the covered
    period with respect to the applicable covered
    loan; or
    ``(ii) with respect to perishable goods, in
    effect before or at any time during the covered
    period with respect to the applicable covered
    loan;'';
    (viii) by inserting after paragraph (8), as so
    redesignated, the following:
    ``(9) <>  the term `covered worker
    protection expenditure'--
    ``(A) <>  means an operating or
    a capital expenditure to facilitate the adaptation of
    the business activities of an entity to comply with
    requirements established or guidance issued by the
    Department of Health and Human Services, the Centers for
    Disease Control, or the Occupational Safety and Health
    Administration, or any equivalent requirements
    established or guidance issued by a State or local
    government, during the period beginning on March 1, 2020
    and ending the date on which the national emergency
    declared by the President under the National Emergencies
    Act (50 U.S.C. 1601 et seq.) with respect to the
    Coronavirus Disease 2019 (COVID-19) expires related to
    the maintenance of standards for sanitation, social
    distancing, or any other worker or customer safety
    requirement related to COVID-19;
    ``(B) may include--
    ``(i) the purchase, maintenance, or renovation
    of assets that create or expand--
    ``(I) a drive-through window
    facility;
    ``(II) an indoor, outdoor, or
    combined air or air pressure ventilation
    or filtration system;
    ``(III) a physical barrier such as a
    sneeze guard;
    ``(IV) an expansion of additional
    indoor, outdoor, or combined business
    space;
    ``(V) an onsite or offsite health
    screening capability; or
    ``(VI) other assets relating to the
    compliance with the requirements or
    guidance described in subparagraph (A),
    as determined by the Administrator in
    consultation with the Secretary of
    Health and Human Services and the
    Secretary of Labor; and
    ``(ii) the purchase of--
    ``(I) covered materials described in
    section 328.103(a) of title 44, Code of
    Federal Regulations, or any successor
    regulation;
    ``(II) particulate filtering
    facepiece respirators approved by the
    National Institute for Occupational
    Safety and Health, including those
    approved only for emergency use
    authorization; or
    ``(III) other kinds of personal
    protective equipment, as determined by
    the Administrator in consultation with
    the Secretary of Health and Human
    Services and the Secretary of Labor; and
    ``(C) does not include residential real property or
    intangible property;''; and
    (ix) in paragraph (11), as so redesignated--

    [[Page 1996]]

    (I) in subparagraph (C), by striking
    ``and'' at the end;
    (II) in subparagraph (D), by
    striking ``and'' at the end; and
    (III) by adding at the end the
    following:
    ``(E) covered operations expenditures;
    ``(F) covered property damage costs;
    ``(G) covered supplier costs; and
    ``(H) covered worker protection expenditures; and'';
    (B) in subsection (b), by adding at the end the
    following:
    ``(5) Any covered operations expenditure.
    ``(6) Any covered property damage cost.
    ``(7) Any covered supplier cost.
    ``(8) Any covered worker protection expenditure.'';
    (C) in subsection (d)(8), by inserting ``any payment
    on any covered operations expenditure, any payment on
    any covered property damage cost, any payment on any
    covered supplier cost, any payment on any covered worker
    protection expenditure,'' after ``rent obligation,'';
    and
    (D) in subsection (e)--
    (i) in paragraph (2)--
    (I) by inserting ``purchase orders,
    orders, invoices,'' before ``or other
    documents''; and
    (II) by striking ``covered lease
    obligations,'' and inserting ``covered
    rent obligations, payments on covered
    operations expenditures, payments on
    covered property damage costs, payments
    on covered supplier costs, payments on
    covered worker protection
    expenditures,''; and
    (ii) in paragraph (3)(B), by inserting ``make
    payments on covered operations expenditures, make
    payments on covered property damage costs, make
    payments on covered supplier costs, make payments
    on covered worker protection expenditures,'' after
    ``rent obligation,''.

    (c) <>  Effective Date; Applicability.--
    (1) In general.--Except as provided in paragraph (2), the
    amendments made by subsections (a) and (b) shall be effective as
    if included in the CARES Act (Public Law 116-136; 134 Stat. 281)
    and shall apply to any loan made pursuant to section 7(a)(36) of
    the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
    after the date of enactment of this Act, including forgiveness
    of such a loan.
    (2) Exclusion of loans already forgiven.--The amendments
    made by subsections (a) and (b) shall not apply to a loan made
    pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) for which the borrower received forgiveness
    before the date of enactment of this Act under section 1106 of
    the CARES Act, as in effect on the day before such date of
    enactment.
    SEC. 305. HOLD HARMLESS.

    (a) In General.--Subsection (h) of section 7A of the Small Business
    Act, as redesignated and transferred by section 304 of this Act, is
    amended to read as follows:
    ``(h) Hold Harmless.--

    [[Page 1997]]

    ``(1) Definition.--In this subsection, the term `initial or
    second draw PPP loan' means a covered loan or a loan under
    paragraph (37) of section 7(a).
    ``(2) Reliance.--A lender may rely on any certification or
    documentation submitted by an applicant for an initial or second
    draw PPP loan or an eligible recipient or eligible entity
    receiving initial or second draw PPP loan that--
    ``(A) is submitted pursuant to all applicable
    statutory requirements, regulations, and guidance
    related to initial or second draw PPP loan, including
    under paragraph (36) or (37) of section 7(a) and under
    this section; and
    ``(B) attests that the applicant, eligible
    recipient, or eligible entity, as applicable, has
    accurately provided the certification or documentation
    to the lender in accordance with the statutory
    requirements, regulations, and guidance described in
    subparagraph (A).
    ``(3) No enforcement action.--With respect to a lender that
    relies on a certification or documentation described in
    paragraph (2) related to an initial or second draw PPP loan, an
    enforcement action may not be taken against the lender, and the
    lender shall not be subject to any penalties relating to loan
    origination or forgiveness of the initial or second draw PPP
    loan, if--
    ``(A) the lender acts in good faith relating to loan
    origination or forgiveness of the initial or second draw
    PPP loan based on that reliance; and
    ``(B) all other relevant Federal, State, local, and
    other statutory and regulatory requirements applicable
    to the lender are satisfied with respect to the initial
    or second draw PPP loan.''.

    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVENESS.

    Section 7A of the Small Business Act, as redesignated and
    transferred by section 304 of this Act, is amended--

    (A) by amending paragraph (4) of subsection (a), as
    so redesignated by section 304(b) of this Act, to read
    as follows:
    ``(4) <>  the term `covered period' means
    the period--
    ``(A) beginning on the date of the origination of a
    covered loan; and
    ``(B) ending on a date selected by the eligible
    recipient of the covered loan that occurs during the
    period--
    ``(i) beginning on the date that is 8 weeks
    after such date of origination; and
    ``(ii) ending on the date that is 24 weeks
    after such date of origination;''; and
    (1) by striking subsection (l).

    [[Page 1998]]

    SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.

    (a) In General.--Section 7A of the Small Business Act, as
    redesignated and transferred by section 304 of this Act, and as amended
    by section 306 of this Act, is amended--
    (1) in subsection (e), in the matter preceding paragraph
    (1), by striking ``An eligible'' and inserting ``Except as
    provided in subsection (l), an eligible'';
    (2) in subsection (f), by inserting ``or the certification
    required under subsection (l), as applicable'' after
    ``subsection (e)''; and
    (3) by adding at the end the following:

    ``(l) Simplified Application.--
    ``(1) Covered loans up to $150,000.--
    ``(A) In general .--With respect to a covered loan
    made to an eligible recipient that is not more than
    $150,000, the covered loan amount shall be forgiven
    under this section if the eligible recipient--
    ``(i) <>
    signs and submits to the lender a certification,
    to be established by the Administrator not later
    than 24 days after the date of enactment of the
    Economic Aid to Hard-Hit Small Businesses,
    Nonprofits, and Venues Act, which--
    ``(I) shall be not more than 1 page
    in length; and
    ``(II) shall only require the
    eligible recipient to provide--
    ``(aa) a description of the
    number of employees the eligible
    recipient was able to retain
    because of the covered loan;
    ``(bb) the estimated amount
    of the covered loan amount spent
    by the eligible recipient on
    payroll costs; and
    ``(cc) the total loan value;
    ``(ii) attests that the eligible recipient
    has--
    ``(I) accurately provided the
    required certification; and
    ``(II) complied with the
    requirements under section 7(a)(36); and
    ``(iii) <>
    retains records relevant to the form that prove
    compliance with such requirements--
    ``(I) with respect to employment
    records, for the 4-year period following
    submission of the form; and
    ``(II) with respect to other
    records, for the 3-year period following
    submission of the form.
    ``(B) Limitation on requiring additional
    materials.--An eligible recipient of a covered loan that
    is not more than $150,000 shall not, at the time of the
    application for forgiveness, be required to submit any
    application or documentation in addition to the
    certification and information required to substantiate
    forgiveness.
    ``(C) Records for other requirements.--Nothing in
    subparagraph (A) or (B) shall be construed to exempt an
    eligible recipient from having to provide documentation
    independently to a lender to satisfy relevant Federal,
    State, local, or other statutory or regulatory
    requirements, or

    [[Page 1999]]

    in connection with an audit as authorized under
    subparagraph (E).
    ``(D) Demographic information.--The certification
    established by the Administrator under subparagraph (A)
    shall include a means by which an eligible recipient
    may, at the discretion of the eligible recipient, submit
    demographic information of the owner of the eligible
    recipient, including the sex, race, ethnicity, and
    veteran status of the owner.
    ``(E) Audit authority.--The Administrator may--
    ``(i) <>  review and audit
    covered loans described in subparagraph (A);
    ``(ii) <>  access any records
    described in subparagraph (A)(iii); and
    ``(iii) in the case of fraud, ineligibility,
    or other material noncompliance with applicable
    loan or loan forgiveness requirements, modify--
    ``(I) the amount of a covered loan
    described in subparagraph (A); or
    ``(II) the loan forgiveness amount
    with respect to a covered loan described
    in subparagraph (A).
    ``(2) Covered loans of more than $150,000.--
    ``(A) In general.--With respect to a covered loan in
    an amount that is more than $150,000, the eligible
    recipient shall submit to the lender that is servicing
    the covered loan the documentation described in
    subsection (e).
    ``(B) Demographic information.--The process for
    submitting the documentation described in subsection (e)
    shall include a means by which an eligible recipient
    may, at the discretion of the eligible recipient, submit
    demographic information of the owner of the eligible
    recipient, including the sex, race, ethnicity, and
    veteran status of the owner.
    ``(3) Forgiveness audit plan.--
    ``(A) <>  In general.--Not later
    than 45 days after the date of enactment of the Economic
    Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
    Act, the Administrator shall submit to the Committee on
    Small Business and Entrepreneurship of the Senate and
    the Committee on Small Business of the House of
    Representatives an audit plan that details--
    ``(i) the policies and procedures of the
    Administrator for conducting forgiveness reviews
    and audits of covered loans; and
    ``(ii) <>  the metrics
    that the Administrator shall use to determine
    which covered loans will be audited.
    ``(B) Reports.--Not later than 30 days after the
    date on which the Administrator submits the audit plan
    required under subparagraph (A), and each month
    thereafter, the Administrator shall submit to the
    Committee on Small Business and Entrepreneurship of the
    Senate and the Committee on Small Business of the House
    of Representatives a report on the forgiveness review
    and audit activities of the Administrator under this
    subsection, which shall include--
    ``(i) the number of active reviews and audits;

    [[Page 2000]]

    ``(ii) <>  the number of
    reviews and audits that have been ongoing for more
    than 60 days; and
    ``(iii) any substantial changes made to the
    audit plan submitted under subparagraph (A).''.

    (b) <>  Effective Date; Applicability.--The
    amendments made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAYROLL COSTS.

    (a) In General.--Section 7(a)(36)(A)(viii)(I)(aa)(EE) of the Small
    Business Act (15 U.S.C. 636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by
    inserting ``or group life, disability, vision, or dental insurance''
    before ``benefits''.
    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 309. <>  DEMOGRAPHIC INFORMATION.

    On and after the date of enactment of this Act, any loan origination
    application for a loan under paragraph (36) or (37) of section 7(a) of
    the Small Business Act (15 U.S.C. 636(a)), as amended and added by this
    division, shall include a means by which the applicant for the loan may,
    at the discretion of the applicant, submit demographic information of
    the owner of the recipient of the loan, including the sex, race,
    ethnicity, and veteran status of the owner.
    SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITATIONS ON
    ELIGIBILITY.

    (a) Date in Operation.--
    (1) In general.--Section 7(a)(36) of the Small Business Act
    (15 U.S.C. 636(a)(36)) is amended by adding at the end the
    following:
    ``(T) Requirement for date in operation.--A business
    or organization that was not in operation on February
    15, 2020 shall not be eligible for a loan under this
    paragraph.''.
    (2) <>  Effective date;
    applicability.--The amendment made by paragraph (1) shall be
    effective as if included in the CARES Act (Public Law 116-136;
    134 Stat. 281) and shall apply to any loan made pursuant to
    section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.

    (b) Exclusion of Entities Receiving Shuttered Venue Operator
    Grants.--Section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)), as amended by subsection (a) of this section, is amended by
    adding at the end the following:
    ``(U) Exclusion of entities receiving shuttered
    venue operator grants.--An eligible person or entity (as
    defined under of section 24 of the Economic Aid to Hard-
    Hit Small Businesses, Nonprofits, and Venues Act)

    [[Page 2001]]

    that receives a grant under such section 24 shall not be
    eligible for a loan under this paragraph.''.
    SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
    636(a)) is amended by adding at the end the following:
    ``(37) Paycheck protection program second draw loans.--
    ``(A) Definitions.--In this paragraph--
    ``(i) the terms `eligible self-employed
    individual', `housing cooperative', `nonprofit
    organization', `payroll costs', `seasonal
    employer', and `veterans organization' have the
    meanings given those terms in paragraph (36),
    except that `eligible entity' shall be substituted
    for `eligible recipient' each place it appears in
    the definitions of those terms;
    ``(ii) the term `covered loan' means a loan
    made under this paragraph;
    ``(iii) the terms `covered mortgage
    obligation', `covered operating expenditure',
    `covered property damage cost', `covered rent
    obligation', `covered supplier cost', `covered
    utility payment', and `covered worker protection
    expenditure' have the meanings given those terms
    in section 7A(a);
    ``(iv) the term `eligible entity'--
    ``(I) <>  means
    any business concern, nonprofit
    organization, housing cooperative,
    veterans organization, Tribal business
    concern, eligible self-employed
    individual, sole proprietor, independent
    contractor, or small agricultural
    cooperative that--
    ``(aa) employs not more than
    300 employees; and
    ``(bb)(AA) except as
    provided in subitems (BB), (CC),
    and (DD), had gross receipts
    during the first, second, third,
    or, only with respect to an
    application submitted on or
    after January 1, 2021, fourth
    quarter in 2020 that demonstrate
    not less than a 25 percent
    reduction from the gross
    receipts of the entity during
    the same quarter in 2019;
    ``(BB) if the entity was not
    in business during the first or
    second quarter of 2019, but was
    in business during the third and
    fourth quarter of 2019, had
    gross receipts during the first,
    second, third, or, only with
    respect to an application
    submitted on or after January 1,
    2021, fourth quarter of 2020
    that demonstrate not less than a
    25 percent reduction from the
    gross receipts of the entity
    during the third or fourth
    quarter of 2019;
    ``(CC) if the entity was not
    in business during the first,
    second, or third quarter of
    2019, but was in business during
    the fourth quarter of 2019, had
    gross receipts during the first,
    second, third, or, only with
    respect to an application
    submitted on or after January

    [[Page 2002]]

    1, 2021, fourth quarter of 2020
    that demonstrate not less than a
    25 percent reduction from the
    gross receipts of the entity
    during the fourth quarter of
    2019; or
    ``(DD) if the entity was not
    in business during 2019, but was
    in operation on February 15,
    2020, had gross receipts during
    the second, third, or, only with
    respect to an application
    submitted on or after January 1,
    2021, fourth quarter of 2020
    that demonstrate not less than a
    25 percent reduction from the
    gross receipts of the entity
    during the first quarter of
    2020;
    ``(II) includes a business concern
    or organization made eligible for a loan
    under paragraph (36) under clause
    (iii)(II), (iv)(IV), or (vii) of
    subparagraph (D) of paragraph (36) and
    that meets the requirements described in
    items (aa) and (bb) of subclause (I);
    and
    ``(III) does not include--
    ``(aa) any entity that is a
    type of business concern (or
    would be, if such entity were a
    business concern) described in
    section 120.110 of title 13,
    Code of Federal Regulations (or
    in any successor regulation or
    other related guidance or rule
    that may be issued by the
    Administrator) other than a
    business concern described in
    subsection (a) or (k) of such
    section; or
    ``(bb) any business concern
    or entity primarily engaged in
    political or lobbying
    activities, which shall include
    any entity that is organized for
    research or for engaging in
    advocacy in areas such as public
    policy or political strategy or
    otherwise describes itself as a
    think tank in any public
    documents;
    ``(cc) any business concern
    or entity--
    ``(AA) for which an
    entity created in or
    organized under the laws of
    the People's Republic of
    China or the Special
    Administrative Region of
    Hong Kong, or that has
    significant operations in
    the People's Republic of
    China or the Special
    Administrative Region of
    Hong Kong, owns or holds,
    directly or indirectly, not
    less than 20 percent of the
    economic interest of the
    business concern or entity,
    including as equity shares
    or a capital or profit
    interest in a limited
    liability company or
    partnership; or
    ``(BB) that retains, as
    a member of the board of
    directors of the business
    concern, a person who is a
    resident of the People's
    Republic of China;
    ``(dd) any person required
    to submit a registration
    statement under section 2 of the
    Foreign Agents Registration Act
    of 1938 (22 U.S.C. 612); or

    [[Page 2003]]

    ``(ee) an eligible person or
    entity (as defined under section
    24 of the Economic Aid to Hard-
    Hit Small Businesses,
    Nonprofits, and Venues Act) that
    receives a grant under such
    section 24; and
    ``(v) <>  the term `Tribal
    business concern' means a Tribal business concern
    described in section 31(b)(2)(C).
    ``(B) Loans.--Except as otherwise provided in this
    paragraph, the Administrator may guarantee covered loans
    to eligible entities under the same terms, conditions,
    and processes as a loan made under paragraph (36).
    ``(C) Maximum loan amount.--
    ``(i) In general.--Except as otherwise
    provided in this subparagraph, the maximum amount
    of a covered loan made to an eligible entity is
    the lesser of--
    ``(I) the product obtained by
    multiplying--
    ``(aa) at the election of
    the eligible entity, the average
    total monthly payment for
    payroll costs incurred or paid
    by the eligible entity during--
    ``(AA) <>  the 1-year period
    before the date on which the
    loan is made; or
    ``(BB) calendar year
    2019; by
    ``(bb) 2.5; or
    ``(II) $2,000,000.
    ``(ii) Seasonal employers.--The maximum amount
    of a covered loan made to an eligible entity that
    is a seasonal employer is the lesser of--
    ``(I) the product obtained by
    multiplying--
    ``(aa) <>  at the election of
    the eligible entity, the average
    total monthly payments for
    payroll costs incurred or paid
    by the eligible entity for any
    12-week period between February
    15, 2019 and February 15, 2020;
    by
    ``(bb) 2.5; or
    ``(II) $2,000,000.
    ``(iii) New entities.--The maximum amount of a
    covered loan made to an eligible entity that did
    not exist during the 1-year period preceding
    February 15, 2020 is the lesser of--
    ``(I) the product obtained by
    multiplying--
    ``(aa) the quotient obtained
    by dividing--
    ``(AA) the sum of the
    total monthly payments by
    the eligible entity for
    payroll costs paid or
    incurred by the eligible
    entity as of the date on
    which the eligible entity
    applies for the covered
    loan; by
    ``(BB) the number of
    months in which those
    payroll costs were paid or
    incurred; by
    ``(bb) 2.5; or
    ``(II) $2,000,000.
    ``(iv) NAICS 72 entities.--The maximum amount
    of a covered loan made to an eligible entity that
    is assigned a North American Industry
    Classification System code beginning with 72 at
    the time of disbursal is the lesser of--

    [[Page 2004]]

    ``(I) the product obtained by
    multiplying--
    ``(aa) at the election of
    the eligible entity, the average
    total monthly payment for
    payroll costs incurred or paid
    by the eligible entity during--
    ``(AA) the 1-year period
    before the date on which the
    loan is made; or
    ``(BB) calendar year
    2019; by
    ``(bb) 3.5; or
    ``(II) $2,000,000.
    ``(D) Business concerns with more than 1 physical
    location.--
    ``(i) In general.--For a business concern with
    more than 1 physical location, the business
    concern shall be an eligible entity if the
    business concern would be eligible for a loan
    under paragraph (36) pursuant to clause (iii) of
    subparagraph (D) of such paragraph, as applied in
    accordance with clause (ii) of this subparagraph,
    and meets the revenue reduction requirements
    described in item (bb) of subparagraph (A)(iv)(I).
    ``(ii) Size limit.--For purposes of applying
    clause (i), the Administrator shall substitute
    `not more than 300 employees' for `not more than
    500 employees' in paragraph (36)(D)(iii).
    ``(E) <>  Waiver of
    affiliation rules.--
    ``(i) <>  In general.--
    The waiver described in paragraph (36)(D)(iv)
    shall apply for purposes of determining
    eligibility under this paragraph.
    ``(ii) Size limit.--For purposes of applying
    clause (i), the Administrator shall substitute
    `not more than 300 employees' for `not more than
    500 employees' in subclause (I) and (IV) of
    paragraph (36)(D)(iv).
    ``(F) Loan number limitation.--An eligible entity
    may only receive 1 covered loan.
    ``(G) Exception from certain certification
    requirements.--An eligible entity applying for a covered
    loan shall not be required to make the certification
    described in clause (iii) or (iv) of paragraph (36)(G).
    ``(H) Fee waiver.--With respect to a covered loan--
    ``(i) in lieu of the fee otherwise applicable
    under paragraph (23)(A), the Administrator shall
    collect no fee; and
    ``(ii) in lieu of the fee otherwise applicable
    under paragraph (18)(A), the Administrator shall
    collect no fee.
    ``(I) Gross receipts and simplified certification of
    revenue test.--
    ``(i) Loans of up to $150,000.--For a covered
    loan of not more than $150,000, the eligible
    entity--
    ``(I) may submit a certification
    attesting that the eligible entity meets
    the applicable revenue loss requirement
    under subparagraph (A)(iv)(I)(bb); and
    ``(II) if the eligible entity
    submits a certification under subclause
    (I), shall, on or before the date on
    which the eligible entity submits an

    [[Page 2005]]

    application for forgiveness under
    subparagraph (J), produce adequate
    documentation that the eligible entity
    met such revenue loss standard.
    ``(ii) For nonprofit and veterans
    organizations.--For purposes of calculating gross
    receipts under subparagraph (A)(iv)(I)(bb) for an
    eligible entity that is a nonprofit organization,
    a veterans organization, or an organization
    described in subparagraph (A)(iv)(II), gross
    receipts means gross receipts within the meaning
    of section 6033 of the Internal Revenue Code of
    1986.
    ``(J) Loan forgiveness.--
    ``(i) Definition of covered period.--In this
    subparagraph, the term `covered period' has the
    meaning given that term in section 7A(a).
    ``(ii) Forgiveness generally.--Except as
    otherwise provided in this subparagraph, an
    eligible entity shall be eligible for forgiveness
    of indebtedness on a covered loan in the same
    manner as an eligible recipient with respect to a
    loan made under paragraph (36) of this section, as
    described in section 7A.
    ``(iii) Forgiveness amount.--An eligible
    entity shall be eligible for forgiveness of
    indebtedness on a covered loan in an amount equal
    to the sum of the following costs incurred or
    expenditures made during the covered period:
    ``(I) <>
    Payroll costs, excluding any payroll
    costs that are--
    ``(aa) qualified wages, as
    defined in subsection (c)(3) of
    section 2301 of the CARES Act
    (26 U.S.C. 3111 note), taken
    into account in determining the
    credit allowed under such
    section; or
    ``(bb) qualified wages taken
    into account in determining the
    credit allowed under subsection
    (a) or (d) of section 303 of the
    Taxpayer Certainty and Disaster
    Relief Act of 2020.
    ``(II) Any payment of interest on
    any covered mortgage obligation (which
    shall not include any prepayment of or
    payment of principal on a covered
    mortgage obligation).
    ``(III) Any covered operations
    expenditure.
    ``(IV) Any covered property damage
    cost.
    ``(V) Any payment on any covered
    rent obligation.
    ``(VI) Any covered utility payment.
    ``(VII) Any covered supplier cost.
    ``(VIII) Any covered worker
    protection expenditure.
    ``(iv) Limitation on forgiveness for all
    eligible entities.--Subject to any reductions
    under section 7A(d), the forgiveness amount under
    this subparagraph shall be equal to the lesser
    of--
    ``(I) the amount described in clause
    (ii); and
    ``(II) the amount equal to the
    quotient obtained by dividing--

    [[Page 2006]]

    ``(aa) the amount of the
    covered loan used for payroll
    costs during the covered period;
    and
    ``(bb) 0.60.
    ``(v) Submission of materials for
    forgiveness.--For
    purposes <>  of applying
    subsection (l)(1) of section 7A to a covered loan
    of not more than $150,000 under this paragraph, an
    eligible entity may be required to provide, at the
    time of the application for forgiveness,
    documentation required to substantiate revenue
    loss in accordance with subparagraph (I).
    ``(K) Lender eligibility.--Except as otherwise
    provided in this paragraph, a lender approved to make
    loans under paragraph (36) may make covered loans under
    the same terms and conditions as in paragraph (36).
    ``(L) Reimbursement for loan processing and
    servicing.--The Administrator shall reimburse a lender
    authorized to make a covered loan--
    ``(i) for a covered loan of not more than
    $50,000, in an amount equal to the lesser of--
    ``(I) 50 percent of the balance of
    the financing outstanding at the time of
    disbursement of the covered loan; or
    ``(II) $2,500;
    ``(ii) at a rate, based on the balance of the
    financing outstanding at the time of disbursement
    of the covered loan, of--
    ``(I) 5 percent for a covered loan
    of more than $50,000 and not more than
    $350,000; and
    ``(II) 3 percent for a covered loan
    of more than $350,000.
    ``(M) <>  Publication of
    guidance.--Not later than 10 days after the date of
    enactment of this paragraph, the Administrator shall
    issue guidance addressing barriers to accessing capital
    for minority, underserved, veteran, and women-owned
    business concerns for the purpose of ensuring equitable
    access to covered loans.
    ``(N) Standard operating procedure.--The
    Administrator shall, to the maximum extent practicable,
    allow a lender approved to make covered loans to use
    existing program guidance and standard operating
    procedures for loans made under this subsection.
    ``(O) Supplemental covered loans.--A covered loan
    under this paragraph may only be made to an eligible
    entity that--
    ``(i) has received a loan under paragraph
    (36); and
    ``(ii) on or before the expected date on which
    the covered loan under this paragraph is disbursed
    to the eligible entity, has used, or will use, the
    full amount of the loan received under paragraph
    (36).''.

    (b) Application of Exemption Based on Employee Availability.--
    (1) In general.--Section 7A(d) of the Small Business Act, as
    redesignated and transferred by section 304 of this Act, is
    amended--
    (A) <>  in paragraph (5)(B), by
    inserting ``(or, with respect to a covered loan made on
    or after the date of enactment

    [[Page 2007]]

    of the Economic Aid to Hard-Hit Small Businesses,
    Nonprofits, and Venues Act, not later than the last day
    of the covered period with respect to such covered
    loan)'' after ``December 31, 2020'' each place it
    appears; and
    (B) in paragraph (7)--
    (i) by inserting ``(or, with respect to a
    covered loan made on or after the date of
    enactment of the Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act, ending on
    the last day of the covered period with respect to
    such covered loan)'' after ``December 31, 2020''
    the first and third places it appears; and
    (ii) by inserting ``(or, with respect to a
    covered loan made on or after the date of
    enactment of the Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act, on or
    before the last day of the covered period with
    respect to such covered loan)'' after ``December
    31, 2020'' the second place it appears.
    (2) <>  Modification
    of dates.--The Administrator and the Secretary of the Treasury
    may jointly, by regulation, modify any date in section 7A(d) of
    the Small Business Act, as redesignated and transferred by
    section 304 of this Act, other than a deadline established under
    an amendment made by paragraph (1), in a manner consistent with
    the purposes of the Paycheck Protection Program to help
    businesses retain workers and meet financial obligations.

    (c) <>  Eligible Churches and Religious
    Organizations.--
    (1) Sense of congress.--It is the sense of Congress that the
    interim final rule of the Administration entitled ``Business
    Loan Program Temporary Changes; Paycheck Protection Program''
    (85 Fed. Reg. 20817 (April 15, 2020)) properly clarified the
    eligibility of churches and religious organizations for loans
    made under paragraph (36) of section 7(a) of the Small Business
    Act (15 U.S.C. 636(a)).
    (2) Applicability of prohibition.--The prohibition on
    eligibility established by section 120.110(k) of title 13, Code
    of Federal Regulations, or any successor regulation, shall not
    apply to a loan under paragraph (36) of section 7(a) of the
    Small Business Act (15 U.S.C. 636(a)).
    SEC. 312. <>  INCREASED ABILITY FOR
    PAYCHECK PROTECTION PROGRAM BORROWERS TO
    REQUEST AN INCREASE IN LOAN AMOUNT DUE
    TO UPDATED REGULATIONS.

    (a) Definitions.--In this section--
    (1) the terms ``covered loan'' and ``eligible recipient''
    have the meanings given those terms in 7(a)(36)(A) of the Small
    Business Act (15 U.S.C. 636(a)(36)(A)); and
    (2) the term ``included covered loan'' means a covered loan
    for which, as of the date of enactment of this Act, the borrower
    had not received forgiveness under section 1106 of the CARES
    Act, as in effect on the day before such date of enactment.

    (b) <>  Rules or Guidance.--Not later than 17 days
    after the date of enactment of this Act, and without regard to the
    notice requirements under section 553(b) of title 5, United States Code,
    the Administrator shall issue rules or guidance to ensure that an
    eligible recipient of an included covered loan that returns

    [[Page 2008]]

    amounts disbursed under the included covered loan or does not accept the
    full amount of the included covered loan for which the eligible
    recipient was approved--
    (1) in the case of an eligible recipient that returned all
    or part of an included covered loan, the eligible recipient may
    reapply for a covered loan for an amount equal to the difference
    between the amount retained and the maximum amount applicable;
    and
    (2) in the case of an eligible recipient that did not accept
    the full amount of an included covered loan, the eligible
    recipient may request a modification to increase the amount of
    the covered loan to the maximum amount applicable, subject to
    the requirements of section 7(a)(36) of the Small Business Act
    (15 U.S.C. 636(a)(36)).

    (c) Interim Final Rules.--Notwithstanding the interim final rule
    issued by the Administration entitled ``Business Loan Program Temporary
    Changes; Paycheck Protection Program--Loan Increases'' (85 Fed. Reg.
    29842 (May 19, 2020)), an eligible recipient of an included covered loan
    that is eligible for an increased covered loan amount as a result of any
    interim final rule that allows for covered loan increases may submit a
    request for an increase in the included covered loan amount even if--
    (1) the initial covered loan amount has been fully
    disbursed; or
    (2) the lender of the initial covered loan has submitted to
    the Administration a Form 1502 report related to the covered
    loan.
    SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND
    RANCHERS UNDER THE PAYCHECK PROTECTION
    PROGRAM.

    (a) In General.--Section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)), as amended by section 310 of this Act, is amended--
    (1) in subparagraph (E), in the matter preceding clause (i),
    by striking ``During'' and inserting ``Except as provided in
    subparagraph (V), during''; and
    (2) by adding at the end the following:
    ``(V) Calculation of maximum loan amount for farmers
    and ranchers.--
    ``(i) Definition.--In this subparagraph, the
    term `covered recipient' means an eligible
    recipient that--
    ``(I) operates as a sole
    proprietorship or as an independent
    contractor, or is an eligible self-
    employed individual;
    ``(II) reports farm income or
    expenses on a Schedule F (or any
    equivalent successor schedule); and
    ``(III) was in business as of
    February 15, 2020.
    ``(ii) No employees.--With respect to covered
    recipient without employees, the maximum covered
    loan amount shall be the lesser of--
    ``(I) the sum of--
    ``(aa) the product obtained
    by multiplying--
    ``(AA) the gross income
    of the covered recipient in
    2019, as reported on a

    [[Page 2009]]

    Schedule F (or any
    equivalent successor
    schedule), that is not more
    than $100,000, divided by
    12; and
    ``(BB) 2.5; and
    ``(bb) <>  the outstanding
    amount of a loan under
    subsection (b)(2) that was made
    during the period beginning on
    January 31, 2020 and ending on
    April 3, 2020 that the borrower
    intends to refinance under the
    covered loan, not including any
    amount of any advance under the
    loan that is not required to be
    repaid; or
    ``(II) $2,000,000.
    ``(iii) With employees.--With respect to a
    covered recipient with employees, the maximum
    covered loan amount shall be calculated using the
    formula described in subparagraph (E), except that
    the gross income of the covered recipient
    described in clause (ii)(I)(aa)(AA) of this
    subparagraph, as divided by 12, shall be added to
    the sum calculated under subparagraph (E)(i)(I).
    ``(iv) Recalculation.--A lender that made a
    covered loan to a covered recipient before the
    date of enactment of this subparagraph may, at the
    request of the covered recipient--
    ``(I) recalculate the maximum loan
    amount applicable to that covered loan
    based on the formula described in clause
    (ii) or (iii), as applicable, if doing
    so would result in a larger covered loan
    amount; and
    ``(II) provide the covered recipient
    with additional covered loan amounts
    based on that recalculation.''.

    (b) <>  Effective Date; Applicability.--
    (1) In general.--Except as provided in paragraph (2), the
    amendments made by subsection (a) shall be effective as if
    included in the CARES Act (Public Law 116-136; 134 Stat. 281)
    and shall apply to any loan made pursuant to section 7(a)(36) of
    the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
    after the date of enactment of this Act, including forgiveness
    of such a loan.
    (2) Exclusion of loans already forgiven.--The amendments
    made by subsection (a) shall not apply to a loan made pursuant
    to section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) for which the borrower received forgiveness before
    the date of enactment of this Act under section 1106 of the
    CARES Act, as in effect on the day before such date of
    enactment.
    SEC. 314. <>  FARM CREDIT SYSTEM
    INSTITUTIONS.

    (a) Definition of Farm Credit System Institution.--In this section,
    the term ``Farm Credit System institution''--
    (1) means an institution of the Farm Credit System chartered
    under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); and
    (2) does not include the Federal Agricultural Mortgage
    Corporation.

    [[Page 2010]]

    (b) Facilitation of Participation in PPP and Second Draw Loans.--
    (1) Applicable rules.--Solely with respect to loans under
    paragraphs (36) and (37) of section 7(a) of the Small Business
    Act (15 U.S.C. 636(a)), Farm Credit Administration regulations
    and guidance issued as of July 14, 2020, and compliance with
    such regulations and guidance, shall be deemed functionally
    equivalent to requirements referenced in section 3(a)(iii)(II)
    of the interim final rule of the Administration entitled
    ``Business Loan Program Temporary Changes; Paycheck Protection
    Program'' (85 Fed. Reg. 20811 (April 15, 2020)) or any similar
    requirement referenced in that interim final rule in
    implementing such paragraph (37).
    (2) Applicability of certain loan requirements.--For
    purposes of making loans under paragraph (36) or (37) of section
    7(a) of the Small Business Act (15 U.S.C. 636(a)) or forgiving
    those loans in accordance with section 7A of the Small Business
    Act, as redesignated and transferred by section 304 of this Act,
    and subparagraph (J) of such paragraph (37), sections 4.13,
    4.14, and 4.14A of the Farm Credit Act of 1971 (12 U.S.C. 2199,
    2202, 2202a) (including regulations issued under those sections)
    shall not apply.
    (3) Risk weight.--
    (A) In general.--With respect to the application of
    Farm Credit Administration capital requirements, a loan
    described in subparagraph (B)--
    (i) shall receive a risk weight of zero
    percent; and
    (ii) shall not be included in the calculation
    of any applicable leverage ratio or other
    applicable capital ratio or calculation.
    (B) Loans described.--A loan referred to in
    subparagraph (A) is--
    (i) a loan made by a Farm Credit Bank
    described in section 1.2(a) of the Farm Credit Act
    of 1971 (12 U.S.C. 2002(a)) to a Federal Land Bank
    Association, a Production Credit Association, or
    an agricultural credit association described in
    that section to make loans under paragraph (36) or
    (37) of section 7(a) of the Small Business Act (15
    U.S.C. 636(a)) or forgive those loans in
    accordance with section 7A of the Small Business
    Act, as redesignated and transferred by section
    304 of this Act, and subparagraph (J) of such
    paragraph (37); or
    (ii) a loan made by a Federal Land Bank
    Association, a Production Credit Association, an
    agricultural credit association, or the bank for
    cooperatives described in section 1.2(a) of the
    Farm Credit Act of 1971 (12 U.S.C. 2002(a)) under
    paragraph (36) or (37) of section 7(a) of the
    Small Business Act (15 U.S.C. 636(a)).

    (c) Effective Date; Applicability.--This section shall be effective
    as if included in the CARES Act (Public Law 116-136; 134 Stat. 281) and
    shall apply to any loan made pursuant to section 7(a)(36) of the Small
    Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
    enactment of this Act, including forgiveness of such a loan.

    [[Page 2011]]

    SEC. 315. DEFINITION OF SEASONAL EMPLOYER.

    (a) PPP Loans.--Section 7(a)(36)(A) of the Small Business Act (15
    U.S.C. 636(a)(36)(A)) is amended--
    (1) in clause (xi), by striking ``and'' at the end;
    (2) in clause (xii), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following:
    ``(xiii) the term `seasonal employer' means an
    eligible recipient that--
    ``(I) does not operate for more than
    7 months in any calendar year; or
    ``(II) <>
    during the preceding calendar year, had
    gross receipts for any 6 months of that
    year that were not more than 33.33
    percent of the gross receipts of the
    employer for the other 6 months of that
    year;''.

    (b) Loan Forgiveness.--Paragraph (12) of section 7A(a) of the Small
    Business Act, as so redesignated and transferred by section 304 of this
    Act, is amended to read as follows:
    ``(12) the terms `payroll costs' and `seasonal employer'
    have the meanings given those terms in section 7(a)(36).''.

    (c) <>  Effective Date; Applicability.--The
    amendments made by subsections (a) and (b) shall be effective as if
    included in the CARES Act (Public Law 116-136; 134 Stat. 281) and shall
    apply to any loan made pursuant to section 7(a)(36) of the Small
    Business Act (15 U.S.C. 636(a)(36)) before, on, or after the date of
    enactment of this Act, including forgiveness of such a loan.
    SEC. 316. HOUSING COOPERATIVES.

    Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
    amended--
    (1) in subparagraph (A), as amended by section 315(a) of
    this Act, by adding at the end the following:
    ``(xiv) <>  the term
    `housing cooperative' means a cooperative housing
    corporation (as defined in section 216(b) of the
    Internal Revenue Code of 1986) that employs not
    more than 300 employees;''; and
    (2) in subparagraph (D)--
    (A) in clause (i), by inserting ``housing
    cooperative,'' before ``veterans organization,'' each
    place it appears; and
    (B) in clause (vi), by inserting ``, a housing
    cooperative,'' before ``a veterans organization''.
    SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER THE
    PAYCHECK PROTECTION PROGRAM.

    (a) Eligibility of Individual Stations, Newspapers, and Public
    Broadcasting Organizations.--Section 7(a)(36)(D)(iii) of the Small
    Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is amended--
    (1) by striking ``During the covered period'' and inserting
    the following:
    ``(I) In general.--During the
    covered period''; and
    (2) by adding at the end the following
    ``(II) Eligibility of news
    organizations.--
    ``(aa) Definition.--In this
    subclause, the term `included
    business concern' means a
    business concern, including any
    station which

    [[Page 2012]]

    broadcasts pursuant to a license
    granted by the Federal
    Communications Commission under
    title III of the Communications
    Act of 1934 (47 U.S.C. 301 et
    seq.) without regard for whether
    such a station is a concern as
    defined in section 121.105 of
    title 13, Code of Federal
    Regulations, or any successor
    thereto--
    ``(AA) that employs not
    more than 500 employees, or
    the size standard
    established by the
    Administrator for the North
    American Industry
    Classification System code
    applicable to the business
    concern, per physical
    location of such business
    concern; or
    ``(BB) any nonprofit
    organization or any
    organization otherwise
    subject to section
    511(a)(2)(B) of the Internal
    Revenue Code of 1986 that is
    a public broadcasting entity
    (as defined in section
    397(11) of the
    Communications Act of 1934
    (47 U.S.C. 397(11))).
    ``(bb) Eligibility.--During
    the covered period, an included
    business concern shall be
    eligible to receive a covered
    loan if--
    ``(AA) the included
    business concern is majority
    owned or controlled by a
    business concern that is
    assigned a North American
    Industry Classification
    System code beginning with
    511110 or 5151 or, with
    respect to a public
    broadcasting entity (as
    defined in section 397(11)
    of the Communications Act of
    1934 (47 U.S.C. 397(11))),
    has a trade or business that
    falls under such a code; and
    ``(BB) the included
    business concern makes a
    good faith certification
    that proceeds of the loan
    will be used to support
    expenses at the component of
    the included business
    concern that produces or
    distributes locally focused
    or emergency information.''.

    (b) Eligibility of Affiliated Entities.--Section 7(a)(36)(D)(iv) of
    the Small Business Act (15 U.S.C. 636(a)(36)(D)(iv)) is amended--
    (1) in subclause (II), by striking ``and'' at the end;
    (2) in subclause (III), by striking the period at the end
    and inserting ``; and''; and
    (3) by adding at the end the following:
    ``(IV)(aa) any business concern
    (including any station which broadcasts
    pursuant to a license granted by the
    Federal Communications Commission under
    title III of the Communications Act of
    1934 (47 U.S.C. 301 et seq.) without
    regard for whether such a station is a
    concern as defined in section 121.105 of
    title 13, Code of Federal Regulations,
    or any successor thereto) that employs
    not more than 500 employees, or the size

    [[Page 2013]]

    standard established by the
    Administrator for the North American
    Industry Classification System code
    applicable to the business concern, per
    physical location of such business
    concern and is majority owned or
    controlled by a business concern that is
    assigned a North American Industry
    Classification System code beginning
    with 511110 or 5151; or
    ``(bb) any nonprofit organization
    that is assigned a North American
    Industry Classification System code
    beginning with 5151.''.

    (c) Application of Prohibition on Publicly Traded Companies.--Clause
    (viii) of section 7(a)(36)(D) of the Small Business Act (15 U.S.C.
    636(a)(36)(D), as added by section 342 of this Act is amended--
    (1) by striking ``Notwithstanding'' and inserting the
    following:
    ``(I) In general.--Subject to
    subclause (II), and notwithstanding'';
    and
    (2) by adding at the end--
    ``(II) Rule for affiliated
    entities.--With respect to a business
    concern made eligible by clause
    (iii)(II) or clause (iv)(IV) of this
    subparagraph, the Administrator shall
    not consider whether any affiliated
    entity, which for purposes of this
    subclause shall include any entity that
    owns or controls such business concern,
    is an issuer.''.
    SEC. 318. ELIGIBILITY OF 501(c)(6) AND DESTINATION MARKETING
    ORGANIZATIONS FOR LOANS UNDER THE
    PAYCHECK PROTECTION PROGRAM.

    Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
    amended--
    (1) in subparagraph (A), as amended by section 316 of this
    Act, by adding at the end the following:
    ``(xv) <>  the term
    `destination marketing organization' means a
    nonprofit entity that is--
    ``(I) an organization described in
    section 501(c) of the Internal Revenue
    Code of 1986 and exempt from tax under
    section 501(a) of such Code; or
    ``(II) a State, or a political
    subdivision of a State (including any
    instrumentality of such entities)--
    ``(aa) engaged in marketing
    and promoting communities and
    facilities to businesses and
    leisure travelers through a
    range of activities, including--
    ``(AA) assisting with
    the location of meeting and
    convention sites;
    ``(BB) providing travel
    information on area
    attractions, lodging
    accommodations, and
    restaurants;
    ``(CC) providing maps;
    and
    ``(DD) organizing group
    tours of local historical,
    recreational, and cultural
    attractions; or

    [[Page 2014]]

    ``(bb) that is engaged in,
    and derives the majority of the
    operating budget of the entity
    from revenue attributable to,
    providing live events; and'';
    and
    (2) in subparagraph (D), as amended by section 316 of this
    Act--
    (A) in clause (v), by inserting ``or for purposes of
    determining the number of employees of a housing
    cooperative or a business concern or organization made
    eligible for a loan under this paragraph under clause
    (iii)(II), (iv)(IV), or (vii),'' after ``clause
    (i)(I),'';
    (B) in clause (vi), by inserting ``a business
    concern or organization made eligible for a loan under
    this paragraph under clause (vii),'' after ``a nonprofit
    organization,''; and
    (C) by adding at the end the following:
    ``(vii) Eligibility for certain 501(c)(6)
    organizations.--
    ``(I) In general.--Any organization
    that is described in section 501(c)(6)
    of the Internal Revenue Code and that is
    exempt from taxation under section
    501(a) of such Code (excluding
    professional sports leagues and
    organizations with the purpose of
    promoting or participating in a
    political campaign or other activity)
    shall be eligible to receive a covered
    loan if--
    ``(aa) the organization does
    not receive more than 15 percent
    of its receipts from lobbying
    activities;
    ``(bb) the lobbying
    activities of the organization
    do not comprise more than 15
    percent of the total activities
    of the organization;
    ``(cc) the cost of the
    lobbying activities of the
    organization did not exceed
    $1,000,000 during the most
    recent tax year of the
    organization that ended prior to
    February 15, 2020; and
    ``(dd) the organization
    employs not more than 300
    employees.
    ``(II) Destination marketing
    organizations.--Any destination
    marketing organization shall be eligible
    to receive a covered loan if--
    ``(aa) the destination
    marketing organization does not
    receive more than 15 percent of
    its receipts from lobbying
    activities;
    ``(bb) the lobbying
    activities of the destination
    marketing organization do not
    comprise more than 15 percent of
    the total activities of the
    organization;
    ``(cc) the cost of the
    lobbying activities of the
    destination marketing
    organization did not exceed
    $1,000,000 during the most
    recent tax year of the
    destination marketing
    organization that ended prior to
    February 15, 2020; and

    [[Page 2015]]

    ``(dd) the destination
    marketing organization employs
    not more than 300 employees; and
    ``(ee) the destination
    marketing organization--
    ``(AA) is described in
    section 501(c) of the
    Internal Revenue Code and is
    exempt from taxation under
    section 501(a) of such Code;
    or
    ``(BB) is a quasi-
    governmental entity or is a
    political subdivision of a
    State or local government,
    including any
    instrumentality of those
    entities.''.
    SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING
    ACTIVITIES.

    Section 7(a)(36)(F) of the Small Business Act (15 U.S.C.
    636(a)(36)(F)) is amended by adding at the end the following:
    ``(vi) Prohibition.--None of the proceeds of a
    covered loan may be used for--
    ``(I) lobbying activities, as
    defined in section 3 of the Lobbying
    Disclosure Act of 1995 (2 U.S.C. 1602);
    ``(II) lobbying expenditures related
    to a State or local election; or
    ``(III) expenditures designed to
    influence the enactment of legislation,
    appropriations, regulation,
    administrative action, or Executive
    order proposed or pending before
    Congress or any State government, State
    legislature, or local legislature or
    legislative body.''.
    SEC. 320. BANKRUPTCY PROVISIONS.

    (a) In General.--Section 364 of title 11, United States Code, is
    amended by adding at the end the following:
    ``(g)(1) The court, after notice and a hearing, may authorize a
    debtor in possession or a trustee that is authorized to operate the
    business of the debtor under section 1183, 1184, 1203, 1204, or 1304 of
    this title to obtain a loan under paragraph (36) or (37) of section 7(a)
    of the Small Business Act (15 U.S.C. 636(a)), and such loan shall be
    treated as a debt to the extent the loan is not forgiven in accordance
    with section 7A of the Small Business Act or subparagraph (J) of such
    paragraph (37), as applicable, with priority equal to a claim of the
    kind specified in subsection (c)(1) of this section.
    ``(2) The trustee may incur debt described in paragraph (1)
    notwithstanding any provision in a contract, prior order authorizing the
    trustee to incur debt under this section, prior order authorizing the
    trustee to use cash collateral under section 363, or applicable law that
    prohibits the debtor from incurring additional debt.
    ``(3) <>  The court shall hold a hearing within 7
    days after the filing and service of the motion to obtain a loan
    described in paragraph (1). Notwithstanding the Federal Rules of
    Bankruptcy Procedure, at such hearing, the court may grant relief on a
    final basis.''.

    (b) Allowance of Administrative Expenses.--Section 503(b) of title
    11, United States Code, is amended--
    (1) in paragraph (8)(B), by striking ``and'' at the end;

    [[Page 2016]]

    (2) in paragraph (9), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(10) any debt incurred under section 364(g)(1) of this
    title.''.

    (c) Confirmation of Plan for Reorganization.--Section 1191 of title
    11, United States Code, is amended by adding at the end the following:
    ``(f) Special Provision Related to COVID-19 Pandemic.--
    Notwithstanding section 1129(a)(9)(A) of this title and subsection (e)
    of this section, a plan that provides for payment of a claim of a kind
    specified in section 503(b)(10) of this title may be confirmed under
    subsection (b) of this section if the plan proposes to make payments on
    account of such claim when due under the terms of the loan giving rise
    to such claim.''.
    (d) Confirmation of Plan for Family Farmers and Fishermen.--Section
    1225 of title 11, United States Code, is amended by adding at the end
    the following:
    ``(d) Notwithstanding section 1222(a)(2) of this title and
    subsection (b)(1) of this section, a plan that provides for payment of a
    claim of a kind specified in section 503(b)(10) of this title may be
    confirmed if the plan proposes to make payments on account of such claim
    when due under the terms of the loan giving rise to such claim.''.
    (e) Confirmation of Plan for Individuals.--Section 1325 of title 11,
    United States Code, is amended by adding at the end the following:
    ``(d) Notwithstanding section 1322(a)(2) of this title and
    subsection (b)(1) of this section, a plan that provides for payment of a
    claim of a kind specified in section 503(b)(10) of this title may be
    confirmed if the plan proposes to make payments on account of such claim
    when due under the terms of the loan giving rise to such claim.''.
    (f) <>  Effective Date; Sunset.--
    (1) Effective date.--The amendments made by subsections (a)
    through (e) shall--
    (A) <>  take effect on the
    date on which the Administrator submits to the Director
    of the Executive Office for United States Trustees a
    written determination that, subject to satisfying any
    other eligibility requirements, any debtor in possession
    or trustee that is authorized to operate the business of
    the debtor under section 1183, 1184, 1203, 1204, or 1304
    of title 11, United States Code, would be eligible for a
    loan under paragraphs (36) and (37) of section 7(a) of
    the Small Business Act (15 U.S.C. 636(a)); and
    (B) <>  apply to any case
    pending on or commenced on or after the date described
    in subparagraph (A).
    (2) Sunset.--
    (A) In general.--If the amendments made by
    subsections (a) through (e) take effect under paragraph
    (1), effective on the date that is 2 years after the
    date of enactment of this Act--
    (i) section 364 of title 11, United States
    Code, is amended by striking subsection (g);
    (ii) section 503(b) of title 11, United States
    Code, is amended--

    [[Page 2017]]

    (I) in paragraph (8)(B), by adding
    ``and'' at the end;
    (II) in paragraph (9), by striking
    ``; and'' at the end and inserting a
    period; and
    (III) by striking paragraph (10);
    (iii) section 1191 of title 11, United States
    Code, is amended by striking subsection (f);
    (iv) section 1225 of title 11, United States
    Code, is amended by striking subsection (d); and
    (v) section 1325 of title 11, United States
    Code, is amended by striking subsection (d).
    (B) Applicability.--Notwithstanding the amendments
    made by subparagraph (A) of this paragraph, if the
    amendments made by subsections (a) through (e) take
    effect under paragraph (1) of this subsection, such
    amendments shall apply to any case under title 11,
    United States Code, commenced before the date that is 2
    years after the date of enactment of this Act.
    SEC. 321. <>  OVERSIGHT.

    (a) Compliance With Oversight Requirements.--
    (1) In general.--Except as provided in paragraph (2), on and
    after the date of enactment of this Act, the Administrator shall
    comply with any data or information requests or inquiries made
    by the Comptroller General of the United States not later than
    15 days (or such later date as the Comptroller General may
    specify) after receiving the request or inquiry.
    (2) <>  Exception.--If the
    Administrator is unable to comply with a request or inquiry
    described in paragraph (1) before the applicable date described
    in that paragraph, the Administrator shall, before such
    applicable date, submit to the Committee on Small Business and
    Entrepreneurship of the Senate and the Committee on Small
    Business of the House of Representatives a notification that
    includes a detailed justification for the inability of the
    Administrator to comply with the request or inquiry.

    (b) <>  Testimony.--Not later than the date
    that is 120 days after the date of enactment of this Act, and not less
    than twice each year thereafter until the date that is 2 years after the
    date of enactment of this Act, the Administrator and the Secretary of
    the Treasury shall testify before the Committee on Small Business and
    Entrepreneurship of the Senate and the Committee on Small Business of
    the House of Representatives regarding implementation of this Act and
    the amendments made by this Act.
    SEC. 322. <>  CONFLICTS OF INTEREST.

    (a) Definitions.--In this section:
    (1) Controlling interest.--The term ``controlling interest''
    means owning, controlling, or holding not less than 20 percent,
    by vote or value, of the outstanding amount of any class of
    equity interest in an entity.
    (2) Covered entity.--
    (A) Definition.--The term ``covered entity'' means
    an entity in which a covered individual directly or
    indirectly holds a controlling interest.
    (B) Treatment of securities.--For the purpose of
    determining whether an entity is a covered entity, the

    [[Page 2018]]

    securities owned, controlled, or held by 2 or more
    individuals who are related as described in paragraph
    (3)(B) shall be aggregated.
    (3) Covered individual.--The term ``covered individual''
    means--
    (A) the President, the Vice President, the head of
    an Executive department, or a Member of Congress; and
    (B) the spouse, as determined under applicable
    common law, of an individual described in subparagraph
    (A).
    (4) Executive department.--The term ``Executive department''
    has the meaning given the term in section 101 of title 5, United
    States Code.
    (5) Member of congress.--The term ``Member of Congress''
    means a Member of the Senate or House of Representatives, a
    Delegate to the House of Representatives, and the Resident
    Commissioner from Puerto Rico.
    (6) Equity interest.--The term ``equity interest'' means--
    (A) a share in an entity, without regard to whether
    the share is--
    (i) transferable; or
    (ii) classified as stock or anything similar;
    (B) a capital or profit interest in a limited
    liability company or partnership; or
    (C) a warrant or right, other than a right to
    convert, to purchase, sell, or subscribe to a share or
    interest described in subparagraph (A) or (B),
    respectively.

    (b) Requirement for Disclosure Regarding Existing Loans.--For any
    loan <> under paragraph (36) of section 7(a) of the
    Small Business Act (15 U.S.C. 636(a)) made to a covered entity before
    the date of enactment of this Act--
    (1) if, before the date of enactment of this Act, the
    covered entity submitted an application for forgiveness under
    section 1106 of the CARES Act (15 U.S.C. 9005) (as such section
    was in effect on the day before the date of enactment of this
    Act) with respect to such loan, not later than 30 days after the
    date of enactment of this Act, the principal executive officer,
    or individual performing a similar function, of the covered
    entity shall disclose to the Administrator that the entity is a
    covered entity; and
    (2) if, on or after the date of enactment of this Act, the
    covered entity submits an application for forgiveness under
    section 7A of the Small Business Act, as redesignated and
    transferred by section 304 of this Act, with respect to such
    loan, not later than 30 days after submitting the application,
    the principal executive officer, or individual performing a
    similar function, of the covered entity shall disclose to the
    Administrator that the entity is a covered entity.

    (c) Ban on New Loans.--On and after the date of enactment of this
    Act, a loan under paragraph (36) or (37) of section 7(a) of the Small
    Business Act (15 U.S.C. 636(a)), as added and amended by this Act, may
    not be made to a covered entity.
    SEC. 323. COMMITMENT AUTHORITY AND APPROPRIATIONS.

    (a) Commitment Authority.--Section 1102(b) of the CARES Act (Public
    Law 116-136) <>  is amended--
    (1) in paragraph (1)--

    [[Page 2019]]

    (A) in the paragraph heading, by inserting ``and
    second draw'' after ``PPP'';
    (B) by striking ``August 8, 2020'' and inserting
    ``March 31, 2021'';
    (C) by striking ``paragraph (36)'' and inserting
    ``paragraphs (36) and (37)''; and
    (D) by striking `` $659,000,000,000'' and inserting
    `` $806,450,000,000''; and
    (2) by adding at the end the following:
    ``(3) <>  2021 7(a) loan program level
    and funding.--Notwithstanding the amount authorized under the
    heading `Small Business Administration--Business Loans Program
    Account'under the Financial Services and General Government
    Appropriations Act, 2021 for commitments for general business
    loans authorized under paragraphs (1) through (35) of section
    7(a) of the Small Business Act (15 U.S.C. 636(a)), commitments
    for general business loans authorized under paragraphs (1)
    through (35) of section 7(a) of the Small Business Act (15
    U.S.C. 636(a)) shall not exceed $75,000,000,000 for a
    combination of amortizing term loans and the aggregated maximum
    line of credit provided by revolving loans during the period
    beginning on the date of enactment of this Act and ending on
    September 30, 2021.''.

    (b) Clarification of Secondary Market Cap.--Section 1107(b) of the
    CARES Act (15 U.S.C. 9006(b)) <>  is amended by
    inserting ``with respect to loans under any paragraph of section 7(a) of
    the Small Business Act (15 U.S.C. 636(a))'' before ``shall not exceed''.

    (c) Rescission.--With respect to unobligated balances under the
    heading ``Small Business Administration--Business Loans Program Account,
    CARES Act'' as of the day before the date of enactment of this Act,
    $146,500,000,000 shall be rescinded and deposited into the general fund
    of the Treasury.
    (d) Direct Appropriations.--
    (1) New direct appropriations for ppp loans, second draw
    loans, and the mbda.--There is appropriated, out of amounts in
    the Treasury not otherwise appropriated, for the fiscal year
    ending September 30, 2021, to remain available until expended,
    for additional amounts--
    (A) $284,450,000,000 under the heading ``Small
    Business Administration--Business Loans Program Account,
    CARES Act'', for the cost of guaranteed loans as
    authorized under paragraph (36) or (37) of section 7(a)
    of the Small Business Act (15 U.S.C. 636(a)), as amended
    and added by this Act, including the cost of any
    modifications to any loans guaranteed under such
    paragraph (36) that were approved on or before August 8,
    2020, of which--
    (i) not less than $15,000,000,000 shall be for
    guaranteeing loans under such paragraph (36) or
    (37) made by community financial institutions, as
    defined in section 7(a)(36)(A) of the Small
    Business Act (15 U.S.C. 636(a)(36)(A));
    (ii) not less than $15,000,000,000 shall be
    for guaranteeing loans under such paragraph (36)
    or (37) made by--
    (I) insured depository institutions
    (as defined in section 3 of the Federal
    Deposit Insurance Act

    [[Page 2020]]

    (12 U.S.C. 1813)) with consolidated
    assets of less than $10,000,000,000;
    (II) credit unions (as defined in
    section 7(a)(36)(A) of the Small
    Business Act (15 U.S.C. 636(a)(36)(A)))
    with consolidated assets of less than
    $10,000,000,000; or
    (III) institutions of the Farm
    Credit System chartered under the Farm
    Credit Act of 1971 (12 U.S.C. 2001 et
    seq.) with consolidated assets of less
    than $10,000,000,000 (not including the
    Federal Agricultural Mortgage
    Corporation);
    (iii) not less than $15,000,000,000 shall be
    for guaranteeing loans under paragraph (36) of
    section 7(a) of the Small Business Act (15 U.S.C.
    636(a)), as amended by this Act, that are--
    (I) made to eligible recipients with
    not more than 10 employees; or
    (II) in an amount that is not more
    than $250,000 and made to an eligible
    recipient that is located in a
    neighborhood that is a low-income
    neighborhood or a moderate-income
    neighborhood, for the purposes of the
    Community Reinvestment Act of 1977 (12
    U.S.C. 2901 et seq.);
    (iv) not less than $35,000,000,000 shall be
    for guaranteeing loans under paragraph (36) of
    section 7(a) of the Small Business Act (15 U.S.C.
    636(a)), as amended by this Act, to eligible
    recipients that have not previously received a
    loan under such paragraph (36); and
    (v) not less than $25,000,000,000 shall be for
    guaranteeing loans under paragraph (37) of section
    7(a) of the Small Business Act (15 U.S.C. 636(a)),
    as added by this Act, that are--
    (I) made to eligible entities with
    not more than 10 employees; or
    (II) in an amount that is not more
    than $250,000 and made to an eligible
    entity that is located in a neighborhood
    that is a low-income neighborhood or a
    moderate-income neighborhood, for the
    purposes of the Community Reinvestment
    Act of 1977 (12 U.S.C. 2901 et seq.);
    (B) $25,000,000 under the heading ``Department of
    Commerce--Minority Business Development Agency'' for the
    Minority Business Development Centers Program, including
    Specialty Centers, for necessary expenses, including any
    cost sharing requirements that may exist, for assisting
    minority business enterprises to prevent, prepare for,
    and respond to coronavirus, including identifying and
    accessing local, State, and Federal government
    assistance related to such virus;
    (C) $50,000,000 under the heading ``Small Business
    Administration--Salaries and Expenses'' for the cost of
    carrying out reviews and audits of loans under
    subsection (l) of section 7A of the Small Business Act,
    as redesignated, transferred, and amended by this Act;

    [[Page 2021]]

    (D) $20,000,000,000 under the heading ``Small
    Business Administration--Targeted EIDL Advance'' to
    carry out section 331 of this Act, of which $20,000,000
    shall be made available to the Inspector General of the
    Small Business Administration to prevent waste, fraud,
    and abuse with respect to funding made available under
    that section;
    (E) $57,000,000 for the program established under
    section 7(m) of the Small Business Act (15 U.S.C.
    636(m)) of which--
    (i) $50,000,000 shall be to provide technical
    assistance grants under such section 7(m) under
    the heading ``Small Business Administration--
    Entrepreneurial Development Programs''; and
    (ii) $7,000,000 shall be to provide direct
    loans under such section 7(m) under the heading
    ``Small Business Administration--Business Loans
    Program Account'';
    (F) $1,918,000,000 under the heading ``Small
    Business Administration--Business Loans Program
    Account'' for the cost of guaranteed loans as authorized
    by paragraphs (1) through (35) of section 7(a) of the
    Small Business Act (15 U.S.C. 636(a)), including the
    cost of carrying out sections 326, 327, and 328 of this
    Act;
    (G) $3,500,000,000 under the heading ``Small
    Business Administration--Business Loans Program Account,
    CARES Act'' for carrying out section 325 of this Act;
    and
    (H) $15,000,000,000 under the heading ``Small
    Business Administration--Shuttered Venue Operators'' to
    carry out section 324 of this Act.
    (2) Modification of set-asides.--
    (A) In general.--Notwithstanding paragraph (1)(A),
    if the Administrator makes the determination described
    in subparagraph (B) of this paragraph, the Administrator
    may reduce the amount of any allocation under paragraph
    (1)(A) to be such amount as the Administrator may
    determine necessary.
    (B) Requirements for determination.--The
    determination described in this subparagraph is a
    determination by the Administrator that--
    (i) <>  is not made
    earlier than 25 days after the date of enactment
    of this Act;
    (ii) it is not reasonably expected that a type
    of entity described in paragraph (1)(A) will make,
    or receive, as applicable, the minimum amount of
    loans necessary to meet the applicable allocation
    under paragraph(1)(A); and
    (iii) <>  it is reasonably
    expected that the total amount of loans guaranteed
    under paragraph (36) or (37) of section 7(a) of
    the Small Business Act (15 U.S.C. 636(a)), as
    amended and added by this Act, will equal
    substantially all of the amount permitted by
    available funds by March 31, 2021.
    (3) Appropriations for the office of inspector general.--
    (A) <>  In
    general.--Effective on the date of enactment of this
    Act, the remaining unobligated balances of funds

    [[Page 2022]]

    from amounts made available for ``Small Business
    Administration--Office of Inspector General'' under
    section 1107(a)(3) of the CARES Act (15 U.S.C.
    9006(a)(3)), are hereby rescinded.
    (B) Funding.--
    (i) In general.--There is appropriated, for an
    additional amount, for the fiscal year ending
    September 30, 2021, out of amounts in the Treasury
    not otherwise appropriated, an amount equal to the
    amount rescinded under subparagraph (A), to remain
    available until expended, under the heading
    ``Small Business Administration--Office of
    Inspector General''.
    (ii) Use of funds.--The amounts made available
    under clause (i) shall be available for the same
    purposes, in addition to other funds as may be
    available for such purposes, and under the same
    authorities as the amounts made available under
    section 1107(a)(3) of the CARES Act (15 U.S.C.
    9006(a)(3)).
    SEC. 324. <>  GRANTS FOR SHUTTERED VENUE
    OPERATORS.

    (a) Definitions.--In this section:
    (1) Eligible person or entity.--
    (A) In general.--The term ``eligible person or
    entity'' means a live venue operator or promoter,
    theatrical producer, or live performing arts
    organization operator, a relevant museum operator, a
    motion picture theatre operator, or a talent
    representative that meets the following requirements:
    (i) The live venue operator or promoter,
    theatrical producer, or live performing arts
    organization operator, the relevant museum
    operator, the motion picture theatre operator, or
    the talent representative--
    (I) was fully operational as a live
    venue operator or promoter, theatrical
    producer, or live performing arts
    organization operator, a relevant museum
    operator, a motion picture theatre
    operator, or a talent representative on
    February 29, 2020; and
    (II) <>  has
    gross earned revenue during the first,
    second, third, or, only with respect to
    an application submitted on or after
    January 1, 2021, fourth quarter in 2020
    that demonstrates not less than a 25
    percent reduction from the gross earned
    revenue of the live venue operator or
    promoter, theatrical producer, or live
    performing arts organization operator,
    the relevant museum operator, the motion
    picture theatre operator, or the talent
    representative during the same quarter
    in 2019.
    (ii) As of the date of the grant under this
    section--
    (I) the live venue operator or
    promoter, theatrical producer, or live
    performing arts organization operator is
    or intends to resume organizing,
    promoting, producing, managing, or
    hosting future live events described in
    paragraph (3)(A)(i);
    (II) the motion picture theatre
    operator is open or intends to reopen
    for the primary purpose of public
    exhibition of motion pictures;

    [[Page 2023]]

    (III) the relevant museum operator
    is open or intends to reopen; or
    (IV) the talent representative is
    representing or managing artists and
    entertainers.
    (iii) The venues at which the live venue
    operator or promoter, theatrical producer, or live
    performing arts organization operator promotes,
    produces, manages, or hosts events described in
    paragraph (3)(A)(i) or the artists and
    entertainers represented or managed by the talent
    representative perform have the following
    characteristics:
    (I) A defined performance and
    audience space.
    (II) Mixing equipment, a public
    address system, and a lighting rig.
    (III) Engages 1 or more individuals
    to carry out not less than 2 of the
    following roles:
    (aa) A sound engineer.
    (bb) A booker.
    (cc) A promoter.
    (dd) A stage manager.
    (ee) Security personnel.
    (ff) A box office manager.
    (IV) There is a paid ticket or cover
    charge to attend most performances and
    artists are paid fairly and do not play
    for free or solely for tips, except for
    fundraisers or similar charitable
    events.
    (V) For a venue owned or operated by
    a nonprofit entity that produces free
    events, the events are produced and
    managed primarily by paid employees, not
    by volunteers.
    (VI) Performances are marketed
    through listings in printed or
    electronic publications, on websites, by
    mass email, or on social media.
    (iv) A motion picture theatre or motion
    picture theatres operated by the motion picture
    theatre operator have the following
    characteristics:
    (I) At least 1 auditorium that
    includes a motion picture screen and
    fixed audience seating.
    (II) A projection booth or space
    containing not less than 1 motion
    picture projector.
    (III) A paid ticket charge to attend
    exhibition of motion pictures.
    (IV) Motion picture exhibitions are
    marketed through showtime listings in
    printed or electronic publications, on
    websites, by mass mail, or on social
    media.
    (v) The relevant museum or relevant museums
    for which the relevant museum operator is seeking
    a grant under this section have the following
    characteristics:
    (I) Serving as a relevant museum as
    its principal business activity.
    (II) Indoor exhibition spaces that
    are a component of the principal
    business activity and which have been
    subjected to pandemic-related occupancy
    restrictions.

    [[Page 2024]]

    (III) At least 1 auditorium,
    theater, or performance or lecture hall
    with fixed audience seating and regular
    programming.
    (vi)(I) The live venue operator or promoter,
    theatrical producer, or live performing arts
    organization operator, the relevant museum
    operator, the motion picture theatre operator, or
    the talent representative does not have, or is not
    majority owned or controlled by an entity with,
    any of the following characteristics:
    (aa) Being an issuer, the securities
    of which are listed on a national
    securities exchange.
    (bb) Receiving more than 10 percent
    of gross revenue from Federal funding
    during 2019, excluding amounts received
    by the live venue operator or promoter,
    theatrical producer, or live performing
    arts organization operator, the relevant
    museum operator, the motion picture
    theatre operator, or the talent
    representative under the Robert T.
    Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.).
    (II) The live venue operator or promoter,
    theatrical producer, or live performing arts
    organization operator, the relevant museum
    operator, the motion picture theatre operator, or
    the talent representative does not have, or is not
    majority owned or controlled by an entity with,
    more than 2 of the following characteristics:
    (aa) Owning or operating venues,
    relevant museums, motion picture
    theatres, or talent agencies or talent
    management companies in more than 1
    country.
    (bb) Owning or operating venues,
    relevant museums, motion picture
    theatres, or talent agencies or talent
    management companies in more than 10
    States.
    (cc) Employing more than 500
    employees as of February 29, 2020,
    determined on a full-time equivalent
    basis in accordance with subparagraph
    (C).
    (III) The live venue operator or promoter,
    theatrical producer, or live performing arts
    organization operator, the relevant museum
    operator, the motion picture theatre operator, or
    the talent representative has not received, on or
    after the date of enactment of this Act, a loan
    guaranteed under paragraph (36) or (37) of section
    7(a) of the Small Business Act (15 U.S.C. 636(a)),
    as amended and added by this division.
    (IV) <>  For purposes of
    applying the characteristics described in
    subclauses (I), (II), and (III) to an entity owned
    by a State or a political subdivision of a State,
    the relevant entity--
    (aa) shall be the live venue
    operator or promoter, theatrical
    producer, or live performing arts
    organization operator, the relevant
    museum operator, the motion picture
    theatre operator, or the talent
    representative; and

    [[Page 2025]]

    (bb) shall not include entities of
    the State or political subdivision other
    than the live venue operator or
    promoter, theatrical producer, or live
    performing arts organization operator,
    the relevant museum operator, the motion
    picture theatre operator, or the talent
    representative.
    (B) Exclusion.--The term ``eligible person or
    entity'' shall not include a live venue operator or
    promoter, theatrical producer, or live performing arts
    organization operator, a relevant museum operator, a
    motion picture theatre operator, or a talent
    representative that--
    (i) presents live performances of a prurient
    sexual nature; or
    (ii) derives, directly or indirectly, more
    than de minimis gross revenue through the sale of
    products or services, or the presentation of any
    depictions or displays, of a prurient sexual
    nature.
    (C) <>  Calculation of full-
    time employees.--For purposes of determining the number
    of full-time equivalent employees under subparagraph
    (A)(vi)(II)(cc) of this paragraph and under paragraph
    (2)(E)--
    (i) any employee working not fewer than 30
    hours per week shall be considered a full-time
    employee; and
    (ii) any employee working not fewer than 10
    hours and fewer than 30 hours per week shall be
    counted as one-half of a full-time employee.
    (D) Multiple business entities.--Each business
    entity of an eligible person or entity that also meets
    the requirements under subparagraph (A) and that is not
    described in subparagraph (B) shall be treated by the
    Administrator as an independent, non-affiliated entity
    for the purposes of this section.
    (2) Exchange; issuer; security.--The terms ``exchange'',
    ``issuer'', and ``security'' have the meanings given those terms
    in section 3(a) of the Securities Exchange Act of 1934 (15
    U.S.C. 78c(a)).
    (3) Live venue operator or promoter, theatrical producer, or
    live performing arts organization operator.--The term ``live
    venue operator or promoter, theatrical producer, or live
    performing arts organization operator''--
    (A) means--
    (i) an individual or entity--
    (I) that, as a principal business
    activity, organizes, promotes, produces,
    manages, or hosts live concerts, comedy
    shows, theatrical productions, or other
    events by performing artists for which--
    (aa) a cover charge through
    ticketing or front door entrance
    fee is applied; and
    (bb) performers are paid in
    an amount that is based on a
    percentage of sales, a guarantee
    (in writing or standard
    contract), or another mutually
    beneficial formal agreement; and

    [[Page 2026]]

    (II) for which not less than 70
    percent of the earned revenue of the
    individual or entity is generated
    through, to the extent related to a live
    event described in subclause (I), cover
    charges or ticket sales, production fees
    or production reimbursements, nonprofit
    educational initiatives, or the sale of
    event beverages, food, or merchandise;
    or
    (ii) an individual or entity that, as a
    principal business activity, makes available for
    purchase by the public an average of not less than
    60 days before the date of the event tickets to
    events--
    (I) described in clause (i)(I); and
    (II) for which performers are paid
    in an amount that is based on a
    percentage of sales, a guarantee (in
    writing or standard contract), or
    another mutually beneficial formal
    agreement; and
    (B) includes an individual or entity described in
    subparagraph (A) that--
    (i) operates for profit;
    (ii) is a nonprofit organization;
    (iii) is government-owned; or
    (iv) is a corporation, limited liability
    company, or partnership or operated as a sole
    proprietorship.
    (4) Motion picture theatre operator.--The term ``motion
    picture theatre operator'' means an individual or entity that--
    (A) as the principal business activity of the
    individual or entity, owns or operates at least 1 place
    of public accommodation for the purpose of motion
    picture exhibition for a fee; and
    (B) includes an individual or entity described in
    subparagraph (A) that--
    (i) operates for profit;
    (ii) is a nonprofit organization;
    (iii) is government-owned; or
    (iv) is a corporation, limited liability
    company, or partnership or operated as a sole
    proprietorship.
    (5) National securities exchange.--The term ``national
    securities exchange'' means an exchange registered as a national
    securities exchange under section 6 of the Securities Exchange
    Act of 1934 (15 U.S.C. 78f).
    (6) Nonprofit.--The term ``nonprofit'', with respect to an
    organization, means that the organization is exempt from
    taxation under section 501(a) of the Internal Revenue Code of
    1986.
    (7) Relevant museum.--The term ``relevant museum''--
    (A) has the meaning given the term ``museum'' in
    section 273 of the Museum and Library Services Act (20
    U.S.C. 9172); and
    (B) shall not include any entity that is organized
    as a for-profit entity.
    (8) Seasonal employer.--The term ``seasonal employer'' has
    the meaning given that term in subparagraph (A) of section
    7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as
    amended by this Act.
    (9) State.--The term ``State'' means--

    [[Page 2027]]

    (A) a State;
    (B) the District of Columbia;
    (C) the Commonwealth of Puerto Rico; and
    (D) any other territory or possession of the United
    States.
    (10) Talent representative.--The term ``talent
    representative''--
    (A) means an agent or manager that--
    (i) as not less than 70 percent of the
    operations of the agent or manager, is engaged in
    representing or managing artists and entertainers;
    (ii) books or represents musicians, comedians,
    actors, or similar performing artists primarily at
    live events in venues or at festivals; and
    (iii) represents performers described in
    clause (ii) that are paid in an amount that is
    based on the number of tickets sold, or a similar
    basis; and
    (B) includes an agent or manager described in
    subparagraph (A) that--
    (i) operates for profit;
    (ii) is a nonprofit organization;
    (iii) is government-owned; or
    (iv) is a corporation, limited liability
    company, or partnership or operated as a sole
    proprietorship.

    (b) Authority.--
    (1) In general.--
    (A) <>  Administration.--The
    Associate Administrator for the Office of Disaster
    Assistance of the Administration shall coordinate and
    formulate policies relating to the administration of
    grants made under this section.
    (B) Certification of need.--An eligible person or
    entity applying for a grant under this section shall
    submit a good faith certification that the uncertainty
    of current economic conditions makes necessary the grant
    to support the ongoing operations of the eligible person
    or entity.
    (2) Initial grants.--
    (A) In general.--The Administrator may make initial
    grants to eligible persons or entities in accordance
    with this section.
    (B) <>  Initial priorities for
    awarding grants.--
    (i) First priority in awarding grants.--During
    the initial 14-day period during which the
    Administrator awards grants under this paragraph,
    the Administrator shall only award grants to an
    eligible person or entity with revenue, during the
    period beginning on April 1, 2020 and ending on
    December 31, 2020, that is not more than 10
    percent of the revenue of the eligible person or
    entity during the period beginning on April 1,
    2019 and ending on December 31, 2019, due to the
    COVID-19 pandemic.
    (ii) Second priority in awarding grants.--
    During the 14-day period immediately following the
    14-day period described in clause (i), the
    Administrator shall only award grants to an
    eligible person or entity with revenue, during the
    period beginning on April 1, 2020 and ending on
    December 31, 2020, that is not more than 30
    percent of the revenue of the eligible

    [[Page 2028]]

    person or entity during the period beginning on
    April 1, 2019 and ending on December 31, 2019, due
    to the COVID-19 pandemic.
    (iii) Determination of revenue.--For purposes
    of clauses (i) and (ii)--
    (I) any amounts received by an
    eligible person or entity under the
    CARES Act (Public Law 116-136; 134 Stat.
    281) or an amendment made by the CARES
    Act shall not be counted as revenue of
    an eligible person or entity;
    (II) the Administrator shall use an
    accrual method of accounting for
    determining revenue; and
    (III) the Administrator may use
    alternative methods to establish revenue
    losses for an eligible person or entity
    that is a seasonal employer and that
    would be adversely impacted if January,
    February, and March are excluded from
    the calculation of year-over-year
    revenues.
    (iv) Limit on use of amounts for priority
    applicants.--The Administrator <>  may use not more than 80 percent of the
    amounts appropriated under section 323(d)(1)(H) of
    this Act to carry out this section to make initial
    grants under this paragraph to eligible persons or
    entities described in clause (i) or (ii) of this
    subparagraph that apply for a grant under this
    paragraph during the initial 28-day period during
    which the Administrator awards grants under this
    paragraph.
    (C) Grants after priority periods.--After the end of
    the initial 28-day period during which the Administrator
    awards grants under this paragraph, the Administrator
    may award an initial grant to any eligible person or
    entity.
    (D) Limits on number of initial grants to
    affiliates.--Not more than 5 business entities of an
    eligible person or entity that would be considered
    affiliates under the affiliation rules of the
    Administration may receive a grant under this paragraph.
    (E) Set-aside for small employers.--
    (i) In general.--Subject to clause (ii), not
    less than $2,000,000,000 of the total amount of
    grants made available under this paragraph shall
    be awarded to eligible persons or entities which
    employ not more than 50 full-time employees,
    determined in accordance with subsection
    (a)(1)(C).
    (ii) Time limit.--Clause (i) shall not apply
    on and after the date that is 60 days after the
    Administrator begins awarding grants under this
    section and, on and after such date, amounts
    available for grants under this section may be
    used for grants under this section to any eligible
    person or entity.
    (3) Supplemental grants.--
    (A) <>  In general.--Subject to
    subparagraph (B), the Administrator may make a
    supplemental grant in accordance with this section to an
    eligible person or entity that receives a grant under
    paragraph (2) if, as of April 1, 2021, the revenues of
    the eligible person or entity for the most recent
    calendar quarter are not more than 30

    [[Page 2029]]

    percent of the revenues of the eligible person or entity
    for the corresponding calendar quarter during 2019 due
    to the COVID-19 pandemic.
    (B) Processing timely initial grant applications
    first.--The Administrator <>  may
    not award a supplemental grant under subparagraph (A)
    until the Administrator has completed processing
    (including determining whether to award a grant) each
    application for an initial grant under paragraph (2)
    that is submitted by an eligible person or entity on or
    before the date that is 60 days after the date on which
    the Administrator begins accepting such applications.
    (4) Certification.--An eligible person or entity applying
    for a grant under this section that is an eligible business
    described in the matter preceding subclause (I) of section
    4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 9042(c)(3)(D)(i)),
    shall make a good-faith certification described in subclauses
    (IX) and (X) of such section.

    (c) Amount.--
    (1) Initial grants.--
    (A) In general.--A grant under subsection (b)(2)
    shall be in the amount equal to the lesser of--
    (i)(I) for an eligible person or entity that
    was in operation on January 1, 2019, the amount
    equal to 45 percent of the gross earned revenue of
    the eligible person or entity during 2019; or
    (II) for an eligible person or entity that
    began operations after January 1, 2019, the amount
    equal to the product obtained by multiplying--
    (aa) the average monthly gross
    earned revenue for each full month
    during which the eligible person or
    entity was in operation during 2019; by
    (bb) 6; or
    (ii) $10,000,000.
    (B) Application to relevant museum operators.--A
    relevant museum operator may not receive grants under
    subsection (b)(2) in a total amount that is more than
    $10,000,000 with respect to all relevant museums
    operated by the relevant museum operator.
    (2) Supplemental grants.--A grant under subsection (b)(3)
    shall be in the amount equal to 50 percent of the grant received
    by the eligible person or entity under subsection (b)(2).
    (3) Overall maximums.--The total amount of grants received
    under paragraphs (2) and (3) of subsection (b) by an eligible
    person or entity shall be not more than $10,000,000.

    (d) Use of Funds.--
    (1) Timing.--
    (A) Expenses incurred.--
    (i) In general.--Except as provided in clause
    (ii), amounts received under a grant under this
    section may be used for costs incurred during the
    period beginning on March 1, 2020, and ending on
    December 31, 2021.
    (ii) Extension for supplemental grants.--If an
    eligible person or entity receives a grant under
    subsection (b)(3), amounts received under either
    grant under this section may be used for costs
    incurred

    [[Page 2030]]

    during the period beginning on March 1, 2020, and
    ending on June 30, 2022.
    (B) <>  Expenditure.--
    (i) In general.--Except as provided in clause
    (ii), an eligible person or entity shall return to
    the Administrator any amounts received under a
    grant under this section that are not expended on
    or before the date that is 1 year after the date
    of disbursement of the grant.
    (ii) Extension for supplemental grants.--If an
    eligible person or entity receives a grant under
    subsection (b)(3), the eligible person or entity
    shall return to the Administrator any amounts
    received under either grant under this section
    that are not expended on or before the date that
    is 18 months after the date of disbursement to the
    eligible person or entity of the grant under
    subsection (b)(2).
    (2) Allowable expenses.--
    (A) Definitions.--In this paragraph--
    (i) the terms ``covered mortgage obligation'',
    ``covered rent obligation'', ``covered utility
    payment'', and ``covered worker protection
    expenditure'' have the meanings given those terms
    in section 7A(a) of the Small Business Act, as
    redesignated, transferred, and amended by this
    Act; and
    (ii) the term ``payroll costs'' has the
    meaning given that term in section 7(a)(36)(A) of
    the Small Business Act (15 U.S.C. 636(a)(36)(A).
    (B) Expenses.--An eligible person or entity may use
    amounts received under a grant under this section for--
    (i) payroll costs;
    (ii) payments on any covered rent obligation;
    (iii) any covered utility payment;
    (iv) scheduled payments of interest or
    principal on any covered mortgage obligation
    (which shall not include any prepayment of
    principal on a covered mortgage obligation);
    (v) scheduled payments of interest or
    principal on any indebtedness or debt instrument
    (which shall not include any prepayment of
    principal) incurred in the ordinary course of
    business that is a liability of the eligible
    person or entity and was incurred prior to
    February 15, 2020;
    (vi) covered worker protection expenditures;
    (vii) payments made to independent
    contractors, as reported on Form-1099 MISC, not to
    exceed a total of $100,000 in annual compensation
    for any individual employee of an independent
    contractor; and
    (viii) other ordinary and necessary business
    expenses, including--
    (I) maintenance expenses;
    (II) administrative costs, including
    fees and licensing costs;
    (III) State and local taxes and
    fees;
    (IV) operating leases in effect as
    of February 15, 2020;

    [[Page 2031]]

    (V) payments required for insurance
    on any insurance policy; and
    (VI) advertising, production
    transportation, and capital expenditures
    related to producing a theatrical or
    live performing arts production,
    concert, exhibition, or comedy show,
    except that a grant under this section
    may not be used primarily for such
    expenditures.
    (3) Prohibited expenses.--An eligible person or entity may
    not use amounts received under a grant under this section--
    (A) to purchase real estate;
    (B) for payments of interest or principal on loans
    originated after February 15, 2020;
    (C) to invest or re-lend funds;
    (D) for contributions or expenditures to, or on
    behalf of, any political party, party committee, or
    candidate for elective office; or
    (E) for any other use as may be prohibited by the
    Administrator.

    (e) Increased Oversight of Shuttered Venue Operator Grants.--The
    Administrator shall increase oversight of eligible persons and entities
    receiving grants under this section, which may include the following:
    (1) <>  Documentation.--
    Additional documentation requirements that are consistent with
    the eligibility and other requirements under this section,
    including requiring an eligible person or entity that receives a
    grant under this section to retain records that document
    compliance with the requirements for grants under this section--
    (A) with respect to employment records, for the 4-
    year period following receipt of the grant; and
    (B) with respect to other records, for the 3-year
    period following receipt of the grant.
    (2) Reviews of use.--Reviews of the use of the grant
    proceeds by an eligible person or entity to ensure compliance
    with requirements established under this section and by the
    Administrator, including that the Administrator may--
    (A) <>  review and audit grants under
    this section; and
    (B) in the case of fraud or other material
    noncompliance with respect to a grant under this
    section--
    (i) require repayment of misspent funds; or
    (ii) pursue legal action to collect funds.

    (f) Shuttered Venue Oversight and Audit Plan.--
    (1) <>  In general.--Not later than 45 days
    after the date of enactment of this Act, the Administrator shall
    submit to the Committee on Small Business and Entrepreneurship
    of the Senate and the Committee on Small Business of the House
    of Representatives an audit plan that details--
    (A) <>  the policies and
    procedures of the Administrator for conducting oversight
    and audits of grants under this section; and
    (B) <>  the metrics that the
    Administrator shall use to determine which grants under
    this section will be audited pursuant to subsection (e).
    (2) <>  Reports.--Not later
    than 60 days after the date of enactment of this Act, and each
    month thereafter until the

    [[Page 2032]]

    date that is 1 year after the date on which all amounts made
    available under section 323(d)(1)(H) of this Act have been
    expended, the Administrator shall submit to the Committee on
    Small Business and Entrepreneurship of the Senate and the
    Committee on Small Business of the House of Representatives a
    report on the oversight and audit activities of the
    Administrator under this subsection, which shall include--
    (A) the total number of initial grants approved and
    disbursed;
    (B) the total amount of grants received by each
    eligible person or entity, including any supplemental
    grants;
    (C) the number of active investigations and audits
    of grants under this section;
    (D) the number of completed reviews and audits of
    grants under this section, including a description of
    any findings of fraud or other material noncompliance.
    (E) any substantial changes made to the oversight
    and audit plan submitted under paragraph (1).
    SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.

    (a) <>  In General.--Section 1112 of the CARES
    Act (15 U.S.C. 9011) is amended--
    (1) in subsection (c)--
    (A) by striking paragraph (1) and inserting the
    following:
    ``(1) <>  In general.--
    Subject to the other provisions of this section, the
    Administrator shall pay the principal, interest, and any
    associated fees that are owed on a covered loan in a regular
    servicing status, without regard to the date on which the
    covered loan is fully disbursed, and subject to availability of
    funds, as follows:
    ``(A) With respect to a covered loan made before the
    date of enactment of this Act and not on deferment, the
    Administrator shall make those payments as follows:
    ``(i) The Administrator shall make those
    payments for the 6-month period beginning with the
    next payment due on the covered loan.
    ``(ii) In addition to the payments under
    clause (i)--
    ``(I) with respect to a covered loan
    other than a covered loan described in
    paragraph (1)(A)(i) or (2) of subsection
    (a), the Administrator shall make those
    payments for--
    ``(aa) the 3-month period
    beginning with the first payment
    due on the covered loan on or
    after February 1, 2021; and
    ``(bb) an additional 5-month
    period immediately following the
    end of the 3-month period
    provided under item (aa) if the
    covered loan is made to a
    borrower that, according to
    records of the Administration,
    is assigned a North American
    Industry Classification System
    code beginning with 61, 71, 72,
    213, 315, 448, 451, 481, 485,
    487, 511, 512, 515, 532, or 812;
    and
    ``(II) with respect to a covered
    loan described in paragraph (1)(A)(i) or
    (2) of subsection (a), the Administrator
    shall make those payments for the

    [[Page 2033]]

    8-month period beginning with the first
    payment due on the covered loan on or
    after February 1, 2021.
    ``(B) With respect to a covered loan made before the
    date of enactment of this Act and on deferment, the
    Administrator shall make those payments as follows:
    ``(i) The Administrator shall make those
    payments for the 6-month period beginning with the
    next payment due on the covered loan after the
    deferment period.
    ``(ii) In addition to the payments under
    clause (i)--
    ``(I) with respect to a covered loan
    other than a covered loan described in
    paragraph (1)(A)(i) or (2) of subsection
    (a), the Administrator shall make those
    payments for--
    ``(aa) the 3-month period
    (beginning on or after February
    1, 2021) beginning with the
    later of--
    ``(AA) the next payment
    due on the covered loan
    after the deferment period;
    or
    ``(BB) the first month
    after the Administrator has
    completed the payments under
    clause (i); and
    ``(bb) an additional 5-month
    period immediately following the
    end of the 3-month period
    provided under item (aa) if the
    covered loan is made to a
    borrower that, according to
    records of the Administration,
    is assigned a North American
    Industry Classification System
    code beginning with 61, 71, 72,
    213, 315, 448, 451, 481, 485,
    487, 511, 512, 515, 532, or 812;
    and
    ``(II) <>
    with respect to a loan described in
    paragraph (1)(A)(i) or (2) of subsection
    (a), the 8-month period (beginning on or
    after February 1, 2021) beginning with
    the later of--
    ``(aa) the next payment due
    on the covered loan after the
    deferment period; or
    ``(bb) the first month after
    the payments under clause (i)
    are complete.
    ``(C) With respect to a covered loan made during the
    period beginning on the date of enactment of this Act
    and ending on the date that is 6 months after such date
    of enactment, for the 6-month period beginning with the
    first payment due on the covered loan.
    ``(D) With respect to a covered loan approved during
    the period beginning on February 1, 2021, and ending on
    September 30, 2021, for the 6-month period beginning
    with the first payment due on the covered loan.''; and
    (B) by adding at the end the following:
    ``(4) Limitation.--
    ``(A) In general.--No single monthly payment of
    principal, interest, and associated fees made by the
    Administrator under subparagraph (A)(ii), (B)(ii), or
    (D) of paragraph (1) with respect to a covered loan may
    be in a total amount that is more than $9,000.

    [[Page 2034]]

    ``(B) Treatment of additional amounts owed.--If, for
    a month, the total amount of principal, interest, and
    associated fees that are owed on a covered loan for
    which the Administration makes payments under paragraph
    (1) is more than $9,000 the Administrator may require
    the lender with respect to the covered loan to add the
    amount by which those costs exceed $9,000 for that month
    as interest to be paid by the borrower with respect to
    the covered loan at the end of the loan period.
    ``(5) Additional provisions for new loans.--With respect to
    a loan described in paragraph (1)(C)--
    ``(A) the Administrator may further extend the
    period described in paragraph (1)(C) if there are
    sufficient funds to continue those payments; and
    ``(B) during the underwriting process, a lender of
    such a loan may consider the payments under this section
    as part of a comprehensive review to determine the
    ability to repay over the entire period of maturity of
    the loan.
    ``(6) Eligibility.--Eligibility for a covered loan to
    receive such payments of principal, interest, and any associated
    fees under this subsection shall be based on the date on which
    the covered loan is approved by the Administration.
    ``(7) Authority to revise extensions.--
    ``(A) In general.--The Administrator shall monitor
    whether amounts made available to make payments under
    this subsection are sufficient to make the payments for
    the periods described in paragraph (1).
    ``(B) <>  Plan.--If the
    Administrator determines under subparagraph (A) that the
    amounts made available to make payments under this
    subsection are insufficient, the Administrator shall--
    ``(i) develop a plan to proportionally reduce
    the number of months provided for each period
    described in paragraph (1), while ensuring all
    amounts made available to make payments under this
    subsection are fully expended; and
    ``(ii) before taking action under the plan
    developed under clause (i), submit to Congress a
    report regarding the plan, which shall include the
    data that informs the plan.
    ``(8) Additional requirements.--With respect to the payments
    made under this subsection--
    ``(A) no lender may charge a late fee to a borrower
    with respect to a covered loan during any period in
    which the Administrator makes payments with respect to
    the covered loan under paragraph (1); and
    ``(B) <>  the Administrator shall,
    with respect to a covered loan, make all payments with
    respect to the covered loan under paragraph (1) not
    later than the 15th day of the applicable month.
    ``(9) Rule of construction.--Except as provided in paragraph
    (4), nothing in this subsection may be construed to preclude a
    borrower from receiving full payments of principal, interest,
    and any associated fees authorized under this subsection with
    respect to a covered loan.'';
    (2) by redesignating subsection (f) as subsection (i); and
    (3) by inserting after subsection (e) the following:

    [[Page 2035]]

    ``(f) Eligibility for New Loans.--For each individual lending
    program under this section, the Administrator may establish a minimum
    loan maturity period, taking into consideration the normal underwriting
    requirements for each such program, with the goal of preventing abuse
    under the program.
    ``(g) Limitation on Assistance.--A borrower may not receive
    assistance under subsection (c) for more than 1 covered loan of the
    borrower described in paragraph (1)(C) of that subsection.
    ``(h) <>  Reporting and Outreach.--
    ``(1) Updated information.--
    ``(A) <>  In general.--
    Not later than 14 days after the date of enactment of
    the Economic Aid to Hard-Hit Small Businesses,
    Nonprofits, and Venues Act, the Administrator shall make
    publicly available information regarding the
    modifications to the assistance provided under this
    section under the amendments made by such Act.
    ``(B) Guidance.--Not later than 21 days after the
    date of enactment of the Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act the Administrator
    shall issue guidance on implementing the modifications
    to the assistance provided under this section under the
    amendments made by such Act.
    ``(2) Publication of list.--Not later than March 1, 2021,
    the Administrator shall transmit to each lender of a covered
    loan a list of each borrower of a covered loan that includes the
    North American Industry Classification System code assigned to
    the borrower, based on the records of the Administration, to
    assist the lenders in identifying which borrowers qualify for an
    extension of payments under subsection (c).
    ``(3) Education and outreach.--The Administrator shall
    provide education, outreach, and communication to lenders,
    borrowers, district offices, and resource partners of the
    Administration in order to ensure full and proper compliance
    with this section, encourage broad participation with respect to
    covered loans that have not yet been approved by the
    Administrator, and help lenders transition borrowers from
    subsidy payments under this section directly to a deferral when
    suitable for the borrower.
    ``(4) Notification.--Not later than 30 days after the date
    of enactment of the Economic Aid to Hard-Hit Small Businesses,
    Nonprofits, and Venues Act, the Administrator shall mail a
    letter to each borrower of a covered loan that includes--
    ``(A) an overview of assistance provided under this
    section;
    ``(B) the rights of the borrower to receive that
    assistance;
    ``(C) how to seek recourse with the Administrator or
    the lender of the covered loan if the borrower has not
    received that assistance; and
    ``(D) the rights of the borrower to request a loan
    deferral from a lender, and guidance on how to do
    successfully transition directly to a loan deferral once
    subsidy payments under this section are concluded.
    ``(5) Monthly reporting.--Not later than the 15th of each
    month beginning after the date of enactment of the Economic Aid
    to Hard-Hit Small Businesses, Nonprofits, and Venues

    [[Page 2036]]

    Act, the Administrator shall submit to Congress a report on
    assistance provided under this section, which shall include--
    ``(A) monthly and cumulative data on payments made
    under this section as of the date of the report,
    including a breakdown by--
    ``(i) the number of participating borrowers;
    ``(ii) the volume of payments made for each
    type of covered loan; and
    ``(iii) the volume of payments made for
    covered loans made before the date of enactment of
    this Act and loans made after such date of
    enactment;
    ``(B) the names of any lenders of covered loans that
    have not submitted information on the covered loans to
    the Administrator during the preceding month; and
    ``(C) an update on the education and outreach
    activities of the Administration carried out under
    paragraph (3).''.

    (b) <>  Effective Date; Applicability.--The
    amendments made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281).
    SEC. 326. MODIFICATIONS TO 7(a) LOAN PROGRAMS.

    (a) 7(a) Loan Guarantees.--
    (1) In general.--Section 7(a)(2)(A) of the Small Business
    Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such
    participation by the Administration shall be equal to'' and all
    that follows through the period at the end and inserting ``or
    the Community Advantage Pilot Program of the Administration),
    such participation by the Administration shall be equal to 90
    percent of the balance of the financing outstanding at the time
    of disbursement of the loan.''.
    (2) <> Prospective
    repeal.--Effective October 1, 2021, section 7(a)(2)(A) of the
    Small Business Act (15 U.S.C. 636(a)(2)(A)), as amended by
    paragraph (1), is amended to read as follows:
    ``(A) In general.--Except as provided in
    subparagraphs (B), (D), (E), and (F), in an agreement to
    participate in a loan on a deferred basis under this
    subsection (including a loan made under the Preferred
    Lenders Program), such participation by the
    Administration shall be equal to--
    ``(i) 75 percent of the balance of the
    financing outstanding at the time of disbursement
    of the loan, if such balance exceeds $150,000; or
    ``(ii) 85 percent of the balance of the
    financing outstanding at the time of disbursement
    of the loan, if such balance is less than or equal
    to $150,000.''.

    (b) Express Loans.--
    (1) Loan amount.--Section 1102(c)(2) of the CARES Act
    (Public Law 116-136; 15 U.S.C. 636 note) is amended to read as
    follows:
    ``(2) <> Prospective repeal.--
    Effective on October 1, 2021, section 7(a)(31)(D) of the Small
    Business Act (15 U.S.C. 636(a)(31)(D)) is amended by striking `
    $1,000,000' and inserting ` $500,000'.''.
    (2) Guarantee rates.--
    (A) Temporary modification.--Section 7(a)(31)(A)(iv)
    of the Small Business Act (15 U.S.C. 636(a)(31)(A)(iv))
    is

    [[Page 2037]]

    amended by striking ``with a guaranty rate of not more
    than 50 percent.'' and inserting the following: ``with a
    guarantee rate--
    ``(I) for a loan in an amount less
    than or equal to $350,000, of not more
    than 75 percent; and
    ``(II) for a loan in an amount
    greater than $350,000, of not more than
    50 percent.''.
    (B) <>
    Prospective repeal.--Effective October 1, 2021, section
    7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C.
    636(a)(31)(iv)), as amended by subparagraph (A), is
    amended by striking ``guarantee rate'' and all that
    follows through the period at the end and inserting
    ``guarantee rate of not more than 50 percent.''.
    SEC. 327. TEMPORARY FEE REDUCTIONS.

    (a) <>  Administrative Fee Waiver.--
    (1) In <>  general.--During the period
    beginning on the date of enactment of this Act and ending on
    September 30, 2021, and to the extent that the cost of such
    elimination or reduction of fees is offset by appropriations,
    with respect to each loan guaranteed under section 7(a) of the
    Small Business Act (15 U.S.C. 636(a)) (including a recipient of
    assistance under the Community Advantage Pilot Program of the
    Administration) for which an application is approved or pending
    approval on or after the date of enactment of this Act, the
    Administrator shall--
    (A) in lieu of the fee otherwise applicable under
    section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
    636(a)(23)(A)), collect no fee or reduce fees to the
    maximum extent possible; and
    (B) in lieu of the fee otherwise applicable under
    section 7(a)(18)(A) of the Small Business Act (15 U.S.C.
    636(a)(18)(A)), collect no fee or reduce fees to the
    maximum extent possible.
    (2) Application of fee eliminations or reductions.--To the
    extent that amounts are made available to the Administrator for
    the purpose of fee eliminations or reductions under paragraph
    (1), the Administrator shall--
    (A) first use any amounts provided to eliminate or
    reduce fees paid by small business borrowers under
    clauses (i) through (iii) of section 7(a)(18)(A) of the
    Small Business Act (15 U.S.C. 636(a)(18)(A)), to the
    maximum extent possible; and
    (B) then use any amounts provided to eliminate or
    reduce fees under 7(a)(23)(A) of the Small Business Act
    (15 U.S.C. 636(a)(23)(A)).

    (b) <>  Temporary Fee Elimination for the
    504 Loan Program.--
    (1) <>  In general.--During the period
    beginning on the date of enactment of this Act and ending on
    September 30, 2021, and to the extent the cost of such
    elimination in fees is offset by appropriations, with respect to
    each project or loan guaranteed by the Administrator pursuant to
    title V of the Small Business Investment Act of 1958 (15 U.S.C.
    695 et seq.) for which an application is approved or pending
    approval on or after the date of enactment of this Act--

    [[Page 2038]]

    (A) the Administrator shall, in lieu of the fee
    otherwise applicable under section 503(d)(2) of the
    Small Business Investment Act of 1958 (15 U.S.C.
    697(d)(2)), collect no fee; and
    (B) a development company shall, in lieu of the
    processing fee under section 120.971(a)(1) of title 13,
    Code of Federal Regulations (relating to fees paid by
    borrowers), or any successor regulation, collect no fee.
    (2) Reimbursement for waived fees.--
    (A) In general.--To the extent that the cost of such
    payments is offset by appropriations, the Administrator
    shall reimburse each development company that does not
    collect a processing fee pursuant to paragraph (1)(B).
    (B) Amount.--The payment to a development company
    under clause (i) shall be in an amount equal to 1.5
    percent of the net debenture proceeds for which the
    development company does not collect a processing fee
    pursuant to paragraph (1)(B).
    SEC. 328. LOW-INTEREST REFINANCING.

    (a) Low-Interest Refinancing Under the Local Development Business
    Loan Program.--
    (1) Repeal.--Section 521(a) of title V of division E of the
    Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is
    repealed.
    (2) Refinancing.--Section 502(7) of the Small Business
    Investment Act of 1958 (15 U.S.C. 696(7)) is amended--
    (A) in subparagraph (B), in the matter preceding
    clause (i), by striking ``50'' and inserting ``100'';
    and
    (B) by adding at the end the following:
    ``(C) Refinancing not involving expansions.--
    ``(i) Definitions.--In this subparagraph--
    ``(I) the term `borrower' means a
    small business concern that submits an
    application to a development company for
    financing under this subparagraph;
    ``(II) the term `eligible fixed
    asset' means tangible property relating
    to which the Administrator may provide
    financing under this section; and
    ``(III) the term `qualified debt'
    means indebtedness--
    ``(aa) that was incurred not
    less than 6 months before the
    date of the application for
    assistance under this
    subparagraph;
    ``(bb) that is a commercial
    loan;
    ``(cc) the proceeds of which
    were used to acquire an eligible
    fixed asset;
    ``(dd) that was incurred for
    the benefit of the small
    business concern; and
    ``(ee) that is
    collateralized by eligible fixed
    assets.
    ``(ii) Authority.--A project that does not
    involve the expansion of a small business concern
    may include the refinancing of qualified debt if--
    ``(I) the amount of the financing is
    not more than 90 percent of the value of
    the collateral for the financing, except
    that, if the appraised value

    [[Page 2039]]

    of the eligible fixed assets serving as
    collateral for the financing is less
    than the amount equal to 125 percent of
    the amount of the financing, the
    borrower may provide additional cash or
    other collateral to eliminate any
    deficiency;
    ``(II) <>  the
    borrower has been in operation for all
    of the 2-year period ending on the date
    the loan application is submitted; and
    ``(III) <>
    for a financing for which the
    Administrator determines there will be
    an additional cost attributable to the
    refinancing of the qualified debt, the
    borrower agrees to pay a fee in an
    amount equal to the anticipated
    additional cost.
    ``(iii) Financing for business expenses.--
    ``(I) Financing for business
    expenses.--The Administrator may provide
    financing to a borrower that receives
    financing that includes a refinancing of
    qualified debt under clause (ii), in
    addition to the refinancing under clause
    (ii), to be used solely for the payment
    of business expenses.
    ``(II) Application for financing.--
    An application for financing under
    subclause (I) shall include--
    ``(aa) a specific
    description of the expenses for
    which the additional financing
    is requested; and
    ``(bb) an itemization of the
    amount of each expense.
    ``(III) Condition on additional
    financing.--A borrower may not use any
    part of the financing under this clause
    for non-business purposes.
    ``(iv) Loans based on jobs.--
    ``(I) Job creation and retention
    goals.--
    ``(aa) In general.--The
    Administrator may provide
    financing under this
    subparagraph for a borrower that
    meets the job creation goals
    under subsection (d) or (e) of
    section 501.
    ``(bb) Alternate job
    retention goal.--The
    Administrator may provide
    financing under this
    subparagraph to a borrower that
    does not meet the goals
    described in item (aa) in an
    amount that is not more than the
    product obtained by multiplying
    the number of employees of the
    borrower by $75,000.
    ``(II) Number of employees.--For
    purposes of subclause (I), the number of
    employees of a borrower is equal to the
    sum of--
    ``(aa) the number of full-
    time employees of the borrower
    on the date on which the
    borrower applies for a loan
    under this subparagraph; and
    ``(bb) the product obtained
    by multiplying--
    ``(AA) the number of
    part-time employees of the
    borrower on the date

    [[Page 2040]]

    on which the borrower
    applies for a loan under
    this subparagraph, by
    ``(BB) the quotient
    obtained by dividing the
    average number of hours each
    part time employee of the
    borrower works each week by
    40.
    ``(v) Total amount of loans.--The
    Administrator may provide not more than a total of
    $7,500,000,000 of financing under this
    subparagraph for each fiscal year.''.

    (b) Express Loan Authority for Accredited Lenders.--
    (1) In general.--Section 507 of the Small Business
    Investment Act of 1958 (15 U.S.C. 697d) is amended by striking
    subsection (e) and inserting the following:

    ``(e) Express Loan Authority.--A local development company
    designated as an accredited lender in accordance with subsection (b)--
    ``(1) may--
    ``(A) approve, authorize, close, and service covered
    loans that are funded with proceeds of a debenture
    issued by the company; and
    ``(B) authorize the guarantee of a debenture
    described in subparagraph (A); and
    ``(2) with respect to a covered loan, shall be subject to
    final approval as to eligibility of any guarantee by the
    Administration pursuant to section 503(a), but such final
    approval shall not include review of decisions by the lender
    involving creditworthiness, loan closing, or compliance with
    legal requirements imposed by law or regulation.

    ``(f) Definitions.--In this section--
    ``(1) the term `accredited lender certified company' means a
    certified development company that meets the requirements under
    subsection (b), including a certified development company that
    the Administration has designated as an accredited lender under
    that subsection;
    ``(2) the term `covered loan'--
    ``(A) means a loan made under section 502 in an
    amount that is not more than $500,000; and
    ``(B) does not include a loan made to a borrower
    that is in an industry that has a high rate of default,
    as annually determined by the Administrator and reported
    in rules of the Administration; and
    ``(3) the term `qualified State or local development
    company' has the meaning given the term in section 503(e).''.
    (2) <>  Prospective
    repeal.--Effective on September 30, 2023, section 507 of the
    Small Business Investment Act of 1958 (15 U.S.C. 697d), as
    amended by paragraph (1), is amended by striking subsections (e)
    and (f) and inserting the following:

    ``(e) Definition.--In this section, the term `qualified State or
    local development company' has the meaning given the term in section
    503(e).''.
    (c) <>  Refinancing Senior
    Project Debt.--During the 1-year period beginning on the date of
    enactment of this Act, a development company described in title V of the
    Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is
    authorized to allow the refinancing of a senior loan on an existing
    project in an amount

    [[Page 2041]]

    that, when combined with the outstanding balance on the development
    company loan, is not more than 90 percent of the total loan to value.
    Proceeds of such refinancing can be used to support business operating
    expenses.
    SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.

    (a) Loans to Intermediaries.--
    (1) In general.--Section 7(m) of the Small Business Act (15
    U.S.C. 636(m)) is amended--
    (A) in paragraph (3)(C)--
    (i) by striking ``and $6,000,000'' and
    inserting `` $10,000,000 (in the aggregate)''; and
    (ii) by inserting before the period at the end
    the following: ``, and $4,500,000 in any of those
    remaining years'';
    (B) in paragraph (4)--
    (i) in subparagraph (A), by striking
    ``subparagraph (C)'' each place that term appears
    and inserting ``subparagraphs (C) and (G)'';
    (ii) in subparagraph (C), by amending clause
    (i) to read as follows:
    ``(i) In general.--In addition to grants made
    under subparagraph (A) or (G), each intermediary
    shall be eligible to receive a grant equal to 5
    percent of the total outstanding balance of loans
    made to the intermediary under this subsection
    if--
    ``(I) the intermediary provides not
    less than 25 percent of its loans to
    small business concerns located in or
    owned by 1 or more residents of an
    economically distressed area; or
    ``(II) the intermediary has a
    portfolio of loans made under this
    subsection--
    ``(aa) that averages not
    more than $10,000 during the
    period of the intermediary's
    participation in the program; or
    ``(bb) of which not less
    than 25 percent is serving rural
    areas during the period of the
    intermediary's participation in
    the program.''; and
    (iii) by adding at the end the following:
    ``(G) Grant amounts based on appropriations.--In any
    fiscal year in which the amount appropriated to make
    grants under subparagraph (A) is sufficient to provide
    to each intermediary that receives a loan under
    paragraph (1)(B)(i) a grant of not less than 25 percent
    of the total outstanding balance of loans made to the
    intermediary under this subsection, the Administration
    shall make a grant under subparagraph (A) to each
    intermediary of not less than 25 percent and not more
    than 30 percent of that total outstanding balance for
    the intermediary.''; and
    (C) in paragraph (11)--
    (i) in subparagraph (C)(ii), by striking all
    after the semicolon and inserting ``and''; and
    (ii) by striking all after subparagraph (C)
    and inserting the following:
    ``(D) the term `economically distressed area', as
    used in paragraph (4), means a county or equivalent
    division

    [[Page 2042]]

    of local government of a State in which the small
    business concern is located, in which, according to the
    most recent data available from the Bureau of the
    Census, Department of Commerce, not less than 40 percent
    of residents have an annual income that is at or below
    the poverty level.''.
    (2) <>  Prospective
    amendment.--Effective on October 1, 2021, section 7(m)(3)(C) of
    the Small Business Act (15 U.S.C. 636(m)(3)(C)), as amended by
    paragraph (1)(A), is amended--
    (A) by striking `` $10,000,000'' and by inserting ``
    $7,000,000''; and
    (B) by striking `` $4,500,000'' and inserting ``
    $3,000,000''.

    (b) <> Temporary Waiver of Technical
    Assistance Grants Matching Requirements and Flexibility on Pre- and
    Post-Loan Assistance <> .--During the period
    beginning on the date of enactment of this Act and ending on September
    30, 2021, the Administration shall waive--
    (1) the requirement to contribute non-Federal funds under
    section 7(m)(4)(B) of the Small Business Act (15 U.S.C.
    636(m)(4)(B)); and
    (2) the limitation on amounts allowed to be expended to
    provide information and technical assistance under clause (i) of
    section 7(m)(4)(E) of the Small Business Act (15 U.S.C.
    636(m)(4)(E)) and enter into third party contracts for the
    provision of technical assistance under clause (ii) of such
    section 7(m)(4)(E).

    (c) <> Temporary Duration of
    Loans to Borrowers.--
    (1) In general.--During the period beginning on the date of
    enactment of this Act and ending on September 30, 2021, the
    duration of a loan made by an eligible intermediary under
    section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
    (A) to an existing borrower may be extended to not
    more than 8 years; and
    (B) to a new borrower may be not more than 8 years.
    (2) <> Reversion.--On and after
    October 1, 2021, the duration of a loan made by an eligible
    intermediary to a borrower under section 7(m) of the Small
    Business Act (15 U.S.C. 636(m)) shall be 7 years or such other
    amount established by the Administrator.

    (d) Funding.--Section 20 of the Small Business Act (15 U.S.C. 631
    note) is amended by adding at the end the following:
    ``(h) <>  Microloan Program.--For each of fiscal
    years 2021 through 2025, the Administration is authorized to make--
    ``(1) $80,000,000 in technical assistance grants, as
    provided in section 7(m); and
    ``(2) $110,000,000 in direct loans, as provided in section
    7(m).''.

    (e) Authorization of Appropriations.--In addition to amounts
    provided under the Consolidated Appropriations Act, 2020 (Public Law
    116-93; 133 Stat. 2317) for the program established under section 7(m)
    of the Small Business Act (15 U.S.C. 636(m)) and amounts provided for
    fiscal year 2021 for that program, there is authorized to be
    appropriated for fiscal year 2021, to remain available until expended--
    (1) $50,000,000 to provide technical assistance grants under
    such section 7(m); and

    [[Page 2043]]

    (2) $7,000,000 to provide direct loans under such section
    7(m).
    SEC. 330. <>  EXTENSION OF PARTICIPATION
    IN 8(a) PROGRAM.

    (a) <>  In General.--The
    Administrator shall ensure that a small business concern participating
    in the program established under section 8(a) of the Small Business Act
    (15 U.S.C. 637(a)) on or before September 9, 2020, may elect to extend
    such participation by a period of 1 year, regardless of whether the
    small business concern previously elected to suspend participation in
    the program pursuant to guidance of the Administrator.

    (b) <>  Emergency Rulemaking Authority.--Not later
    than 15 days after the date of enactment of this Act, the Administrator
    shall issue regulations to carry out this section without regard to the
    notice requirements under section 553(b) of title 5, United States Code.
    SEC. 331. <>  TARGETED EIDL ADVANCE FOR SMALL
    BUSINESS CONTINUITY, ADAPTATION, AND
    RESILIENCY.

    (a) Definitions.--In this section:
    (1) Agricultural enterprise.--The term ``agricultural
    enterprise'' has the meaning given the term in section 18(b) of
    the Small Business Act (15 U.S.C. 647(b)).
    (2) Covered entity.--The term ``covered entity''--
    (A) means an eligible entity that--
    (i) applies for a loan under section 7(b)(2)
    of the Small Business Act (15 U.S.C. 636(b)(2))
    during the covered period, including before the
    date of enactment of this Act;
    (ii) is located in a low-income community;
    (iii) has suffered an economic loss of greater
    than 30 percent; and
    (iv) employs not more than 300 employees; and
    (B) except with respect to an entity included under
    section 123.300(c) of title 13, Code of Federal
    Regulations, or any successor regulation, does not
    include an agricultural enterprise.
    (3) Covered period.--The term ``covered period'' has the
    meaning given the term in section 1110(a)(1) of the CARES Act
    (15 U.S.C. 9009(a)(1)), as amended by section 332 of this Act.
    (4) Economic loss.--The term ``economic loss'' means, with
    respect to a covered entity--
    (A) <>  the amount by which the
    gross receipts of the covered entity declined during an
    8-week period between March 2, 2020, and December 31,
    2021, relative to a comparable 8-week period immediately
    preceding March 2, 2020, or during 2019; or
    (B) if the covered entity is a seasonal business
    concern, such other amount determined appropriate by the
    Administrator.
    (5) Eligible entity.--The term ``eligible entity'' means an
    entity that, during the covered period, is eligible for a loan
    made under section 7(b)(2) of the Small Business Act (15 U.S.C.
    636(b)(2)), as described in section 1110(b) of the CARES Act (15
    U.S.C. 9009(b)).

    [[Page 2044]]

    (6) Low-income community.--The term ``low-income community''
    has the meaning given the term in section 45D(e) of the Internal
    Revenue Code of 1986.

    (b) Entitlement to Full Amount.--
    (1) In general.--Subject to paragraph (2), a covered entity,
    after submitting a request to the Administrator that the
    Administrator verifies under subsection (c), shall receive a
    total of $10,000 under section 1110(e) of the CARES Act (15
    U.S.C. 9009(e)), without regard to whether--
    (A) the applicable loan for which the covered entity
    applies or applied under section 7(b)(2) of the Small
    Business Act (15 U.S.C. 636(b)(2)) is or was approved;
    (B) the covered entity accepts or accepted the offer
    of the Administrator with respect to an approved loan
    described in subparagraph (A); or
    (C) the covered entity has previously received a
    loan under section 7(a)(36) of the Small Business Act
    (15 U.S.C. 636(a)(36)).
    (2) Effect of previously received amounts.--
    (A) In general.--With respect to a covered entity
    that received an emergency grant under section 1110(e)
    of the CARES Act (15 U.S.C. 9009(e)) before the date of
    enactment of this Act, the amount of the payment that
    the covered entity shall receive under this subsection
    (after satisfaction of the procedures required under
    subparagraph (B)) shall be the difference between
    $10,000 and the amount of that previously received
    grant.
    (B) <>  Procedures.--If the
    Administrator receives a request under paragraph (1)
    from a covered entity described in subparagraph (A) of
    this paragraph, the Administrator shall, not later than
    21 days after the date on which the Administrator
    receives the request--
    (i) <>  perform the
    verification required under subsection (c);
    (ii) if the Administrator, under subsection
    (c), verifies that the entity is a covered entity,
    provide to the covered entity a payment in the
    amount described in subparagraph (A); and
    (iii) <>  with respect
    to a covered entity that the Administrator
    determines is not entitled to a payment under this
    section, provide the covered entity with a
    notification explaining why the Administrator
    reached that determination.
    (C) Rule of construction.--Nothing in this paragraph
    may be construed to require any entity that received an
    emergency grant under section 1110(e) of the CARES Act
    (15 U.S.C. 9009(e)) before the date of enactment of this
    Act to repay any amount of that grant.

    (c) <>  Verification.--In carrying
    out this section, the Administrator shall require any information,
    including any tax records, from an entity submitting a request under
    subsection (b) that the Administrator determines to be necessary to
    verify that the entity is a covered entity, without regard to whether
    the entity has previously submitted such information to the
    Administrator.

    (d) Order of Processing.--The Administrator shall process and
    approve requests for payments under subsection (b) in the

    [[Page 2045]]

    order that the Administrator receives the requests, except that the
    Administrator shall give--
    (1) first priority to covered entities described in
    subsection (b)(2)(A); and
    (2) second priority to covered entities that have not
    received emergency grants under section 1110(e) of the CARES Act
    (15 U.S.C. 9009(e)), as of the date on which the Administrator
    receives such a request, because of the unavailability of
    funding to carry out such section 1110(e).

    (e) Applicability.--In addition to any other restriction imposed
    under this section, any eligibility restriction applicable to a loan
    made under section 7(b)(2) of the Small Business Act (15 U.S.C.
    636(b)(2)), including any restriction under section 123.300 or 123.301
    of title 13, Code of Federal Regulations, or any successor regulation,
    shall apply with respect to funding provided under this section.
    (f) Notification Required.--The Administrator shall provide notice
    to each of the following entities stating that the entity may be
    eligible for a payment under this section if the entity satisfies the
    requirements under clauses (ii), (iii), and (iv) of subsection
    (a)(2)(A):
    (1) Each entity that received an emergency grant under
    section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before the
    date of enactment of this Act.
    (2) Each entity that, before the date of enactment of this
    Act--
    (A) applied for a loan under section 7(b)(2) of the
    Small Business Act (15 U.S.C. 636(b)(2)); and
    (B) did not receive an emergency grant under section
    1110(e) of the CARES Act (15 U.S.C. 9009(e)) because of
    the unavailability of funding to carry out such section
    1110(e).

    (g) Administration.--In carrying out this section, the Administrator
    may rely on loan officers and other personnel of the Office of Disaster
    Assistance of the Administration and other resources of the
    Administration, including contractors of the Administration.
    (h) Authorization of Appropriations.--There are authorized to be
    appropriated to the Administrator $20,000,000,000 to carry out this
    section--
    (1) which shall remain available through December 31, 2021;
    and
    (2) of which $20,000,000 is authorized to be appropriated to
    the Inspector General of the Administration to prevent waste,
    fraud, and abuse with respect to funding provided under this
    section.
    SEC. 332. EMERGENCY EIDL GRANTS.

    Section 1110 of the CARES Act (15 U.S.C. 9009) is amended--
    (1) in subsection (a)(1), by striking ``December 31, 2020''
    and inserting ``December 31, 2021'';
    (2) in subsection (d), by striking paragraphs (1) and (2)
    and inserting the following:
    ``(1) approve an applicant--
    ``(A) based solely on the credit score of the
    applicant; or
    ``(B) by using alternative appropriate methods to
    determine an applicant's ability to repay; and

    [[Page 2046]]

    ``(2) use information from the Department of the Treasury to
    confirm that--
    ``(A) an applicant is eligible to receive such a
    loan; or
    ``(B) the information contained in an application
    for such a loan is accurate.''; and
    (3) in subsection (e)--
    (A) in paragraph (1)--
    (i) by striking ``During the covered period''
    and inserting the following:
    ``(A) Advances.--During the covered period'';
    (ii) in subparagraph (A), as so designated, by
    striking ``within 3 days after the Administrator
    receives an application from such applicant''; and
    (iii) by adding at the end the following:
    ``(B) <>  Timing.--With respect to
    each request submitted to the Administrator under
    subparagraph (A), the Administrator shall, not later
    than 21 days after the date on which the Administrator
    receives the request--
    ``(i) <>  verify whether
    the entity is an entity that is eligible for a
    loan made under section 7(b)(2) of the Small
    Business Act (15 U.S.C. 636(b)(2)) during the
    covered period, as described in subsection (b);
    ``(ii) if the Administrator, under clause (i),
    verifies that the entity submitting the request is
    an entity that is eligible, as described in that
    clause, provide the advance requested by the
    entity; and
    ``(iii) <>  with respect
    to an entity that the Administrator determines is
    not entitled to receive an advance under this
    subsection, provide the entity with a notification
    explaining why the Administrator reached that
    determination.'';
    (B) in paragraph (7), by striking ``
    $20,000,000,000'' and inserting `` $40,000,000,000'';
    and
    (C) in paragraph (8), by striking ``December 31,
    2020'' and inserting ``December 31, 2021''.
    SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

    (a) <>  Definitions.--In this section--
    (1) the term ``covered entity'' means an entity that
    receives an advance under section 1110(e) of the CARES Act (15
    U.S.C. 9009(e)), including an entity that received such an
    advance before the date of enactment of this Act; and
    (2) the term ``covered period'' has the meaning given the
    term in section 1110(a)(1) of the CARES Act (15 U.S.C.
    9009(a)(1)), as amended by section 332 of this Act.

    (b) Sense of Congress.--It is the sense of Congress that borrowers
    of loans made under section 7(b)(2) of the Small Business Act (15 U.S.C.
    636(b)(2)) in response to COVID-19 during the covered period should be
    made whole, without regard to whether those borrowers are eligible for
    forgiveness with respect to those loans.
    (c) Repeal.--Section 1110(e)(6) of the CARES Act (15 U.S.C.
    9009(e)(6)) is repealed.
    (d) <>  Effective Date; Applicability.--The
    amendment made by subsection (c) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281).

    [[Page 2047]]

    (e) <>  Rulemaking.--
    (1) <>  In general.--Not later than 15 days
    after the date of enactment of this Act, the Administrator shall
    issue rules that ensure the equal treatment of all covered
    entities with respect to the amendment made by subsection (c),
    which shall include consideration of covered entities that,
    before the date of enactment of this Act, completed the loan
    forgiveness process described in section 1110(e)(6) of the CARES
    Act (15 U.S.C. 9009(e)(6)), as in effect before that date of
    enactment.
    (2) Notice and comment.-- The notice and comment
    requirements under section 553 of title 5, United States Code,
    shall not apply with respect to the rules issued under paragraph
    (1).
    SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(a) LOANS.

    Section 7(a)(7) of the Small Business Act (15 U.S.C. 636(a)(7)) is
    amended--
    (1) by striking ``The Administration'' and inserting ``(A)
    In general.--The Administrator'';
    (2) in subparagraph (A), as so designated, by inserting
    ``and interest'' after ``principal''; and
    (3) by adding at the end the following:
    ``(B) Deferral requirements.--With respect to a
    deferral provided under this paragraph, the
    Administrator may allow lenders under this subsection--
    ``(i) <>  to provide full
    payment deferment relief (including payment of
    principal and interest) for a period of not more
    than 1 year; and
    ``(ii) to provide an additional deferment
    period if the borrower provides documentation
    justifying such additional deferment.
    ``(C) Secondary market.--
    ``(i) In general.--Except as provided in
    clause (ii), if an investor declines to approve a
    deferral or additional deferment requested by a
    lender under subparagraph (B), the Administrator
    shall exercise the authority to purchase the loan
    so that the borrower may receive full payment
    deferment relief (including payment of principal
    and interest) or an additional deferment as
    described in subparagraph (B).
    ``(ii) <>  Exception.--
    If, in a fiscal year, the Administrator determines
    that the cost of implementing clause (i) is
    greater than zero, the Administrator shall not
    implement that clause.''.
    SEC. 335. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE RECIPIENTS.

    (a) In General.--Section 7(a)(36)(D)(ii)(II) of the Small Business
    Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by striking ``as is
    necessary'' and all that follows through the period at the end and
    inserting ``as determined necessary by the Administrator and the
    Secretary, to establish the applicant as eligible.''.
    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.

    [[Page 2048]]

    SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

    (a) In General.--Section 7(a)(36)(E)(i)(I)(aa)(AA) of the Small
    Business Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by
    striking ``, in the case of an applicant'' and all that follows through
    ``June 30, 2019'' and inserting the following: ``an applicant that is a
    seasonal employer shall use the average total monthly payments for
    payroll for any 12-week period selected by the seasonal employer between
    February 15, 2019, and February 15, 2020''.
    (b) <>  Effective Date; Applicability.--
    (1) In general.--Except as provided in paragraph (2), the
    amendment made by subsection (a) shall be effective as if
    included in the CARES Act (Public Law 116-136; 134 Stat. 281)
    and shall apply to any loan made pursuant to section 7(a)(36) of
    the Small Business Act (15 U.S.C. 636(a)(36)) before, on, or
    after the date of enactment of this Act, including forgiveness
    of such a loan.
    (2) Exclusion of loans already forgiven.--The amendment made
    by subsection (a) shall not apply to a loan made pursuant to
    section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) for which the borrower received forgiveness before
    the date of enactment of this Act under section 1106 of the
    CARES Act, as in effect on the day before such date of
    enactment.
    SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE
    REQUIREMENTS.

    (a) In General.--Section 7(a)(36)(F)(v) of the Small Business Act
    (15 U.S.C. 636(a)(36)(F)(v)) is amended by striking ``clause (i)'' and
    inserting ``clause (i) or (iv)''.
    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF COVERED
    LOAN.

    (a) In General.--Section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) is amended--
    (1) in subparagraph (H), in the matter preceding clause (i),
    by striking ``During the covered period, with'' and inserting
    ``With'';
    (2) in subparagraph (J), in the matter preceding clause (i),
    by striking ``During the covered period, with'' and inserting
    ``With''; and
    (3) in subparagraph (M)--
    (A) in clause (ii), in the matter preceding
    subclause (I), by striking ``During the covered period,
    the'' and inserting ``The''; and
    (B) in clause (iii), by striking ``During the
    covered period, with'' and inserting ``With''.

    (b) <>  Effective Date; Applicability.--The
    amendments made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act

    [[Page 2049]]

    (15 U.S.C. 636(a)(36)) before, on, or after the date of enactment of
    this Act, including forgiveness of such a loan.
    SEC. 339. INTEREST CALCULATION ON COVERED LOANS.

    (a) <>  Definitions.--In this section, the
    terms ``covered loan'' and ``eligible recipient'' have the meanings
    given the terms in section 7(a)(36)(A) of the Small Business Act (15
    U.S.C. 636(a)(36)(A)).

    (b) Calculation.--Section 7(a)(36)(L) of the Small Business Act (15
    U.S.C. 636(a)(36)(L)) is amended by inserting ``, calculated on a non-
    compounding, non-adjustable basis'' after ``4 percent''.
    (c) <>  Applicability.--The amendment made
    by subsection (b) may apply with respect to a covered loan made before
    the date of enactment of this Act, upon the agreement of the lender and
    the eligible recipient with respect to the covered loan.
    SEC. 340. REIMBURSEMENT FOR PROCESSING.

    (a) Reimbursement.--Section 7(a)(36)(P) of the Small Business Act
    (15 U.S.C. 636(a)(36)(P)) is amended--
    (1) by amending clause (i) to read as follows:
    ``(i) In general.--The Administrator shall
    reimburse a lender authorized to make a covered
    loan as follows:
    ``(I) With respect to a covered loan
    made during the period beginning on the
    date of enactment of this paragraph and
    ending on the day before the date of
    enactment of the Economic Aid to Hard-
    Hit Small Businesses, Nonprofits, and
    Venues Act, the Administrator shall
    reimburse such a lender at a rate, based
    on the balance of the financing
    outstanding at the time of disbursement
    of the covered loan, of--
    ``(aa) 5 percent for loans
    of not more than $350,000;
    ``(bb) 3 percent for loans
    of more than $350,000 and less
    than $2,000,000; and
    ``(cc) 1 percent for loans
    of not less than $2,000,000.
    ``(II) With respect to a covered
    loan made on or after the date of
    enactment of the Economic Aid to Hard-
    Hit Small Businesses, Nonprofits, and
    Venues Act, the Administrator shall
    reimburse such a lender--
    ``(aa) for a covered loan of
    not more than $50,000, in an
    amount equal to the lesser of--
    ``(AA) 50 percent of the
    balance of the financing
    outstanding at the time of
    disbursement of the covered
    loan; or
    ``(BB) $2,500; and
    ``(bb) at a rate, based on
    the balance of the financing
    outstanding at the time of
    disbursement of the covered
    loan, of--
    ``(AA) 5 percent for a
    covered loan of more than
    $50,000 and not more than
    $350,000;
    ``(BB) 3 percent for a
    covered loan of more than
    $350,000 and less than
    $2,000,000; and

    [[Page 2050]]

    ``(CC) 1 percent for a
    covered loan of not less
    than $2,000,000.''; and
    (2) by amending clause (iii) to read as follows:
    ``(iii) <>  Timing.--A
    reimbursement described in clause (i) shall be
    made not later than 5 days after the reported
    disbursement of the covered loan and may not be
    required to be repaid by a lender unless the
    lender is found guilty of an act of fraud in
    connection with the covered loan.''.

    (b) Fee Limits.--
    (1) In general.--Section 7(a)(36)(P)(ii) of the Small
    Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by adding
    at the end the following: ``If an eligible recipient has
    knowingly retained an agent, such fees shall be paid by the
    eligible recipient and may not be paid out of the proceeds of a
    covered loan. A lender shall only be responsible for paying fees
    to an agent for services for which the lender directly contracts
    with the agent.''.
    (2) <>  Effective date;
    applicability.--The amendment made by paragraph (1) shall be
    effective as if included in the CARES Act (Public Law 116-136;
    134 Stat. 281) and shall apply to any loan made pursuant to
    section 7(a)(36) of the Small Business Act (15 U.S.C.
    636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY DISASTER
    LOAN RECIPIENTS.

    Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C.
    636(a)(36)(Q)) is amended by striking ``during the period beginning on
    January 31, 2020, and ending on the date on which covered loans are made
    available''.
    SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-TRADED
    COMPANIES.

    Section 7(a)(36) of the Small Business Act (15 U.S.C. 636(a)(36)) is
    amended--
    (1) in subparagraph (A), as amended by section 318 of this
    Act, by adding at the end the following:
    ``(xvi) <>  the terms
    `exchange', `issuer', and `security' have the
    meanings given those terms in section 3(a) of the
    Securities Exchange Act of 1934 (15 U.S.C.
    78c(a)).''; and
    (2) in subparagraph (D), as amended by section 318 of this
    Act by adding at the end the following:
    ``(viii) Ineligibility of publicly-traded
    entities.--Notwithstanding any other provision of
    this paragraph, on and after the date of enactment
    of the Economic Aid to Hard-Hit Small Businesses,
    Nonprofits, and Venues Act, an entity that is an
    issuer, the securities of which are listed on an
    exchange registered as a national securities
    exchange under section 6 of the Securities
    Exchange Act of 1934 (15 U.S.C. 78f), shall be
    ineligible to receive a covered loan under this
    paragraph.''.

    [[Page 2051]]

    SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36) LOANS.

    (a) In General.--Section 7(a)(36)(A)(iii) of the Small Business Act
    (15 U.S.C. 636(a)(36)(A)(iii)) is amended by striking ``December 31,
    2020'' and inserting ``March 31, 2021''.
    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281) and shall apply to any
    loan made pursuant to section 7(a)(36) of the Small Business Act (15
    U.S.C. 636(a)(36)) before, on, or after the date of enactment of this
    Act, including forgiveness of such a loan.
    SEC. 344. APPLICABLE PERIODS FOR PRORATION.

    Section 7(a)(36)(A)(viii) of the Small Business Act (15 U.S.C.
    636(a)(36)(A)(viii)) is amended--
    (1) in subclause (I)(bb), by striking ``in 1 year, as
    prorated for the covered period'' and inserting ``on an
    annualized basis, as prorated for the period during which the
    payments are made or the obligation to make the payments is
    incurred''; and
    (2) in subclause (II)--
    (A) in item (aa), by striking ``an annual salary of
    $100,000, as prorated for the covered period'' and
    inserting `` $100,000 on an annualized basis, as
    prorated for the period during which the compensation is
    paid or the obligation to pay the compensation is
    incurred''; and
    (B) in item (bb), by striking ``covered'' and
    inserting ``applicable''.
    SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT UNDER
    THE WOMEN'S BUSINESS CENTER PROGRAM.

    (a) <>  In General.--Section 1105 of the CARES
    Act (15 U.S.C. 9004) is amended by striking ``the 3-month period
    beginning on the date of enactment of this Act'' and inserting ``the
    period beginning on the date of enactment of this Act and ending on June
    30, 2021''.

    (b) <>  Effective Date; Applicability.--The
    amendment made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281).
    SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL
    BUSINESS DEVELOPMENT CENTERS.

    (a) In General.--Section 1103(b)(3)(A) of the CARES Act (15 U.S.C.
    9002(b)(3)(A)) is amended--
    (1) by striking ``The Administration'' and inserting the
    following:
    ``(i) In general.--The Administration''; and
    (2) by adding at the end the following:
    ``(ii) Clarification of use.--Awards made
    under clause (i) shall be in addition to, and
    separate from, any amounts appropriated to make
    grants under section 21(a) of the Small Business
    Act (15 U.S.C. 648(a)) and such an award may be
    used to complement and support such a grant,
    except that priority with respect to the receipt
    of that assistance shall be given to small
    business development centers that have been
    affected by issues described in paragraph (2).''.

    [[Page 2052]]

    (b) <>  Effective Date; Applicability.--The
    amendments made by subsection (a) shall be effective as if included in
    the CARES Act (Public Law 116-136; 134 Stat. 281).
    SEC. 347. GAO REPORT.

    Not later than 120 days after the date of enactment of this Act, the
    Comptroller General of the United States shall submit to the Committee
    on Small Business and Entrepreneurship of the Senate and the Committee
    on Small Business of the House of Representatives a report regarding the
    use by the Administration of funds made available to the Administration
    through supplemental appropriations in fiscal year 2020, the purpose of
    which was for administrative expenses.
    SEC. 348. <>  EFFECTIVE DATE;
    APPLICABILITY.

    Except as otherwise provided in this Act, this Act and the
    amendments made by this Act shall take effect on the date of enactment
    of this Act and apply to loans and grants made on or after the date of
    enactment of this Act.

    TITLE IV--TRANSPORTATION

    Subtitle A--Airline Worker Support Extension

    SEC. <>  401. DEFINITIONS.

    Unless <>  otherwise specified, the
    definitions in section 40102(a) of title 49, United States Code, shall
    apply to this subtitle, except that in this subtitle--
    (1) the term ``catering functions'' means preparation,
    assembly, or both, of food, beverages, provisions and related
    supplies for delivery, and the delivery of such items, directly
    to aircraft or to a location on or near airport property for
    subsequent delivery to aircraft;
    (2) the term ``contractor'' means--
    (A) a person that performs, under contract with a
    passenger air carrier conducting operations under part
    121 of title 14, Code of Federal Regulations--
    (i) catering functions; or
    (ii) functions on the property of an airport
    that are directly related to the air
    transportation of persons, property, or mail,
    including, but not limited to, the loading and
    unloading of property on aircraft, assistance to
    passengers under part 382 of title 14, Code of
    Federal Regulations, security, airport ticketing
    and check-in functions, ground-handling of
    aircraft, or aircraft cleaning and sanitization
    functions and waste removal; or
    (B) a subcontractor that performs such functions;
    (3) the term ``employee'' means an individual, other than a
    corporate officer, who is employed by an air carrier or a
    contractor;
    (4) the term ``recall'' means the dispatch of a notice by a
    passenger air carrier or a contractor, via mail, courier, or
    electronic mail, to an involuntarily furloughed employee
    notifying the employee that--

    [[Page 2053]]

    (A) the employee must, within a specified period of
    time, elect either--
    (i) to return to employment or bypass return
    to employment, in accordance with an applicable
    collective bargaining agreement or, in the absence
    of a collective bargaining agreement, company
    policy; or
    (ii) to permanently separate from employment
    with the passenger air carrier or contractor; and
    (B) failure to respond within such time period
    specified shall be considered an election under
    subparagraph (A)(ii);
    (5) the term ``returning employee'' means an involuntarily
    furloughed employee who has elected to return to employment
    pursuant to a recall notice; and
    (6) the term ``Secretary'' means the Secretary of the
    Treasury.
    SEC. <>  402. PANDEMIC RELIEF FOR AVIATION
    WORKERS.

    (a) Financial Assistance for Employee Wages, Salaries, and
    Benefits.--Notwithstanding any other provision of law, to preserve
    aviation jobs and compensate air carrier industry workers, the Secretary
    shall provide financial assistance that shall exclusively be used for
    the continuation of payment of employee wages, salaries, and benefits
    to--
    (1) passenger air carriers, in an aggregate amount up to
    $15,000,000,000; and
    (2) contractors, in an aggregate amount up to
    $1,000,000,000.

    (b) Administrative Expenses.--Notwithstanding any other provision of
    law, the Secretary may use funds made available under section 4112(b) of
    the CARES Act (15 U.S.C. 9072(b)) for costs and administrative expenses
    associated with providing financial assistance under this subtitle.
    SEC. <>  403. PROCEDURES FOR PROVIDING PAYROLL
    SUPPORT.

    (a) <>  Awardable Amounts.--The Secretary shall
    provide financial assistance under this subtitle--
    (1) to a passenger air carrier required to file reports
    pursuant to part 241 of title 14, Code of Federal Regulations,
    as of March 27, 2020, in an amount equal to--
    (A) the amount such air carrier was approved to
    receive (without taking into account any pro rata
    reduction) under section 4113 of the CARES Act (15
    U.S.C. 9073); or
    (B) at the request of such air carrier, or in the
    event such air carrier did not receive assistance under
    section 4113 of the CARES Act (15 U.S.C. 9073), the
    amount of the salaries and benefits reported by the air
    carrier to the Department of Transportation pursuant to
    such part 241, for the period from October 1, 2019,
    through March 31, 2020;
    (2) to a passenger air carrier that was not required to
    transmit reports under such part 241, as of March 27, 2020, in
    an amount equal to--
    (A) the amount such air carrier was approved to
    receive (without taking into account any pro rata
    reduction) under section 4113 of the CARES Act (15
    U.S.C. 9073), plus an additional 15 percent of such
    amount;

    [[Page 2054]]

    (B) at the request of such air carrier, provided
    such air carrier received assistance under section 4113
    of the CARES Act (15 U.S.C. 9073), the sum of--
    (i) <>  the amount that
    such air carrier certifies, using sworn financial
    statements or other appropriate data, as the
    amount of total salaries and related fringe
    benefits that such air carrier incurred and would
    be required to be reported to the Department of
    Transportation pursuant to such part 241, if such
    air carrier was required to transmit such
    information during the period from April 1, 2019,
    through September 30, 2019; and
    (ii) an additional amount equal to the
    difference between the amount certified under
    clause (i) and the amount the air carrier received
    under section 4113 of the CARES Act (15 U.S.C.
    9073); or
    (C) in the event such air carrier did not receive
    assistance under section 4113 of the CARES Act (15
    U.S.C. 9073), an amount that such an air carrier
    certifies, using sworn financial statements or other
    appropriate data, as the amount of total salaries and
    related fringe benefits that such air carrier incurred
    and would be required to be reported to the Department
    of Transportation pursuant to such part 241, if such air
    carrier was required to transmit such information during
    the period from October 1, 2019, through March 31, 2020;
    and
    (3) to a contractor in an amount equal to--
    (A) the amount such contractor was approved to
    receive (without taking into account any pro rata
    reduction) under section 4113 of the CARES Act (15
    U.S.C. 9073); or
    (B) in the event such contractor did not receive
    assistance under section 4113 of the CARES Act (15
    U.S.C. 9073), an amount that the contractor certifies,
    using sworn financial statements or other appropriate
    data, as the amount of wages, salaries, benefits, and
    other compensation that such contractor paid the
    employees of such contractor during the period from
    October 1, 2019, through March 31, 2020.

    (b) Deadlines and Procedures.--
    (1) In general.--
    (A) Forms; terms and conditions.--Financial
    assistance provided to a passenger air carrier or
    contractor under this subtitle shall--
    (i) be, to the maximum extent practicable, in
    the same form and on the same terms and conditions
    (including requirements for audits and the
    clawback of any financial assistance provided upon
    failure by a passenger air carrier or contractor
    to honor the assurances specified in section 404),
    as agreed to by the Secretary and the recipient
    for assistance received under section 4113 of the
    CARES Act (15 U.S.C. 9073), except if inconsistent
    with this subtitle; or
    (ii) in the event such a passenger air carrier
    or a contractor did not receive assistance under
    section 4113 of the CARES Act (15 U.S.C. 9073),
    be, to the maximum extent practicable, in the same
    form and

    [[Page 2055]]

    on the same terms and conditions (including
    requirements for audits and the clawback of any
    financial assistance provided upon failure by a
    passenger air carrier or contractor to honor the
    assurances specified in section 404), as agreed to
    by the Secretary and similarly situated recipients
    of assistance under such section 4113.
    (B) Procedures.--The Secretary shall, to the maximum
    extent practicable, publish streamlined and expedited
    procedures not later than 5 days after the date of
    enactment of this subtitle for passenger air carriers
    and contractors to submit requests for financial
    assistance under this subtitle.
    (2) Deadline for immediate payroll assistance.--Not later
    than 10 days after the date of enactment of this subtitle, the
    Secretary shall make initial payments to passenger air carriers
    and contractors that submit requests for financial assistance
    approved by the Secretary.
    (3) <>  Subsequent payments.--The
    Secretary shall determine an appropriate method for the timely
    distribution of payments to passenger air carriers and
    contractors with approved requests for financial assistance from
    any funds remaining available after providing initial financial
    assistance payments under paragraph (2).

    (c) Pro Rata Reductions.--The Secretary shall have the authority to
    reduce, on a pro rata basis, the amounts due to passenger air carriers
    and contractors under subsection (a) in order to address any shortfall
    in assistance that would otherwise be provided under such subsection.
    (d) Audits.--The Inspector General of the Department of the Treasury
    shall audit certifications made under subsection (a).
    SEC. <>  404. REQUIRED ASSURANCES.

    (a) <>  In General.--To be
    eligible for financial assistance under this subtitle, a passenger air
    carrier or a contractor shall enter into an agreement with the
    Secretary, or otherwise certify in such form and manner as the Secretary
    shall prescribe, that the passenger air carrier or contractor shall--
    (1) refrain from conducting involuntary furloughs or
    reducing pay rates and benefits until--
    (A) with respect to passenger air carriers, March
    31, 2021; or
    (B) with respect to contractors, March 31, 2021, or
    the date on which the contractor expends such financial
    assistance, whichever is later;
    (2) ensure that neither the passenger air carrier or
    contractor nor any affiliate of the passenger air carrier or
    contractor may, in any transaction, purchase an equity security
    of the passenger air carrier or contractor or the parent company
    of the passenger air carrier or contractor that is listed on a
    national securities exchange through--
    (A) with respect to passenger air carriers, March
    31, 2022; or
    (B) with respect to contractors, March 31, 2022, or
    the date on which the contractor expends such financial
    assistance, whichever is later;

    [[Page 2056]]

    (3) ensure that the passenger air carrier or contractor
    shall not pay dividends, or make other capital distributions,
    with respect to common stock (or equivalent interest) of the air
    carrier or contractor through--
    (A) with respect to passenger air carriers, March
    31, 2022; or
    (B) with respect to contractors, March 31, 2022, or
    the date on which the contractor expends such financial
    assistance, whichever is later; and
    (4) meet the requirements of sections 405 and 406.

    (b) <>  Recalls of Employees.--An
    agreement or certification under this section shall require a passenger
    air carrier or contractor to perform the following actions:
    (1) In the case of a passenger air carrier or contractor
    that received financial assistance under title IV of the CARES
    Act--
    (A) recall (as defined in section 401), not later
    than 72 hours after executing such agreement or
    certification, any employees involuntarily furloughed by
    such passenger air carrier or contractor between October
    1, 2020, and the date such passenger air carrier or
    contractor enters into an agreement with the Secretary
    with respect to financial assistance under this
    subtitle;
    (B) compensate returning employees for lost pay and
    benefits (offset by any amounts received by the employee
    from a passenger air carrier or contractor as a result
    of the employee's furlough, including, but not limited
    to, furlough pay, severance pay, or separation pay)
    between--
    (i) in the case of a passenger air carrier,
    December 1, 2020, and the date on which such
    passenger air carrier enters into an agreement
    with the Secretary with respect to financial
    assistance under this subtitle; or
    (ii) in the case of a contractor, the date of
    enactment of this subtitle and the date on which
    such contractor enters into an agreement with the
    Secretary with respect to financial assistance
    under this subtitle; and
    (C) restore the rights and protections for such
    returning employees as if such employees had not been
    involuntarily furloughed.
    (2) In the case of a passenger air carrier or contractor
    that did not receive financial assistance under title IV of the
    CARES Act to--
    (A) recall (as defined in section 401), within 72
    hours after executing such agreement or certification,
    any employees involuntarily furloughed by such passenger
    air carrier or contractor between March 27, 2020, and
    the date such passenger air carrier or contractor enters
    into an agreement with the Secretary for financial
    assistance under this subtitle;
    (B) compensate returning employees under this
    paragraph for lost pay and benefits (offset by any
    amounts received by the employee from a passenger air
    carrier or contractor as a result of the employee's
    furlough, including, but not limited to, furlough pay,
    severance pay, or separation pay) between--

    [[Page 2057]]

    (i) in the case of a passenger air carrier,
    December 1, 2020, and the date such passenger air
    carrier enters into an agreement with the
    Secretary for financial assistance under this
    subtitle; or
    (ii) in the case of a contractor, the date of
    enactment of this subtitle and the date on which
    such contractor enters into an agreement with the
    Secretary with respect to financial assistance
    under this subtitle; and
    (C) restore the rights and protections for such
    returning employees as if such employees had not been
    involuntarily furloughed.
    SEC. <>  405. PROTECTION OF COLLECTIVE
    BARGAINING AGREEMENTS.

    (a) In General.--Neither the Secretary, nor any other actor,
    department, or agency of the Federal Government, shall condition the
    issuance of financial assistance under this subtitle on a passenger air
    carrier's or contractor's implementation of measures to enter into
    negotiations with the certified bargaining representative of a craft or
    class of employees of the passenger air carrier or contractor under the
    Railway Labor Act (45 U.S.C. 151 et seq.) or the National Labor
    Relations Act (29 U.S.C. 151 et seq.), regarding pay or other terms and
    conditions of employment.
    (b) Passenger Air Carrier Period of Effect.--With respect to any
    passenger air carrier to which financial assistance is provided under
    this subtitle, this section shall be in effect with respect to the
    passenger air carrier for the period beginning on the date on which the
    passenger air carrier is first issued such financial assistance and
    ending on March 31, 2021.
    (c) Contractor Period of Effect.--With respect to any contractor to
    which financial assistance is provided under this subtitle, this section
    shall be in effect with respect to the contractor beginning on the date
    on which the contractor is first issued such financial assistance and
    ending on March 31, 2021, or until the date on which all funds are
    expended, whichever is later.
    SEC. <>  406. LIMITATION ON CERTAIN EMPLOYEE
    COMPENSATION.

    (a) <>  In General.--The Secretary may only
    provide financial assistance under this subtitle to a passenger air
    carrier or contractor after such carrier or contractor enters into an
    agreement with the Secretary that provides that, during the 2-year
    period beginning October 1, 2020, and ending October 1, 2022--
    (1) no officer or employee of the passenger air carrier or
    contractor whose total compensation exceeded $425,000 in
    calendar year 2019 (other than an employee whose compensation is
    determined through an existing collective bargaining agreement
    entered into prior to the date of enactment of this subtitle)
    will receive from the passenger air carrier or contractor--
    (A) total compensation that exceeds, during any 12
    consecutive months of such 2-year period, the total
    compensation received by the officer or employee from
    the passenger air carrier or contractor in calendar year
    2019; or
    (B) severance pay or other benefits upon termination
    of employment with the passenger air carrier or
    contractor which exceeds twice the maximum total
    compensation

    [[Page 2058]]

    received by the officer or employee from the passenger
    air carrier or contractor in calendar year 2019; and
    (2) no officer or employee of the passenger air carrier or
    contractor whose total compensation exceeded $3,000,000 in
    calendar year 2019 may receive during any 12 consecutive months
    of such period total compensation in excess of the sum of--
    (A) $3,000,000; and
    (B) 50 percent of the excess over $3,000,000 of the
    total compensation received by the officer or employee
    from the passenger air carrier or contractor in calendar
    year 2019.

    (b) Total Compensation Defined.--In this section, the term ``total
    compensation'' includes salary, bonuses, awards of stock, and other
    financial benefits provided by a passenger air carrier or contractor to
    an officer or employee of the passenger air carrier or contractor.
    SEC. <>  407. MINIMUM AIR SERVICE GUARANTEES.

    (a) <>  In General.--The
    Secretary of Transportation is authorized to require, to the extent
    reasonable and practicable, an air carrier provided financial assistance
    under this subtitle to maintain scheduled air transportation, as the
    Secretary of Transportation determines necessary, to ensure services to
    any point served by that air carrier before March 1, 2020.

    (b) Required Considerations.--When considering whether to exercise
    the authority provided by this section, the Secretary of Transportation
    shall take into consideration the air transportation needs of small and
    remote communities, the need to maintain well-functioning health care
    supply chains, including medical devices and supplies, and
    pharmaceutical supply chains.
    (c) Sunset.--The authority provided under this section shall
    terminate on March 1, 2022, and any requirements issued by the Secretary
    of Transportation under this section shall cease to apply after that
    date.
    (d) Sense of Congress.--It is the sense of Congress that, when
    implementing this section, the Secretary of Transportation should take
    into consideration the following:
    (1) A number of airports and communities have lost air
    service as a result of consolidated operations by covered air
    carriers, as permitted by the Department of Transportation,
    including smaller airports that are located near larger
    airports.
    (2) <>  Airports covering common
    points, as determined by the Department of Transportation, do
    not align with the grouping commonly used by many air carriers,
    other Federal agencies, and distribution channels used by
    consumers to purchase air travel.
    (3) The demographic, geographic, economic, and other
    characteristics of an area and affected communities when
    determining whether consolidated operations at a single airport
    effectively serve the needs of the point.
    (4) Maintaining a robust air transportation system,
    including maintaining air service to airports throughout the
    United States, plays an important role in the effective
    distribution of a coronavirus vaccine.

    [[Page 2059]]

    (5) The objections from community respondents on whether a
    specific airport should or should not be included in a
    consolidated point, including those objections noting the
    importance of the required considerations set forth in
    subsection (b).
    SEC. <>  408. TAXPAYER PROTECTION.

    (a) CARES Act Assistance Recipients.--With respect to a recipient of
    financial assistance under section 4113 of the CARES Act (15 U.S.C.
    9073) that receives financial assistance under this subtitle, the
    Secretary may receive warrants, options, preferred stock, debt
    securities, notes, or other financial instruments issued by such
    recipient that are, to the maximum extent practicable, in the same form
    and amount, and under the same terms and conditions, as agreed to by the
    Secretary and such recipient to provide appropriate compensation to the
    Federal Government for the provision of the financial assistance under
    this subtitle.
    (b) Other Applicants.--With respect to a recipient of financial
    assistance under this subtitle that did not receive financial assistance
    under section 4113 of the CARES Act (15 U.S.C. 9073), the Secretary may
    receive warrants, options, preferred stock, debt securities, notes, or
    other financial instruments issued by such recipient in a form and
    amount that are, to the maximum extent practicable, under the same terms
    and conditions as agreed to by the Secretary and similarly situated
    recipients of financial assistance under such section to provide
    appropriate compensation to the Federal Government for the provision of
    the financial assistance under this subtitle.
    SEC. <>  409. REPORTS.

    (a) Report.--Not later than May 1, 2021, the Secretary shall submit
    to the Committee on Transportation and Infrastructure and the Committee
    on Financial Services of the House of Representatives and the Committee
    on Commerce, Science, and Transportation and the Committee on Banking,
    Housing, and Urban Affairs of the Senate a report on the financial
    assistance provided to passenger air carriers and contractors under this
    subtitle, that includes--
    (1) a description of any financial assistance provided to
    passenger air carriers under this subtitle;
    (2) <>  any audits of passenger air carriers
    or contractors receiving financial assistance under this
    subtitle;
    (3) any reports filed by passenger air carriers or
    contractors receiving financial assistance under this subtitle;
    (4) any instances of non-compliance by passenger air
    carriers or contractors receiving financial assistance under
    this subtitle with the requirements of this subtitle or
    agreements entered into with the Secretary to receive such
    financial assistance; and
    (5) information relating to any clawback of any financial
    assistance provided to passenger air carriers or contractors
    under this subtitle.

    (b) Internet Updates.--The Secretary shall update the website of the
    Department of the Treasury, at minimum, on a weekly basis as necessary
    to reflect new or revised distributions of financial assistance under
    this subtitle with respect to each passenger air carrier or contractor
    that receives such assistance, the identification of any applicant that
    applied for financial assistance under this subtitle, and the date of
    application for such assistance.

    [[Page 2060]]

    (c) <>  Supplemental Update.--Not
    later than the last day of the 1-year period following the date of
    enactment of this subtitle, the Secretary shall update and submit to the
    Committee on Transportation and Infrastructure and the Committee on
    Financial Services of the House of Representatives and the Committee on
    Commerce, Science, and Transportation and the Committee on Banking,
    Housing, and Urban Affairs of the Senate, the report submitted under
    subsection (a).

    (d) <>  Protection of Certain Data.--The
    Secretary may withhold information that would otherwise be required to
    be made available under this section only if the Secretary determines to
    withhold the information in accordance with section 552 of title 5,
    United States Code.
    SEC. <>  410. COORDINATION.

    In implementing this subtitle, the Secretary shall coordinate with
    the Secretary of Transportation.
    SEC. 411. FUNDING.

    There is appropriated, out of amounts in the Treasury not otherwise
    appropriated, $16,000,000,000 to carry out this subtitle, to remain
    available until expended.
    SEC. <>  412. CARES ACT AMENDMENTS.

    (a) Continued Application of Required Assurances.--Section 4114 of
    the CARES Act (15 U.S.C. 9074) is amended by adding at the end the
    following new subsections:
    ``(c) <>  Continued Application.--
    ``(1) In general.--If, after the date of enactment of this
    subsection, a contractor expends any funds made available
    pursuant to section 4112 and distributed pursuant to section
    4113, the assurances in paragraphs (1) through (3) of subsection
    (a) shall continue to apply until the dates included in such
    paragraphs, or the date on which the contractor fully expends
    such financial assistance, whichever is later.
    ``(2) <>  Special rule.--Not later
    than April 5, 2021, each contractor described in section
    4111(3)(A)(i) that has received funds pursuant to such section
    4112 shall report to the Secretary on the amount of such funds
    that the contractor has expended through March 31, 2021. If the
    contractor has expended an amount that is less than 100 percent
    of the total amount of funds the contractor received under such
    section, the Secretary shall initiate an action to recover any
    funds that remain unexpended as of April 30, 2021.

    ``(d) Recall of Employees.--
    ``(1) <>  In
    general.--Subject to paragraph (2), any contractor that has
    unspent financial assistance provided under this subtitle as of
    the date of enactment of this subsection and conducted
    involuntary furloughs or reduced pay rates and benefits, between
    March 27, 2020, and the date on which the contractor entered
    into an agreement with the Secretary related to financial
    assistance under this subtitle, shall recall (as defined in
    section 4111) employees who were involuntarily furloughed during
    such period by not later than January 4, 2021.
    ``(2) <>  Waiver.--The
    Secretary of the Treasury shall waive the requirement under
    paragraph (1) for a contractor to recall employees if the
    contractor certifies that the contractor has or will have
    insufficient remaining financial assistance provided

    [[Page 2061]]

    under this subtitle to keep recalled employees employed for more
    than two weeks upon returning to work.
    ``(3) Audits.--The Inspector General of the Department of
    the Treasury shall audit certifications made under paragraph
    (2).''.

    (b) Definition of Recall.--Section 4111 of the CARES Act (15 U.S.C.
    9071) is amended--
    (1) in paragraph (4) by striking ``and'' at the end;
    (2) by redesignating paragraph (5) as paragraph (6); and
    (3) by inserting after paragraph (4) the following:
    ``(5) the term `recall' means the dispatch of a notice by a
    contractor, via mail, courier, or electronic mail, to an
    involuntarily furloughed employee notifying the employee that--
    ``(A) the employee must, within a specified period
    of time that is not less than 14 days, elect either--
    ``(i) to return to employment or bypass return
    to employment in accordance with an applicable
    collective bargaining agreement or, in the absence
    of a collective bargaining agreement, company
    policy; or
    ``(ii) to permanently separate from employment
    with the contractor; and
    ``(B) failure to respond within such time period
    specified will be deemed to be an election under
    subparagraph (A)(ii); and''.

    (c) Definition of Businesses Critical to Maintaining National
    Security.--Section 4002 of the CARES Act (15 U.S.C. 9041) is amended by
    adding at the end the following:
    ``(11) Aerospace-related businesses critical to maintaining
    national security.--The term `businesses critical to maintaining
    national security' means those businesses that manufacture or
    produce aerospace-related products, civil or defense, including
    those that design, integrate, assemble, supply, maintain, and
    repair such products, and other businesses involved in
    aerospace-related manufacturing or production as further defined
    by the Secretary, in consultation with the Secretary of Defense
    and the Secretary of Transportation. For purposes of the
    preceding sentence, aerospace-related products include, but are
    not limited to, components, parts, or systems of aircraft,
    aircraft engines, or appliances for inclusion in an aircraft,
    aircraft engine, or appliance.''.

    Subtitle B-- <> Coronavirus Economic Relief for
    Transportation Services Act
    SEC. <>  420. SHORT TITLE.

    This subtitle may be cited as the ``Coronavirus Economic Relief for
    Transportation Services Act''.
    SEC. <>  421. ASSISTANCE FOR PROVIDERS OF
    TRANSPORTATION SERVICES AFFECTED BY
    COVID-19.

    (a) Definitions.--In this section:
    (1) Covered period.--The term ``covered period'', with
    respect to a provider of transportation services, means the
    period--
    (A) beginning on the date of enactment of this Act;
    and

    [[Page 2062]]

    (B) ending on the later of--
    (i) March 31, 2021; or
    (ii) the date on which all funds provided to
    the provider of transportation services under
    subsection (c) are expended.
    (2) COVID-19.--The term ``COVID-19'' means the Coronavirus
    Disease 2019.
    (3) Payroll costs.--
    (A) In general.--The term ``payroll costs'' means--
    (i) any payment to an employee of compensation
    in the form of--
    (I) salary, wage, commission, or
    similar compensation;
    (II) payment of a cash tip or an
    equivalent;
    (III) payment for vacation,
    parental, family, medical, or sick
    leave;
    (IV) payment required for the
    provision of group health care or other
    group insurance benefits, including
    insurance premiums;
    (V) payment of a retirement benefit;
    (VI) payment of a State or local tax
    assessed on employees with respect to
    compensation; or
    (VII) paid administrative leave; and
    (ii) any payment of compensation to, or income
    of, a sole proprietor or independent contractor--
    (I) that is--
    (aa) a wage;
    (bb) a commission;
    (cc) income;
    (dd) net earnings from self-
    employment; or
    (ee) similar compensation;
    and
    (II) in an amount equal to not more
    than $100,000 during 1 calendar year, as
    prorated for the covered period.
    (B) Exclusions.--The term ``payroll costs'' does not
    include--
    (i) any compensation of an individual employee
    in excess of an annual salary of $100,000, as
    prorated for the covered period;
    (ii) any tax imposed or withheld under chapter
    21, 22, or 24 of the Internal Revenue Code of 1986
    during the covered period;
    (iii) any compensation of an employee whose
    principal place of residence is outside the United
    States;
    (iv) any qualified sick leave wages for which
    a credit is allowed under section 7001 of the
    Families First Coronavirus Response Act (26 U.S.C.
    3111 note; Public Law 116-127);
    (v) any qualified family leave wages for which
    a credit is allowed under section 7003 of that Act
    (26 U.S.C. 3111 note; Public Law 116-127); or
    (vi) any bonus, raise in excess of inflation,
    or other form of additional employee compensation.
    (4) Provider of transportation services.--The term
    ``provider of transportation services'' means an entity that--
    (A) is established or organized--

    [[Page 2063]]

    (i) in the United States; or
    (ii) pursuant to Federal law;
    (B) has significant operations, and a majority of
    employees based, in the United States;
    (C) was in operation on March 1, 2020; and
    (D) is the operator of--
    (i) a vessel of the United States (as defined
    in section 116 of title 46, United States Code)
    that is--
    (I) a passenger vessel (as defined
    in section 2101 of that title) carrying
    fewer than 2,400 passengers;
    (II) a small passenger vessel (as
    defined in section 2101 of that title);
    or
    (III) a vessel providing pilotage
    services and regulated by a State in
    accordance with chapter 85 of that
    title;
    (ii) a company providing transportation
    services using a bus characterized by an elevated
    passenger deck located over a baggage compartment
    (commonly known as an ``over-the-road bus''),
    including local and intercity fixed-route service,
    commuter service, and charter or tour service
    (including tour or excursion service that includes
    features in addition to bus transportation, such
    as meals, lodging, admission to points of interest
    or special attractions, or the services of a
    guide);
    (iii) a company providing transportation
    services using a school bus (as defined in section
    571.3 of title 49, Code of Federal Regulations (or
    successor regulations)); or
    (iv) <>
    any other passenger transportation service company
    subject to regulation by the Department of
    Transportation as the Secretary, in consultation
    with the Secretary of Transportation, determines
    to be appropriate.
    (5) Secretary.--The term ``Secretary'' means the Secretary
    of the Treasury.

    (b) Funding.--Out of any funds in the Treasury not otherwise
    appropriated, there are appropriated to provide grants to eligible
    providers of transportation services under this section, $2,000,000,000
    for fiscal year 2021, to remain available until expended.
    (c) Provision of Assistance.--
    (1) <>  In
    general.--The Secretary, in consultation with the Secretary of
    Transportation, shall use the amounts made available under
    subsection (b) to provide grants to eligible providers of
    transportation services described in paragraph (2) that certify
    to the Secretary that the providers of transportation services
    have experienced a revenue loss of 25 percent or more, on an
    annual basis, as a direct or indirect result of COVID-19.
    (2) Description of eligible providers of transportation
    services.--
    (A) In general.--An eligible provider of
    transportation services referred to in paragraph (1)
    is--
    (i) <>  a provider of
    transportation services that, on March 1, 2020--

    [[Page 2064]]

    (I) had 500 or fewer full-time,
    part-time, or temporary employees; and
    (II) was not a subsidiary, parent,
    or affiliate of any other entity with a
    combined total workforce of more than
    500 full-time, part-time, or temporary
    employees; or
    (ii) a provider of transportation services
    that--
    (I) on March 1, 2020, had more than
    500 full-time, part-time, or temporary
    employees; and
    (II) has not received assistance
    under paragraph (1), (2), or (3) of
    section 4003(b), or subtitle B of title
    IV of division A, of the Coronavirus
    Aid, Relief, and Economic Security Act
    (Public Law 116-136; 134 Stat. 281).
    (B) Scope of eligibility for certain companies.--
    (i) In general.--A provider of transportation
    services that has entered into or maintains a
    contract or agreement described in clause (ii)
    shall not be determined to be ineligible for
    assistance under this subsection on the basis of
    that contract or agreement, subject to clause
    (iv).
    (ii) Contract or agreement described.--A
    contract or agreement referred to in clause (i) is
    a contract or agreement for transportation
    services that is supported by a public entity
    using funds received under the Emergency
    Appropriations for Coronavirus Health Response and
    Agency Operations (division B of Public Law 116-
    136; 134 Stat. 505).
    (iii) Adjustment of assistance.--The Secretary
    may reduce the amount of assistance available
    under this subsection to a provider of
    transportation services described in clause (i)
    based on the amount of funds provided under this
    section or the Emergency Appropriations for
    Coronavirus Health Response and Agency Operations
    (division B of Public Law 116-136; 134 Stat. 505)
    that have supported a contract or agreement
    described in clause (ii) to which the provider of
    transportation services is a party.
    (iv) Notice requirement.--A provider of
    transportation services that has entered into or
    maintains a contract or agreement described in
    clause (ii), and that applies for assistance under
    this subsection, shall submit to the Secretary a
    notice describing the contract or agreement,
    including the amount of funds provided for the
    contract or agreement under this subsection or the
    Emergency Appropriations for Coronavirus Health
    Response and Agency Operations (division B of
    Public Law 116-136; 134 Stat. 505).
    (3) Amount.--
    (A) <>  Factors for
    consideration.--In determining the amount of assistance
    to be provided to an eligible provider of transportation
    services under this subsection, the Secretary shall take
    into consideration information provided by the provider
    of transportation services, including--
    (i) the amount of debt owed by the provider of
    transportation services on major equipment, if
    any;

    [[Page 2065]]

    (ii) other sources of Federal assistance
    provided to the provider of transportation
    services, if any; and
    (iii) such other information as the Secretary
    may require.
    (B) Limitations.--
    (i) Award.--The Secretary shall ensure that
    the amount of assistance provided to a provider of
    transportation services under this subsection,
    when combined with any other Federal assistance
    provided in response to COVID-19 under the
    Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136; 134 Stat. 281), the Paycheck
    Protection Program and Health Care Enhancement Act
    (Public Law 116-139; 134 Stat. 620), or any other
    provision of law, does not exceed the total amount
    of revenue earned by the provider of
    transportation services during calendar year 2019.
    (ii) Certification.--A provider of
    transportation services seeking assistance under
    this subsection shall submit to the Secretary--
    (I) <> documentation
    describing the total amount of revenue
    earned by the provider of transportation
    services during calendar year 2019; and
    (II) a certification that the amount
    of assistance sought under this
    subsection, when combined with any other
    Federal assistance described in clause
    (i), does not exceed the total amount of
    revenue earned by the provider of
    transportation services during calendar
    year 2019.
    (4) Form of assistance.--The amounts made available under
    subsection (b) shall be provided to eligible providers of
    transportation services in the form of grants.
    (5) Equal access.--The Secretary shall ensure equal access
    to the assistance provided under this section to eligible
    providers of transportation services that are small, minority-
    owned, and women-owned businesses.
    (6) <>  Conditions of receipt.--As a
    condition of receipt of assistance under this subsection, the
    Secretary shall require that a provider of transportation
    services shall agree--
    (A) subject to paragraph (7)--
    (i) to commence using the funds, on a priority
    basis and to the extent the funds are available,
    to maintain through the applicable covered period,
    expenditures on payroll costs for all employees as
    of the date of enactment of this Act, after making
    any adjustments required for--
    (I) retirement; or
    (II) voluntary employee separation;
    (ii) not to impose, during the covered
    period--
    (I) any involuntary furlough; or
    (II) any reduction in pay rates or
    benefits for nonexecutive employees; and
    (iii) <>  to recall or
    rehire any employees laid off, furloughed, or
    terminated after March 27, 2020, to the extent
    warranted by increased service levels;
    (B) <>  to return to the Secretary
    any funds received under this subsection that are not
    used by the provider of

    [[Page 2066]]

    transportation services by the date that is 1 year after
    the date of receipt of the funds; and
    (C) <>  to examine the
    anticipated expenditure of the funds by the provider of
    transportation services for the purposes described in
    subparagraph (A) not less frequently than once every 90
    days after the date of receipt of the funds.
    (7) Ramp-up period.--The requirement described in paragraph
    (6)(A)(iii) shall not apply to a provider of transportation
    services until the later of--
    (A) the date that is 30 days after the date of
    receipt of the funds; and
    (B) the date that is 90 days after the date of
    enactment of this Act.
    (8) Additional conditions of certain receipts.--
    (A) <>  Prioritization of
    payroll costs.--As a condition of receipt of a grant
    under this subsection, the Secretary shall require that,
    except as provided in subparagraph (B), a provider of
    transportation services shall agree to use an amount
    equal to not less than 60 percent of the funds on
    payroll costs of the provider of transportation
    services.
    (B) <> Exception.--
    Subparagraph (A) shall not apply to a provider of
    transportation services if the provider of
    transportation services certifies to the Secretary that,
    after making any adjustments required for retirement or
    voluntary employee separation--
    (i) <>  each
    nonseasonal employee on the payroll of the
    provider of transportation services on January 1,
    2020--
    (I) if laid off, furloughed, or
    terminated by the provider of
    transportation services as described in
    paragraph (6)(A)(iii), is rehired, or
    has been offered rehire, by the provider
    of transportation services; and
    (II) if rehired under clause (i) or
    subject to a reduction in salary before
    the date of receipt by the provider of
    transportation services of assistance
    under this subsection, receives not less
    than 100 percent of the previous salary
    of the employee;
    (ii) the provider of transportation services--
    (I) is staffed at a level of full-
    time equivalent, seasonal employees, on
    a monthly basis, that is greater than or
    equivalent to the level at which the
    provider of transportation services was
    staffed with full-time equivalent,
    seasonal employees on a monthly basis
    during calendar year 2019;
    (II) is offering priority in
    rehiring to seasonal employees that were
    laid off, furloughed, terminated, or not
    offered rehire in calendar year 2020, as
    the provider of transportation services
    achieves staffing at the level described
    in subclause (I); and
    (III) offers any seasonal employee
    rehired under subclause (II) or subject
    to a reduction in salary before the date
    of receipt by the provider of
    transportation services of assistance
    under this

    [[Page 2067]]

    subsection not less than 100 percent of
    the previous salary of the employee; and
    (iii) the provider of transportation services
    will fully cover, through the applicable covered
    period, all payroll costs associated with the
    staffing requirements described in clauses (i) and
    (ii).
    (9) <>  Forms; terms and conditions.--
    A grant provided under this section shall be in such form,
    subject to such terms and conditions, and contain such
    covenants, representations, warranties, and requirements
    (including requirements for audits) as the Secretary determines
    to be appropriate in accordance with this section.

    (d) Eligible Activities.--
    (1) In general.--Subject to the priority described in
    subsection (c)(6)(A), a provider of transportation services
    shall use assistance provided under subsection (c) only for--
    (A) the payment of payroll costs;
    (B) the acquisition of services, equipment,
    including personal protective equipment, and other
    measures needed to protect workers and customers from
    COVID-19;
    (C) continued operations and maintenance during the
    applicable covered period of existing capital equipment
    and facilities--
    (i) including rent, leases, insurance, and
    interest on regularly scheduled debt service; but
    (ii) not including any prepayment of, or
    payment of principal on, a debt obligation, except
    for any principal on a debt obligation accrued by
    the provider of transportation services directly
    to maintain the expenditures of the provider of
    transportation services on payroll costs
    throughout the COVID-19 pandemic; or
    (D) the compensation of returning employees for lost
    pay and benefits during the COVID-19 pandemic, subject
    to subsection (e).
    (2) Eligibility.--The use of assistance provided under
    subsection (c) for the compensation of returning employees under
    paragraph (1)(D) shall be counted toward the required amount of
    grants to be used on payroll costs under subsection (c)(6)(A).

    (e) Compensation of Returning Employees.--Notwithstanding any other
    provision of law, any compensation provided to a returning employee
    under subsection (d)(1)(D)--
    (1) shall be offset by--
    (A) any amounts received by the employee from the
    provider of transportation services as a result of the
    layoff, furlough, or termination of the employee or any
    failure to hire the employee for seasonal employment
    during calendar year 2020, including--
    (i) furlough pay;
    (ii) severance pay; or
    (iii) separation pay; and
    (B) any amounts the employee received from
    unemployment insurance; and
    (2) shall not--
    (A) be considered an overpayment for purposes of any
    State or Federal unemployment law; or

    [[Page 2068]]

    (B) be subject to any overpayment recovery efforts
    by a State agency (as defined in section 205 of the
    Federal-State Extended Unemployment Compensation Act of
    1970 (U.S.C. 3304 note)).

    (f) Administrative Provisions.--
    (1) <>  In general.--The Secretary may
    take such actions as the Secretary determines to be necessary to
    carry out this section, including--
    (A) using direct hiring authority to hire employees
    to administer this section;
    (B) entering into contracts, including contracts for
    services authorized by this section; and
    (C) issuing such regulations and other guidance as
    may be necessary or appropriate to carry out the
    purposes of this section.
    (2) Administrative expenses.--Of the funds made available
    under this section, not more than $50,000,000 may be used by the
    Secretary for administrative expenses to carry out this section.
    (3) Availability for obligation.--The funds made available
    under this section shall remain available for obligation until
    the date that is 3 years after the date of enactment of this
    Act.

    Subtitle <>  C--
    Motor Carrier Safety Grant Relief Act of 2020
    SEC. <>  440. SHORT TITLE.

    This subtitle may be cited as the ``Motor Carrier Safety Grant
    Relief Act of 2020''.
    SEC. <>  441. RELIEF FOR RECIPIENTS OF
    FINANCIAL ASSISTANCE AWARDS FROM THE
    FEDERAL MOTOR CARRIER SAFETY
    ADMINISTRATION.

    (a) Definition of Secretary.--In this section, the term
    ``Secretary'' means the Secretary of Transportation.
    (b) Relief for Recipients of Financial Assistance Awarded for Fiscal
    Years 2019 and 2020.--
    (1) In general.--Notwithstanding any provision of chapter
    311 of title 49, United States Code (including any applicable
    period of availability under section 31104(f) of that title),
    and any regulations promulgated under that chapter and subject
    to paragraph (2), the period of availability during which a
    recipient may expend amounts made available to the recipient
    under a grant or cooperative agreement described in
    subparagraphs (A) through (E) shall be--
    (A) for a grant made under section 31102 of that
    title (other than subsection (l) of that section)--
    (i) the fiscal year in which the Secretary
    approves the financial assistance agreement with
    respect to the grant; and
    (ii) the following 2 fiscal years;
    (B) for a grant made or a cooperative agreement
    entered into under section 31102(l)(2) of that title--

    [[Page 2069]]

    (i) the fiscal year in which the Secretary
    approves the financial assistance agreement with
    respect to the grant or cooperative agreement; and
    (ii) the following 3 fiscal years;
    (C) for a grant made under section 31102(l)(3) of
    that title--
    (i) the fiscal year in which the Secretary
    approves the financial assistance agreement with
    respect to the grant; and
    (ii) the following 5 fiscal years;
    (D) for a grant made under section 31103 of that
    title--
    (i) the fiscal year in which the Secretary
    approves the financial assistance agreement with
    respect to the grant; and
    (ii) the following 2 fiscal years; and
    (E) for a grant made or a cooperative agreement
    entered into under section 31313 of that title--
    (i) the year in which the Secretary approves
    the financial assistance agreement with respect to
    the grant or cooperative agreement; and
    (ii) the following 5 fiscal years.
    (2) Applicability.--
    (A) Amounts awarded for fiscal years 2019 and
    2020.--The periods of availability described in
    paragraph (1) shall apply only--
    (i) to amounts awarded for fiscal year 2019 or
    2020 under a grant or cooperative agreement
    described in subparagraphs (A) through (E) of that
    paragraph; and
    (ii) for the purpose of expanding the period
    of availability during which the recipient may
    expend the amounts described in clause (i).
    (B) Amounts awarded for other years.--The periods of
    availability described in paragraph (1) shall not apply
    to any amounts awarded under a grant or cooperative
    agreement described in subparagraphs (A) through (E) of
    that paragraph for any fiscal year other than fiscal
    year 2019 or 2020, and those amounts shall be subject to
    the period of availability otherwise applicable to those
    amounts under Federal law.

    Subtitle D--Extension of Waiver Authority

    SEC. <>  442. EXTENSION OF WAIVER
    AUTHORITY.

    Notwithstanding any other provision of law, in fiscal year 2021, the
    Secretary of Transportation may exercise the authority provided by
    section 22005 of division B of the CARES Act (23 U.S.C. 401 note; Public
    Law 116-136).

    TITLE V--BANKING

    Subtitle A--Emergency Rental Assistance

    SEC. <>  501. EMERGENCY RENTAL ASSISTANCE.

    (a) Appropriation.--

    [[Page 2070]]

    (1) In general.--Out of any money in the Treasury of the
    United States not otherwise appropriated, there are appropriated
    for making payments to eligible grantees under this section,
    $25,000,000,000 for fiscal year 2021.
    (2) Reservation of funds for the territories and tribal
    communities.--Of the amount appropriated under paragraph (1),
    the Secretary shall reserve--
    (A) $400,000,000 of such amount for making payments
    under this section to the Commonwealth of Puerto Rico,
    the United States Virgin Islands, Guam, the Commonwealth
    of the Northern Mariana Islands, and American Samoa; and
    (B) $800,000,000 of such amount for making payments
    under this section to eligible grantees described in
    subparagraphs (C) and (D) of subsection (k)(2); and
    (C) $15,000,000 for administrative expenses of the
    Secretary described in subsection (h).

    (b) Payments for Rental Assistance.--
    (1) Allocation and payments to states and units of local
    government.--
    (A) In general.--The amount appropriated under
    paragraph (1) of subsection (a) that remains after the
    application of paragraph (2) of such subsection shall be
    allocated and paid to eligible grantees described in
    subparagraph (B) in the same manner as the amount
    appropriated under subsection (a)(1) of section 601 of
    the Social Security Act (42 U.S.C. 801) is allocated and
    paid to States and units of local government under
    subsections (b) and (c) of such section, and shall be
    subject to the same requirements, except that--
    (i) <>  the deadline for
    payments under section 601(b)(1) of such Act
    shall, for purposes of payments under this
    section, be deemed to be not later than 30 days
    after the date of enactment of this section;
    (ii) the amount referred to in paragraph (3)
    of section 601(c) of such Act shall be deemed to
    be the amount appropriated under paragraph (1) of
    subsection (a) of this Act that remains after the
    application of paragraph (2) of such subsection;
    (iii) <>  section 601(c)
    of the Social Security Act shall be applied--
    (I) by substituting ``1 of the 50
    States or the District of Columbia'' for
    ``1 of the 50 States'' each place it
    appears;
    (II) in paragraph (2)(A), by
    substituting `` $200,000,000'' for ``
    $1,250,000,000'';
    (III) in paragraph (2)(B), by
    substituting ``each of the 50 States and
    District of Columbia'' for ``each of the
    50 States'';
    (IV) in paragraph (4), by
    substituting ``excluding the
    Commonwealth of Puerto Rico, the United
    States Virgin Islands, Guam, the
    Commonwealth of the Northern Mariana
    Islands, and American Samoa'' for
    ``excluding the District of Columbia and
    territories specified in subsection
    (a)(2)(A)''; and
    (V) without regard to paragraph (6);

    [[Page 2071]]

    (iv) section 601(d) of such Act shall not
    apply to such payments; and
    (v) <> section 601(e)
    shall be applied --
    (I) by substituting ``under section
    501 of subtitle A of title V of division
    N of the Consolidated Appropriations
    Act, 2021'' for ``under this section'';
    and
    (II) by substituting ``local
    government elects to receive funds from
    the Secretary under section 501 of
    subtitle A of title V of division N of
    the Consolidated Appropriations Act,
    2021 and will use the funds in a manner
    consistent with such section'' for
    ``local government's proposed uses of
    the funds are consistent with subsection
    (d)''.
    (B) Eligible grantees described.--The eligible
    grantees described in this subparagraph are the
    following:
    (i) A State that is 1 of the 50 States or the
    District of Columbia.
    (ii) A unit of local government located in a
    State described in clause (i).
    (2) Allocation and payments to tribal communities.--
    (A) In general.--From the amount reserved under
    subsection (a)(2)(B), the Secretary shall--
    (i) pay the amount equal to 0.3 percent of
    such amount to the Department of Hawaiian Home
    Lands; and
    (ii) <>
    subject to subparagraph (B), from the remainder of
    such amount, allocate and pay to each Indian tribe
    (or, if applicable, the tribally designated
    housing entity of an Indian tribe) that was
    eligible for a grant under title I of the Native
    American Housing Assistance and Self-Determination
    Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for
    fiscal year 2020 an amount that bears the same
    proportion to the such remainder as the amount
    each such Indian tribe (or entity) was eligible to
    receive for such fiscal year from the amount
    appropriated under paragraph (1) under the heading
    ``native american programs'' under the heading
    ``Public and Indian Housing'' of title II of
    division H of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) to
    carry out the Native American Housing Block Grants
    program bears to the amount appropriated under
    such paragraph for such fiscal year, provided the
    Secretary shall be authorized to allocate, in an
    equitable manner as determined by the Secretary,
    and pay any Indian tribe that opted out of
    receiving a grant allocation under the Native
    American Housing Block Grants program formula in
    fiscal year 2020, including by establishing a
    minimum amount of payments to such Indian tribe,
    provided such Indian tribe notifies the Secretary
    not later than 30 days after the date of enactment
    of this Act that it intends to receive allocations
    and payments under this section.
    (B) Pro rata adjustment; distribution of declined
    funds.--

    [[Page 2072]]

    (i) Pro rata adjustments.--The Secretary shall
    make pro rata reductions in the amounts of the
    allocations determined under clause (ii) of
    subparagraph (A) for entities described in such
    clause as necessary to ensure that the total
    amount of payments made pursuant to such clause
    does not exceed the remainder amount described in
    such clause.
    (ii) <>
    Distribution of declined funds.--If the Secretary
    determines as of 30 days after the date of
    enactment of this Act that an entity described in
    clause (ii) of subparagraph (A) has declined to
    receive its full allocation under such clause
    then, not later than 15 days after such date, the
    Secretary shall redistribute, on a pro rata basis,
    such allocation among the other entities described
    in such clause that have not declined to receive
    their allocations.
    (3) Allocations and payments to territories.--
    (A) In general.--From the amount reserved under
    subsection (a)(2)(A), subject to subparagraph (B), the
    Secretary shall allocate and pay to each eligible
    grantee described in subparagraph (C) an amount equal to
    the product of--
    (i) the amount so reserved; and
    (ii) <>  each such
    eligible grantee's share of the combined total
    population of all such eligible grantees, as
    determined by the Secretary.
    (B) Allocation adjustment.--
    (i) Requirement.--The sum of the amounts
    allocated under subparagraph (A) to all of the
    eligible grantees described in clause (ii) of
    subparagraph (C) shall not be less than the amount
    equal to 0.3 percent of the amount appropriated
    under subsection (a)(1).
    (ii) Reduction.--The Secretary shall reduce
    the amount of the allocation determined under
    subparagraph (A) for the eligible grantee
    described in clause (i) of subparagraph (C) as
    necessary to meet the requirement of clause (i).
    (C) Eligible grantees described.--The eligible
    grantees described in this subparagraph are--
    (i) the Commonwealth of Puerto Rico; and
    (ii) the United States Virgin Islands, Guam,
    the Commonwealth of the Northern Mariana Islands,
    and American Samoa.

    (c) Use of Funds.--
    (1) In general.--An eligible grantee shall only use the
    funds provided from a payment made under this section to provide
    financial assistance and housing stability services to eligible
    households.
    (2) Financial assistance.--
    (A) In general.--Not less than 90 percent of the
    funds received by an eligible grantee from a payment
    made under this section shall be used to provide
    financial assistance to eligible households, including
    the payment of
    (i) rent;
    (ii) rental arrears;
    (iii) utilities and home energy costs;
    (iv) utilities and home energy costs arrears;
    and

    [[Page 2073]]

    (v) other expenses related to housing incurred
    due, directly or indirectly, to the novel
    coronavirus disease (COVID-19) outbreak, as
    defined by the Secretary.
    Such <>  assistance shall be
    provided for a period not to exceed 12 months except
    that grantees may provide assistance for an additional 3
    months only if necessary to ensure housing stability for
    a household subject to the availability of funds.
    (B) Limitation on assistance for prospective rent
    payments.--
    (i) <>  In general.--
    Subject to the exception in clause (ii), an
    eligible grantee shall not provide an eligible
    household with financial assistance for
    prospective rent payments for more than 3 months
    based on any application by or on behalf of the
    household.
    (ii) Exception.--For any eligible household
    described in clause (i), such household may
    receive financial assistance for prospective rent
    payments for additional months:
    (I) subject to the availability of
    remaining funds currently allocated to
    the eligible grantee, and
    (II) based on a subsequent
    application for additional financial
    assistance provided that the total
    months of financial assistance provided
    to the household do not exceed the total
    months of assistance allowed under
    subparagraph (A).
    (iii) Further limitation.--To the extent that
    applicants have rental arrears, grantees may not
    make commitments for prospective rent payments
    unless they have also provided assistance to
    reduce an eligible household's rental arrears.
    (C) Distribution of financial assistance.--
    (i) Payments.--
    (I) In general.--With respect to
    financial assistance for rent and rental
    arrears and utilities and home energy
    costs and utility and home energy costs
    arrears provided to an eligible
    household from a payment made under this
    section, an eligible grantee shall make
    payments to a lessor or utility provider
    on behalf of the eligible household,
    except that, if the lessor or utility
    provider does not agree to accept such
    payment from the grantee after outreach
    to the lessor or utility provider by the
    grantee, the grantee may make such
    payments directly to the eligible
    household for the purpose of making
    payments to the lessor or utility
    provider.
    (II) Rule of construction.--Nothing
    in this section shall be construed to
    invalidate any otherwise legitimate
    grounds for eviction.
    (ii) Documentation.--For any payments made by
    an eligible grantee to a lessor or utility
    provider on behalf of an eligible household, the
    eligible grantee shall provide documentation of
    such payments to such household.

    [[Page 2074]]

    (3) Housing stability services.--Not more than 10 percent of
    funds received by an eligible grantee from a payment made under
    this section may be used to provide eligible households with
    case management and other services related to the novel
    coronavirus disease (COVID-19) outbreak, as defined by the
    Secretary, intended to help keep households stably housed.
    (4) Prioritization of assistance.--
    (A) In reviewing applications for financial
    assistance and housing stability services to eligible
    households from a payment made under this section, an
    eligible grantee shall prioritize consideration of the
    applications of an eligible household that satisfies any
    of the following conditions:
    (i) The income of the household does not
    exceed 50 percent of the area median income for
    the household.
    (ii) <> 1 or more
    individuals within the household are unemployed as
    of the date of the application for assistance and
    have not been employed for the 90-day period
    preceding such date.
    (B) Nothing in this section shall be construed to
    prohibit an eligible grantee from providing a process
    for the further prioritizing of applications for
    financial assistance and housing stability services from
    a payment made under this section, including to eligible
    households in which 1 or more individuals within the
    household were unable to reach their place of employment
    or their place of employment was closed because of a
    public health order imposed as a direct result of the
    COVID-19 public health emergency.
    (5) Administrative costs.--
    (A) In general.--Not more than 10 percent of the
    amount paid to an eligible grantee under this section
    may be used for administrative costs attributable to
    providing financial assistance and housing stability
    services under paragraphs (2) and (3), respectively,
    including for data collection and reporting requirements
    related to such funds.
    (B) No other administrative costs.--Amounts paid
    under this section shall not be used for any
    administrative costs other than to the extent allowed
    under subparagraph (A).

    (d) <>  Reallocation of
    Unused Funds.--Beginning on September 30, 2021, the Secretary shall
    recapture excess funds, as determined by the Secretary, not obligated by
    a grantee for the purposes described under subsection (c) and the
    Secretary shall reallocate and repay such amounts to eligible grantees
    who, at the time of such reallocation, have obligated at least 65
    percent of the amount originally allocated and paid to such grantee
    under subsection (b)(1), only for the allowable uses described under
    subsection (c). The amount of any such reallocation shall be determined
    based on demonstrated need within a grantee's jurisdiction, as
    determined by the Secretary.

    (e) Availability.--
    (1) In general.--Funds provided to an eligible grantee under
    a payment made under this section shall remain available through
    December 31, 2021.

    [[Page 2075]]

    (2) Extension for funds provided pursuant to a reallocation
    of unused funds.--For funds reallocated to an eligible grantee
    pursuant to subsection (d), an eligible grantee may request,
    subject to the approval of the Secretary, a 90-day extension of
    the deadline established in paragraph (1).

    (f) Application for Assistance by Landlords and Owners.--
    (1) In general.--Subject to paragraph (2), nothing in this
    section shall preclude a landlord or owner of a residential
    dwelling from--
    (A) assisting a renter of such dwelling in applying
    for assistance from a payment made under this section;
    or
    (B) applying for such assistance on behalf of a
    renter of such dwelling.
    (2) Requirements for applications submitted on behalf of
    tenants.--If a landlord or owner of a residential dwelling
    submits an application for assistance from a payment made under
    this section on behalf of a renter of such dwelling--
    (A) the landlord must obtain the signature of the
    tenant on such application, which may be documented
    electronically;
    (B) documentation of such application shall be
    provided to the tenant by the landlord; and
    (C) any payments received by the landlord from a
    payment made under this section shall be used to satisfy
    the tenant's rental obligations to the owner.

    (g) Reporting Requirements.--
    (1) <>  In general.--The
    Secretary, in consultation with the Secretary of Housing and
    Urban Development, shall provide public reports not less
    frequently than quarterly regarding the use of funds made
    available under this section, which shall include, with respect
    to each eligible grantee under this section, both for the past
    quarter and over the period for which such funds are available--
    (A) the number of eligible households that receive
    assistance from such payments;
    (B) the acceptance rate of applicants for
    assistance;
    (C) the type or types of assistance provided to each
    eligible household;
    (D) the average amount of funding provided per
    eligible household receiving assistance;
    (E) household income level, with such information
    disaggregated for households with income that--
    (i) does not exceed 30 percent of the area
    median income for the household;
    (ii) exceeds 30 percent but does not exceed 50
    percent of the area median income for the
    household; and
    (iii) exceeds 50 percent but does not exceed
    80 percent of area median income for the
    household; and
    (F) the average number of monthly rental or utility
    payments that were covered by the funding amount that a
    household received, as applicable.
    (2) Disaggregation.--Each report under this subsection shall
    disaggregate the information relating to households provided
    under subparagraphs (A) through (F) of paragraph (1)

    [[Page 2076]]

    by the gender, race, and ethnicity of the primary applicant for
    assistance in such households.
    (3) Alternative reporting requirements for certain
    grantees.--The Secretary may establish alternative reporting
    requirements for grantees described in subsection (b)(2).
    (4) Privacy requirements.--
    (A) In general.--Each eligible grantee that receives
    a payment under this section shall establish data
    privacy and security requirements for the information
    described in paragraph (1) that--
    (i) include appropriate measures to ensure
    that the privacy of the individuals and households
    is protected;
    (ii) provide that the information, including
    any personally identifiable information, is
    collected and used only for the purpose of
    submitting reports under paragraph (1); and
    (iii) provide confidentiality protections for
    data collected about any individuals who are
    survivors of intimate partner violence, sexual
    assault, or stalking.
    (B) Statistical research.--
    (i) In general.--The Secretary--
    (I) may provide full and unredacted
    information provided under subparagraphs
    (A) through (F) of paragraph (1),
    including personally identifiable
    information, for statistical research
    purposes in accordance with existing
    law; and
    (II) may collect and make available
    for statistical research, at the census
    tract level, information collected under
    subparagraph (A).
    (ii) Application of privacy requirements.--A
    recipient of information under clause (i) shall
    establish for such information the data privacy
    and security requirements described in
    subparagraph (A).
    (5) Nonapplication of the paperwork reduction act.--
    Subchapter I of chapter 35 of title 44, United States Code,
    shall not apply to the collection of information for the
    reporting or research requirements specified in this subsection.

    (h) Administrative Expenses of the Secretary.--Of the funds
    appropriated pursuant to subsection (a), not more than $15,000,000 may
    be used for administrative expenses of the Secretary in administering
    this section, including technical assistance to grantees in order to
    facilitate effective use of funds provided under this section.
    (i) Inspector General Oversight; Recoupment
    (1) Oversight authority.--The Inspector General of the
    Department of the Treasury shall conduct monitoring and
    oversight of the receipt, disbursement, and use of funds made
    available under this section.
    (2) <>  Recoupment.--If the Inspector
    General of the Department of the Treasury determines that a
    State, Tribal government, or unit of local government has failed
    to comply with subsection (c), the amount equal to the amount of
    funds used in violation of such subsection shall be booked as a
    debt of such entity owed to the Federal Government. Amounts
    recovered under this subsection shall be deposited into the
    general fund of the Treasury.

    [[Page 2077]]

    (3) Appropriation.--Out of any money in the Treasury of the
    United States not otherwise appropriated, there are appropriated
    to the Office of the Inspector General of the Department of the
    Treasury, $6,500,000 to carry out oversight and recoupment
    activities under this subsection. Amounts appropriated under the
    preceding sentence shall remain available until expended.
    (4) Authority of inspector general.--Nothing in this
    subsection shall be construed to diminish the authority of any
    Inspector General, including such authority as provided in the
    Inspector General Act of 1978 (5 U.S.C. App.)

    (j) Treatment of Assistance.--Assistance provided to a household
    from a payment made under this section shall not be regarded as income
    and shall not be regarded as a resource for purposes of determining the
    eligibility of the household or any member of the household for benefits
    or assistance, or the amount or extent of benefits or assistance, under
    any Federal program or under any State or local program financed in
    whole or in part with Federal funds.
    (k) Definitions.--In this section:
    (1) Area median income.--The term ``area median income''
    means, with respect to a household, the median income for the
    area in which the household is located, as determined by the
    Secretary of Housing and Urban Development.
    (2) Eligible grantee.--The term ``eligible grantee'' means
    any of the following:
    (A) A State (as defined in section 601(g)(4) of the
    Social Security Act (42 U.S.C. 801(g)(4)).
    (B) A unit of local government (as defined in
    paragraph (5)).
    (C) An Indian tribe or its tribally designated
    housing entity (as such terms are defined in section 4
    of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4103)) that was
    eligible to receive a grant under title I of such Act
    (25 U.S.C. 4111 et seq.) for fiscal year 2020 from the
    amount appropriated under paragraph (1) under the
    heading ``native american programs'' under the heading
    ``Public and Indian Housing'' of title II of division H
    of the Further Consolidated Appropriations Act, 2020
    (Public Law 116-94) to carry out the Native American
    Housing Block Grants program. For the avoidance of
    doubt, the term Indian tribe shall include Alaska native
    corporations established pursuant to the Alaska Native
    Claims Settlement Act (43 U.S.C. 1601 et seq.).
    (D) The Department of Hawaiian Homelands.
    (3) Eligible household.--
    (A) In general.--The term ``eligible household''
    means a household of 1 or more individuals who are
    obligated to pay rent on a residential dwelling and with
    respect to which the eligible grantee involved
    determines--
    (i) that 1 or more individuals within the
    household has
    (I) qualified for unemployment
    benefits or
    (II) experienced a reduction in
    household income, incurred significant
    costs, or experienced other financial
    hardship due, directly or indirectly,

    [[Page 2078]]

    to the novel coronavirus disease (COVID-
    19) outbreak, which the applicant shall
    attest in writing;
    (ii) that 1 or more individuals within the
    household can demonstrate a risk of experiencing
    homelessness or housing instability, which may
    include--
    (I) a past due utility or rent
    notice or eviction notice;
    (II) unsafe or unhealthy living
    conditions; or
    (III) any other evidence of such
    risk, as determined by the eligible
    grantee involved; and
    (iii) the household has a household income
    that is not more than 80 percent of the area
    median income for the household.
    (B) Exception.--To the extent feasible, an eligible
    grantee shall ensure that any rental assistance provided
    to an eligible household pursuant to funds made
    available under this section is not duplicative of any
    other Federally funded rental assistance provided to
    such household.
    (C) Income determination.--
    (i) In determining the income of a household
    for purposes of determining such household's
    eligibility for assistance from a payment made
    under this section (including for purposes of
    subsection (c)(4)), the eligible grantee involved
    shall consider either
    (I) the household's total income for
    calendar year 2020, or
    (II) subject to clause (ii),
    sufficient confirmation, as determined
    by the Secretary, of the household's
    monthly income at the time of
    application for such assistance.
    (ii) In the case of income determined under
    subclause (II), the eligible grantee shall be
    required to re-determine the eligibility of a
    household's income after each such period of 3
    months for which the household receives assistance
    from a payment made under this section.
    (4) Inspector general.--The term ``Inspector General'' means
    the Inspector General of the Department of the Treasury.
    (5) Secretary.--The term ``Secretary'' means the Secretary
    of the Treasury.
    (6) <>  Unit of local government.--The
    term ``unit of local government'' has the meaning given such
    term in paragraph (2) of section 601(g) of the Social Security
    Act (42 U.S.C. 801(g)), except that, in applying such term for
    purposes of this section, such paragraph shall be applied by
    substituting ``200,000'' for ``500,000''.

    (l) Termination of Program.--The authority of an eligible grantee to
    make new obligations to provide payments under subsection (c) shall
    terminate on the date established in subsection (e) for that eligible
    grantee. Amounts not expended in accordance with this section shall
    revert to the Department of the Treasury.
    SEC. <>  502. EXTENSION OF EVICTION
    MORATORIUM.

    The order issued by the Centers for Disease Control and Prevention
    under section 361 of the Public Health Service Act (42 U.S.C. 264),
    entitled ``Temporary Halt in Residential Evictions To Prevent

    [[Page 2079]]

    the Further Spread of COVID-19'' (85 Fed. Reg. 55292 (September 4, 2020)
    is extended through January 31, 2021, notwithstanding the effective
    dates specified in such Order.

    Subtitle B--Community Development Investment

    SEC. <>  520. PURPOSE.

    The purpose of this subtitle is to establish emergency programs to
    revitalize and provide long-term financial products and service
    availability for, and provide investments in, low- and moderate-income
    and minority communities that have disproportionately suffered from the
    impacts of the COVID-19 pandemic.
    SEC. <>  521. CONSIDERATIONS;
    REQUIREMENTS FOR CREDITORS.

    (a) In General.--In exercising the authorities under this subtitle
    and the amendments made by this subtitle, the Secretary of the Treasury
    shall take into consideration increasing the availability of affordable
    credit for consumers, small businesses, and nonprofit organizations,
    including for projects supporting affordable housing, community-serving
    real estate, and other projects, that provide direct benefits to low-
    and moderate-income communities, low-income and underserved individuals,
    and minorities, that have disproportionately suffered from the health
    and economic impacts of the COVID-19 pandemic.
    (b) <> Requirement for Creditors.--Any creditor
    participating in a program established under this subtitle or the
    amendments made by this subtitle shall fully comply with all applicable
    statutory and regulatory requirements relating to fair lending.
    SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS DISPROPORTIONATELY
    IMPACTED BY THE COVID-19 PANDEMIC.

    (a) In General.--The Community Development Banking and Financial
    Institutions Act of 1994 (12 U.S.C. 4701 et seq.) is amended by
    inserting after section 104 (12 U.S.C. 4703) the following:
    ``SEC. <>  104A. CAPITAL INVESTMENTS FOR
    NEIGHBORHOODS DISPROPORTIONATELY
    IMPACTED BY THE COVID-19 PANDEMIC.

    ``(a) Definitions.--In this section--
    ``(1) the term `bank holding company' has the meaning given
    the term in section 2 of the Bank Holding Company Act of 1956
    (12 U.S.C. 1841);
    ``(2) the term `eligible institution' means any low- and
    moderate-income community financial institution that is eligible
    to participate in the Program;
    ``(3) the term `Emergency Capital Investment Fund' means the
    Emergency Capital Investment Fund established under subsection
    (b);
    ``(4) the term `low- and moderate-income community financial
    institution' means any financial institution that is--
    ``(A)(i) a community development financial
    institution; or
    ``(ii) a minority depository institution; and

    [[Page 2080]]

    ``(B)(i) an insured depository institution that is
    not controlled by a bank holding company or savings and
    loan holding company that is also an eligible
    institution;
    ``(ii) a bank holding company;
    ``(iii) a savings and loan holding company; or
    ``(iv) a federally insured credit union;
    ``(5) the term `minority' means any Black American, Native
    American, Hispanic American, Asian American, Native Alaskan,
    Native Hawaiian, or Pacific Islander;
    ``(6) the term `minority depository institution' means an
    entity that is--
    ``(A) a minority depository institution, as defined
    in section 308 of the Financial Institutions Reform,
    Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463
    note); or
    ``(B) considered to be a minority depository
    institution by--
    ``(i) the appropriate Federal banking agency;
    or
    ``(ii) the National Credit Union
    Administration, in the case of an insured credit
    union; or
    ``(C) listed in the Federal Deposit Insurance
    Corporation's Minority Depository Institutions List
    published for the Third Quarter 2020.
    ``(7) the term `Program' means the Emergency Capital
    Investment Program established under subsection (b);
    ``(8) the term `savings and loan holding company' has the
    meaning given the term under section 10(a) of the Home Owners'
    Loan Act (12 U.S.C. 1467a(a)); and
    ``(9) the `Secretary' means the Secretary of the Treasury.

    ``(b) Establishment.--
    ``(1) Fund established.--There is established in the
    Treasury of the United States a fund to be known as the
    `Emergency Capital Investment Fund', which shall be administered
    by the Secretary.
    ``(2) Program authorized.--The Secretary is authorized to
    establish an emergency program known as the `Emergency Capital
    Investment Program' to support the efforts of low- and moderate-
    income community financial institutions to, among other things,
    provide loans, grants, and forbearance for small businesses,
    minority-owned businesses, and consumers, especially in low-
    income and underserved communities, including persistent poverty
    counties, that may be disproportionately impacted by the
    economic effects of the COVID-19 pandemic, by providing direct
    and indirect capital investments in low- and moderate-income
    community financial institutions consistent with this section.

    ``(c) Purchases.--
    ``(1) <>  In general.--Subject to
    paragraph (2), the Emergency Capital Investment Fund shall be
    available to the Secretary, without further appropriation or
    fiscal year limitation, for the costs of purchases (including
    commitments to purchase), and modifications of such purchases,
    of preferred stock and other financial instruments from eligible
    institutions on such terms and conditions as are determined by
    the Secretary in accordance with this section.
    ``(2) Purchase limit.--The aggregate amount of purchases
    pursuant to paragraph (1) may not exceed $9,000,000,000.

    ``(d) Application.--

    [[Page 2081]]

    ``(1) <>  Acceptance.--The
    Secretary shall begin accepting applications for capital
    investments under the Program not later than the end of the 30-
    day period beginning on the date of enactment of this section.
    ``(2) <>  Consultation with
    regulators.--For each eligible institution that applies to
    receive a capital investment under the Program, the Secretary
    shall consult with the appropriate Federal banking agency or the
    National Credit Union Administration, as applicable, to
    determine whether the eligible institution may receive such
    capital investment.
    ``(3) Eligibility.--
    ``(A) In general.--Only low- and moderate-income
    community financial institutions shall be eligible to
    participate in the Program.
    ``(B) Additional criteria.--The Secretary may
    establish additional criteria for participation by an
    institution in the Program, as the Secretary may
    determine appropriate in furtherance of the goals of the
    Program.
    ``(4) Requirement to provide an emergency investment lending
    plan for communities that may be disproportionately impacted by
    the economic effects of the covid-19 pandemic.--
    ``(A) In general.--At the time that an applicant
    submits an application to the Secretary for a capital
    investment under the Program, the applicant shall
    provide the Secretary, along with the appropriate
    Federal banking agency or the National Credit Union
    Administration, as applicable, an investment and lending
    plan that--
    ``(i) demonstrates that not less than 30
    percent of the lending of the applicant over the
    past 2 fiscal years was made directly to low- and
    moderate income borrowers, to borrowers that
    create direct benefits for low- and moderate-
    income populations, to other targeted populations
    as defined by the Fund, or any combination
    thereof, as measured by the total number and
    dollar amount of loans;
    ``(ii) describes how the business strategy and
    operating goals of the applicant will address
    community development needs in communities that
    may be disproportionately impacted by the economic
    effects of COVID-19, which includes the needs of
    small businesses, consumers, nonprofit
    organizations, community development, and other
    projects providing direct benefits to low- and
    moderate-income communities, low-income
    individuals, and minorities within the minority,
    rural, and urban low-income and underserved areas
    served by the applicant;
    ``(iii) includes a plan to provide community
    outreach and communication, where appropriate;
    ``(iv) includes details on how the applicant
    plans to expand or maintain significant lending or
    investment activity in low- or moderate-income
    minority communities, especially those that may be
    disproportionately impacted by COVID-19 to
    historically disadvantaged borrowers, and to
    minorities that have significant unmet capital or
    financial services needs.

    [[Page 2082]]

    ``(B) Documentation.--In the case of an applicant
    that is certified as a community development financial
    institution as of the date of enactment of this
    subsection, for purposes of subparagraph (A)(i), the
    Secretary may rely on documentation submitted by the
    applicant to the Fund as part of certification
    compliance reporting.
    ``(5) Incentives to increase lending and provide affordable
    credit.--
    ``(A) Issuance and purchase of preferred stock.--An
    eligible institution that the Secretary approves for
    participation in the Program may issue to the Secretary,
    and the Secretary may purchase from such institution,
    preferred stock that--
    ``(i) <>  provides that the preferred stock will--
    ``(I) be repaid not later than the
    end of the 10-year period beginning on
    the date of the capital investment under
    the Program; or
    ``(II) at the end of such 10-year
    period, be subject to such additional
    terms as the Secretary shall prescribe,
    which shall include a requirement that
    the stock shall carry the highest
    dividend or interest rate payable; and
    ``(ii) provides that the term and condition
    described under clause (i) shall not apply if the
    application of that term and condition would
    adversely affect the capital treatment of the
    stock under current or successor applicable
    capital provisions compared to a capital
    instrument with identical terms other than the
    term and condition described under clause (i).
    ``(B) <>  Alternative
    financial instruments.--If the Secretary determines that
    an institution cannot feasibly issue preferred stock as
    provided under subparagraph (A), such institution may
    issue to the Secretary, and the Secretary may purchase
    from such institution, a subordinated debt instrument
    whose terms are, to the extent possible, consistent with
    requirements under the Program applicable to the terms
    of preferred stock issued by institutions participating
    in the Program, with such adjustments as the Secretary
    determines appropriate, including by taking into account
    the tax treatment of payments made with respect to
    securities issued by such eligible institution.
    ``(6) Requirements on preferred stock and other financial
    instrument.--Any financial <> instrument
    issued to the Secretary by a low- and moderate-income community
    financial institution under the Program shall provide the
    following:
    ``(A) No dividends, interest or other similar
    required payments shall have a rate exceeding 2 percent
    per annum for the first 10 years.
    ``(B) The annual required payment rate of dividends,
    interest, or other similar payments of a low- and
    moderate-income community financial institution shall be
    adjusted downward as follows, based on lending by the
    institution during the most recent annual period
    compared to lending by the institution during the annual
    period ending on September 30, 2020:

    [[Page 2083]]

    ``(i) No dividends, interest, or other similar
    payments shall be due within the first 24-month
    period after the capital investment by the
    Secretary.
    ``(ii) If the amount of lending by the
    institution within minority, rural, and urban low-
    income and underserved communities and to low- and
    moderate-income borrowers has increased in amount
    between 200 percent and 400 percent of the amount
    of the capital investment, the annual payment rate
    shall not exceed 1.25 percent per annum.
    ``(iii) If the amount of lending by the
    institution within minority, rural, and urban low-
    income and underserved communities and to low- and
    moderate-income borrowers has increased by more
    than 400 percent of the capital investment, the
    annual payment rate shall not exceed 0.5 percent
    per annum.
    ``(7) <>  Contingency of payments based
    on certain financial criteria.--
    ``(A) Deferral.--Any annual payments under this
    section shall be deferred in any quarter or payment
    period if any of the following is true:
    ``(i) The low- and moderate-income community
    institution fails to meet the Tier 1 capital ratio
    or similar ratio as determined by the Secretary.
    ``(ii) The low- and moderate-income community
    financial institution fails to achieve positive
    net income for the quarter or payment period.
    ``(iii) The low- and moderate-income community
    financial institution determines that the payment
    would be detrimental to the financial health of
    the institution and the Chief Executive Officer
    and Chief Financial Officer of the institution
    provide written notice, in a form reasonably
    satisfactory to the Secretary, of such
    determination and the basis thereof.
    ``(B) Testing during next payment period.--Any
    annual payment that is deferred under this section
    shall--
    ``(i) be tested against the metrics described
    in subparagraph (A) at the beginning of the next
    payment period; and
    ``(ii) continue to be deferred until the
    metrics described in that subparagraph are no
    longer applicable.
    ``(8) Requirements in connection with failure to satisfy
    program goals.-- <> Any financial
    instrument issued to the Secretary by a low- and moderate-income
    community financial institution under the Program may include
    such additional terms and conditions as the Secretary determines
    may be appropriate to provide the holders with rights in the
    event that such institution fails to satisfy applicable
    requirements under the Program or to protect the interests of
    the Federal Government.

    ``(e) Restrictions.--
    ``(1) In general.--Each low- and moderate-income community
    financial institution may only issue financial instruments or
    senior preferred stock under this subsection with an aggregate
    principal amount (or comparable amount) that is--
    ``(A) not more than $250,000,000; and

    [[Page 2084]]

    ``(B)(i) not more than 7.5 percent of total assets
    for an institution with assets of more than
    $2,000,000,000;
    ``(ii) not more than 15 percent of total assets for
    an institution with assets of not less than $500,000,000
    and not more than $2,000,000,000; and
    ``(iii) not more than 22.5 percent of total assets
    for an institution with assets of less than
    $500,000,000.
    ``(2) Set-asides.--Of the amounts made available under
    subsection (c)(2), not less than $4,000,000,000 shall be made
    available for eligible institutions with total assets of not
    more than $2,000,000,000 that timely apply to receive a capital
    investment under the Program, of which not less than
    $2,000,000,000 shall be made available for eligible institutions
    with total assets of less than $500,000,000 that timely apply to
    receive a capital investment under the Program.
    ``(3) Holding of instruments.--Holding any instrument of a
    low- and moderate-income community financial institution
    described in paragraph (1) shall not give the Secretary or any
    successor that owns the instrument any rights over the
    management of the institution in the ordinary course of
    business.
    ``(4) Sale of interest.--
    ``(A) In general.--With respect to a capital
    investment made into a low- and moderate-income
    community financial institution under this section, the
    Secretary--
    ``(i) <>  prior to any
    sale of such capital investment to a third party,
    shall provide the low- and moderate-income
    community financial institution a right of first
    refusal to buy back the investment under terms
    that do not exceed a value as determined by an
    independent third party;
    ``(ii) shall not sell more than 25 percent of
    the outstanding equity interests of any
    institution to a single third party without the
    consent of such institution, which may not be
    unreasonably withheld; and
    ``(iii) with the permission of the
    institution, may transfer or sell the interest of
    the Secretary in the capital investment for no
    consideration or for a de minimis amount to a
    mission aligned nonprofit affiliate of an
    applicant that is an insured community development
    financial institution.
    ``(B) Calculation of ownership for minority
    depository institutions.--The calculation and
    determination of ownership thresholds for a depository
    institution to qualify as a minority depository
    institution shall exclude any dilutive effect of equity
    investments by the Federal Government, including under
    the Program or through the Fund.
    ``(5) Repayment incentives.--The Secretary may establish
    repayment incentives that will apply to capital investments
    under the Program in a manner that the Secretary determines to
    be consistent with the purposes of the Program.

    ``(f) Treatment of Capital Investments.--The Secretary shall seek to
    establish the terms of preferred stock issued under the Program to
    enable such preferred stock to receive Tier 1 capital treatment.
    ``(g) Outreach to Minority Communities.--The Secretary shall require
    low- and moderate-income community financial

    [[Page 2085]]

    institutions receiving capital investments under the Program to provide
    community outreach and communication, where appropriate, describing the
    availability and application process of receiving loans made possible by
    the Program through organizations, trade associations, and individuals
    that represent or work within or are members of minority communities.
    ``(h) Restrictions.--
    ``(1) <>  In general.--Not later than the
    end of the 30-day period beginning on the date of enactment of
    this section, the Secretary shall issue rules setting
    restrictions on executive compensation, share buybacks, and
    dividend payments for recipients of capital investments under
    the Program.
    ``(2) Conflicts of interest.--
    ``(A) Definitions.--In this paragraph:
    ``(i) Controlling interest.--The term
    `controlling interest' means owning, controlling,
    or holding not less than 20 percent, by vote or
    value, of the outstanding amount of any class of
    equity interest in an entity.
    ``(ii) Covered entity.--The term `covered
    entity' means an entity in which a covered
    individual directly or indirectly holds a
    controlling interest. For the purpose of
    determining whether an entity is a covered entity,
    the securities owned, controlled, or held by 2 or
    more individuals who are related as described in
    clause (iii)(II) shall be aggregated.
    ``(iii) Covered individual.--The term `covered
    individual' means--
    ``(I) the President, the Vice
    President, the head of an Executive
    department, or a Member of Congress; and
    ``(II) the spouse, child, son-in-
    law, or daughter-in-law, as determined
    under applicable common law, of an
    individual described in subclause (i).
    ``(iv) Executive department.--The term
    `Executive department' has the meaning given the
    term in section 101 of title 5, United States
    Code.
    ``(v) Member of congress.--The term `member of
    Congress' means a member of the Senate or House of
    Representatives, a Delegate to the House of
    Representatives, and the Resident Commissioner
    from Puerto Rico.
    ``(vi) Equity interest.--The term `equity
    interest' means--
    ``(I) a share in an entity, without
    regard to whether the share is--
    ``(aa) transferable; or
    ``(bb) classified as stock
    or anything similar;
    ``(II) a capital or profit interest
    in a limited liability company or
    partnership; or
    ``(III) a warrant or right, other
    than a right to convert, to purchase,
    sell, or subscribe to a share or
    interest described in subclause (I) or
    (II), respectively.
    ``(B) Prohibition.--Notwithstanding any other
    provision of this section, no covered entity may be
    eligible for any investment made under the Program.

    [[Page 2086]]

    ``(C) <>  Requirement.--The
    principal executive officer and the principal financial
    officer, or individuals performing similar functions, of
    an entity seeking to receive an investment made under
    the Program shall, before that investment is approved,
    certify to the Secretary and the appropriate Federal
    banking agency or the National Credit Union
    Administration, as applicable, that the entity is
    eligible to receive the investment, including that the
    entity is not a covered entity.

    ``(i) Ineligibility of Certain Institutions.--An institution shall
    be ineligible to participate in the Program if such institution is
    designated in Troubled Condition by the appropriate Federal banking
    agency or the National Credit Union Administration, as applicable, or is
    subject to a formal enforcement action with its primary Federal
    regulator that addresses unsafe or unsound lending practices.
    ``(j) Termination of Investment Authority.--
    ``(1) In general.--The authority to make new capital
    investments in low- and moderate-income community financial
    institutions, including commitments to purchase preferred stock
    or other instruments, provided under the Program shall terminate
    on the date that is 6 months after the date on which the
    national emergency concerning the novel coronavirus disease
    (COVID-19) outbreak declared by the President on March 13, 2020
    under the National Emergencies Act (50 U.S.C. 1601 et seq.)
    terminates.
    ``(2) Rule of construction.--Nothing in this subsection may
    be construed to limit any other authority of the Secretary not
    described in paragraph (1).

    ``(k) Collection of Data.--Notwithstanding the Equal Credit
    Opportunity Act (15 U.S.C. 1691 et seq.)--
    ``(1) any low- and moderate-income community financial
    institution may collect data described in section 701(a)(1) of
    that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
    for credit for the sole purpose and exclusive use of monitoring
    compliance under the plan required under subsection (d)(4); and
    ``(2) a low- and moderate-income community financial
    institution that collects the data described in paragraph (1)
    shall not be subject to adverse action related to that
    collection by the Bureau of Consumer Financial Protection or any
    other Federal agency.

    ``(l) Deposit of Funds.--All funds received by the Secretary in
    connection with purchases made pursuant this section, including interest
    payments, dividend payments, and proceeds from the sale of any financial
    instrument, shall be deposited into the Fund and used to provide
    financial and technical assistance pursuant to section 108, except that
    subsection (e) of that section shall be waived.
    ``(m) Direct Appropriation.--There is appropriated, out of amounts
    in the Treasury not otherwise appropriated, for fiscal year 2021,
    $9,000,000,000, to remain available until expended and to be deposited
    in the Emergency Capital Investment Fund, to carry out this section.
    ``(n) Administrative Expenses.--Funds appropriated pursuant to
    subsection (m) may be used for administrative expenses, including the
    costs of modifying such investments, and reasonable

    [[Page 2087]]

    costs of administering the Program of making, holding, managing, and
    selling the capital investments.
    ``(o) <>  Administrative Provisions.--The
    Secretary may take such actions as the Secretary determines necessary to
    carry out the authorities in this section, including the following:
    ``(1) The Secretary may use the services of any agency or
    instrumentality of the United States or component thereof on a
    reimbursable basis, and any such agency or instrumentality or
    component thereof is authorized to provide services as requested
    by the Secretary using all authorities vested in or delegated to
    that agency, instrumentality, or component.
    ``(2) The Secretary may enter into contracts, including
    contracts for services authorized by section 3109 of title 5,
    United States Code.
    ``(3) The Secretary may designate any bank, savings
    association, trust company, security broker or dealer, asset
    manager, or investment adviser as a financial agent of the
    Federal Government and such institution shall perform all such
    reasonable duties related to this section as financial agent of
    the Federal Government as may be required. The Secretary shall
    have authority to amend existing agreements with financial
    agents to perform reasonable duties related to this section.
    ``(4) The Secretary may exercise any rights received in
    connection with any preferred stock or other financial
    instruments or assets purchased or acquired pursuant to the
    authorities granted under this section.
    ``(5) The Secretary may manage any assets purchased under
    this section, including revenues and portfolio risks therefrom.
    ``(6) The Secretary may sell, dispose of, transfer, exchange
    or enter into securities loans, repurchase transactions, or
    other financial transactions in regard to, any preferred stock
    or other financial instrument or asset purchased or acquired
    under this section, upon terms and conditions and at a price
    determined by the Secretary.
    ``(7) The Secretary may manage or prohibit conflicts of
    interest that may arise in connection with the administration
    and execution of the authorities provided under this section.
    ``(8) The Secretary may establish and use vehicles to
    purchase, hold, and sell preferred stock or other financial
    instruments and issue obligations.
    ``(9) The Secretary may issue such regulations and other
    guidance as may be necessary or appropriate to define terms or
    carry out the authorities or purposes of this section.
    ``(10) The Secretary is authorized to use direct hiring
    authority to hire employees to administer this section.''.

    (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Riegle Community Development and Regulatory
    Improvement Act of 1994 <>  is amended by
    inserting after the item relating to section 104 the following:

    ``104A. Capital investments for neighborhoods disproportionately
    impacted by the COVID-19 pandemic.''.

    SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES RESPONDING
    TO THE COVID-19 PANDEMIC.

    (a) Direct Appropriation.--There is appropriated, out of amounts in
    the Treasury not otherwise appropriated, for the fiscal

    [[Page 2088]]

    year 2021, $3,000,000,000 under the heading ``department of
    treasury--community development financial institutions
    fund program account, emergency support''
    to carry out this section, of which--
    (1) up to $1,250,000,000, shall remain available until
    September 30, 2021, to support, prepare for, and respond to the
    economic impact of the coronavirus, provided that the Fund
    shall--
    (A) provide grants funded under this paragraph using
    a formula that takes into account criteria such as
    certification status, financial and compliance
    performance, portfolio and balance sheet strength, a
    diversity of CDFI business model types, and program
    capacity, of which not less than $25,000,000 may be for
    grants to benefit Native American, Native Hawaiian, and
    Alaska Native communities; and
    (B) make funds available under this paragraph not
    later than 60 days after the date of enactment of this
    Act; and
    (2) up to $1,750,000,000, shall remain available until
    expended, to provide grants to CDFIs to respond to the economic
    impact of the COVID-19 pandemic--
    (A) to expand lending, grant making, or investment
    activity in low- or moderate-income minority communities
    and to minorities that have significant unmet capital or
    financial services needs;
    (B) using criteria such as certification status,
    financial and compliance performance, portfolio and
    balance sheet strength, a diversity of CDFI business
    model types, status as a minority lending institution,
    and program capacity, as well as experience making loans
    and investments to those areas and populations
    identified in this paragraph; and
    (C) of which up to $1,200,000,000, shall be for
    providing financial assistance, technical assistance,
    awards, training and outreach programs to recipients
    that are minority lending institutions.

    (b) Administrative Expenses.--Funds appropriated pursuant to
    subsection (a) may be used for administrative expenses, including
    administration of Fund programs and the New Markets Tax Credit Program
    under section 45D of the Internal Revenue Code of 1986.
    (c) Definitions.--In this section:
    (1) CDFI.--The term ``CDFI'' means a community development
    financial institution, as defined in section 103 of the
    Community Development Banking and Financial Institutions Act of
    1994 (12 U.S.C. 4702).
    (2) Fund.--The term ``Fund'' means the Community Development
    Financial Institutions Fund established under section 104(a) of
    the Community Development Banking and Financial Institutions Act
    of 1994 (12 U.S.C. 4703(a)).
    (3) Minority.--The term ``minority'' means any Black
    American, Hispanic American, Asian American, Native American,
    Native Alaskan, Native Hawaiian, or Pacific Islander.
    (4) Minority lending institution.--The term ``minority
    lending institution'' means a CDFI--
    (A) with respect to which a majority of both the
    number dollar volume of arm's-length, on-balance sheet
    financial

    [[Page 2089]]

    products of the CDFI are directed at minorities or
    majority minority census tracts or equivalents; and
    (B) that--
    (i) is a minority depository institution, as
    defined in section 308(b) of the Financial
    Institutions Reform, Recovery, and Enforcement Act
    of 1989 (12 U.S.C. 1463 note), or otherwise
    considered to be a minority depository institution
    by the appropriate Federal banking agency, as
    defined in section 3 of the Federal Deposit
    Insurance Act (12 U.S.C. 1813), or by the National
    Credit Union Administration, as applicable; or
    (ii) meets standards for accountability to
    minority populations as determined by the
    Administrator.

    (d) Collection of Data.--With respect to a CDFI that receives funds
    under this section, notwithstanding the Equal Credit Opportunity Act (15
    U.S.C. 1691 et seq.)--
    (1) the CDFI may collect data described in section 701(a)(1)
    of that Act (15 U.S.C. 1691(a)(1)) from borrowers and applicants
    for credit for the sole purpose and exclusive use to ensure that
    targeted populations and low-income residents of investment
    areas are adequately served; and
    (2) the CDFI that collects the data described in paragraph
    (1) shall not be subject to adverse action related to that
    collection by the Bureau of Consumer Financial Protection or any
    other Federal agency.
    SEC. 524. <>  INSPECTOR GENERAL
    OVERSIGHT.

    (a) In General.--The Inspector General of the Department of the
    Treasury shall conduct, supervise, and coordinate audits and
    investigations of any program established under this subtitle or the
    amendments made by this subtitle.
    (b) <>  Reporting.--The Inspector General
    of the Department of the Treasury shall submit to the Committee on
    Financial Services of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate and the Secretary of
    the Treasury not less frequently than 2 times per year a report relating
    to the oversight provided by the Office of the Inspector General,
    including any recommendations for improvements to the programs described
    in subsection (a).
    SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS ON
    LOW- AND MODERATE-INCOME AND MINORITY
    COMMUNITIES.

    (a) Study.--The Secretary of the Treasury shall conduct a study of
    the impact of the programs established under this subtitle or any
    amendment made by this subtitle on low- and moderate-income and minority
    communities.
    (b) Report.--Not later than 18 months after the date of enactment of
    this Act, the Secretary of the Treasury shall submit to the Committee on
    Financial Services of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate a report on the
    results of the study conducted pursuant to subsection (a), which shall
    include, to the extent possible, the results of the study disaggregated
    by ethnic group.
    (c) Information Provided to the Secretary.--Eligible institutions
    that participate in any of the programs described in subsection (a)
    shall provide the Secretary of the Treasury with

    [[Page 2090]]

    such information as the Secretary may require to carry out the study
    required by this section.

    Subtitle C--Miscellaneous

    SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY
    AUTHORITIES.

    (a) In General.--Title IV of the CARES Act (15 U.S.C. 9041 et seq.)
    is amended--
    (1) in section 4014(b) (15 U.S.C. 9052(b))--
    (A) in paragraph (1), by inserting ``the first day
    of the fiscal year of the insured depository
    institution, bank holding company, or any affiliate
    thereof that begins after'' before ``the date''; and
    (B) in paragraph (2), by striking ``December 31,
    2020'' and inserting ``January 1, 2022''; and
    (2) in section 4016(b)(2), by striking ``2020'' and
    inserting ``2021''.

    (b) Temporary Credit Union Provisions.--Section 307(a)(4)(A) of the
    Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)) is amended by
    striking ``December 31, 2020'' and inserting ``December 31, 2021''.
    SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT
    RESTRUCTURINGS AND INSURER
    CLARIFICATION.

    Section 4013 of the CARES Act (15 U.S.C. 9051) is amended--
    (1) by inserting ``, including an insurance company,'' after
    ``institution'' each place the term appears;
    (2) in subsection (a)(1), by striking ``December 31, 2020''
    and inserting ``January 1, 2022'';
    (3) in subsection (b)(1)(B), by inserting ``under United
    States Generally Accepted Accounting Principles'' after
    ``purposes''; and
    (4) in subsection (d)(1), by inserting ``, including
    insurance companies,'' after ``institutions''.
    SEC. 542. <>  HEALTHCARE OPERATING LOSS
    LOANS.

    (a) Definitions.--In this section:
    (1) Operating loss.--The term ``operating loss'' has the
    meaning given the term in section 223(d) of the National Housing
    Act (12 U.S.C. 1715n(d)).
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of Housing and Urban Development.

    (b) Authorization to Provide Mortgage Insurance.--Notwithstanding
    any other provision of law, for fiscal years 2020 and 2021, in addition
    to the authority provided to insure operating loss loans under section
    223(d) of the National Housing Act (12 U.S.C. 1715n(d)), the Secretary
    may insure or enter into commitments to ensure mortgages under such
    section 223(d) with respect to healthcare facilities--
    (1) insured under section 232 or section 242 of the National
    Housing Act (12 U.S.C. 1715w, 1715z-7);
    (2) that were financially sound immediately prior to the
    President's March 13, 2020 Proclamation on Declaring a National
    Emergency Concerning the Novel Coronavirus Disease (COVID-19)
    Outbreak;
    (3) that have exhausted all other forms of assistance; and

    [[Page 2091]]

    (4) subject to--
    (A) the limitation for new commitments to guarantee
    loans insured under the General and Special Risk
    Insurance Funds under the heading ``General and Special
    Risk Program Account'' for fiscal years 2020 and 2021;
    and
    (B) <>  the underwriting
    parameters and other terms and conditions that the
    Secretary determines appropriate through guidance.

    (c) Amount of Loan.--After all other realized or reasonably
    anticipated assistance (including reimbursements, loans, or other
    payments from other Federal sources) are taken into account, a loan
    insured under subsection (b) shall be in an amount not exceeding the
    lesser of--
    (1) the temporary losses or additional expenses incurred or
    expected to be incurred by the healthcare facility as a result
    of the impact of the circumstances giving rise to the
    President's March 13, 2020 Proclamation on Declaring a National
    Emergency Concerning the Novel Coronavirus Disease (COVID-19)
    Outbreak; or
    (2) the amount expected to be needed to cover the sum of--
    (A) 1 year of principal and interest payments for
    the existing loans of the healthcare facility insured by
    the Secretary;
    (B) 1 year of principal and interest payments for
    the loan pursuant to this section;
    (C) 1 year of mortgage insurance premiums for the
    loans described in subparagraphs (A) and (B);
    (D) 1 year of monthly deposits to reserve accounts
    required by the Secretary for the loans described in
    subparagraphs (A) and (B);
    (E) 1 year of property taxes and insurance for the
    healthcare facility; and
    (F) transaction costs, including legal fees, for the
    loans described in subparagraphs (A) and (B).

    TITLE VI--LABOR PROVISIONS

    SEC. 601. <> JOB CORPS
    FLEXIBILITIES.

    (a) <>  Enrollment.--During the period
    beginning on the date of enactment of this Act and ending when all
    qualifying emergencies have expired, notwithstanding any other provision
    of law, the requirements described in sections 145(a)(2)(A) and
    152(b)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C.
    3195(a)(2)(A), 3202(b)(2)(B)) shall be applicable only for enrollees in
    the Job Corps--
    (1) participating on-site at a Job Corps center; or
    (2) returning to on-site participation at a Job Corps center
    after participating in distance learning.

    (b) Eligibility.--During a qualifying emergency or the 1-year period
    immediately following the expiration of the qualifying emergency, an
    individual who would be older than the age of 24 on the date the
    individual enrolls in the Job Corps is eligible to enroll in the Job
    Corps, notwithstanding section 144(a)(1)(A) of the Workforce Innovation
    and Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as--

    [[Page 2092]]

    (1) the individual applies for enrollment by the date that
    is 6 months after the date of enactment of this Act, and is not
    older than age 24 on the date of application; and
    (2) the individual attains the age of 25 during the
    qualifying emergency or the 1-year period immediately following
    the expiration of the qualifying emergency.

    (c) Qualifying Emergency Defined.--In this section, the term
    ``qualifying emergency'' has the meaning given the term in section
    3502(a)(4) of the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136).

    TITLE VII--NUTRITION AND AGRICULTURE RELIEF

    Subtitle A--Nutrition

    CHAPTER 1--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

    SEC. 701. <>  DEFINITIONS.

    In this chapter--
    (1) Covid-19 public health emergency.--The term ``COVID-19
    public health emergency'' means a public health emergency
    declared or renewed by the Secretary of Health and Human
    Services under section 319 of the Public Health Service Act (42
    U.S.C. 247d) based on an outbreak of coronavirus disease 2019
    (COVID-19).
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of Agriculture.
    (3) Supplemental nutrition assistance program.--The term
    ``supplemental nutrition assistance program'' has the meaning
    given such term in section 3(t) of the Food and Nutrition Act of
    2008 (7 U.S.C. 2012(t)).
    (4) SNAP.--The term ``SNAP'' refers to the supplemental
    nutrition assistance program.
    SEC. <>  702. SUPPLEMENTAL NUTRITION
    ASSISTANCE PROGRAM.

    (a) <>  Value of Benefits.--
    Notwithstanding any other provision of law, beginning on January 1,
    2021, and for each subsequent month through June 30, 2021, the value of
    benefits determined under section 8(a) of the Food and Nutrition Act of
    2008 (7 U.S.C. 15 2017(a)) shall be calculated using 115 percent of the
    June 2020 value of the thrifty food plan (as defined in section 3 of
    such Act (7 U.S.C. 2012)) if the value of the benefits would be greater
    under that calculation than in the absence of this subsection.

    (b) Requirements for the Secretary.--In carrying out this section,
    the Secretary shall--
    (1) consider the benefit increases described in subsection
    (a) to be a ``mass change'';
    (2) <>  require a simple process for
    States to notify households of the increase in benefits;
    (3) <>  consider section 16(c)(3)(A)
    of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(c)(3)(A))
    to apply to any errors in the implementation of this section
    without regard to the 120-day limit described in that section;
    and

    [[Page 2093]]

    (4) <>  disregard the additional
    amount of benefits that a household receives as a result of this
    section in determining the amount of overissuances under section
    13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022).

    (c) Administrative Expenses.--
    (1) In general.--For the costs of State administrative
    expenses associated with carrying out this section and
    administering the supplemental nutrition assistance program
    established under the Food and Nutrition Act of 2008 (7 U.S.C.
    2011 et seq.) during the COVID-19 public health emergency, the
    Secretary shall make available $100,000,000 for fiscal year
    2021.
    (2) <>  Timing.--Not later than 60 days
    after the date of the enactment of this Act, the Secretary shall
    make available to States amounts for fiscal year 2021 under
    paragraph (1).
    (3) Allocation of funds.--Funds described in paragraph (1)
    shall be made available as grants to State agencies for fiscal
    year 2021 as follows:
    (A) 75 percent of the amounts available for fiscal
    year 2021 shall be allocated to States based on the
    share of each State of households that participate in
    the supplemental nutrition assistance program as
    reported to the Department of Agriculture for the most
    recent 12-month period for which data are available,
    adjusted by the Secretary (as of the date of the
    enactment of this Act) for participation in disaster
    programs under section 5(h) of the Food and Nutrition
    Act of 2008 (7 U.S.C. 2014(h)); and
    (B) <>  25 percent of the
    amounts available for fiscal year 2021 shall be
    allocated to States based on the increase in the number
    of households that participate in the supplemental
    nutrition assistance program as reported to the
    Department of Agriculture over the most recent 12-month
    period for which data are available, adjusted by the
    Secretary (as of the date of the enactment of this Act)
    for participation in disaster programs under section
    5(h) of the Food and Nutrition Act of 2008 (7 U.S.C.
    2014(h)).

    (d) <> Certain Exclusions From
    Snap Income.--A Federal pandemic unemployment compensation payment made
    to an individual under section 2104 of the Coronavirus Aid, Relief, and
    Economic Security Act (Public Law 116-136) shall not be regarded as
    income and shall not be regarded as a resource for the month of receipt
    and the following 9 months, for the purpose of determining eligibility
    of such individual or any other individual for benefits or assistance,
    or the amount of benefits or assistance, under any programs authorized
    under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

    (e) Provisions for Impacted Students.--
    (1) <>  In general.--Notwithstanding any
    other provision of law, not later than 20 days after the date of
    the enactment of this Act, eligibility for supplemental
    nutrition assistance program benefits shall not be limited under
    section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C.
    2015(e)) for an individual who--
    (A) is enrolled at least half-time in an institution
    of higher education; and

    [[Page 2094]]

    (B)(i) is eligible to participate in a State or
    federally financed work study program during the regular
    school year as determined by the institution of higher
    education; or
    (ii) in the current academic year, has an expected
    family contribution of $0 as determined in accordance
    with part F of title IV of the Higher Education Act of
    195 (20 U.S.C. 1087kk et. seq.).
    (2) Sunset.--
    (A) Initial applications.--The eligibility standards
    authorized under paragraph (1) shall be in effect for
    initial applications for the supplemental nutrition
    assistance program until 30 days after the COVID-19
    public health emergency is lifted.
    (B) Recertifications.--The eligibility standards
    authorized under paragraph (1) shall be in effect until
    the first recertification of a household beginning no
    earlier than 30 days after the COVID-19 public health
    emergency is lifted.
    (3) Guidance.--
    (A) <>  In general.--Not later than
    10 days after the date of enactment of this Act, the
    Secretary shall issue guidance to State agencies on the
    temporary student eligibility requirements established
    under this subsection.
    (B) Coordination with the department of education.--
    The <> Secretary of Education, in
    consultation with the Secretary of Agriculture and
    institutions of higher education, shall carry out
    activities to inform applicants for Federal student
    financial aid under the Higher Education Act of 1965 (20
    U.S.C. 1001 et seq.) and students at institutions of
    higher education of the temporary student eligibility
    requirements established under this subsection.

    (f) Report.--Not later than July 31, 2021, the Secretary shall
    submit to the Committee on Agriculture of the House of Representatives
    and the Committee on Agriculture, Nutrition, and Forestry of the Senate
    a report that accounts for both the redemption rate and account balances
    for each month during the period specified in subsection (a).
    (g) Limitation on Quality Control Waivers.--Section 4603(a)(2) of
    the Continuing Appropriations Act, 2021 and Other Extensions Act (Public
    Law 116-159) <>  is amended by striking
    ``September 30, 2021'' and inserting ``June 30, 2021''.

    (h) Funding.--There are hereby appropriated to the Secretary, out of
    any money not otherwise appropriated, such sums as may be necessary to
    carry out this section.
    SEC. 703. <>  ADDITIONAL ASSISTANCE FOR
    SNAP ONLINE PURCHASING AND TECHNOLOGY
    IMPROVEMENTS.

    (a) <>  Resources for SNAP Online Purchasing.--Not
    later than 60 days after the date of enactment of this Act, the
    Secretary shall provide--
    (1) additional support for the Food and Nutrition Service to
    conduct end-to-end testing in the online production environment;
    and
    (2) technical assistance to educate retailers on the process
    and technical requirements for the online acceptance of SNAP
    benefits and to support and expedite SNAP online purchasing.

    [[Page 2095]]

    (b) Snap Online Purchasing Assistance for Direct-marketing Farmers
    and Farmers' Markets.-- <> The Secretary, on a
    competitive basis, shall enter into cooperative agreements with, or
    provide grants to, not more than 5 eligible entities to build out
    functionality, and provide assistance to direct-marketing farmers and
    farmers' markets to accept SNAP benefits through online transactions.
    (1) Selection priority.--The Secretary shall prioritize
    eligible entities with experience building online purchasing
    platforms for technology solutions for farmers' markets and
    direct-marketing farmers.
    (2) Definition of eligible entity.--In this subsection, the
    term ``eligible entity'' means a nonprofit entity with
    experience building online purchasing platforms or technology
    solutions, or with experience working with commercial entities
    that have experience building online purchasing platforms or
    technology solutions.

    (c) Issuance Innovation and Technology Improvement Support.--The
    Secretary shall--
    (1) <>  review technological developments,
    including developments related to security and privacy,
    surrounding mobile payment technology, to support the mobile
    technologies demonstration projects and the use of mobile
    technologies authorized under section 7(k)(14) of the Food and
    Nutrition Act of 2008; and
    (2) test methods to modernize electronic benefit transfer
    technology for the purpose of improving the security and
    integrity of the electronic benefits transfer system.

    (d) Report.--Not later than January 31, 2022, and annually
    thereafter until all funds provided under subsection (e) have been
    expended, the Secretary shall submit to the Committee on Agriculture of
    the House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate a report that includes--
    (1) a description of the activities conducted under
    subsections (a), (b), and (c);
    (2) a description of any grants, cooperative agreements, or
    contracts awarded under this section;
    (3) <>  an analysis of the technological
    developments surrounding mobile payment technology; and
    (4) <>  a summary of EBT modernization
    testing results under subsection (c)(2).

    (e) Funding.--
    (1) Appropriations.--There is hereby appropriated to the
    Secretary, out of any money in the Treasury not otherwise
    appropriated, $5,000,000 to be available until expended to carry
    out this section.
    (2) Use of funds.--With respect to the funds appropriated
    under paragraph (1), the Secretary shall use--
    (A) not more than $1,000,000 for purposes described
    in subsection (a); and
    (B) not more than $1,000,000 for purposes described
    in subsection (b).
    SEC. 704. NUTRITION ASSISTANCE PROGRAMS.

    In addition to amounts otherwise made available, $614,000,000, to
    remain available through September 30, 2021, shall be available

    [[Page 2096]]

    for the Secretary of Agriculture to provide grants to the Commonwealth
    of the Northern Mariana Islands, Puerto Rico, and American Samoa for
    nutrition assistance in response to a COVID-19 public health emergency,
    of which $14,000,000 shall be available for the Commonwealth of the
    Northern Mariana Islands.

    CHAPTER 2--COMMODITY DISTRIBUTION PROGRAMS

    SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.

    For an additional amount for the ``Commodity Assistance Program''
    for the emergency food assistance program as authorized by section 27(a)
    of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)) and section
    204(a)(1) of the Emergency Food Assistance Act of 1983 (7 U.S.C.
    7508(a)(1)), $400,000,000, to remain available through September 30,
    2021:  Provided, That of the funds made available in this section, the
    Secretary may use up to 20 percent for costs associated with the
    distribution of commodities.
    SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PROGRAM.

    In addition to amounts otherwise made available, $13,000,000, to
    remain available through September 30, 2021, shall be available for the
    Secretary of Agriculture for the Commodity Supplemental Food Program as
    authorized by section 4(a) of the Agriculture and Consumer Protection
    Act of 1973 (7 U.S.C. 612c note):  Provided, That of the funds made
    available in this section, up to 20 percent shall be available for State
    administrative expenses.

    CHAPTER 3--CHILD NUTRITION

    SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.

    Section 1101 of the Families First Coronavirus Response Act (Public
    Law 116-127; 7 U.S.C. 2011 note) is amended--
    (1) in subsection (f), by amending paragraph (2) to read as
    follows:
    ``(2) Simplifying assumptions for school year 2020-2021.--
    For <> purposes of this section, a State
    agency may develop and use simplifying assumptions (including a
    State or local public health ordinance developed in response to
    COVID-19) and the best feasibly available data to determine the
    status of a school or covered child care facility as opened,
    closed, or operating with a reduced number of days or hours,
    establish State or regionally-based benefits levels, identify
    eligible children and children eligible for assistance under
    subsection (h), and establish eligibility periods for eligible
    children and children eligible for assistance under subsection
    (h).''; and
    (2) in subsection (h)--
    (A) in paragraph (1), by inserting ``or the area of
    a child's residence'' after ``schools in the area of a
    covered child care facility'';
    (B) in paragraph (2), by inserting ``or for each day
    that a school in the area of a covered child care
    facility or the area of the child's residence is closed
    or has reduced attendance or hours for at least 5
    consecutive days'' before the period at the end; and
    (C) by adding at the end the following:
    ``(4) Deemed population.--For purposes of an approved State
    agency plan described in paragraph (1) or an approved

    [[Page 2097]]

    amendment to such a plan described in such paragraph, the
    Secretary of Agriculture shall deem any child who has not
    attained the age of 6 as a child who is enrolled in a covered
    child care facility.''; and
    (3) in subsection (j), by inserting ``for State agencies,
    other agencies of the State, local units, and schools'' after
    ``administrative expenses''.
    SEC. 722. <>  EMERGENCY COSTS FOR CHILD
    NUTRITION PROGRAMS DURING COVID-19
    PANDEMIC.

    (a) Use of Certain Appropriations to Cover Emergency Operational
    Costs Under School Meal Programs.--
    (1) In general.--
    (A) Required allotments.--Notwithstanding any other
    provision of law, the Secretary shall allocate to each
    State that participates in the reimbursement program
    under paragraph (3) such amounts as may be necessary to
    carry out reimbursements under such paragraph for each
    reimbursement month, including, subject to paragraph
    (5)(B), administrative expenses necessary to make such
    reimbursements.
    (B) <>  Guidance with respect to
    program.--Not later than 30 days after the date of the
    enactment of this section, the Secretary shall issue
    guidance with respect to the reimbursement program under
    paragraph (3).
    (2) <>  Reimbursement program
    application.--To participate in the reimbursement program under
    paragraph (3), not later than 30 days after the date described
    in paragraph (1)(B), a State shall submit an application to the
    Secretary that includes a plan to calculate and disburse
    reimbursements under the reimbursement program under paragraph
    (3).
    (3) Reimbursement program.--Subject to paragraphs (4) and
    (5)(D), using the amounts allocated under paragraph (1)(A), a
    State participating in the reimbursement program under this
    paragraph shall make reimbursements for emergency operational
    costs for each reimbursement month as follows:
    (A) For each new school food authority in the State
    for the reimbursement month, an amount equal to 55
    percent of the amount equal to--
    (i) the average monthly amount such new school
    food authority was reimbursed under the
    reimbursement sections for meals and supplements
    served by such new school food authority during
    the alternate period; minus
    (ii) the amount such new school food authority
    was reimbursed under the reimbursement sections
    for meals and supplements served by such new
    school food authority during such reimbursement
    month.
    (B) For each school food authority not described in
    subparagraph (A) in the State for the reimbursement
    month, an amount equal to 55 percent of--
    (i) the amount such school food authority was
    reimbursed under the reimbursement sections for
    meals and supplements served by such school food
    authority for the month beginning one year before
    such reimbursement month; minus

    [[Page 2098]]

    (ii) the amount such school food authority was
    reimbursed under the reimbursement sections for
    meals and supplements served by such school food
    authority during such reimbursement month.
    (4) Special rules relating to reimbursement calculation.--
    (A) Effect of negative number.--If a subtraction
    performed under subparagraph (A) or (B) of paragraph (3)
    results in a negative number, the reimbursement amount
    calculated under such subparagraph shall equal zero.
    (B) Special treatment of march, 2020.--In the case
    of a reimbursement under subparagraph (A) or (B) of
    paragraph (3) for the reimbursement month of March,
    2020, the reimbursement amount shall be equal to the
    amount determined under such a subparagraph for such
    month, divided by 2.
    (5) Treatment of funds.--
    (A) Availability.--Funds allocated to a State under
    paragraph (1)(A) shall remain available until September
    30, 2021.
    (B) Administrative expenses.--A State may reserve
    not more than 1 percent of the funds allocated under
    paragraph (1)(A) for administrative expenses to carry
    out this subsection.
    (C) Unexpended balance.--On March 31, 2022, any
    amounts allocated to a State under paragraph (1)(A) or
    reimbursed to a school food authority or new school food
    authority under paragraph (3) that are unexpended by
    such State, school food authority, or new school food
    authority shall revert to the Secretary.
    (D) Limitation on use of funds.--Funds allocated to
    a State under paragraph (1)(A) may only be made
    available to a school food authority or new school food
    authority that--
    (i) <> submits a
    claim to such State for meals, supplements, or
    administrative costs with respect to a month
    occurring during the period beginning September 1,
    2020 and ending December 31, 2020; or
    (ii) provides an assurance to such State that
    the school food authority or new school food
    authority will submit a claim to such State for
    meals, supplements, or administrative costs with
    respect to a month occurring during the first full
    semester (or equivalent term) after the conclusion
    of the public health emergency, as determined by
    such State.
    (6) <>  Reports.--Each State that carries
    out a reimbursement program under paragraph (3) shall, not later
    than March 31, 2022, submit a report to the Secretary that
    includes a summary of the use of such funds by the State and
    each school food authority and new school food authority in such
    State.

    (b) Use of Certain Appropriations to Cover Child and Adult Care Food
    Program Child Care Operational Emergency Costs During COVID-19
    Pandemic.--
    (1) In general.--
    (A) Required allotments.--Notwithstanding any other
    provision of law, the Secretary shall allocate to each

    [[Page 2099]]

    State that participates in the reimbursement program
    under paragraph (3) such amounts as may be necessary to
    carry out reimbursements under such paragraph for each
    reimbursement month, including, subject to paragraph
    (5)(C), administrative expenses necessary to make such
    reimbursements.
    (B) <> Guidance with respect to
    program.--Not later than 30 days after the date of the
    enactment of this section, the Secretary shall issue
    guidance with respect to the reimbursement program under
    paragraph (3).
    (2) <>  Reimbursement program
    application.--To participate in the reimbursement program under
    paragraph (3), not later than 30 days after the date described
    in paragraph (1)(B), a State shall submit an application to the
    Secretary that includes a plan to calculate and disburse
    reimbursements under the reimbursement program under paragraph
    (3).
    (3) Reimbursement amount.--Subject to paragraphs (4) and
    (5)(E), using the amounts allocated under paragraph (1)(A), a
    State participating in the reimbursement program under this
    paragraph shall make reimbursements for child care operational
    emergency costs for each reimbursement month as follows:
    (A) For each new covered institution in the State
    for the reimbursement month, an amount equal to 55
    percent of--
    (i) the average monthly amount such new
    covered institution was reimbursed under
    subsection (c) and subsection (f) of section 17 of
    the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1766) for meals and supplements served
    by such new covered institution during the
    alternate period; minus
    (ii) the amount such new covered institution
    was reimbursed under such section for meals and
    supplements served by such new covered institution
    during such reimbursement month.
    (B) For each covered institution not described in
    subparagraph (A) in the State for the reimbursement
    month, an amount equal to 55 percent of--
    (i) the amount such covered institution was
    reimbursed under subsection (c) and subsection (f)
    of section 17 of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1766) for meals and
    supplements served by such covered institution
    during the month beginning one year before such
    reimbursement month; minus
    (ii) the amount such covered institution was
    reimbursed under such section for meals and
    supplements served by such covered institution
    during such reimbursement month.
    (C) For each new sponsoring organization of a family
    or group day care home in the State for the
    reimbursement month, an amount equal to 55 percent of--
    (i) the average monthly amount such new
    sponsoring organization of a family or group day
    care home was reimbursed under section 17(f)(3)(B)
    of the Richard B. Russell National School Lunch
    Act (42 U.S.C.

    [[Page 2100]]

    1766(f)(3)(B)) for administrative funds for the
    alternate period; minus
    (ii) the amount such new sponsoring
    organization of a family or group day care home
    was reimbursed under such section for
    administrative funds for the reimbursement month.
    (D) For each sponsoring organization of a family or
    group day care home not described in subparagraph (C) in
    the State for the reimbursement month, an amount equal
    to 55 percent of--
    (i) the amount such sponsoring organization of
    a family or group day care home was reimbursed
    under section 17(f)(3)(B) of the Richard B.
    Russell National School Lunch Act (42 U.S.C.
    1766(f)(3)(B)) for administrative funds for the
    month beginning one year before such reimbursement
    month; minus
    (ii) the amount such sponsoring organization
    of a family or group day care home was reimbursed
    under such section for administrative funds for
    such reimbursement month.
    (4) Special rules relating to reimbursement calculation.--
    (A) Effect of negative number.--If a subtraction
    performed under subparagraph (A), (B), (C), or (D) of
    paragraph (3) results in a negative number, the
    reimbursement amount calculated under such subparagraph
    shall equal zero.
    (B) Special treatment of march, 2020.--In the case
    of a reimbursement under subparagraph (A), (B), (C), or
    (D) of paragraph (3) for the reimbursement month of
    March, 2020, the reimbursement amount shall be equal to
    the amount determined under such a subparagraph for such
    month, divided by 2.
    (5) Treatment of funds.--
    (A) Availability.--Funds allocated to a State under
    paragraph (1)(A) shall remain available until September
    30, 2021.
    (B) Unaffiliated center.--In the case of a covered
    institution or a new covered institution that is an
    unaffiliated center that is sponsored by a sponsoring
    organization and receives funds for a reimbursement
    month under subparagraph (A) or (B) of paragraph (3),
    such unaffiliated center shall provide to such
    sponsoring organization an amount of such funds as
    agreed to by the sponsoring organization and the
    unaffiliated center, except such amount may not be
    greater be than 15 percent of such funds.
    (C) Administrative expenses.--A State may reserve
    not more than 1 percent of the funds allocated under
    paragraph (1)(A) for administrative expenses to carry
    out this subsection.
    (D) Unexpended balance.--On March 31, 2022, any
    amounts allocated to a State under paragraph (1)(A) or
    reimbursed to a new covered institution, covered
    institution, new sponsoring organization of a family or
    group day care home, or sponsoring organization of a
    family or group day care home that are unexpended by
    such State,

    [[Page 2101]]

    new covered institution, covered institution, new
    sponsoring organization of a family or group day care
    home, or sponsoring organization of a family or group
    day care home, shall revert to the Secretary.
    (E) Limitation on use of funds.--Funds allocated to
    a State under paragraph (1)(A) may only be made
    available to a new covered institution, covered
    institution, new sponsoring organization of a family or
    group day care home, or sponsoring organization of a
    family or group day care home that--
    (i) <>  submits a claim to
    such State for meals, supplements, or
    administrative costs with respect to a month
    occurring during the period beginning September 1,
    2020 and ending December 31, 2020; or
    (ii) provides an assurance to such State that
    the new covered institution, covered institution,
    new sponsoring organization of a family or group
    day care home, or sponsoring organization of a
    family or group day care home will submit a claim
    to such State for meals, supplements, or
    administrative costs with respect to a month
    occurring within 90 days after the conclusion of
    the public health emergency.
    (6) <>  Reports.--Each State that carries
    out a reimbursement program under paragraph (3) shall, not later
    than March 31, 2022, submit a report to the Secretary that
    includes a summary of the use of such funds by the State and
    each new covered institution, covered institution, new
    sponsoring organization of a family or group day care home, or
    sponsoring organization of a family or group day care home.

    (c) Funding.--There are appropriated to the Secretary, out of any
    funds in the Treasury not otherwise appropriated, such sums as are
    necessary to carry out this section.
    (d) Definitions.--In this section:
    (1) Alternate period.--The term ``alternate period'' means
    the period beginning January 1, 2020 and ending February 29,
    2020.
    (2) Emergency operational costs.--The term ``emergency
    operational costs'' means the costs incurred by a school food
    authority or new school food authority--
    (A) during a public health emergency;
    (B) that are related to the ongoing operation,
    modified operation, or temporary suspension of operation
    (including administrative costs) of such school food
    authority or new school food authority; and
    (C) except as provided under subsection (a), that
    are not reimbursed under a Federal grant.
    (3) Child care operational emergency costs.--The term
    ``child care operational emergency costs'' means the costs under
    the child and adult care food program under section 17 of the
    Richard B. Russell National School Lunch Act (42 U.S.C. 1766)
    incurred by a new covered institution, covered institution, new
    sponsoring organization of a family or group day care home, or
    sponsoring organization of a family or group day care home--
    (A) during a public health emergency;
    (B) that are related to the ongoing operation,
    modified operation, or temporary suspension of operation
    (including

    [[Page 2102]]

    administrative costs) of such new covered institution,
    covered institution, new sponsoring organization of a
    family or group day care home, sponsoring organization
    of a family or group day care home, or sponsoring
    organization of an unaffiliated center; and
    (C) except as provided under subsection (b), that
    are not reimbursed under a Federal grant.
    (4) Covered institution.--The term ``covered institution''
    means--
    (A) an institution (as defined in section 17(a)(2)
    of the Richard B. Russell National School Lunch Act (42
    U.S.C. 1766(a)(2))); and
    (B) a family or group day care home.
    (5) New covered institution.--The term ``new covered
    institution'' means a covered institution for which no
    reimbursements were made for meals and supplements under section
    17(c) or (f) of the Richard B. Russell National School Lunch Act
    (42 U.S.C. 1766) with respect to the previous reimbursement
    period.
    (6) New school food authority.--The term ``new school food
    authority'' means a school food authority for which no
    reimbursements were made under the reimbursement sections with
    respect to the previous reimbursement period.
    (7) New sponsoring organization of a family or group day
    care.--The term ``new sponsoring organization of a family or
    group day care'' means a sponsoring organization of a family or
    group day care home for which no reimbursements for
    administrative funds were made under section 17(f)(3)(B) of the
    Richard B. Russell National School Lunch Act (42 U.S.C.
    1766(f)(3)(B)) for the previous reimbursement period.
    (8) Previous reimbursement period.--The term ``previous
    reimbursement period'' means the period beginning March 1, 2019
    and ending June 30, 2019.
    (9) Public health emergency.--The term ``public health
    emergency'' means a public health emergency declared pursuant to
    section 319 of the Public Health Service Act (42 U.S.C. 247d)
    resulting from the COVID-19 pandemic or any renewal of such
    declaration pursuant to such section 319.
    (10) Reimbursement month.--The term ``reimbursement month''
    means March 2020, April 2020, May 2020, and June 2020.
    (11) Reimbursement sections.--The term ``reimbursement
    sections'' means--
    (A) section 4(b), section 11(a)(2), section 13, and
    section 17A(c) of the Richard B. Russell National School
    Lunch Act (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42
    U.S.C. 1761; 42 U.S.C. 1766a(c)); and
    (B) section 4 of the Child Nutrition Act (42 U.S.C.
    1773).
    (12) Secretary.--The term ``Secretary'' means the Secretary
    of Agriculture.
    (13) State.-- The term ``State'' has the meaning given such
    term in section 12(d)(8) of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1760(d)(8)).

    [[Page 2103]]

    SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE SPECIAL
    SUPPLEMENTAL NUTRITION PROGRAM.

    (a) <>  Establishment of Task Force.--Not later
    than 90 days after the date of the enactment of this section, the
    Secretary shall establish a task force on supplemental foods delivery in
    the special supplemental nutrition program (in this section referred to
    as the ``Task Force'').

    (b) Membership.--
    (1) Composition.--The Task Force shall be composed of at
    least 1 member but not more than 3 members appointed by the
    Secretary from each of the following:
    (A) Retailers of supplemental foods.
    (B) Representatives of State agencies.
    (C) Representatives of Indian State agencies.
    (D) Representatives of local agencies.
    (E) Technology companies with experience maintaining
    the special supplemental nutrition program information
    systems and technology, including management information
    systems or electronic benefit transfer services.
    (F) Manufacturers of supplemental foods, including
    infant formula.
    (G) Participants in the special supplemental
    nutrition program from diverse locations.
    (H) Other organizations that have experience with
    and knowledge of the special supplemental nutrition
    program.
    (2) Limitation on membership.--The Task Force shall be
    composed of not more than 20 members.

    (c) Duties.--
    (1) Study.--The Task Force shall study measures to
    streamline the redemption of supplemental foods benefits that
    promote convenience, safety, and equitable access to
    supplemental foods, including infant formula, for participants
    in the special supplemental nutrition program, including--
    (A) online and telephonic ordering and curbside
    pickup of, and payment for, supplemental foods;
    (B) online and telephonic purchasing of supplemental
    foods;
    (C) home delivery of supplemental foods;
    (D) self checkout for purchases of supplemental
    foods; and
    (E) other measures that limit or eliminate consumer
    presence in a physical store.
    (2) Report by task force.--Not later than September 30,
    2021, the Task Force shall submit to the Secretary a report that
    includes--
    (A) the results of the study required under
    paragraph (1); and
    (B) <>  recommendations
    with respect to such results.
    (3) Report by secretary.--Not later than 45 days after
    receiving the report required under paragraph (2), the Secretary
    shall--
    (A) submit to Congress a report that includes--
    (i) <>  a plan with respect to
    carrying out the recommendations received by the
    Secretary in such report under paragraph (2); and
    (ii) <>  an assessment of
    whether legislative changes are necessary to carry
    out such plan; and

    [[Page 2104]]

    (B) <>  notify the Task Force
    of the submission of the report required under
    subparagraph (A).
    (4) <>  Publication.--The Secretary
    shall make publicly available on the website of the Department
    of Agriculture--
    (A) the report received by the Secretary under
    paragraph (2); and
    (B) the report submitted by the Secretary under
    paragraph (3)(A).

    (d) Termination.--The Task Force shall terminate on the date the
    Secretary submits the report required under paragraph (3)(A).
    (e) Nonapplicability of FACA.--The Federal Advisory Committee Act (5
    U.S.C. App.) shall not apply to the Task Force.
    (f) Definitions.--In this section:
    (1) Local agency.--The term ``local agency'' has the meaning
    given the term in section 17(b) of the Child Nutrition Act of
    1966 (42 U.S.C. 1786(b)).
    (2) Secretary.--The term ``Secretary'' means the Secretary
    of Agriculture.
    (3) Special supplemental nutrition program.--The term
    ``special supplemental nutrition program'' means the special
    supplemental nutrition program under section 17 of the Child
    Nutrition Act of 1966 (42 U.S.C. 1786).
    (4) State agency.--The term ``State agency'' has the meaning
    given the term in section 17(b) of the Child Nutrition Act of
    1966 (42 U.S.C. 1786(b)).
    (5) Supplemental foods.--The term ``supplemental foods'' has
    the meaning given the term in section 17(b) of the Child
    Nutrition Act of 1966 (42 U.S.C. 1786(b)).

    CHAPTER 4--OTHER MATTERS

    SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.

    For an additional amount for nutrition services under the Older
    Americans Act of 1965, $175,000,000:  Provided, That of the amount made
    available under this heading in this Act, $168,000,000 shall be for
    subparts 1 and 2 of part C of title III of such Act and $7,000,000 shall
    be for nutrition services under title VI of such Act:  Provided further,
    That State matching requirements under sections 304(d)(1)(D) and
    309(b)(2) of such Act shall not apply to funds made available under this
    heading.
    SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS ACT.

    (a) Nutrition Services Transfer Criteria.--With respect to funds
    appropriated under paragraph (1) or (2) of section 303(b) of the Older
    Americans Act of 1965 (42 U.S.C. 3023(b)) received by a State for fiscal
    year 2021, the Secretary shall allow a State agency or an area agency on
    aging, without prior approval, to transfer not more than 100 percent of
    the funds received, notwithstanding the limitation on transfer authority
    provided in subparagraph (A) of section 308(b)(4) of the Older Americans
    Act of 1965 (42 U.S.C. 3028(b)(4)) and without regard to subparagraph
    (B) of such section, by the State agency or area agency on aging,
    respectively, and attributable to funds appropriated under paragraph (1)
    or (2) of section 303(b) of such Act, between subpart 1 and subpart 2 of
    part C (42 U.S.C. 3030d-2 et seq.) for such use as the State agency or
    area agency on aging, respectively, considers appropriate to meet the
    needs of the State or area served.

    [[Page 2105]]

    (b) <>  Home-delivered
    Nutrition Services Waiver.--For purposes of determining eligibility for
    the delivery of nutrition services under section 337 of the Older
    Americans Act of 1965 (42 U.S.C. 3030g), with funds received by a State
    under the Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for
    fiscal 2021, the State shall treat an older individual who is unable to
    obtain nutrition because the individual is practicing social distancing
    due to the public health emergency in the same manner as the State
    treats an older individual who is homebound by reason of illness.

    (c) <>  Dietary Guidelines
    Waiver.--To facilitate implementation of subparts 1 and 2 of part C of
    title III of the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et
    seq.), with funds received by a State for fiscal year 2021, the
    Assistant Secretary for Aging may waive, but continue to make every
    effort practicable to encourage the restoration of, the applicable
    requirements for meals provided under such subparts comply with the
    requirements of clauses (i) and (ii) of section 339(2)(A) of such Act
    (42 U.S.C. 3030g-21(2)(A)).

    Subtitle B--Agriculture

    CHAPTER 1--AGRICULTURAL PROGRAMS

    SEC. 751. <>  OFFICE OF THE SECRETARY.

    There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for an additional amount for the ``Office of the
    Secretary'', $11,187,500,000, to remain available until expended, to
    prevent, prepare for, and respond to coronavirus by providing support
    for agricultural producers, growers, and processors impacted by
    coronavirus, including producers and growers of specialty crops, non-
    specialty crops, dairy, livestock, and poultry, producers that supply
    local food systems, including farmers markets, restaurants, and schools,
    and growers who produce livestock or poultry under a contract for
    another entity:  Provided, That from the amounts provided in this
    section, the Secretary of Agriculture shall make supplemental payments
    to producers of price trigger crops for the 2020 crop year under section
    9.202 of title 7, Code of Federal Regulations, on eligible acres of the
    crop, in an amount equal to $20 per eligible acre:  Provided further,
    That from the amounts provided in this section, the Secretary of
    Agriculture shall make supplemental payments to producers of flat-rate
    crops for the 2020 crop year under section 9.202 of title 7, Code of
    Federal Regulations, on eligible acres of the crop, in an amount equal
    to $20 per eligible acre:  Provided further, <>
    That for the purposes of determining the amount of eligible sales under
    section 9.202(i) of title 7, Code of Federal Regulations, the Secretary
    of Agriculture shall also include indemnities received under crop
    insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
    and payments made or calculated under the noninsured crop disaster
    assistance program established by section 196 of the Federal Agriculture
    Improvement and Reform Act of 1996 (7 U.S.C. 7333) and the wildfire and
    hurricane indemnity plus program under subpart O of part 760 of title 7,
    Code of Federal Regulations:  Provided
    further, <>  That for the purposes of determining
    the amount of eligible sales under section 9.202(i) of title 7, Code of
    Federal Regulations, the Secretary of Agriculture may allow producers to

    [[Page 2106]]

    substitute 2018 sales for such commodities for 2019 sales:  Provided
    further, That from the amounts provided in this section, the Secretary
    of Agriculture shall make payments to producers of livestock or poultry
    (not including any packer (as defined in section 201 of the Packers and
    Stockyards Act, 1921 (7 U.S.C. 191)) or live poultry dealer (as defined
    in section 2(a) of that Act (7 U.S.C. 182(a)))) for losses of livestock
    or poultry depopulated before the date of enactment of this Act due to
    insufficient processing access, based on 80 percent of the fair market
    value of any livestock or poultry so depopulated, and for the cost of
    such depopulation (other than costs for which the producer has been
    compensated under the environmental quality incentives program under
    subchapter A of chapter 4 of subtitle D of title XII of the Food
    Security Act of 1985 (16 U.S.C. 3839aa et seq.)):  Provided
    further, <>  That in determining the cost of
    depopulation under the preceding proviso, the Secretary of Agriculture
    may take into consideration whether a producer has been compensated for
    the costs of such depopulation by any State program:  Provided further,
    That from the amounts provided in this section, the Secretary of
    Agriculture shall make payments to producers of cattle described in
    paragraphs (2), (3), and (4) of section 9.102(i) of title 7, Code of
    Federal Regulations, in an amount equal to the product obtained by
    multiplying the number of such cattle in inventory during the time
    period specified in paragraph (c)(2) of that section by 50 percent of
    the payment rate calculated by subtracting the applicable CCC payment
    rate specified in paragraph (h) of that section and the applicable
    payment rate specified in section 9.202(c) of that title from the
    applicable CARES Act payment rate specified in section 9.102(h) of that
    title:  Provided further, That from the amounts provided in this
    section, the Secretary of Agriculture shall make payments to producers
    of cattle described in paragraphs (1) and (5) of section 9.102(i) of
    title 7, Code of Federal Regulations, in an amount equal to the product
    obtained by multiplying the number of such cattle in inventory during
    the time period specified in paragraph (c)(2) of that section by 25
    percent of the payment rate calculated by subtracting the applicable CCC
    payment rate specified in paragraph (h) of that section and the
    applicable payment rate specified in section 9.202(c) of that title (if
    applicable) from the applicable CARES Act payment rate specified in
    section 9.102(h) of that title:  Provided
    further, <>  That from the amounts
    provided in this section, the Secretary of Agriculture shall use not
    more than $1,000,000,000 to make payments to contract growers of
    livestock and poultry to cover not more than 80 percent of revenue
    losses, as determined by the Secretary of Agriculture, for the period
    beginning on January 1, 2020, and ending on the date of enactment of
    this Act:  Provided further, That from the amounts provided in this
    section, the Secretary of Agriculture shall use not less than
    $20,000,000 to improve and maintain animal disease prevention and
    response capacity:  Provided further, <>
    That from the amounts provided in this section, the Secretary of
    Agriculture shall make payments to domestic users of upland cotton and
    extra-long staple cotton for the period beginning on March 1, 2020, and
    ending on December 31, 2020, in an amount equal to the product obtained
    by multiplying 10 by the product obtained by multiplying 6 cents per
    pound by the average monthly consumption of the domestic user for the
    period beginning on January 1, 2017, and ending on December 31, 2019:
    Provided further, <>  That notwithstanding
    paragraph (e) of section

    [[Page 2107]]

    9.7 of title 7, Code of Federal Regulations (or any successor
    regulation), and subject to the availability of funds, taking into
    account the requirements of the other provisos in this section, for
    purposes of providing assistance under subparts B and C of part 9 of
    that title, the Secretary of Agriculture shall make additional payments
    to ensure that such assistance more closely aligns with the calculated
    gross payment or revenue losses of any person or entity, except that
    such assistance shall not exceed the calculated gross payment or 80
    percent of the loss, as determined by the Secretary of Agriculture, of
    any entity or persons, and that for the purposes of determining income
    derived from farming, ranching, and forestry under paragraph (d) of that
    section, the Secretary of Agriculture shall broadly consider income
    derived from agricultural sales (including gains), agricultural
    services, the sale of agricultural real estate, and prior year net
    operating loss carryforward as such income:  Provided further, That from
    the amounts provided in this section, the Secretary of Agriculture may
    provide support to processors for losses of crops due to insufficient
    processing access:  Provided further, <>
    That the Secretary of Agriculture may extend the term of a marketing
    assistance loan authorized by section 1201 of the Agricultural Act of
    2014 (7 U.S.C. 9031), notwithstanding section 1203(b) of that Act (7
    U.S.C. 9033(b)), for any loan commodity to 12 months:  Provided
    further, <>  That the authority provided by the
    previous proviso shall expire on September 30, 2021:  Provided further,
    That from the amounts provided in this section, the Secretary of
    Agriculture shall use not less than $1,500,000,000 to purchase food and
    agricultural products, including seafood, to purchase and distribute
    agricultural products (including fresh produce, dairy, and meat
    products) to individuals in need, including through delivery to
    nonprofit organizations that can receive, store, and distribute food
    items, and for grants and loans to small or midsized food processors or
    distributors, seafood processing facilities and processing vessels,
    farmers markets, producers, or other organizations to respond to
    coronavirus, including for measures to protect workers against the
    Coronavirus Disease 2019 (COVID-19):  Provided
    further, <>  That not later than 30 days after
    the date of enactment of this Act and prior to issuing solicitations for
    contracts under the previous proviso, the Secretary of Agriculture shall
    conduct a preliminary review of actions necessary to improve COVID-19-
    related food purchasing, including reviewing coordination,
    specifications, quality, and fairness of purchases, including the
    distribution of purchased commodities, including the fairness of food
    distribution, such as whether rural communities received adequate
    support, the degree to which transportation costs were sufficient to
    reach all areas, whether food safety was adequate in the distribution of
    food, and the degree to which local purchases of food were made:
    Provided further, <>  That from the amounts provided
    in this section, the Secretary of Agriculture may use not more than
    $200,000,000 to provide relief to timber harvesting and timber hauling
    businesses that have, as a result of the COVID-19 pandemic, experienced
    a loss of not less than 10 percent in gross revenue during the period
    beginning on January 1, 2020, and ending on December 1, 2020, as
    compared to the gross revenue of that timber harvesting or hauling
    business during the same period in 2019:  Provided further, That in
    making direct support payments in this section, the Secretary of
    Agriculture may take into account price differentiation factors for each
    commodity based

    [[Page 2108]]

    on specialized varieties, local markets, and farm practices, such as
    certified organic farms (as defined in section 2103 of the Organic Foods
    Production Act of 1990 (7 U.S.C. 6502)):  Provided further,
    That <>  using amounts provided in this section, the
    Secretary of Agriculture may make payments to producers of advanced
    biofuel, biomass-based diesel, cellulosic biofuel, conventional biofuel,
    or renewable fuel (as such terms are defined in section 211(o)(1) of the
    Clean Air Act (42 U.S.C. 7545(o)(1))) produced in the United States, for
    unexpected market losses as a result of COVID-19:  Provided further,
    That <> the Secretary of Agriculture may make recourse
    loans available to dairy product processors, packagers, or merchandisers
    impacted by COVID-19:  Provided further, That each reference in this
    section to a section or other provision of the Code of Federal
    Regulations shall be considered to be a reference to that section or
    other provision as in effect on the date of enactment of this Act.
    SEC. 752. SPECIALTY CROP BLOCK GRANTS.

    Due to the impacts of COVID-19 on specialty crops, there is
    appropriated, out of any funds in the Treasury not otherwise
    appropriated, for Specialty Crop Block Grants under section 101 of the
    Specialty Crops Competitiveness Act of 2004 (7 U.S.C. 1621 note; Public
    Law 108-465), $100,000,000, to remain available until expended.
    SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.

    Due to the impacts that COVID-19 has had on many local agriculture
    markets, there is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for the Local Agriculture Market Program
    established under section 210A of the Agricultural Marketing Act of 1946
    (7 U.S.C. 1627c), $100,000,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, the Secretary
    of Agriculture may reduce the amount of matching funds otherwise
    required under that section 210A to an amount not greater than 10
    percent of the total amount of the Federal funds obligated under this
    section only during the public health emergency declared by the
    Secretary of Health and Human Services under section 319 of the Public
    Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to
    COVID-19 (or any renewal of that declaration):  Provided further, That
    such match may be an in-kind contribution.
    SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUTREACH PROGRAM.

    Due to the impacts of COVID-19 on certain producers, there is
    appropriated, out of any funds in the Treasury not otherwise
    appropriated, for the Farming Opportunities Training and Outreach
    Program under section 2501 of the Food, Agriculture, Conservation, and
    Trade Act of 1990 (7 U.S.C. 2279), $75,000,000, to remain available
    until expended:  Provided, That notwithstanding any other provision of
    law, the Secretary of Agriculture may reduce the amount of matching
    funds otherwise required under that section 2501 to an amount not
    greater than 10 percent of the total amount of the Federal funds
    obligated under this section only during the public health emergency
    declared by the Secretary of Health and Human Services under section 319
    of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
    with respect to COVID-19 (or any renewal of that declaration):  Provided
    further, That

    [[Page 2109]]

    such match may be an in-kind contribution:  Provided
    further, <> That the Secretary of Agriculture
    may waive any maximum grant amount otherwise applicable to grants
    provided using such amounts.
    SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.

    There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, for the Gus Schumacher Nutrition Incentive
    Program under section 4405 of the Food, Conservation, and Energy Act of
    2008 (7 U.S.C. 7517), $75,000,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, the Secretary
    of Agriculture may reduce the amount of matching funds otherwise
    required under that section 4405 to an amount not greater than 10
    percent of the total amount of the Federal funds obligated under this
    section only during the public health emergency declared by the
    Secretary of Health and Human Services under section 319 of the Public
    Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to
    COVID-19 (or any renewal of that declaration):  Provided further, That
    such match may be an in-kind contribution:  Provided
    further, <> That the Secretary of Agriculture
    may waive any maximum grant amount otherwise applicable to grants
    provided under this section:  Provided further, That the Secretary of
    Agriculture may use such amounts to provide additional funding to
    ongoing grants provided under such Program before the date of enactment
    of this Act.
    SEC. 756. <>  RESEARCH.

    There is appropriated, out of any funds in the Treasury not
    otherwise appropriated, $20,000,000 for fiscal year 2021 and each fiscal
    year thereafter for the Agricultural Research Service to address gaps in
    nutrition research at the critical intersections of responsive
    agriculture, quality food production, and human nutrition and health.

    CHAPTER 2--SUPPORT FOR DAIRY, LIVESTOCK, AND FARM STRESS

    SEC. 760. <>  DEFINITIONS.

    In this chapter:
    (1) The term ``COVID-19'' means the disease caused by SARS-
    CoV-2, or any viral strain mutating therefrom with pandemic
    potential.
    (2) The term ``COVID-19 public health emergency'' means the
    public health emergency declared by the Secretary of Health and
    Human Services under section 319 of the Public Health Service
    Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-
    19 (or any renewal of that declaration).
    (3) The term ``Secretary'' means the Secretary of
    Agriculture.
    SEC. 761. <>  SUPPLEMENTAL DAIRY MARGIN
    COVERAGE PAYMENTS.

    (a) In General.--The Secretary shall provide supplemental dairy
    margin coverage payments to participating eligible dairy operations
    described in subsection (b)(1) whenever the average actual dairy
    production margin (as defined in section 1401 of the Agricultural Act of
    2014 (7 U.S.C. 9051)) for a month is less than the coverage level
    threshold selected by such eligible dairy operation under section 1406
    of that Act (7 U.S.C. 9056).
    (b) Eligible Dairy Operation Described.--

    [[Page 2110]]

    (1) In general.--An eligible dairy operation described in
    this subsection is a dairy operation that--
    (A) is located in the United States; and
    (B) during a calendar year in which such dairy
    operation is a participating dairy operation (as defined
    in section 1401 of the Agricultural Act of 2014 (7
    U.S.C. 9051)), has a production history established
    under the dairy margin coverage program under section
    1405 of the Agricultural Act of 2014 (7 U.S.C. 9055) of
    less than 5,000,000 pounds, as determined in accordance
    with subsection (c) of such section 1405.
    (2) Limitation on eligibility.--An eligible dairy operation
    shall only be eligible for payments under this section during a
    calendar year in which such eligible dairy operation is enrolled
    in the dairy margin coverage (as defined in section 1401 of the
    Agricultural Act of 2014 (7 U.S.C. 9051)).

    (c) Supplemental Production History Calculation.--
    (1) <>  In general.--For purposes of
    determining the supplemental production history of an eligible
    dairy operation under this section, such dairy operation's
    supplemental production history shall be equal to 75 percent of
    the amount described in paragraph (2) with respect to such dairy
    operation.
    (2) Amount.--The amount referred to in paragraph (1) is,
    with respect to an eligible dairy operation, the amount equal
    to--
    (A) the production volume of such dairy operation
    for the 2019 milk marketing year; minus
    (B) the dairy margin coverage production history of
    such dairy operation established under section 1405 of
    the Agricultural Act of 2014 (7 U.S.C. 9055).

    (d) Coverage Percentage.--
    (1) In general.--For purposes of calculating payments to be
    issued under this section during a calendar year, an eligible
    dairy operation's coverage percentage shall be equal to the
    coverage percentage selected by such eligible dairy operation
    with respect to such calendar year under section 1406 of the
    Agricultural Act of 2014 (7 U.S.C. 9056).
    (2) 5 million pound limitation.--
    (A) In general.--The Secretary shall not provide
    supplemental dairy margin coverage on an eligible dairy
    operation's actual production for a calendar year such
    that the total covered production history of such dairy
    operation exceeds 5,000,000 pounds.
    (B) Determination of amount.--In calculating the
    total covered production history of an eligible dairy
    operation under subparagraph (A), the Secretary shall
    multiply the coverage percentage selected by such
    operation under section 1406 of the Agricultural Act of
    2014 (7 U.S.C. 9056) by the sum of--
    (i) the supplemental production history
    calculated under subsection (c) with respect to
    such dairy operation; and
    (ii) the dairy margin coverage production
    history described in subsection (c)(2)(B) with
    respect to such dairy operation.

    [[Page 2111]]

    (e) Premium Cost.--The premium cost for an eligible dairy operation
    under this section for a calendar year shall be equal to the product of
    multiplying--
    (1) the Tier I premium cost calculated with respect to such
    dairy operation for such year under section 1407(b) of the
    Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
    (2) the supplemental production history with respect to such
    dairy operation calculated under subsection (c) (such that total
    covered production history does not exceed 5,000,000 pounds).

    (f) <>  Regulations.--Not later than 45 days after
    the date of the enactment of this section, the Secretary shall issue
    regulations to carry out this section.

    (g) Prohibition With Respect to Dairy Margin Coverage Enrollment.--
    (1) In general.--The Secretary may not reopen or otherwise
    provide a special enrollment for dairy margin coverage (as
    defined in section 1401 of the Agricultural Act of 2014 (7
    U.S.C. 9051)) for purposes of establishing eligibility for
    supplemental dairy margin coverage payments under this section.
    (2) Clarification with respect to supplemental dairy margin
    coverage payments.--The Secretary may open a special enrollment
    for supplemental dairy margin coverage under this section.

    (h) Application for Calendar Year 2021.--The Secretary shall make
    payments under this section to eligible dairy operations described in
    subsection (b)(1) for months after and including January, 2021.
    (i) Sunset.--The authority to make payments under this section shall
    terminate on December 31, 2023.
    (j) Funding.--There is appropriated, out of any funds in the
    Treasury not otherwise appropriated, to carry out this section such sums
    as necessary, to remain available until the date specified in subsection
    (i).
    SEC. 762. <>  DAIRY DONATION PROGRAM.

    (a) Definitions.--In this section:
    (1) Eligible dairy organization.--The term ``eligible dairy
    organization'' has the meaning given the term in section 1431(a)
    of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
    (2) Eligible dairy product.--The term ``eligible dairy
    product'' means a product primarily made from milk, including
    fluid milk, that is produced and processed in the United States.
    (3) Eligible distributor.--The term ``eligible distributor''
    means a public or private nonprofit organization that
    distributes donated eligible dairy products to recipient
    individuals and families.
    (4) Eligible partnership.--The term ``eligible partnership''
    means a partnership between an eligible dairy organization and
    an eligible distributor.

    (b) <>  Establishment and Purposes.--Not later than
    60 days after the date of enactment of this Act, the Secretary shall
    establish and administer a dairy donation program for the purposes of--
    (1) facilitating the timely donation of eligible dairy
    products; and
    (2) preventing and minimizing food waste.

    [[Page 2112]]

    (c) Donation and Distribution Plans.--
    (1) In general.--To be eligible to receive reimbursement
    under subsection (d), an eligible partnership shall submit to
    the Secretary a donation and distribution plan that describes
    the process that the eligible partnership will use for the
    donation, processing, transportation, temporary storage, and
    distribution of eligible dairy products.
    (2) Review and approval.--
    (A) <>  In general.--Not later than
    15 business days after receiving a plan described in
    paragraph (1), the Secretary shall--
    (i) review that plan; and
    (ii) issue an approval or disapproval of that
    plan.
    (B) Emergency and disaster-related prioritization.--
    (i) <>  In general.--In
    receiving and reviewing a donation and
    distribution plan submitted under paragraph (1),
    the Secretary shall determine whether an emergency
    or disaster was a substantial factor in the
    submission, including--
    (I) a declared or renewed public
    health emergency under section 319 of
    the Public Health Service Act (42 U.S.C.
    247d); and
    (II) a disaster designated by the
    Secretary.
    (ii) Priority review.--On making an
    affirmative determination under clause (i) with
    respect to a donation and distribution plan
    submitted under paragraph (1), the Secretary shall
    give priority to the approval or disapproval of
    that plan.

    (d) Reimbursement.--
    (1) In general.--On receipt of appropriate documentation
    under paragraph (3), the Secretary shall reimburse an eligible
    dairy organization that is a member of an eligible partnership
    for which the Secretary has approved a donation and distribution
    plan under subsection (c)(2)(A)(ii) at a rate equal to the
    product obtained by multiplying--
    (A) the current reimbursement price described in
    paragraph (2); and
    (B) the volume of milk required to make the donated
    eligible dairy product.
    (2) Reimbursement price.--The Secretary--
    (A) shall set the reimbursement price referred to in
    paragraph (1)(A) at a value that shall--
    (i) be representative of the cost of the milk
    required to make the donated eligible dairy
    product;
    (ii) be between the lowest and highest of the
    class I, II, III, or IV milk prices on the date of
    the production of the eligible dairy product;
    (iii) be sufficient to avoid food waste; and
    (iv) not interfere with the commercial
    marketing of milk or dairy products;
    (B) may set appropriate reimbursement prices under
    subparagraph (A) for different eligible dairy products
    by class and region for the purpose of--
    (i) encouraging the donation of surplus
    eligible dairy products;
    (ii) facilitating the orderly marketing of
    milk;

    [[Page 2113]]

    (iii) reducing volatility relating to
    significant market disruptions;
    (iv) maintaining traditional price
    relationships between classes of milk; or
    (v) stabilizing on-farm milk prices.
    (3) Documentation.--
    (A) In general.--An eligible dairy organization
    shall submit to the Secretary such documentation as the
    Secretary may require to demonstrate--
    (i) the production of the eligible dairy
    product; and
    (ii) the donation of the eligible dairy
    product to an eligible distributor.
    (B) Verification.--The Secretary may verify the
    accuracy of documentation submitted under subparagraph
    (A).
    (4) Retroactive reimbursement.--In providing reimbursements
    under paragraph (1), the Secretary may provide reimbursements
    for eligible dairy product costs incurred before the date on
    which the donation and distribution plan for the applicable
    participating partnership was approved by the Secretary under
    subsection (c)(2)(A)(ii).
    (5) <> Emergency and disaster-related
    prioritization.--In providing reimbursements under paragraph
    (1), the Secretary shall give priority to reimbursements to
    eligible dairy organizations covered by a donation and
    distribution plan for which the Secretary makes an affirmative
    determination under subsection (c)(2)(B)(i).

    (e) Prohibition on Resale of Products.--
    (1) In general.--An eligible distributor that receives
    eligible dairy products donated under this section may not sell
    the eligible dairy products into commercial markets.
    (2) <>  Prohibition on future
    participation.--An eligible distributor that the Secretary
    determines has violated paragraph (1) shall not be eligible for
    any future participation in the program established under this
    section.

    (f) Reviews.--The Secretary shall conduct appropriate reviews or
    audits to ensure the integrity of the program established under this
    section.
    (g) <>  Publication of Donation
    Activity.--The Secretary, acting through the Administrator of the
    Agricultural Marketing Service, shall publish on the publicly accessible
    website of the Agricultural Marketing Service periodic reports
    describing donation activity under this section.

    (h) Supplemental Reimbursements.--
    (1) <>  In general.--The Secretary shall
    make a supplemental reimbursement to an eligible dairy
    organization that received a reimbursement under the milk
    donation program established under section 1431 of the
    Agricultural Act of 2014 (7 U.S.C. 9071) during the period
    beginning on January 1, 2020, and ending on the date on which
    amounts made available under subsection (i) are no longer
    available.
    (2) Reimbursement calculation.--A supplemental reimbursement
    described in paragraph (1) shall be an amount equal to--
    (A) the reimbursement calculated under subsection
    (d); minus

    [[Page 2114]]

    (B) the reimbursement under the milk donation
    program described in paragraph (1).

    (i) Funding.--Out of any amounts of the Treasury not otherwise
    appropriated, there is appropriated to the Secretary to carry out this
    section $400,000,000, to remain available until expended.
    SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH
    SELLERS OF LIVESTOCK.

    The Packers and Stockyards Act, 1921, is amended by inserting after
    section 317 (7 U.S.C. 217a) the following new section:
    ``SEC. 318. <>  STATUTORY TRUST ESTABLISHED;
    DEALER.

    ``(a) Establishment.--
    ``(1) In general.--All livestock purchased by a dealer in
    cash sales and all inventories of, or receivables or proceeds
    from, such livestock shall be held by such dealer in trust for
    the benefit of all unpaid cash sellers of such livestock until
    full payment has been received by such unpaid cash sellers.
    ``(2) Exemption.--Any dealer whose average annual purchases
    of livestock do not exceed $100,000 shall be exempt from the
    provisions of this section.
    ``(3) <>  Effect of dishonored
    instruments.--For purposes of determining full payment under
    paragraph (1), a payment to an unpaid cash seller shall not be
    considered to have been made if the unpaid cash seller receives
    a payment instrument that is dishonored.

    ``(b) <>  Preservation of Trust.--An
    unpaid cash seller shall lose the benefit of a trust under subsection
    (a) if the unpaid cash seller has not preserved the trust by giving
    written notice to the dealer involved and filing such notice with the
    Secretary--
    ``(1) within 30 days of the final date for making a payment
    under section 409 in the event that a payment instrument has not
    been received; or
    ``(2) within 15 business days after the date on which the
    seller receives notice that the payment instrument promptly
    presented for payment has been dishonored.

    ``(c) <> Notice to Lien Holders.--When a dealer
    receives notice under subsection (b) of the unpaid cash seller's intent
    to preserve the benefits of the trust, the dealer shall, within 15
    business days, give notice to all persons who have recorded a security
    interest in, or lien on, the livestock held in such trust.

    ``(d) Cash Sales Defined.--For the purpose of this section, a cash
    sale means a sale in which the seller does not expressly extend credit
    to the buyer.
    ``(e) Purchase of Livestock Subject to Trust.--
    ``(1) In general.--A person purchasing livestock subject to
    a dealer trust shall receive good title to the livestock if the
    person receives the livestock--
    ``(A) in exchange for payment of new value; and
    ``(B) in good faith without notice that the transfer
    is a breach of trust.
    ``(2) Dishonored payment instrument.--Payment shall not be
    considered to have been made if a payment instrument given in
    exchange for the livestock is dishonored.
    ``(3) Transfer in satisfaction of antecedent debt.--A
    transfer of livestock subject to a dealer trust is not for

    [[Page 2115]]

    value if the transfer is in satisfaction of an antecedent debt
    or to a secured party pursuant to a security agreement.

    ``(f) Enforcement.--Whenever the Secretary has reason to believe
    that a dealer subject to this section has failed to perform the duties
    required by this section or whenever the Secretary has reason to believe
    that it will be in the best interest of unpaid cash sellers, the
    Secretary shall do one or more of the following--
    ``(1) <>  appoint an independent trustee
    to carry out the duties required by this section, preserve trust
    assets, and enforce the trust;
    ``(2) serve as independent trustee, preserve trust assets,
    and enforce the trust; or
    ``(3) file suit in the United States district court for the
    district in which the dealer resides to enjoin the dealer's
    failure to perform the duties required by this section, preserve
    trust assets, and to enforce the trust. Attorneys employed by
    the Secretary may, with the approval of the Attorney General,
    represent the Secretary in any such suit. Nothing herein shall
    preclude unpaid sellers from filing suit to preserve or enforce
    the trust.''.
    SEC. 764. <>  GRANTS FOR IMPROVEMENTS TO MEAT
    AND POULTRY FACILITIES TO ALLOW FOR
    INTERSTATE SHIPMENT.

    (a) In General.--The Secretary shall make grants to meat and poultry
    slaughter and processing facilities described in subsection (b)
    (including such facilities operating under State inspection or such
    facilities that are exempt from Federal inspection) to assist such
    facilities with respect to costs incurred in making improvements to such
    facilities and carrying out other planning activities necessary--
    (1) to obtain a Federal grant of inspection under the
    Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the
    Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as
    applicable; or
    (2) to operate as a State-inspected facility that is
    compliant with--
    (A) the Federal Meat Inspection Act (21 U.S.C. 601
    et seq.) under the cooperative interstate shipment
    program established under section 501 of that Act (21
    U.S.C. 683); or
    (B) the Poultry Products Inspection Act (21 U.S.C.
    451 et seq.) under the cooperative interstate shipment
    program established under section 31 of that Act (21
    U.S.C. 472).

    (b) Eligible Facilities.--To be eligible for a grant under this
    section, a meat or poultry slaughter or processing facility shall be--
    (1) in operation as of the date on which the facility
    submits to the Secretary an application for the grant; and
    (2) seeking--
    (A) to obtain a Federal grant of inspection
    described in subsection (a)(1); or
    (B) to be eligible for inspection under a
    cooperative interstate shipment program described in
    subparagraph (A) or (B), as applicable, of subsection
    (a)(2), in a State that participates in that program.

    [[Page 2116]]

    (c) Eligible Activities.--A facility that receives a grant under
    this section may use the grant amount for--
    (1) the modernization or expansion of existing facilities;
    (2) the modernization of equipment;
    (3) compliance with packaging and labeling requirements
    under applicable law;
    (4) compliance with safety requirements under applicable
    law;
    (5) the development of processes to ensure food safety; and
    (6) such other purposes as the Secretary determines to be
    appropriate.

    (d) Grant Requirements.--
    (1) Amount.--The amount of a grant under this section shall
    not exceed $200,000.
    (2) <>  Condition.--As a
    condition of receiving a grant under this section, a grant
    recipient shall agree that the grant recipient shall make a
    payment (or payments) to the Secretary in an amount equal to the
    amount of the grant if the recipient, within 36 months of
    receiving such grant--
    (A) as applicable--
    (i) is not subject to inspection under the
    Federal Meat Inspection Act (21 U.S.C. 601 et
    seq.) or the Poultry Products Inspection Act (21
    U.S.C. 451 et seq.), as applicable; or
    (ii) is not eligible for inspection under a
    cooperative interstate shipment program described
    in subparagraph (A) or (B), as applicable, of
    subsection (a)(2); or
    (B) is not making a good faith effort to be subject
    to such inspection or to be eligible under such a
    cooperative interstate shipment program, as applicable.
    (3) Matching funds.--
    (A) <>  In general.--The
    Secretary shall require a recipient of a grant under
    this section to provide matching non-Federal funds in an
    amount equal to the amount of the grant.
    (B) Exception.--The Secretary shall not require any
    recipient of a grant under this section to provide
    matching funds with respect to a grant awarded in fiscal
    year 2021.

    (e) Reports.--
    (1) <> Reports on grants made.--
    Beginning not later than 1 year after the date on which the
    first grant is awarded under this section, and continuing
    annually thereafter through the year that is 10 years after the
    date on which the final grant is awarded under this section, the
    Secretary shall submit to the Committee on Agriculture and the
    Committee on Appropriations of the House of Representatives and
    the Committee on Agriculture, Nutrition, and Forestry and the
    Committee on Appropriations of the Senate a report on grants
    made under this section, including--
    (A) any facilities that used a grant awarded under
    this section to carry out eligible activities described
    in subsection (c) during the year covered by the report;
    and
    (B) the operational status of facilities that were
    awarded grants under this section.

    [[Page 2117]]

    (2) Report on the cooperative interstate shipment program.--
    <> Beginning not later than 1 year after
    the date of the enactment of this section, the Secretary shall
    submit to the Committee on Agriculture and the Committee on
    Appropriations of the House of Representatives and the Committee
    on Agriculture, Nutrition, and Forestry and the Committee on
    Appropriations of the Senate a report describing any
    recommendations, developed in consultation with all States, for
    possible improvements to the cooperative interstate shipment
    programs under section 501 of the Federal Meat Inspection Act
    (21 U.S.C. 683) and section 31 of the Poultry Products
    Inspection Act (21 U.S.C. 472).

    (f) Funding.--Of the funds of the Treasury not otherwise
    appropriated, there is appropriated to carry out this section
    $60,000,000 for the period of fiscal years 2021 through 2023, to remain
    available until expended.
    SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND REPORT.

    (a) Study and Report on Financial Assistance Availability.--
    (1) Study required.--The Secretary shall conduct a study on
    the availability and effectiveness of--
    (A) Federal loan programs, Federal loan guarantee
    programs, and grant programs for which--
    (i) facilities that slaughter or otherwise
    process meat and poultry in the United States,
    which are in operation and subject to inspection
    under the Federal Meat Inspection Act (21 U.S.C.
    601 et seq.) or the Poultry Products Inspection
    Act (21 U.S.C. 451 et seq.), as of the date of the
    enactment of this section, and
    (ii) entities seeking to establish such a
    facility in the United States,
    may be eligible; and
    (B) Federal grant programs intended to support--
    (i) business activities relating to increasing
    the slaughter or processing capacity in the United
    States; and
    (ii) feasibility or marketing studies on the
    practicality and viability of specific new or
    expanded projects to support additional slaughter
    or processing capacity in the United States.
    (2) <>  Report to congress.--Not later
    than 60 days after the date of the enactment of this section,
    the Secretary, in consultation with applicable Federal agencies,
    shall submit a report to the Committee on Agriculture of the
    House of Representatives and the Committee on Agriculture,
    Nutrition, and Forestry of the Senate that includes the results
    of the study required under paragraph (1).
    (3) <>
    Publication.--Not later than 90 days after the date of the
    enactment of this section, the Secretary shall make publicly
    available on the website of the Food Safety and Inspection
    Service of the Department of Agriculture a list of each loan
    program, loan guarantee program, and grant program identified
    under paragraph (1).

    [[Page 2118]]

    (b) Funding.--There is appropriated, out of the funds of the
    Treasury not otherwise appropriated, $2,000,000 to carry out this
    section.
    SEC. <> 766. SUPPORT FOR FARM STRESS PROGRAMS.

    (a) <>  In General.--The Secretary shall make grants
    to State departments of agriculture (or such equivalent department) to
    expand or sustain stress assistance programs for individuals who are
    engaged in farming, ranching, and other agriculture-related occupations,
    including--
    (1) programs that meet the criteria specified in section
    7522(b)(1) of the Food, Conservation, and Energy Act of 2008 (7
    U.S.C. 5936(b)(1)); and
    (2) any State initiatives carried out as of the date of the
    enactment of this Act that provide stress assistance for such
    individuals.

    (b) <>  Grant Timing and Amount.--In making grants
    under subsection (a), not later than 60 days after the date of the
    enactment of this Act and subject to subsection (c), the Secretary
    shall--
    (1) make awards to States submitting State plans that meet
    the criteria specified in paragraph (1) of such subsection
    within the time period specified by the Secretary; and
    (2) <>  of the amounts made available
    under subsection (f), allocate among such States, an amount to
    be determined by the Secretary, which in no case may exceed
    $500,000 for each State.

    (c) State Plan.--
    (1) In general.--A State department of agriculture seeking a
    grant under subsection (a) shall submit to the Secretary a State
    plan to expand or sustain stress assistance programs described
    in that subsection that includes--
    (A) a description of each activity and the estimated
    amount of funding to support each program and activity
    carried out through such a program;
    (B) <>  an estimated timeline for
    the operation of each such program and activity;
    (C) the total amount of funding sought; and
    (D) an assurance that the State department of
    agriculture will comply with the reporting requirement
    under subsection (e).
    (2) <>  Guidance.--Not later than 20 days
    after the date of the enactment of this Act, the Secretary shall
    issue guidance for States with respect to the submission of a
    State plan under paragraph (1) and the allocation criteria under
    subsection (b).
    (3) Reallocation.--If, after the first grants are awarded
    pursuant to allocation under subsection (b), any funds made
    available under subsection (f) to carry out this subsection
    remain unobligated, the Secretary shall--
    (A) inform States that submit plans as described in
    subsection (b), of such availability; and
    (B) <>  reallocate such funds
    among such States, as the Secretary determines to be
    appropriate and equitable.

    (d) Collaboration.--The Secretary may issue guidance to encourage
    State departments of agriculture to use funds provided under this
    section to support programs described in subsection (a) that are
    operated by--

    [[Page 2119]]

    (1) Indian tribes (as defined in section 4 of the Indian
    Self-Determination and Education Assistance Act (25 U.S.C.
    5304));
    (2) State cooperative extension services; and
    (3) nongovernmental organizations.

    (e) Reporting.--Not later than 180 days after the COVID-19 public
    health emergency ends, each State receiving additional grants under
    subsection (b) shall submit a report to the Secretary describing--
    (1) the activities conducted using such funds;
    (2) the amount of funds used to support each such activity;
    and
    (3) <>  the estimated number of individuals
    served by each such activity.

    (f) Funding.--Out of the funds of the Treasury not otherwise
    appropriated, there is appropriated to carry out this section
    $28,000,000, to remain available until expended.
    (g) State Defined.--In this section, the term ``State'' means--
    (1) a State;
    (2) the District of Columbia;
    (3) the Commonwealth of Puerto Rico; and
    (4) any other territory or possession of the United States.

    TITLE VIII--UNITED STATES POSTAL SERVICE

    SEC. 801. COVID-19 FUNDING FOR THE UNITED STATES POSTAL SERVICE.

    Section 6001 of the CARES Act (39 U.S.C. 101 note; Public Law 116-
    136) is amended--
    (1) in the section heading, by striking ``borrowing
    authority'' and inserting ``funding'';
    (2) by redesignating subsection (c) as subsection (d); and
    (3) by inserting after subsection (b) the following:

    ``(c) No Repayment Required.--Notwithstanding any other provision of
    law, including subsection (b) of this section, or any agreement entered
    into between the Secretary of the Treasury and the Postal Service under
    that subsection, the Postal Service shall not be required to repay the
    amounts borrowed under that subsection.''.
    SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK POSTAL
    SHIPMENTS.

    Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 U.S.C.
    1415(a)(3)(K)(vii)) is amended--
    (1) in subclause (I), by striking ``subclause (II)'' and
    inserting ``subclause (II) or (III)''; and
    (2) by adding at the end the following:
    ``(III) <>  Notwithstanding
    subclause (I), during the period beginning on January 1,
    2021, through March 15, 2021, the Postmaster General may
    accept a shipment without transmission of the
    information described in paragraphs (1) and (2) if the
    Commissioner determines, or concurs with the
    determination of the Postmaster General, that the
    shipment presents a low risk of violating any relevant
    United States statutes or regulations, including
    statutes

    [[Page 2120]]

    or regulations relating to the importation of controlled
    substances such as fentanyl and other synthetic
    opioids.''.

    TITLE IX--BROADBAND INTERNET ACCESS SERVICE

    SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED COMMUNICATIONS
    NETWORK REIMBURSEMENT PROGRAM.

    The Secure and Trusted Communications Networks Act of 2019 (47
    U.S.C. 1601 et seq.) is amended--
    (1) in section 4 (47 U.S.C. 1603)--
    (A) in subsection (b)(1), by striking ``2,000,000''
    and inserting ``10,000,000'';
    (B) in subsection (c)--
    (i) in paragraph (1)(A)--
    (I) in the matter preceding clause
    (i), by striking ``before'';
    (II) by amending clause (i) to read
    as follows:
    ``(i) as defined in the Report and Order of
    the Commission in the matter of Protecting Against
    National Security Threats to the Communications
    Supply Chain Through FCC Programs (FCC 19-121; WC
    Docket No. 18-89; adopted November 22, 2019) (in
    this section referred to as the `Report and
    Order'); or''; and
    (III) by amending clause (ii) to
    read as follows:
    ``(ii) as determined to be covered by both the
    process of the Report and Order and the
    Designation Orders of the Commission on June 30,
    2020 (DA 20-690; PS Docket No. 19-351; adopted
    June 30, 2020) (DA 20-691; PS Docket No. 19-352;
    adopted June 30, 2020) (in this section
    collectively referred to as the `Designation
    Orders');''; and
    (ii) in paragraph (2)(A), by amending clauses
    (i) and (ii) to read as follows:
    ``(i) publication of the Report and Order; or
    ``(ii) in the case of covered communications
    equipment that only became covered pursuant to the
    Designation Orders, June 30, 2020; or'';
    (C) in subsection (d)(5)--
    (i) in subparagraph (A), by striking ``The
    Commission'' and inserting ``Subject to
    subparagraph (C), the Commission''; and
    (ii) by adding at the end the following:
    ``(C) Priority for allocation.--On and after the
    date of enactment of this subparagraph, the Commission
    shall allocate sufficient reimbursement funds--
    ``(i) first, to approved applicants that have
    2,000,000 or fewer customers, for removal and
    replacement of covered communications equipment,
    as defined in section 9 or as designated by the
    process set forth in the Report and Order;
    ``(ii) after funds have been allocated to all
    applicants described in clause (i), to approved
    applicants that are accredited public or private
    non-commercial educational institutions providing
    their

    [[Page 2121]]

    own facilities-based educational broadband
    service, as defined in section 27.4 of title 47,
    Code of Federal Regulations, or any successor
    regulation, for removal and replacement of covered
    communications equipment, as defined in section 9
    or as designated by the process set forth in the
    Report and Order; and
    ``(iii) after funds have been allocated to all
    applicants described in clause (ii), to any
    remaining approved applicants determined to be
    eligible for reimbursement under the Program.'';
    and
    (D) by adding at the end the following:

    ``(k) Limitation.--In carrying out this section, the Commission may
    not expend more than $1,900,000,000.''; and
    (2) in section 9 (47 U.S.C. 1608), by amending paragraph
    (10) to read as follows:
    ``(10) <>  Provider of advanced
    communications service.--The term `provider of advanced
    communications service'--
    ``(A) means a person who provides advanced
    communications service to United States customers; and
    ``(B) includes--
    ``(i) accredited public or private
    noncommercial educational institutions, providing
    their own facilities-based educational broadband
    service, as defined in section 27.4 of title 47,
    Code of Federal Regulations, or any successor
    regulation; and
    ``(ii) health care providers and libraries
    providing advanced communications service.''.
    SEC. 902. <>  CONNECTING MINORITY COMMUNITIES.

    (a) Definitions.--In this section:
    (1) Anchor community.--
    (A) In general.--The term ``anchor community'' means
    any area that--
    (i) except as provided in subparagraph (B), is
    not more than 15 miles from a historically Black
    college or university, a Tribal College or
    University, or a Minority-serving institution; and
    (ii) has an estimated median annual household
    income of not more than 250 percent of the poverty
    line, as that term is defined in section 673(2) of
    the Community Services Block Grant Act (42 U.S.C.
    9902(2)).
    (B) <> Certain tribal colleges
    or universities.--With respect to a Tribal College or
    University that is located on land held in trust by the
    United States, the Assistant Secretary, in consultation
    with the Secretary of the Interior, may establish a
    different maximum distance for the purposes of
    subparagraph (A)(i) if the Assistant Secretary is able
    to ensure that, in establishing that different maximum
    distance, each anchor community that is established as a
    result of that action is statistically comparable to
    other anchor communities described in subparagraph (A).
    (2) Assistant secretary.--The term ``Assistant Secretary''
    means the Assistant Secretary of Commerce for Communications and
    Information.
    (3) Broadband internet access service.--The term ``broadband
    internet access service'' has the meaning given

    [[Page 2122]]

    the term in section 8.1(b) of title 47, Code of Federal
    Regulations, or any successor regulation.
    (4) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (5) Connected device.--The term ``connected device'' means a
    laptop computer, tablet computer, or similar device that is
    capable of connecting to broadband internet access service.
    (6) Director.--The term ``Director'' means the Director of
    the Office.
    (7) Eligible equipment.--The term ``eligible equipment''
    means--
    (A) a Wi-Fi hotspot;
    (B) a modem;
    (C) a router;
    (D) a device that combines a modem and router;
    (E) a connected device; or
    (F) any other equipment used to provide access to
    broadband internet access service.
    (8) Eligible recipient.--The term ``eligible recipient''
    means--
    (A) a historically Black college or university;
    (B) a Tribal College or University;
    (C) a Minority-serving institution; or
    (D) a consortium that is led by a historically Black
    college or university, a Tribal College or University,
    or a Minority-serving institution and that also
    includes--
    (i) a minority business enterprise; or
    (ii) an organization described in section
    501(c)(3) of the Internal Revenue Code of 1986 and
    exempt from tax under section 501(a) of such Code.
    (9) Historically black college or university.--The term
    ``historically Black college or university'' has the meaning
    given the term ``part B institution'' in section 322 of the
    Higher Education Act of 1965 (20 U.S.C. 1061).
    (10) Minority-serving institution.--The term ``Minority-
    serving institution'' means any of the following:
    (A) An Alaska Native-serving institution, as that
    term is defined in section 317(b) of the Higher
    Education Act of 1965 (20 U.S.C. 1059d(b)).
    (B) A Native Hawaiian-serving institution, as that
    term is defined in section 317(b) of the Higher
    Education Act of 1965 (20 U.S.C. 1059d(b)).
    (C) A Hispanic-serving institution, as that term is
    defined in section 502(a) of the Higher Education Act of
    1965 (20 U.S.C. 1101a(a)).
    (D) A Predominantly Black institution, as that term
    is defined in section 371(c) of the Higher Education Act
    of 1965 (20 U.S.C. 1067q(c)).
    (E) An Asian American and Native American Pacific
    Islander-serving institution, as that term is defined in
    section 320(b) of the Higher Education Act of 1965 (20
    U.S.C. 1059g(b)).
    (F) A Native American-serving, nontribal
    institution, as that term is defined in section 319(b)
    of the Higher Education Act of 1965 (20 U.S.C.
    1059f(b)).

    [[Page 2123]]

    (11) Minority business enterprise.--The term ``minority
    business enterprise'' has the meaning given the term in section
    1400.2 of title 15, Code of Federal Regulations, or any
    successor regulation.
    (12) Office.--The term ``Office'' means the Office of
    Minority Broadband Initiatives established pursuant to
    subsection (b)(1).
    (13) Pilot program.--The term ``Pilot Program'' means the
    Connecting Minority Communities Pilot Program established under
    the rules promulgated by the Assistant Secretary under
    subsection (c)(1).
    (14) Tribal college or university.--The term ``Tribal
    College or University'' has the meaning given the term in
    section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
    1059c(b)).
    (15) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
    protocol based on Institute of Electrical and Electronics
    Engineers standard 802.11, or any successor standard.
    (16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
    device that is capable of--
    (A) receiving broadband internet access service; and
    (B) sharing broadband internet access service with
    another device through the use of Wi-Fi.

    (b) Office of Minority Broadband Initiatives.--
    (1) <>  Establishment.--Not later than 180
    days after the date of enactment of this Act, the Assistant
    Secretary shall establish within the National Telecommunications
    and Information Administration the Office of Minority Broadband
    Initiatives.
    (2) <>  Director.--The Office shall be
    headed by the Director of the Office of Minority Broadband
    Initiatives, who shall be appointed by the Assistant Secretary.
    (3) Duties.--The Office, acting through the Director,
    shall--
    (A) collaborate with Federal agencies that carry out
    broadband internet access service support programs to
    determine how to expand access to broadband internet
    access service and other digital opportunities in anchor
    communities;
    (B) collaborate with State, local, and Tribal
    governments, historically Black colleges or
    universities, Tribal Colleges or Universities, Minority-
    serving institutions, and stakeholders in the
    communications, education, business, and technology
    fields to--
    (i) promote--
    (I) initiatives relating to
    broadband internet access service
    connectivity for anchor communities; and
    (II) digital opportunities for
    anchor communities;
    (ii) <>  develop
    recommendations to promote the rapid, expanded
    deployment of broadband internet access service to
    unserved historically Black colleges or
    universities, Tribal Colleges or Universities,
    Minority-serving institutions, and anchor
    communities, including to--

    [[Page 2124]]

    (I) students, faculty, and staff of
    historically Black colleges or
    universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions; and
    (II) senior citizens and veterans
    who live in anchor communities;
    (iii) promote activities that would accelerate
    the adoption of broadband internet access service
    (including any associated equipment or personnel
    necessary to access and use that service, such as
    modems, routers, devices that combine a modem and
    a router, Wi-Fi hotspots, and connected devices)--
    (I) by students, faculty, and staff
    of historically Black colleges or
    universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions; and
    (II) within anchor communities;
    (iv) upon request, provide assistance to
    historically Black colleges or universities,
    Tribal Colleges or Universities, Minority-serving
    institutions, and leaders from anchor communities
    with respect to navigating Federal programs
    dealing with broadband internet access service;
    (v) promote digital literacy skills, including
    by providing opportunities for virtual or in-
    person digital literacy training and education;
    (vi) promote professional development
    opportunity partnerships between industry and
    historically Black colleges or universities,
    Tribal Colleges or Universities, and Minority-
    serving institutions to help ensure that
    information technology personnel and students of
    historically Black colleges or universities,
    Tribal Colleges or Universities, and Minority-
    serving institutions have the skills needed to
    work with new and emerging technologies with
    respect to broadband internet access service; and
    (vii) explore how to leverage investment in
    infrastructure with respect to broadband internet
    access service to--
    (I) expand connectivity with respect
    to that service in anchor communities
    and by students, faculty, and staff of
    historically Black colleges or
    universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions;
    (II) encourage investment in
    communities that have been designated as
    qualified opportunity zones under
    section 1400Z-1 of the Internal Revenue
    Code of 1986; and
    (III) serve as a catalyst for
    adoption of that service, so as to
    promote job growth and economic
    development and deployment of advanced
    technologies; and
    (C) assume any functions carried out under the
    Minority Broadband Initiative of the National
    Telecommunications and Information Administration, as of
    the day before the date of enactment of this Act.
    (4) Reports.--

    [[Page 2125]]

    (A) In general.--Not later than 1 year after the
    date on which the Assistant Secretary establishes the
    Office under paragraph (1), and annually thereafter, the
    Assistant Secretary shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and
    the Committee on Energy and Commerce of the House of
    Representatives a report that--
    (i) for the year covered by the report,
    details the work of the Office in expanding access
    to fixed and mobile broadband internet access
    service--
    (I) at historically Black colleges
    or universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions, including by expanding
    that access to students, faculty, and
    staff of historically Black colleges or
    universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions; and
    (II) within anchor communities; and
    (ii) identifies barriers to providing access
    to broadband internet access service--
    (I) at historically Black colleges
    or universities, Tribal Colleges or
    Universities, and Minority-serving
    institutions, including to students,
    faculty, and staff of historically Black
    colleges or universities, Tribal
    Colleges or Universities, and Minority-
    serving institutions; and
    (II) within anchor communities.
    (B) Public availability.--Not later than 30 days
    after the date on which the Assistant Secretary submits
    a report under subparagraph (A), the Assistant Secretary
    shall, to the extent feasible, make that report publicly
    available.

    (c) Connecting Minority Communities Pilot Program.--
    (1) Rules required.--
    (A) <>  In general.--Not
    later than 45 days after the date of enactment of this
    Act, the Assistant Secretary shall promulgate rules
    establishing the Connecting Minority Communities Pilot
    Program, the purpose of which shall be to provide grants
    to eligible recipients in anchor communities for the
    purchase of broadband internet access service or any
    eligible equipment, or to hire and train information
    technology personnel--
    (i) in the case of an eligible recipient
    described in subparagraph (A), (B), or (C) of
    subsection (a)(8), to facilitate educational
    instruction and learning, including through remote
    instruction;
    (ii) in the case of an eligible recipient
    described in subsection (a)(8)(D)(i), to operate
    the minority business enterprise; or
    (iii) in the case of an eligible recipient
    described in subsection (a)(8)(D)(ii), to operate
    the organization.
    (B) Content.--The rules promulgated under
    subparagraph (A) shall--
    (i) establish a method for identifying which
    eligible recipients in anchor communities have the
    greatest unmet financial needs;
    (ii) ensure that grants under the Pilot
    Program are made--

    [[Page 2126]]

    (I) to eligible recipients
    identified under the method established
    under clause (i); and
    (II) in a manner that best achieves
    the purposes of the Pilot Program;
    (iii) <>  require that an
    eligible recipient described in subparagraph (A),
    (B), or (C) of subsection (a)(8) that receives a
    grant to provide broadband internet access service
    or eligible equipment to students prioritizes
    students who--
    (I) are eligible to receive a
    Federal Pell Grant under section 401 of
    the Higher Education Act of 1965 (20
    U.S.C. 1070a);
    (II) are recipients of any other
    need-based financial aid from the
    Federal Government, a State, or that
    eligible recipient;
    (III) are qualifying low-income
    consumers for the purposes of the
    program carried out under subpart E of
    part 54 of title 47, Code of Federal
    Regulations, or any successor
    regulations;
    (IV) are low-income individuals, as
    that term is defined in section 312(g)
    of the Higher Education Act of 1965 (20
    U.S.C. 1058(g)); or
    (V) have been approved to receive
    unemployment insurance benefits under
    any Federal or State law since March 1,
    2020;
    (iv) provide that a recipient of a grant under
    the Pilot Program--
    (I) shall use eligible equipment for
    a purpose that the recipient considers
    to be appropriate, subject to any
    restriction provided in those rules (or
    any successor rules);
    (II) if the recipient lends, or
    otherwise provides, eligible equipment
    to students or patrons, shall prioritize
    lending or providing to such individuals
    that the recipient believes do not have
    access to that equipment, subject to any
    restriction provided in those rules (or
    any successor rules); and
    (III) may not sell or otherwise
    transfer eligible equipment in exchange
    for any thing (including a service) of
    value;
    (v) <>  include audit
    requirements that--
    (I) ensure that a recipient of a
    grant made under the Pilot Program uses
    grant funds in compliance with the
    requirements of this section and the
    overall purpose of the Pilot Program;
    and
    (II) prevent waste, fraud, and abuse
    in the operation of the Pilot Program;
    (vi) provide that not less than 40 percent of
    the amount of the grants made under the Pilot
    Program are made to Historically Black colleges or
    universities; and
    (vii) provide that not less than 20 percent of
    the amount of the grants made under the Pilot
    Program are made to eligible recipients described
    in subparagraphs (A), (B), and (C) of subsection
    (a)(8) to provide

    [[Page 2127]]

    broadband internet access service or eligible
    equipment to students of those eligible
    recipients.
    (2) Fund.--
    (A) Establishment.--There is established in the
    Treasury of the United States a fund to be known as the
    Connecting Minority Communities Fund.
    (B) Use of fund.--Amounts in the Connecting Minority
    Communities Fund established under subparagraph (A)
    shall be available to the Assistant Secretary to provide
    support under the rules promulgated under paragraph (1).
    (3) Interagency coordination.--When making grants under the
    Pilot Program, the Assistant Secretary shall coordinate with
    other Federal agencies, including the Commission, the National
    Science Foundation, and the Department of Education, to ensure
    the efficient expenditure of Federal funds, including by
    preventing multiple expenditures of Federal funds for the same
    purpose.
    (4) Audits.--
    (A) In general.--For each of fiscal years 2021 and
    2022, the Inspector General of the Department of
    Commerce shall conduct an audit of the Pilot Program
    according to the requirements established under
    paragraph (1)(B)(v).
    (B) Report.--After completing each audit conducted
    under subparagraph (A), the Inspector General of the
    Department of Commerce shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and
    the Committee on Energy and Commerce of the House of
    Representatives a report that details the findings of
    the audit.
    (5) Direct appropriation.--There is appropriated, out of
    amounts in the Treasury not otherwise appropriated, for the
    fiscal year ending September 30, 2021, to remain available until
    expended, $285,000,000 to the Connecting Minority Communities
    Fund established under paragraph (2).
    (6) Termination.--Except with respect to the report required
    under paragraph (7) and the authority of the Secretary of
    Commerce and the Inspector General of the Department of Commerce
    described in paragraph (8), the Pilot Program, including all
    reporting requirements under this section, shall terminate on
    the date on which the amounts made available to carry out the
    Pilot Program are fully expended.
    (7) <>  Report.--Not later than 90 days
    after the date on which the Pilot Program terminates under
    paragraph (6), the Assistant Secretary, after consulting with
    eligible recipients that received grants under the Pilot
    Program, shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Energy and
    Commerce of the House of Representatives a report that--
    (A) describes the manner in which the Pilot Program
    was carried out;
    (B) identifies each eligible recipient that received
    a grant under the Pilot Program; and
    (C) contains information regarding the effectiveness
    of the Pilot Program, including lessons learned in
    carrying out the Pilot Program and recommendations for
    future action.

    [[Page 2128]]

    (8) Savings provision.--The termination of the Pilot Program
    under paragraph (6) shall not limit, alter, or affect the
    ability of the Secretary of Commerce or the Inspector General of
    the Department of Commerce to--
    (A) investigate waste, fraud, and abuse with respect
    to the Pilot Program; or
    (B) recover funds that are misused under the Pilot
    Program.
    SEC. 903. <>  FCC COVID-19 TELEHEALTH
    PROGRAM.

    (a) Definitions.--In this section--
    (1) the term ``appropriate congressional committees''
    means--
    (A) the Committee on Commerce, Science, and
    Transportation of the Senate; and
    (B) the Committee on Energy and Commerce of the
    House of Representatives;
    (2) the term ``Commission'' means the Federal Communications
    Commission; and
    (3) the term ``COVID-19 Telehealth Program'' or ``Program''
    means the COVID-19 Telehealth Program established by the
    Commission under the authority provided under the heading
    ``salaries and expenses'' under the heading ``Federal
    Communications Commission'' under the heading ``INDEPENDENT
    AGENCIES'' in title V of division B of the CARES Act (Public Law
    116-136; 134 Stat. 531).

    (b) <> Additional Appropriation.--Out of
    amounts in the Treasury not otherwise appropriated, there is
    appropriated $249,950,000 in additional funds for the COVID-19
    Telehealth Program, of which $50,000 shall be transferred by the
    Commission to the Inspector General of the Commission for oversight of
    the COVID-19 Telehealth Program.

    (c) Administrative Provisions.--
    (1) Evaluation of applications.--
    (A) <>  Public
    notice.--Not later than 10 days after the date of
    enactment of this Act, the Commission shall issue a
    Public Notice establishing a 10-day period during which
    the Commission will seek comments on--
    (i) the metrics the Commission should use to
    evaluate applications for funding under this
    section; and
    (ii) how the Commission should treat
    applications filed during the funding rounds for
    awards from the COVID-19 Telehealth Program using
    amounts appropriated under the CARES Act (Public
    Law 116-36; 134 Stat. 281).
    (B) <>  Congressional notice.--
    After the end of the comment period under subparagraph
    (A), and not later than 15 days before the Commission
    first commits funds under this section, the Commission
    shall provide notice to the appropriate congressional
    committees of the metrics the Commission plans to use to
    evaluate applications for those funds.
    (2) Equitable distribution.--To the extent feasible, the
    Commission shall ensure, in providing assistance under the
    COVID-19 Telehealth Program from amounts made available under
    subsection (b), that not less than 1 applicant in each

    [[Page 2129]]

    of the 50 States and the District of Columbia has received
    funding from the Program since the inception of the Program,
    unless there is no such applicant eligible for such assistance
    in a State or in the District of Columbia, as the case may be.
    (3) Previous applicants.--The Commission shall allow an
    applicant who filed an application during the funding rounds for
    awards from the COVID-19 Telehealth Program using amounts
    appropriated under the CARES Act (Public Law 116-36; 134 Stat.
    281) the opportunity to update or amend that application as
    necessary.
    (4) Information.--To the extent feasible, the Commission
    shall provide each applicant for funding from the COVID-19
    Telehealth Program, if requested, with--
    (A) information on the status of the application;
    and
    (B) a rationale for the final funding decision for
    the application, after making that decision.
    (5) Denial.--If the Commission chooses to deny an
    application for funding from the COVID-19 Telehealth Program,
    the Commission shall--
    (A) <>  issue notice to the applicant
    of the intent of the Commission to deny the application
    and the grounds for that decision;
    (B) <>  provide the applicant with
    10 days to submit any supplementary information that the
    applicant determines relevant; and
    (C) consider any supplementary information submitted
    under subparagraph (B) in making any final decision with
    respect to the application.

    (d) Report to Congress.--Not later than 90 days after the date of
    enactment of this Act, and every 30 days thereafter until all funds made
    available under this section have been expended, the Commission shall
    submit to the appropriate congressional committees a report on the
    distribution of funds appropriated for the COVID-19 Telehealth Program
    under the CARES Act (Public Law 116-36; 134 Stat. 281) or under this
    section, which shall include--
    (1) non-identifiable and aggregated data on deficient and
    rejected applications;
    (2) non-identifiable and aggregated data on applications for
    which no award determination was made;
    (3) information on the total number of applicants;
    (4) information on the total dollar amount of requests for
    awards made under this section; and
    (5) information on applicant outreach and technical
    assistance.

    (e) Paperwork Reduction Act Requirements.--A collection of
    information conducted or sponsored under any regulations required to
    implement this section shall not constitute a collection of information
    for the purposes of subchapter I of chapter 35 of title 44, United
    States Code (commonly referred to as the ``Paperwork Reduction Act'').
    SEC. 904. <>  BENEFIT FOR BROADBAND
    SERVICE DURING EMERGENCY PERIOD RELATING
    TO COVID-19.

    (a) Definitions.--In this section:

    [[Page 2130]]

    (1) Broadband internet access service.--The term ``broadband
    internet access service'' has the meaning given such term in
    section 8.1(b) of title 47, Code of Federal Regulations, or any
    successor regulation.
    (2) Broadband provider.--The term ``broadband provider''
    means a provider of broadband internet access service.
    (3) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (4) Connected device.--The term ``connected device'' means a
    laptop or desktop computer or a tablet.
    (5) Designated as an eligible telecommunications carrier.--
    The term ``designated as an eligible telecommunications
    carrier'', with respect to a broadband provider, means the
    broadband provider is designated as an eligible
    telecommunications carrier under section 214(e) of the
    Communications Act of 1934 (47 U.S.C. 214(e)).
    (6) Eligible household.--The term ``eligible household''
    means, regardless of whether the household or any member of the
    household receives support under subpart E of part 54 of title
    47, Code of Federal Regulations (or any successor regulation),
    and regardless of whether any member of the household has any
    past or present arrearages with a broadband provider, a
    household in which--
    (A) at least one member of the household meets the
    qualifications in subsection (a) or (b) of section
    54.409 of title 47, Code of Federal Regulations (or any
    successor regulation);
    (B) at least one member of the household has applied
    for and been approved to receive benefits under the free
    and reduced price lunch program under the Richard B.
    Russell National School Lunch Act (42 U.S.C. 1751 et
    seq.) or the school breakfast program under section 4 of
    the Child Nutrition Act of 1966 (42 U.S.C. 1773);
    (C) at least one member of the household has
    experienced a substantial loss of income since February
    29, 2020, that is documented by layoff or furlough
    notice, application for unemployment insurance benefits,
    or similar documentation or that is otherwise verifiable
    through the National Verifier or National Lifeline
    Accountability Database;
    (D) at least one member of the household has
    received a Federal Pell Grant under section 401 of the
    Higher Education Act of 1965 (20 U.S.C. 1070a) in the
    current award year, if such award is verifiable through
    the National Verifier or National Lifeline
    Accountability Database or the participating provider
    verifies eligibility under subsection (a)(2)(B); or
    (E) at least one member of the household meets the
    eligibility criteria for a participating provider's
    existing low-income or COVID-19 program, subject to the
    requirements of subsection (a)(2)(B) and any other
    eligibility requirements the Commission may consider
    necessary for the public interest.
    (7) Emergency broadband benefit.--The term ``emergency
    broadband benefit'' means a monthly discount for an eligible
    household applied to the actual amount charged to such
    household, which shall be no more than the standard

    [[Page 2131]]

    rate for an internet service offering and associated equipment,
    in an amount equal to such amount charged, but not more than
    $50, or, if an internet service offering is provided to an
    eligible household on Tribal land, not more than $75.
    (8) Emergency period.--The term ``emergency period'' means
    the period that--
    (A) begins on the date of the enactment of this Act;
    and
    (B) ends on the date that is 6 months after the date
    on which the determination by the Secretary of Health
    and Human Services pursuant to section 319 of the Public
    Health Service Act (42 U.S.C. 247d) that a public health
    emergency exists as a result of COVID-19, including any
    renewal thereof, terminates.
    (9) Internet service offering.--The term ``internet service
    offering'' means, with respect to a broadband provider,
    broadband internet access service provided by such provider to a
    household, offered in the same manner, and on the same terms, as
    described in any of such provider's offerings for broadband
    internet access service to such household, as on December 1,
    2020.
    (10) National lifeline accountability database.--The term
    ``National Lifeline Accountability Database'' has the meaning
    given such term in section 54.400 of title 47, Code of Federal
    Regulations (or any successor regulation).
    (11) National verifier.--The term ``National Verifier'' has
    the meaning given such term in section 54.400 of title 47, Code
    of Federal Regulations, or any successor regulation.
    (12) Participating provider.--The term ``participating
    provider'' means a broadband provider that--
    (A)(i) is designated as an eligible
    telecommunications carrier; or
    (ii) meets requirements established by the
    Commission for participation in the Emergency Broadband
    Benefit Program and is approved by the Commission under
    subsection (d)(2); and
    (B) elects to participate in the Emergency Broadband
    Benefit Program.
    (13) Standard rate.--The term ``standard rate'' means the
    monthly retail rate for the applicable tier of broadband
    internet access service as of December 1, 2020, excluding any
    taxes or other governmental fees.

    (b) Emergency Broadband Benefit Program.--
    (1) Establishment.--The Commission shall establish a
    program, to be known as the ``Emergency Broadband Benefit
    Program'', under which the Commission shall, in accordance with
    this section, reimburse, using funds from the Emergency
    Broadband Connectivity Fund established in subsection (i), a
    participating provider for an emergency broadband benefit, or an
    emergency broadband benefit and a connected device, provided to
    an eligible household during the emergency period.
    (2) Verification of eligibility.--To verify whether a
    household is an eligible household, a participating provider
    shall--
    (A) use the National Verifier or National Lifeline
    Accountability Database;

    [[Page 2132]]

    (B) rely upon an alternative verification process of
    the participating provider, if--
    (i) the participating provider submits
    information as required by the Commission
    regarding the alternative verification process
    prior to seeking reimbursement; and
    (ii) <>  not later than 7
    days after receiving the information required
    under clause (i), the Commission--
    (I) <>
    determines that the alternative
    verification process will be sufficient
    to avoid waste, fraud, and abuse; and
    (II) <>
    notifies the participating provider of
    the determination under subclause (I);
    or
    (C) rely on a school to verify the eligibility of a
    household based on the participation of the household in
    the free and reduced price lunch program or the school
    breakfast program described in subsection (a)(6)(B).
    (3) Use of national verifier and national lifeline
    accountability database.--The Commission shall--
    (A) expedite the ability of all participating
    providers to access the National Verifier and National
    Lifeline Accountability Database for purposes of
    determining whether a household is an eligible
    household, without regard to whether a participating
    provider is designated as an eligible telecommunications
    carrier; and
    (B) <>  ensure that
    the National Verifier and National Lifeline
    Accountability Database approve an eligible household to
    receive the emergency broadband benefit not later than 2
    days after the date of the submission of information
    necessary to determine if such household is an eligible
    household.
    (4) Reimbursement.--From the Emergency Broadband
    Connectivity Fund established in subsection (i), the Commission
    shall reimburse a participating provider in an amount equal to
    the emergency broadband benefit with respect to an eligible
    household that receives such benefit from such participating
    provider during the emergency period.
    (5) Reimbursement for connected device.--A participating
    provider that, during the emergency period, in addition to
    providing the emergency broadband benefit to an eligible
    household, supplies such household with a connected device may
    be reimbursed up to $100 from the Emergency Broadband
    Connectivity Fund established in subsection (i) for such
    connected device, if the charge to such eligible household is
    more than $10 but less than $50 for such connected device,
    except that a participating provider may receive reimbursement
    for no more than 1 connected device per eligible household.
    (6) Certification required.--To receive a reimbursement
    under paragraph (4) or (5), a participating provider shall
    certify to the Commission the following:
    (A) That the amount for which the participating
    provider is seeking reimbursement from the Emergency
    Broadband Connectivity Fund established in subsection
    (i) for providing an internet service offering to an
    eligible household is not more than the standard rate.

    [[Page 2133]]

    (B) That each eligible household for which the
    participating provider is seeking reimbursement for
    providing an internet service offering discounted by the
    emergency broadband benefit--
    (i) has not been and will not be charged--
    (I) for such offering, if the
    standard rate for such offering is less
    than or equal to the amount of the
    emergency broadband benefit for such
    household; or
    (II) more for such offering than the
    difference between the standard rate for
    such offering and the amount of the
    emergency broadband benefit for such
    household;
    (ii) will not be required to pay an early
    termination fee if such eligible household elects
    to enter into a contract to receive such internet
    service offering if such household later
    terminates such contract;
    (iii) was not, after the date of the enactment
    of this Act, subject to a mandatory waiting period
    for such internet service offering based on having
    previously received broadband internet access
    service from such participating provider; and
    (iv) will otherwise be subject to the
    participating provider's generally applicable
    terms and conditions as applied to other
    customers.
    (C) That each eligible household for which the
    participating provider is seeking reimbursement for
    supplying such household with a connected device has not
    been and will not be charged $10 or less or $50 or more
    for such device.
    (D) A description of the process used by the
    participating provider to verify that a household is an
    eligible household, if the provider elects an
    alternative verification process under paragraph (2)(B),
    and that such verification process was designed to avoid
    waste, fraud, and abuse.
    (7) Audit requirements.--The Commission shall adopt audit
    requirements to ensure that participating providers are in
    compliance with the requirements of this section and to prevent
    waste, fraud, and abuse in the Emergency Broadband Benefit
    Program. A finding of waste, fraud, or abuse or an improper
    payment (as such term is defined in section 2(d) of the Improper
    Payments Information Act of 2002 (31 U.S.C. 3321 note))
    identified by the Commission or the Inspector General of the
    Commission shall include the following:
    (A) The name of the participating provider.
    (B) The amount of funding made available from the
    Emergency Broadband Connectivity Fund to the
    participating provider.
    (C) The amount of funding determined to be an
    improper payment to a participating provider.
    (D) A description of to what extent funding made
    available from the Emergency Broadband Connectivity Fund
    that was an improper payment was used for a
    reimbursement for a connected device or a reimbursement
    for an internet service offering.
    (E) Whether, in the case of a connected device, such
    device, or the value thereof, has been recovered.

    [[Page 2134]]

    (F) Whether any funding from the Emergency Broadband
    Connectivity Fund was made available to a participating
    provider for an emergency broadband benefit for a person
    outside the eligible household.
    (G) Whether any funding from the Emergency Broadband
    Connectivity Fund was made available to reimburse a
    participating provider for an emergency broadband
    benefit made available to an eligible household in which
    all members of such household necessary to satisfy the
    eligibility requirements described in subsection (a)(6)
    were deceased.
    (8) <>  Random audit required.--Not later
    than 1 year after the date of the enactment of this Act, the
    Inspector General of the Commission shall conduct an audit of a
    representative sample of participating providers receiving
    reimbursements under the Emergency Broadband Benefit Program.
    (9) <>  Notification of audit findings.--
    Not later than 7 days after a finding made by the Commission
    under the requirements of paragraph (7), the Commission shall
    notify the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate with any information described in
    such paragraph that the Commission has obtained.
    (10) Expiration of program.--At the conclusion of the
    Emergency Broadband Benefit Program, any participating eligible
    households shall be subject to a participating provider's
    generally applicable terms and conditions.

    (c) Regulations Required.--
    (1) <>  In general.--Not later than 60 days
    after the date of the enactment of this Act, the Commission
    shall promulgate regulations to implement this section.
    (2) Comment periods.--As part of the rulemaking under
    paragraph (1), the Commission shall--
    (A) provide a 20-day public comment period that
    begins not later than 5 days after the date of the
    enactment of this Act;
    (B) provide a 20-day public reply comment period
    that immediately follows the period under subparagraph
    (A); and
    (C) during the comment periods under subparagraphs
    (A) and (B), seek comment on--
    (i) the provision of assistance from the
    Emergency Broadband Connectivity Fund established
    in subsection (i) consistent with this section;
    and
    (ii) other related matters.

    (d) Eligibility of Providers.--
    (1) Relation to eligible telecommunications carrier
    designation.--The Commission may not require a broadband
    provider to be designated as an eligible telecommunications
    carrier in order to be a participating provider.
    (2) Expedited approval process.--
    (A) In general.--The Commission shall establish an
    expedited process by which the Commission approves as
    participating providers broadband providers that are not
    designated as eligible telecommunications carriers and
    elect to participate in the Emergency Broadband Benefit
    Program.

    [[Page 2135]]

    (B) Exception.--Notwithstanding subparagraph (A),
    the Commission shall automatically approve as a
    participating provider a broadband provider that has an
    established program as of April 1, 2020, that is widely
    available and offers internet service offerings to
    eligible households and maintains verification processes
    that are sufficient to avoid fraud, waste, and abuse.

    (e) Rule of Construction.--Nothing in this section shall affect the
    collection, distribution, or administration of the Lifeline Assistance
    Program governed by the rules set forth in subpart E of part 54 of title
    47, Code of Federal Regulations (or any successor regulation).
    (f) Part 54 Regulations.--Nothing in this section shall be construed
    to prevent the Commission from providing that the regulations in part 54
    of title 47, Code of Federal Regulations, or any successor regulation,
    shall apply in whole or in part to the Emergency Broadband Benefit
    Program, shall not apply in whole or in part to such Program, or shall
    be modified in whole or in part for purposes of application to such
    Program.
    (g) Enforcement.--A violation of this section or a regulation
    promulgated under this section shall be treated as a violation of the
    Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation
    promulgated under such Act. The Commission shall enforce this section
    and the regulations promulgated under this section in the same manner,
    by the same means, and with the same jurisdiction, powers, and duties as
    though all applicable terms and provisions of the Communications Act of
    1934 were incorporated into and made a part of this section.
    (h) Exemptions.--
    (1) Certain rulemaking requirements.--Section 553 of title
    5, United States Code, shall not apply to a regulation
    promulgated under subsection (c) or a rulemaking proceeding to
    promulgate such a regulation.
    (2) Paperwork reduction act requirements.--A collection of
    information conducted or sponsored under the regulations
    required by subsection (c) shall not constitute a collection of
    information for the purposes of subchapter I of chapter 35 of
    title 44, United States Code (commonly referred to as the
    Paperwork Reduction Act).

    (i) Emergency Broadband Connectivity Fund.--
    (1) Establishment.--There is established in the Treasury of
    the United States a fund to be known as the Emergency Broadband
    Connectivity Fund.
    (2) Appropriation.--There is appropriated to the Emergency
    Broadband Connectivity Fund, out of any money in the Treasury
    not otherwise appropriated, $3,200,000,000 for fiscal year 2021,
    to remain available until expended.
    (3) Use of funds.--Amounts in the Emergency Broadband
    Connectivity Fund shall be available to the Commission for
    reimbursements to participating providers under this section,
    and the Commission may use not more than 2 percent of such
    amounts to administer the Emergency Broadband Benefit Program.
    (4) Relationship to universal service contributions.--
    Reimbursements provided under this section shall be provided
    from amounts made available under this subsection and not

    [[Page 2136]]

    from contributions under section 254(d) of the Communications
    Act of 1934 (47 U.S.C. 254(d)).
    (5) Use of universal service administrative company
    permitted.--The Commission shall have the authority to avail
    itself of the services of the Universal Service Administrative
    Company to implement the Emergency Broadband Benefit Program,
    including developing and processing reimbursements and
    distributing funds to participating providers.

    (j) Safe Harbor.--The Commission may not enforce a violation of this
    section under section 501, 502, or 503 of the Communications Act of 1934
    (47 U.S.C. 501; 502; 503), or any rules of the Commission promulgated
    under such sections of such Act, if a participating provider
    demonstrates to the Commission that such provider relied in good faith
    on information provided to such provider to make the verification
    required by subsection (b)(2).
    SEC. 905. <>  GRANTS FOR BROADBAND
    CONNECTIVITY.

    (a) Definitions.--In this section:
    (1) Assistant secretary.--The term ``Assistant Secretary''
    means the Assistant Secretary of Commerce for Communications and
    Information.
    (2) Broadband or broadband service.--The term ``broadband''
    or ``broadband service'' has the meaning given the term
    ``broadband internet access service'' in section 8.1(b) of title
    47, Code of Federal Regulations, or any successor regulation.
    (3) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (4) Covered broadband project.--The term ``covered broadband
    project'' means a competitively and technologically neutral
    project for the deployment of fixed broadband service that
    provides qualifying broadband service in an eligible service
    area.
    (5) Covered partnership.--The term ``covered partnership''
    means a partnership between--
    (A) a State, or 1 or more political subdivisions of
    a State; and
    (B) a provider of fixed broadband service.
    (6) Department.--The term ``Department'' means the
    Department of Commerce.
    (7) Eligible service area.--The term ``eligible service
    area'' means a census block in which broadband service is not
    available at 1 or more households or businesses in the census
    block, as determined by the Assistant Secretary on the basis
    of--
    (A) the maps created under section 802(c)(1) of the
    Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
    (B) if the maps described in subparagraph (A) are
    not available, the most recent information available to
    the Assistant Secretary, including information provided
    by the Commission.
    (8) Eligible entity.--The term ``eligible entity'' means--
    (A) a Tribal Government;
    (B) a Tribal College or University;
    (C) the Department of Hawaiian Home Lands on behalf
    of the Native Hawaiian Community, including Native
    Hawaiian Education Programs;

    [[Page 2137]]

    (D) a Tribal organization; or
    (E) a Native Corporation.
    (9) Native corporation.--The term ``Native Corporation'' has
    the meaning given the term in section 3 of the Alaska Native
    Claims Settlement Act (43 U.S.C. 1602).
    (10) Native hawaiian.--The term ``Native Hawaiian'' has the
    meaning given the term in section 801 of the Native American
    Housing Assistance and Self-Determination Act of 1996 (25 U.S.C.
    4221).
    (11) Qualifying broadband service.--The term ``qualifying
    broadband service'' means broadband service with--
    (A) a download speed of not less than 25 megabits
    per second;
    (B) an upload speed of not less than 3 megabits per
    second; and
    (C) a latency sufficient to support real-time,
    interactive applications.
    (12) Tribal government.--The term ``Tribal Government''
    means the governing body of any Indian or Alaska Native Tribe,
    band, nation, pueblo, village, community, component band, or
    component reservation, individually recognized (including
    parenthetically) in the list published most recently as of the
    date of enactment of this Act pursuant to section 104 of the
    Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
    5131).
    (13) Tribal land.--The term ``Tribal land'' means--
    (A) any land located within the boundaries of--
    (i) an Indian reservation, pueblo, or
    rancheria; or
    (ii) a former reservation within Oklahoma;
    (B) any land not located within the boundaries of an
    Indian reservation, pueblo, or rancheria, the title to
    which is held--
    (i) in trust by the United States for the
    benefit of an Indian Tribe or an individual
    Indian;
    (ii) by an Indian Tribe or an individual
    Indian, subject to restriction against alienation
    under laws of the United States; or
    (iii) by a dependent Indian community;
    (C) any land located within a region established
    pursuant to section 7(a) of the Alaska Native Claims
    Settlement Act (43 U.S.C. 1606(a));
    (D) Hawaiian Home Lands, as defined in section 801
    of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4221); or
    (E) those areas or communities designated by the
    Assistant Secretary of Indian Affairs of the Department
    of the Interior that are near, adjacent, or contiguous
    to reservations where financial assistance and social
    service programs are provided to Indians because of
    their status as Indians.
    (14) Unserved.--The term ``unserved'', with respect to a
    household, means--
    (A) the household lacks access to qualifying
    broadband service; and
    (B) no broadband provider has been selected to
    receive, or is otherwise receiving, Federal or State
    funding subject to enforceable build out commitments to
    deploy qualifying

    [[Page 2138]]

    broadband service in the specific area where the
    household is located by dates certain, even if such
    service is not yet available, provided that the Federal
    or State agency providing the funding has not deemed the
    service provider to be in default of its buildout
    obligations under the applicable Federal or State
    program.

    (b) Direct Appropriation.--There is appropriated to the Assistant
    Secretary, out of amounts in the Treasury not otherwise appropriated,
    for the fiscal year ending September 30, 2021, to remain available until
    expended--
    (1) $1,000,000,000 for grants under subsection (c); and
    (2) $300,000,000 for grants under subsection (d).

    (c) Tribal Broadband Connectivity Program.--
    (1) Tribal broadband connectivity grants.--The Assistant
    Secretary shall use the funds made available under subsection
    (b)(1) to implement a program to make grants to eligible
    entities to expand access to and adoption of--
    (A) broadband service on Tribal land; or
    (B) remote learning, telework, or telehealth
    resources during the COVID-19 pandemic.
    (2) Grants.--From the amounts appropriated under subsection
    (b)(1), the Assistant Secretary shall award a grant to each
    eligible entity that submits an application that the Assistant
    Secretary approves after consultation with the Commission to
    prevent duplication of funding.
    (3) Allocations.--
    (A) Equitable distribution.--The amounts
    appropriated under subsection (b)(1) shall be made
    available to eligible entities on an equitable basis,
    and not less than 3 percent of those amounts shall be
    made available for the benefit of Native Hawaiians.
    (B) Administrative expenses of assistant
    secretary.--The Assistant Secretary may use not more
    than 2 percent of amounts appropriated under subsection
    (b)(1) for administrative purposes, including the
    provision of technical assistance to Tribal Governments
    to help those Governments take advantage of the program
    established under this subsection.
    (4) Use of grant funds.--
    (A) Commitment deadline.--
    (i) In general.--Not later than 180 days after
    receiving grant funds under this subsection, an
    eligible entity shall commit the funds in
    accordance with the approved application of the
    entity.
    (ii) Reversion of funds.--Any grant funds not
    committed by an eligible entity by the deadline
    under clause (i) shall revert to the general fund
    of the Treasury.
    (B) Expenditure deadline.--
    (i) In general.--Not later than 1 year after
    receiving grant funds under this subsection, an
    eligible entity shall expend the grant funds.
    (ii) Extensions for infrastructure projects.--
    The Assistant Secretary <>
    may extend the period under clause (i) for an
    eligible entity that proposes to use the grant
    funds for construction of broadband infrastructure
    if the eligible entity certifies that--

    [[Page 2139]]

    (I) the eligible entity has a plan
    for use of the grant funds;
    (II) the construction project is
    underway; or
    (III) extenuating circumstances
    require an extension of time to allow
    the project to be completed.
    (iii) Reversion of funds.--Any grant funds not
    expended by an eligible entity by the deadline
    under clause (i) shall be made available to other
    eligible entities for the purposes provided in
    this subsection.
    (5) Eligible uses.--An eligible entity may use grant funds
    made available under this subsection for--
    (A) broadband infrastructure deployment, including
    support for the establishment of carrier-neutral
    submarine cable landing stations;
    (B) affordable broadband programs, including--
    (i) providing free or reduced-cost broadband
    service; and
    (ii) preventing disconnection of existing
    broadband service;
    (C) distance learning;
    (D) telehealth;
    (E) digital inclusion efforts; and
    (F) broadband adoption activities.
    (6) Administrative expenses of eligible entities.--An
    eligible entity may use not more than 2 percent of grant funds
    received under this subsection for administrative purposes.
    (7) Subgrantees.--
    (A) In general.--An eligible entity may enter into a
    contract with a subgrantee, including a non-Tribal
    entity, as part of its use of grant funds pursuant to
    this subsection.
    (B) Requirements.--An eligible entity that enters
    into a contract with a subgrantee for use of grant funds
    received under this subsection shall--
    (i) before entering into the contract, after a
    reasonable investigation, make a determination
    that the subgrantee--
    (I) is capable of carrying out the
    project for which grant funds will be
    provided in a competent manner in
    compliance with all applicable laws;
    (II) has the financial capacity to
    meet the obligations of the project and
    the requirements of this subsection; and
    (III) has the technical and
    operational capability to carry out the
    project; and
    (ii) stipulate in the contract reasonable
    provisions for recovery of funds for
    nonperformance.
    (8) Broadband infrastructure deployment.--In using grant
    funds received under this subsection for new construction of
    broadband infrastructure, an eligible entity shall prioritize
    projects that deploy broadband infrastructure to unserved
    households.

    (d) Broadband Infrastructure Program.--
    (1) Broadband infrastructure deployment grants.--The
    Assistant Secretary shall use the funds made available under
    subsection (b)(2) to implement a program under which

    [[Page 2140]]

    the Assistant Secretary makes grants on a competitive basis to
    covered partnerships for covered broadband projects.
    (2) Mapping.--
    (A) Data from commission.--Not less frequently than
    annually, the Commission shall, through the process
    established under section 802(b)(7)) of the
    Communications Act of 1934 (47 U.S.C. 642(b)(7)),
    provide the Assistant Secretary any data collected by
    the Commission pursuant to title VIII of that Act (47
    U.S.C. 641 et seq.).
    (B) Use by assistant secretary.--The Assistant
    Secretary shall rely on the data provided under
    subparagraph (A) in carrying out this subsection to the
    greatest extent practicable.
    (3) Eligibility requirements.--To be eligible for a grant
    under this subsection, a covered partnership shall submit an
    application at such time, in such manner, and containing such
    information as the Assistant Secretary may require, which
    application shall, at a minimum, include a description of--
    (A) the covered partnership;
    (B) the covered broadband project to be funded by
    the grant, including--
    (i) the speed or speeds at which the covered
    partnership plans to offer broadband service; and
    (ii) the cost of the project;
    (C) the area to be served by the covered broadband
    project (in this paragraph referred to as the ``proposed
    service area'');
    (D) any support provided to the provider of
    broadband service that is part of the covered
    partnership through--
    (i) any grant, loan, or loan guarantee
    provided by a State to the provider of broadband
    service for the deployment of broadband service in
    the proposed service area;
    (ii) any grant, loan, or loan guarantee with
    respect to the proposed service area provided by
    the Secretary of Agriculture--
    (I) under title VI of the Rural
    Electrification Act of 1936 (7 U.S.C.
    950bb et seq.), including--
    (aa) any program to provide
    grants, loans, or loan
    guarantees under sections 601
    through 603 of that Act (7
    U.S.C. 950bb et seq.); and
    (bb) the Community Connect
    Grant Program established under
    section 604 of that Act (7
    U.S.C. 950bb-3); or
    (II) the broadband loan and grant
    pilot program known as the ``Rural
    eConnectivity Pilot Program'' or the
    ``ReConnect Program'' authorized under
    section 779 of division A of the
    Consolidated Appropriations Act, 2018
    (Public Law 115-141; 132 Stat. 348);
    (iii) any high-cost universal service support
    provided under section 254 of the Communications
    Act of 1934 (47 U.S.C. 254);
    (iv) any grant provided under section 6001 of
    the American Recovery and Reinvestment Act of 2009
    (47 U.S.C. 1305);

    [[Page 2141]]

    (v) amounts made available for the Education
    Stabilization Fund under the heading ``DEPARTMENT
    OF EDUCATION'' in title VIII of division B of the
    CARES Act (Public Law 116-136; 134 Stat. 564); or
    (vi) any other grant, loan, or loan guarantee
    provided by the Federal Government for the
    provision of broadband service.
    (4) Priority.--In awarding grants under this subsection, the
    Assistant Secretary shall give priority to applications for
    covered broadband projects as follows, in decreasing order of
    priority:
    (A) Covered broadband projects designed to provide
    broadband service to the greatest number of households
    in an eligible service area.
    (B) Covered broadband projects designed to provide
    broadband service in an eligible service area that is
    wholly within any area other than--
    (i) a county, city, or town that has a
    population of more than 50,000 inhabitants; and
    (ii) the urbanized area contiguous and
    adjacent to a city or town described in clause
    (i).
    (C) Covered broadband projects that are the most
    cost-effective, prioritizing such projects in areas that
    are the most rural.
    (D) Covered broadband projects designed to provide
    broadband service with a download speed of not less than
    100 megabits per second and an upload speed of not less
    than 20 megabits per second.
    (E) Any other covered broadband project that meets
    the requirements of this subsection.
    (5) Expenditure deadline.--
    (A) In general.--Not later than 1 year after
    receiving grant funds under this subsection, a covered
    partnership shall expend the grant funds.
    (B) Extensions.--The Assistant Secretary may extend
    the period under subparagraph (A) for a covered
    partnership that proposes to use the grant funds for
    construction of broadband infrastructure if the covered
    partnership certifies that--
    (i) the covered partnership has a plan for use
    of the grant funds;
    (ii) the construction project is underway; or
    (iii) extenuating circumstances require an
    extension of time to allow the project to be
    completed.
    (C) Reversion of funds.--Any grant funds not
    expended by an covered partnership by the deadline under
    subparagraph (A) shall be made available to other
    covered partnerships for the purposes provided in this
    subsection.
    (6) Grant conditions.--
    (A) Prohibitions.--As a condition of receiving a
    grant under this subsection, the Assistant Secretary
    shall prohibit a provider of broadband service that is
    part of a covered partnership receiving the grant--
    (i) from using the grant amounts to repay, or
    make any other payment relating to, a loan made by
    any public or private lender;

    [[Page 2142]]

    (ii) from using grant amounts as collateral
    for a loan made by any public or private lender;
    and
    (iii) from using more than $50,000 of the
    grant amounts to pay for the preparation of the
    grant.
    (B) Nondiscrimination.--The Assistant Secretary may
    not require a provider of broadband service that is part
    of a covered partnership to be designated as an eligible
    telecommunications carrier pursuant to section 214(e) of
    the Communications Act of 1934 (47 U.S.C. 214(e)) to be
    eligible to receive a grant under this subsection or as
    a condition of receiving a grant under this subsection.

    (e) Implementation.--
    (1) <> Requirements; outreach.--Not
    earlier than 30 days, and not later than 60 days, after the date
    of enactment of this Act, the Assistant Secretary shall--
    (A) <>  issue a notice inviting
    eligible entities and covered partnerships to submit
    applications for grants under this section, which shall
    contain details about how awarding decisions will be
    made; and
    (B) outline--
    (i) the requirements for applications for
    grants under this section; and
    (ii) the allowed uses of grant funds awarded
    under this section.
    (2) Applications.--
    (A) <> Submission.--During the
    90-day period beginning on the date on which the
    Assistant Secretary issues the notice under paragraph
    (1), an eligible entity or covered partnership may
    submit an application for a grant under this section.
    (B) <>  Processing.--
    (i) In general.--Not later than 90 days after
    receiving an application under subparagraph (A),
    the Assistant Secretary shall approve or deny the
    application.
    (ii) Denial.--The Assistant Secretary may deny
    an application submitted under subparagraph (A)
    only if--
    (I) the Assistant Secretary provides
    the applicant an opportunity to cure any
    defects in the application; and
    (II) after receiving the opportunity
    under subclause (I), the applicant still
    fails to meet the requirements of this
    section.
    (C) Single application.--An eligible entity or
    covered partnership may submit only 1 application under
    this paragraph.
    (D) Proposed use of funds.--An application submitted
    by an eligible entity or a covered partnership under
    this paragraph shall describe each proposed use of grant
    funds.
    (E) <>  Allocation of funds.--Not
    later than 14 days after approving an application for a
    grant under this paragraph, the Assistant Secretary
    shall allocate the grant funds to the eligible entity or
    covered partnership.
    (F) Treatment of unallocated funds.--

    [[Page 2143]]

    (i) In general.--If an eligible entity or
    covered partnership does not submit an application
    by the deadline under subparagraph (A), or the
    Assistant Secretary does not approve an
    application submitted by an eligible entity or a
    covered partnership under that subparagraph, the
    Assistant Secretary shall make the amounts
    allocated for, as applicable--
    (I) the eligible entity under
    subsection (c) available to other
    eligible entities on an equitable basis;
    or
    (II) the covered partnership under
    subsection (d) to other covered
    partnerships.
    (ii) <>  Second process.--The
    Assistant Secretary shall initiate a second notice
    and application process described in this
    subsection to reallocate any funds made available
    to other eligible entities or covered partnerships
    under clause (i).
    (3) Transparency, accountability, and oversight required.--
    In <> implementing this section, the Assistant
    Secretary shall adopt measures, including audit requirements,
    to--
    (A) ensure sufficient transparency, accountability,
    and oversight to provide the public with information
    regarding the award and use of grant funds under this
    section;
    (B) ensure that a recipient of a grant under this
    section uses the grant funds in compliance with the
    requirements of this section and the overall purpose of
    the applicable grant program under this section; and
    (C) deter waste, fraud, and abuse of grant funds.
    (4) Prohibition on use for covered communications equipment
    or services.--An eligible entity or covered partnership may not
    use grant funds received under this section to purchase or
    support any covered communications equipment or service (as
    defined in section 9 of the Secure and Trusted Communications
    Networks Act of 2019 (47 U.S.C. 1608)).
    (5) <>  Unauthorized use of funds.--To
    the extent that the Assistant Secretary or the Inspector General
    of the Department determines that an eligible entity or covered
    partnership has expended grant funds received under this section
    in violation of this section, the Assistant Secretary shall
    recover the amount of funds that were so expended.

    (f) Reporting.--
    (1) Eligible entities and covered partnerships.--
    (A) <>  Annual report.--Not
    later than 1 year after receiving grant funds under this
    section, and annually thereafter until the funds have
    been expended, an eligible entity or covered partnership
    shall submit to the Assistant Secretary a report, with
    respect to the 1-year period immediately preceding the
    report date, that--
    (i) describes how the eligible entity or
    covered partnership expended the funds;
    (ii) <> certifies that
    the eligible entity or covered partnership
    complied with the requirements of this section and
    with any additional reporting requirements
    prescribed by the Assistant Secretary, including--
    (I) a description of each service
    provided with the grant funds; and

    [[Page 2144]]

    (II) the number of locations or
    geographic areas at which broadband
    service was provided using the grant
    funds; and
    (iii) identifies each subgrantee that received
    a subgrant from the eligible entity or covered
    partnership and a description of the specific
    project for which grant funds were provided.
    (B) Provision of information to fcc and usda.--
    The <> Assistant Secretary shall
    provide the information collected under subparagraph (A)
    to the Commission and the Department of Agriculture to
    be used when determining whether to award funds for the
    deployment of broadband under any program administered
    by those agencies.
    (C) Transmission of reports to congress.--Not later
    than 5 days after receiving a report from an eligible
    entity under subparagraph (A), the Assistant Secretary
    shall transmit the report to the Committee on Commerce,
    Science, and Transportation of the Senate and the
    Committee on Energy and Commerce of the House of
    Representatives.
    (2) <>  Inspector general and
    gao.--Not later than 6 months after the date on which the first
    grant is awarded under this section, and every 6 months
    thereafter until all of the grant funds awarded under this
    section are expended, the Inspector General of the Department
    and the Comptroller General of the United States shall each
    submit to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Energy and Commerce of the
    House of Representatives a report that reviews the grants
    awarded under this section during the preceding 6-month
    period. <> Each such report shall
    include recommendations to address waste, fraud, and abuse, if
    any.

    (g) Impact on Other Federal Broadband Programs.--The use of grant
    funds received under this section by an eligible entity, covered
    partnership, or subgrantee shall not impact the eligibility of, or
    otherwise disadvantage, the eligible entity, covered partnership, or
    subgrantee with respect to participation in any other Federal broadband
    program.
    SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICATIONS COMMISSION
    ACTIVITIES.

    There is appropriated to the Federal Communications Commission, out
    of amounts in the Treasury not otherwise appropriated, for fiscal year
    2021, to remain available until expended--
    (1) $65,000,000 to carry out title VIII of the
    Communications Act of 1934 (47 U.S.C. 641 et seq.); and
    (2) $1,900,000,000 to carry out the Secure and Trusted
    Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), of
    which $1,895,000,000 shall be used to carry out the program
    established under section 4 of that Act (47 U.S.C. 1603).

    [[Page 2145]]

    TITLE X--MISCELLANEOUS

    SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.

    Section 601(d)(3) of the Social Security Act (42 U.S.C. 801(d)(3))
    is amended by striking ``December 30, 2020'' and inserting ``December
    31, 2021''.
    SEC. 1002. <>
    CONTRACTOR PAY.

    Section 3610 of division A of the CARES Act (Public Law 116-136)
    shall be applied by substituting ``March 31, 2021'' for ``September 30,
    2020''.
    SEC. 1003. RESCISSIONS.

    (a) Exchange Stabilization Fund.--
    (1) Immediate rescission.--Of the unobligated balances made
    available under section 4027 of the CARES Act (15 U.S.C. 9061),
    $429,000,000,000 shall be permanently rescinded on the date of
    enactment of this Act.
    (2) Subsequent rescission of remaining funds.--
    (A) In general.--Except as provided in subparagraph
    (C), any remaining unobligated balances made available
    under section 4027 of the CARES Act (15 U.S.C. 9061)
    shall be permanently rescinded on January 9, 2021.
    (B) Applicability.--Notwithstanding the Federal
    Credit Reform Act of 1990 (2 U.S.C. 661 et seq.) or any
    other provision of law, the rescission in subparagraph
    (A) shall apply to--
    (i) the obligated but not disbursed credit
    subsidy cost of all loans, loan guarantees, and
    other investments that the Secretary of the
    Treasury has made or committed to make under
    section 4003(b)(4) of the CARES Act (15 U.S.C.
    9042(b)(4)); and
    (ii) the obligated and disbursed credit
    subsidy cost of all loans, loan guarantees, and
    other investments that--
    (I) the Secretary of the Treasury
    has made or committed to make under
    section 4003(b)(4) of the CARES Act (15
    U.S.C. 9042(b)(4)); and
    (II) are not needed to meet the
    commitments, as of January 9, 2021, of
    the programs and facilities established
    under section 13(3) of the Federal
    Reserve Act (12 U.S.C. 343(3)) in which
    the Secretary of the Treasury has made
    or committed to make a loan, loan
    guarantee, or other investment using
    funds appropriated under section 4027 of
    the CARES Act (15 U.S.C. 9061).
    (C) Exceptions.--
    (i) Administrative expenses.--The $100,000,000
    made available under section 4003(f) of the CARES
    Act (15 U.S.C. 9042(f)) to pay costs and
    administrative expenses--
    (I) shall not be rescinded under
    this paragraph; and
    (II) shall be used exclusively for
    the specific purposes described in that
    section.
    (ii) Special inspector general for pandemic
    recovery.--The $25,000,000 made available under

    [[Page 2146]]

    section 4018(g) of the CARES Act (15 U.S.C.
    9053(g)) for the Special Inspector General for
    Pandemic Recovery--
    (I) shall not be rescinded under
    this paragraph; and
    (II) shall be used exclusively for
    the specific purposes described in that
    section.
    (iii) Congressional oversight commission.--Of
    the amounts made available under section 4027 of
    the CARES Act (15 U.S.C. 9061) for the
    Congressional Oversight Commission established
    under section 4020 of that Act (15 U.S.C. 9055),
    $5,000,000--
    (I) shall not be rescinded under
    this paragraph; and
    (II) shall be used exclusively for
    the expenses of the Congressional
    Oversight Commission set forth in
    section 4020(g)(2) of that Act.

    (b) Loans, Loan Guarantees, and Other Investments.--
    (1) <>  In
    general.--Effective on January 9, 2021, section 4003 of the
    CARES Act (15 U.S.C. 9042) is amended--
    (A) in subsection (a), by striking ``
    $500,000,000,000'' and inserting `` $0''; and
    (B) in subsection (b)--
    (i) in paragraph (1), by striking
    ``25,000,000,000'' and inserting ``0'';
    (ii) in paragraph (2), by striking ``
    $4,000,000,000'' and inserting ``0'';
    (iii) in paragraph (3), by striking ``
    $17,000,000,000'' and inserting ``0''; and
    (iv) in paragraph (4), in the matter preceding
    subparagraph (A), by striking ``
    $454,000,000,000'' and inserting `` $0''.
    (2) <>  Rule of construction.--The
    amendments made under paragraph (1) shall not be construed to
    affect obligations incurred by the Department of the Treasury
    before January 1, 2021.
    SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

    Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is amended, in
    the matter preceding paragraph (1), by striking ``Amounts'' and
    inserting ``Notwithstanding any other provision of law, amounts''.
    SEC. 1005. TERMINATION OF AUTHORITY.

    Section 4029 of the CARES Act (15 U.S.C. 9063) is amended--
    (1) in subsection (a), by striking ``new'';
    (2) in subsection (b)(1), in the matter preceding
    subparagraph (A), by striking ``, loan guarantee, or other
    investment'' and inserting ``or loan guarantee made under
    paragraph (1), (2), or (3) of section 4003(b)''; and
    (3) by adding at the end the following:

    ``(c) Federal Reserve Programs or Facilities.--
    ``(1) In general.--After December 31, 2020, the Board of
    Governors of the Federal Reserve System and the Federal Reserve
    banks shall not make any loan, purchase any obligation, asset,
    security, or other interest, or make any extension of credit
    through any program or facility established under section 13(3)
    of the Federal Reserve Act (12 U.S.C. 343(3))

    [[Page 2147]]

    in which the Secretary made a loan, loan guarantee, or other
    investment pursuant to section 4003(b)(4), other than a loan
    submitted, on or before December 14, 2020, to the Main Street
    Lending Program's lender portal for the sale of a participation
    interest in such loan, provided that the Main Street Lending
    Program purchases a participation interest in such loan on or
    before January 8, 2021 and under the terms and conditions of the
    Main Street Lending Program as in effect on the date the loan
    was submitted to the Main Street Lending Program's lender portal
    for the sale of a participation interest in such loan.
    ``(2) No modification.--After December 31, 2020, the Board
    of Governors of the Federal Reserve System and the Federal
    Reserve banks--
    ``(A) shall not modify the terms and conditions of
    any program or facility established under section 13(3)
    of the Federal Reserve Act (12 U.S.C. 343(3)) in which
    the Secretary made a loan, loan guarantee, or other
    investment pursuant to section 4003(b)(4), including by
    authorizing transfer of such funds to a new program or
    facility established under section 13(3) of the Federal
    Reserve Act (12 U.S.C. 343(3)); and
    ``(B) may modify or restructure a loan, obligation,
    asset, security, other interest, or extension of credit
    made or purchased through any such program or facility
    provided that--
    ``(i) the loan, obligation, asset, security,
    other interest, or extension of credit is an
    eligible asset or for an eligible business,
    including an eligible nonprofit organization, each
    as defined by such program or facility; and
    ``(ii) the modification or restructuring
    relates to an eligible asset or single and
    specific eligible business, including an eligible
    nonprofit organization, each as defined by such
    program or facility; and
    ``(iii) the modification or restructuring is
    necessary to minimize costs to taxpayers that
    could arise from a default on the loan,
    obligation, asset, security, other interest, or
    extension of credit.
    ``(3) Use of funds.--
    ``(A) In general.--Except as provided in
    subparagraph (B), the Secretary is permitted to use the
    fund established under section 5302 of title 31, United
    States Code, for any purpose permitted under that
    section.
    ``(B) Exception.--The fund established under section
    5302 of title 31, United States Code, shall not be
    available for any program or facility established under
    section 13(3) of the Federal Reserve Act (12 U.S.C.
    343(3)) that is the same as any such program or facility
    in which the Secretary made an investment pursuant to
    section 4003(b)(4), except the Term Asset-Backed
    Securities Loan Facility.''.
    SEC. 1006. <>  RULE OF CONSTRUCTION.

    Except as expressly set forth in paragraphs (1) and (2) of
    subsection (c) of section 4029 of the CARES Act, as added by this Act,
    nothing in this Act shall be construed to modify or limit the authority
    of the Board of Governors of the Federal Reserve

    [[Page 2148]]

    System under section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3))
    as of the day before the date of enactment of the CARES Act (Public Law
    116-136).

    DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

    TITLE I <>

    IMMIGRATION EXTENSIONS

    Sec. 101. <>   Section 401(b) of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
    U.S.C. 1324a note) shall be applied by substituting ``September 30,
    2021'' for ``September 30, 2015''.

    Sec. 102. <>   Subclauses (II) and (III) of
    section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting ``September
    30, 2021'' for ``September 30, 2015''.

    Sec. 103. <>   Section 220(c) of the
    Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
    1182 note) shall be applied by substituting ``September 30, 2021'' for
    ``September 30, 2015''.

    Sec. 104. <>   Section 610(b) of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
    by substituting ``June 30, 2021'' for ``September 30, 2015''.

    Sec. 105 <> .
    Notwithstanding the numerical limitation set forth in section
    214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
    1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
    with the Secretary of Labor, and upon the determination that the needs
    of American businesses cannot be satisfied in fiscal year 2021 with
    United States workers who are willing, qualified, and able to perform
    temporary nonagricultural labor, may increase the total number of aliens
    who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
    U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
    by not more than the highest number of H-2B nonimmigrants who
    participated in the H-2B returning worker program in any fiscal year in
    which returning workers were exempt from such numerical limitation.

    TITLE II--COMMISSION ON BLACK MEN AND BOYS CORRECTIONS

    SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION ON THE SOCIAL
    STATUS OF BLACK MEN AND BOYS ACT.

    Section 2(b)(3) of the Commission on the Social Status of Black Men
    and Boys Act (Public Law 116-156) <>  is amended by
    striking ``House of Representatives majority leader'' and inserting
    ``Speaker of the House of Representatives''.

    [[Page 2149]]

    TITLE III--U.S. CUSTOMS AND BORDER PROTECTION AUTHORITY TO ACCEPT
    DONATIONS EXTENSION

    SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PROTECTION
    AUTHORITY TO ACCEPT DONATIONS.

    Section 482(b)(4)(A) of the Homeland Security Act of 2002 (6 U.S.C.
    301a(b)(4)(A)) is amended by striking ``4 years after December 16,
    2016'' and inserting ``December 16, 2021''.

    TITLE IV--LIVESTOCK MANDATORY REPORTING EXTENSION

    SEC. 401. <>  MANDATORY
    LIVESTOCK REPORTING.

    Section 260 of the Agricultural Marketing Act of 1946 (7 U.S.C.
    1636i) and section 942 of the Livestock Mandatory Reporting Act of 1999
    (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by substituting
    ``September 30, 2021'' for ``September 30, 2020''.

    TITLE V--SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM EXTENSION

    SEC. 501. <>  SOIL HEALTH
    AND INCOME PROTECTION PILOT PROGRAM
    MODIFICATION.

    Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 U.S.C.
    3831c(b)(2)(B)) shall be applied by substituting ``September 30, 2021''
    for ``December 31, 2020''.

    TITLE VI--UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT
    TECHNICAL CORRECTIONS

    SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-CANADA
    AGREEMENT IMPLEMENTATION ACT.

    (a) Environment Cooperation Commissions; North American Development
    Bank.--
    (1) <>  In general.--Section 601 of the United States-
    Mexico-Canada Agreement Implementation Act (Public Law 116-113;
    134 Stat. 78) shall not apply to the provisions specified in
    paragraph (2) and such provisions shall be restored and revived
    as if such section had not been enacted.
    (2) Provisions specified.--The provisions specified in this
    paragraph are the following:
    (A) Sections 532 and 533 of the North American Free
    Trade Agreement Implementation Act.
    (B) Part 2 of subtitle D of title V of such Act (as
    amended by section 831 of the United States-Mexico-
    Canada Agreement Implementation Act).

    [[Page 2150]]

    (3) North american development bank: limitation on callable
    capital subscriptions.--The Secretary of the Treasury may
    subscribe without fiscal year limitation to the callable capital
    portion of the United States share of capital stock of the North
    American Development Bank in an amount not to exceed
    $1,020,000,000. The authority in the preceding sentence shall be
    in addition to any other authority provided by previous Acts.

    (b) Rules of Origin.--Section 202 of the United States-Mexico-Canada
    Agreement Implementation Act (19 U.S.C. 4531) is amended--
    (1) in subsection (c), by adding at the end the following:
    ``(3) Special rule for foreign-trade zones.--Paragraph
    (1)(B) shall not apply to a good produced in a foreign-trade
    zone or subzone established pursuant to the Act of June 18, 1934
    (commonly known as the `Foreign Trade Zones Act') (19 U.S.C. 81a
    et seq.) that is entered for consumption in the customs
    territory of the United States.''; and
    (2) in subsection (f)(2)(E), by striking ``heading 1507,
    1508,'' and inserting ``any of headings 1501 through 1508''.

    (c) Drawbacks.--
    (1) In general.--Section 208 of the United States-Mexico-
    Canada Agreement Implementation Act (19 U.S.C. 4534) is amended
    by adding at the end the following:

    ``(e) Action on Claim.--
    ``(1) <>  In general.--If the
    Commissioner of U.S. Customs and Border Protection determines
    that a claim of preferential tariff treatment has been made with
    respect to an article for which a claim described in paragraph
    (2) has been made, the Commissioner may make such adjustments
    regarding the previous customs treatment of the article as may
    be warranted.
    ``(2) Claims described.--A claim described in this paragraph
    is a claim for--
    ``(A) a refund, waiver, or reduction of duty, under
    any applicable provision of law; or
    ``(B) a credit against a bond under section
    312(d)(1) of the Tariff Act of 1930 (19 U.S.C.
    1312(d)(1)).''.
    (2) Conforming amendments.--
    (A) Tariff act of 1930.--The Tariff Act of 1930 is
    amended--
    (i) in section 311 (19 U.S.C. 1311), in the
    11th undesignated paragraph, by striking
    ``(subject to section 508(b)(2)(B))'' and
    inserting ``(subject to section 208(e) of that
    Act)'';
    (ii) in section 312 (19 U.S.C. 1312), by
    striking ``(subject to section 508(b)(2)(B))''
    each place it appears and inserting ``(subject to
    section 208(e) of that Act)'';
    (iii) in section 313(n)(1)(C) (19 U.S.C.
    1313(n)(1)(C)), by striking ``section
    508(b)(2)(B)'' and inserting ``section 208(e) of
    that Act''; and
    (iv) in section 562(2)(B) (19 U.S.C.
    1562(2)(B)), in the matter preceding clause (i),
    by striking ``(subject to section 508(b)(2)(B))''
    and inserting ``(subject to section 208(e) of that
    Act)''.
    (B) Foreign trade zones act.--Section 3(a) of the
    Act of June 18, 1934 (commonly known as the ``Foreign
    Trade Zones Act'') (19 U.S.C. 81c(a)) is amended in the

    [[Page 2151]]

    seventh proviso by striking ``(subject to section
    508(b)(2)(B) of the Tariff Act of 1930)'' and inserting
    ``(subject to section 208(e) of that Act)''.

    (d) Retention of Records.--
    (1) In general.--Section 508 of the Tariff Act of 1930 (19
    U.S.C. 1508) is amended by inserting after subsection (b) the
    following:

    ``(c) Period of Time.--The records required by subsection (a) shall
    be kept for such periods of time as the Secretary shall prescribe,
    except that--
    ``(1) no period of time for the retention of the records
    required under subsection (a) may exceed 5 years from the date
    of entry, filing of a reconciliation, or exportation, as
    appropriate; and
    ``(2) records for any drawback claim shall be kept until the
    3rd anniversary of the date of liquidation of the claim.''.
    (2) Conforming amendment.--Section 313(r)(3)(B) of the
    Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by
    striking ``section 508(c)(3)'' and inserting ``section
    508(c)(2)''.

    (e) Reliquidation of Entries.--Section 520(d) of the Tariff Act of
    1930 (19 U.S.C. 1520(d)) is amended by striking ``(except with respect
    to any merchandise processing fees)''.
    (f) Protective Orders.--Section 777(f) of the Tariff Act of 1930 (19
    U.S.C. 1677f(f)) is amended--
    (1) in the subsection heading, by striking ``the the'' and
    inserting ``the''; and
    (2) in paragraph (1), by striking subparagraph (A) and
    inserting the following:
    ``(A) <>  In general.--If binational
    panel review of a determination under this title is
    requested pursuant to article 1904 of the United States-
    Canada Agreement or article 10.12 of the USMCA, or an
    extraordinary challenge committee is convened under
    Annex 1904.13 of the United States-Canada Agreement or
    chapter 10 of the USMCA, the administering authority or
    the Commission, as appropriate, may make available to
    authorized persons, under a protective order described
    in paragraph (2), a copy of all proprietary material in
    the administrative record made during the proceeding in
    question. If the administering authority or the
    Commission claims a privilege as to a document or
    portion of a document in the administrative record of
    the proceeding in question and a binational panel or
    extraordinary challenge committee finds that in camera
    inspection or limited disclosure of that document or
    portion thereof is required by United States law, the
    administering authority or the Commission, as
    appropriate, may restrict access to such document or
    portion thereof to the authorized persons identified by
    the panel or committee as requiring access and may
    require such persons to obtain access under a protective
    order described in paragraph (2).''.

    (g) Dispute Settlement.--The table of contents for the United
    States-Mexico-Canada Agreement Implementation Act (Public Law

    [[Page 2152]]

    116-113; 134 Stat. 11) is amended by striking the item relating to
    section 414 and inserting the following:

    ``Sec. 414. Requests for review of determinations by competent
    investigating authorities.''.

    (h) <>  Effective Date.--This section and
    the amendments made by this section shall take effect on July 1, 2020.
    SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.

    (a) African Growth and Opportunity Act.--The African Growth and
    Opportunity Act is amended--
    (1) in section 112 (19 U.S.C. 3721)--
    (A) in subsection (b)(5)(A), by striking ``Annex 401
    to the NAFTA'' and inserting ``Annex 4-B of the USMCA'';
    and
    (B) in subsection (f), by striking paragraph (3) and
    inserting the following:
    ``(3) <> USMCA.--The term `USMCA' has the
    meaning given that term in section 3 of the United States-
    Mexico-Canada Agreement Implementation Act (19 U.S.C. 4502).'';
    and
    (2) in section 113(b) (19 U.S.C. 3722(b))--
    (A) in paragraph (1)--
    (i) in subparagraph (A), by striking ``Article
    502(1) of the NAFTA'' and inserting ``article
    5.4.1 of the USMCA''; and
    (ii) in subparagraph (B)(i), in the matter
    following subclause (II), by striking ``chapter 5
    of the NAFTA'' and inserting ``chapter 5 of the
    USMCA''; and
    (B) in paragraph (2), by striking ``Article 503 of
    the NAFTA'' and inserting ``article 5.5 of the USMCA''.

    (b) Caribbean Basin Economic Recovery Act.--The Caribbean Basin
    Economic Recovery Act is amended--
    (1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by striking
    subparagraph (D) and inserting the following:
    ``(D) The term `USMCA' has the meaning given that term in
    section 3 of the United States-Mexico-Canada Agreement
    Implementation Act (19 U.S.C. 4502).'';
    (2) in section 213(b) (19 U.S.C. 2703(b))--
    (A) in paragraph (2)--
    (i) in subparagraph (A)--
    (I) in clause (v)(I), by striking
    ``Annex 401 of the NAFTA'' and inserting
    ``Annex 4-B of the USMCA''; and
    (II) in clause (vii)(IV)--
    (aa) by striking ``from a
    country'' and inserting the
    following: ``from--
    ``(aa) a country'';
    (bb) by striking the period
    at the end and inserting ``;
    or''; and
    (cc) by adding at the end
    the following:
    ``(bb) a USMCA country (as
    defined in section 3 of the
    United States-Mexico-Canada
    Agreement Implementation Act (19
    U.S.C. 4502)).''; and
    (ii) in subparagraph (C), by striking
    ``section 2.3(a), (b), or (c) of the Annex or
    Appendix 3.1.B.11 of the Annex'' and inserting
    ``article 6.2 of the USMCA'';

    [[Page 2153]]

    (B) in paragraph (3)(A)(i), by striking ``Annex
    302.2 of the NAFTA'' and inserting ``Annex 2-B of the
    USMCA'';
    (C) in paragraph (4)--
    (i) in subparagraph (A)--
    (I) in clause (i), by striking
    ``Article 502(1) of the NAFTA'' and
    inserting ``article 5.4.1 of the
    USMCA''; and
    (II) in clause (ii)(I), in the
    matter following item (bb), by striking
    ``chapter 5 of the NAFTA'' and inserting
    ``chapter 5 of the USMCA''; and
    (ii) in subparagraph (B), by striking
    ``Article 503 of the NAFTA'' and inserting
    ``article 5.5 of the USMCA''; and
    (D) in paragraph (5)--
    (i) in subparagraph (A), by striking ``NAFTA''
    and inserting ``North American Free Trade
    Agreement entered into between the United States,
    Mexico, and Canada on December 17, 1992''; and
    (ii) in subparagraph (C), by striking
    ``NAFTA'' each place it appears and inserting
    ``USMCA''; and
    (3) in section 213A(b) (19 U.S.C. 2703a(b))--
    (A) in paragraph (1)(B)(vii)(I)(aa), by striking
    ``Annex 401 of the NAFTA'' and inserting ``Annex 4-B of
    the USMCA''; and
    (B) in paragraph (5)(A)(i), by striking ``Annex 401
    of the NAFTA'' and inserting ``Annex 4-B of the USMCA''.

    (c) Trade Facilitation and Trade Enforcement Act of 2015.--Section
    403 of the Trade Facilitation and Trade Enforcement Act of 2015 (19
    U.S.C. 4362) is amended by striking ``article 1902 of the North American
    Free Trade Agreement and section 408 of the North American Free Trade
    Agreement Implementation Act (19 U.S.C. 3438)'' and inserting ``article
    10.10 of the USMCA (as defined in section 3 of the United States-Mexico-
    Canada Agreement Implementation Act (19 U.S.C. 4502)) and section 418 of
    the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
    4588)''.
    (d) Title 35, United States Code.--Section 11 of title 35, United
    States Code, is amended--
    (1) by striking ``The Director'' and inserting ``(a) In
    General.--The Director'';
    (2) by striking ``other than a NAFTA country'' and inserting
    ``other than a USMCA country''; and
    (3) by striking the third sentence and inserting the
    following:

    ``(b) Definitions.--In this section--
    ``(1) the term `USMCA country' has the meaning given that
    term in section 3 of the United States-Mexico-Canada Agreement
    Implementation Act (19 U.S.C. 4502); and
    ``(2) the term `WTO member country' has the meaning given
    that term in section 2(10) of the Uruguay Round Agreements Act
    (19 U.S.C. 3501(10)).''.

    (e) Energy Policy Act of 1992.--Section 1011(b) of the Energy Policy
    Act of 1992 (42 U.S.C. 2296b(b)) is amended by striking ``North American
    Free Trade Agreement'' and inserting ``USMCA (as defined in section 3 of
    the United States-Mexico-Canada Agreement Implementation Act (19 U.S.C.
    4502))''.

    [[Page 2154]]

    (f) Trade Agreements Act of 1979.--Section 493(a)(5)(D) of the Trade
    Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) is amended by striking
    ``the NAFTA countries (as defined in section 2(4) of the North American
    Free Trade Agreement Implementation Act)'' and inserting ``the USMCA
    countries (as defined in section 3 of the United States-Mexico-Canada
    Agreement Implementation Act (19 U.S.C. 4502))''.
    (g) <>  Effective Date.--This section and
    the amendments made by this section shall take effect on July 1, 2020.

    TITLE VII--DEPUTY ARCHITECT OF THE CAPITOL AMENDMENTS

    SEC. 701. ARCHITECT OF THE CAPITOL.

    (a) Delegation of Authority.--The matter under the heading ``Office
    of the Architect of the Capitol'' under the heading ``ARCHITECT OF THE
    CAPITOL'' of the Legislative Appropriation Act, 1956 (2 U.S.C. 1803) is
    amended by striking ``delegate to the assistants'' and all that follows
    through ``2003'' and inserting ``delegate the duties and authorities of
    the Architect to officers and employees of the Office of the Architect
    of the Capitol, as the Architect determines appropriate''.
    (b) Deputy Architect of the Capitol.--Section 1203 of title I of
    division H of the Consolidated Appropriations Resolution, 2003 (2 U.S.C.
    1805) is amended--
    (1) in the section heading, by striking ``Capitol/Chief
    Operating Officer'' and inserting ``Capitol'';
    (2) <>  in subsection
    (a), by striking ``There shall be'' and all that follows and
    inserting ``The Architect of the Capitol shall appoint a
    suitable individual to be the Deputy Architect of the Capitol.
    The Architect may delegate to the Deputy Architect such duties
    as the Architect determines are necessary or appropriate.'';
    (3) by striking subsections (b) through (g);
    (4) by redesignating subsection (h) as subsection (b); and
    (5) by striking subsections (i) and (j).

    TITLE VIII--PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE AMENDMENTS

    SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY
    COMMITTEE.

    (a) Appropriations.--
    (1) In general.--Title V of division B of the Coronavirus
    Aid, Relief, and Economic Security Act <>
    (Public Law 116-136) is amended in the matter under the heading
    ``Pandemic Response Accountability Committee'' under the heading
    ``INDEPENDENT AGENCIES'' by striking ``funds provided in'' and
    inserting ``covered funds and the Coronavirus response as
    provided in section 15010 of''.
    (2) Emergency designation.--The amounts repurposed in this
    section that were previously designated by the Congress

    [[Page 2155]]

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

    (b) Definition of Covered Funds.--Section 15010(a)(6) of division B
    of the Coronavirus, Aid, Relief, and Economic Security Act (Public Law
    116-136) <>  is amended--
    (1) in subparagraph (A), by striking ``this Act'' and
    inserting ``the Coronavirus Aid, Relief, and Economic Security
    Act (divisions A and B)'';
    (2) in subparagraph (C), by striking ``or'' at the end; and
    (3) by striking subparagraph (D) and inserting the
    following:
    ``(D) the Paycheck Protection Program and Health
    Care Enhancement Act (Public Law 116-139); or
    ``(E) divisions M and N of the Consolidated
    Appropriations Act, 2021; and''.

    TITLE IX--ADJUSTMENT OF STATUS FOR LIBERIAN NATIONALS EXTENSION

    SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR CERTAIN
    LIBERIAN NATIONALS.

    Section 7611(b)(1)(A) of the National Defense Authorization Act for
    Fiscal Year 2020 (Public Law 116-92) <>  is
    amended by striking ``1 year'' and inserting ``2 years''.

    TITLE X-- <> CLEAN UP THE CODE ACT
    OF 2019
    SEC. 1001. <>  SHORT TITLE.

    This title may be cited as the ``Clean Up the Code Act of 2019''.
    SEC. 1002. REPEALS.

    The following provisions of title 18, United States Code, are
    repealed:
    (1) Section 46 relating to transportation of water
    hyacinths.
    (2) Section 511A relating to unauthorized application of
    theft prevention decal or device.
    (3) Section 707 relating to 4-H club emblem fraudulently
    used.
    (4) Section 708 relating to Swiss Confederation coat of
    arms.
    (5) Section 711 relating to ``Smokey Bear'' character or
    name.
    (6) Section 711a relating to ``Woodsy Owl'' character, name,
    or slogan.
    (7) Section 715 relating to ``The Golden Eagle Insignia''.
    (8) <>  Chapter 89--
    Professions and Occupations.
    (9) Section 1921 relating to receiving Federal employees'
    compensation after marriage.

    [[Page 2156]]

    SEC. 1003. CLERICAL AMENDMENTS.

    (a) Table of Chapters for Part I of Title 18.--The table of chapters
    for part I of title 18, United States Code, <>
    is amended by striking the item relating to chapter 89.

    (b) Table of Sections for Chapter 3.--The table of sections for
    chapter 3 of title 18, United States Code, <>
    is amended by striking the item relating to section 46.

    (c) Table of Sections for Chapter 25.--The table of sections for
    chapter 25 of title 18, United States Code, <>
    is amended by striking the item relating to section 511A.

    (d) Table of Sections for Chapter 33.--The table of sections for
    chapter 33 of title 18, United States Code, <>
    is amended--
    (1) by striking the item relating to section 707;
    (2) by striking the item relating to section 708;
    (3) by striking the item relating to section 711;
    (4) by striking the item relating to section 711a; and
    (5) by striking the item relating to section 715.

    (e) Table of Sections for Chapter 93.--The table of sections for
    chapter 93 of title 18, United States Code, <>  is amended by striking the item relating to section 1921.

    TITLE XI--AMENDMENTS TO PROVISIONS RELATING TO CHILD CARE CENTERS

    SEC. 1101. PROVISIONS RELATING TO CHILD CARE CENTERS.

    (a) Senate Employee Child Care Center.--Section 19001 of the
    Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 2063
    note) <>  is amended--
    (1) by striking ``The Secretary'' and all that follows
    through ``per month,'' and inserting the following:

    ``(a) <>   Reimbursements.--During the period
    beginning on July 1, 2020 and ending on the termination date of the
    public health emergency declared pursuant to section 319 of the Public
    Health Service Act (42 U.S.C. 247d) resulting from the COVID-19
    pandemic, the Secretary of the Senate shall reimburse the Senate
    Employee Child Care Center for expenses, due to measures taken in the
    Capitol complex to combat coronavirus, as calculated under subsection
    (b) and''; and
    (2) by adding at the end the following:

    ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
    ``(1) the lesser of--
    ``(A) the amount of the operating costs (including
    payroll, general, and administrative expenses) of the
    Center for such month; or
    ``(B) $105,000; and
    ``(2) the amount of tuition payments collected by the Center
    for such month.''.

    (b) Little Scholars Child Development Center.--Section 19004 of the
    Coronavirus Aid, Relief, and Economic Security Act (2 U.S.C. 162b
    note) <>  is amended--
    (1) by striking ``The Library of Congress'' and all that
    follows through ``per month,'' and inserting the following:

    [[Page 2157]]

    ``(a) <>   Reimbursements.--During the period
    beginning on the date of enactment of the Consolidated Appropriations
    Act, 2021 and ending on the termination date of the public health
    emergency declared pursuant to section 319 of the Public Health Service
    Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic, the Library
    of Congress shall reimburse the Little Scholars Child Development Center
    for expenses, due to measures taken in the Capitol complex to combat
    coronavirus, as calculated under subsection (b) and''; and
    (2) by adding at the end the following:

    ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
    ``(1) the lesser of--
    ``(A) the amount of the operating costs (including
    payroll, general, and administrative expenses) of the
    Center for such month; or
    ``(B) $118,500; and
    ``(2) the amount of tuition payments collected by the Center
    for such month.''.
    (3) Tiny findings child development center.--Section 19009
    of the Coronavirus Aid, Relief, and Economic Security Act
    (Public Law 116-136; 134 Stat. 579) <>
    is amended--
    (A) by striking ``The Government'' and all that
    follows through ``per month,'' and inserting the
    following:

    ``(a) <>   Reimbursements.--During the period
    beginning on the date of enactment of the Consolidated Appropriations
    Act, 2021 and ending on the termination date of the public health
    emergency declared pursuant to section 319 of the Public Health Service
    Act (42 U.S.C. 247d) resulting from the COVID-19 pandemic, the
    Government Accountability Office shall reimburse the Tiny Findings Child
    Development Center for expenses, due to measures taken in the Capitol
    complex to combat coronavirus, as calculated under subsection (b) and'';
    and
    (B) by adding at the end the following:

    ``(b) Amount.--The amount of the reimbursement under this section
    for each month of the period described in subsection (a) shall be equal
    to the difference between--
    ``(1) the lesser of--
    ``(A) the amount of the operating costs (including
    payroll, general, and administrative expenses) of the
    Center for such month; or
    ``(B) $162,500; and
    ``(2) the amount of tuition payments collected by the Center
    for such month.''.

    TITLE XII--ALASKA NATIVES EXTENSION

    SEC. 1201. <>  ALASKA NATIVES.

    Section 424(a) of the Consolidated Appropriations Act, 2014 (Public
    Law 113-76), as amended by section 428 of the Consolidated
    Appropriations Act, 2018 (Public Law 115-141), shall be applied by
    substituting ``October 1, 2022'' for ``October 1, 2019''.

    [[Page 2158]]

    TITLE XIII--OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
    DEBARMENT

    SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED
    DEBARMENT.

    (a) Effective Date.--Section 1299Q of the William M. (Mac)
    Thornberry National Defense Authorization Act for Fiscal Year
    2021 <>  is amended by adding at the end the
    following:

    ``(g) Effective Date.--This section and the amendments made by this
    section shall take effect on the date that is 90 days after the date of
    the enactment of this Act.''.
    (b) Open Technology Fund Opportunity to Contest Proposed
    Debarment.-- <> Notwithstanding any provision of law or
    regulation, including section 513.313 of title 22, Code of Federal
    Regulations, in any debarment proceeding concerning the Open Technology
    Fund that is initiated prior to the date of enactment of this Act, the
    Open Technology Fund shall have 90 calendar days after receipt of any
    notice of proposed debarment to submit, in person, in writing, or
    through a representative, information and argument in opposition to the
    proposed debarment, before such proposed debarment may proceed to
    additional proceedings or decision.

    TITLE XIV--BUDGETARY EFFECTS

    SEC. 1401. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of division
    N, this division, and each succeeding division, except for title VIII of
    division O and title XIII of division FF, shall not be entered on either
    PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
    Pay-As-You-Go Act of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of division N,
    this division, and each succeeding division, except for title VIII of
    division O and title XIII of division FF, shall not be entered on any
    PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res.
    71 (115th Congress).
    (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(8) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, the budgetary effects of division N, this
    division, and each succeeding division, except for title VIII of
    division O and title XIII of division FF, shall not be estimated--
    (1) for purposes of section 251 of such Act; and
    (2) for purposes of paragraph (4)(C) of section 3 of the
    Statutory Pay-As-You-Go Act of 2010 as being included in an
    appropriation Act.

    (d) <>  Balances on the PAYGO Scorecards.--
    Effective on the date of the adjournment of the second session of the
    116th Congress, and for the purposes of the annual report issued
    pursuant to section 5 of the Statutory Pay-As-You-Go Act of 2010 (2
    U.S.C. 934) after such adjournment and for determining whether a
    sequestration order is necessary under such section, the balances on the
    PAYGO

    [[Page 2159]]

    scorecards established pursuant to paragraphs (4) and (5) of section
    4(d) of such Act shall be zero.

    DIVISION P <> --NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020
    SEC. 1. <>  SHORT TITLE.

    This division may be cited as the ``National Bio and Agro-Defense
    Facility Act of 2020''.
    SEC. 2. <>  DEFINITIONS.

    In this Act:
    (1) Animal.--The term ``animal'' has the meaning given the
    term in section 10403 of the Animal Health Protection Act (7
    U.S.C. 8302).
    (2) Transboundary disease.--The term ``transboundary
    disease'' has the meaning given the term in section 12203(a) of
    the Agriculture Improvement Act of 2018 (7 U.S.C. 8914(a)).
    (3) Veterinary countermeasure.--The term ``veterinary
    countermeasure'' has the meaning given the term in section 10403
    of the Animal Health Protection Act (7 U.S.C. 8302).
    SEC. 3. <>  NATIONAL BIO AND AGRO-DEFENSE
    FACILITY.

    (a) In General.--The National Bio and Agro-Defense Facility shall be
    a national security laboratory asset to provide integrated research,
    development, and test and evaluation infrastructure to improve
    preparedness and response capabilities to prevent, detect, respond to,
    or mitigate harm resulting from animal pests or diseases and zoonotic
    diseases for the purpose of defending the United States against bio- and
    agro-threats, whether naturally occurring or intentional.
    (b) Mission.--Pursuant to subsection (a), the mission of the
    National Bio and Agro-Defense Facility shall be to protect the food
    supply, agriculture, and public health of the United States, including
    by--
    (1) integrating agricultural, zoonotic disease, and other
    research, as appropriate;
    (2) addressing threats from high-consequence zoonotic
    disease agents, emerging foreign animal diseases, and animal
    transboundary diseases;
    (3) addressing biological threats;
    (4) ensuring that research conducted at the National Bio and
    Agro-Defense Facility addresses gaps that fall between the
    ongoing animal and zoonotic disease research efforts across the
    Federal Government and does not duplicate those ongoing efforts;
    (5) facilitating, integrating, and coordinating the
    development and implementation of the strategic plan for
    research under section 4(a)(2), relating to protection of the
    food supply, agriculture, and public health of the United
    States;
    (6) providing appropriate education and training to prepare
    for and respond to bio- and agro-defense threats;
    (7) sharing data and related information with appropriate
    Federal departments or agencies, as requested by the heads of
    those departments or agencies, or as necessary, to support
    biological material threat assessments; and

    [[Page 2160]]

    (8) <>  sharing data and related
    information, and developing strategic partnerships, to enhance
    the carrying out of the duties of the National Bio and Agro-
    Defense Facility for the development of priority zoonotic animal
    disease diagnostics, vaccines, drugs, and other countermeasures.
    SEC. 4. <>  EVALUATION AND RESEARCH PLAN.

    (a) <>  In General.--Not less
    frequently than biennially, the Secretary of Agriculture, in
    coordination with the Secretary of Homeland Security and the heads of
    other appropriate Federal departments and agencies, shall--
    (1) evaluate the work of the National Bio and Agro-Defense
    Facility;
    (2) <>  develop, biennially
    update, and publish a strategic plan for research at the
    National Bio and Agro-Defense Facility based on priority risk
    and threat assessments, including strategies to--
    (A) develop veterinary countermeasures for emerging
    foreign animal diseases and animal transboundary
    diseases;
    (B) provide advanced testing, diagnostic, and
    evaluation capabilities for threat detection,
    vulnerability assessments of animal and zoonotic
    diseases, and veterinary countermeasures for animal and
    zoonotic diseases;
    (C) assist, as appropriate, with the development,
    and address vulnerability assessments, of the
    agriculture and food sectors;
    (D) address gaps in the ongoing animal and zoonotic
    disease research efforts across the Federal Government,
    ensuring not to duplicate those ongoing efforts; and
    (E) be used for such other purposes as the Secretary
    of Agriculture, in consultation with the Secretary of
    Homeland Security and the heads of other appropriate
    Federal departments and agencies, determines to be
    appropriate; and
    (3) submit to the Committee on Agriculture, Nutrition, and
    Forestry of the Senate, the Committee on Homeland Security and
    Governmental Affairs of the Senate, the Committee on Agriculture
    of the House of Representatives, and the Committee on Homeland
    Security of the House of Representatives, the strategic plan for
    research described in paragraph (2).

    (b) Classified Information.--The strategic plan for research
    required under subsection (a)(2)--
    (1) <>  shall be
    published in an unclassified format that is publicly available;
    (2) shall be submitted under subsection (a)(3) in
    unclassified form; and
    (3) may include in the submission under subsection (a)(3) a
    classified annex for any sensitive or classified information, as
    necessary.
    SEC. 5. <>  AVAILABILITY OF DATA AND
    CONGRESSIONAL BRIEFINGS.

    (a) <>  In General.--Every 6 months until the date
    described in subsection (b), the Secretary of Agriculture, the Secretary
    of Homeland Security, and the heads of other appropriate Federal
    departments and agencies, as appropriate, shall provide to the
    Committees on Agriculture, Nutrition, and Forestry and Homeland

    [[Page 2161]]

    Security and Governmental Affairs of the Senate and the Committees on
    Agriculture and Homeland Security of the House of Representatives a
    report and briefing describing--
    (1) progress under each phase described in the memorandum of
    agreement entitled ``Memorandum of Agreement Between the U.S.
    Department of Agriculture Marketing and Regulatory Programs, the
    U.S. Department of Agriculture Research, Education, and
    Economics, and the Department of Homeland Security Science and
    Technology Directorate'' and dated June 20, 2019, that is not
    completed as of the date of enactment of this Act;
    (2) the status of the actions taken pursuant to the areas of
    collaborative opportunity and responsibilities as described in
    the memorandum of understanding entitled ``Memorandum of
    Understanding Between the U.S. Department of Agriculture
    Marketing and Regulatory Programs, the U.S. Department of
    Agriculture Research, Education, and Economics, and the
    Department of Homeland Security Science and Technology
    Directorate for National Bio and Agro-Defense Facility
    Collaboration'' and dated January 7, 2020; and
    (3) <>  the operations and mission of
    the National Bio and Agro-Defense Facility, including the
    coordination and carrying out of--
    (A) the memorandum of agreement and memorandum of
    understanding described in paragraphs (1) and (2),
    respectively;
    (B) any successor memoranda of agreement or
    understanding to the memorandum of agreement and
    memorandum of understanding described in paragraphs (1)
    and (2), respectively;
    (C) any similar joint agreement or understanding
    between the Department of Agriculture and the Department
    of Homeland Security, or other relevant agencies, that
    documents the biodefense mission of the National Bio and
    Agro-Defense Facility; and
    (D) research, including a description of the users
    of the National Bio and Agro-Defense Facility.

    (b) Termination.--The reporting and briefing requirements under
    subsection (a) shall terminate on the date that is 5 years after the
    date on which the National Bio and Agro-Defense Facility attains full
    operating capability.
    SEC. 6. <>  BUDGET AND REPORT.

    (a) <>  Budget.--Concurrently with each budget
    submission to the Director of the Office of Management and Budget, the
    Secretary of Agriculture, the Secretary of Homeland Security, and the
    heads of other appropriate Federal departments and agencies, as required
    by Homeland Security Presidential Directive 9, shall jointly submit to
    the Director of the Office of Management and Budget an integrated budget
    plan for the defense and protection of the food supply of the United
    States, including the operation and use of the National Bio and Agro-
    Defense Facility.

    (b) Report.--Not later than 60 days after the date on which the
    budget of the United States Government is submitted by the President
    under section 1105 of title 31, United States Code, for each fiscal
    year, the Secretary of Agriculture, the Secretary of Homeland Security,
    and the heads of other appropriate Federal

    [[Page 2162]]

    departments and agencies shall jointly submit to Congress a report
    describing an integrated budget plan described in subsection (a), which
    shall be consistent with the budget submission of the President under
    that section for the defense and protection of the food supply of the
    United States, including the operation and use of the National Bio and
    Agro-Defense Facility.
    SEC. 7. <>  EFFECT ON OTHER AUTHORITIES.

    Nothing in this Act affects the authority of the Secretary of
    Agriculture or the Secretary of Homeland Security under any other
    provision of law or program relating to the protection of food supplies,
    agriculture, or public health.

    DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

    TITLE I--FINANCIAL SERVICES PROVISIONS

    SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN FEDERALLY
    ASSISTED HOUSING.

    (a) <>  Findings.--Congress finds that--
    (1) carbon monoxide alarms are not required by federally
    assisted housing programs, when not required by State or local
    codes;
    (2) numerous federally assisted housing residents have lost
    their lives due to carbon monoxide poisoning;
    (3) the effects of carbon monoxide poisoning occur
    immediately and can result in death in a matter of minutes;
    (4) carbon monoxide exposure can cause permanent brain
    damage, life-threatening cardiac complications, fetal death or
    miscarriage, and death, among other harmful health conditions;
    (5) carbon monoxide poisoning is especially dangerous for
    unborn babies, children, elderly individuals, and individuals
    with cardiovascular disease, among others with chronic health
    conditions;
    (6) the majority of the 4,600,000 families receiving Federal
    housing assistance are families with young children, elderly
    individuals, or individuals with disabilities, making them
    especially vulnerable to carbon monoxide poisoning;
    (7) more than 400 people die and 50,000 additional people
    visit the emergency room annually as a result of carbon monoxide
    poisoning;
    (8) carbon monoxide poisoning is entirely preventable and
    early detection is possible with the use of carbon monoxide
    alarms;
    (9) the Centers for Disease Control and Prevention warns
    that carbon monoxide poisoning is entirely preventable and
    recommends the installation of carbon monoxide alarms;
    (10) the Office of Lead Hazard Control and Healthy Homes of
    the Department of Housing and Urban Development recommends the
    installation of carbon monoxide alarms as a best

    [[Page 2163]]

    practice to keep families and individuals safe and to protect
    health; and
    (11) in order to safeguard the health and well-being of
    tenants in federally assisted housing, the Federal Government
    should consider best practices for primary prevention of carbon
    monoxide-related incidents.

    (b) Public Housing, Tenant-based Assistance, and Project-based
    Assistance.--The United States Housing Act of 1937 (42 U.S.C. 1437 et
    seq.) is amended--
    (1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the
    end the following:
    ``(8) Carbon monoxide alarms.--Each public housing agency
    shall ensure that carbon monoxide alarms or detectors are
    installed in each dwelling unit in public housing owned or
    operated by the public housing agency in a manner that meets or
    exceeds--
    ``(A) the standards described in chapters 9 and 11
    of the 2018 publication of the International Fire Code,
    as published by the International Code Council; or
    ``(B) any other standards as may be adopted by the
    Secretary, including any relevant updates to the
    International Fire Code, through a notice published in
    the Federal Register.''; and
    (2) in section 8 (42 U.S.C. 1437f)--
    (A) by inserting after subsection (i) the following:

    ``(j) Carbon Monoxide Alarms.--Each owner of a dwelling unit
    receiving project-based assistance under this section shall ensure that
    carbon monoxide alarms or detectors are installed in the dwelling unit
    in a manner that meets or exceeds--
    ``(1) the standards described in chapters 9 and 11 of the
    2018 publication of the International Fire Code, as published by
    the International Code Council; or
    ``(2) any other standards as may be adopted by the
    Secretary, including any relevant updates to the International
    Fire Code, through a notice published in the Federal
    Register.''; and
    (B) in subsection (o), by adding at the end the
    following:
    ``(21) Carbon monoxide alarms.--Each dwelling unit receiving
    tenant-based assistance or project-based assistance under this
    subsection shall have carbon monoxide alarms or detectors
    installed in the dwelling unit in a manner that meets or
    exceeds--
    ``(A) the standards described in chapters 9 and 11
    of the 2018 publication of the International Fire Code,
    as published by the International Code Council; or
    ``(B) any other standards as may be adopted by the
    Secretary, including any relevant updates to the
    International Fire Code, through a notice published in
    the Federal Register.''.

    (c) Supportive Housing for the Elderly.--Section 202(j) of the
    Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by adding at the end
    the following:
    ``(9) Carbon monoxide alarms.--Each owner of a dwelling unit
    assisted under this section shall ensure that carbon monoxide
    alarms or detectors are installed in the dwelling unit in a
    manner that meets or exceeds--

    [[Page 2164]]

    ``(A) the standards described in chapters 9 and 11
    of the 2018 publication of the International Fire Code,
    as published by the International Code Council; or
    ``(B) any other standards as may be adopted by the
    Secretary, including any relevant updates to the
    International Fire Code, through a notice published in
    the Federal Register.''.

    (d) Supportive Housing for Persons With Disabilities.--Section
    811(j) of the Cranston-Gonzalez National Affordable Housing Act (42
    U.S.C. 8013(j)) is amended by adding at the end the following:
    ``(7) Carbon monoxide alarms.--Each dwelling unit assisted
    under this section shall contain installed carbon monoxide
    alarms or detectors that meet or exceed--
    ``(A) the standards described in chapters 9 and 11
    of the 2018 publication of the International Fire Code,
    as published by the International Code Council; or
    ``(B) any other standards as may be adopted by the
    Secretary, including any relevant updates to the
    International Fire Code, through a notice published in
    the Federal Register.''.

    (e) Housing Opportunities for Persons With AIDS.--Section 856 of the
    Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12905) is
    amended by adding at the end the following new subsection:
    ``(i) Carbon monoxide alarms.--Each dwelling
    unit assisted under this subtitle shall contain
    installed carbon monoxide alarms or detectors that
    meet or exceed--
    ``(1) the standards described in chapters 9 and 11 of the
    2018 publication of the International Fire Code, as published by
    the International Code Council; or
    ``(2) any other standards as may be adopted by the
    Secretary, including any relevant updates to the International
    Fire Code, through a notice published in the Federal
    Register.''.

    (f) Rural Housing.--Title V of the Housing Act of 1949 (42 U.S.C.
    1471 et seq.) is amended--
    (1) in section 514 (42 U.S.C. 1484), by adding at the end
    the following:

    ``(j) Housing and related facilities constructed with loans under
    this section shall contain installed carbon monoxide alarms or detectors
    that meet or exceed--
    ``(1) the standards described in chapters 9 and 11 of the
    2018 publication of the International Fire Code, as published by
    the International Code Council; or
    ``(2) any other standards as may be adopted by the
    Secretary, in collaboration with the Secretary of Housing and
    Urban Development, including any relevant updates to the
    International Fire Code, through a notice published in the
    Federal Register.''; and
    (2) in section 515(m) (42 U.S.C. 1485(m))--
    (A) by inserting ``(1)'' before ``The Secretary
    shall establish''; and
    (B) by adding at the end the following:
    ``(2) Housing and related facilities rehabilitated or
    repaired with amounts received under a loan made or insured
    under

    [[Page 2165]]

    this section shall contain installed carbon monoxide alarms or
    detectors that meet or exceed--
    ``(A) the standards described in chapters 9 and 11
    of the 2018 publication of the International Fire Code,
    as published by the International Code Council; or
    ``(B) any other standards as may be adopted by the
    Secretary, in collaboration with the Secretary of
    Housing and Urban Development, including any relevant
    updates to the International Fire Code, through a notice
    published in the Federal Register.''.

    (g) <>  Guidance.--The Secretary of
    Housing and Urban Development shall provide guidance to public housing
    agencies (as defined in section 3(b)(6) of the United States Housing Act
    of 1937 (42 U.S.C. 1437a(b)(6)) on how to educate tenants on health
    hazards in the home, including to carbon monoxide poisoning, lead
    poisoning, asthma induced by housing-related allergens, and other
    housing-related preventable outcomes, to help advance primary prevention
    and prevent future deaths and other harms.

    (h) <>  Effective Date.--The amendments
    made by subsections (b) through (e) shall take effect on the date that
    is 2 years after the date of enactment of this Act.

    (i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section and the amendments made by this
    section, $101,400,000 per year for each of fiscal years 2021, 2022, and
    2023.
    (j) <>  No Preemption.--Nothing in the
    amendments made by this section shall be construed to preempt or limit
    the applicability of any State or local law relating to the installation
    and maintenance of carbon monoxide alarms or detectors in housing that
    requires standards that are more stringent than the standards described
    in the amendments made by this section.

    (k) Study on Inclusion of Carbon Monoxide Alarms or Detectors in
    Other Units.-- <> The
    Secretary of Housing and Urban Development, in consultation with the
    Consumer Product Safety Commission, shall conduct a study and issue a
    publicly available report on requiring carbon monoxide alarms or
    detectors in federally assisted housing that is not covered in the
    amendments made by this section.
    SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY DESIGNATED
    HOUSING ENTITIES IN CONTINUUM OF CARE
    PROGRAM.

    (a) In General.--Title IV of the McKinney-Vento Homeless Assistance
    Act (42 U.S.C. 11360 et seq.) is amended--
    (1) in section 401 (42 U.S.C. 11360)--
    (A) by redesignating paragraphs (10) through (33) as
    paragraphs (12) through (35), respectively;
    (B) by redesignating paragraphs (8) and (9) as
    paragraphs (9) and (10), respectively;
    (C) by inserting after paragraph (7) the following:
    ``(8) <>  Formula area.--The term
    `formula area' has the meaning given the term in section
    1000.302 of title 24, Code of Federal Regulations, or any
    successor regulation.'';
    (D) in paragraph (9), as so redesignated, by
    inserting ``a formula area,'' after ``nonentitlement
    area,''; and
    (E) by inserting after paragraph (10), as so
    redesignated, the following:

    [[Page 2166]]

    ``(11) Indian tribe.--The term `Indian Tribe' has the
    meaning given the term `Indian tribe' in section 4 of the Native
    American Housing Assistance and Self-Determination Act of 1996
    (25 U.S.C. 4103).''; and
    (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at
    the end the following:
    ``SEC. 435. <>  INDIAN TRIBES AND TRIBALLY
    DESIGNATED HOUSING ENTITIES.

    ``Notwithstanding any other provision of this title, for purposes of
    this subtitle, an Indian Tribe or tribally designated housing entity (as
    defined in section 4 of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4103)) may--
    ``(1) be a collaborative applicant or eligible entity; or
    ``(2) receive grant amounts from another entity that
    receives a grant directly from the Secretary, and use the
    amounts in accordance with this subtitle.''.

    (b) Technical and Conforming Amendment.--The table of contents in
    section 101(b) of the McKinney-Vento Homeless Assistance Act (Public Law
    100-77; 101 Stat. 482) is amended by inserting after the item relating
    to section 434 the following:

    ``Sec. 435. Indian Tribes and tribally designated housing entities.''.

    SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.

    (a) Definition of Family.--Subparagraph (A) of section 3(b)(3) of
    the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(3)(A)) is
    amended--
    (1) in the first sentence--
    (A) by striking ``(v)'' and inserting ``(vi)''; and
    (B) by inserting after ``tenant family,'' the
    following: ``(v) a youth described in section
    8(x)(2)(B),''; and
    (2) in the second sentence, by inserting ``or (vi)'' after
    ``clause (v)''.

    (b) Housing Choice Vouchers for Fostering Stable Housing
    Opportunities.--
    (1) Assistance for youth aging out of foster care.--Section
    8(x) of the United States Housing Act of 1937 (42 U.S.C.
    1437f(x)) is amended--
    (A) in paragraph (2), by inserting ``subject to
    paragraph (5),'' after ``(B)'';
    (B) in paragraph (3)--
    (i) By striking ``(3) Allocation.--The'' and
    inserting the following:
    ``(3) Allocation.--
    ``(A) In general.--The''; and
    (ii) by adding at the end the following new
    subparagraph:
    ``(B) Assistance for youth aging out of foster
    care.-- <> Notwithstanding any other
    provision of law, the Secretary shall, subject only to
    the availability of funds, allocate such assistance to
    any public housing agencies that (i) administer
    assistance pursuant to paragraph (2)(B), or seek to
    administer such assistance, consistent with procedures
    established by the Secretary, (ii) have requested such
    assistance so that they may provide timely assistance

    [[Page 2167]]

    to eligible youth, and (iii) have submitted to the
    Secretary a statement describing how the agency will
    connect assisted youths with local community resources
    and self-sufficiency services, to the extent they are
    available, and obtain referrals from public child
    welfare agencies regarding youths in foster care who
    become eligible for such assistance.'';
    (C) by redesignating paragraph (5) as paragraph (6);
    and
    (D) by inserting after paragraph (4) the following
    new paragraph:
    ``(5) Requirements for assistance for youth aging out of
    foster care.--Assistance provided under this subsection for an
    eligible youth pursuant to paragraph (2)(B) shall be subject to
    the following requirements:
    ``(A) Requirements to extend assistance.--
    ``(i) Participation in family self-
    sufficiency.--In the case of a public housing
    agency that is providing such assistance under
    this subsection on behalf of an eligible youth and
    that is carrying out a family self-sufficiency
    program under section 23, the agency shall,
    subject only to the availability of such
    assistance, extend the provision of such
    assistance for up to 24 months beyond the period
    referred to in paragraph (2)(B), but only during
    such period that the youth is in compliance with
    the terms and conditions applicable under section
    23 and the regulations implementing such section
    to a person participating in a family self-
    sufficiency program.
    ``(ii) Education, workforce development, or
    employment.--In the case <> of
    a public housing agency that is providing such
    assistance under this subsection on behalf of an
    eligible youth and that is not carrying out a
    family self-sufficiency program under section 23,
    or is carrying out such a program in which the
    youth has been unable to enroll, the agency shall,
    subject only to the availability of such
    assistance, extend the provision of such
    assistance for two successive 12-month periods,
    after the period referred to in paragraph (2)(B),
    but only if for not less than 9 months of the 12-
    month period preceding each such extension the
    youth was--
    ``(I) engaged in obtaining a
    recognized postsecondary credential or a
    secondary school diploma or its
    recognized equivalent;
    ``(II) enrolled in an institution of
    higher education, as such term is
    defined in section 101(a) of the Higher
    Education Act of 1965 (20 U.S.C.
    1001(a)) and including the institutions
    described in subparagraphs (A) and (B)
    of section 102(a)(1) of such Act (20
    U.S.C. 1002(a)(1)); or
    ``(III) participating in a career
    pathway, as such term is defined in
    section 3 of the Workforce Innovation
    and Opportunity Act (29 U.S.C. 3102).
    Notwithstanding any other provision of this
    clause, a public housing agency shall consider
    employment as satisfying the requirements under
    this subparagraph.

    [[Page 2168]]

    ``(iii) <>
    Exceptions.--Notwithstanding clauses (i) and (ii),
    a public housing agency that is providing such
    assistance under this subsection on behalf of an
    eligible youth shall extend the provision of such
    assistance for up to 24 months beyond the period
    referred to in paragraph (2)(B), and clauses (i)
    and (ii) of this subparagraph shall not apply, if
    the eligible youth certifies that he or she is--
    ``(I) a parent or other household
    member responsible for the care of a
    dependent child under the age of 6 or
    for the care of an incapacitated person;
    ``(II) a person who is regularly and
    actively participating in a drug
    addiction or alcohol treatment and
    rehabilitation program; or
    ``(III) a person who is incapable of
    complying with the requirement under
    clause (i) or (ii), as applicable, due
    to a documented medical condition.
    ``(iv) <>  Verification of
    compliance.--The Secretary shall require the
    public housing agency to verify compliance with
    the requirements under this subparagraph by each
    eligible youth on whose behalf the agency provides
    such assistance under this subsection on an annual
    basis in conjunction with reviews of income for
    purposes of determining income eligibility for
    such assistance.
    ``(B) Supportive services.--
    ``(i) Eligibility.--Each eligible youth on
    whose behalf such assistance under this subsection
    is provided shall be eligible for any supportive
    services (as such term is defined in section 3 of
    the Workforce Innovation and Opportunity Act (29
    U.S.C. 3102)) made available, in connection with
    any housing assistance program of the agency, by
    or through the public housing agency providing
    such assistance.
    ``(ii) Information.--Upon the initial
    provision of such assistance under this subsection
    on behalf of any eligible youth, the public
    housing agency shall inform such eligible youth of
    the existence of any programs or services referred
    to in clause (i) and of their eligibility for such
    programs and services.
    ``(C) Applicability to moving to work agencies.--
    Notwithstanding any other provision of law, the
    requirements of this paragraph shall apply to assistance
    under this subsection pursuant to paragraph (2)(B) made
    available by each public housing agency participating in
    the Moving to Work Program under section 204 of the
    Departments of Veterans Affairs and Housing and Urban
    Development, and Independent Agencies Appropriations
    Act, 1996 (42 U.S.C. 1437f note), except that in lieu of
    compliance with clause (i) or (ii) of subparagraph (A)
    of this paragraph, such an agency may comply with the
    requirements under such clauses by complying with such
    terms, conditions, and requirements as may be
    established by the agency for persons on whose behalf
    such rental assistance under this subsection is
    provided.

    [[Page 2169]]

    ``(D) Termination of vouchers upon turn-over.--A
    public housing agency shall not reissue any such
    assistance made available from appropriated funds when
    assistance for the youth initially assisted is
    terminated, unless specifically authorized by the
    Secretary.
    ``(E) Reports.--
    ``(i) <>  In general.--The
    Secretary shall require each public housing agency
    that provides such assistance under this
    subsection in any fiscal year to submit a report
    to the Secretary for such fiscal year that--
    ``(I) specifies the number of
    persons on whose behalf such assistance
    under this subsection was provided
    during such fiscal year;
    ``(II) specifies the number of
    persons who applied during such fiscal
    year for such assistance under this
    subsection, but were not provided such
    assistance, and provides a brief
    identification in each instance of the
    reason why the public housing agency was
    unable to award such assistance; and
    ``(III) describes how the public
    housing agency communicated or
    collaborated with public child welfare
    agencies to collect such data.
    ``(ii) Information collections.--The Secretary
    shall, to the greatest extent possible, utilize
    existing information collections, including the
    voucher management system (VMS), the Inventory
    Management System/PIH Information Center (IMS/
    PIC), or the successors of those systems, to
    collect information required under this
    subparagraph.
    ``(F) Consultation.--The Secretary shall consult
    with the Secretary of Health and Human Services to
    provide such information and guidance to the Secretary
    of Health and Human Services as may be necessary to
    facilitate such Secretary in informing States and public
    child welfare agencies on how to correctly and
    efficiently implement and comply with the requirements
    of this subsection relating to assistance provided
    pursuant to paragraph (2)(B).''.
    (2) Applicability to fostering stable housing opportunities
    program.--Subparagraph (A) of section 8(x)(4) of the United
    States Housing Act of 1937 (42 U.S.C. 1437f(x)(4)(A)) is amended
    by inserting before the semicolon at the end the following:
    ``and establishing a point of contact at public housing agencies
    to ensure that public housing agencies receive appropriate
    referrals regarding eligible recipients''.
    (3) PHA administrative fees.--Subsection (q) of section 8 of
    the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) is
    amended by adding at the end the following new paragraph:
    ``(5) Supplements for administering assistance for youth
    aging out of foster care.-- <> The
    Secretary may provide supplemental fees under this subsection to
    the public housing agency for the cost of administering any
    assistance for foster youth under subsection (x)(2)(B), in an
    amount determined by the Secretary, but only if the agency
    waives for such eligible youth receiving assistance any
    residency requirement that it has otherwise established pursuant
    to subsection (r)(1)(B)(i).''.

    (c) Exceptions to Limitations for Project-based Voucher
    Assistance.--

    [[Page 2170]]

    (1) Percentage limitation.--The first sentence of clause
    (ii) of section 8(o)(13)(B) of the United States Housing Act of
    1937 (42 U.S.C. 1437f(o)(13)(B)(ii)), as amended by section
    106(a)(2) of the Housing Opportunity Through Modernization Act
    of 2016 (Public Law 114-201), is further amended by inserting
    before ``or that'' the following: ``that house eligible youths
    receiving assistance pursuant to subsection (x)(2)(B),''.
    (2) Income-mixing requirement.--Subclause (I) of section
    8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42
    U.S.C. 1437f(o)(13)(D)(ii)(I)), as amended by section 106(a)(3)
    of the Housing Opportunity Through Modernization Act of 2016
    (Public Law 114-201), is further amended by inserting after
    ``elderly families'' the following: ``, to eligible youths
    receiving assistance pursuant to subsection (x)(2)(B),''.

    (d) <>  Applicability.--The amendments
    made by this section shall not apply to housing choice voucher
    assistance made available pursuant to section 8(x) of the United States
    Housing Act of 1937 (42 U.S.C. 1437f(x)) that is in use on behalf of an
    assisted family as of the date of the enactment of this Act.
    SEC. 104. <>  HOMELESS ASSISTANCE
    GRANTS.

    (a) <>  Renewal of Continuum of Care Projects.--
    In allocating and awarding amounts provided for the Continuum of Care
    program under subtitle C of title IV of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11381 et seq.), the Secretary of Housing and
    Urban Development shall renew for one 12-month period, without
    additional competition, all projects with existing grants expiring
    during calendar year 2021, including youth homelessness demonstration
    projects and shelter plus care projects expiring during calendar year
    2021, notwithstanding any inconsistent provisions in subtitle C of title
    IV of the McKinney-Vento Homeless Assistance Act or any other Act.

    (b) Planning and Unified Funding Agency Awards.--Continuum of Care
    planning and Unified Funding Agency awards expiring in calendar year
    2021 may also be renewed and the Continuum of Care may designate a new
    collaborative applicant to receive the award in accordance with the
    existing process established by the Secretary of Housing and Urban
    Development.
    (c) Notice.--The Secretary of Housing and Urban Development shall
    publish a notice that identifies and lists all projects and awards
    eligible for such noncompetitive renewal, prescribes the format and
    process by which the projects and awards from the list will be renewed,
    makes adjustments to the renewal amount based on changes to the fair
    market rent, and establishes a maximum amount for the renewal of
    planning and Unified Funding Agency awards notwithstanding the
    requirement that such maximum amount be established in a notice of
    funding availability.
    SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR INDIAN HOUSING.

    (a) <>  Findings.--Congress finds
    that--
    (1) the extended timelines for approving lenders'
    applications to participate in the program established under
    section 184 of the Housing and Community Development Act of 1992
    (12 U.S.C. 1715z-13a) are unacceptably long;
    (2) those extended timelines inhibit the ability of lenders
    to provide needed mortgage loans on Native American
    reservations; and

    [[Page 2171]]

    (3) it can take a significant amount of time for certain
    Bureau of Indian Affairs Land Title and Records Offices to issue
    final certified title status reports for mortgages issued on
    Indian trust land under section 184 of the Housing and Community
    Development Act of 1992 (12 U.S.C. 1715z-13a), which delays the
    guarantee of the loan by the Department of Housing and Urban
    Development.

    (b) Documentation Required for Indian Trust Land.--Section 184(c) of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a(c)) is amended by adding at the end the following:
    ``(5) Trailing documents.--
    ``(A) In general.--The Secretary may issue a
    certificate of guarantee under this subsection for a
    loan involving a security interest in Indian trust land
    before the Secretary receives the trailing documents
    required by the Secretary from the Bureau of Indian
    Affairs, including the final certified title status
    report showing the recordation by the Bureau of Indian
    Affairs of the mortgage relating to the loan, if the
    originating lender agrees to indemnify the Secretary for
    any losses that may result when--
    ``(i) a claim payment is presented to the
    Secretary due to the default of the borrower on
    the loan; and
    ``(ii) the required trailing documents are
    outstanding.
    ``(B) Termination of indemnification agreement.--An
    indemnification agreement between an originating lender
    and the Secretary described in subparagraph (A) shall
    only terminate upon receipt by the Secretary of the
    trailing documents described in that subparagraph in a
    form and manner that is acceptable to the Secretary.
    ``(C) Rule of construction.--Nothing in this
    paragraph shall be construed as authorizing the Bureau
    of Indian Affairs to delay the issuance of a final
    certified title status report and recorded mortgage
    relating to a loan closed on Indian trust land.''.

    (c) <>  Reporting.--The Secretary of
    Housing and Urban Development shall--
    (1) report to the Committee on Banking, Housing, and Urban
    Affairs and the Committee on Indian Affairs of the Senate and
    the Committee on Financial Services and the Committee on Natural
    Resources of the House of Representatives on a semi-annual basis
    on the progress that the Secretary is making to accelerate the
    processing of loan applications on fee simple and Indian trust
    land under section 184 of the Housing and Community Development
    Act of 1992 (12 U.S.C. 1715z-13a); and
    (2) if there is no improvement in accelerating those
    processing timelines, submit to the committees described in
    paragraph (1) a report explaining the lack of improvement.
    SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE UPON INVESTMENT
    RESEARCH INTO SMALL ISSUERS.

    (a) <>  Study Required.--The Securities and
    Exchange Commission shall conduct a study to evaluate the issues
    affecting the provision of and reliance upon investment research into
    small

    [[Page 2172]]

    issuers, including emerging growth companies and companies considering
    initial public offerings.

    (b) Contents of Study.--The study required under subsection (a)
    shall consider--
    (1) factors related to the demand for such research by
    institutional and retail investors;
    (2) the availability of such research, including--
    (A) the number and types of firms who provide such
    research;
    (B) the volume of such research over time; and
    (C) competition in the research market;
    (3) conflicts of interest relating to the production and
    distribution of investment research;
    (4) the costs of such research;
    (5) the impacts of different payment mechanisms for
    investment research into small issuers, including whether such
    research is paid for by--
    (A) hard-dollar payments from research clients;
    (B) payments directed from the client's commission
    income (i.e., ``soft dollars''); or
    (C) payments from the issuer that is the subject of
    such research;
    (6) any unique challenges faced by minority-owned, women-
    owned, and veteran-owned small issuers in obtaining research
    coverage; and
    (7) the impact on the availability of research coverage for
    small issuers due to--
    (A) investment adviser concentration and
    consolidation, including any potential impacts of fund-
    size on demand for investment research of small issuers;
    (B) broker and dealer concentration and
    consolidation, including any relationships between the
    size of the firm and allocation of resources for
    investment research into small issuers;
    (C) Securities and Exchange Commission rules;
    (D) registered national securities association
    rules;
    (E) State and Federal liability concerns;
    (F) the settlement agreements referenced in
    Securities and Exchange Commission Litigation Release
    No. 18438 (i.e., the ``Global Research Analyst
    Settlement''); and
    (G) Directive 2014/65/EU of the European Parliament
    and of the Council of 15 May 2014 on markets in
    financial instruments and amending Directive 2002/92/EC
    and Directive 2011/61/EU, as implemented by the European
    Union (``EU'') member states (``MiFID II'').

    (c) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Securities and Exchange Commission shall
    submit to Congress a report that includes--
    (1) the results of the study required by subsection (a); and
    (2) <>  recommendations to
    increase the demand for, volume of, and quality of investment
    research into small issuers, including emerging growth companies
    and companies considering initial public offerings.

    [[Page 2173]]

    SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO DIVERSIFIED
    COMPANIES.

    (a) In General.--The Securities and Exchange Commission shall carry
    out a study of the 10 per centum threshold limitation applicable to the
    definition of a diversified company under section 5(b)(1) of the
    Investment Company Act of 1940 (15 U.S.C. 80a-5(b)(1)) and determine the
    impacts of such threshold limits upon the protection of investors,
    efficiency, competition, and capital formation.
    (b) Considerations.--In carrying out the study required under
    subsection (a), the Commission shall consider the following:
    (1) The size and number of diversified companies that are
    currently restricted in their ability to own more than 10
    percent of the voting shares in an individual company.
    (2) How the investing preferences of diversified companies
    have shifted over time with respect to companies with smaller
    market capitalizations and companies in industries where
    competition may be limited.
    (3) The expected impact to small and emerging growth
    companies regarding the availability of capital, related impacts
    on investor confidence and risk, and impacts on competition, if
    the threshold is increased or otherwise changed.
    (4) The ability of registered funds to manage liquidity
    risk.
    (5) Any other consideration that the Commission considers
    necessary and appropriate for the protection of investors.

    (c) Solicitation of Public Comments.--In carrying out the study
    required under subsection (a), the Commission may solicit public
    comments.
    (d) <>
    Report.--Not later than the end of the 180-day period beginning on the
    date of enactment of this Act, the Commission shall issue a report to
    the Congress, and make such report publicly available on the website of
    the Commission, containing--
    (1) all findings and determinations made in carrying out the
    study required under subsection (a); and
    (2) <>  any legislative
    recommendations of the Commission.
    SEC. 108. <>  CYBERSECURITY AND FINANCIAL
    SYSTEM RESILIENCE REPORT.

    (a) In General.--Not later than the end of the 180-day period
    beginning on the date of enactment of this Act, and annually thereafter,
    each banking regulator shall submit a report to the Committee on
    Financial Services of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate that provides a
    detailed explanation of measures undertaken to strengthen cybersecurity
    within the financial services sector and with respect to the functions
    of the regulator, including the supervision and regulation of financial
    institutions and, where applicable, third-party service providers. Each
    such report shall specifically include a detailed analysis of--
    (1) policies and procedures (including those described under
    section 3554(b) of title 44, United States Code) to detect,
    defend against, and respond to--
    (A) efforts to deny access to or degrade, disrupt,
    or destroy any information and communications technology
    system or network, or exfiltrate information from such a
    system or network without authorization;

    [[Page 2174]]

    (B) destructive malware attacks;
    (C) denial of service activities; and
    (D) any other efforts that may threaten the
    functions of the banking regulator or entities overseen
    by the regulator by undermining cybersecurity and the
    resilience of the financial system;
    (2) activities to ensure the effective implementation of
    policies and procedures described under paragraph (1),
    including--
    (A) the appointment of qualified staff, the
    provision of staff training, the use of accountability
    measures to support staff performance, and the
    designation, if any, of senior appointed leadership to
    strengthen accountability for oversight of cybersecurity
    measures within each banking regulator and among
    regulated entities;
    (B) deployment of adequate resources and
    technologies;
    (C) efforts of the banking regulators to respond to
    cybersecurity-related findings and recommendations of
    the Inspector General of the banking regulator or the
    independent evaluation described under section 3555 of
    title 42, United States Code;
    (D) industry efforts to respond to cybersecurity-
    related findings and recommendations of the banking
    regulators;
    (E) as appropriate, efforts to strengthen
    cybersecurity in coordination with other Federal
    departments and agencies, domestic and foreign financial
    institutions, and other partners, including the
    development and dissemination of best practices
    regarding cybersecurity and the sharing of threat
    information; and
    (3) any current or emerging threats that are likely to pose
    a risk to the resilience of the financial system.

    (b) Form of Report.--The report required under subsection (a) shall
    be submitted in unclassified form, but may include a classified annex,
    if appropriate.
    (c) Congressional Briefing.--Upon request, the head of each banking
    regulator shall provide a detailed briefing to the appropriate Members
    of Congress on each report submitted pursuant to subsection (a),
    except--
    (1) the Chairman of the Board of Governors of the Federal
    Reserve System may designate another member of the Board of
    Governors of the Federal Reserve System to provide such
    briefing;
    (2) the Chairperson of the Federal Deposit Insurance
    Corporation may designate another member of the Board of
    Directors of the Corporation to provide such briefing; and
    (3) the Chairman of the National Credit Union Administration
    may designate another member of the National Credit Union
    Administration Board to provide such briefing.

    (d) Definitions.--For the purposes of this section:
    (1) Appropriate members of congress.--The term ``appropriate
    Members of Congress'' means the following:
    (A) The Chairman and Ranking Member of the Committee
    on Financial Services of the House of Representatives.
    (B) The Chairman and Ranking Member of the Committee
    on Banking, Housing, and Urban Affairs of the Senate.

    [[Page 2175]]

    (2) Banking regulator.--The term ``banking regulator'' means
    the Board of Governors of the Federal Reserve System, the
    Comptroller of the Currency, the Federal Deposit Insurance
    Corporation, and the National Credit Union Administration.
    (3) Senior appointed leadership.--With respect to a banking
    regulator, the term ``senior appointed leadership'' means a
    position that requires Senate confirmation.

    (e) Sunset.--The provisions of this section shall have no force or
    effect on or after the date that is 7 years after the date of enactment
    of this Act.

    TITLE II--INTELLECTUAL PROPERTY

    Subtitle A--Copyrights

    SEC. 211. UNAUTHORIZED STREAMING.

    (a) Amendment.--Chapter 113 of title 18, United States Code, is
    amended by inserting after section 2319B the following:
    ``Sec. 2319C. <>  Illicit digital
    transmission services

    ``(a) Definitions.--In this section--
    ``(1) the terms `audiovisual work', `computer program',
    `copies', `copyright owner', `digital transmission', `financial
    gain', `motion picture', `motion picture exhibition facility',
    `perform', `phonorecords', `publicly' (with respect to
    performing a work), `sound recording', and `transmit' have the
    meanings given those terms in section 101 of title 17;
    ``(2) the term `digital transmission service' means a
    service that has the primary purpose of publicly performing
    works by digital transmission;
    ``(3) the terms `publicly perform' and `public performance'
    refer to the exclusive rights of a copyright owner under
    paragraphs (4) and (6) of section 106 (relating to exclusive
    rights in copyrighted works) of title 17, as limited by sections
    107 through 122 of title 17; and
    ``(4) the term `work being prepared for commercial public
    performance' means--
    ``(A) a computer program, a musical work, a motion
    picture or other audiovisual work, or a sound recording,
    if, at the time of unauthorized public performance--
    ``(i) the copyright owner has a reasonable
    expectation of commercial public performance; and
    ``(ii) the copies or phonorecords of the work
    have not been commercially publicly performed in
    the United States by or with the authorization of
    the copyright owner; or
    ``(B) a motion picture, if, at the time of
    unauthorized public performance, the motion picture--
    ``(i)(I) has been made available for viewing
    in a motion picture exhibition facility; and
    ``(II) has not been made available in copies
    for sale to the general public in the United
    States by or with the authorization of the
    copyright owner in a format intended to permit
    viewing outside a motion picture exhibition
    facility; or

    [[Page 2176]]

    ``(ii) had not been commercially publicly
    performed in the United States by or with the
    authorization of the copyright owner more than 24
    hours before the unauthorized public performance.

    ``(b) Prohibited Act.--It shall be unlawful for a person to
    willfully, and for purposes of commercial advantage or private financial
    gain, offer or provide to the public a digital transmission service
    that--
    ``(1) is primarily designed or provided for the purpose of
    publicly performing works protected under title 17 by means of a
    digital transmission without the authority of the copyright
    owner or the law;
    ``(2) has no commercially significant purpose or use other
    than to publicly perform works protected under title 17 by means
    of a digital transmission without the authority of the copyright
    owner or the law; or
    ``(3) is intentionally marketed by or at the direction of
    that person to promote its use in publicly performing works
    protected under title 17 by means of a digital transmission
    without the authority of the copyright owner or the law.

    ``(c) Penalties.--Any person who violates subsection (b) shall be,
    in addition to any penalties provided for under title 17 or any other
    law--
    ``(1) fined under this title, imprisoned not more than 3
    years, or both;
    ``(2) fined under this title, imprisoned not more than 5
    years, or both, if--
    ``(A) the offense was committed in connection with 1
    or more works being prepared for commercial public
    performance; and
    ``(B) the person knew or should have known that the
    work was being prepared for commercial public
    performance; and
    ``(3) fined under this title, imprisoned not more than 10
    years, or both, if the offense is a second or subsequent offense
    under this section or section 2319(a).

    ``(d) Rule of Construction.--Nothing in this section shall be
    construed to--
    ``(1) affect the interpretation of any other provision of
    civil copyright law, including the limitations of liability set
    forth in section 512 of title 17, or principles of secondary
    liability; or
    ``(2) prevent any Federal or State authority from enforcing
    cable theft or theft of service laws that are not subject to
    preemption under section 301 of title 17.''.

    (b) Table of Sections Amendment.--The table of section for chapter
    113 of title 18, United States Code, <>  is
    amended by inserting after the item relating to section 2319B the
    following:

    ``2319C. Illicit digital transmission services.''.

    SEC. 212. <>  COPYRIGHT
    SMALL CLAIMS.

    (a) <>  Short Title.--This section may be
    cited as the ``Copyright Alternative in Small-Claims Enforcement Act of
    2020'' or the ``CASE Act of 2020''.

    (b) Amendment.--Title 17, United States Code, is amended by adding
    at the end the following:

    [[Page 2177]]

    ``CHAPTER 15-- <> COPYRIGHT SMALL CLAIMS

    ``1501. Definitions.
    ``1502. Copyright Claims Board.
    ``1503. Authority and duties of the Copyright Claims Board.
    ``1504. Nature of proceedings.
    ``1505. Registration requirement.
    ``1506. Conduct of proceedings.
    ``1507. Effect of proceeding.
    ``1508. Review and confirmation by district court.
    ``1509. Relationship to other district court actions.
    ``1510. Implementation by Copyright Office.
    ``1511. Funding.

    ``Sec. 1501. <>  Definitions

    ``In this chapter--
    ``(1) the term `claimant' means the real party in interest
    that commences a proceeding before the Copyright Claims Board
    under section 1506(e), pursuant to a permissible claim of
    infringement brought under section 1504(c)(1), noninfringement
    brought under section 1504(c)(2), or misrepresentation brought
    under section 1504(c)(3);
    ``(2) the term `counterclaimant' means a respondent in a
    proceeding before the Copyright Claims Board that--
    ``(A) asserts a permissible counterclaim under
    section 1504(c)(4) against the claimant in the
    proceeding; and
    ``(B) is the real party in interest with respect to
    the counterclaim described in subparagraph (A);
    ``(3) the term `party'--
    ``(A) means a party; and
    ``(B) includes the attorney of a party, as
    applicable; and
    ``(4) the term `respondent' means any person against whom a
    proceeding is brought before the Copyright Claims Board under
    section 1506(e), pursuant to a permissible claim of infringement
    brought under section 1504(c)(1), noninfringement brought under
    section 1504(c)(2), or misrepresentation brought under section
    1504(c)(3).
    ``Sec. 1502. <>  Copyright Claims Board

    ``(a) <>  In General.--There is established in
    the Copyright Office the Copyright Claims Board, which shall serve as an
    alternative forum in which parties may voluntarily seek to resolve
    certain copyright claims regarding any category of copyrighted work, as
    provided in this chapter.

    ``(b) Officers and Staff.--
    ``(1) <>  Copyright claims
    officers.--The Register of Copyrights shall recommend 3 full-
    time Copyright Claims Officers to serve on the Copyright Claims
    Board in accordance with paragraph
    (3)(A). <> The Officers shall
    be appointed by the Librarian of Congress to such positions
    after consultation with the Register of Copyrights.
    ``(2) Copyright claims attorneys.--The Register of
    Copyrights shall hire not fewer than 2 full-time Copyright
    Claims Attorneys to assist in the administration of the
    Copyright Claims Board.
    ``(3) Qualifications.--
    ``(A) Copyright claims officers.--

    [[Page 2178]]

    ``(i) In general.--Each Copyright Claims
    Officer shall be an attorney who has not fewer
    than 7 years of legal experience.
    ``(ii) Experience.--Two of the Copyright
    Claims Officers shall--
    ``(I) have substantial experience in
    the evaluation, litigation, or
    adjudication of copyright infringement
    claims; and
    ``(II) between those 2 Officers,
    have represented or presided over a
    diversity of copyright interests,
    including those of both owners and users
    of copyrighted works.
    ``(iii) Alternative dispute resolution.--The
    Copyright Claims Officer not described in clause
    (ii) shall have substantial familiarity with
    copyright law and experience in the field of
    alternative dispute resolution, including the
    resolution of litigation matters through that
    method of resolution.
    ``(B) Copyright claims attorneys.--Each Copyright
    Claims Attorney shall be an attorney who has not fewer
    than 3 years of substantial experience in copyright law.
    ``(4) Compensation.--
    ``(A) Copyright claims officers.--
    ``(i) Definition.--In this subparagraph, the
    term `senior level employee of the Federal
    Government' means an employee, other than an
    employee in the Senior Executive Service, the
    position of whom is classified above GS-15 of the
    General Schedule.
    ``(ii) Pay range.--Each Copyright Claims
    Officer shall be compensated at a rate of pay that
    is not less than the minimum, and not more than
    the maximum, rate of pay payable for senior level
    employees of the Federal Government, including
    locality pay, as applicable.
    ``(B) Copyright claims attorneys.--Each Copyright
    Claims Attorney shall be compensated at a rate of pay
    that is not more than the maximum rate of pay payable
    for level 10 of GS-15 of the General Schedule, including
    locality pay, as applicable.
    ``(5) Terms.--
    ``(A) In general.--Subject to subparagraph (B), a
    Copyright Claims Officer shall serve for a renewable
    term of 6 years.
    ``(B) Initial terms.--The terms for the first
    Copyright Claims Officers appointed under this chapter
    shall be as follows:
    ``(i) The first such Copyright Claims Officer
    appointed shall be appointed for a term of 4
    years.
    ``(ii) The second Copyright Claims Officer
    appointed shall be appointed for a term of 5
    years.
    ``(iii) The third Copyright Claims Officer
    appointed shall be appointed for a term of 6
    years.
    ``(6) Vacancies and incapacity.--
    ``(A) Vacancy.--
    ``(i) <>  In general.--If a vacancy
    occurs in the position of a Copyright Claims
    Officer, the Librarian of Congress shall, upon the
    recommendation of, and in

    [[Page 2179]]

    consultation with, the Register of Copyrights, act
    expeditiously to appoint a Copyright Claims
    Officer for that position.
    ``(ii) Vacancy before expiration.--An
    individual appointed to fill a vacancy occurring
    before the expiration of the term for which the
    predecessor of the individual was appointed shall
    be appointed to serve a 6-year term.
    ``(B) <>  Incapacity.--If a
    Copyright Claims Officer is temporarily unable to
    perform the duties of the Officer, the Librarian of
    Congress shall, upon recommendation of, and in
    consultation with, the Register of Copyrights, act
    expeditiously to appoint an interim Copyright Claims
    Officer to perform such duties during the period of such
    incapacity.
    ``(7) Sanction or removal.--Subject to section 1503(b), the
    Librarian of Congress may sanction or remove a Copyright Claims
    Officer.
    ``(8) Administrative support.--The Register of Copyrights
    shall provide the Copyright Claims Officers and Copyright Claims
    Attorneys with necessary administrative support, including
    technological facilities, to carry out the duties of the
    Officers and Attorneys under this chapter.
    ``(9) Location of copyright claims board.--The offices and
    facilities of the Copyright Claims Officers and Copyright Claims
    Attorneys shall be located at the Copyright Office.
    ``Sec. 1503. <> Authority and duties of the
    Copyright Claims Board

    ``(a) Functions.--
    ``(1) Copyright claims officers.--Subject to the provisions
    of this chapter and applicable regulations, the functions of the
    Copyright Claims Officers shall be as follows:
    ``(A) <>  To render
    determinations on the civil copyright claims,
    counterclaims, and defenses that may be brought before
    the Officers under this chapter.
    ``(B) To ensure that claims, counterclaims, and
    defenses are properly asserted and otherwise appropriate
    for resolution by the Copyright Claims Board.
    ``(C) To manage the proceedings before the Officers
    and render rulings pertaining to the consideration of
    claims, counterclaims, and defenses, including with
    respect to scheduling, discovery, evidentiary, and other
    matters.
    ``(D) To request, from participants and
    nonparticipants in a proceeding, the production of
    information and documents relevant to the resolution of
    a claim, counterclaim, or defense.
    ``(E) To conduct hearings and conferences.
    ``(F) To facilitate the settlement by the parties of
    claims and counterclaims.
    ``(G) To--
    ``(i) award monetary relief; and
    ``(ii) <>  include in the
    determinations of the Officers a requirement that
    certain activities under section 1504(e)(2) cease
    or be mitigated, if the party to undertake the
    applicable measure has so agreed.

    [[Page 2180]]

    ``(H) <>  To provide
    information to the public concerning the procedures and
    requirements of the Copyright Claims Board.
    ``(I) <>  To maintain records of the proceedings
    before the Officers, certify official records of such
    proceedings as needed, and, as provided in section
    1506(t), make the records in such proceedings available
    to the public.
    ``(J) To carry out such other duties as are set
    forth in this chapter.
    ``(K) When not engaged in performing the duties of
    the Officers set forth in this chapter, to perform such
    other duties as may be assigned by the Register of
    Copyrights.
    ``(2) Copyright claims attorneys.--Subject to the provisions
    of this chapter and applicable regulations, the functions of the
    Copyright Claims Attorneys shall be as follows:
    ``(A) To provide assistance to the Copyright Claims
    Officers in the administration of the duties of those
    Officers under this chapter.
    ``(B) To provide assistance to members of the public
    with respect to the procedures and requirements of the
    Copyright Claims Board.
    ``(C) To provide information to potential claimants
    contemplating bringing a permissible action before the
    Copyright Claims Board about obtaining a subpoena under
    section 512(h) for the sole purpose of identifying a
    potential respondent in such an action.
    ``(D) When not engaged in performing the duties of
    the Attorneys set forth in this chapter, to perform such
    other duties as may be assigned by the Register of
    Copyrights.

    ``(b) Independence in Determinations.--
    ``(1) In general.--The Copyright Claims Board shall render
    the determinations of the Board in individual proceedings
    independently on the basis of the records in the proceedings
    before it and in accordance with the provisions of this title,
    judicial precedent, and applicable regulations of the Register
    of Copyrights.
    ``(2) Consultation.--The Copyright Claims Officers and
    Copyright Claims Attorneys--
    ``(A) may consult with the Register of Copyrights on
    general issues of law; and
    ``(B) subject to section 1506(x), may not consult
    with the Register of Copyrights with respect to--
    ``(i) the facts of any particular matter
    pending before the Officers and the Attorneys; or
    ``(ii) the application of law to the facts
    described in clause (i).
    ``(3) Performance appraisals.--Notwithstanding any other
    provision of law or any regulation or policy of the Library of
    Congress or Register of Copyrights, any performance appraisal of
    a Copyright Claims Officer or Copyright Claims Attorney may not
    consider the substantive result of any individual determination
    reached by the Copyright Claims Board as a basis for appraisal
    except to the extent that the result may relate to any actual or
    alleged violation of an ethical standard of conduct.

    [[Page 2181]]

    ``(c) Direction by Register.--Subject to subsection (b), the
    Copyright Claims Officers and Copyright Claims Attorneys shall, in the
    administration of their duties, be under the general direction of the
    Register of Copyrights.
    ``(d) Inconsistent Duties Barred.--A Copyright Claims Officer or
    Copyright Claims Attorney may not undertake any duty that conflicts with
    the duties of the Officer or Attorney in connection with the Copyright
    Claims Board.
    ``(e) Recusal.--A Copyright Claims Officer or Copyright Claims
    Attorney shall recuse himself or herself from participation in any
    proceeding with respect to which the Copyright Claims Officer or
    Copyright Claims Attorney, as the case may be, has reason to believe
    that he or she has a conflict of interest.
    ``(f) Ex Parte Communications.--Except as may otherwise be permitted
    by applicable law, any party to a proceeding before the Copyright Claims
    Board shall refrain from ex parte communications with the Copyright
    Claims Officers and the Register of Copyrights concerning the substance
    of any active or pending proceeding before the Copyright Claims Board.
    ``(g) Judicial Review.--Actions of the Copyright Claims Officers and
    Register of Copyrights under this chapter in connection with the
    rendering of any determination are subject to judicial review as
    provided under section 1508(c) and not under chapter 7 of title 5.
    ``Sec. 1504. <>  Nature of proceedings

    ``(a) Voluntary Participation.--Participation in a Copyright Claims
    Board proceeding shall be on a voluntary basis in accordance with this
    chapter, and the right of any party to instead pursue a claim,
    counterclaim, or defense in a district court of the United States, any
    other court, or any other forum, and to seek a jury trial, shall be
    preserved. The rights, remedies, and limitations under this section may
    not be waived except in accordance with this chapter.
    ``(b) Statute of Limitations.--
    ``(1) <>  In general.--A proceeding may not
    be maintained before the Copyright Claims Board unless the
    proceeding is commenced, in accordance with section 1506(e),
    before the Copyright Claims Board not later than 3 years after
    the claim accrued.
    ``(2) Tolling.--Subject to section 1507(a), a proceeding
    commenced before the Copyright Claims Board shall toll the time
    permitted under section 507(b) for the commencement of an action
    on the same claim in a district court of the United States
    during the period in which the proceeding is pending.

    ``(c) Permissible Claims, Counterclaims, and Defenses.--The
    Copyright <> Claims Board may render
    determinations with respect to the following claims, counterclaims, and
    defenses, subject to such further limitations and requirements,
    including with respect to particular classes of works, as may be set
    forth in regulations established by the Register of Copyrights:
    ``(1) A claim for infringement of an exclusive right in a
    copyrighted work provided under section 106 by the legal or
    beneficial owner of the exclusive right at the time of the
    infringement for which the claimant seeks damages, if any,
    within the limitations set forth in subsection (e)(1).

    [[Page 2182]]

    ``(2) A claim for a declaration of noninfringement of an
    exclusive right in a copyrighted work provided under section
    106, consistent with section 2201 of title 28.
    ``(3) A claim under section 512(f) for misrepresentation in
    connection with a notification of claimed infringement or a
    counter notification seeking to replace removed or disabled
    material, except that any remedies relating to such a claim in a
    proceeding before the Copyright Claims Board shall be limited to
    those available under this chapter.
    ``(4) A counterclaim that is asserted solely against the
    claimant in a proceeding--
    ``(A) pursuant to which the counterclaimant seeks
    damages, if any, within the limitations set forth in
    subsection (e)(1); and
    ``(B) that--
    ``(i) arises under section 106 or section
    512(f) and out of the same transaction or
    occurrence that is the subject of a claim of
    infringement brought under paragraph (1), a claim
    of noninfringement brought under paragraph (2), or
    a claim of misrepresentation brought under
    paragraph (3); or
    ``(ii) arises under an agreement pertaining to
    the same transaction or occurrence that is the
    subject of a claim of infringement brought under
    paragraph (1), if the agreement could affect the
    relief awarded to the claimant.
    ``(5) A legal or equitable defense under this title or
    otherwise available under law, in response to a claim or
    counterclaim asserted under this subsection.
    ``(6) A single claim or multiple claims permitted under
    paragraph (1), (2), or (3) by 1 or more claimants against 1 or
    more respondents, but only if all claims asserted in any 1
    proceeding arise out of the same allegedly infringing activity
    or continuous course of infringing activities and do not, in the
    aggregate, result in the recovery of such claim or claims for
    damages that exceed the limitations under subsection (e)(1).

    ``(d) Excluded Claims.--The following claims and counterclaims are
    not subject to determination by the Copyright Claims Board:
    ``(1) A claim or counterclaim that is not a permissible
    claim or counterclaim under subsection (c).
    ``(2) A claim or counterclaim that has been finally
    adjudicated by a court of competent jurisdiction or that is
    pending before a court of competent jurisdiction, unless that
    court has granted a stay to permit that claim or counterclaim to
    proceed before the Copyright Claims Board.
    ``(3) A claim or counterclaim by or against a Federal or
    State governmental entity.
    ``(4) A claim or counterclaim asserted against a person or
    entity residing outside of the United States, except in a case
    in which the person or entity initiated the proceeding before
    the Copyright Claims Board and is subject to counterclaims under
    this chapter.

    ``(e) Permissible Remedies.--
    ``(1) Monetary recovery.--
    ``(A) Actual damages, profits, and statutory damages
    for infringement.--With respect to a claim or

    [[Page 2183]]

    counterclaim for infringement of copyright, and subject
    to the limitation on total monetary recovery under
    subparagraph (D), the Copyright Claims Board may award
    either of the following:
    ``(i) Actual damages and profits determined in
    accordance with section 504(b), with that award
    taking into consideration, in appropriate cases,
    whether the infringing party has agreed to cease
    or mitigate the infringing activity under
    paragraph (2).
    ``(ii) Statutory damages, which shall be
    determined in accordance with section 504(c),
    subject to the following conditions:
    ``(I) With respect to works timely
    registered under section 412, so that
    the works are eligible for an award of
    statutory damages in accordance with
    that section, the statutory damages may
    not exceed $15,000 for each work
    infringed.
    ``(II) With respect to works not
    timely registered under section 412, but
    eligible for an award of statutory
    damages under this section, statutory
    damages may not exceed $7,500 per work
    infringed, or a total of $15,000 in any
    1 proceeding.
    ``(III) The Copyright Claims Board
    may not make any finding that, or
    consider whether, the infringement was
    committed willfully in making an award
    of statutory damages.
    ``(IV) The Copyright Claims Board
    may consider, as an additional factor in
    awarding statutory damages, whether the
    infringer has agreed to cease or
    mitigate the infringing activity under
    paragraph (2).
    ``(B) Election of damages.--With respect to a claim
    or counterclaim of infringement, at any time before
    final determination is rendered, and notwithstanding the
    schedule established by the Copyright Claims Board under
    section 1506(k), the claimant or counterclaimant shall
    elect--
    ``(i) to recover actual damages and profits or
    statutory damages under subparagraph (A); or
    ``(ii) not to recover damages.
    ``(C) Damages for other claims.--Damages for claims
    and counterclaims other than infringement claims, such
    as those brought under section 512(f), shall be subject
    to the limitation under subparagraph (D).
    ``(D) Limitation on total monetary recovery.--
    Notwithstanding any other provision of law, a party that
    pursues any 1 or more claims or counterclaims in any
    single proceeding before the Copyright Claims Board may
    not seek or recover in that proceeding a total monetary
    recovery that exceeds the sum of $30,000, exclusive of
    any attorneys' fees and costs that may be awarded under
    section 1506(y)(2).
    ``(2) <>  Agreement to
    cease certain activity.--In a determination of the Copyright
    Claims Board, the Board shall include a requirement to cease
    conduct if, in the proceeding relating to the determination--
    ``(A) a party agrees--

    [[Page 2184]]

    ``(i) to cease activity that is found to be
    infringing, including removing or disabling access
    to, or destroying, infringing materials; or
    ``(ii) to cease sending a takedown notice or
    counter notice under section 512 to the other
    party regarding the conduct at issue before the
    Board if that notice or counter notice was found
    to be a knowing material misrepresentation under
    section 512(f); and
    ``(B) <>  the agreement described in
    subparagraph (A) is reflected in the record for the
    proceeding.
    ``(3) Attorneys' fees and costs.--Notwithstanding any other
    provision of law, except in the case of bad faith conduct as
    provided in section 1506(y)(2), the parties to proceedings
    before the Copyright Claims Board shall bear their own
    attorneys' fees and costs.

    ``(f) Joint and Several Liability.--Parties to a proceeding before
    the Copyright Claims Board may be found jointly and severally liable if
    all such parties and relevant claims or counterclaims arise from the
    same activity or activities.
    ``(g) Permissible Number of Cases.--The Register of Copyrights may
    establish regulations relating to the permitted number of proceedings
    each year by the same claimant under this chapter, in the interests of
    justice and the administration of the Copyright Claims Board.
    ``Sec. 1505. <>  Registration requirement

    ``(a) Application or Certificate.--A claim or counterclaim alleging
    infringement of an exclusive right in a copyrighted work may not be
    asserted before the Copyright Claims Board unless--
    ``(1) the legal or beneficial owner of the copyright has
    first delivered a completed application, a deposit, and the
    required fee for registration of the copyright to the Copyright
    Office; and
    ``(2) a registration certificate has either been issued or
    has not been refused.

    ``(b) Certificate of Registration.--Notwithstanding any other
    provision of law, a claimant or counterclaimant in a proceeding before
    the Copyright Claims Board shall be eligible to recover actual damages
    and profits or statutory damages under this chapter for infringement of
    a work if the requirements of subsection (a) have been met, except
    that--
    ``(1) <>  the Copyright Claims Board
    may not render a determination in the proceeding until--
    ``(A) a registration certificate with respect to the
    work has been issued by the Copyright Office, submitted
    to the Copyright Claims Board, and made available to the
    other parties to the proceeding; and
    ``(B) the other parties to the proceeding have been
    provided an opportunity to address the registration
    certificate;
    ``(2) <>  if the proceeding may
    not proceed further because a registration certificate for the
    work is pending, the proceeding shall be held in abeyance
    pending submission of the certificate to the Copyright Claims
    Board, except that, if the proceeding is held in abeyance for
    more than 1 year, the Copyright Claims Board may, upon providing
    written notice to the parties to

    [[Page 2185]]

    the proceeding, and 30 days to the parties to respond to the
    notice, dismiss the proceeding without prejudice; and
    ``(3) if the Copyright Claims Board receives notice that
    registration with respect to the work has been refused, the
    proceeding shall be dismissed without prejudice.

    ``(c) <>  Presumption.--In a case in
    which a registration certificate shows that registration with respect to
    a work was issued not later than 5 years after the date of the first
    publication of the work, the presumption under section 410(c) shall
    apply in a proceeding before the Copyright Claims Board, in addition to
    relevant principles of law under this title.

    ``(d) Regulations.--In order to ensure that actions before the
    Copyright Claims Board proceed in a timely manner, the Register of
    Copyrights shall establish regulations allowing the Copyright Office to
    make a decision, on an expedited basis, to issue or deny copyright
    registration for an unregistered work that is at issue before the Board.
    ``Sec. 1506. <>  Conduct of proceedings

    ``(a) In General.--
    ``(1) <>  Applicable law.--Proceedings
    of the Copyright Claims Board shall be conducted in accordance
    with this chapter and regulations established by the Register of
    Copyrights under this chapter, in addition to relevant
    principles of law under this title.
    ``(2) <>  Conflicting precedent.--If
    it appears that there may be conflicting judicial precedent on
    an issue of substantive copyright law that cannot be reconciled,
    the Copyright Claims Board shall follow the law of the Federal
    jurisdiction in which the action could have been brought if
    filed in a district court of the United States, or, if the
    action could have been brought in more than 1 such jurisdiction,
    the jurisdiction that the Copyright Claims Board determines has
    the most significant ties to the parties and conduct at issue.

    ``(b) Record.--The Copyright Claims Board shall maintain records
    documenting the proceedings before the Board.
    ``(c) Centralized Process.--Proceedings before the Copyright Claims
    Board shall--
    ``(1) be conducted at the offices of the Copyright Claims
    Board without the requirement of in-person appearances by
    parties or others; and
    ``(2) take place by means of written submissions, hearings,
    and conferences carried out through internet-based applications
    and other telecommunications facilities, except that, in cases
    in which physical or other nontestimonial evidence material to a
    proceeding cannot be furnished to the Copyright Claims Board
    through available telecommunications facilities, the Copyright
    Claims Board may make alternative arrangements for the
    submission of such evidence that do not prejudice any other
    party to the proceeding.

    ``(d) Representation.--A party to a proceeding before the Copyright
    Claims Board may be, but is not required to be, represented by--
    ``(1) an attorney; or
    ``(2) a law student who is qualified under applicable law
    governing representation by law students of parties in legal

    [[Page 2186]]

    proceedings and who provides such representation on a pro bono
    basis.

    ``(e) <>  Commencement of Proceeding.--In order
    to commence a proceeding under this chapter, a claimant shall, subject
    to such additional requirements as may be prescribed in regulations
    established by the Register of Copyrights, file a claim with the
    Copyright Claims Board, that--
    ``(1) includes a statement of material facts in support of
    the claim;
    ``(2) <>  is certified under
    subsection (y)(1); and
    ``(3) is accompanied by a filing fee in such amount as may
    be prescribed in regulations established by the Register of
    Copyrights.

    ``(f) Review of Claims and Counterclaims.--
    ``(1) <>  Claims.--Upon
    the filing of a claim under subsection (e), the claim shall be
    reviewed by a Copyright Claims Attorney to ensure that the claim
    complies with this chapter and applicable regulations, subject
    to the following:
    ``(A) If the claim is found to comply, the claimant
    shall be notified regarding that compliance and
    instructed to proceed with service of the claim under
    subsection (g).
    ``(B) <>  If the
    claim is found not to comply, the claimant shall be
    notified that the claim is deficient and be permitted to
    file an amended claim not later than 30 days after the
    date on which the claimant receives the notice, without
    the requirement of an additional filing fee. If the
    claimant files a compliant claim within that 30-day
    period, the claimant shall be so notified and be
    instructed to proceed with service of the claim. If the
    claim is refiled within that 30-day period and still
    fails to comply, the claimant shall again be notified
    that the claim is deficient and shall be provided a
    second opportunity to amend the claim not later than 30
    days after the date of that second notice, without the
    requirement of an additional filing fee. If the claim is
    refiled again within that second 30-day period and is
    compliant, the claimant shall be so notified and shall
    be instructed to proceed with service of the claim, but
    if the claim still fails to comply, upon confirmation of
    such noncompliance by a Copyright Claims Officer, the
    proceeding shall be dismissed without prejudice. The
    Copyright Claims Board shall also dismiss without
    prejudice any proceeding in which a compliant claim is
    not filed within the applicable 30-day period.
    ``(C)(i) Subject to clause (ii), for purposes of
    this paragraph, a claim against an online service
    provider for infringement by reason of the storage of or
    referral or linking to infringing material that may be
    subject to the limitations on liability set forth in
    subsection (b), (c), or (d) of section 512 shall be
    considered noncompliant unless the claimant affirms in
    the statement required under subsection (e)(1) of this
    section that the claimant has previously notified the
    service provider of the claimed infringement in
    accordance with subsection (b)(2)(E), (c)(3), or (d)(3)
    of section 512, as applicable, and the service provider
    failed to remove or disable access to the material
    expeditiously upon the provision of such notice.

    [[Page 2187]]

    ``(ii) If a claim is found to be noncompliant under
    clause (i), the Copyright Claims Board shall provide the
    claimant with information concerning the service of such
    a notice under the applicable provision of section 512.
    ``(2) <>  Counterclaims.--
    Upon the filing and service of a counterclaim, the counterclaim
    shall be reviewed by a Copyright Claims Attorney to ensure that
    the counterclaim complies with the provisions of this chapter
    and applicable regulations. If the counterclaim is found not to
    comply, the counterclaimant and the other parties to the
    proceeding shall be notified that the counterclaim is deficient,
    and the counterclaimant shall be permitted to file and serve an
    amended counterclaim not later than 30 days after the date of
    such notice. If the counterclaimant files and serves a compliant
    counterclaim within that 30-day period, the counterclaimant and
    such other parties shall be so notified. If the counterclaim is
    refiled and served within that 30-day period but still fails to
    comply, the counterclaimant and such other parties shall again
    be notified that the counterclaim is deficient, and the
    counterclaimant shall be provided a second opportunity to amend
    the counterclaim not later than 30 days after the date of the
    second notice. If the counterclaim is refiled and served again
    within that second 30-day period and is compliant, the
    counterclaimant and such other parties shall be so notified, but
    if the counterclaim still fails to comply, upon confirmation of
    such noncompliance by a Copyright Claims Officer, the
    counterclaim, but not the proceeding, shall be dismissed without
    prejudice.
    ``(3) Dismissal for unsuitability.--The Copyright Claims
    Board shall dismiss a claim or counterclaim without prejudice
    if, upon reviewing the claim or counterclaim, or at any other
    time in the proceeding, the Copyright Claims Board concludes
    that the claim or counterclaim is unsuitable for determination
    by the Copyright Claims Board, including on account of any of
    the following:
    ``(A) The failure to join a necessary party.
    ``(B) The lack of an essential witness, evidence, or
    expert testimony.
    ``(C) The determination of a relevant issue of law
    or fact that could exceed either the number of
    proceedings the Copyright Claims Board could reasonably
    administer or the subject matter competence of the
    Copyright Claims Board.

    ``(g) <>  Service of Notice and Claims.--In order
    to proceed with a claim against a respondent, a claimant shall, not
    later than 90 days after receiving notification under subsection (f) to
    proceed with service, file with the Copyright Claims Board proof of
    service on the respondent. <>  In
    order to effectuate service on a respondent, the claimant shall cause
    notice of the proceeding and a copy of the claim to be served on the
    respondent, either by personal service or pursuant to a waiver of
    personal service, as prescribed in regulations established by the
    Register of Copyrights. <>  Such regulations shall
    include the following requirements:
    ``(1) <>  The notice of the proceeding
    shall adhere to a prescribed form and shall set forth the nature
    of the Copyright Claims Board and proceeding, the right of the
    respondent to opt out, and the consequences of opting out and
    not opting

    [[Page 2188]]

    out, including a prominent statement that, by not opting out
    within 60 days after receiving the notice, the respondent--
    ``(A) loses the opportunity to have the dispute
    decided by a court created under article III of the
    Constitution of the United States; and
    ``(B) waives the right to a jury trial regarding the
    dispute.
    ``(2) <>  The copy of the claim served on
    the respondent shall be the same as the claim that was filed
    with the Copyright Claims Board.
    ``(3) Personal service of a notice and claim may be effected
    by an individual who is not a party to the proceeding and is
    older than 18 years of age.
    ``(4) <>  An individual, other than a minor
    or incompetent individual, may be served by--
    ``(A) complying with State law for serving a summons
    in an action brought in courts of general jurisdiction
    in the State where service is made;
    ``(B) delivering a copy of the notice and claim to
    the individual personally;
    ``(C) leaving a copy of the notice and claim at the
    individual's dwelling or usual place of abode with
    someone of suitable age and discretion who resides
    there; or
    ``(D) delivering a copy of the notice and claim to
    an agent designated by the respondent to receive service
    of process or, if not so designated, an agent authorized
    by appointment or by law to receive service of process.
    ``(5)(A) <>  A corporation, partnership, or
    unincorporated association that is subject to suit in courts of
    general jurisdiction under a common name shall be served by
    delivering a copy of the notice and claim to its service agent.
    If such service agent has not been designated, service shall be
    accomplished--
    ``(i) by complying with State law for serving a
    summons in an action brought in courts of general
    jurisdiction in the State where service is made; or
    ``(ii) by delivering a copy of the notice and claim
    to an officer, a managing or general agent, or any other
    agent authorized by appointment or by law to receive
    service of process in an action brought in courts of
    general jurisdiction in the State where service is made
    and, if the agent is one authorized by statute and the
    statute so requires, by also mailing a copy of the
    notice and claim to the respondent.
    ``(B) <>  A corporation,
    partnership, or unincorporated association that is subject to
    suit in courts of general jurisdiction under a common name may
    elect to designate a service agent to receive notice of a claim
    against it before the Copyright Claims Board by complying with
    requirements that the Register of Copyrights shall establish by
    regulation. <>  The Register of
    Copyrights shall maintain a current directory of service agents
    that is available to the public for inspection, including
    through the internet, and may require such corporations,
    partnerships, and unincorporated associations designating such
    service agents to pay a fee to cover the costs of maintaining
    the directory.
    ``(6) <>  In order
    to request a waiver of personal service, the claimant may notify
    a respondent, by first class mail or by

    [[Page 2189]]

    other reasonable means, that a proceeding has been commenced,
    such notice to be made in accordance with regulations
    established by the Register of Copyrights, subject to the
    following:
    ``(A) <>  Any such request
    shall be in writing, shall be addressed to the
    respondent, and shall be accompanied by a prescribed
    notice of the proceeding, a copy of the claim as filed
    with the Copyright Claims Board, a prescribed form for
    waiver of personal service, and a prepaid or other means
    of returning the form without cost.
    ``(B) <>  The request shall
    state the date on which the request is sent, and shall
    provide the respondent a period of 30 days, beginning on
    the date on which the request is sent, to return the
    waiver form signed by the respondent. The signed waiver
    form shall, for purposes of this subsection, constitute
    acceptance and proof of service as of the date on which
    the waiver is signed.
    ``(7)(A) A respondent's waiver of personal service shall not
    constitute a waiver of the respondent's right to opt out of the
    proceeding.
    ``(B) <>  A respondent who timely waives
    personal service under paragraph (6) and does not opt out of the
    proceeding shall be permitted a period of 30 days, in addition
    to the period otherwise permitted under the applicable
    procedures of the Copyright Claims Board, to submit a
    substantive response to the claim, including any defenses and
    counterclaims.
    ``(8) A minor or an incompetent individual may only be
    served by complying with State law for serving a summons or like
    process on such an individual in an action brought in the courts
    of general jurisdiction of the State where service is made.
    ``(9) Service of a claim and waiver of personal service may
    only be effected within the United States.

    ``(h) <>  Notification by Copyright Claims
    Board.--The Register of Copyrights shall establish regulations providing
    for a written notification to be sent by, or on behalf of, the Copyright
    Claims Board to notify the respondent of a pending proceeding against
    the respondent, as set forth in those regulations, which shall--
    ``(1) <>  include information concerning
    the respondent's right to opt out of the proceeding, the
    consequences of opting out and not opting out, and a prominent
    statement that, by not opting out within 60 days after the date
    of service under subsection (g), the respondent loses the
    opportunity to have the dispute decided by a court created under
    article III of the Constitution of the United States and waives
    the right to a jury trial regarding the dispute; and
    ``(2) be in addition to, and separate and apart from, the
    notice requirements under subsection (g).

    ``(i) <>  Opt-Out Procedure.--Upon
    being properly served with a notice and claim, a respondent who chooses
    to opt out of the proceeding shall have a period of 60 days, beginning
    on the date of service, in which to provide written notice of such
    choice to the Copyright Claims Board, in accordance with regulations
    established by the Register of Copyrights. If proof of service has been
    filed by the claimant and the respondent does not submit an opt-out
    notice to the Copyright Claims Board within that 60-day period, the
    proceeding shall be deemed an active proceeding and the

    [[Page 2190]]

    respondent shall be bound by the determination in the proceeding to the
    extent provided under section 1507(a). If the respondent opts out of the
    proceeding during that 60-day period, the proceeding shall be dismissed
    without prejudice, except that, in exceptional circumstances and upon
    written notice to the claimant, the Copyright Claims Board may extend
    that 60-day period in the interests of justice.

    ``(j) <>  Service of Other Documents.--Documents
    submitted or relied upon in a proceeding, other than the notice and
    claim, shall be served in accordance with regulations established by the
    Register of Copyrights.

    ``(k) Scheduling.--Upon confirmation that a proceeding has become an
    active proceeding, the Copyright Claims Board shall issue a schedule for
    the future conduct of the proceeding. The schedule shall not specify a
    time that a claimant or counterclaimant is required make an election of
    damages that is inconsistent with section 1504(e). A schedule issued by
    the Copyright Claims Board may be amended by the Copyright Claims Board
    in the interests of justice.
    ``(l) <>  Conferences.--One or more Copyright Claims
    Officers may hold a conference to address case management or discovery
    issues in a proceeding, which shall be noted upon the record of the
    proceeding and may be recorded or transcribed.

    ``(m) Party Submissions.--A proceeding of the Copyright Claims Board
    may not include any formal motion practice, except that, subject to
    applicable regulations and procedures of the Copyright Claims Board--
    ``(1) the parties to the proceeding may make requests to the
    Copyright Claims Board to address case management and discovery
    matters, and submit responses thereto; and
    ``(2) the Copyright Claims Board may request or permit
    parties to make submissions addressing relevant questions of
    fact or law, or other matters, including matters raised sua
    sponte by the Copyright Claims Officers, and offer responses
    thereto.

    ``(n) <>  Discovery.--Discovery in a proceeding
    shall be limited to the production of relevant information and
    documents, written interrogatories, and written requests for admission,
    as provided in regulations established by the Register of Copyrights,
    except that--
    ``(1) upon the request of a party, and for good cause shown,
    the Copyright Claims Board may approve additional relevant
    discovery, on a limited basis, in particular matters, and may
    request specific information and documents from participants in
    the proceeding and voluntary submissions from nonparticipants,
    consistent with the interests of justice;
    ``(2) upon the request of a party, and for good cause shown,
    the Copyright Claims Board may issue a protective order to limit
    the disclosure of documents or testimony that contain
    confidential information; and
    ``(3) after providing notice and an opportunity to respond,
    and upon good cause shown, the Copyright Claims Board may apply
    an adverse inference with respect to disputed facts against a
    party who has failed to timely provide discovery materials in
    response to a proper request for materials that could be
    relevant to such facts.

    [[Page 2191]]

    ``(o) Evidence.--The Copyright Claims Board may consider the
    following types of evidence in a proceeding, and such evidence may be
    admitted without application of formal rules of evidence:
    ``(1) Documentary and other nontestimonial evidence that is
    relevant to the claims, counterclaims, or defenses in the
    proceeding.
    ``(2) Testimonial evidence, submitted under penalty of
    perjury in written form or in accordance with subsection (p),
    limited to statements of the parties and nonexpert witnesses,
    that is relevant to the claims, counterclaims, and defenses in a
    proceeding, except that, in exceptional cases, expert witness
    testimony or other types of testimony may be permitted by the
    Copyright Claims Board for good cause shown.

    ``(p) <>  Hearings.--The Copyright Claims Board may
    conduct a hearing to receive oral presentations on issues of fact or law
    from parties and witnesses to a proceeding, including oral testimony,
    subject to the following:
    ``(1) Any such hearing shall be attended by not fewer than 2
    of the Copyright Claims Officers.
    ``(2) The hearing shall be noted upon the record of the
    proceeding and, subject to paragraph (3), may be recorded or
    transcribed as deemed necessary by the Copyright Claims Board.
    ``(3) A recording or transcript of the hearing shall be made
    available to any Copyright Claims Officer who is not in
    attendance.

    ``(q) Voluntary Dismissal.--
    ``(1) By claimant.--Upon the written request of a claimant
    that is received before a respondent files a response to the
    claim in a proceeding, the Copyright Claims Board shall dismiss
    the proceeding, or a claim or respondent, as requested, without
    prejudice.
    ``(2) By counterclaimant.--Upon written request of a
    counterclaimant that is received before a claimant files a
    response to the counterclaim, the Copyright Claims Board shall
    dismiss the counterclaim, such dismissal to be without
    prejudice.
    ``(3) Class actions.--Any party in an active proceeding
    before the Copyright Claims Board who receives notice of a
    pending or putative class action, arising out of the same
    transaction or occurrence, in which that party is a class member
    may request in writing dismissal of the proceeding before the
    Board. Upon notice to all claimants and counterclaimants, the
    Copyright Claims Board shall dismiss the proceeding without
    prejudice.

    ``(r) Settlement.--
    ``(1) In general.--At any time in an active proceeding, some
    or all of the parties may--
    ``(A) jointly request a conference with a Copyright
    Claims Officer for the purpose of facilitating
    settlement discussions; or
    ``(B) submit to the Copyright Claims Board an
    agreement providing for settlement and dismissal of some
    or all of the claims and counterclaims in the
    proceeding.
    ``(2) Additional request.--A submission under paragraph
    (1)(B) may include a request that the Copyright Claims Board

    [[Page 2192]]

    adopt some or all of the terms of the parties' settlement in a
    final determination in the proceeding.

    ``(s) Factual Findings.--Subject to subsection (n)(3), the Copyright
    Claims Board shall make factual findings based upon a preponderance of
    the evidence.
    ``(t) Determinations.--
    ``(1) Nature and contents.--A determination rendered by the
    Copyright Claims Board in a proceeding shall--
    ``(A) be reached by a majority of the Copyright
    Claims Board;
    ``(B) be in writing, and include an explanation of
    the factual and legal basis of the determination;
    ``(C) set forth any terms by which a respondent or
    counterclaim respondent has agreed to cease infringing
    activity under section 1504(e)(2);
    ``(D) to the extent requested under subsection
    (r)(2), set forth the terms of any settlement agreed to
    under subsection (r)(1); and
    ``(E) include a clear statement of all damages and
    other relief awarded, including under subparagraphs (C)
    and (D).
    ``(2) Dissent.--A Copyright Claims Officer who dissents from
    a decision contained in a determination under paragraph (1) may
    append a statement setting forth the grounds for that dissent.
    ``(3) <>
    Publication.--Each final determination of the Copyright Claims
    Board shall be made available on a publicly accessible
    website. <>  The Register shall establish
    regulations with respect to the publication of other records and
    information relating to such determinations, including the
    redaction of records to protect confidential information that is
    the subject of a protective order under subsection (n)(2).
    ``(4) Freedom of information act.--All information relating
    to proceedings of the Copyright Claims Board under this chapter
    is exempt from disclosure to the public under section 552(b)(3)
    of title 5, except for determinations, records, and information
    published under paragraph (3).

    ``(u) <>
    Respondent's Default.--If a proceeding has been deemed an active
    proceeding but the respondent has failed to appear or has ceased
    participating in the proceeding, as demonstrated by the respondent's
    failure, without justifiable cause, to meet 1 or more deadlines or
    requirements set forth in the schedule adopted by the Copyright Claims
    Board under subsection (k), the Copyright Claims Board may enter a
    default determination, including the dismissal of any counterclaim
    asserted by the respondent, as follows and in accordance with such other
    requirements as the Register of Copyrights may establish by regulation:
    ``(1) <>  The Copyright Claims Board shall
    require the claimant to submit relevant evidence and other
    information in support of the claimant's claim and any asserted
    damages and, upon review of such evidence and any other
    requested submissions from the claimant, shall determine whether
    the materials so submitted are sufficient to support a finding
    in favor of the claimant under applicable law and, if so, the
    appropriate relief and damages, if any, to be awarded.
    ``(2) <>  If the Copyright Claims Board
    makes an affirmative determination under paragraph (1), the
    Copyright Claims Board

    [[Page 2193]]

    shall prepare a proposed default determination, and shall
    provide written notice to the respondent at all addresses,
    including email addresses, reflected in the records of the
    proceeding before the Copyright Claims Board, of the pendency of
    a default determination by the Copyright Claims Board and of the
    legal significance of such determination. <>  Such notice shall be accompanied by the proposed
    default determination and shall provide that the respondent has
    a period of 30 days, beginning on the date of the notice, to
    submit any evidence or other information in opposition to the
    proposed default determination.
    ``(3) If the respondent responds to the notice provided
    under paragraph (2) within the 30-day period provided in such
    paragraph, the Copyright Claims Board shall consider the
    respondent's submissions and, after allowing the other parties
    to address such submissions, maintain, or amend its proposed
    determination as appropriate, and the resulting determination
    shall not be a default determination.
    ``(4) If the respondent fails to respond to the notice
    provided under paragraph (2), the Copyright Claims Board shall
    proceed to issue the default determination as a final
    determination. Thereafter, the respondent may only challenge
    such determination to the extent permitted under section
    1508(c), except that, before any additional proceedings are
    initiated under section 1508, the Copyright Claims Board may, in
    the interests of justice, vacate the default determination.

    ``(v) <>  Claimant's Failure To Proceed.--
    ``(1) Failure to complete service.--If a claimant fails to
    complete service on a respondent within the 90-day period
    required under subsection (g), the Copyright Claims Board shall
    dismiss that respondent from the proceeding without prejudice.
    If a claimant fails to complete service on all respondents
    within that 90-day period, the Copyright Claims Board shall
    dismiss the proceeding without prejudice.
    ``(2) Failure to prosecute.--If a claimant fails to proceed
    in an active proceeding, as demonstrated by the claimant's
    failure, without justifiable cause, to meet 1 or more deadlines
    or requirements set forth in the schedule adopted by the
    Copyright Claims Board under subsection (k), the Copyright
    Claims Board may, upon providing written notice to the claimant
    and a period of 30 days, beginning on the date of the notice, to
    respond to the notice, and after considering any such response,
    issue a determination dismissing the claimant's claims, which
    shall include an award of attorneys' fees and costs, if
    appropriate, under subsection (y)(2). Thereafter, the claimant
    may only challenge such determination to the extent permitted
    under section 1508(c), except that, before any additional
    proceedings are initiated under section 1508, the Copyright
    Claims Board may, in the interests of justice, vacate the
    determination of dismissal.

    ``(w) <>  Request for Reconsideration.--A party
    may, not later than 30 days after the date on which the Copyright Claims
    Board issues a final determination in a proceeding under this chapter,
    submit a written request for reconsideration of, or an amendment to,
    such determination if the party identifies a clear error of law or fact
    material to the outcome, or a technical mistake. After providing the
    other parties an opportunity to address such request,

    [[Page 2194]]

    the Copyright Claims Board shall either deny the request or issue an
    amended final determination.

    ``(x) <>  Review by Register.--If the
    Copyright Claims Board denies a party a request for reconsideration of a
    final determination under subsection (w), that party may, not later than
    30 days after the date of such denial, request review of the final
    determination by the Register of Copyrights in accordance with
    regulations established by the Register. <>  Such request
    shall be accompanied by a reasonable filing fee, as provided in such
    regulations. The review by the Register shall be limited to
    consideration of whether the Copyright Claims Board abused its
    discretion in denying reconsideration of the determination. After
    providing the other parties an opportunity to address the request, the
    Register shall either deny the request for review, or remand the
    proceeding to the Copyright Claims Board for reconsideration of issues
    specified in the remand and for issuance of an amended final
    determination. Such amended final determination shall not be subject to
    further consideration or review, other than under section 1508(c).

    ``(y) Conduct of Parties and Attorneys.--
    ``(1) <>  Certification.--
    The Register of Copyrights shall establish regulations requiring
    certification of the accuracy and truthfulness of statements
    made by participants in proceedings before the Copyright Claims
    Board.
    ``(2) Bad faith conduct.--Notwithstanding any other
    provision of law, in any proceeding in which a determination is
    rendered and it is established that a party pursued a claim,
    counterclaim, or defense for a harassing or other improper
    purpose, or without a reasonable basis in law or fact, then,
    unless inconsistent with the interests of justice, the Copyright
    Claims Board shall in such determination award reasonable costs
    and attorneys' fees to any adversely affected party of in an
    amount of not more than $5,000, except that--
    ``(A) if an adversely affected party appeared pro se
    in the proceeding, the award to that party shall be for
    costs only, in an amount of not more than $2,500; and
    ``(B) in extraordinary circumstances, such as where
    a party has demonstrated a pattern or practice of bad
    faith conduct as described in this paragraph, the
    Copyright Claims Board may, in the interests of justice,
    award costs and attorneys' fees in excess of the
    limitations under this paragraph.
    ``(3) <>  Additional penalty.--If the
    Board finds that on more than 1 occasion within a 12-month
    period a party pursued a claim, counterclaim, or defense before
    the Copyright Claims Board for a harassing or other improper
    purpose, or without a reasonable basis in law or fact, that
    party shall be barred from initiating a claim before the
    Copyright Claims Board under this chapter for a period of 12
    months beginning on the date on which the Board makes such a
    finding. Any proceeding commenced by that party that is still
    pending before the Board when such a finding is made shall be
    dismissed without prejudice, except that if a proceeding has
    been deemed active under subsection (i), the proceeding shall be
    dismissed under this paragraph only if the respondent provides
    written consent thereto.

    ``(z) <>  Regulations for Smaller Claims.--The
    Register of Copyrights shall establish regulations to provide for the
    consideration

    [[Page 2195]]

    and determination, by not fewer than 1 Copyright Claims Officer, of any
    claim under this chapter in which total damages sought do not exceed
    $5,000 (exclusive of attorneys' fees and costs). A determination issued
    under this subsection shall have the same effect as a determination
    issued by the entire Copyright Claims Board.

    ``(aa) Opt-out for Libraries and Archives.--
    ``(1) <>  In general.--The Register of
    Copyrights shall establish regulations allowing for a library or
    archives that does not wish to participate in proceedings before
    the Copyright Claims Board to preemptively opt out of such
    proceedings.
    ``(2) Procedures.--The regulations established under
    paragraph (1) shall--
    ``(A) <>  set forth procedures
    for preemptively opting out of proceedings before the
    Copyright Claims Board; and
    ``(B) <>  require that the Copyright Office
    compile and maintain a publicly available list of the
    libraries and archives that have successfully opted out
    of proceedings in accordance with the procedures
    described in subparagraph (A).
    ``(3) No fee or renewal required.--The Register of
    Copyrights may not--
    ``(A) charge a library or archives a fee to
    preemptively opt out of proceedings under this
    subsection; or
    ``(B) require a library or archives to renew a
    decision to preemptively opt out of proceedings under
    this subsection.
    ``(4) Definitions.--For purposes of this subsection, the
    terms `library' and `archives' mean any library or archives,
    respectively, that qualifies for the limitations on exclusive
    rights under section 108.
    ``Sec. 1507. <>  Effect of proceeding

    ``(a) Determination.--Subject to the reconsideration and review
    processes provided under subsections (w) and (x) of section 1506 and
    section 1508(c), the issuance of a final determination by the Copyright
    Claims Board in a proceeding, including a default determination or
    determination based on a failure to prosecute, shall, solely with
    respect to the parties to such determination, preclude relitigation
    before any court or tribunal, or before the Copyright Claims Board, of
    the claims and counterclaims asserted and finally determined by the
    Board, and may be relied upon for such purpose in a future action or
    proceeding arising from the same specific activity or activities,
    subject to the following:
    ``(1) A determination of the Copyright Claims Board shall
    not preclude litigation or relitigation as between the same or
    different parties before any court or tribunal, or the Copyright
    Claims Board, of the same or similar issues of fact or law in
    connection with claims or counterclaims not asserted or not
    finally determined by the Copyright Claims Board.
    ``(2) A determination of ownership of a copyrighted work for
    purposes of resolving a matter before the Copyright Claims Board
    may not be relied upon, and shall not have any preclusive
    effect, in any other action or proceeding before any court or
    tribunal, including the Copyright Claims Board.
    ``(3) Except to the extent permitted under this subsection
    and section 1508, any determination of the Copyright Claims

    [[Page 2196]]

    Board may not be cited or relied upon as legal precedent in any
    other action or proceeding before any court or tribunal,
    including the Copyright Claims Board.

    ``(b) Class Actions Not Affected.--
    ``(1) In general.--A proceeding before the Copyright Claims
    Board shall not have any effect on a class action proceeding in
    a district court of the United States, and section 1509(a) shall
    not apply to a class action proceeding in a district court of
    the United States.
    ``(2) Notice of class action.--Any party to an active
    proceeding before the Copyright Claims Board who receives notice
    of a pending class action, arising out of the same transaction
    or occurrence as the proceeding before the Copyright Claims
    Board, in which the party is a class member shall either--
    ``(A) opt out of the class action, in accordance
    with regulations established by the Register of
    Copyrights; or
    ``(B) seek dismissal under section 1506(q)(3) of the
    proceeding before the Copyright Claims Board.

    ``(c) Other Materials in Proceeding.--Except as permitted under this
    section and section 1508, a submission or statement of a party or
    witness made in connection with a proceeding before the Copyright Claims
    Board, including a proceeding that is dismissed, may not be cited or
    relied upon in, or serve as the basis of, any action or proceeding
    concerning rights or limitations on rights under this title before any
    court or tribunal, including the Copyright Claims Board.
    ``(d) Applicability of Section 512(g).--A claim or counterclaim
    before the Copyright Claims Board that is brought under subsection
    (c)(1) or (c)(4) of section 1504, or brought under subsection (c)(6) of
    section 1504 and that relates to a claim under subsection (c)(1) or
    (c)(4) of such section, qualifies as an action seeking an order to
    restrain a subscriber from engaging in infringing activity under section
    512(g)(2)(C) if--
    ``(1) <>  notice of the commencement of the
    Copyright Claims Board proceeding is provided by the claimant to
    the service provider's designated agent before the service
    provider replaces the material following receipt of a counter
    notification under section 512(g); and
    ``(2) the claim brought alleges infringement of the material
    identified in the notification of claimed infringement under
    section 512(c)(1)(C).

    ``(e) Failure To Assert Counterclaim.--The failure or inability to
    assert a counterclaim in a proceeding before the Copyright Claims Board
    shall not preclude the assertion of that counterclaim in a subsequent
    court action or proceeding before the Copyright Claims Board.
    ``(f) Opt-Out or Dismissal of Party.--If a party has timely opted
    out of a proceeding under section 1506(i) or is dismissed from a
    proceeding before the Copyright Claims Board issues a final
    determination in the proceeding, the determination shall not be binding
    upon and shall have no preclusive effect with respect to that party.
    ``Sec. 1508. <>  Review and confirmation by
    district court

    ``(a) <>  In General.--In any proceeding in which a
    party has failed to pay damages, or has failed otherwise to comply with

    [[Page 2197]]

    the relief, awarded in a final determination of the Copyright Claims
    Board, including a default determination or a determination based on a
    failure to prosecute, the aggrieved party may, not later than 1 year
    after the date on which the final determination is issued, any
    reconsideration by the Copyright Claims Board or review by the Register
    of Copyrights is resolved, or an amended final determination is issued,
    whichever occurs last, apply to the United States District Court for the
    District of Columbia or any other appropriate district court of the
    United States for an order confirming the relief awarded in the final
    determination and reducing such award to judgment. The court shall grant
    such order and direct entry of judgment unless the determination is or
    has been vacated, modified, or corrected under subsection (c). If the
    United States District Court for the District of Columbia or other
    district court of the United States, as the case may be, issues an order
    confirming the relief awarded by the Copyright Claims Board, the court
    shall impose on the party who failed to pay damages or otherwise comply
    with the relief, the reasonable expenses required to secure such order,
    including attorneys' fees, that were incurred by the aggrieved party.

    ``(b) Filing Procedures.--
    ``(1) Application to confirm determination.--Notice of the
    application under subsection (a) for confirmation of a
    determination of the Copyright Claims Board and entry of
    judgment shall be provided to all parties to the proceeding
    before the Copyright Claims Board that resulted in the
    determination, in accordance with the procedures applicable to
    service of a motion in the district court of the United States
    where the application is made.
    ``(2) Contents of application.--The application under
    subsection (a) shall include the following:
    ``(A) <>  A certified
    copy of the final or amended final determination of the
    Copyright Claims Board, as reflected in the records of
    the Copyright Claims Board, following any process of
    reconsideration or review by the Register of Copyrights,
    to be confirmed and rendered to judgment.
    ``(B) A declaration by the applicant, under penalty
    of perjury--
    ``(i) that the copy is a true and correct copy
    of such determination;
    ``(ii) stating the date the determination was
    issued;
    ``(iii) stating the basis for the challenge
    under subsection (c)(1); and
    ``(iv) stating whether the applicant is aware
    of any other proceedings before the court
    concerning the same determination of the Copyright
    Claims Board.

    ``(c) Challenges to the Determination.--
    ``(1) <>  Bases for challenge.--Not later
    than 90 days after the date on which the Copyright Claims Board
    issues a final or amended final determination in a proceeding,
    or not later than 90 days after the date on which the Register
    of Copyrights completes any process of reconsideration or review
    of the determination, whichever occurs later, a party may seek
    an order from a district court of the United States vacating,
    modifying, or correcting the determination of the Copyright
    Claims Board in the following cases:

    [[Page 2198]]

    ``(A) If the determination was issued as a result of
    fraud, corruption, misrepresentation, or other
    misconduct.
    ``(B) If the Copyright Claims Board exceeded its
    authority or failed to render a final determination
    concerning the subject matter at issue.
    ``(C) In the case of a default determination or
    determination based on a failure to prosecute, if it is
    established that the default or failure was due to
    excusable neglect.
    ``(2) Procedure to challenge.--
    ``(A) Notice of application.--Notice of the
    application to challenge a determination of the
    Copyright Claims Board shall be provided to all parties
    to the proceeding before the Copyright Claims Board, in
    accordance with the procedures applicable to service of
    a motion in the court where the application is made.
    ``(B) Staying of proceedings.--For purposes of an
    application under this subsection, any judge who is
    authorized to issue an order to stay the proceedings in
    another action brought in the same court may issue an
    order, to be served with the notice of application,
    staying proceedings to enforce the award while the
    challenge is pending.
    ``Sec. 1509. <>  Relationship to other
    district court actions

    ``(a) Stay of District Court Proceedings.--Subject to section
    1507(b), a district court of the United States shall issue a stay of
    proceedings or such other relief as the court determines appropriate
    with respect to any claim brought before the court that is already the
    subject of a pending or active proceeding before the Copyright Claims
    Board.
    ``(b) Alternative Dispute Resolution Process.--A proceeding before
    the Copyright Claims Board under this chapter shall qualify as an
    alternative dispute resolution process under section 651 of title 28 for
    purposes of referral of eligible cases by district courts of the United
    States upon the consent of the parties.
    ``Sec. 1510. <>  Implementation by Copyright
    Office

    ``(a) Regulations.--
    ``(1) <>  Implementation generally.--The
    Register of Copyrights shall establish regulations to carry out
    this chapter. Such regulations shall include the fees prescribed
    under subsections (e) and (x) of section 1506. The authority to
    issue such fees shall not limit the authority of the Register of
    Copyrights to establish fees for services under section 708. All
    fees received by the Copyright Office in connection with the
    activities under this chapter shall be deposited by the Register
    of Copyrights and credited to the appropriations for necessary
    expenses of the Office in accordance with section 708(d). In
    establishing regulations under this subsection, the Register of
    Copyrights shall provide for the efficient administration of the
    Copyright Claims Board, and for the ability of the Copyright
    Claims Board to timely complete proceedings instituted under
    this chapter, including by implementing mechanisms to prevent
    harassing or improper use of the Copyright Claims Board by any
    party.
    ``(2) <>  Limits on monetary relief.--

    [[Page 2199]]

    ``(A) <>  In general.--Subject
    to subparagraph (B), not earlier than 3 years after the
    date on which Copyright Claims Board issues the first
    determination of the Copyright Claims Board, the
    Register of Copyrights may, in order to further the
    goals of the Copyright Claims Board, conduct a
    rulemaking to adjust the limits on monetary recovery or
    attorneys' fees and costs that may be awarded under this
    chapter.
    ``(B) Effective date of adjustment.--Any rule under
    subparagraph (A) that makes an adjustment shall take
    effect at the end of the 120-day period beginning on the
    date on which the Register of Copyrights submits the
    rule to Congress and only if Congress does not, during
    that 120-day period, enact a law that provides in
    substance that Congress does not approve the rule.

    ``(b) Necessary Facilities.--Subject to applicable law, the Register
    of Copyrights may retain outside vendors to establish internet-based,
    teleconferencing, and other facilities required to operate the Copyright
    Claims Board.
    ``(c) <>  Fees.--Any filing fees, including the
    fee to commence a proceeding under section 1506(e), shall be prescribed
    in regulations established by the Register of Copyrights. The sum total
    of such filing fees shall be in an amount of not less than $100, may not
    exceed the cost of filing an action in a district court of the United
    States, and shall be fixed in amounts that further the goals of the
    Copyright Claims Board.
    ``Sec. 1511. <>  Funding

    ``There are authorized to be appropriated such sums as may be
    necessary to pay the costs incurred by the Copyright Office under this
    chapter that are not covered by fees collected for services rendered
    under this chapter, including the costs of establishing and maintaining
    the Copyright Claims Board and its facilities.''.
    (c) Clerical Amendment.--The table of chapters for title 17, United
    States Code, <>  is amended by adding at the
    end the following:

    ``15. Copyright Small Claims.....................................1501''.

    (d) <>  Implementation.--
    (1) <>  In general.--Except as provided in
    paragraph (2), not later than 1 year after the date of enactment
    of this Act, the Copyright Claims Board established under
    section 1502 of title 17, United States Code, as added by
    subsection (b) of this section, shall begin operations.
    (2) Extension.--The Register of Copyrights may, for good
    cause, extend the deadline under paragraph (1) by not more than
    180 days if the Register of Copyrights provides notice of the
    extension to the public and to Congress.

    (e) <>  Study.--Not later than 3 years after the
    date on which the Copyright Claims Board issues the first determination
    of the Copyright Claims Board under chapter 15 of title 17, United
    States Code, as added by subsection (b) of this section, the Register of
    Copyrights shall conduct, and report to Congress on, a study that
    addresses the following:
    (1) The use and efficacy of the Copyright Claims Board in
    resolving copyright claims, including the number of proceedings
    the Copyright Claims Board could reasonably administer.

    [[Page 2200]]

    (2) Whether adjustments to the authority of the Copyright
    Claims Board are necessary or advisable, including with respect
    to--
    (A) eligible claims, such as claims under section
    1202 of title 17, United States Code; and
    (B) works and applicable damages limitations.
    (3) Whether greater allowance should be made to permit
    awards of attorneys' fees and costs to prevailing parties,
    including potential limitations on such awards.
    (4) Potential mechanisms to assist copyright owners with
    small claims in ascertaining the identity and location of
    unknown online infringers.
    (5) Whether the Copyright Claims Board should be expanded to
    offer mediation or other nonbinding alternative dispute
    resolution services to interested parties.
    (6) Such other matters as the Register of Copyrights
    believes may be pertinent concerning the Copyright Claims Board.

    (f) <>  Severability.--If any provision of
    this section, an amendment made by this section, or the application of
    such provision or amendment to any person or circumstance is held to be
    unconstitutional, the remainder of this section and the amendments made
    by this section, and the application of the provision or the amendment
    to any other person or circumstance, shall not be affected.

    Subtitle B <> --Trademarks
    SEC. 221. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This subtitle may be
    cited as the ``Trademark Modernization Act of 2020'' or the ``TM Act of
    2020''.

    (b) Table of Contents.--The table of contents for this subtitle is
    as follows:

    Subtitle B--Trademarks

    Sec. 221. Short title; table of contents.
    Sec. 222. Definitions.
    Sec. 223. Providing for third-party submission of evidence during
    examination.
    Sec. 224. Providing for flexible response periods.
    Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for
    cancellation.
    Sec. 226. Rebuttable presumption of irreparable harm.
    Sec. 227. Report on decluttering initiatives.
    Sec. 228. Amendments to confirm authority of the Director.

    SEC. 222. <>  DEFINITIONS.

    In this subtitle:
    (1) Director.--The term ``Director'' means the Under
    Secretary of Commerce for Intellectual Property and Director of
    the United States Patent and Trademark Office.
    (2) Trademark act of 1946.--The term ``Trademark Act of
    1946'' means the Act entitled ``An Act to provide for the
    registration and protection of trademarks used in commerce, to
    carry out the provisions of certain international conventions,
    and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051
    et. seq) (commonly referred to as the ``Trademark Act of 1946''
    or the ``Lanham Act'').

    [[Page 2201]]

    SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE DURING
    EXAMINATION.

    (a) Amendment.--Section 1 of the Trademark Act of 1946 (15 U.S.C.
    1051) is amended by adding at the end the following:
    ``(f) <>  A third party may submit
    for consideration for inclusion in the record of an application evidence
    relevant to a ground for refusal of registration. The third-party
    submission shall identify the ground for refusal and include a concise
    description of each piece of evidence submitted in support of each
    identified ground for refusal. <>  Not later than 2
    months after the date on which the submission is filed, the Director
    shall determine whether the evidence should be included in the record of
    the application. <>  The Director shall
    establish by regulation appropriate procedures for the consideration of
    evidence submitted by a third party under this subsection and may
    prescribe a fee to accompany the submission. If the Director determines
    that the third-party evidence should be included in the record of the
    application, only the evidence and the ground for refusal to which the
    evidence relates may be so included. Any determination by the Director
    whether or not to include evidence in the record of an application shall
    be final and non-reviewable, and a determination to include or to not
    include evidence in the record shall not prejudice any party's right to
    raise any issue and rely on any evidence in any other proceeding.''.

    (b) <>  Deadline for Procedures.--Not later
    than 1 year after the date of enactment of this Act, the Director shall
    establish the appropriate procedures described in section 1(f) of the
    Trademark Act of 1946, as added by subsection (a).

    (c) <>  Effective Date.--The amendment made
    by subsection (a) shall take effect 1 year after the date of enactment
    of this Act.
    SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.

    Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 1062(b)) is
    amended to read as follows:
    ``(b)(1) <>  If the applicant is
    found not entitled to registration, the examiner shall notify the
    applicant thereof and of the reasons therefor. The applicant may reply
    or amend the application, which shall then be reexamined. This procedure
    may be repeated until the examiner finally refuses registration of the
    mark or the application is abandoned as described in paragraph (2).

    ``(2) After notification under paragraph (1), the applicant shall
    have a period of 6 months in which to reply or amend the application, or
    such shorter time that is not less than 60 days, as prescribed by the
    Director by regulation. If the applicant fails to reply or amend or
    appeal within the relevant time period, including any extension under
    paragraph (3), the application shall be deemed to have been abandoned,
    unless it can be shown to the satisfaction of the Director that the
    delay in responding was unintentional, in which case the application may
    be revived and such time may be extended. <>  The Director
    may prescribe a fee to accompany any request to revive.

    ``(3) The Director shall provide, by regulation, for extensions of
    time to respond to the examiner for any time period under paragraph (2)
    that is less than 6 months. The Director shall allow the applicant to
    obtain extensions of time to reply or amend aggregating 6 months from
    the date of notification under paragraph (1) when the applicant so
    requests. However, the Director may

    [[Page 2202]]

    set by regulation the time for individual periods of extension, and
    prescribe a fee, by regulation, for any extension request. Any request
    for extension shall be filed on or before the date on which a reply or
    amendment is due under paragraph (1).''.
    SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW
    GROUNDS FOR CANCELLATION.

    (a) Ex Parte Expungement.--The Trademark Act of 1946 is amended by
    inserting after section 16 (15 U.S.C. 1066) the following:
    ``SEC. 16A. <>  EX PARTE EXPUNGEMENT.

    ``(a) Petition.--Notwithstanding sections 7(b) and 22, and
    subsections (a) and (b) of section 33, any person may file a petition to
    expunge a registration of a mark on the basis that the mark has never
    been used in commerce on or in connection with some or all of the goods
    or services recited in the registration.
    ``(b) Contents of Petition.--A petition filed under subsection (a),
    together with any supporting documents, shall--
    ``(1) identify the registration that is the subject of the
    petition;
    ``(2) identify each good or service recited in the
    registration for which it is alleged that the mark has never
    been used in commerce;
    ``(3) <>  include a verified statement
    that sets forth--
    ``(A) the elements of the reasonable investigation
    the petitioner conducted to determine that the mark has
    never been used in commerce on or in connection with the
    goods and services identified in the petition; and
    ``(B) any additional facts that support the
    allegation that the mark has never been used in commerce
    on or in connection with the identified goods and
    services;
    ``(4) include any supporting evidence on which the
    petitioner relies; and
    ``(5) <>  be accompanied by the fee prescribed
    by the Director.

    ``(c) Initial Determination; Institution.--
    ``(1) Prima facie case determination, institution, and
    notification.-- <> The Director shall, for each
    good or service identified under subsection (b)(2), determine
    whether the petition sets forth a prima facie case of the mark
    having never been used in commerce on or in connection with each
    such good or service, institute an ex parte expungement
    proceeding for each good or service for which the Director
    determines that a prima facie case has been set forth, and
    provide a notice to the registrant and petitioner of the
    determination of whether or not the proceeding was
    instituted. <>  Such notice shall include a copy
    of the petition and any supporting documents and evidence that
    were included with the petition.
    ``(2) <>  Reasonable investigation
    guidance.--The Director shall promulgate regulations regarding
    what constitutes a reasonable investigation under subsection
    (b)(3) and the general types of evidence that could support a
    prima facie case that a mark has never been used in commerce,
    but the Director shall retain the discretion to determine
    whether a prima facie case is set out in a particular
    proceeding.
    ``(3) Determination by director.--Any determination by the
    Director whether or not to institute a proceeding under this
    section shall be final and non-reviewable, and shall not
    prejudice any party's right to raise any issue and rely on

    [[Page 2203]]

    any evidence in any other proceeding, except as provided in
    subsection (j).

    ``(d) <>  Ex Parte Expungement Procedures.--The
    procedures for ex parte expungement shall be the same as the procedures
    for examination under section 12(b), except that the Director shall
    promulgate regulations establishing and governing a proceeding under
    this section, which may include regulations that--
    ``(1 <> ) set response and extension
    times particular to this type of proceeding, which,
    notwithstanding section 12(b)(3), need not be extendable to 6
    months;
    ``(2) set limits governing the timing and number of
    petitions filed for a particular registration or by a particular
    petitioner or real parties in interest; and
    ``(3) define the relation of a proceeding under this section
    to other proceedings concerning the mark.

    ``(e) Registrant's Evidence of Use.--A registrant's documentary
    evidence of use shall be consistent with when a mark shall be deemed to
    be in use in commerce under the definition of `use in commerce' in
    section 45, but shall not be limited in form to that of specimens as
    provided in section 1(a).
    ``(f) Excusable Nonuse.--During an ex parte expungement proceeding,
    for a mark registered under section 44(e) or an extension of protection
    under section 66, the registrant may offer evidence showing that any
    nonuse is due to special circumstances that excuse such
    nonuse. <>  In such a case, the examiner shall
    determine whether the facts and evidence demonstrate excusable nonuse
    and shall not find that the registration should be cancelled under
    subsection (g) for any good or service for which excusable nonuse is
    demonstrated.

    ``(g) Examiner's Decision; Order to Cancel.--For each good or
    service for which it is determined that a mark has never been used in
    commerce, and for which the provisions of subsection (f) do not apply,
    the examiner shall find that the registration should be cancelled for
    each such good or service. A mark shall not be found to have never been
    used in commerce if there is evidence of use in commerce by the
    registrant that temporally would have supported registration at the time
    the application was filed or the relevant allegation of use was made, or
    after registration, but before the petition to expunge was filed under
    subsection (a), or an ex parte expungement proceeding was instituted by
    the Director under subsection (h). Unless overturned on review of the
    examiner's decision, the Director shall issue an order cancelling the
    registration, in whole or in part, after the time for appeal has expired
    or any appeal proceeding has terminated.
    ``(h) Ex Parte Expungement by the Director.--
    ``(1) <>  In general.--The Director
    may, on the Director's own initiative, institute an ex parte
    expungement proceeding if the Director discovers information
    that supports a prima facie case of a mark having never been
    used in commerce on or in connection with any good or service
    covered by a registration. <>  The Director
    shall promptly notify the registrant of such determination, at
    which time the ex parte expungement proceeding shall proceed
    according to the same procedures for ex parte expungement
    established pursuant to subsection (d). If the Director
    determines, based on the Director's own initiative, to institute
    an expungement proceeding, the Director shall transmit or make
    available the information that formed the

    [[Page 2204]]

    basis for that determination as part of the institution notice
    sent to the registrant.
    ``(2) Rule of construction.--Nothing in this subsection
    shall be construed to limit any other authority of the Director.

    ``(i) Time for Institution.--
    ``(1) When petition may be filed, ex parte expungement
    proceeding instituted.--A petition for ex parte expungement of a
    registration under subsection (a) may be filed, or the Director
    may institute on the Director's own initiative an ex parte
    expungement proceeding of a registration under subsection (h),
    at any time following the expiration of 3 years after the date
    of registration and before the expiration of 10 years following
    the date of registration.
    ``(2) Exception.--Notwithstanding paragraph (1), for a
    period of 3 years after the date of enactment of this section, a
    petition for expungement of a registration under subsection (a)
    may be filed, or the Director may institute on the Director's
    own initiative an ex parte expungement proceeding of a
    registration under subsection (h), at any time following the
    expiration of 3 years after the date of registration.

    ``(j) Limitation on Later Ex Parte Expungement Proceedings.--
    ``(1) No co-pending proceedings.--With respect to a
    particular registration, while an ex parte expungement
    proceeding is pending, no later ex parte expungement proceeding
    may be instituted with respect to the same goods or services
    that are the subject of a pending ex parte expungement
    proceeding.
    ``(2) Estoppel.--With respect to a particular registration,
    for goods or services previously subject to an instituted
    expungement proceeding for which, in that proceeding, it was
    determined that the registrant had used the mark for particular
    goods or services, as relevant, and the registration was not
    cancelled as to those goods or services, no further ex parte
    expungement proceedings may be initiated as to those goods or
    services, regardless of the identity of the petitioner.

    ``(k) Use in Commerce Requirement Not Altered.--Nothing in this
    section shall affect the requirement for use in commerce of a mark
    registered under section 1(a) or 23.''.
    (b) New Grounds for Cancellation.--Section 14 of the Trademark Act
    of 1946 (15 U.S.C. 1064) is amended--
    (1) by striking the colon at the end of paragraph (5) and
    inserting a period;
    (2) by inserting after paragraph (5) the following:
    ``(6) <>  At any time after the 3-year
    period following the date of registration, if the registered
    mark has never been used in commerce on or in connection with
    some or all of the goods or services recited in the
    registration:''; and
    (3) in the flush text following paragraph (6), as added by
    paragraph (2) of this subsection, by inserting ``Nothing in
    paragraph (6) shall be construed to limit the timing applicable
    to any other ground for cancellation. A registration under
    section 44(e) or 66 shall not be cancelled pursuant to paragraph
    (6) if the registrant demonstrates that any nonuse is due to
    special circumstances that excuse such nonuse.'' after
    ``identical certification mark is applied.''.

    [[Page 2205]]

    (c) Ex Parte Reexamination.--The Trademark Act of 1946 is amended by
    inserting after section 16A, as added by subsection (a), the following:
    ``SEC. 16B. <>  EX PARTE REEXAMINATION.

    ``(a) Petition for Reexamination.--Any person may file a petition to
    reexamine a registration of a mark on the basis that the mark was not in
    use in commerce on or in connection with some or all of the goods or
    services recited in the registration on or before the relevant date.
    ``(b) <>  Relevant Date.--In this section, the
    term `relevant date' means, with respect to an application for the
    registration of a mark with an initial filing basis of--
    ``(1) section 1(a) and not amended at any point to be filed
    pursuant to section 1(b), the date on which the application was
    initially filed; or
    ``(2) section 1(b) or amended at any point to be filed
    pursuant to section 1(b), the date on which--
    ``(A) an amendment to allege use under section 1(c)
    was filed; or
    ``(B) the period for filing a statement of use under
    section 1(d) expired, including all approved extensions
    thereof.

    ``(c) Requirements for the Petition.--A petition filed under
    subsection (a), together with any supporting documents, shall--
    ``(1) identify the registration that is the subject of the
    petition;
    ``(2) identify each good and service recited in the
    registration for which it is alleged that the mark was not in
    use in commerce on or in connection with on or before the
    relevant date;
    ``(3) <>  include a verified statement
    that sets forth--
    ``(A) the elements of the reasonable investigation
    the petitioner conducted to determine that the mark was
    not in use in commerce on or in connection with the
    goods and services identified in the petition on or
    before the relevant date; and
    ``(B) any additional facts that support the
    allegation that the mark was not in use in commerce on
    or before the relevant date on or in connection with the
    identified goods and services;
    ``(4) include supporting evidence on which the petitioner
    relies; and
    ``(5) <>  be accompanied by the fee prescribed
    by the Director.

    ``(d) Initial Determination; Institution.--
    ``(1) Prima facie case determination, institution, and
    notification.--The Director shall, for each good or service
    identified under subsection (c)(2), determine whether the
    petition sets forth a prima facie case of the mark having not
    been in use in commerce on or in connection with each such good
    or service, institute an ex parte reexamination proceeding for
    each good or service for which the Director determines that the
    prima facie case has been set forth, and provide a notice to the
    registrant and petitioner of the determination of whether or not
    the proceeding was instituted. <>  Such notice
    shall include a copy of the petition and any supporting
    documents and evidence that were included with the petition.

    [[Page 2206]]

    ``(2) <>  Reasonable investigation
    guidance.--The Director shall promulgate regulations regarding
    what constitutes a reasonable investigation under subsection
    (c)(3) and the general types of evidence that could support a
    prima facie case that the mark was not in use in commerce on or
    in connection with a good or service on or before the relevant
    date, but the Director shall retain discretion to determine
    whether a prima facie case is set out in a particular
    proceeding.
    ``(3) Determination by director.--Any determination by the
    Director whether or not to institute a reexamination proceeding
    under this section shall be final and non-reviewable, and shall
    not prejudice any party's right to raise any issue and rely on
    any evidence in any other proceeding, except as provided in
    subsection (j).

    ``(e) <>  Reexamination Procedures.--The
    procedures for reexamination shall be the same as the procedures
    established under section 12(b) except that the Director shall
    promulgate regulations establishing and governing a proceeding under
    this section, which may include regulations that--
    ``(1) <>  set response and extension
    times particular to this type of proceeding, which,
    notwithstanding section 12(b)(3), need not be extendable to 6
    months;
    ``(2) set limits governing the timing and number of
    petitions filed for a particular registration or by a particular
    petitioner or real parties in interest; and
    ``(3) define the relation of a reexamination proceeding
    under this section to other proceedings concerning the mark.

    ``(f) Registrant's Evidence of Use.--A registrant's documentary
    evidence of use shall be consistent with when a mark shall be deemed to
    be in use in commerce under the definition of `use in commerce' in
    section 45, but shall not be limited in form to that of specimens as
    provided in section 1(a).
    ``(g) Examiner's Decision; Order to Cancel.--For each good or
    service for which it is determined that the registration should not have
    issued because the mark was not in use in commerce on or before the
    relevant date, the examiner shall find that the registration should be
    cancelled for each such good or service. Unless overturned on review of
    the examiner's decision, the Director shall issue an order cancelling
    the registration, in whole or in part, after the time for appeal has
    expired or any appeal proceeding has terminated.
    ``(h) Reexamination by Director.--
    ``(1) <>  In general.--The Director
    may, on the Director's own initiative, institute an ex parte
    reexamination proceeding if the Director discovers information
    that supports a prima facie case of the mark having not been
    used in commerce on or in connection with some or all of the
    goods or services covered by the registration on or before the
    relevant date. <>  The Director shall
    promptly notify the registrant of such determination, at which
    time reexamination shall proceed according to the same
    procedures established pursuant to subsection (e). If the
    Director determines, based on the Director's own initiative, to
    institute an ex parte reexamination proceeding, the Director
    shall transmit or make available the information that formed the
    basis for that determination as part of the institution notice.

    [[Page 2207]]

    ``(2) Rule of construction.--Nothing in this subsection
    shall be construed to limit any other authority of the Director.

    ``(i) Time for Institution.--A petition for ex parte reexamination
    may be filed, or the Director may institute on the Director's own
    initiative an ex parte reexamination proceeding, at any time not later
    than 5 years after the date of registration of a mark registered based
    on use in commerce.
    ``(j) Limitation on Later Ex Parte Reexamination Proceedings.--
    ``(1) No co-pending proceedings.--With respect to a
    particular registration, while an ex parte reexamination
    proceeding is pending, no later ex parte reexamination
    proceeding may be instituted with respect to the same goods or
    services that are the subject of a pending ex parte
    reexamination proceeding.
    ``(2) Estoppel.--With respect to a particular registration,
    for any goods or services previously subject to an instituted ex
    parte reexamination proceeding for which, in that proceeding, it
    was determined that the registrant had used the mark for
    particular goods or services before the relevant date, and the
    registration was not cancelled as to those goods or services, no
    further ex parte reexamination proceedings may be initiated as
    to those goods or services, regardless of the identity of the
    petitioner.

    ``(k) <>  Supplemental Register.--The
    provisions of subsection (b) apply, as appropriate, to registrations
    under section 23. Nothing in this section shall be construed to limit
    the timing of a cancellation action under section 24.''.

    (d) Appeal.--
    (1) Appeal to trademark trial and appeal board.--Section 20
    of the Trademark Act of 1946 (15 U.S.C. 1070) is amended by
    inserting ``or a final decision by an examiner in an ex parte
    expungement proceeding or ex parte reexamination proceeding''
    after ``registration of marks''.
    (2) Appeal to courts.--
    (A) Expungement or ex parte reexamination.--Section
    21(a)(1) of the Trademark Act of 1946 (15 U.S.C.
    1071(a)(1)) is amended by striking ``or an applicant for
    renewal'' and inserting the following: ``an applicant
    for renewal, or a registrant subject to an ex parte
    expungement proceeding or an ex parte reexamination
    proceeding''.
    (B) Exception.--Section 21(b)(1) of the Trademark
    Act of 1946 (15 U.S.C. 1071(b)(1)) is amended by
    inserting ``, except for a registrant subject to an ex
    parte expungement proceeding or an ex parte
    reexamination proceeding,'' before ``is dissatisfied''.

    (e) Technical and Conforming Amendments.--The Trademark Act of 1946
    is amended--
    (1) in section 15 (15 U.S.C. 1065), by striking ``paragraphs
    (3) and (5)'' and inserting ``paragraphs (3), (5), and (6)'';
    and
    (2) in section 26 (15 U.S.C. 1094), by adding at the end the
    following: ``Registrations on the supplemental register shall be
    subject to ex parte expungement and ex parte reexamination under
    sections 16A and 16B, respectively.''.

    (f) <>  Deadline for
    Procedures.--Not later than 1 year after the date of enactment of this
    Act, the Director shall issue regulations to carry out sections 16A and
    16B of the Trademark Act of 1946, as added by subsections (a) and (c).

    [[Page 2208]]

    (g) <>  Effective Date.--The
    amendments made by this section shall take effect upon the expiration of
    the 1-year period beginning on the date of enactment of this Act, and
    shall apply to any mark registered before, on, or after that effective
    date.
    SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

    (a) Amendment.--Section 34(a) of the Trademark Act of 1946 (15
    U.S.C. 1116(a)) is amended by inserting after the first sentence the
    following: ``A plaintiff seeking any such injunction shall be entitled
    to a rebuttable presumption of irreparable harm upon a finding of a
    violation identified in this subsection in the case of a motion for a
    permanent injunction or upon a finding of likelihood of success on the
    merits for a violation identified in this subsection in the case of a
    motion for a preliminary injunction or temporary restraining order.''.
    (b) <>  Rule of Construction.--The
    amendment made by subsection (a) shall not be construed to mean that a
    plaintiff seeking an injunction was not entitled to a presumption of
    irreparable harm before the date of enactment of this Act.
    SEC. 227. REPORT ON DECLUTTERING INITIATIVES.

    (a) <>  Study.--The Comptroller
    General of the United States shall consult with the Director to conduct
    a study on the efforts of the Director during the period beginning 12
    months after the date of enactment of this Act and ending 30 months
    after the date of enactment of this Act to address inaccurate and false
    claims of use in trademark applications and registrations. Inaccurate
    and false claims of use include any declaration of use by a trademark
    applicant or registrant that cannot be supported by use in commerce as
    defined in section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) or
    the regulations relevant to the definition of specimens under section 1
    of the Trademark Act of 1946 (15 U.S.C. 1051), as applicable.

    (b) <>  Contents of Study.--In conducting the
    study under subsection (a), the Comptroller General shall assess the
    following:
    (1) With respect to sections 16A and 16B of the Trademark
    Act of 1946, as added by section 225--
    (A) the number of petitions filed under each such
    section for which a decision not to institute was
    issued;
    (B) the number of petitions filed under each such
    section for which a decision to institute was issued;
    (C) the number of in-process and completed
    proceedings instituted under each such section,
    including any proceedings instituted by the Director's
    own initiative;
    (D) the average time taken to resolve proceedings
    instituted under each such section, including the
    average time between--
    (i) the filing of a petition under each such
    section and an examiner's final decision under
    section 16A(g) and 16B(g), or the last decision
    issued by the examiner if the registrant failed to
    respond to the latest-in-time decision by the
    examiner; and
    (ii) the institution of a proceeding under
    each such section, including any proceedings
    instituted by the Director's own initiative, and
    an examiner's final decision under section 16A(g)
    and 16B(g), or the last decision issued by the
    examiner if the registrant failed

    [[Page 2209]]

    to respond to the latest-in-time decision by the
    examiner;
    (E) the number of appeals of decisions of examiners
    to the Trademark Trial and Appeal Board and to the
    courts for each such proceeding; and
    (F) an accounting of the final outcome of each such
    proceeding instituted by identifying the number of goods
    or services for which such proceedings were instituted,
    and the number of goods or services for each involved
    registration that were cancelled pursuant to such
    proceedings.
    (2) With respect to section 1(f) of the Trademark Act of
    1946, as added by section 223--
    (A) the number of third-party submissions filed
    under such section for which the third-party asserts in
    the submission that the mark has not been used in
    commerce; and
    (B) of the applications identified in subparagraph
    (A), the number of applications in which the third-party
    submission evidence is included in the application; and
    (C) of those applications identified in subparagraph
    (B), the number of applications--
    (i) refused registration based on an assertion
    by the examiner that the mark has not been used in
    commerce; and
    (ii) for which the examiner requested
    additional information from the applicant related
    to claims of use.
    (3) The effectiveness of--
    (A) the proceedings under sections 16A and 16B of
    the Trademark Act of 1946, as added by section 225, in
    addressing inaccurate and false claims of use in
    trademark registrations; and
    (B) any additional programs conducted by the
    Director designed to address inaccurate and false claims
    of use in trademark applications and registrations,
    including the post-registration use audit, as
    implemented as of the date of enactment of this Act
    under sections 2.161(h) and 7.37(h) of title 37, Code of
    Federal Regulations.

    (c) Report to Congress.--Not later than 3 years after the date of
    enactment of this Act, the Comptroller General of the United States
    shall submit to the Committee on the Judiciary of the Senate and the
    Committee on the Judiciary of the House of Representatives a report--
    (1) on the results of the study conducted under this
    section; and
    (2) <>  that includes any
    recommendations, based on the results of the study, for any
    changes to laws or regulations that will improve the integrity
    of the trademark register or reduce inaccurate or false claims
    of use.
    SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR.

    (a) Amendments.--
    (1) Section 18 of the Trademark Act of 1946 (15 U.S.C. 1068)
    is amended by inserting after ``established in the proceedings''
    the following: ``. The authority of the Director under this
    section includes the authority to reconsider, and modify

    [[Page 2210]]

    or set aside, a decision of the Trademark Trial and Appeal
    Board''.
    (2) Section 20 of the Trademark Act of 1946 (15 U.S.C. 1070)
    is amended by adding at the end the following: ``The Director
    may reconsider, and modify or set aside, a decision of the
    Trademark Trial and Appeal Board under this section.''.
    (3) Section 24 of the Trademark Act of 1946 (15 U.S.C. 1092)
    is amended by inserting after ``shall be canceled by the
    Director'' the following: ``, unless the Director reconsiders
    the decision of the Board, and modifies or sets aside, such
    decision''.

    (b) <>  Rules of Construction.--
    (1) Authority before date of enactment.--The amendments made
    by subsection (a) shall not be construed to mean that the
    Director lacked the authority to reconsider, and modify or set
    aside, a decision of the Trademark Trial and Appeal Board before
    the date of enactment of this Act.
    (2) Authority with respect to particular decisions.--The
    amendments made by subsection (a) shall not be construed to
    require the Director to reconsider, modify, or set aside any
    particular decision of the Trademark Trial and Appeal Board.

    DIVISION R-- <> PROTECTING OUR INFRASTRUCTURE OF
    PIPELINES AND ENHANCING SAFETY ACT OF 2020
    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This division may be
    cited as the ``Protecting our Infrastructure of Pipelines and Enhancing
    Safety Act of 2020'' or the ``PIPES Act of 2020''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.

    TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

    Sec. 101. Authorization of appropriations.
    Sec. 102. Pipeline workforce development.
    Sec. 103. Cost recovery and fees for facility reviews.
    Sec. 104. Advancement of new pipeline safety technologies and
    approaches.
    Sec. 105. Pipeline safety testing enhancement study.
    Sec. 106. Regulatory updates.
    Sec. 107. Self-disclosure of violations.
    Sec. 108. Due process protections in enforcement proceedings.
    Sec. 109. Pipeline operating status.
    Sec. 110. Updates to standards for liquefied natural gas facilities.
    Sec. 111. National Center of Excellence for Liquefied Natural Gas
    Safety.
    Sec. 112. Prioritization of rulemaking.
    Sec. 113. Leak detection and repair.
    Sec. 114. Inspection and maintenance plans.
    Sec. 115. Consideration of pipeline class location changes.
    Sec. 116. Protection of employees providing pipeline safety information.
    Sec. 117. Interstate drug and alcohol oversight.
    Sec. 118. Purpose and general authority.
    Sec. 119. National Academy of Sciences study on automatic and remote-
    controlled shut-off valves on existing pipelines.
    Sec. 120. Unusually sensitive areas.
    Sec. 121. Safety-related condition reports.
    Sec. 122. Risk analysis and integrity management programs.
    Sec. 123. Rule of construction.

    [[Page 2211]]

    TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

    Sec. 201. Short title.
    Sec. 202. Distribution integrity management plans.
    Sec. 203. Emergency response plans.
    Sec. 204. Operations and maintenance manuals.
    Sec. 205. Pipeline safety management systems.
    Sec. 206. Pipeline safety practices.

    SEC. 2. <>  DEFINITIONS.

    In this Act:
    (1) Administration.--The term ``Administration'' means the
    Pipeline and Hazardous Materials Safety Administration.
    (2) Administrator.--The term ``Administrator'' means the
    Administrator of the Administration.
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Transportation.

    TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Gas and Hazardous Liquid.--Section 60125 of title 49, United
    States Code, is amended by striking subsection (a) and inserting the
    following:
    ``(a) Gas and Hazardous Liquid.--
    ``(1) In general.--From fees collected under section 60301,
    there are authorized to be appropriated to the Secretary to
    carry out section 12 of the Pipeline Safety Improvement Act of
    2002 (49 U.S.C. 60101 note; Public Law 107-355) and the
    provisions of this chapter relating to gas and hazardous
    liquid--
    ``(A) $156,400,000 for fiscal year 2021, of which--
    ``(i) $9,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $63,000,000 shall be used for making
    grants;
    ``(B) $158,500,000 for fiscal year 2022, of which--
    ``(i) $9,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $66,000,000 shall be used for making
    grants; and
    ``(C) $162,700,000 for fiscal year 2023, of which--
    ``(i) $9,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $69,000,000 shall be used for making
    grants.
    ``(2) Trust fund amounts.--In addition to the amounts
    authorized to be appropriated under paragraph (1), there are
    authorized to be appropriated from the Oil Spill Liability Trust
    Fund established by section 9509(a) of the Internal Revenue Code
    of 1986 to carry out section 12 of the Pipeline Safety
    Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355) and the provisions of this chapter relating to hazardous
    liquid--
    ``(A) $27,000,000 for fiscal year 2021, of which--

    [[Page 2212]]

    ``(i) $3,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $11,000,000 shall be used for making
    grants;
    ``(B) $27,650,000 for fiscal year 2022, of which--
    ``(i) $3,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $12,000,000 shall be used for making
    grants; and
    ``(C) $28,700,000 for fiscal year 2023, of which--
    ``(i) $3,000,000 shall be used to carry out
    section 12 of the Pipeline Safety Improvement Act
    of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355); and
    ``(ii) $13,000,000 shall be used for making
    grants.
    ``(3) Underground natural gas storage facility safety
    account.--From fees collected under section 60302, there is
    authorized to be appropriated to the Secretary to carry out
    section 60141 $8,000,000 for each of fiscal years 2021 through
    2023.
    ``(4) Recruitment and retention.--From amounts made
    available to the Secretary under paragraphs (1) and (2), the
    Secretary shall use--
    ``(A) $ 1,520,000 to carry out section 102(b)(1) of
    the PIPES Act of 2020, of which--
    ``(i) $1,292,000 shall be from amounts made
    available under paragraph (1)(A); and
    ``(ii) $228,000 shall be from amounts made
    available under paragraph (2)(A);
    ``(B) $2,300,000 to carry out section 102(b)(2)(A)
    of the PIPES Act of 2020, of which--
    ``(i) $1,955,000 shall be from amounts made
    available under paragraph (1)(A); and
    ``(ii) $345,000 shall be from amounts made
    available under paragraph (2)(A);
    ``(C) $1,600,000 to carry out section 102(b)(2)(B)
    of the PIPES Act of 2020, of which--
    ``(i) $1,360,000 shall be from amounts made
    available under paragraph (1)(B); and
    ``(ii) $240,000 shall be from amounts made
    available under paragraph (2)(B);
    ``(D) $1,800,000 to carry out section 102(b)(2)(C)
    of the PIPES Act of 2020, of which--
    ``(i) $ 1,530,000 shall be from amounts made
    available under paragraph (1)(C); and
    ``(ii) $270,000 shall be from amounts made
    available under paragraph (2)(C);
    ``(E) $2,455,000 to carry out section 102(c) of the
    PIPES Act of 2020 in fiscal year 2021, of which--
    ``(i) $2,086,750 shall be from amounts made
    available under paragraph (1)(A); and
    ``(ii) $368,250 shall be from amounts made
    available under paragraph (2)(A);
    ``(F) $2,455,000 to carry out section 102(c) of the
    PIPES Act of 2020 in fiscal year 2022, of which--
    ``(i) $2,086,750 shall be from amounts made
    available under paragraph (1)(B); and

    [[Page 2213]]

    ``(ii) $368,250 shall be from amounts made
    available under paragraph (2)(B); and
    ``(G) $2,455,000 to carry out section 102(c) of the
    PIPES Act of 2020 in fiscal year 2023, of which--
    ``(i) $2,086,750 shall be from amounts made
    available under paragraph (1)(C); and
    ``(ii) $368,250 shall be from amounts made
    available under paragraph (2)(C).''.

    (b) Operational Expenses.--Section 2(b) of the PIPES Act of 2016
    (Public Law 114-183; 130 Stat. 515) is amended by striking paragraphs
    (1) through (4) and inserting the following:
    ``(1) $25,000,000 for fiscal year 2021.
    ``(2) $26,000,000 for fiscal year 2022.
    ``(3) $27,000,000 for fiscal year 2023.''.

    (c) One-call Notification Programs.--Section 6107 of title 49,
    United States Code, is amended by striking `` $1,058,000 for each of
    fiscal years 2016 through 2019'' and inserting `` $1,058,000 for each of
    fiscal years 2021 through 2023''.
    (d) Emergency Response Grants.--Section 60125(b)(2) of title 49,
    United States Code, is amended by striking ``fiscal years 2012 through
    2015'' and inserting ``fiscal years 2021 through 2023''.
    (e) Pipeline Safety Information Grants to Communities.--Section
    60130 of title 49, United States Code, is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in the first sentence, by striking ``to
    local communities and groups of individuals (not
    including for-profit entities)'' and inserting
    ``to local communities, Indian Tribes, and groups
    of individuals (not including for-profit
    entities)''; and
    (ii) in the third sentence, by striking ``The
    amount'' and inserting ``Except as provided in
    subsection (c)(2), the amount''; and
    (B) by striking paragraph (4);
    (2) by striking subsection (c) and inserting the following:

    ``(c) Funding.--
    ``(1) In general.--Subject to paragraph (2), out of amounts
    made available under section 2(b) of the PIPES Act of 2016
    (Public Law 114-183; 130 Stat. 515), the Secretary shall use
    $2,000,000 for each of fiscal years 2021 through 2023 to carry
    out this section.
    ``(2) Improving technical assistance.--From the amounts used
    to carry out this section under paragraph (1) each fiscal year,
    the Secretary shall award $1,000,000 to an eligible applicant
    through a competitive selection process for the purpose of
    improving the quality of technical assistance provided to
    communities or individuals under this section.
    ``(3) Limitation.--Any amounts used to carry out this
    section shall not be derived from user fees collected under
    section 60301.''; and
    (3) by adding at the end the following:

    ``(d) Definitions.--In this section:
    ``(1) Technical assistance.--The term `technical assistance'
    means engineering, research, and other scientific analysis of
    pipeline safety issues, including the promotion of public
    participation on technical pipeline safety issues in proceedings
    related to this chapter.

    [[Page 2214]]

    ``(2) Eligible applicant.--The term `eligible applicant'
    means a nonprofit entity that--
    ``(A) is a public safety advocate;
    ``(B) has pipeline safety expertise;
    ``(C) is able to provide individuals and communities
    with technical assistance; and
    ``(D) was established with funds designated for the
    purpose of community service through the implementation
    of section 3553 of title 18 relating to violations of
    this chapter.''.

    (f) Damage Prevention Programs.--Section 60134(i) of title 49,
    United States Code, is amended in the first sentence by striking
    ``fiscal years 2012 through 2015'' and inserting ``fiscal years 2021
    through 2023''.
    (g) Pipeline Integrity Program.--Section 12(f) of the Pipeline
    Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law 107-
    355) is amended by striking ``2016 through 2019'' and inserting ``2021
    through 2023''.
    SEC. 102. <>  PIPELINE WORKFORCE
    DEVELOPMENT.

    (a) <>  Inspector Training.--Not later than 1 year
    after the date of enactment of this Act, the Administrator shall--
    (1) <>  review the inspector training
    programs provided at the Inspector Training and Qualifications
    Division of the Administration in Oklahoma City, Oklahoma; and
    (2) <>  determine whether any of the
    programs referred to in paragraph (1), or any portions of the
    programs, could be provided online through teletraining or
    another type of distance learning.

    (b) Staffing.--
    (1) In general.--The Secretary shall increase the number of
    full-time equivalent employees (as compared to the number of
    positions on the date of enactment of this Act) by 8 full-time
    employees with subject matter expertise in pipeline safety,
    pipeline facilities, and pipeline systems to finalize
    outstanding rulemakings and fulfill congressional mandates.
    (2) Pipeline inspection and enforcement personnel.--The
    Secretary shall ensure that the number of full-time positions
    for pipeline inspection and enforcement personnel in the Office
    of Pipeline Safety of the Administration does not fall below the
    following:
    (A) 224 for fiscal year 2021.
    (B) 235 for fiscal year 2022.
    (C) 247 for fiscal year 2023.

    (c) Recruitment and Retention Incentives.--
    (1) In general.--The Secretary shall use incentives, as
    necessary, to recruit and retain a qualified workforce,
    including inspection and enforcement personnel and attorneys and
    subject matter experts at the Office of Pipeline Safety of the
    Administration, including--
    (A) special pay rates permitted under section 5305
    of title 5, United States Code;
    (B) repayment of student loans permitted under
    section 5379 of that title;
    (C) tuition assistance permitted under chapter 41 of
    that title;

    [[Page 2215]]

    (D) recruitment incentives permitted under section
    5753 of that title; and
    (E) retention incentives permitted under section
    5754 of that title.
    (2) Continued service agreement.--The Secretary shall ensure
    that the incentives described in paragraph (1) are accompanied
    by a continued service agreement.
    (3) Approval.--The Secretary shall request, as necessary,
    the approval of the Office of Personnel Management to use the
    incentives described in paragraph (1).
    SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

    (a) Fees for Compliance Reviews of Liquefied Natural Gas
    Facilities.--Chapter 603 of title 49, United States Code, is amended by
    inserting after section 60302 the following:
    ``Sec. 60303. <>  Fees for compliance reviews
    of liquefied natural gas facilities

    ``(a) Imposition of Fee.--
    ``(1) In general.--The Secretary of Transportation (referred
    to in this section as the `Secretary') shall impose on a person
    who files with the Federal Energy Regulatory Commission an
    application for a liquefied natural gas facility that has design
    and construction costs totaling not less than $2,500,000,000 a
    fee for the necessary expenses of a review, if any, that the
    Secretary conducts, in connection with that application, to
    determine compliance with subpart B of part 193 of title 49,
    Code of Federal Regulations (or successor regulations).
    ``(2) Relation to other review.--The Secretary may not
    impose fees under paragraph (1) and section 60117(o) or 60301(b)
    for the same compliance review described in paragraph (1).

    ``(b) Means of Collection.--
    ``(1) <>  In general.--The Secretary
    shall prescribe procedures to collect fees under this section.
    ``(2) Use of government entities.--The Secretary may--
    ``(A) use a department, agency, or instrumentality
    of the Federal Government or of a State or local
    government to collect fees under this section; and
    ``(B) <>  reimburse that
    department, agency, or instrumentality a reasonable
    amount for the services provided.

    ``(c) Account.--There is established an account, to be known as the
    `Liquefied Natural Gas Siting Account', in the Pipeline Safety Fund
    established in the Treasury of the United States under section 60301.''.
    (b) Clerical Amendment.--The table of sections for chapter 603 of
    title 49, United States Code, <>  is amended
    by inserting after the item relating to section 60302 the following:

    ``60303. Fees for compliance reviews of liquefied natural gas
    facilities.''.

    SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND
    APPROACHES.

    (a) In General.--Chapter 601 of title 49, United States Code, is
    amended by adding at the end the following:

    [[Page 2216]]

    ``Sec. 60142. <>  Pipeline safety enhancement
    programs

    ``(a) <>  In General.--The Secretary may
    establish and carry out limited safety-enhancing testing programs to
    evaluate innovative technologies and operational practices testing the
    safe operation of--
    ``(1) a natural gas pipeline facility; or
    ``(2) a hazardous liquid pipeline facility.

    ``(b) Limitations.--
    ``(1) In general.--Testing programs established under
    subsection (a) may not exceed--
    ``(A) 5 percent of the total miles of hazardous
    liquid pipelines in the United States that are regulated
    by--
    ``(i) the Pipeline and Hazardous Materials
    Safety Administration; or
    ``(ii) a State authority under section 60105
    or 60106; and
    ``(B) 5 percent of the total miles of natural gas
    pipelines in the United States that are regulated by--
    ``(i) the Pipeline and Hazardous Materials
    Safety Administration; or
    ``(ii) a State authority under section 60105
    or 60106.
    ``(2) Operator mileage limitation.--The Secretary shall
    limit the miles of pipelines that each operator can test under
    each program established under subsection (a) to the lesser of--
    ``(A) 38 percent of the total miles of pipelines in
    the system of the operator that are regulated by--
    ``(i) the Pipeline and Hazardous Materials
    Safety Administration; or
    ``(ii) a State authority under section 60105
    or 60106; or
    ``(B) 1,000 miles.
    ``(3) Prohibited areas.--Any program established under
    subsection (a) shall not be located in--
    ``(A) a high population area (as defined in section
    195.450 of title 49, Code of Federal Regulations (or a
    successor regulation));
    ``(B) a high consequence area (as defined in section
    192.903 of title 49, Code of Federal Regulations (or a
    successor regulation)); or
    ``(C) an unusually sensitive area (as described
    under subsection (a)(1)(B)(ii) of section 60109 in
    accordance with subsection (b) of that section).
    ``(4) High consequence areas for hazardous liquid
    pipelines.--
    ``(A) <>  In general.--Not later
    than 1 year after the date of enactment of this section,
    the Secretary shall submit to Congress a report
    examining the benefits and costs of prohibiting the
    testing of hazardous liquid pipelines in high
    consequence areas (as defined in section 195.450 of
    title 49, Code of Federal Regulations (or a successor
    regulation)).
    ``(B) Contents of report.--The report described in
    subparagraph (A) shall examine--
    ``(i) the safety benefits of allowing the
    testing of hazardous liquid pipelines in high
    consequence areas

    [[Page 2217]]

    (as defined in section 195.450 of title 49, Code
    of Federal Regulations (or a successor
    regulation)); and
    ``(ii) whether additional testing conditions
    are required to protect those areas while
    conducting a testing program established under
    subsection (a) in those areas.

    ``(c) Duration.--
    ``(1) In general.--The term of a testing program established
    under subsection (a) shall be not more than a period of 3 years
    beginning on the date of approval of the program.
    ``(2) Requirement.--The Secretary shall not establish any
    additional safety-enhancing testing programs under subsection
    (a) after the date that is 3 years after the date of enactment
    of this section.

    ``(d) Safety Standards.--
    ``(1) <>  In general.--The Secretary
    shall require, as a condition of approval of a testing program
    under subsection (a), that the safety measures in the testing
    program are designed to achieve a level of safety that is
    greater than the level of safety required by this chapter.
    ``(2) Determination.--
    ``(A) In general.--The Secretary may issue an order
    under subparagraph (A) of section 60118(c)(1) to
    accomplish the purpose of a testing program for a term
    not to exceed the time period described in subsection
    (c) if the condition described in paragraph (1) is met,
    as determined by the Secretary.
    ``(B) Limitation.--An order under subparagraph (A)
    shall pertain only to those regulations that would
    otherwise prevent the use of the safety technology to be
    tested under the testing program.
    ``(3) Increased safety capabilities.--For purposes of
    paragraph (1), improvement in the reliability, accuracy,
    durability, or certainty of pipeline safety technologies,
    techniques, or methods shall constitute an appropriate means of
    meeting the safety measure requirement described in that
    paragraph.

    ``(e) Considerations.--In establishing a testing program under
    subsection (a), the Secretary shall consider--
    ``(1) the accident and incident record of the owners or
    operators participating in the program;
    ``(2)(A) whether the owners or operators participating in
    the program have a safety management system in place; and
    ``(B) how the application of that system proposes to
    eliminate or mitigate potential safety and environmental risks
    throughout the duration of the program; and
    ``(3) whether the proposed safety technology has been tested
    through a research and development program carried out by--
    ``(A) the Secretary;
    ``(B) collaborative research development
    organizations; or
    ``(C) other institutions.

    ``(f) Data and Findings.--
    ``(1) In general.--As a participant in a testing program
    established under subsection (a), an owner or operator shall
    submit to the Secretary detailed findings and a summary of data
    collected as a result of participation in the testing program.

    [[Page 2218]]

    ``(2) <>  Public report.--The Secretary
    shall make publicly available on the website of the Department
    of Transportation an annual report for any ongoing testing
    program established under subsection (a) summarizing the
    progress of the program.

    ``(g) Authority to Revoke Participation.--The Secretary shall
    immediately revoke participation in a testing program under subsection
    (a) if--
    ``(1)(A) the participant has an accident or incident
    involving death or personal injury necessitating in-patient
    hospitalization; and
    ``(B) the testing program is determined to be the cause of,
    or a contributing factor to, that accident or incident;
    ``(2) the participant fails to comply with the terms and
    conditions of the testing program; or
    ``(3) <>  in the determination of the
    Secretary, continued participation in the testing program by the
    participant would be unsafe or would not be consistent with the
    goals and objectives of this chapter.

    ``(h) Authority to Terminate Program.--The Secretary shall
    immediately terminate a testing program under subsection (a) if
    continuation of the testing program would not be consistent with the
    goals and objectives of this chapter.
    ``(i) State Rights.--
    ``(1) Exemption.--Except as provided in paragraph (2), if a
    State submits to the Secretary notice that the State requests an
    exemption from any testing program considered for establishment
    under this section, the State shall be exempt.
    ``(2) Limitations.--
    ``(A) In general.--The Secretary shall not grant a
    requested exemption under paragraph (1) after a testing
    program is established.
    ``(B) <>  Late notice.--The
    Secretary shall not grant a requested exemption under
    paragraph (1) if the notice submitted under that
    paragraph is submitted to the Secretary more than 30
    days after the date on which the Secretary issues an
    order providing an effective date for the testing
    program in accordance with subsection (j).
    ``(3) Effect.--If a State has not submitted a notice
    requesting an exemption under paragraph (1), the State shall not
    enforce any law (including regulations) that is inconsistent
    with a testing program in effect in the State under this
    section.

    ``(j) Program Review Process and Public Notice.--
    ``(1) <>
    In general.--The Secretary shall publish in the Federal Register
    and send directly to each relevant State and each appropriate
    State authority with a certification in effect under section
    60105 a notice of each proposed testing program under subsection
    (a), including the order to be considered, and provide an
    opportunity for public comment for not less than 90 days.
    ``(2) <>  Response from secretary.--Not
    later than the date on which the Secretary issues an order
    providing an effective date of a testing program noticed under
    paragraph (1), the Secretary shall--
    ``(A) <>
    publish the order in the Federal Register; and
    ``(B) respond to each comment submitted under
    paragraph (1).

    [[Page 2219]]

    ``(k) <>  Report to
    Congress.--At the conclusion of each testing program, the Secretary
    shall make publicly available on the website of the Department of
    Transportation a report containing--
    ``(1) the findings and conclusions of the Secretary with
    respect to the testing program; and
    ``(2) <>  any recommendations of
    the Secretary with respect to the testing program, including any
    recommendations for amendments to laws (including regulations)
    and the establishment of standards, that--
    ``(A) would enhance the safe operation of interstate
    gas or hazardous liquid pipeline facilities; and
    ``(B) are technically, operationally, and
    economically feasible.

    ``(l) <>  Standards.--If a report under
    subsection (k) indicates that it is practicable to establish
    technically, operationally, and economically feasible standards for the
    use of a safety-enhancing technology and any corresponding operational
    practices tested by the testing program described in the report, the
    Secretary, as soon as practicable after submission of the report, may
    promulgate regulations consistent with chapter 5 of title 5 (commonly
    known as the `Administrative Procedure Act') that--
    ``(1) allow operators of interstate gas or hazardous liquid
    pipeline facilities to use the relevant technology or practice
    to the extent practicable; and
    ``(2) establish technically, operationally, and economically
    feasible standards for the capability and deployment of the
    technology or practice.''.

    (b) Clerical Amendment.--The table of sections for chapter 601 of
    title 49, United States Code, <>  is amended
    by inserting after the item relating to section 60141 the following:

    ``60142. Pipeline safety enhancement programs.''.

    SEC. 105. <>  PIPELINE SAFETY TESTING ENHANCEMENT
    STUDY.

    Not later than 2 years after the date of enactment of this Act, the
    Secretary shall submit to the Committees on Commerce, Science, and
    Transportation and Appropriations of the Senate and the Committees on
    Transportation and Infrastructure, Energy and Commerce, and
    Appropriations of the House of Representatives a report relating to--
    (1) the research and development capabilities of the
    Administration, in accordance with section 12 of the Pipeline
    Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public Law
    107-355);
    (2)(A) the development of additional testing and research
    capabilities through the establishment of an independent
    pipeline safety testing facility under the Department of
    Transportation;
    (B) whether an independent pipeline safety testing facility
    would be critical to the work of the Administration;
    (C) the costs and benefits of developing an independent
    pipeline safety testing facility under the Department of
    Transportation; and
    (D) the costs and benefits of colocating an independent
    pipeline safety testing facility at an existing training center
    of the Administration; and

    [[Page 2220]]

    (3) the ability of the Administration to use the testing
    facilities of the Department of Transportation, other Federal
    agencies, or federally funded research and development centers.
    SEC. 106. REGULATORY UPDATES.

    (a) Definition of Outstanding Mandate.--In this section, the term
    ``outstanding mandate'' means--
    (1) a final rule required to be issued under the Pipeline
    Safety, Regulatory Certainty, and Job Creation Act of 2011
    (Public Law 112-90; 125 Stat. 1904) that has not been published
    in the Federal Register;
    (2) a final rule required to be issued under the PIPES Act
    of 2016 (Public Law 114-183; 130 Stat. 514) that has not been
    published in the Federal Register; and
    (3) any other final rule regarding gas or hazardous liquid
    pipeline facilities required to be issued under this Act or an
    Act enacted prior to the date of enactment of this Act that has
    not been published in the Federal Register.

    (b) Requirements.--
    (1) <>  Periodic updates.--Not later than
    30 days after the date of enactment of this Act, and every 30
    days thereafter until a final rule referred to in paragraphs (1)
    through (3) of subsection (a) is published in the Federal
    Register, the Secretary shall publish on a publicly available
    website of the Department of Transportation an update regarding
    the status of each outstanding mandate in accordance with
    subsection (c).
    (2) Notification of congress.--On publication of a final
    rule in the Federal Register for an outstanding mandate, the
    Secretary shall submit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committees on
    Transportation and Infrastructure and Energy and Commerce of the
    House of Representatives a notification in accordance with
    subsection (c).

    (c) Contents.--An update published or a notification submitted under
    paragraph (1) or (2) of subsection (b) shall contain, as applicable--
    (1) with respect to information relating to the
    Administration--
    (A) a description of the work plan for each
    outstanding mandate;
    (B) an updated rulemaking timeline for each
    outstanding mandate;
    (C) the staff allocations with respect to each
    outstanding mandate;
    (D) any resource constraints affecting the
    rulemaking process for each outstanding mandate;
    (E) any other details associated with the
    development of each outstanding mandate that affect the
    progress of the rulemaking process with respect to that
    outstanding mandate; and
    (F) a description of all rulemakings regarding gas
    or hazardous liquid pipeline facilities published in the
    Federal Register that are not identified under
    subsection (b)(2); and
    (2) with respect to information relating to the Office of
    the Secretary--

    [[Page 2221]]

    (A) the date that the outstanding mandate was
    submitted to the Office of the Secretary for review;
    (B) <>  the reason that the
    outstanding mandate is under review beyond 45 days;
    (C) the staff allocations within the Office of the
    Secretary with respect to each the outstanding mandate;
    (D) any resource constraints affecting review of the
    outstanding mandate;
    (E) <>  an estimated timeline of
    when review of the outstanding mandate will be complete,
    as of the date of the update;
    (F) if applicable, the date that the outstanding
    mandate was returned to the Administration for revision
    and the anticipated date for resubmission to the Office
    of the Secretary;
    (G) the date that the outstanding mandate was
    submitted to the Office of Management and Budget for
    review; and
    (H) <>  a statement of whether the
    outstanding mandate remains under review by the Office
    of Management and Budget.
    SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

    Section 60122(b)(1) of title 49, United States Code, is amended--
    (1) in subparagraph (B), by striking ``and'' at the end; and
    (2) by adding at the end the following:
    ``(D) self-disclosure and correction of violations,
    or actions to correct a violation, prior to discovery by
    the Pipeline and Hazardous Materials Safety
    Administration; and''.
    SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

    (a) In General.--Section 60117 of title 49, United States Code, is
    amended--
    (1) by redesignating subsections (b) through (o) as
    subsections (c) through (p), respectively; and
    (2) by inserting after subsection (a) the following:

    ``(b) Enforcement Procedures.--
    ``(1) <>  Process.--In implementing
    enforcement procedures under this chapter and part 190 of title
    49, Code of Federal Regulations (or successor regulations), the
    Secretary shall--
    ``(A) allow the respondent to request the use of a
    consent agreement and consent order to resolve any
    matter of fact or law asserted;
    ``(B) allow the respondent and the agency to convene
    1 or more meetings--
    ``(i) for settlement or simplification of the
    issues; or
    ``(ii) to aid in the disposition of issues;
    ``(C) require that the case file in an enforcement
    proceeding include all agency records pertinent to the
    matters of fact and law asserted;
    ``(D) allow the respondent to reply to each post-
    hearing submission of the agency;

    [[Page 2222]]

    ``(E) allow the respondent to request that a hearing
    be held, and an order be issued, on an expedited basis;
    ``(F) require that the agency have the burden of
    proof, presentation, and persuasion in any enforcement
    matter;
    ``(G) require that any order contain findings of
    relevant fact and conclusions of law;
    ``(H) <>  require
    the Office of Pipeline Safety to file a post-hearing
    recommendation not later than 30 days after the deadline
    for any post-hearing submission of a respondent;
    ``(I) <>  require an order on a
    petition for reconsideration to be issued not later than
    120 days after the date on which the petition is filed;
    and
    ``(J) allow an operator to request that an issue of
    controversy or uncertainty be addressed through a
    declaratory order in accordance with section 554(e) of
    title 5.
    ``(2) Open to the public.--A hearing under this section
    shall be--
    ``(A) <>  noticed to the public
    on the website of the Pipeline and Hazardous Materials
    Safety Administration; and
    ``(B) in the case of a formal hearing (as defined in
    section 190.3 of title 49, Code of Federal Regulations
    (or a successor regulation)), open to the public.
    ``(3) Transparency.--
    ``(A) Agreements, orders, and judgments open to the
    public.--With respect to each enforcement proceeding
    under this chapter, the Administrator of the Pipeline
    and Hazardous Materials Safety Administration shall make
    publicly available on the website of the
    Administration--
    ``(i) the charging documents;
    ``(ii) the written response of the respondent,
    if filed; and
    ``(iii) any consent agreement, consent order,
    order, or judgment resulting from a hearing under
    this chapter.
    ``(B) Gao report on pipeline safety program
    collection and transparency of enforcement
    proceedings.--
    ``(i) In general.--Not later than 2 years
    after the date of enactment of the PIPES Act of
    2020, the Comptroller General of the United States
    shall--
    ``(I) <>  review
    information on pipeline enforcement
    actions that the Pipeline and Hazardous
    Materials Safety Administration makes
    publicly available on the internet; and
    ``(II) <>
    submit to the Committee on Commerce,
    Science, and Transportation of the
    Senate and the Committees on
    Transportation and Infrastructure and
    Energy and Commerce of the House of
    Representatives a report on that review,
    including any recommendations under
    clause (iii).
    ``(ii) <>  Contents.--The
    report under clause (i)(II) shall include--
    ``(I) a description of the process
    that the Pipeline and Hazardous
    Materials Safety Administration uses to
    collect and record enforcement
    information;

    [[Page 2223]]

    ``(II) an assessment of whether and,
    if so, how the Pipeline and Hazardous
    Materials Safety Administration ensures
    that enforcement information is made
    available to the public in an accessible
    manner; and
    ``(III) an assessment of the
    information described in clause (i)(I).
    ``(iii) Recommendations.--The report under
    clause (i)(II) may include recommendations
    regarding--
    ``(I) any improvements that could be
    made to the accessibility of the
    information described in clause (i)(I);
    ``(II) whether and, if so, how the
    information described in clause (i)(I)
    could be made more transparent; and
    ``(III) any other recommendations
    that the Comptroller General of the
    United States considers appropriate.
    ``(4) Savings clause.--Nothing in this subsection alters the
    procedures applicable to--
    ``(A) an emergency order under subsection (p);
    ``(B) a safety order under subsection (m); or
    ``(C) a corrective action order under section
    60112.''.

    (b) Conforming Amendments.--
    (1) Section 60109(g)(4) of title 49, United States Code, is
    amended by striking ``section 60117(c)'' and inserting ``section
    60117(d)''.
    (2) Section 60117(p) of title 49, United States Code (as
    redesignated by subsection (a)(1)), is amended, in paragraph
    (3)(E), by striking ``60117(l)'' and inserting ``subsection
    (m)''.
    (3) Section 60118(a)(3) of title 49, United States Code, is
    amended by striking ``section 60117(a)-(d)'' and inserting
    ``subsections (a) through (e) of section 60117''.
    SEC. 109. PIPELINE OPERATING STATUS.

    (a) In General.--Chapter 601 of title 49, United States Code (as
    amended by section 104(a)), is amended by adding at the end the
    following:
    ``Sec. 60143. <>  Idled pipelines

    ``(a) Definition of Idled.--In this section, the term `idled', with
    respect to a pipeline, means that the pipeline--
    ``(1)(A) has ceased normal operations; and
    ``(B) will not resume service for a period of not less than
    180 days;
    ``(2) has been isolated from all sources of hazardous
    liquid, natural gas, or other gas; and
    ``(3)(A) has been purged of combustibles and hazardous
    materials and maintains a blanket of inert, nonflammable gas at
    low pressure; or
    ``(B) has not been purged as described in subparagraph (A),
    but the volume of gas is so small that there is no potential
    hazard, as determined by the Secretary pursuant to a rule.

    ``(b) Rulemaking.--
    ``(1) <>  In general.--Not later than 2
    years after the date of enactment of the PIPES Act of 2020, the
    Secretary shall

    [[Page 2224]]

    promulgate regulations prescribing the applicability of the
    pipeline safety requirements to idled natural or other gas
    transmission and hazardous liquid pipelines.
    ``(2) Requirements.--
    ``(A) In general.--The applicability of the
    regulations under paragraph (1) shall be based on the
    risk that idled natural or other gas transmission and
    hazardous liquid pipelines pose to the public, property,
    and the environment, and shall include requirements to
    resume operation.
    ``(B) <>  Inspection.--The
    Secretary or an appropriate State agency shall inspect
    each idled pipeline and verify that the pipeline has
    been purged of combustibles and hazardous materials, if
    required under subsection (a).
    ``(C) Requirements for reinspection.--The Secretary
    shall determine the requirements for periodic
    reinspection of idled natural or other gas transmission
    and hazardous liquid pipelines.
    ``(D) Resumption of operations.--As a condition to
    allowing an idled pipeline to resume operations, the
    Secretary shall require that, prior to resuming
    operations, the pipeline shall be--
    ``(i) inspected with--
    ``(I) hydrostatic pressure testing;
    ``(II) an internal inspection
    device; or
    ``(III) if the use of hydrostatic
    pressure testing or an internal
    inspection device is not technologically
    feasible, another comparable technology
    or practice; and
    ``(ii) in compliance with regulations
    promulgated under this chapter, including any
    regulations that became effective while the
    pipeline was idled.''.

    (b) Clerical Amendment.--The table of sections for chapter 601 of
    title 49, United States Code <>  (as amended
    by section 104(b)), is amended by inserting after the item relating to
    section 60142 the following:

    ``60143. Idled pipelines.''.

    SEC. 110. <>  UPDATES TO STANDARDS FOR
    LIQUEFIED NATURAL GAS FACILITIES.

    (a) <>  In General.--Not later than 3 years after
    the date of enactment of this Act, the Secretary shall--
    (1) <>  review the minimum operating and
    maintenance standards prescribed under section 60103(d) of title
    49, United States Code; and
    (2) based on the review under paragraph (1), update the
    standards described in that paragraph applicable to large-scale
    liquefied natural gas facilities (other than peak shaving
    facilities) to provide for a risk-based regulatory approach for
    such facilities, consistent with this section.

    (b) Scope.--In updating the minimum operating and maintenance
    standards under subsection (a)(2), the Secretary shall ensure that all
    regulations, guidance, and internal documents--
    (1) are developed and applied in a manner consistent with
    this section; and

    [[Page 2225]]

    (2) achieve a level of safety that is equivalent to, or
    greater than, the level of safety required by the standards
    prescribed as of the date of enactment of this Act under--
    (A) section 60103(d) of title 49, United States
    Code; and
    (B) part 193 of title 49, Code of Federal
    Regulations (as in effect on the date of enactment of
    this Act).

    (c) Requirements.--The updates to the operating and maintenance
    standards required under subsection (a)(2) shall, at a minimum, require
    operators--
    (1) to develop and maintain written safety information
    identifying hazards associated with--
    (A) the processes of liquefied natural gas
    conversion, storage, and transport;
    (B) equipment used in the processes; and
    (C) technology used in the processes;
    (2) <>  to conduct a hazard assessment,
    including the identification of potential sources of accidental
    releases;
    (3)(A) <>  to consult with employees
    and representatives of employees on the development and
    execution of hazard assessments under paragraph (2); and
    (B) to provide employees access to the records of the hazard
    assessments and any other records required under the updated
    standards;
    (4) to establish a system to respond to the findings of a
    hazard assessment conducted under paragraph (2) that addresses
    prevention, mitigation, and emergency responses;
    (5) <>  to review, when a design change
    occurs, the most recent hazard assessment conducted under
    paragraph (2) and the response system established under
    paragraph (4);
    (6) <>  to develop and implement written
    operating procedures for the processes of liquefied natural gas
    conversion, storage, and transport;
    (7)(A) to provide written safety and operating information
    to employees; and
    (B) to train employees in operating procedures with an
    emphasis on addressing hazards and using safe practices;
    (8) to ensure contractors and contract employees are
    provided appropriate information and training;
    (9) to train and educate employees and contractors in
    emergency response;
    (10) to establish a quality assurance program to ensure that
    equipment, maintenance materials, and spare parts relating to
    the operations and maintenance of liquefied natural gas
    facilities are fabricated and installed consistent with design
    specifications;
    (11) to establish maintenance systems for critical process-
    related equipment, including written procedures, employee
    training, appropriate inspections, and testing of that equipment
    to ensure ongoing mechanical integrity;
    (12) <>  to conduct pre-start-up safety
    reviews of all newly installed or modified equipment;
    (13) <>  to establish and implement
    written procedures to manage change to processes of liquefied
    natural gas conversion, storage, and transport, technology,
    equipment, and facilities; and

    [[Page 2226]]

    (14)(A) <>  to investigate each
    incident that results in, or could have resulted in--
    (i) loss of life;
    (ii) destruction of private property; or
    (iii) a major accident; and
    (B) to have operating personnel--
    (i) <>  review any findings of an
    investigation under subparagraph (A); and
    (ii) if appropriate, take responsive measures.

    (d) Submission and Approval.--
    (1) <>  In general.--The
    Secretary shall require that operators that are subject to the
    regulations under subsection (a)(2) submit to the Secretary for
    approval a plan for the implementation of the requirements
    described in subsection (c).
    (2) Requirement.--The implementation plan described in
    paragraph (1) shall include--
    (A) an anticipated schedule for the implementation
    of the requirements described in subsection (c); and
    (B) an overview of the process for implementation.

    (e) Inspection and Compliance Assurance.--
    (1) <>  Determination of inadequate
    programs.--If the Secretary determines during an inspection
    carried out under chapter 601 of title 49, United States Code,
    that an operator's implementation of the requirements described
    in subsection (c) does not comply with the requirements of that
    chapter (including any regulations promulgated under that
    chapter), has not been adequately implemented, is inadequate for
    the safe operation of a large-scale liquefied natural gas
    facility, or is otherwise inadequate, the Secretary may conduct
    enforcement proceedings under that chapter.
    (2) Savings clause.--Nothing in this section shall affect
    the authority of the Secretary to carry out inspections or
    conduct enforcement proceedings under chapter 601 of title 49,
    United States Code.

    (f) Emergencies and Compliance.--Nothing in this section may be
    construed to diminish or modify--
    (1) the authority of the Secretary under this title to act
    in the case of an emergency; or
    (2) the authority of the Secretary under sections 60118
    through 60123 of title 49, United States Code.

    (g) Civil Penalties.--A person violating the standards prescribed
    under this section, including any revisions to the minimum operating and
    maintenance standards prescribed under 60103 of title 49, United States
    Code, shall be liable for a civil penalty that may not exceed $200,000
    for each violation pursuant to section 60122(a)(1) of that title.
    SEC. 111. <>  NATIONAL CENTER OF
    EXCELLENCE FOR LIQUEFIED NATURAL GAS
    SAFETY.

    (a) Definitions.--In this section:
    (1) Center.--The term ``Center'' means the National Center
    of Excellence for Liquefied Natural Gas Safety that may be
    established under subsection (b).
    (2) LNG.--The term ``LNG'' means liquefied natural gas.
    (3) LNG sector stakeholder.--The term ``LNG sector
    stakeholder'' means a representative of--

    [[Page 2227]]

    (A) LNG facilities that represent the broad array of
    LNG facilities operating in the United States;
    (B) States, Indian Tribes, and units of local
    government;
    (C) postsecondary education;
    (D) labor organizations;
    (E) safety organizations; or
    (F) Federal regulatory agencies of jurisdiction,
    which may include--
    (i) the Administration;
    (ii) the Federal Energy Regulatory Commission;
    (iii) the Department of Energy;
    (iv) the Occupational Safety and Health
    Administration;
    (v) the Coast Guard; and
    (vi) the Maritime Administration.

    (b) <>  Establishment.--Only after submitting
    the report under subsection (c) to the committees of Congress described
    in that subsection, and subject to the availability of funds
    appropriated by Congress for the applicable purpose, the Secretary, in
    consultation with LNG sector stakeholders, may establish a center, to be
    known as the ``National Center of Excellence for Liquefied Natural Gas
    Safety''.

    (c) Report.--
    (1) In general.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall submit to the
    Committees on Commerce, Science, and Transportation and
    Appropriations of the Senate and the Committees on
    Transportation and Infrastructure, Energy and Commerce, and
    Appropriations of the House of Representatives a report on--
    (A) the resources necessary to establish the Center;
    and
    (B) the manner in which the Center will carry out
    the functions described in subsection (d).
    (2) <>  Requirement.--The report under
    paragraph (1) shall include an estimate of all potential costs
    and appropriations necessary to carry out the functions
    described in subsection (d).

    (d) Functions.--The Center shall, for activities regulated under
    section 60103 of title 49, United States Code, enhance the United States
    as the leader and foremost expert in LNG operations by--
    (1) furthering the expertise of the Federal Government in
    the operations, management, and regulatory practices of LNG
    facilities through--
    (A) the use of performance-based principles;
    (B) experience and familiarity with LNG operational
    facilities; and
    (C) increased communication with LNG experts to
    learn and support state-of-the-art operational
    practices;
    (2) acting as a repository of information on best practices
    for the operation of LNG facilities; and
    (3) facilitating collaboration among LNG sector
    stakeholders.

    (e) Location.--
    (1) <>  In general.--The Center shall
    be located in close proximity to critical LNG transportation
    infrastructure on, and

    [[Page 2228]]

    connecting to, the Gulf of Mexico, as determined by the
    Secretary.
    (2) <>  Considerations.--In
    determining the location of the Center, the Secretary shall--
    (A) take into account the strategic value of
    locating resources in close proximity to LNG facilities;
    and
    (B) locate the Center in the State with the largest
    LNG production capacity, as determined by the total
    capacity (in billion cubic feet per day) of LNG
    production authorized by the Federal Energy Regulatory
    Commission under section 3 of the Natural Gas Act (15
    U.S.C. 717b) as of the date of enactment of this Act.

    (f) <>  Coordination With TQ Training Center.--In
    carrying out the functions described in subsection (d), the Center shall
    coordinate with the Training and Qualifications Training Center of the
    Administration in Oklahoma City, Oklahoma, to facilitate knowledge
    sharing among, and enhanced training opportunities for, Federal and
    State pipeline safety inspectors and investigators.

    (g) <>  Joint Operation With Educational
    Institution.--The Secretary may enter into an agreement with an
    appropriate official of an institution of higher education--
    (1) to provide for joint operation of the Center; and
    (2) to provide necessary administrative services for the
    Center.
    SEC. 112. PRIORITIZATION OF RULEMAKING.

    (a) <>  Rulemaking.--Not later than 90 days after
    the date of enactment of this Act, the Secretary shall issue a final
    rule with respect to the portion of the proposed rule issued on April 8,
    2016, entitled ``Pipeline Safety: Safety of Gas Transmission and
    Gathering Pipelines'' (81 Fed. Reg. 20722; Docket No. PHMSA-2011-0023)
    that relates to the consideration of gathering pipelines.

    (b) <>  Study.--Not later than 1 year after the
    date of enactment of this Act, the Comptroller General of the United
    States shall--
    (1) <>  review the extent to which geospatial
    and technical data is collected by operators of gathering lines,
    including design and material specifications;
    (2) analyze information collected by operators of gathering
    lines when the mapping information described in paragraph (1) is
    not available for a gathering line; and
    (3) <>  assess any plans and timelines of
    operators of gathering lines to develop the mapping information
    described in paragraph (1) or otherwise collect information
    described in paragraph (2).

    (c) <>  Report.--The Comptroller General
    of the United States shall submit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committees on Transportation
    and Infrastructure and Energy and Commerce of the House of
    Representatives a report on the review required under subsection (b),
    including any recommendations that the Comptroller General of the United
    States may have as a result of the review.
    SEC. 113. LEAK DETECTION AND REPAIR.

    Section 60102 of title 49, United States Code, is amended by adding
    at the end the following:
    ``(q) Gas Pipeline Leak Detection and Repair.--
    ``(1) <>  In general.--Not
    later than 1 year after the date of enactment of this
    subsection, the Secretary shall promulgate

    [[Page 2229]]

    final regulations that require operators of regulated gathering
    lines (as defined pursuant to subsection (b) of section 60101
    for purposes of subsection (a)(21) of that section) in a Class 2
    location, Class 3 location, or Class 4 location, as determined
    under section 192.5 of title 49, Code of Federal Regulations,
    operators of new and existing gas transmission pipeline
    facilities, and operators of new and existing gas distribution
    pipeline facilities to conduct leak detection and repair
    programs--
    ``(A) <>  to meet the need for
    gas pipeline safety, as determined by the Secretary; and
    ``(B) to protect the environment.
    ``(2) Leak detection and repair programs.--
    ``(A) Minimum performance standards.--The final
    regulations promulgated under paragraph (1) shall
    include, for the leak detection and repair programs
    described in that paragraph, minimum performance
    standards that reflect the capabilities of commercially
    available advanced technologies that, with respect to
    each pipeline covered by the programs, are appropriate
    for--
    ``(i) the type of pipeline;
    ``(ii) the location of the pipeline;
    ``(iii) the material of which the pipeline is
    constructed; and
    ``(iv) the materials transported by the
    pipeline.
    ``(B) Requirement.--The leak detection and repair
    programs described in paragraph (1) shall be able to
    identify, locate, and categorize all leaks that--
    ``(i) are hazardous to human safety or the
    environment; or
    ``(ii) have the potential to become explosive
    or otherwise hazardous to human safety.
    ``(3) Advanced leak detection technologies and practices.--
    ``(A) In general.--The final regulations promulgated
    under paragraph (1) shall--
    ``(i) <>  require the use
    of advanced leak detection technologies and
    practices described in subparagraph (B);
    ``(ii) identify any scenarios where operators
    may use leak detection practices that depend on
    human senses; and
    ``(iii) include a schedule for repairing or
    replacing each leaking pipe, except a pipe with a
    leak so small that it poses no potential hazard,
    with appropriate deadlines.
    ``(B) Advanced leak detection technologies and
    practices described.--The
    advanced <> leak detection technologies
    and practices referred to in subparagraph (A)(i)
    include--
    ``(i) for new and existing gas distribution
    pipeline facilities, technologies and practices to
    detect pipeline leaks--
    ``(I) through continuous monitoring
    on or along the pipeline; or

    [[Page 2230]]

    ``(II) through periodic surveys with
    handheld equipment, equipment mounted on
    mobile platforms, or other means using
    commercially available technology;
    ``(ii) for new and existing gas transmission
    pipeline facilities, technologies and practices to
    detect pipeline leaks through--
    ``(I) equipment that is capable of
    continuous monitoring; or
    ``(II) periodic surveys with
    handheld equipment, equipment mounted on
    mobile platforms, or other means using
    commercially available technology; and
    ``(iii) for regulated gathering lines in Class
    2 locations, Class 3 locations, or Class 4
    locations, technologies and practices to detect
    pipeline leaks through--
    ``(I) equipment that is capable of
    continuous monitoring; or
    ``(II) periodic surveys with
    handheld equipment, equipment mounted on
    mobile platforms, or other means using
    commercially available technology.
    ``(4) Rules of construction.--
    ``(A) Surveys and timelines.--In promulgating
    regulations under this subsection, the Secretary--
    ``(i) may not reduce the frequency of surveys
    required under any other provision of this chapter
    or stipulated by regulation as of the date of
    enactment of this subsection; and
    ``(ii) may not extend the duration of any
    timelines for the repair or remediation of leaks
    that are stipulated by regulation as of the date
    of enactment of this subsection.
    ``(B) Application.--The limitations in this
    paragraph do not restrict the Secretary's ability to
    modify any regulations through proceedings separate from
    or subsequent to the final regulations required under
    paragraph (1).
    ``(C) Existing authority.--Nothing in this
    subsection may be construed to alter the authority of
    the Secretary to regulate gathering lines as defined
    pursuant to section 60101.''.
    SEC. 114. INSPECTION AND MAINTENANCE PLANS.

    (a) In General.--Section 60108 of title 49, United States Code, is
    amended--
    (1) in subsection (a)--
    (A) in paragraph (2)--
    (i) in the matter preceding subparagraph (A),
    by inserting ``, must meet the requirements of any
    regulations promulgated under section 60102(q),''
    after ``the need for pipeline safety'';
    (ii) in subparagraph (C), by striking ``and''
    at the end; and
    (iii) by striking subparagraph (D) and
    inserting the following:
    ``(D) the extent to which the plan will contribute
    to--

    [[Page 2231]]

    ``(i) public safety;
    ``(ii) eliminating hazardous leaks and
    minimizing releases of natural gas from pipeline
    facilities; and
    ``(iii) the protection of the environment; and
    ``(E) the extent to which the plan addresses the
    replacement or remediation of pipelines that are known
    to leak based on the material (including cast iron,
    unprotected steel, wrought iron, and historic plastics
    with known issues), design, or past operating and
    maintenance history of the pipeline.''; and
    (B) by striking paragraph (3) and inserting the
    following:
    ``(3) Review of plans.--
    ``(A) <>  In
    general.--Not later than 2 years after the date of
    enactment of this subparagraph, and not less frequently
    than once every 5 years thereafter, the Secretary or
    relevant State authority with a certification in effect
    under section 60105 shall review each plan described in
    this subsection.
    ``(B) Context of review.--The Secretary may conduct
    a review under this paragraph as an element of the
    inspection of the operator carried out by the Secretary
    under subsection (b).
    ``(C) <>  Inadequate
    programs.--If the Secretary determines that a plan
    reviewed under this paragraph does not comply with the
    requirements of this chapter (including any regulations
    promulgated under this chapter), has not been adequately
    implemented, is inadequate for the safe operation of a
    pipeline facility, or is otherwise inadequate, the
    Secretary may conduct enforcement proceedings under this
    chapter.''; and
    (2) in subsection (b)(1)(B), by inserting ``construction
    material,'' after ``method of construction,''.

    (b) <>  Deadline.--Not later than
    1 year after the date of enactment of this Act, each pipeline operator
    shall update the inspection and maintenance plan prepared by the
    operator under section 60108(a) of title 49, United States Code, to
    address the elements described in the amendments to that section made by
    subsection (a).

    (c) Inspection and Maintenance Plan Oversight.--
    (1) <>  Study.--The Comptroller General
    of the United States shall conduct a study to evaluate the
    procedures used by the Secretary and States in reviewing plans
    prepared by pipeline operators under section 60108(a) of title
    49, United States Code, pursuant to subsection (b) in minimizing
    releases of natural gas from pipeline facilities.
    (2) Report of the comptroller general of the united
    states.--Not later than 1 year after the Secretary's review of
    the operator plans prepared under section 60108(a) of title 49,
    United States Code, the Comptroller General of the United States
    shall submit to the Secretary, the Committee on Commerce,
    Science, and Transportation of the Senate, and the Committees on
    Transportation and Infrastructure and Energy and Commerce of the
    House of Representatives a report that--
    (A) <>  describes the results of
    the study conducted under paragraph (1), including an
    evaluation of the procedures

    [[Page 2232]]

    used by the Secretary and States in reviewing the
    effectiveness of the plans prepared by pipeline
    operators under section 60108(a) of title 49, United
    States Code, pursuant to subsection (b) in minimizing
    releases of natural gas from pipeline facilities; and
    (B) <>  provides
    recommendations for how to further minimize releases of
    natural gas from pipeline facilities without
    compromising pipeline safety based on observations and
    information obtained through the study conducted under
    paragraph (1).
    (3) <>  Response of the
    secretary.--Not later than 90 days after the date on which the
    report under paragraph (2) is published, the Secretary shall
    submit to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committees on Transportation and
    Infrastructure and Energy and Commerce of the House of
    Representatives a report that includes a response to the results
    of the study conducted under paragraph (1) and the
    recommendations contained in the report submitted under
    paragraph (2).

    (d) <>  Best Available Technologies or
    Practices.--
    (1) Report of the secretary.--Not later than 18 months after
    the date of enactment of this Act, the Secretary shall submit to
    the Committee on Commerce, Science, and Transportation of the
    Senate and the Committees on Transportation and Infrastructure
    and Energy and Commerce of the House of Representatives a
    report--
    (A) discussing--
    (i) the best available technologies or
    practices to prevent or minimize, without
    compromising pipeline safety, the release of
    natural gas when making planned repairs,
    replacements, or maintenance to a pipeline
    facility;
    (ii) the best available technologies or
    practices to prevent or minimize, without
    compromising pipeline safety, the release of
    natural gas when the operator intentionally vents
    or releases natural gas, including blowdowns; and
    (iii) pipeline facility designs that, without
    compromising pipeline safety, mitigate the need to
    intentionally vent natural gas; and
    (B) <>  recommending a
    timeline for updating pipeline safety regulations, as
    the Secretary determines to be appropriate, to address
    the matters described in subparagraph (A).
    (2) <>  Rulemaking.--Not later
    than 180 days after the date on which the Secretary submits the
    report under this subsection, the Secretary shall update
    pipeline safety regulations that the Secretary has determined
    are necessary to protect the environment without compromising
    pipeline safety.
    SEC. 115. <>  CONSIDERATION OF PIPELINE
    CLASS LOCATION CHANGES.

    (a) <>  In General.--Not later than 1 year after
    the date of enactment of this Act, the Administrator of the Pipeline and
    Hazardous Materials Safety Administration shall--
    (1) <>  review all comments submitted in
    response to the advance notice of proposed rulemaking entitled
    ``Pipeline

    [[Page 2233]]

    Safety: Class Location Change Requirements'' (83 Fed. Reg. 36861
    (July 31, 2018));
    (2) complete any other activities or procedures necessary--
    (A) <>  to make a
    determination whether to publish a notice of proposed
    rulemaking; and
    (B) if a positive determination is made under
    subparagraph (A), to advance in the rulemaking process,
    including by taking any actions required under section
    60115 of title 49, United State Code; and
    (3) consider the issues raised in the report to Congress
    entitled ``Evaluation of Expanding Pipeline Integrity Management
    Beyond High-Consequence Areas and Whether Such Expansion Would
    Mitigate the Need for Gas Pipeline Class Location Requirements''
    prepared by the Pipeline and Hazardous Materials Safety
    Administration and submitted to Congress on June 8, 2016,
    including the adequacy of existing integrity management
    programs.

    (b) Rule of Construction.--Nothing in this section may be construed
    to require the Administrator of the Pipeline and Hazardous Materials
    Safety Administration to publish a notice of proposed rulemaking or
    otherwise continue the rulemaking process with respect to the advance
    notice of proposed rulemaking described in subsection (a)(1).
    (c) <>  Reporting.--For purposes
    of this section, the requirements of section 106 shall apply during the
    period beginning on the date that is 180 days after the date of
    enactment of this Act and ending on the date on which the requirements
    of subsection (a) are completed.
    SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY
    INFORMATION.

    Section 60129 of title 49, United States Code, is amended--
    (1) in subsection (a)(1), in the matter preceding
    subparagraph (A), by striking ``employee with'' and inserting
    ``current or former employee with'';
    (2) in subsection (b)(3), by adding at the end the
    following:
    ``(D) De novo review.--
    ``(i) <>  In general.--With
    respect to a complaint under paragraph (1), if the
    Secretary of Labor has not issued a final decision
    by the date that is 210 days after the date on
    which the complaint was filed, and if the delay is
    not due to the bad faith of the employee who filed
    the complaint, that employee may bring an original
    action at law or equity for de novo review in the
    appropriate district court of the United States,
    which shall have jurisdiction over such action
    without regard to the amount in controversy, and
    which action shall, at the request of either party
    to the action, be tried by the court with a jury.
    ``(ii) Burdens of proof.--An original action
    described in clause (i) shall be governed by the
    same legal burdens of proof specified in paragraph
    (2)(B) for review by the Secretary of Labor.'';
    and
    (3) by adding at the end the following:

    ``(e) Nonenforceability of Certain Provisions Waiving Rights and
    Remedies or Requiring Arbitration of Disputes.--

    [[Page 2234]]

    ``(1) Waiver of rights and remedies.--The rights and
    remedies provided under this section may not be waived by any
    agreement, policy, form, or condition of employment, including
    by a predispute arbitration agreement.
    ``(2) Predispute arbitration agreements.--No provision of a
    predispute arbitration agreement shall be valid or enforceable
    if the provision requires arbitration of a dispute arising under
    subsection (a)(1).''.
    SEC. 117. <>  INTERSTATE DRUG AND
    ALCOHOL OVERSIGHT.

    (a) <>  In General.--Not later than 18
    months after the date of enactment of this Act, the Secretary shall
    amend the auditing program for the drug and alcohol regulations in part
    199 of title 49, Code of Federal Regulations, to improve the efficiency
    and processes of those regulations as applied to--
    (1) operators; and
    (2) pipeline contractors working for multiple operators in
    multiple States.

    (b) Requirement.--In carrying out subsection (a), the Secretary
    shall minimize duplicative audits of the same operators, and the
    contractors working for those operators, by the Administration and
    multiple State agencies.
    (c) Rule of Construction.--Nothing in this section may be construed
    to require modification of the inspection or enforcement authority of
    any Federal agency or State.
    SEC. 118. PURPOSE AND GENERAL AUTHORITY.

    Section 60102(b)(5) of title 49, United States Code, is amended--
    (1) by striking ``Chapter'' and inserting ``chapter''; and
    (2) by inserting ``, including safety and environmental
    benefits,'' after ``benefits''.
    SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC AND
    REMOTE-CONTROLLED SHUT-OFF VALVES ON
    EXISTING PIPELINES.

    (a) <>  Study.--The Secretary shall enter into an
    arrangement with the National Academy of Sciences under which the
    National Academy of Sciences shall conduct a study of potential
    methodologies or standards for the installation of automatic or remote-
    controlled shut-off valves on an existing pipeline in--
    (1) a high consequence area (as defined in section 192.903
    of title 49, Code of Federal Regulations (or a successor
    regulation)) for a gas transmission pipeline facility; or
    (2) for a hazardous liquid pipeline facility--
    (A) a commercially navigable waterway (as defined in
    section 195.450 of that title (or a successor
    regulation)); or
    (B) an unusually sensitive area (as defined in
    section 195.6 of that title (or a successor
    regulation)).

    (b) Factors for Consideration.--In conducting the study under
    subsection (a), the National Academy of Sciences shall take into
    consideration, as applicable--
    (1) methodologies that conform to the recommendations
    submitted by the National Transportation Safety Board to the
    Pipeline and Hazardous Materials Safety Administration and
    Congress regarding automatic and remote-controlled shut-off
    valves;

    [[Page 2235]]

    (2) to the extent practicable, compatibility with existing
    regulations of the Administration, including any regulations
    promulgated pursuant to docket number PHMSA-2013-0255, relating
    to the installation of automatic and remote-controlled shutoff
    valves;
    (3) methodologies that maximize safety and environmental
    benefits; and
    (4) the economic, technical, and operational feasibility of
    installing automatic or remote-controlled shut-off valves on
    existing pipelines by employing such methodologies or standards.

    (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the National Academy of Sciences shall submit to the Committee
    on Commerce, Science, and Transportation of the Senate and the
    Committees on Transportation and Infrastructure and Energy and Commerce
    of the House of Representatives a report describing the results of the
    study under subsection (a).
    SEC. 120. UNUSUALLY SENSITIVE AREAS.

    (a) Certain Coastal Waters; Coastal Beaches.--Section 19(b) of the
    PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114-183) is
    amended--
    (1) by striking ``The Secretary'' and inserting the
    following: ``
    ``(1) Definitions.--In this subsection:
    ``(A) Certain coastal waters.--The term `certain
    coastal waters' means--
    ``(i) the territorial sea of the United
    States;
    ``(ii) the Great Lakes and their connecting
    waters; and
    ``(iii) the marine and estuarine waters of the
    United States up to the head of tidal influence.
    ``(B) Coastal beach.--The term `coastal beach' means
    any land between the high- and low-water marks of
    certain coastal waters.
    ``(2) Revision.--The Secretary''; and
    (2) in paragraph (2) (as so designated), by striking
    ``marine coastal waters'' and inserting ``certain coastal
    waters''.

    (b) Certain Coastal Waters.--Section 60109(b)(2) of title 49, United
    States Code, is amended by striking ``marine coastal waters'' and
    inserting ``certain coastal waters''.
    (c) <>  Update to Regulations.--
    The Secretary shall complete the revision to regulations required under
    section 19(b) of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law
    114-183) (as amended by subsection (a)) by not later than 90 days after
    the date of enactment of this Act.

    (d) Hazardous Liquid Pipeline Facilities Located in Certain Areas.--
    Section 60109(g) of title 49, United States Code, is amended--
    (1) in paragraph (1)(B), by inserting ``, but not less often
    than once every 12 months'' before the period at the end; and
    (2) by adding at the end the following:
    ``(5) <>  Considerations.--In
    carrying out this subsection, each operator shall implement
    procedures that assess potential impacts by maritime equipment
    or other vessels, including anchors, anchor chains, or any other
    attached equipment.''.

    [[Page 2236]]

    SEC. 121. SAFETY-RELATED CONDITION REPORTS.

    Section 60102(h) of title 49, United States Code, is amended by
    striking paragraph (2) and inserting the following:
    ``(2) Submission of report.--As soon as practicable, but not
    later than 5 business days, after a representative of a person
    to whom this section applies first establishes that a condition
    described in paragraph (1) exists, the operator shall submit the
    report required under that paragraph to--
    ``(A) the Secretary;
    ``(B) the appropriate State authority or, where no
    appropriate State authority exists, to the Governor of a
    State where the subject of the Safety Related Condition
    report occurred; and
    ``(C) the appropriate Tribe where the subject of the
    Safety Related Condition report occurred.
    ``(3) Submission of report to other entities.--Upon request,
    a State authority or a Governor that receives a report submitted
    under this subsection may submit the report to any relevant
    emergency response or planning entity, including any--
    ``(A) State emergency response commission
    established pursuant to section 301 of the Emergency
    Planning and Community Right-To-Know Act of 1986 (42
    U.S.C. 11001);
    ``(B) Tribal emergency response commission or
    emergency planning committee (as defined in part 355 of
    title 40, Code of Federal Regulations (or a successor
    regulation));
    ``(C) local emergency planning committee established
    pursuant to section 301 of the Emergency Planning and
    Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
    or
    ``(D) other public agency responsible for emergency
    response.''.
    SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

    Section 60109(c) of title 49, United States Code, is amended by
    adding at the end the following:
    ``(12) Distribution pipelines.--
    ``(A) <>  Study.--The Secretary
    shall conduct a study of methods that may be used under
    paragraph (3), other than direct assessment, to assess
    distribution pipelines to determine whether any such
    method--
    ``(i) would provide a greater level of safety
    than direct assessment of the pipelines; and
    ``(ii) is feasible.
    ``(B) Report.--Not later than 2 years after the date
    of enactment of this paragraph, the Secretary shall
    submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committees on
    Energy and Commerce and Transportation and
    Infrastructure of the House of Representatives a report
    describing--
    ``(i) the results of the study under
    subparagraph (A); and
    ``(ii) <>
    recommendations based on that study, if any.''.
    SEC. 123. <>  RULE OF CONSTRUCTION.

    Nothing in this title or an amendment made by this title may be
    construed to affect the authority of the Administrator of

    [[Page 2237]]

    the Environmental Protection Agency under the Clean Air Act (42 U.S.C.
    7401 et seq.), the authority of the Secretary of the Interior under the
    Mineral Leasing Act (30 U.S.C. 181 et seq.), or the authority of any
    State, to regulate a release of pollutants or hazardous substances to
    air, water, or land, including through the establishment and enforcement
    of requirements relating to such release.

    TITLE II <> --LEONEL RONDON
    PIPELINE SAFETY ACT
    SEC. 201. <>  SHORT TITLE.

    This title may be cited as the ``Leonel Rondon Pipeline Safety
    Act''.
    SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

    (a) In General.--Section 60109(e) of title 49, United States Code,
    is amended by adding at the end the following:
    ``(7) Evaluation of risk.--
    ``(A) <>  In
    general.--Not later than 2 years after the date of
    enactment of this paragraph, the Secretary shall
    promulgate regulations to ensure that each distribution
    integrity management plan developed by an operator of a
    distribution system includes an evaluation of--
    ``(i) the risks resulting from the presence of
    cast iron pipes and mains in the distribution
    system; and
    ``(ii) <>  the risks
    that could lead to or result from the operation of
    a low-pressure distribution system at a pressure
    that makes the operation of any connected and
    properly adjusted low-pressure gas burning
    equipment unsafe, as determined by the Secretary.
    ``(B) Consideration.--In carrying out subparagraph
    (A)(ii), the Secretary shall ensure that an operator of
    a distribution system--
    ``(i) considers factors other than past
    observed abnormal operating conditions (as defined
    in section 192.803 of title 49, Code of Federal
    Regulations (or a successor regulation)) in
    ranking risks and identifying measures to mitigate
    those risks; and
    ``(ii) may not determine that there are no
    potential consequences associated with low
    probability events unless that determination is
    otherwise supported by engineering analysis or
    operational knowledge.
    ``(C) Deadlines.--
    ``(i) <>  In general.--Not
    later than 2 years after the date of enactment of
    this paragraph, each operator of a distribution
    system shall make available to the Secretary or
    the relevant State authority with a certification
    in effect under section 60105, as applicable, a
    copy of--
    ``(I) the distribution integrity
    management plan of the operator;
    ``(II) the emergency response plan
    under section 60102(d)(5); and

    [[Page 2238]]

    ``(III) the procedural manual for
    operations, maintenance, and emergencies
    under section 60102(d)(4).
    ``(ii) <>  Updates.--
    Each operator of a distribution system shall make
    available to the Secretary or make available for
    inspection to the relevant State authority
    described in clause (i), if applicable, an updated
    plan or manual described in that clause by not
    later than 60 days after the date of a significant
    update, as determined by the Secretary.
    ``(iii) Applicability of foia.--Nothing in
    this subsection shall be construed to authorize
    the disclosure of any information that is exempt
    from disclosure under section 552(b) of title 5.
    ``(D) Review of plans and documents.--
    ``(i) Timing.--
    ``(I) <>  In
    general.--Not later than 2 years after
    the date of promulgation of the
    regulations under subparagraph (A), and
    not less frequently than once every 5
    years thereafter, the Secretary or
    relevant State authority with a
    certification in effect under section
    60105 shall review the distribution
    integrity management plan, the emergency
    response plan, and the procedural manual
    for operations, maintenance, and
    emergencies of each operator of a
    distribution system and record the
    results of that review for use in the
    next review of the program of that
    operator.
    ``(II) Grace period.--For the third,
    fourth, and fifth years after the date
    of promulgation of the regulations under
    subparagraph (A), the Secretary--
    ``(aa) shall not use
    subclause (I) as justification
    to reduce funding, decertify, or
    penalize in any way under
    section 60105, 60106, or 60107 a
    State authority that has in
    effect a certification under
    section 60105 or an agreement
    under section 60106; and
    ``(bb) shall--
    ``(AA) <>
    submit to the Committee on
    Commerce, Science, and
    Transportation of the Senate
    and the Committees on
    Transportation and
    Infrastructure and Energy
    and Commerce of the House of
    Representatives a list of
    States found to be
    noncompliant with subclause
    (I) during the annual
    program evaluation; and

    ``(BB) <>
    provide a written notice to
    each State authority
    described in item (aa) that
    is not in compliance with
    the requirements of
    subclause (I).
    ``(ii) Review.--Each plan or procedural manual
    made available under subparagraph (C)(i) shall be
    reexamined--
    ``(I) on significant change to the
    plans or procedural manual, as
    applicable;

    [[Page 2239]]

    ``(II) on significant change to the
    gas distribution system of the operator,
    as applicable; and
    ``(III) not less frequently than
    once every 5 years.
    ``(iii) Context of review.--The Secretary may
    conduct a review under clause (i) or (ii) as an
    element of the inspection of the operator carried
    out by the Secretary.
    ``(iv) <>  Inadequate
    programs.--If the Secretary determines that the
    documents reviewed under clause (i) or (ii) do not
    comply with the requirements of this chapter
    (including regulations to implement this chapter),
    have not been adequately implemented, or are
    inadequate for the safe operation of a pipeline
    facility, the Secretary may conduct proceedings
    under this chapter.''.

    (b) Contents of State Pipeline Safety Program Certifications.--
    (1) In general.--Section 60105(b) of title 49, United States
    Code, is amended--
    (A) in paragraph (6), by striking ``and'' at the
    end;
    (B) in paragraph (7), by striking the period at the
    end and inserting a semicolon; and
    (C) by adding at the end the following:
    ``(8) has the capability to sufficiently review and evaluate
    the adequacy of the plans and manuals described in section
    60109(e)(7)(C)(i); and
    ``(9) has a sufficient number of employees described in
    paragraph (3) to ensure safe operations of pipeline facilities,
    updating the State Inspection Calculation Tool to take into
    account factors including--
    ``(A) the number of miles of natural gas and
    hazardous liquid pipelines in the State, including the
    number of miles of cast iron and bare steel pipelines;
    ``(B) the number of services in the State;
    ``(C) the age of the gas distribution system in the
    State; and
    ``(D) environmental factors that could impact the
    integrity of the pipeline, including relevant geological
    issues.''.
    (2) <>  Rulemaking.--The Secretary
    shall promulgate regulations to require that a State authority
    with a certification in effect under section 60105 of title 49,
    United States Code, has a sufficient number of qualified
    inspectors to ensure safe operations, as determined by the State
    Inspection Calculation Tool and other factors determined to be
    appropriate by the Secretary.
    (3) <>  Deadline.--Not later than
    2 years after the date of enactment of this Act, the Secretary
    shall promulgate regulations to implement the amendments made by
    this subsection.
    SEC. 203. EMERGENCY RESPONSE PLANS.

    Section 60102 of title 49, United States Code (as amended by section
    113), is amended by adding at the end the following:

    ``(r) <>
    Emergency Response Plans.--Not later than 2 years after the date of
    enactment of this subsection, the Secretary shall update regulations to
    ensure that each emergency response plan

    [[Page 2240]]

    developed by an operator of a distribution system under subsection
    (d)(5), includes written procedures for--
    ``(1) establishing communication with first responders and
    other relevant public officials, as soon as practicable,
    beginning from the time of confirmed discovery, as determined by
    the Secretary, by the operator of a gas pipeline emergency
    involving a release of gas from a distribution system of that
    operator that results in--
    ``(A) a fire related to an unintended release of
    gas;
    ``(B) an explosion;
    ``(C) 1 or more fatalities; or
    ``(D) the unscheduled release of gas and shutdown of
    gas service to a significant number of customers, as
    determined by the Secretary;
    ``(2) establishing general public communication through an
    appropriate channel--
    ``(A) as soon as practicable, as determined by the
    Secretary, after a gas pipeline emergency described in
    paragraph (1); and
    ``(B) that provides information regarding--
    ``(i) the emergency described in subparagraph
    (A); and
    ``(ii) the status of public safety; and
    ``(3) the development and implementation of a voluntary,
    opt-in system that would allow operators of distribution systems
    to rapidly communicate with customers in the event of an
    emergency.''.
    SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

    Section 60102 of title 49, United States Code (as amended by section
    203), is amended by adding at the end the following:
    ``(s) <>
    Operations and Maintenance Manuals.--Not later than 2 years after the
    date of enactment of this subsection, the Secretary shall update
    regulations to ensure that each procedural manual for operations,
    maintenance, and emergencies developed by an operator of a distribution
    pipeline under subsection (d)(4), includes written procedures for--
    ``(1) responding to overpressurization indications,
    including specific actions and an order of operations for
    immediately reducing pressure in or shutting down portions of
    the gas distribution system, if necessary; and
    ``(2) a detailed procedure for the management of the change
    process, which shall--
    ``(A) be applied to significant technology,
    equipment, procedural, and organizational changes to the
    distribution system; and
    ``(B) <>  ensure that
    relevant qualified personnel, such as an engineer with a
    professional engineer licensure, subject matter expert,
    or other employee who possesses the necessary knowledge,
    experience, and skills regarding natural gas
    distribution systems, review and certify construction
    plans for accuracy, completeness, and correctness.''.
    SEC. 205. <>  PIPELINE SAFETY MANAGEMENT
    SYSTEMS.

    (a) <>  In General.--Not later than 3 years after
    the date of enactment of this Act, the Secretary shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and the

    [[Page 2241]]

    Committees on Transportation and Infrastructure and Energy and Commerce
    of the House of Representatives a report describing--
    (1) the number of operators of natural gas distribution
    systems who have implemented a pipeline safety management system
    in accordance with the standard established by the American
    Petroleum Institute entitled ``Pipeline Safety Management System
    Requirements'' and numbered American Petroleum Institute
    Recommended Practice 1173;
    (2) the progress made by operators of natural gas
    distribution systems who have implemented, or are in the process
    of implementing, a pipeline safety management system described
    in paragraph (1); and
    (3) the feasibility of an operator of a natural gas
    distribution system implementing a pipeline safety management
    system described in paragraph (1) based on the size of the
    operator as measured by--
    (A) the number of customers the operator has; and
    (B) the amount of natural gas the operator
    transports.

    (b) <>  Requirements.--As part of the
    report required under subsection (a), the Secretary shall provide
    guidance or recommendations that would further the adoption of safety
    management systems in accordance with the standard established by the
    American Petroleum Institute entitled ``Pipeline Safety Management
    System Requirements'' and numbered American Petroleum Institute
    Recommended Practice 1173.

    (c) Evaluation and Promotion of Safety Management Systems.--The
    Secretary and the relevant State authority with a certification in
    effect under section 60105 of title 49, United States Code, as
    applicable, shall--
    (1) <>  promote and assess pipeline
    safety management systems frameworks developed by operators of
    natural gas distribution systems and described in the report
    under subsection (a), including--
    (A) if necessary, using independent third-party
    evaluators; and
    (B) through a system that promotes self-disclosure
    of--
    (i) errors; and
    (ii) deviations from regulatory standards; and
    (2) if a deviation from a regulatory standard is identified
    during the development and application of a pipeline safety
    management system, certify that--
    (A) due consideration will be given to factors such
    as flawed procedures, honest mistakes, or lack of
    understanding; and
    (B) the operators and regulators use the most
    appropriate tools to fix the deviation, return to
    compliance, and prevent the recurrence of the deviation,
    including--
    (i) root cause analysis; and
    (ii) training, education, or other appropriate
    improvements to procedures or training programs.
    SEC. 206. PIPELINE SAFETY PRACTICES.

    Section 60102 of title 49, United States Code (as amended by section
    204), is amended by adding at the end the following:
    ``(t) <>  Other
    Pipeline Safety Practices.--

    [[Page 2242]]

    ``(1) Records.--Not later than 2 years after the date of
    enactment of this subsection, the Secretary shall promulgate
    regulations to require an operator of a distribution system--
    ``(A) to identify and manage traceable, reliable,
    and complete records, including maps and other drawings,
    critical to ensuring proper pressure controls for a gas
    distribution system, and updating these records as
    needed, while collecting and identifying other records
    necessary for risk analysis on an opportunistic basis;
    and
    ``(B) to ensure that the records required under
    subparagraph (A) are--
    ``(i) accessible to all personnel responsible
    for performing or overseeing relevant construction
    or engineering work; and
    ``(ii) submitted to, or made available for
    inspection by, the Secretary or the relevant State
    authority with a certification in effect under
    section 60105.
    ``(2) Presence of qualified employees.--
    ``(A) <>  In
    general.--Not later than 180 days after the date of
    enactment of this subsection, the Secretary shall
    promulgate regulations to require that not less than 1
    agent of an operator of a distribution system who is
    qualified to perform relevant covered tasks, as
    determined by the Secretary, shall monitor gas pressure
    at the district regulator station or at an alternative
    site with equipment capable of ensuring proper pressure
    controls and have the capability to promptly shut down
    the flow of gas or control over pressurization at a
    district regulator station during any construction
    project that has the potential to cause a hazardous
    overpressurization at that station, including tie-ins
    and abandonment of distribution lines and mains, based
    on an evaluation, conducted by the operator, of threats
    that could result in unsafe operation.
    ``(B) Exclusion.--In promulgating regulations under
    subparagraph (A), the Secretary shall ensure that those
    regulations do not apply to a district regulating
    station that has a monitoring system and the capability
    for remote or automatic shutoff.
    ``(3) District regulator stations.--
    ``(A) In general.--Not later than 1 year after the
    date of enactment of this subsection, the Secretary
    shall promulgate regulations to require that each
    operator of a distribution system assesses and upgrades,
    as appropriate, each district regulator station of the
    operator to ensure that--
    ``(i) the risk of the gas pressure in the
    distribution system exceeding, by a common mode of
    failure, the maximum allowable operating pressure
    (as described in section 192.623 of title 49, Code
    of Federal Regulations (or a successor
    regulation)) allowed under Federal law (including
    regulations) is minimized;
    ``(ii) the gas pressure of a low-pressure
    distribution system is monitored, particularly at
    or near the location of critical pressure-control
    equipment;
    ``(iii) the regulator station has secondary or
    backup pressure-relieving or overpressure-
    protection safety technology, such as a relief
    valve or automatic shutoff

    [[Page 2243]]

    valve, or other pressure-limiting devices
    appropriate for the configuration and siting of
    the station and, in the case of a regulator
    station that employs the primary and monitor
    regulator design, the operator shall eliminate the
    common mode of failure or provide backup
    protection capable of either shutting the flow of
    gas, relieving gas to the atmosphere to fully
    protect the distribution system from
    overpressurization events, or there must be
    technology in place to eliminate a common mode of
    failure; and
    ``(iv) <>  if the
    Secretary determines that it is not operationally
    possible for an operator to implement the
    requirements under clause (iii), the Secretary
    shall require such operator to identify actions in
    their plan that minimize the risk of an
    overpressurization event.''.

    DIVISION S--INNOVATION FOR THE ENVIRONMENT

    SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.

    Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a))
    is amended by striking ``2016'' and inserting ``2024''.
    SEC. 102. <>  ENCOURAGING
    PROJECTS TO REDUCE EMISSIONS.

    (a) <>  Short Title.--This section may be
    cited as the ``Utilizing Significant Emissions with Innovative
    Technologies Act'' or the ``USE IT Act''.

    (b) Research, Investigation, Training, and Other Activities.--
    Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended--
    (1) in subsection (c)(3), in the first sentence of the
    matter preceding subparagraph (A), by striking ``percursors''
    and inserting ``precursors''; and
    (2) in subsection (g)--
    (A) by redesignating paragraphs (1) through (4) as
    subparagraphs (A) through (D), respectively, and
    indenting appropriately;
    (B) in the undesignated matter following
    subparagraph (D) (as so redesignated)--
    (i) in the second sentence, by striking ``The
    Administrator'' and inserting the following:
    ``(5) Coordination and avoidance of duplication.--The
    Administrator''; and
    (ii) in the first sentence, by striking
    ``Nothing'' and inserting the following:
    ``(4) Effect of subsection.--Nothing'';
    (C) in the matter preceding subparagraph (A) (as so
    redesignated)--
    (i) in the third sentence, by striking ``Such
    program'' and inserting the following:
    ``(3) Program inclusions.--The program under this
    subsection'';
    (ii) in the second sentence--
    (I) by inserting ``States,
    institutions of higher education,''
    after ``scientists,''; and

    [[Page 2244]]

    (II) by striking ``Such strategies
    and technologies shall be developed''
    and inserting the following:
    ``(2) Participation requirement.--Such strategies and
    technologies described in paragraph (1) shall be developed'';
    and
    (iii) in the first sentence, by striking ``In
    carrying out'' and inserting the following:
    ``(1) In general.--In carrying out''; and
    (D) by adding at the end the following:
    ``(6) Certain carbon dioxide activities.--
    ``(A) In general.--In carrying out paragraph (3)(A)
    with respect to carbon dioxide, the Administrator--
    ``(i) is authorized to carry out the
    activities described in subparagraph (B); and
    ``(ii) shall carry out the activities
    described in subparagraph (C).
    ``(B) Direct air capture research.--
    ``(i) Definitions.--In this subparagraph:
    ``(I) Board.--The term `Board' means
    the Direct Air Capture Technology
    Advisory Board established by clause
    (iii)(I).
    ``(II) Dilute.--The term `dilute'
    means a concentration of less than 1
    percent by volume.
    ``(III) Direct air capture.--
    ``(aa) In general.--The term
    `direct air capture', with
    respect to a facility,
    technology, or system, means
    that the facility, technology,
    or system uses carbon capture
    equipment to capture carbon
    dioxide directly from the air.
    ``(bb) Exclusion.--The term
    `direct air capture' does not
    include any facility,
    technology, or system that
    captures carbon dioxide--
    ``(AA) that is
    deliberately released from a
    naturally occurring
    subsurface spring; or
    ``(BB) using natural
    photosynthesis.
    ``(IV) Intellectual property.--The
    term `intellectual property' means--
    ``(aa) an invention that is
    patentable under title 35,
    United States Code; and
    ``(bb) any patent on an
    invention described in item
    (aa).
    ``(ii) Technology prizes.--

    ``(I) <>
    In general.--Not later than 1 year after
    the date of enactment of the Utilizing
    Significant Emissions with Innovative
    Technologies Act, the Administrator, in
    consultation with the Secretary of
    Energy, is authorized to establish a
    program to provide financial awards on a
    competitive basis for direct air capture
    from media in which the concentration of
    carbon dioxide is dilute.
    ``(II) Duties.--In carrying out this
    clause, the Administrator shall--
    ``(aa) subject to subclause
    (III), develop specific
    requirements for--

    [[Page 2245]]

    ``(AA) the competition
    process; and
    ``(BB) the demonstration
    of performance of approved
    projects;
    ``(bb) offer financial
    awards for a project designed--
    ``(AA) to the maximum
    extent practicable, to
    capture more than 10,000
    tons of carbon dioxide per
    year;
    ``(BB) to operate in a
    manner that would be
    commercially viable in the
    foreseeable future (as
    determined by the Board);
    and
    ``(CC) to improve the
    technologies or information
    systems that enable
    monitoring and verification
    methods for direct air
    capture projects; and
    ``(cc) to the maximum extent
    practicable, make financial
    awards to geographically diverse
    projects, including at least--
    ``(AA) 1 project in a
    coastal State; and
    ``(BB) 1 project in a
    rural State.
    ``(III) Public participation.--In
    carrying out subclause (II)(aa), the
    Administrator shall--
    ``(aa) <>  provide notice of
    and, for a period of not less
    than 60 days, an opportunity for
    public comment on, any draft or
    proposed version of the
    requirements described in
    subclause (II)(aa); and
    ``(bb) take into account
    public comments received in
    developing the final version of
    those requirements.
    ``(iii) Direct air capture technology advisory
    board.--
    ``(I) Establishment.--The
    Administrator may establish an advisory
    board to be known as the `Direct Air
    Capture Technology Advisory Board'.
    ``(II) <>
    Composition.--The Board, on the
    establishment of the Board, shall be
    composed of 9 members appointed by the
    Administrator, who shall provide
    expertise in--
    ``(aa) climate science;
    ``(bb) physics;
    ``(cc) chemistry;
    ``(dd) biology;
    ``(ee) engineering;
    ``(ff) economics;
    ``(gg) business management;
    and
    ``(hh) such other
    disciplines as the Administrator
    determines to be necessary to
    achieve the purposes of this
    subparagraph.
    ``(III) Term; vacancies.--
    ``(aa) Term.--A member of
    the Board shall serve for a term
    of 6 years.
    ``(bb) Vacancies.--A vacancy
    on the Board--
    ``(AA) shall not affect
    the powers of the Board; and

    [[Page 2246]]

    ``(BB) shall be filled
    in the same manner as the
    original appointment was
    made.
    ``(IV) <>  Initial
    meeting.--Not later than 30 days after
    the date on which all members of the
    Board have been appointed, the Board
    shall hold the initial meeting of the
    Board.
    ``(V) Meetings.--The Board shall
    meet at the call of the Chairperson or
    on the request of the Administrator.
    ``(VI) Quorum.--A majority of the
    members of the Board shall constitute a
    quorum, but a lesser number of members
    may hold hearings.
    ``(VII) Chairperson and vice
    chairperson.--The Board shall select a
    Chairperson and Vice Chairperson from
    among the members of the Board.
    ``(VIII) Compensation.--Each member
    of the Board may be compensated at not
    to exceed the daily equivalent of the
    annual rate of basic pay in effect for a
    position at level V of the Executive
    Schedule under section 5316 of title 5,
    United States Code, for each day during
    which the member is engaged in the
    actual performance of the duties of the
    Board.
    ``(IX) Duties.--The Board shall--
    ``(aa) advise the
    Administrator on carrying out
    the duties of the Administrator
    under this subparagraph; and
    ``(bb) provide other
    assistance and advice as
    requested by the Administrator.
    ``(iv) Intellectual property.--
    ``(I) In general.--As a condition of
    receiving a financial award under this
    subparagraph, an applicant shall agree
    to vest the intellectual property of the
    applicant derived from the technology in
    1 or more entities that are incorporated
    in the United States.
    ``(II) Reservation of license.--The
    United States--
    ``(aa) may reserve a
    nonexclusive, nontransferable,
    irrevocable, paid-up license, to
    have practiced for or on behalf
    of the United States, in
    connection with any intellectual
    property described in subclause
    (I); but
    ``(bb) shall not, in the
    exercise of a license reserved
    under item (aa), publicly
    disclose proprietary information
    relating to the license.
    ``(III) Transfer of title.--Title to
    any intellectual property described in
    subclause (I) shall not be transferred
    or passed, except to an entity that is
    incorporated in the United States, until
    the expiration of the first patent
    obtained in connection with the
    intellectual property.
    ``(v) Authorization of appropriations.--There
    is authorized to be appropriated to carry out this
    subparagraph $35,000,000, to remain available
    until expended.

    [[Page 2247]]

    ``(vi) Termination of authority.--
    Notwithstanding section 14 of the Federal Advisory
    Committee Act (5 U.S.C. App.), the Board and all
    authority provided under this subparagraph shall
    terminate not later than 12 years after the date
    of enactment of the Utilizing Significant
    Emissions with Innovative Technologies Act.
    ``(C) Deep saline formation report.--
    ``(i) Definition of deep saline formation.--
    ``(I) In general.--In this
    subparagraph, the term `deep saline
    formation' means a formation of
    subsurface geographically extensive
    sedimentary rock layers saturated with
    waters or brines that have a high total
    dissolved solids content and that are
    below the depth where carbon dioxide can
    exist in the formation as a
    supercritical fluid.
    ``(II) Clarification.--In this
    subparagraph, the term `deep saline
    formation' does not include oil and gas
    reservoirs.
    ``(ii) <>  Report.--In
    consultation with the Secretary of Energy, and, as
    appropriate, with the head of any other relevant
    Federal agency and relevant stakeholders, not
    later than 1 year after the date of enactment of
    the Utilizing Significant Emissions with
    Innovative Technologies Act, the Administrator
    shall prepare, submit to Congress, and make
    publicly available a report that includes--
    ``(I) a comprehensive identification
    of potential risks and benefits to
    project developers associated with
    increased storage of carbon dioxide
    captured from stationary sources in deep
    saline formations, using existing
    research;
    ``(II) recommendations for managing
    the potential risks identified under
    subclause (I), including potential risks
    unique to public land; and
    ``(III) recommendations for Federal
    legislation or other policy changes to
    mitigate any potential risks identified
    under subclause (I).
    ``(D) GAO report.--Not later than 5 years after the
    date of enactment of the Utilizing Significant Emissions
    with Innovative Technologies Act, the Comptroller
    General of the United States shall submit to Congress a
    report that--
    ``(i) identifies all Federal grant programs in
    which a purpose of a grant under the program is to
    perform research on carbon capture and utilization
    technologies, including direct air capture
    technologies; and
    ``(ii) examines the extent to which the
    Federal grant programs identified pursuant to
    clause (i) overlap or are duplicative.''.

    (c) Carbon Utilization Program.--
    (1) In general.--Subtitle F of title IX of the Energy Policy
    Act of 2005 (42 U.S.C. 16291 et seq.) is amended by inserting
    after section 968 the following:

    [[Page 2248]]

    ``SEC. 969. <>  CARBON UTILIZATION PROGRAM.
    42 USC
    16298.

    ``(a) <>  In General.--The Secretary, in
    consultation with the Administrator of the Environmental Protection
    Agency, shall carry out a program of research, development,
    demonstration, and commercialization relating to carbon utilization.
    Consultatio
    n.

    ``(b) <>  Activities.--Under the program
    described in subsection (a), the Secretary shall--
    Assessments

    ``(1) assess and monitor--
    ``(A) potential changes in lifecycle carbon dioxide
    and other greenhouse gas emissions; and
    ``(B) other environmental safety indicators of new
    technologies, practices, processes, or methods used in
    enhanced hydrocarbon recovery as part of the activities
    authorized under section 963;
    ``(2) <>  identify and evaluate novel
    uses for carbon (including conversion of carbon oxides) that, on
    a full lifecycle basis, achieve a permanent reduction, or
    avoidance of a net increase, in carbon dioxide in the
    atmosphere, for use in commercial and industrial products such
    as--
    Evaluation.

    ``(A) chemicals;
    ``(B) plastics;
    ``(C) building materials;
    ``(D) fuels;
    ``(E) cement;
    ``(F) products of coal utilization in power systems
    or in other applications; and
    ``(G) other products with demonstrated market value;
    ``(3) identify and assess carbon capture technologies for
    industrial systems; and
    ``(4) identify and assess alternative uses for coal that
    result in zero net emissions of carbon dioxide or other
    pollutants, including products derived from carbon engineering,
    carbon fiber, and coal conversion methods.

    ``(c) Prioritization.--In supporting demonstration and
    commercialization research under the program described in subsection
    (a), the Secretary shall prioritize consideration of projects that--
    ``(1) have access to a carbon dioxide emissions stream
    generated by a stationary source in the United States that is
    capable of supplying not less than 250 metric tons per day of
    carbon dioxide for research;
    ``(2) have access to equipment for testing small-scale
    carbon dioxide utilization technologies, with onsite access to
    larger test bays for scale-up; and
    ``(3) have 1 or more existing partnerships with a National
    Laboratory, an institution of higher education, a private
    company, or a State or other government entity.

    ``(d) Coordination.--The Secretary shall coordinate the activities
    authorized under this section with the activities authorized in section
    969A as part of a single consolidated program of the Department.
    ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000, to
    remain available until expended.''.
    (2) Study.--

    [[Page 2249]]

    (A) <>
    In general.--The Secretary of Energy, in consultation
    with the Administrator of the Environmental Protection
    Agency, shall seek to enter into an agreement with the
    National Academies of Sciences, Engineering, and
    Medicine to conduct a study that assesses the barriers
    and opportunities relating to the commercial application
    of carbon dioxide in the United States.
    (B) Contents.--The study under subparagraph (A)
    shall--
    (i) <>  analyze the technical
    feasibility, related challenges, and impacts of--
    (I) commercializing carbon dioxide;
    and
    (II) as part of that
    commercialization--
    (aa) creating a national
    system of carbon dioxide
    pipelines and geologic
    sequestration sites;
    (bb) mitigating
    environmental and landowner
    impacts; and
    (cc) regional economic
    challenges and regional economic
    opportunities;
    (ii) identify potential markets, industries,
    or sectors that may benefit from greater access to
    commercial carbon dioxide;
    (iii) assess the current state of
    infrastructure and any necessary updates to that
    infrastructure to allow for the integration of
    safe and reliable carbon dioxide transportation,
    utilization, and storage;
    (iv)(I) estimate the economic, climate, and
    environmental impacts of any well-integrated
    national carbon dioxide pipeline system; and
    (II) suggest policies that could improve the
    economic impact of that system;
    (v) assess the global status and progress of
    existing chemical and biological carbon
    utilization technologies that utilize waste carbon
    (including carbon dioxide, carbon monoxide,
    methane, and biogas) from power generation,
    biofuels production, and other industrial
    processes relevant to minimizing net greenhouse
    gas emissions;
    (vi) identify emerging technologies for and
    approaches to carbon utilization that show promise
    for scale-up, demonstration, deployment, and
    commercialization relevant to minimizing net
    greenhouse gas emissions;
    (vii) <>  analyze the factors
    associated with making carbon utilization
    technologies relevant to minimizing net greenhouse
    gas emissions viable at a commercial scale,
    including carbon waste stream availability,
    economics, market capacity, and energy and
    lifecycle requirements;
    (viii)(I) assess the major technical
    challenges associated with increasing the
    commercial viability of carbon reuse technologies;
    and
    (II) identify the research and development
    questions that will address those challenges;

    [[Page 2250]]

    (ix)(I) assess current research efforts,
    including engineering and computational research,
    that address the challenges described in clause
    (viii)(I); and
    (II) identify any gaps in the current research
    portfolio; and
    (x) develop a comprehensive research agenda
    that addresses both long- and short-term research
    needs and opportunities for carbon capture
    utilization and storage technologies relevant to
    minimizing net greenhouse gas emissions.
    (3) Technical amendment.--The table of contents for the
    Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
    amended by inserting after the item relating to section 968 the
    following:

    ``Sec. 969. Carbon utilization program.''.

    (d) Improvement of Permitting Process for Carbon Dioxide Capture and
    Infrastructure Projects.--
    (1) Inclusion of carbon capture infrastructure projects.--
    Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
    amended--
    (A) in subparagraph (A)--
    (i) in the matter preceding clause (i), by
    inserting ``carbon capture,'' after
    ``manufacturing,'';
    (ii) in clause (i)(III), by striking ``or'' at
    the end;
    (iii) by redesignating clause (ii) as clause
    (iii); and
    (iv) by inserting after clause (i) the
    following:
    ``(ii) is covered by a programmatic plan or
    environmental review developed for the primary
    purpose of facilitating development of carbon
    dioxide pipelines; or''; and
    (B) by adding at the end the following:
    ``(C) Inclusion.--For purposes of subparagraph (A),
    construction of infrastructure for carbon capture
    includes construction of--
    ``(i) any facility, technology, or system that
    captures, utilizes, or sequesters carbon dioxide
    emissions, including projects for direct air
    capture (as defined in paragraph (6)(B)(i) of
    section 103(g) of the Clean Air Act (42 U.S.C.
    7403(g)); and
    ``(ii) carbon dioxide pipelines.''.
    (2) <>  Development of carbon
    capture, utilization, and sequestration report, permitting
    guidance, and regional permitting task force.--
    (A) Definitions.--In this paragraph:
    (i) Carbon capture, utilization, and
    sequestration projects.--The term ``carbon
    capture, utilization, and sequestration projects''
    includes projects for direct air capture (as
    defined in paragraph (6)(B)(i) of section 103(g)
    of the Clean Air Act (42 U.S.C. 7403(g))).
    (ii) Efficient, orderly, and responsible.--The
    term ``efficient, orderly, and responsible''
    means, with respect to development or the
    permitting process for carbon capture,
    utilization, and sequestration projects and carbon
    dioxide pipelines, a process that promotes
    environmental, health, and safety protections
    while

    [[Page 2251]]

    maintaining a process that is completed in an
    expeditious manner.
    (B) Report.--
    (i) <>  In general.--Not
    later than 180 days after the date of enactment of
    this Act, the Chair of the Council on
    Environmental Quality (referred to in this section
    as the ``Chair''), in consultation with the
    Administrator of the Environmental Protection
    Agency, the Secretary of Energy, the Secretary of
    the Interior, the Secretary of Transportation, the
    Executive Director of the Federal Permitting
    Improvement Council, and the head of any other
    relevant Federal agency (as determined by the
    President), shall prepare a report that--
    (I) compiles all existing relevant
    Federal permitting and review
    information and resources for project
    applicants, agencies, and other
    stakeholders interested in the
    deployment and impact of carbon capture,
    utilization, and sequestration projects
    and carbon dioxide pipelines,
    including--
    (aa) the appropriate points
    of interaction with Federal
    agencies;
    (bb) clarification of the
    permitting responsibilities and
    authorities among Federal
    agencies; and
    (cc) best practices and
    templates for permitting in an
    efficient, orderly, and
    responsible manner, including
    through improved staff capacity
    and training at Federal
    permitting agencies;
    (II) <>
    inventories current or emerging
    activities that transform captured
    carbon dioxide into a product of
    commercial value, or as an input to
    products of commercial value;
    (III) <>
    inventories existing initiatives and
    recent publications that analyze or
    identify priority carbon dioxide
    pipelines needed to enable efficient,
    orderly, and responsible development of
    carbon capture, utilization, and
    sequestration projects at increased
    scale;
    (IV) identifies gaps in the current
    Federal regulatory framework for the
    deployment of carbon capture,
    utilization, and sequestration projects
    and carbon dioxide pipelines;
    (V) identifies Federal financing
    mechanisms available to project
    developers; and
    (VI) identifies public engagement
    opportunities through existing laws,
    including under the National
    Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.).
    (ii) Submission; publication.--The Chair
    shall--
    (I) <>
    submit the report under clause (i) to
    the Committee on Environment and Public
    Works of the Senate and the Committee on
    Energy and Commerce, the Committee on
    Natural Resources, and the Committee on
    Transportation and Infrastructure of the
    House of Representatives; and

    [[Page 2252]]

    (II) as soon as practicable, make
    the report publicly available.
    (C) Guidance.--
    (i) <>  In general.--After
    submission of the report under subparagraph
    (B)(ii), but not later than 1 year after the date
    of enactment of this Act, the Chair shall submit
    guidance consistent with that report to all
    relevant Federal agencies that--
    (I) facilitates reviews associated
    with the deployment of carbon capture,
    utilization, and sequestration projects
    and carbon dioxide pipelines; and
    (II) supports the efficient,
    orderly, and responsible development of
    carbon capture, utilization, and
    sequestration projects and carbon
    dioxide pipelines.
    (ii) Requirements.--
    (I) In general.--The guidance under
    clause (i) shall address applicable
    requirements under--
    (aa) the National
    Environmental Policy Act of 1969
    (42 U.S.C. 4321 et seq.);
    (bb) the Federal Water
    Pollution Control Act (33 U.S.C.
    1251 et seq.);
    (cc) the Clean Air Act (42
    U.S.C. 7401 et seq.);
    (dd) the Safe Drinking Water
    Act (42 U.S.C. 300f et seq.);
    (ee) the Endangered Species
    Act of 1973 (16 U.S.C. 1531 et
    seq.);
    (ff) division A of subtitle
    III of title 54, United States
    Code (formerly known as the
    ``National Historic Preservation
    Act'');
    (gg) the Migratory Bird
    Treaty Act (16 U.S.C. 703 et
    seq.);
    (hh) the Act of June 8, 1940
    (16 U.S.C. 668 et seq.)
    (commonly known as the ``Bald
    and Golden Eagle Protection
    Act'');
    (ii) chapter 601 of title
    49, United States Code
    (including those provisions
    formerly cited as the Natural
    Gas Pipeline Safety Act of 1968
    (Public Law 90-481; 82 Stat.
    720) and the Hazardous Liquid
    Pipeline Safety Act of 1979
    (Public Law 96-129; 93 Stat.
    1003)); and
    (jj) any other Federal law
    that the Chair determines to be
    appropriate.
    (II) Environmental reviews.--The
    guidance under clause (i) shall include
    direction to States and other interested
    parties for the development of
    programmatic environmental reviews under
    the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.) for carbon
    capture, utilization, and sequestration
    projects and carbon dioxide pipelines.
    (III) Public involvement.--The
    guidance under clause (i) shall be
    subject to the public notice, comment,
    and solicitation of information

    [[Page 2253]]

    procedures under section 1506.6 of title
    40, Code of Federal Regulations (or a
    successor regulation).
    (iii) Submission; publication.--The Chair
    shall--
    (I) submit the guidance under clause
    (i) to the Committee on Environment and
    Public Works of the Senate and the
    Committee on Energy and Commerce, the
    Committee on Natural Resources, and the
    Committee on Transportation and
    Infrastructure of the House of
    Representatives; and
    (II) <>
    as soon as practicable, make the
    guidance publicly available.
    (iv) Evaluation.--The Chair shall--
    (I) periodically evaluate the
    reports of the task forces under
    subparagraph (D)(v) and, as necessary,
    revise the guidance under clause (i);
    and
    (II) <>  each year, submit to the
    Committee on Environment and Public
    Works of the Senate, the Committee on
    Energy and Commerce, the Committee on
    Natural Resources, and the Committee on
    Transportation and Infrastructure of the
    House of Representatives, and relevant
    Federal agencies a report that describes
    any recommendations for rules, revisions
    to rules, or other policies that would
    address the issues identified by the
    task forces under subparagraph (D)(v).
    (D) Task forces.--
    (i) <>  Establishment.--Not
    later than 18 months after the date of enactment
    of this Act, the Chair shall establish not less
    than 2 task forces, which shall each cover a
    different geographical area with differing
    demographic, land use, or geological issues--
    (I) to identify permitting and other
    challenges and successes that permitting
    authorities and project developers and
    operators face in permitting projects in
    an efficient, orderly, and responsible
    manner; and
    (II) to improve the performance of
    the permitting process and regional
    coordination for the purpose of
    promoting the efficient, orderly, and
    responsible development of carbon
    capture, utilization, and sequestration
    projects and carbon dioxide pipelines.
    (ii) Members and selection.--
    (I) In general.--The Chair shall--
    (aa) <>
    develop criteria for the
    selection of members to each
    task force; and
    (bb) select members for each
    task force in accordance with
    item (aa) and subclause (II).
    (II) Members.--Each task force--
    (aa) shall include not less
    than 1 representative of each
    of--
    (AA) the Environmental
    Protection Agency;
    (BB) the Department of
    Energy;
    (CC) the Department of
    the Interior;

    [[Page 2254]]

    (DD) the Pipeline and
    Hazardous Materials Safety
    Administration;
    (EE) any other Federal
    agency the Chair determines
    to be appropriate;
    (FF) any State that
    requests participation in
    the geographical area
    covered by the task force;
    (GG) developers or
    operators of carbon capture,
    utilization, and
    sequestration projects or
    carbon dioxide pipelines;
    and
    (HH) nongovernmental
    membership organizations,
    the primary mission of which
    concerns protection of the
    environment;
    (bb) at the request of a
    Tribal or local government, may
    include a representative of--
    (AA) not less than 1
    local government in the
    geographical area covered by
    the task force; and
    (BB) not less than 1
    Tribal government in the
    geographical area covered by
    the task force; and
    (cc) shall include 1 expert
    in each of the following
    fields--
    (AA) health and
    environmental effects,
    including exposure
    evaluation; and
    (BB) pipeline safety.
    (iii) Meetings.--
    (I) In general.--Each task force
    shall meet not less than twice each
    year.
    (II) Joint meeting.--To the maximum
    extent practicable, the task forces
    shall meet collectively not less than
    once each year.
    (iv) Duties.--Each task force shall--
    (I) inventory existing or potential
    Federal and State approaches to
    facilitate reviews associated with the
    deployment of carbon capture,
    utilization, and sequestration projects
    and carbon dioxide pipelines, including
    best practices that--
    (aa) avoid duplicative
    reviews to the extent permitted
    by law;
    (bb) engage stakeholders
    early in the permitting process;
    and
    (cc) make the permitting
    process efficient, orderly, and
    responsible;
    (II) develop common models for
    State-level carbon dioxide pipeline
    regulation and oversight guidelines that
    can be shared with States in the
    geographical area covered by the task
    force;
    (III) provide technical assistance
    to States in the geographical area
    covered by the task force in
    implementing regulatory requirements and
    any models developed under subclause
    (II);
    (IV) inventory current or emerging
    activities that transform captured
    carbon dioxide into a product of
    commercial value, or as an input to
    products of commercial value;

    [[Page 2255]]

    (V) identify any priority carbon
    dioxide pipelines needed to enable
    efficient, orderly, and responsible
    development of carbon capture,
    utilization, and sequestration projects
    at increased scale;
    (VI) identify gaps in the current
    Federal and State regulatory framework
    and in existing data for the deployment
    of carbon capture, utilization, and
    sequestration projects and carbon
    dioxide pipelines;
    (VII) identify Federal and State
    financing mechanisms available to
    project developers; and
    (VIII) develop recommendations for
    relevant Federal agencies on how to
    develop and research technologies that--
    (aa) can capture carbon
    dioxide; and
    (bb) would be able to be
    deployed within the region
    covered by the task force,
    including any projects that have
    received technical or financial
    assistance for research under
    paragraph (6) of section 103(g)
    of the Clean Air Act (42 U.S.C.
    7403(g)).
    (v) Report.--Each year, each task force shall
    prepare and submit to the Chair and to the other
    task forces a report that includes--
    (I) <>
    any recommendations for improvements in
    efficient, orderly, and responsible
    issuance or administration of Federal
    permits and other Federal authorizations
    required under a law described in
    subparagraph (C)(ii)(I); and
    (II) any other nationally relevant
    information that the task force has
    collected in carrying out the duties
    under clause (iv).
    (vi) <>  Evaluation.--Not
    later than 5 years after the date of enactment of
    this Act, the Chair shall--
    (I) reevaluate the need for the task
    forces; and
    (II) <>
    submit to Congress a recommendation as
    to whether the task forces should
    continue.
    SEC. 103. <>  AMERICAN
    INNOVATION AND MANUFACTURING.

    (a) Short Title.--This section may be cited as the ``American
    Innovation and Manufacturing Act of 2020''.
    (b) Definitions.--In this section:
    (1) Administrator.--The term ``Administrator'' means the
    Administrator of the Environmental Protection Agency.
    (2) Allowance.--The term ``allowance'' means a limited
    authorization for the production or consumption of a regulated
    substance established under subsection (e).
    (3) Consumption.--The term ``consumption'', with respect to
    a regulated substance, means a quantity equal to the difference
    between--
    (A) a quantity equal to the sum of--
    (i) the quantity of that regulated substance
    produced in the United States; and
    (ii) the quantity of the regulated substance
    imported into the United States; and

    [[Page 2256]]

    (B) the quantity of the regulated substance exported
    from the United States.
    (4) Consumption baseline.--The term ``consumption baseline''
    means the baseline established for the consumption of regulated
    substances under subsection (e)(1)(C).
    (5) Exchange value.--The term ``exchange value'' means the
    value assigned to a regulated substance in accordance with
    subsections (c) and (e), as applicable.
    (6) Import.--The term ``import'' means to land on, bring
    into, or introduce into, or attempt to land on, bring into, or
    introduce into, any place subject to the jurisdiction of the
    United States, regardless of whether that landing, bringing, or
    introduction constitutes an importation within the meaning of
    the customs laws of the United States.
    (7) Produce.--
    (A) In general.--The term ``produce'' means the
    manufacture of a regulated substance from a raw material
    or feedstock chemical (but not including the destruction
    of a regulated substance by a technology approved by the
    Administrator).
    (B) Exclusions.--The term ``produce'' does not
    include--
    (i) the manufacture of a regulated substance
    that is used and entirely consumed (except for
    trace quantities) in the manufacture of another
    chemical; or
    (ii) the reclamation, reuse, or recycling of a
    regulated substance.
    (8) Production baseline.--The term ``production baseline''
    means the baseline established for the production of regulated
    substances under subsection (e)(1)(B).
    (9) Reclaim; reclamation.--The terms ``reclaim'' and
    ``reclamation'' mean--
    (A) the reprocessing of a recovered regulated
    substance to at least the purity described in standard
    700-2016 of the Air-Conditioning, Heating, and
    Refrigeration Institute (or an appropriate successor
    standard adopted by the Administrator); and
    (B) the verification of the purity of that regulated
    substance using, at a minimum, the analytical
    methodology described in the standard referred to in
    subparagraph (A).
    (10) Recover.--The term ``recover'' means the process by
    which a regulated substance is--
    (A) removed, in any condition, from equipment; and
    (B) stored in an external container, with or without
    testing or processing the regulated substance.
    (11) Regulated substance.--The term ``regulated substance''
    means--
    (A) a substance listed in the table contained in
    subsection (c)(1); and
    (B) a substance included as a regulated substance by
    the Administrator under subsection (c)(3).

    (c) Listing of Regulated Substances.--
    (1) List of regulated substances.--Each of the following
    substances, and any isomers of such a substance, shall be a
    regulated substance:

    [[Page 2257]]

    ----------------------------------------------------------------------------------------------------------------
    Exchange
    Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHF2                                                    HFC-134                                         1100
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF3                                                      HFC-134a                                       1430
    ----------------------------------------------------------------------------------------------------------------
    CH2FCHF2                                                    HFC-143                                          353
    ----------------------------------------------------------------------------------------------------------------
    CHF2CH2CF3                                                  HFC-245fa                                       1030
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF2CH3                                                HFC-365mfc                                       794
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCF3                                                   HFC-227ea                                       3220
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CF3                                                  HFC-236cb                                       1340
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHFCF3                                                  HFC-236ea                                       1370
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF3                                                   HFC-236fa                                       9810
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CHF2                                                 HFC-245ca                                        693
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCHFCF2CF3                                             HFC-43-10mee                                    1640
    ----------------------------------------------------------------------------------------------------------------
    CH2F2                                                       HFC-32                                           675
    ----------------------------------------------------------------------------------------------------------------
    CHF2CF3                                                     HFC-125                                         3500
    ----------------------------------------------------------------------------------------------------------------
    CH3CF3                                                      HFC-143a                                        4470
    ----------------------------------------------------------------------------------------------------------------
    CH3F                                                        HFC-41                                            92
    ----------------------------------------------------------------------------------------------------------------
    CH2FCH2F                                                    HFC-152                                           53
    ----------------------------------------------------------------------------------------------------------------
    CH3CHF2                                                     HFC-152a                                         124
    ----------------------------------------------------------------------------------------------------------------
    CHF3                                                        HFC-23                                        14800.
    ----------------------------------------------------------------------------------------------------------------

    (2) Review.--The Administrator may--
    (A) review the exchange values listed in the table
    contained in paragraph (1) on a periodic basis; and
    (B) subject to notice and opportunity for public
    comment, adjust the exchange values solely on the basis
    of--
    (i) the best available science; and
    (ii) other information consistent with widely
    used or commonly accepted existing exchange
    values.
    (3) Other regulated substances.--
    (A) In general.--Subject to notice and opportunity
    for public comment, the Administrator may designate a
    substance not included in the table contained in
    paragraph (1) as a regulated substance if--
    (i) the substance--
    (I) is a chemical substance that is
    a saturated hydrofluorocarbon; and
    (II) has an exchange value, as
    determined by the Administrator in
    accordance with the basis described in
    paragraph (2)(B), of greater than 53;
    and
    (ii) the designation of the substance as a
    regulated substance would be consistent with the
    purposes of this section.

    [[Page 2258]]

    (B) Savings provision.--
    (i) In general.--Nothing in this paragraph
    authorizes the Administrator to designate as a
    regulated substance a blend of substances that
    includes a saturated hydrofluorocarbon for
    purposes of phasing down production or consumption
    of regulated substances under subsection (e), even
    if the saturated hydrofluorocarbon is, or may be,
    designated as a regulated substance.
    (ii) Authority of administrator.--Clause (i)
    does not affect the authority of the Administrator
    to regulate under this Act a regulated substance
    within a blend of substances.

    (d) Monitoring and Reporting Requirements.--
    (1) Production, import, and export level reports.--
    (A) <>  In general.--On a
    periodic basis, to be determined by the Administrator,
    but not less frequently than annually, each person who,
    within the applicable reporting period, produces,
    imports, exports, destroys, transforms, uses as a
    process agent, or reclaims a regulated substance shall
    submit to the Administrator a report that describes, as
    applicable, the quantity of the regulated substance that
    the person--
    (i) produced, imported, and exported;
    (ii) reclaimed;
    (iii) destroyed by a technology approved by
    the Administrator;
    (iv) used and entirely consumed (except for
    trace quantities) in the manufacture of another
    chemical; or
    (v) used as a process agent.
    (B) Requirements.--
    (i) Signed and attested.--The report under
    subparagraph (A) shall be signed and attested by a
    responsible officer (within the meaning of the
    Clean Air Act (42 U.S.C. 7401 et seq.)).
    (ii) No further reports required.--A report
    under subparagraph (A) shall not be required from
    a person if the person--
    (I) permanently ceases production,
    importation, exportation, destruction,
    transformation, use as a process agent,
    or reclamation of all regulated
    substances; and
    (II) <>
    notifies the Administrator in writing
    that the requirement under subclause (I)
    has been met.
    (iii) Baseline period.--Each report under
    subparagraph (A) shall include, as applicable, the
    information described in that subparagraph for the
    baseline period of calendar years 2011 through
    2013.
    (2) Coordination.--The Administrator may allow any person
    subject to the requirements of paragraph (1)(A) to combine and
    include the information required to be reported under that
    paragraph with any other related information that the person is
    required to report to the Administrator.

    (e) Phase-down of Production and Consumption of Regulated
    Substances.--
    (1) Baselines.--

    [[Page 2259]]

    (A) In general.--Subject to subparagraph (D), the
    Administrator shall establish for the phase-down of
    regulated substances--
    (i) a production baseline for the production
    of all regulated substances in the United States,
    as described in subparagraph (B); and
    (ii) a consumption baseline for the
    consumption of all regulated substances in the
    United States, as described in subparagraph (C).
    (B) Production baseline described.--The production
    baseline referred to in subparagraph (A)(i) is the
    quantity equal to the sum of--
    (i) <>  the average annual
    quantity of all regulated substances produced in
    the United States during the period--
    (I) beginning on January 1, 2011;
    and
    (II) ending on December 31, 2013;
    and
    (ii) the quantity equal to the sum of--
    (I) 15 percent of the production
    level of hydrochlorofluorocarbons in
    calendar year 1989; and
    (II) 0.42 percent of the production
    level of chlorofluorocarbons in calendar
    year 1989.
    (C) Consumption baseline described.--The consumption
    baseline referred to in subparagraph (A)(ii) is the
    quantity equal to the sum of--
    (i) <>  the average annual
    quantity of all regulated substances consumed in
    the United States during the period--
    (I) beginning on January 1, 2011;
    and
    (II) ending on December 31, 2013;
    and
    (ii) the quantity equal to the sum of--
    (I) 15 percent of the consumption
    level of hydrochlorofluorocarbons in
    calendar year 1989; and
    (II) 0.42 percent of the consumption
    level of chlorofluorocarbons in calendar
    year 1989.
    (D) Exchange values.--
    (i) In general.--For purposes of establishing
    the baselines pursuant to subparagraphs (B) and
    (C), the Administrator shall use the exchange
    values listed in the table contained in subsection
    (c)(1) for regulated substances and the following
    exchange values for hydrochlorofluorocarbons and
    chlorofluorocarbons:

    ----------------------------------------------------------------------------------------------------------------
    Table 2
    -----------------------------------------------------------------------------------------------------------------
    Exchange
    Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHFC12                                                      HCFC-21                                          151
    ----------------------------------------------------------------------------------------------------------------
    CHF2C1                                                       HCFC-22                                        1810
    ----------------------------------------------------------------------------------------------------------------
    C2HF3C12                                                    HCFC-123                                          77
    ----------------------------------------------------------------------------------------------------------------
    C2HF4C1                                                     HCFC-124                                         609
    ----------------------------------------------------------------------------------------------------------------

    [[Page 2260]]

    CH3CFC12                                                    HCFC-141b                                        725
    ----------------------------------------------------------------------------------------------------------------
    CH3CF2C1                                                    HCFC-142b                                       2310
    ----------------------------------------------------------------------------------------------------------------
    CF3CF2CHC12                                                 HCFC-225ca                                       122
    ----------------------------------------------------------------------------------------------------------------
    CF2C1CF2CHC1F                                               HCFC-225cb                                       595
    ----------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------
    Table 3
    -----------------------------------------------------------------------------------------------------------------
    Exchange
    Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CFC13                                                       CFC-11                                          4750
    ----------------------------------------------------------------------------------------------------------------
    CF2C12                                                      CFC-12                                         10900
    ----------------------------------------------------------------------------------------------------------------
    C2F3C13                                                     CFC-113                                         6130
    ----------------------------------------------------------------------------------------------------------------
    C2F4C12                                                     CFC-114                                        10000
    ----------------------------------------------------------------------------------------------------------------
    C2F5C1                                                      CFC-115                                         7370
    ----------------------------------------------------------------------------------------------------------------

    (ii) Review.--The Administrator may--
    (I) review the exchange values
    listed in the tables contained in clause
    (i) on a periodic basis; and
    (II) subject to notice and
    opportunity for public comment, adjust
    the exchange values solely on the basis
    of--
    (aa) the best available
    science; and
    (bb) other information
    consistent with widely used or
    commonly accepted existing
    exchange values.
    (2) Production and consumption phase-down.--
    (A) <>  In general.--During the
    period beginning on January 1 of each year listed in the
    table contained in subparagraph (C) and ending on
    December 31 of the year before the next year listed on
    that table, except as otherwise permitted under this
    section, no person shall--
    (i) produce a quantity of a regulated
    substance without a corresponding quantity of
    production allowances, except as provided in
    paragraph (5);
    (ii) consume a quantity of a regulated
    substance without a corresponding quantity of
    consumption allowances; or
    (iii) hold, use, or transfer any production
    allowance or consumption allowance allocated under
    this section except in accordance with regulations
    promulgated by the Administrator pursuant to
    subsection (g).
    (B) Compliance.--For each year listed on the table
    contained in subparagraph (C), the Administrator shall
    ensure that the annual quantity of all regulated
    substances

    [[Page 2261]]

    produced or consumed in the United States does not
    exceed the product obtained by multiplying--
    (i) the production baseline or consumption
    baseline, as applicable; and
    (ii) the applicable percentage listed on the
    table contained in subparagraph (C).
    (C) <>
    Relation to baseline.--On January 1 of each year listed
    in the following table, the Administrator shall apply
    the applicable percentage, as described in subparagraph
    (A):

    ----------------------------------------------------------------------------------------------------------------
    Percentage of Production Base-     Percentage of Consumption
    Date                                     line                          Baseline
    ----------------------------------------------------------------------------------------------------------------
    2020-2023                                         90 percent                      90 percent
    ----------------------------------------------------------------------------------------------------------------
    2024-2028                                         60 percent                      60 percent
    ----------------------------------------------------------------------------------------------------------------
    2029-2033                                         30 percent                      30 percent
    ----------------------------------------------------------------------------------------------------------------
    2034-2035                                         20 percent                      20 percent
    ----------------------------------------------------------------------------------------------------------------
    2036 and thereafter                               15 percent                      15 percent
    ----------------------------------------------------------------------------------------------------------------

    (D) Allowances.--
    (i) <>
    Quantity.--Not later than October 1 of each
    calendar year, the Administrator shall use the
    quantity calculated under subparagraph (B) to
    determine the quantity of allowances for the
    production and consumption of regulated substances
    that may be used for the following calendar year.
    (ii) Nature of allowances.--
    (I) In general.--An allowance
    allocated under this section--
    (aa) does not constitute a
    property right; and
    (bb) is a limited
    authorization for the production
    or consumption of a regulated
    substance under this section.
    (II) Savings provision.--Nothing in
    this section or in any other provision
    of law limits the authority of the
    United States to terminate or limit an
    authorization described in subclause
    (I)(bb).
    (3) Regulations regarding production and consumption of
    regulated substances.-- <> Not
    later than 270 days after the date of enactment of this Act,
    which shall include a period of notice and opportunity for
    public comment, the Administrator shall issue a final rule--
    (A) phasing down the production of regulated
    substances in the United States through an allowance
    allocation and trading program in accordance with this
    section; and
    (B) phasing down the consumption of regulated
    substances in the United States through an allowance
    allocation and trading program in accordance with the
    schedule

    [[Page 2262]]

    under paragraph (2)(C) (subject to the same exceptions
    and other requirements as are applicable to the phase-
    down of production of regulated substances under this
    section).
    (4) Exceptions; essential uses.--
    (A) Feedstocks and process agents.--Except for the
    reporting requirements described in subsection (d)(1),
    this section does not apply to--
    (i) a regulated substance that is used and
    entirely consumed (except for trace quantities) in
    the manufacture of another chemical; or
    (ii) a regulated substance that is used and
    not entirely consumed in the manufacture of
    another chemical, if the remaining amounts of the
    regulated substance are subsequently destroyed.
    (B) Essential uses.--
    (i) <>  In general.--Beginning on the date of
    enactment of this Act and subject to paragraphs
    (2) and (3) and clauses (ii) and (iii), the
    Administrator may, by rule, after considering
    technical achievability, commercial demands,
    affordability for residential and small business
    consumers, safety, and other relevant factors,
    including overall economic costs and environmental
    impacts compared to historical trends, allocate a
    quantity of allowances for a period of not more
    than 5 years for the production and consumption of
    a regulated substance exclusively for the use of
    the regulated substance in an application, if--
    (I) no safe or technically
    achievable substitute will be available
    during the applicable period for that
    application; and
    (II) the supply of the regulated
    substance that manufacturers or users of
    the regulated substance for that
    application are capable of securing from
    chemical manufacturers, as authorized
    under paragraph (2)(A), including any
    quantities of a regulated substance
    available from production or import, is
    insufficient to accommodate the
    application.
    (ii) Petition.--If the Administrator receives
    a petition requesting the designation of an
    application as an essential use under clause (i),
    the Administrator shall--
    (I) <>  not later than 180 days
    after the date on which the
    Administrator receives the petition--
    (aa) make the complete
    petition available to the
    public; and
    (bb) <>  when making the
    petition available to the public
    under item (aa), propose and
    seek public comment on--
    (AA) a determination of
    whether to designate the
    application as an essential
    use; and
    (BB) if the
    Administrator proposes to
    designate the application as
    an essential use, making the
    requisite allocation of
    allowances; and

    [[Page 2263]]

    (II) <>  not later
    than 270 days after the date on which
    the Administrator receives the petition,
    take final action on the petition.
    (iii) Limitation.--A person receiving an
    allocation under clause (i) or (iv) or as a result
    of a petition granted under clause (ii) may not
    produce or consume a produced quantity of
    regulated substances that, considering the
    respective exchange values of the regulated
    substances, exceeds the number of allowances
    issued under paragraphs (2) and (3) that are held
    by that person.
    (iv) Mandatory allocations.--
    (I) <>  In general.--Notwithstanding
    clause (i) and subject to clause (iii)
    and paragraphs (2) and (3), for the 5-
    year period beginning on the date of
    enactment of this Act, the Administrator
    shall allocate the full quantity of
    allowances necessary, based on
    projected, current, and historical
    trends, for the production or
    consumption of a regulated substance for
    the exclusive use of the regulated
    substance in an application solely for--
    (aa) a propellant in
    metered-dose inhalers;
    (bb) defense sprays;
    (cc) structural composite
    preformed polyurethane foam for
    marine use and trailer use;
    (dd) the etching of
    semiconductor material or wafers
    and the cleaning of chemical
    vapor deposition chambers within
    the semiconductor manufacturing
    sector;
    (ee) mission-critical
    military end uses, such as
    armored vehicle engine and
    shipboard fire suppression
    systems and systems used in
    deployable and expeditionary
    applications; and
    (ff) onboard aerospace fire
    suppression.
    (II) <>
    Requirement.--The allocation of
    allowances under subclause (I) shall be
    determined through a rulemaking.
    (v) <>  Review.--
    (I) In general.--For each essential
    use application receiving an allocation
    of allowances under clause (i) or (iv),
    the Administrator shall review the
    availability of substitutes, including
    any quantities of the regulated
    substance available from reclaiming or
    prior production, not less frequently
    than once every 5 years.
    (II) <>
    Extension.--If, pursuant to a review
    under subclause (I), the Administrator
    determines, subject to notice and
    opportunity for public comment, that the
    requirements described in subclauses (I)
    and (II) of clause (i) are met, the
    Administrator shall authorize the
    production or consumption, as
    applicable, of any regulated substance
    used in the application for renewable
    periods of not more than 5 years for
    exclusive use in the application.
    (5) Domestic manufacturing.--Notwithstanding paragraph
    (2)(A)(i), the Administrator may, by rule, authorize a

    [[Page 2264]]

    person to produce a regulated substance in excess of the number
    of production allowances held by that person, subject to the
    conditions that--
    (A) the authorization is--
    (i) <>  for a renewable
    period of not more than 5 years; and
    (ii) subject to notice and opportunity for
    public comment; and
    (B) the production--
    (i) is at a facility located in the United
    States;
    (ii) is solely for export to, and use in, a
    foreign country that is not subject to the
    prohibition in subsection (j)(1); and
    (iii) would not violate paragraph (2)(B).

    (f) Accelerated Schedule.--
    (1) <>  In general.--Subject to
    paragraph (4), the Administrator may, only in response to a
    petition submitted to the Administrator in accordance with
    paragraph (3) and after notice and opportunity for public
    comment, promulgate regulations that establish a schedule for
    phasing down the production or consumption of regulated
    substances that is more stringent than the production and
    consumption levels of regulated substances required under
    subsection (e)(2)(C).
    (2) Requirements.--Any regulations promulgated under this
    subsection--
    (A) shall--
    (i) <>  apply uniformly
    to the allocation of production and consumption
    allowances for regulated substances, in accordance
    with subsection (e)(3);
    (ii) ensure that there will be sufficient
    quantities of regulated substances, including
    substances available from reclaiming, prior
    production, or prior import, to meet the needs
    for--
    (I) applications that receive an
    allocation under clause (i) of
    subsection (e)(4)(B); and
    (II) all applications that receive a
    mandatory allocation under items (aa)
    through (ff) of clause (iv)(I) of that
    subsection; and
    (iii) foster continued reclamation of and
    transition from regulated substances; and
    (B) <>  shall not set the
    level of production allowances or consumption allowances
    below the percentage of the consumption baseline that is
    actually consumed during the calendar year prior to the
    year during which the Administrator makes a final
    determination with respect to the applicable proposal
    described in paragraph (3)(C)(iii)(I).
    (3) Petition.--
    (A) In general.--A person may petition the
    Administrator to promulgate regulations for an
    accelerated schedule for the phase-down of production or
    consumption of regulated substances under paragraph (1).
    (B) Requirement.--A petition submitted under
    subparagraph (A) shall--
    (i) be made at such time, in such manner, and
    containing such information as the Administrator
    shall require; and

    [[Page 2265]]

    (ii) include a showing by the petitioner that
    there are data to support the petition.
    (C) Timelines.--
    (i) <>  In general.--If the
    Administrator receives a petition under
    subparagraph (A), the Administrator shall--
    (I) not later than 180 days after
    the date on which the Administrator
    receives the petition--
    (aa) <>  make the
    complete petition available to
    the public; and
    (bb) <>  when making the
    petition available to the public
    under item (aa), propose and
    seek public comment on the
    proposal of the Administrator to
    grant or deny the petition; and
    (II) not later than 270 days after
    the date on which the Administrator
    receives the petition, take final action
    on the petition.
    (ii) Factors for determination.--In making a
    determination to grant or deny a petition
    submitted under subparagraph (A), the
    Administrator shall, to the extent practicable,
    factor in--
    (I) the best available data;
    (II) the availability of substitutes
    for uses of the regulated substance that
    is the subject of the petition, taking
    into account technological
    achievability, commercial demands,
    affordability for residential and small
    business consumers, safety, consumer
    costs, building codes, appliance
    efficiency standards, contractor
    training costs, and other relevant
    factors, including the quantities of
    regulated substances available from
    reclaiming, prior production, or prior
    import;
    (III) overall economic costs and
    environmental impacts, as compared to
    historical trends; and
    (IV) the remaining phase-down period
    for regulated substances under the final
    rule issued under subsection (e)(3), if
    applicable.
    (iii) <>  Regulations.--
    After receiving public comment with respect to the
    proposal under clause (i)(I)(bb), if the
    Administrator makes a final determination to grant
    a petition under subparagraph (A), the final
    regulations with respect to the petition shall--
    (I) <>  be
    promulgated by not later than 1 year
    after the date on which the
    Administrator makes the proposal to
    grant the petition under that clause;
    and
    (II) meet the requirements of
    paragraph (2).
    (D) Publication.--When the Administrator makes a
    final determination to grant or deny a petition under
    subparagraph (A), the Administrator shall publish a
    description of the reasons for that grant or denial,
    including a description of the information considered
    under subclauses (I) through (IV) of subparagraph
    (C)(ii).
    (E) <>  Insufficient
    information.--If the Administrator determines that the
    data included under subparagraph

    [[Page 2266]]

    (B)(ii) in a petition are not sufficient to make a
    determination under this paragraph, the Administrator
    shall use any authority available to the Administrator
    to acquire the necessary data.
    (4) Date of effectiveness.--The Administrator may not
    promulgate under paragraph (1) a regulation for the production
    or consumption of regulated substances that is more stringent
    than the production or consumption levels required under
    subsection (e)(2)(C) that takes effect before January 1, 2025.
    (5) Review.--
    (A) <>  In general.--
    The Administrator shall review the availability of
    substitutes for regulated substances subject to an
    accelerated schedule established under paragraph (1) in
    each sector and subsector in which the regulated
    substance is used, taking into account technological
    achievability, commercial demands, safety, and other
    relevant factors, including the quantities of regulated
    substances available from reclaiming, prior production,
    or prior import, by January 1, 2026 (for the first
    review), by January 1, 2031 (for the second review), and
    at least once every 5 years thereafter.
    (B) Public availability.--The Administrator shall
    make the results of a review conducted under
    subparagraph (A) publicly available.
    (6) Savings provision.--Nothing in this subsection
    authorizes the Administrator to promulgate regulations pursuant
    to this subsection that establish a schedule for phasing down
    the production or consumption of regulated substances that is
    less stringent than the production and consumption levels of
    regulated substances required under subsection (e)(2)(C).

    (g) Exchange Authority.--
    (1) <>
    Transfers.--Not later than 270 days after the date of enactment
    of this Act, which shall include a period of notice and
    opportunity for public comment, the Administrator shall
    promulgate a final regulation that governs the transfer of
    allowances for the production of regulated substances under
    subsection (e)(3)(A) that uses--
    (A) the applicable exchange values described in the
    table contained in subsection (c)(1); or
    (B) the exchange value described in the rule
    designating the substance as a regulated substance under
    subsection (c)(3).
    (2) Requirements.--The final rule promulgated pursuant to
    paragraph (1) shall--
    (A) ensure that the transfers under this subsection
    will result in greater total reductions in the
    production of regulated substances in each year than
    would occur during the year in the absence of the
    transfers;
    (B) permit 2 or more persons to transfer production
    allowances if the transferor of the allowances will be
    subject, under the final rule, to an enforceable and
    quantifiable reduction in annual production that--
    (i) exceeds the reduction otherwise applicable
    to the transferor under this section;
    (ii) exceeds the quantity of production
    represented by the production allowances
    transferred to the transferee; and

    [[Page 2267]]

    (iii) would not have occurred in the absence
    of the transaction; and
    (C) provide for the trading of consumption
    allowances in the same manner as is applicable under
    this subsection to the trading of production allowances.

    (h) Management of Regulated Substances.--
    (1) <>  In general.--For
    purposes of maximizing reclaiming and minimizing the release of
    a regulated substance from equipment and ensuring the safety of
    technicians and consumers, the Administrator shall promulgate
    regulations to control, where appropriate, any practice,
    process, or activity regarding the servicing, repair, disposal,
    or installation of equipment (including requiring, where
    appropriate, that any such servicing, repair, disposal, or
    installation be performed by a trained technician meeting
    minimum standards, as determined by the Administrator) that
    involves--
    (A) a regulated substance;
    (B) a substitute for a regulated substance;
    (C) the reclaiming of a regulated substance used as
    a refrigerant; or
    (D) the reclaiming of a substitute for a regulated
    substance used as a refrigerant.
    (2) Reclaiming.--
    (A) In general.--In carrying out this section, the
    Administrator shall consider the use of authority
    available to the Administrator under this section to
    increase opportunities for the reclaiming of regulated
    substances used as refrigerants.
    (B) Recovery.--A regulated substance used as a
    refrigerant that is recovered shall be reclaimed before
    the regulated substance is sold or transferred to a new
    owner, except where the recovered regulated substance is
    sold or transferred to a new owner solely for the
    purposes of being reclaimed or destroyed.
    (3) Coordination.--In promulgating regulations to carry out
    this subsection, the Administrator may coordinate those
    regulations with any other regulations promulgated by the
    Administrator that involve--
    (A) the same or a similar practice, process, or
    activity regarding the servicing, repair, disposal, or
    installation of equipment; or
    (B) reclaiming.
    (4) Inapplicability.--No regulation promulgated pursuant to
    this subsection shall apply to a regulated substance or a
    substitute for a regulated substance that is contained in a
    foam.
    (5) Small business grants.--
    (A) Definition of small business concern.--In this
    paragraph, the term ``small business concern'' has the
    same meaning as in section 3 of the Small Business Act
    (15 U.S.C. 632).
    (B) Establishment.--Subject to the availability of
    appropriations, the Administrator shall establish a
    grant program to award grants to small business concerns
    for the purchase of new specialized equipment for the
    recycling, recovery, or reclamation of a substitute for
    a regulated substance, including the purchase of
    approved refrigerant

    [[Page 2268]]

    recycling equipment (as defined in section 609(b) of the
    Clean Air Act (42 U.S.C. 7671h(b))) for recycling,
    recovery, or reclamation in the service or repair of
    motor vehicle air conditioning systems.
    (C) Matching funds.--The non-Federal share of a
    project carried out with a grant under this paragraph
    shall be not less than 25 percent.
    (D) Authorization of appropriations.--There is
    authorized to be appropriated to carry out this
    paragraph $5,000,000 for each of fiscal years 2021
    through 2023.

    (i) Technology Transitions.--
    (1) Authority.--Subject to the provisions of this
    subsection, the Administrator may by rule restrict, fully,
    partially, or on a graduated schedule, the use of a regulated
    substance in the sector or subsector in which the regulated
    substance is used.
    (2) Negotiated rulemaking.--
    (A) Consideration required.--Before proposing a rule
    for the use of a regulated substance for a sector or
    subsector under paragraph (1), the Administrator shall
    consider negotiating with stakeholders in the sector or
    subsector subject to the potential rule in accordance
    with the negotiated rulemaking procedure provided for
    under subchapter III of chapter 5 of title 5, United
    States Code (commonly known as the ``Negotiated
    Rulemaking Act of 1990'').
    (B) Negotiated rulemakings.--If the Administrator
    negotiates a rulemaking with stakeholders using the
    procedure described in subparagraph (A), the
    Administrator shall, to the extent practicable, give
    priority to completing that rulemaking over completing
    rulemakings under this subsection that were not
    negotiated using that procedure.
    (C) <>  No negotiated
    rulemaking.--If the Administrator does not negotiate a
    rulemaking with stakeholders using the procedure
    described in subparagraph (A), the Administrator shall,
    before commencement of the rulemaking process for a rule
    under paragraph (1), publish an explanation of the
    decision of the Administrator to not use that procedure.
    (3) Petitions.--
    (A) In general.--A person may petition the
    Administrator to promulgate a rule under paragraph (1)
    for the restriction on use of a regulated substance in a
    sector or subsector, which shall include a request that
    the Administrator negotiate with stakeholders in
    accordance with paragraph (2)(A).
    (B) <>  Response.--The
    Administrator shall grant or deny a petition under
    subparagraph (A) not later than 180 days after the date
    of receipt of the petition.
    (C) Requirements.--
    (i) <>
    Explanation.--If the Administrator denies a
    petition under subparagraph (B), the Administrator
    shall publish in the Federal Register an
    explanation of the denial.
    (ii) <>  Final rule.--If the
    Administrator grants a petition under subparagraph
    (B), the Administrator shall promulgate a final
    rule not later than 2 years

    [[Page 2269]]

    after the date on which the Administrator grants
    the petition.
    (iii) <>
    Publication of petitions.--Not later than 30 days
    after the date on which the Administrator receives
    a petition under subparagraph (A), the
    Administrator shall make that petition available
    to the public in full.
    (4) Factors for determination.--In carrying out a rulemaking
    using the procedure described in paragraph (2) or making a
    determination to grant or deny a petition submitted under
    paragraph (3), the Administrator shall, to the extent
    practicable, factor in--
    (A) the best available data;
    (B) the availability of substitutes for use of the
    regulated substance that is the subject of the
    rulemaking or petition, as applicable, in a sector or
    subsector, taking into account technological
    achievability, commercial demands, affordability for
    residential and small business consumers, safety,
    consumer costs , building codes, appliance efficiency
    standards, contractor training costs, and other relevant
    factors, including the quantities of regulated
    substances available from reclaiming, prior production,
    or prior import;
    (C) overall economic costs and environmental
    impacts, as compared to historical trends; and
    (D) the remaining phase-down period for regulated
    substances under the final rule issued under subsection
    (e)(3), if applicable.
    (5) Evaluation.--In carrying out this subsection, the
    Administrator shall--
    (A) evaluate substitutes for regulated substances in
    a sector or subsector, taking into account technological
    achievability, commercial demands, safety, overall
    economic costs and environmental impacts, and other
    relevant factors; and
    (B) <>  make the
    evaluation under subparagraph (A) available to the
    public, including the factors associated with the safety
    of those substitutes.
    (6) Effective date of rules.--No rule under this subsection
    may take effect before the date that is 1 year after the date on
    which the Administrator promulgates the applicable rule under
    this subsection.
    (7) Applicability.--
    (A) Definition of retrofit.--In this paragraph, the
    term ``retrofit'' means to upgrade existing equipment
    where the regulated substance is changed, which--
    (i) includes the conversion of equipment to
    achieve system compatibility; and
    (ii) may include changes in lubricants,
    gaskets, filters, driers, valves, o-rings, or
    equipment components for that purpose.
    (B) Applicability of rules.--A rule promulgated
    under this subsection shall not apply to--
    (i) an essential use under clause (i) or (iv)
    of subsection (e)(4)(B), including any use for
    which the production or consumption of the
    regulated substance is extended under clause
    (v)(II) of that subsection; or

    [[Page 2270]]

    (ii) except for a retrofit application,
    equipment in existence in a sector or subsector
    before the date of enactment of this Act.

    (j) International Cooperation.--
    (1) <>  In general.--Subject
    to paragraph (2), no person subject to the requirements of this
    section shall trade or transfer a production allowance or, after
    January 1, 2033, export a regulated substance to a person in a
    foreign country that, as determined by the Administrator, has
    not enacted or otherwise established within a reasonable
    timeframe after the date of enactment of this Act the same or
    similar requirements or otherwise undertaken commitments
    regarding the production and consumption of regulated substances
    as are contained in this section.
    (2) Transfers.--Pursuant to paragraph (1), a person in the
    United States may engage in a trade or transfer of a production
    allowance--
    (A) to a person in a foreign country if, at the time
    of the transfer, the Administrator revises the number of
    allowances for production under subsection (e)(2), as
    applicable, for the United States such that the
    aggregate national production of the regulated substance
    to be traded under the revised production limits is
    equal to the least of--
    (i) the maximum production level permitted for
    the applicable regulated substance in the year of
    the transfer under this section, less the
    production allowances transferred;
    (ii) the maximum production level permitted
    for the applicable regulated substances in the
    transfer year under applicable law, less the
    production allowances transferred; and
    (iii) <>  the average of
    the actual national production level of the
    applicable regulated substances for the 3-year
    period ending on the date of the transfer, less
    the production allowances transferred; or
    (B) from a person in a foreign country if, at the
    time of the trade or transfer, the Administrator finds
    that the foreign country has revised the domestic
    production limits of the regulated substance in the same
    manner as provided with respect to transfers by a person
    in United States under this subsection.
    (3) Effect of transfers on production limits.--The
    Administrator may--
    (A) reduce the production limits established under
    subsection (e)(2)(B) as required as a prerequisite to a
    transfer described in paragraph (2)(A); or
    (B) increase the production limits established under
    subsection (e)(2)(B) to reflect production allowances
    acquired under a trade or transfer described in
    paragraph (2)(B).
    (4) Regulations.--The Administrator shall--
    (A) <>  not later than 1 year after
    the date of enactment of this Act, promulgate a final
    rule to carry out this subsection; and

    [[Page 2271]]

    (B) <>  not less
    frequently than annually, review and, if necessary,
    revise the final rule promulgated pursuant to
    subparagraph (A).

    (k) Relationship to Other Law.--
    (1) Implementation.--
    (A) Rulemakings.--The Administrator may promulgate
    such regulations as are necessary to carry out the
    functions of the Administrator under this section.
    (B) <>  Delegation.--The
    Administrator may delegate to any officer or employee of
    the Environmental Protection Agency such of the powers
    and duties of the Administrator under this section as
    the Administrator determines to be appropriate.
    (C) <>  Clean air act.--
    Sections 113, 114, 304, and 307 of the Clean Air Act (42
    U.S.C. 7413, 7414, 7604, 7607) shall apply to this
    section and any rule, rulemaking, or regulation
    promulgated by the Administrator pursuant to this
    section as though this section were expressly included
    in title VI of that Act (42 U.S.C. 7671 et seq.).
    (2) Preemption.--
    (A) <>  In
    general.--Subject to subparagraph (B), during the 5-year
    period beginning on the date of enactment of this Act,
    and with respect to an exclusive use for which a
    mandatory allocation of allowances is provided under
    subsection (e)(4)(B)(iv)(I), no State or political
    subdivision of a State may enforce a statute or
    administrative action restricting the management or use
    of a regulated substance within that exclusive use.
    (B) Extension.--
    (i) In general.--Subject to clause (ii), if,
    pursuant to subclause (I) of subsection
    (e)(4)(B)(v), the Administrator authorizes an
    additional period under subclause (II) of that
    subsection for the production or consumption of a
    regulated substance for an exclusive use described
    in subparagraph (A), no State or political
    subdivision of a State may enforce a statute or
    administrative action restricting the management
    or use of the regulated substance within that
    exclusive use for the duration of that additional
    period.
    (ii) <>
    Limitation.--The period for which the limitation
    under clause (i) applies shall not exceed 5 years
    from the date on which the period described in
    subparagraph (A) ends.

    [[Page 2272]]

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

    TITLE <>  I--
    SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT
    SEC. 101. <>  SHORT TITLE.

    This title may be cited as the ``Smithsonian American Women's
    History Museum Act''.
    SEC. 102. <>  FINDINGS.

    Congress finds the following:
    (1) Since its founding, the United States has greatly
    benefitted from the contributions of women.
    (2) Historical accounts, monuments, memorials, and museums
    disproportionately represent men's achievements and
    contributions and often neglect those of women. For example--
    (A) a study of 18 United States history textbooks
    concluded that 10 percent of the material documented
    contributions of women;
    (B) 9 statues out of 91 in the United States
    Capitol's National Statuary Hall depict women; and
    (C) only one of the 44 monuments operated by the
    National Park Service specifically honors the
    achievements of women after the 2016 designation of the
    Belmont-Paul Women's Equality National Monument.
    (3) There exists no national museum in the United States
    that is devoted to the documentation of women's contributions
    throughout the Nation's history.
    (4) On December 19, 2014, Congress created a Congressional
    Commission to study the potential for an American museum of
    women's history. The bipartisan Commission unanimously concluded
    that the United States needs and deserves a physical national
    museum dedicated to showcasing the historical experiences and
    impact of women in the United States.
    (5) A comprehensive women's history museum would document
    the full spectrum of the experiences of women in the United
    States, represent a diverse range of viewpoints, experiences,
    and backgrounds, more accurately depict the history of the
    United States, and add value to the Smithsonian Institution.
    (6) The collections, exhibits, historical narrative
    materials, and museum programming of the women's history museum
    should be inclusive, comprehensive, and innovative. Such
    collections, exhibits, materials, and programming should present
    the diverse range of experiences and viewpoints of all women in
    the United States, reflecting upon the things that set women
    apart from one another while also highlighting the experiences
    that many of these women share.

    [[Page 2273]]

    SEC. 103. <>  ESTABLISHMENT OF MUSEUM.

    (a) <>  Establishment.--There is established
    within the Smithsonian Institution a comprehensive women's history
    museum, to be named by the Board of Regents in consultation with the
    council established under section 104 (referred to in this Act as the
    ``Museum'').

    (b) Purpose.--The purpose of the Museum established under this
    section shall be to provide for--
    (1) the collection and study of, and the establishment of
    programs relating to, women's contributions to various fields
    and throughout different periods of history that have influenced
    the direction of the United States;
    (2) collaboration with other Smithsonian Institution museums
    and facilities, outside museums, and educational institutions;
    and
    (3) the creation of exhibitions and programs that recognize
    diverse perspectives on women's history and contributions.
    SEC. 104. <>  COUNCIL.

    (a) Establishment.--There is established within the Smithsonian
    Institution a council to carry out the duties set forth under subsection
    (b) and other provisions of this Act (referred to in this section as the
    ``Council'').
    (b) Duties.--
    (1) In general.--The Council established under this section
    shall--
    (A) make recommendations to the Board of Regents
    concerning the planning, design, and construction of the
    Museum;
    (B) advise and assist the Board of Regents on all
    matters relating to the administration, operation,
    maintenance, and preservation of the Museum;
    (C) recommend annual operating budgets for the
    Museum to the Board of Regents;
    (D) report annually to the Board of Regents on the
    acquisition, disposition, and display of objects
    relating to women's art, history, and culture; and
    (E) adopt bylaws for the operation of the Council.
    (2) Principal responsibilities.--The Council, subject to the
    general policies of the Board of Regents, shall have sole
    authority to--
    (A) purchase, accept, borrow, and otherwise acquire
    artifacts for addition to the collections of the Museum;
    (B) loan, exchange, sell, and otherwise dispose of
    any part of the collections of the Museum, but only if
    the funds generated by that disposition are used for
    additions to the collections of the Museum; or
    (C) specify criteria with respect to the use of the
    collections and resources of the Museum, including
    policies on programming, education, exhibitions, and
    research with respect to--
    (i) the life, art, history, and culture of
    women;
    (ii) the role of women in the history of the
    United States; and
    (iii) the contributions of women to society.
    (3) Other responsibilities.--The Council, subject to the
    general policies of the Board of Regents, shall have authority--

    [[Page 2274]]

    (A) to provide for preservation, restoration, and
    maintenance of the collections of the Museum; and
    (B) to solicit, accept, use, and dispose of gifts,
    bequests, and devises of personal property for the
    purpose of aiding and facilitating the work of the
    Museum.
    (4) Ensuring diversity of political viewpoints in exhibits
    and programs.--In carrying out its duties, the Council shall
    ensure that the exhibits and programs of the Museum reflect, to
    the extent practicable, an equal representation of the diversity
    of the political viewpoints held by women of the United States
    on the events and issues relating to the history of women in the
    United States.

    (c) Composition and Appointment.--
    (1) In general.--The Council shall be composed of 25 voting
    members as provided under paragraph (2).
    (2) Voting members.--The Council shall include the following
    voting members:
    (A) One member appointed by the majority leader of
    the Senate.
    (B) One member appointed by the minority leader of
    the Senate.
    (C) One member appointed by the Speaker of the House
    of Representatives.
    (D) One member appointed by the minority leader of
    the House of Representatives.
    (E) The Secretary of the Smithsonian Institution.
    (F) One member of the Board of Regents, appointed by
    the Board of Regents.
    (G) Nineteen individuals appointed by the Board of
    Regents. In appointing members under this subparagraph,
    the Board of Regents should give special consideration
    to appointing--
    (i) members of the Congressional Commission;
    (ii) board members of the National Women's
    History Museum, a nonprofit, educational
    organization described in section 501(c)(3) of the
    Internal Revenue Code of 1986 that was
    incorporated in 1996 in the District of Columbia
    and that is dedicated for the purpose of
    establishing a women's history museum; and
    (iii) scholars and representatives of
    organizations that are committed to the study of
    women's history.
    (3) <>  Initial appointments.--The Board of
    Regents shall make initial appointments to the Council under
    paragraph (2) not later than 180 days after the date of the
    enactment of this Act.

    (d) Terms.--
    (1) In general.--Except as provided in this subsection, each
    appointed member of the Council shall be appointed for a term of
    3 years.
    (2) Initial appointees.--As designated by the Board of
    Regents at the time of appointment, of the voting members first
    appointed under subparagraph (G) of subsection (c)(2)--
    (A) 7 members shall be appointed for a term of 1
    year;
    (B) 6 members shall be appointed for a term of 2
    years; and

    [[Page 2275]]

    (C) 6 members shall be appointed for a term of 3
    years.
    (3) Reappointment.--A member of the Council may be
    reappointed, except that no individual may serve on the Council
    for a total of more than 2 terms. For purposes of this
    paragraph, the number of terms an individual serves on the
    Council shall not include any portion of a term for which an
    individual is appointed to fill a vacancy under paragraph
    (4)(B).
    (4) Vacancies.--
    (A) In general.--A vacancy on the Council--
    (i) shall not affect the powers of the
    Council; and
    (ii) shall be filled in the same manner as the
    original appointment was made.
    (B) Term.--Any member of the Council appointed to
    fill a vacancy occurring before the expiration of the
    term for which the member's predecessor was appointed
    shall be appointed for the remainder of that term.

    (e) Compensation.--
    (1) In general.--Except as provided in paragraph (2), a
    member of the Council shall serve without pay.
    (2) Travel expenses.--A member of the Council shall be
    allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for an employee of an agency
    under subchapter I of chapter 57 of title 5, United States Code,
    while away from the home or regular place of business of the
    member in the performance of the duties of the Council.

    (f) Chairperson.--By a majority vote of its voting members, the
    Council shall elect a chairperson from its members.
    (g) Meetings.--
    (1) In general.--The Council shall meet at the call of the
    chairperson or on the written request of a majority of the
    voting members of the Council, but not fewer than twice each
    year.
    (2) <>  Initial meetings.--During the 1-
    year period beginning on the date of the first meeting of the
    Council, the Council shall meet not fewer than 4 times for the
    purpose of carrying out the duties of the Council under this
    Act.

    (h) Quorum.--A majority of the voting members of the Council holding
    office shall constitute a quorum for the purpose of conducting business,
    but a lesser number may receive information on behalf of the Council.
    SEC. 105. <>  DIRECTOR AND
    STAFF OF THE MUSEUM.

    (a) Director.--
    (1) In general.--The Museum shall have a Director who shall
    be appointed by the Secretary, taking into consideration
    individuals recommended by the council established under section
    104.
    (2) Duties.--The Director shall manage the Museum subject to
    the policies of the Board of Regents.

    (b) Staff.--The Secretary may appoint 2 additional employees to
    serve under the Director, except that such additional employees may be
    appointed without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service.
    (c) Pay.--The employees appointed by the Secretary under subsection
    (b) may be paid without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, United States Code,

    [[Page 2276]]

    relating to classification of positions and General Schedule pay rates.
    SEC. 106. <>  EDUCATIONAL AND LIAISON
    PROGRAMS.

    (a) Programs Authorized.--The Director of the Museum may carry out
    educational and liaison programs in support of the goals of the Museum.
    (b) Collaboration With Schools.--In carrying out this section, the
    Director shall carry out educational programs in collaboration with
    elementary schools, secondary schools, and postsecondary schools.
    SEC. 107. <>  BUILDING.

    (a) Location.--
    (1) <>  In general.--Not later than 2 years
    after the date of the enactment of this Act, the Board of
    Regents shall designate a site for the Museum.
    (2) <>  Sites for
    consideration.--In designating a site under paragraph (1), the
    Board of Regents shall--
    (A) select a site in the District of Columbia; and
    (B) include the consideration of the following
    sites:
    (i) The site known as the ``South Monument
    site'', located on the National Mall and bordered
    by 14th Street Northwest, Jefferson Drive
    Southwest, Raoul Wallenberg Place Southwest, and
    Independence Ave Southwest.
    (ii) The Northwest United States Capitol site,
    bordered by 3rd Street Northwest, Constitution
    Avenue Northwest, 1st Street Northwest, and
    Pennsylvania Ave Northwest.
    (3) Factors considered.--In designating a site under
    paragraph (1), the Board of Regents shall take into
    consideration each of the following factors:
    (A) <>  An estimate of the
    costs associated with each potential site.
    (B) <>  An assessment of the
    suitability of the space of each potential site,
    including size, proximity to other buildings and
    transportation, and other external environmental
    conditions, as appropriate.
    (C) <>  The
    recommendations of the Congressional Commission.
    (4) Consultation.--The Board of Regents shall carry out its
    duties under this subsection in consultation with each of the
    following:
    (A) The Chair of the National Capital Planning
    Commission.
    (B) The Director of the National Park Service.
    (C) The Chair of the National Capital Memorial
    Advisory Commission.
    (D) The Chair of the Commission on Fine Arts.
    (E) The Chair of the Congressional Commission.
    (F) The Architect of the Capitol.
    (G) The chair and ranking member of each of the
    following committees:
    (i) The Committee on Rules and Administration
    of the Senate.
    (ii) The Committee on House Administration of
    the House of Representatives.

    [[Page 2277]]

    (iii) The Committee on Energy and Natural
    Resources of the Senate.
    (iv) The Committee on Natural Resources of the
    House of Representatives.
    (v) The Committee on Transportation and
    Infrastructure of the House of Representatives.
    (vi) The Committee on Appropriations of the
    House of Representatives.
    (vii) The Committee on Appropriations of the
    Senate.
    (5) Intent of congress.--It is the intent of Congress that
    the Museum be located on or near the National Mall, to the
    maximum extent practicable, in accordance with this section.

    (b) Site Under the Jurisdiction of Another Federal Agency.--
    (1) Written notification of agreement.--The Board of Regents
    shall not designate a site for the Museum that is under the
    administrative jurisdiction of another Federal agency or entity
    unless the head of the Federal agency or entity submits to each
    of the committees described in subsection (a)(4)(G) written
    notification stating that the head of the Federal agency or
    entity concurs with locating the Museum on the land or in the
    structure that is under the administrative jurisdiction of the
    Federal agency or entity.
    (2) Transfer.--As soon as practicable after the date on
    which Congress receives the written notification described in
    paragraph (1), the head of the Federal agency or entity shall
    transfer to the Smithsonian Institution its administrative
    jurisdiction over the land or structure that has been designated
    as the site for the Museum.

    (c) Construction of Building.--The Board of Regents, in consultation
    with the council established under section 104, may plan, design, and
    construct a building for the Museum, which shall be located at the site
    designated by the Board of Regents under subsection (a), in accordance
    with this section.
    (d) Commemorative Works Act.--Chapter 89 of title 40, United States
    Code, shall not apply with respect to the Museum, except that the Museum
    shall not be located in the Reserve (as defined in section 8902(a) of
    that title).
    (e) Cost Sharing.--The Board of Regents shall pay--
    (1) 50 percent of the costs of carrying out this section
    from Federal funds; and
    (2) 50 percent of the costs of carrying out this section
    from non-Federal sources.
    SEC. 108. <>  DEFINITIONS.

    In this Act, the following definitions apply:
    (1) The term ``Board of Regents'' means the Board of Regents
    of the Smithsonian Institution.
    (2) The term ``Congressional Commission'' means the
    Commission to Study the Potential Creation of a National Women's
    History Museum, established under section 3056 of the Military
    Construction Authorization Act for Fiscal Year 2015 (Public Law
    113-291; 128 Stat. 3810).
    (3) The term ``Secretary'' means the Secretary of the
    Smithsonian Institution.

    [[Page 2278]]

    SEC. 109. <>  AUTHORIZATION OF
    APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the
    Smithsonian Institution to carry out this Act, including the planning,
    design, construction, and operation of the Museum established under
    section 103, such sums as may be necessary for fiscal year 2020 and each
    succeeding fiscal year.
    (b) Availability.--Amounts appropriated pursuant to the
    authorization under this section shall remain available until expended.
    (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
    the authorization under this section may be used to conduct fundraising
    in support of the Museum from private sources.

    TITLE II--NATIONAL MUSEUM OF THE AMERICAN LATINO

    SEC. 201. <>  NATIONAL MUSEUM OF THE AMERICAN
    LATINO.

    (a) Findings.--Congress finds the following:
    (1) The United States is a symbol of democracy, freedom, and
    economic opportunity around the world, and the legacy of Latinos
    is deeply rooted in the very fabric of the history, democracy,
    freedom, and economic opportunity of the United States.
    (2) There exists no national museum within the Smithsonian
    Institution that is devoted to the documentation and explication
    of Latino life, art, history, and culture.
    (3) The establishment of the National Museum of the American
    Latino will be consistent with the purposes of the Smithsonian
    Institution, created by Congress in 1846, ``for the increase and
    diffusion of knowledge''.
    (4) The National Museum of the American Latino--
    (A) will be the keystone for people in the United
    States and other Smithsonian Institution visitors to
    learn about Latino contributions to life, art, history,
    and culture in the United States at its signature
    location on the National Mall; and
    (B) will serve as a gateway for visitors to view
    other Latino exhibitions, collections, and programming
    at other Smithsonian Institution facilities and museums
    throughout the United States and the territories of the
    United States.

    (b) Definitions.--In this section:
    (1) Board of regents.--The term ``Board of Regents'' means
    the Board of Regents of the Smithsonian Institution.
    (2) Board of trustees.--The term ``Board of Trustees'' means
    the Board of Trustees of the National Museum of the American
    Latino as established by subsection (d).
    (3) Director.--The term ``Director'' means the Director of
    the National Museum of the American Latino.
    (4) Museum.--The term ``Museum'' means the National Museum
    of the American Latino established by subsection (c).
    (5) Secretary.--The term ``Secretary'' means the Secretary
    of the Smithsonian Institution.

    (c) Establishment of Museum.--

    [[Page 2279]]

    (1) Establishment.--There is established within the
    Smithsonian Institution a museum to be known as the ``National
    Museum of the American Latino''.
    (2) Purposes.--The purposes of the Museum are--
    (A) to illuminate the story of the United States for
    the benefit of all by featuring Latino contributions;
    and
    (B) to provide for--
    (i) the collection, study, research,
    publication, and establishment of exhibitions and
    programs relating to Latino life, art, history,
    and culture that encompass--
    (I) Latino contributions to the
    early history of what now encompasses
    the United States of America and its
    territories;
    (II) Latino contributions in the
    armed services from the earliest days of
    the American Revolution to current
    military activities in defense of our
    freedoms;
    (III) Latino contributions to the
    freedom, well-being, and economic
    prosperity of all people in the United
    States through historical movements;
    (IV) entrepreneurial and charitable
    activities of Latinos;
    (V) contributions by Latinos to--
    (aa) the social, natural,
    and physical sciences; and
    (bb) art, history, and
    culture, including food, music,
    dance, film, theater, sports,
    and other forms of popular
    culture in the United States;
    and
    (ii) collaboration between the Museum, other
    museums and research centers of the Smithsonian
    Institution, and other museums and educational
    institutions throughout the United States and
    abroad, to promote the study and appreciation of
    Latino life, art, history, culture, and its impact
    on society in the United States, including
    collaboration concerning joint research projects,
    programs, exhibitions, collection management, and
    training of museum staff.

    (d) Board of Trustees.--
    (1) Establishment.--There is established within the
    Smithsonian Institution a Board of Trustees of the Museum with
    the duties, powers, and authority specified in this subsection.
    (2) Duties.--
    (A) In general.--The Board of Trustees--
    (i) shall--
    (I) make recommendations to the
    Board of Regents concerning the
    location, planning, design, and
    construction of the Museum;
    (II) recommend annual operating
    budgets for the Museum to the Board of
    Regents;
    (III) adopt bylaws for the Board of
    Trustees;
    (IV) report annually to the Board of
    Regents on the acquisition, disposition,
    and display of Latino collections,
    objects and artifacts, and on other
    appropriate matters; and

    [[Page 2280]]

    (V) advise and assist the Board of
    Regents on all matters relating to the
    administration, operation, maintenance,
    and preservation of the Museum,
    including long-term maintenance; and
    (ii) may delegate the duties described in
    subclauses (I) through (IV) of clause (i) to the
    Director.
    (B) Principal responsibilities.--Subject to the
    general policies of the Board of Regents, the Board of
    Trustees shall have the sole authority to--
    (i) purchase, accept, borrow, or otherwise
    acquire artifacts and other objects for addition
    to the collections of the Museum;
    (ii) loan, exchange, sell, or otherwise
    dispose of any part of the collections of the
    Museum, with the proceeds of such transactions to
    be used for additions to the collections of the
    Museum; and
    (iii) specify criteria with respect to the use
    of the collections and resources of the Museum,
    including policies on programming, education,
    exhibitions, and research with respect to--
    (I) the life, art, history, culture,
    and other aspects of Latinos in the
    United States and the territories of the
    United States;
    (II) the role of Latinos in the
    history of the United States from the
    arrival of the first explorers to the
    Americas to the present;
    (III) the contributions of Latinos
    to society and culture in the United
    States, and exploring what it means to
    be an American; and
    (IV) sharing how values in the
    United States such as resiliency,
    optimism, and spirituality are reflected
    in Latino history and culture.
    (C) Other responsibilities.--Subject to the general
    policies of the Board of Regents, the Board of Trustees
    shall have authority to--
    (i) provide for preservation, restoration, and
    maintenance of the collections of the Museum; and
    (ii) solicit, accept, use, and dispose of
    gifts, bequests, and devises of personal and real
    property for the purpose of aiding and
    facilitating the work of the Museum.
    (D) Ensuring diversity of political viewpoints in
    exhibits and programs.--In carrying out its duties, the
    Board of Trustees shall ensure that the exhibits and
    programs of the Museum reflect the diversity of the
    political viewpoints held by Latinos of the United
    States on the events and issues relating to the history
    of Latinos in the United States.
    (3) Composition and appointment.--
    (A) In general.--The Board of Trustees shall be
    composed of not more than 19 voting members as provided
    under subparagraph (B).
    (B) Voting members.--The Board of Trustees shall
    include the following voting members:
    (i) The Secretary of the Smithsonian
    Institution.
    (ii) The Under Secretary of Museums and
    Research of the Smithsonian Institution.

    [[Page 2281]]

    (iii) The chair of the Smithsonian National
    Latino Board.
    (iv) One member of the Board of Regents,
    appointed by the Board of Regents.
    (v) Two Members of Congress, one from each
    political party, designated by the Congressional
    Hispanic Caucus and the Congressional Hispanic
    Conference.
    (vi) Thirteen individuals who shall be
    appointed by the Board of Regents after taking
    into consideration--
    (I) efforts to have a politically
    and geographically diverse
    representation on the Board of Trustees
    reflecting States and territories with
    significant Latino populations;
    (II) individuals recommended by
    members of the Board of Trustees; and
    (III) individuals recommended by
    organizations and entities that are
    committed to the advancement of
    knowledge of Latino life, art, history,
    and culture.
    (C) <>  Initial appointments.--The
    Board of Regents shall make initial appointments to the
    Board of Trustees under subparagraph (B) not later than
    180 days after the date of enactment of this Act.
    (4) Terms of service.--
    (A) In general.--Except as provided in this
    paragraph, each appointed member of the Board of
    Trustees shall be appointed for a term of 3 years.
    (B) Initial appointees.--As designated by the Board
    of Regents at the time of appointment, of the voting
    members first appointed under clause (vi) of paragraph
    (3)(B)--
    (i) Five members shall be appointed for a term
    of 1 year;
    (ii) Four members shall be appointed for a
    term of 2 years; and
    (iii) Four members shall be appointed for a
    term of 3 years.
    (C) Reappointment.--A member of the Board of
    Trustees may be reappointed, except that no individual
    may serve on the Board of Trustees for a total of more
    than 2 full terms. For purposes of this subparagraph,
    the number of terms an individual serves on the Board of
    Trustees shall not include any portion of a term for
    which an individual is appointed to fill a vacancy under
    subparagraph (D)(ii).
    (D) Vacancies.--
    (i) In general.--A vacancy on the Board of
    Trustees--
    (I) shall not affect the powers of
    the Board of Trustees; and
    (II) shall be filled in the same
    manner as the original appointment was
    made.
    (ii) Term.--Any member of the Board of
    Trustees appointed to fill a vacancy occurring
    before the expiration of the term for which the
    member's predecessor was appointed shall be
    appointed for the remainder of that term.

    [[Page 2282]]

    (5) Compensation.--
    (A) In general.--Except as provided in subparagraph
    (B), a member of the Board of Trustees shall serve
    without pay.
    (B) Travel expenses.--A member of the Board of
    Trustees shall be allowed travel expenses, including per
    diem in lieu of subsistence, at rates authorized for an
    employee of an agency under subchapter I of chapter 57
    of title 5, United States Code, while away from the home
    or regular place of business of the member in the
    performance of the duties of the Board of Trustees.
    (6) Chairperson.--By a majority vote of its voting members,
    the Board of Trustees shall elect a chairperson from its
    members.
    (7) Meetings.--
    (A) In general.--The Board of Trustees shall meet at
    the call of the chairperson or on the written request of
    a majority of the voting members of the Board of
    Trustees, but not fewer than twice each year.
    (B) Meeting format.--Regularly scheduled meetings
    and special meetings may be conducted in-person,
    telephonically, electronically, or by any means
    appropriate as determined by the chairperson.
    (8) Quorum.--A majority of the voting members of the Board
    of Trustees holding office shall constitute a quorum for the
    purpose of conducting business, but a lesser number may receive
    information on behalf of the Board of Trustees.

    (e) <>  Director and Staff of Museum.--
    (1) Director.--
    (A) In general.--The Museum shall have a Director
    who shall be appointed by the Secretary in consultation
    with Board of Trustees. The Secretary may appoint an
    interim Director to oversee the initial activity of
    establishing the Museum until a permanent Director is
    selected.
    (B) Duties.--The Director shall manage the Museum
    subject to the policies of the Board of Regents and the
    Board of Trustees.
    (2) Staff.--The Secretary may appoint two additional
    employees to serve under the Director, except that such
    additional employees may be appointed without regard to the
    provisions of title 5, United States Code, governing
    appointments in the competitive service.
    (3) Pay.--The employees appointed by the Secretary under
    paragraph (2) may be paid without regard to the provisions of
    chapter 51 and subchapter III of chapter 53 of title 5, United
    States Code, relating to classification of positions and General
    Schedule pay rates.

    (f) Educational and Liaison Programs.--
    (1) In general.--
    (A) Programs authorized.--The Director of the Museum
    may carry out educational and liaison programs in
    support of the goals of the Museum.
    (B) Specific activities.--In carrying out this
    subsection, the Director shall--
    (i) carry out educational programs relating to
    Latino life, art, history, and culture,
    including--

    [[Page 2283]]

    (I) programs using digital,
    electronic, and interactive
    technologies; and
    (II) programs carried out in
    collaboration with elementary schools,
    secondary schools, and postsecondary
    schools; and
    (ii) <>  consult with the
    Director of the Institute of Museum and Library
    Services concerning the grant programs carried out
    under paragraph (2).
    (2) Grant programs.--
    (A) <>  In general.--The
    Director of the Institute of Museum and Library
    Services, in consultation with the Board of Trustees and
    the Director of the Museum, shall establish and carry
    out--
    (i) a grant program with the purpose of
    improving operations, care of collections,
    culturally appropriate public outreach, and
    development of professional management at American
    Latino museums;
    (ii) a grant program with the purpose of
    providing internship and fellowship opportunities
    at American Latino museums;
    (iii) a scholarship program, in partnership
    with Hispanic-serving institutions, minority-
    serving institutions, historically black colleges
    and universities, and other institutions of higher
    education, with the purpose of assisting
    individuals who are pursuing careers or carrying
    out studies in the arts, humanities, and sciences
    in the study of American Latino life, art,
    history, and culture;
    (iv) in cooperation with other museums,
    historical societies, and educational
    institutions, a grant program with the purpose of
    promoting the understanding of the Latin American
    diaspora in the United States; and
    (v) a grant program under which an American
    Latino museum (including a nonprofit education
    organization the primary mission of which is to
    promote the study of the Latin American diaspora
    in the United States) may use funds provided under
    the grant to increase an endowment fund
    established by the museum (or organization) as of
    October 1, 2020, for the purposes of enhancing
    educational programming, and maintaining and
    operating traveling educational exhibits.
    (B) Clarification of treatment of museum.--In this
    paragraph, the term ``American Latino museum'' does not
    include the Museum.
    (C) Authorization of appropriations.--There are
    authorized to be appropriated to the Institute of Museum
    and Library Services to carry out this paragraph--
    (i) $15,000,000 for fiscal year 2021; and
    (ii) such sums as may be necessary for fiscal
    year 2022 and each succeeding fiscal year.

    (g) National Museum of the American Latino Building and Support
    Facilities.--
    (1) In general.--
    (A) Location.--

    [[Page 2284]]

    (i) <>  In general.--Not
    later than 2 years after the date of enactment of
    this Act, the Board of Regents shall designate a
    site for the Museum.
    (ii) <>  Sites
    for consideration.--In designating a site under
    clause (i), the Board of Regents shall--
    (I) select a site in the District of
    Columbia; and
    (II) include the consideration of
    the following sites:
    (aa) The Arts and Industries
    Building of the Smithsonian
    Institution, located on the
    National Mall at 900 Jefferson
    Drive, Southwest, Washington,
    District of Columbia.
    (bb) A vacant area bounded
    by Independence Avenue,
    Jefferson Drive, Raoul
    Wallenberg Place, and 14th
    Street Southwest, currently
    under the jurisdiction of the
    National Park Service.
    (cc) The area bounded by 3rd
    Street and 1st Street, Northwest
    and Constitution Avenue and
    Pennsylvania Avenue, Northwest,
    as measured from curb to curb,
    currently under the jurisdiction
    of the Architect of the Capitol.
    (dd) The facility and
    grounds on the National Mall
    between 12th and 14th Streets,
    Southwest, and Jefferson Drive
    and Independence Avenue,
    Southwest, currently under the
    jurisdiction of the Department
    of Agriculture.
    (iii) Factors considered.--In designating a
    site under clause (i), the Board of Regents shall
    take into consideration each of the following
    factors:
    (I) <>  An
    estimate of the costs associated with
    each potential site.
    (II) <>  An
    assessment of the suitability of the
    space of each potential site, including
    size, proximity to other buildings and
    transportation, and other external
    environmental conditions, as
    appropriate.
    (III) <>
    The recommendations of the Commission
    referred to in subsection (h).
    (iv) Consultation.--The Board of Regents shall
    carry out its duties under this subparagraph in
    consultation with the following:
    (I) The Chair of the National
    Capital Planning Commission.
    (II) The Director of the National
    Park Service.
    (III) The Chair of the National
    Capital Memorial Advisory Commission.
    (IV) The Chair of the Commission of
    Fine Arts.
    (V) The Chair and Vice Chair of the
    Commission referred to in subsection
    (h).
    (VI) The Chair of the Building and
    Site Subcommittee of the Commission
    referred to in subsection (h).
    (VII) The Architect of the Capitol.

    [[Page 2285]]

    (VIII) The Chair and ranking
    minority member of each of the following
    committees:
    (aa) The Committee on Rules
    and Administration of the
    Senate.
    (bb) The Committee on House
    Administration of the House of
    Representatives.
    (cc) The Committee on Energy
    and Natural Resources of the
    Senate.
    (dd) The Committee on
    Natural Resources of the House
    of Representatives.
    (ee) The Committee on
    Transportation and
    Infrastructure of the House of
    Representatives.
    (ff) The Committee on
    Appropriations of the House of
    Representatives.
    (gg) The Committee on
    Appropriations of the Senate.
    (v) Intent of congress.--It is the intent of
    Congress that the Museum be located on or near the
    National Mall, to the maximum extent practicable,
    in accordance with this subsection.
    (B) Size of building.--The building constructed or
    modified to serve as the Museum shall occupy no less
    than the recommended square footage set forth in the
    report submitted by the Commission to Study the
    Potential Creation of a National Museum of the American
    Latino established under section 333 of the Consolidated
    Natural Resources Act of 2008 (Public Law 110-229; 122
    Stat. 784).
    (C) <>  Construction of
    building.--The Board of Regents, in consultation with
    the Board of Trustees and other appropriate Federal and
    local agencies is authorized to prepare plans, design,
    and construct a building or modify an existing building
    for the Museum, which shall be located at the site
    selected by the Board of Regents, in accordance with
    this subsection.
    (2) Site under the jurisdiction of another federal agency.--
    (A) <>  In general.--The Board
    of Regents shall not designate a site for the Museum
    that is under the administrative jurisdiction of another
    Federal agency or entity unless the head of the Federal
    agency or entity submits to each of the committees
    described in paragraph (1)(A)(iv)(VIII) written
    notification stating that the head of the Federal agency
    or entity concurs with locating the Museum on the land
    or in the structure that is under the administrative
    jurisdiction of the Federal agency or entity.
    (B) Transfer.--As soon as practicable after the date
    on which the committees receive the written notification
    described in subparagraph (A), the head of the Federal
    agency or entity shall transfer to the Smithsonian
    Institution administrative jurisdiction over the land or
    structure that has been designated as the site for the
    Museum.
    (3) Cost sharing.--The Board of Regents shall pay--
    (A) 50 percent of the costs of carrying out this
    subsection from Federal funds; and

    [[Page 2286]]

    (B) 50 percent of the costs of carrying out this
    subsection from non-Federal sources.
    (4) Commemorative works act.--Chapter 89 of title 40, United
    States Code, shall not apply with respect to the Museum, except
    that the Museum shall not be located in the Reserve (as defined
    in section 8902(a) of that title).
    (5) Authorization of appropriations.--There are authorized
    to be appropriated such sums as are necessary to carry out this
    subsection.

    (h) Consideration of Recommendations of Commission.--In carrying out
    their duties under this section, the Board of Trustees and the Board of
    Regents shall take into consideration the reports and plans submitted by
    the Commission to Study the Potential Creation of a National Museum of
    the American Latino established under section 333 of the Consolidated
    Natural Resources Act of 2008 (Public Law 110-229; 122 Stat. 784).
    (i) Congressional Budget Act Compliance.--Authority under this
    section to enter into contracts or to make payments shall be effective
    in any fiscal year only to the extent provided in advance in an
    appropriations Act.
    (j) Authorization of Appropriations.--
    (1) In general.--There are authorized to be appropriated to
    the Smithsonian Institution to carry out this section, other
    than subsections (f)(2) and (g)--
    (A) $20,000,000 for fiscal year 2021; and
    (B) such sums as are necessary for each fiscal year
    thereafter.
    (2) Availability.--Amounts appropriated pursuant to the
    authorization of appropriations under paragraph (1) shall remain
    available until expended.
    (3) Use of funds for fundraising.--Amounts appropriated
    pursuant to the authorization under this subsection may be used
    to conduct fundraising in support of the Museum from private
    sources.

    DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

    TITLE <>  I--AI IN GOVERNMENT ACT
    OF 2020
    SEC. 101. <>  SHORT TITLE.

    This title may be cited as the ``AI in Government Act of 2020''.
    SEC. 102. DEFINITIONS.

    In this Act--
    (1) the term ``Administrator'' means the Administrator of
    General Services;
    (2) the term ``agency'' has the meaning given the term in
    section 3502 of title 44, United States Code;
    (3) the term ``AI CoE'' means the AI Center of Excellence
    described in section 103;

    [[Page 2287]]

    (4) the term ``artificial intelligence'' has the meaning
    given the term in section 238(g) of the John S. McCain National
    Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
    note);
    (5) the term ``Director'' means the Director of the Office
    of Management and Budget;
    (6) the term ``institution of higher education'' has the
    meaning given the term in section 101 of the Higher Education
    Act of 1965 (20 U.S.C. 1001); and
    (7) the term ``nonprofit organization'' means an
    organization described in section 501(c)(3)of the Internal
    Revenue Code of 1986 and exempt from taxation under section
    501(a) of that Code.
    SEC. 103. AI CENTER OF EXCELLENCE.

    (a) In General.--There is created within the General Services
    Administration a program to be known as the ``AI Center of Excellence'',
    which shall--
    (1) facilitate the adoption of artificial intelligence
    technologies in the Federal Government;
    (2) improve cohesion and competency in the adoption and use
    of artificial intelligence within the Federal Government; and
    (3) carry out paragraphs (1) and (2) for the purposes of
    benefitting the public and enhancing the productivity and
    efficiency of Federal Government operations.

    (b) Duties.--The duties of the AI CoE shall include--
    (1) regularly convening individuals from agencies, industry,
    Federal laboratories, nonprofit organizations, institutions of
    higher education, and other entities to discuss recent
    developments in artificial intelligence, including the
    dissemination of information regarding programs, pilots, and
    other initiatives at agencies, as well as recent trends and
    relevant information on the understanding, adoption, and use of
    artificial intelligence;
    (2) collecting, aggregating, and publishing on a publicly
    available website information regarding programs, pilots, and
    other initiatives led by other agencies and any other
    information determined appropriate by the Administrator;
    (3) advising the Administrator, the Director, and agencies
    on the acquisition and use of artificial intelligence through
    technical insight and expertise, as needed;
    (4) assist agencies in applying Federal policies regarding
    the management and use of data in applications of artificial
    intelligence;
    (5) consulting with agencies, including the Department of
    Defense, the Department of Commerce, the Department of Energy,
    the Department of Homeland Security, the Office of Management
    and Budget, the Office of the Director of National Intelligence,
    and the National Science Foundation, that operate programs,
    create standards and guidelines, or otherwise fund internal
    projects or coordinate between the public and private sectors
    relating to artificial intelligence;
    (6) advising the Director on developing policy related to
    the use of artificial intelligence by agencies; and

    [[Page 2288]]

    (7) advising the Director of the Office of Science and
    Technology Policy on developing policy related to research and
    national investment in artificial intelligence.

    (c) Staff.--
    (1) In general.--The Administrator shall provide necessary
    staff, resources, and administrative support for the AI CoE.
    (2) Shared staff.--To the maximum extent practicable, the
    Administrator shall meet the requirements described under
    paragraph (1) by using staff of the General Services
    Administration, including those from other agency centers of
    excellence, and detailees, on a reimbursable or nonreimbursable
    basis, from other agencies.
    (3) Fellows.--The Administrator may, to the maximum extent
    practicable, appoint fellows to participate in the AI CoE from
    nonprofit organizations, think tanks, institutions of higher
    education, and industry.

    (d) Sunset.--This section shall cease to be effective on the date
    that is 5 years after the date of enactment of this Act.
    SEC. 104. <>  GUIDANCE FOR AGENCY USE OF
    ARTIFICIAL INTELLIGENCE.

    (a) <>  Guidance.--
    Not later than 270 days after the date of enactment of this Act, the
    Director, in coordination with the Director of the Office of Science and
    Technology Policy in consultation with the Administrator and any other
    relevant agencies and key stakeholders as determined by the Director,
    shall issue a memorandum to the head of each agency that shall--
    (1) inform the development of policies regarding Federal
    acquisition and use by agencies regarding technologies that are
    empowered or enabled by artificial intelligence, including an
    identification of the responsibilities of agency officials
    managing the use of such technology;
    (2) <>  recommend approaches to
    remove barriers for use by agencies of artificial intelligence
    technologies in order to promote the innovative application of
    those technologies while protecting civil liberties, civil
    rights, and economic and national security;
    (3) identify best practices for identifying, assessing, and
    mitigating any discriminatory impact or bias on the basis of any
    classification protected under Federal nondiscrimination laws,
    or any unintended consequence of the use of artificial
    intelligence, including policies to identify data used to train
    artificial intelligence algorithms as well as the data analyzed
    by artificial intelligence used by the agencies; and
    (4) provide a template of the required contents of the
    agency plans described in subsection (c).

    (b) Public Comment.--To help ensure public trust in the applications
    of artificial intelligence technologies, the Director shall issue a
    draft version of the memorandum required under subsection (a) for public
    comment not later than 180 days after date of enactment of this Act.
    (c) <>  Plans.--Not later
    than 180 days after the date on which the Director issues the memorandum
    required under subsection (a) or an update to the memorandum required
    under subsection (d), the head of each agency shall submit to the
    Director and post on a publicly available page on the website of the
    agency--

    [[Page 2289]]

    (1) a plan to achieve consistency with the memorandum; or
    (2) <>  a written determination that
    the agency does not use and does not anticipate using artificial
    intelligence.

    (d) <>  Updates.--Not later than 2 years after
    the date on which the Director issues the memorandum required under
    subsection (a), and every 2 years thereafter for 10 years, the Director
    shall issue updates to the memorandum.
    SEC. 105. <>  UPDATE OF OCCUPATIONAL SERIES FOR
    ARTIFICIAL INTELLIGENCE.

    (a) In General.--Not later than 18 months after the date of
    enactment of this Act, and in accordance with chapter 51 of title 5,
    United States Code, the Director of the Office of Personnel Management
    shall--
    (1) identify key skills and competencies needed for
    positions related to artificial intelligence;
    (2) establish an occupational series, or update and improve
    an existing occupational job series, to include positions the
    primary duties of which relate to artificial intelligence;
    (3) to the extent appropriate, establish an estimate of the
    number of Federal employees in positions related to artificial
    intelligence, by each agency; and
    (4) using the estimate established in paragraph (3), prepare
    a 2-year and 5-year forecast of the number of Federal employees
    in positions related to artificial intelligence that each agency
    will need to employ.

    (b) <>  Plan.--Not later than 120 days after the
    date of enactment of this Act, the Director of the Office of Personnel
    Management shall submit to the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Oversight and
    Reform of the House of Representatives a comprehensive plan with a
    timeline to complete requirements described in subsection (a).

    TITLE II <> --DHS
    OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2019
    SEC. 201. SHORT TITLE.

    This title may be cited as the ``DHS Overseas Personnel Enhancement
    Act of 2019''.
    SEC. 202. OVERSEAS PERSONNEL BRIEFING.

    (a) <>  In General.--Not later than 90 days after
    submission of the comprehensive 3-year strategy required under section
    1910 of the National Defense Authorization Act for Fiscal Year 2017
    (Public Law 114-328) and annually thereafter, the Secretary shall brief
    the Committee on Homeland Security of the House of Representatives and
    the Committee on Homeland Security and Governmental Affairs of the
    Senate regarding Department personnel with primary duties that take
    place outside of the United States.

    (b) Requirements.--The briefings required under subsection (a) shall
    include the following:
    (1) <>  A detailed summary of, and
    deployment schedule for, each type of personnel position with
    primary duties that take

    [[Page 2290]]

    place outside of the United States and how each such position
    contributes to the Department's mission.
    (2) Information related to how the geographic and regional
    placement of such positions contributes to the Department's
    mission.
    (3) Information related to any risk mitigation plans for
    each geographic and regional placement, including to address
    counter-intelligence risks.
    (4) Information regarding the costs of deploying or
    maintaining personnel at each geographic and regional placement,
    including information on any cost-sharing agreement with foreign
    partners to cover a portion or all the costs relating to such
    deployment or maintenance.
    (5) Information on guidance and practices to guard against
    counter-espionage and counter-intelligence threats, including
    cyber threats, associated with Department personnel.
    (6) Information regarding trends in foreign efforts to
    influence such personnel while deployed overseas to contribute
    to the Department's mission.
    (7) Information related to the position-specific training
    received by such personnel before and during placement at a
    foreign location.
    (8) Challenges that may impede the communication of
    counterterrorism information between Department personnel at
    foreign locations and Department entities in the United States,
    including technical, resource, and administrative challenges.
    (9) The status of efforts to implement the strategy referred
    to in subsection (a).
    (10) The status of efforts (beginning with the second
    briefing required under this section) to implement the
    enhancement plan under section 203.
    SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.

    (a) <>  In General.--Not later than 90 days after
    the first briefing required under section 202, the Secretary shall
    submit to the Committee on Homeland Security of the House of
    Representatives and the Committee on Homeland Security and Governmental
    Affairs of the Senate a plan to enhance the effectiveness of Department
    personnel at foreign locations.

    (b) Plan Requirements.--The plan required under subsection (a) shall
    include proposals to--
    (1) improve efforts of Department personnel at foreign
    locations, as necessary, for purposes of providing foreign
    partner capacity development and furthering the Department's
    mission;
    (2) as appropriate, redeploy Department personnel to respond
    to changing threats to the United States, consistent with the
    limits on the resources of the Department;
    (3) enhance collaboration among Department personnel at
    foreign locations, other Federal personnel at foreign locations,
    and foreign partners;
    (4) improve the communication of information between
    Department personnel at foreign locations and Department
    entities in the United States, including to address technical,
    resource, and administrative challenges; and
    (5) maintain practices to guard against counter-espionage
    threats associated with Department personnel.

    [[Page 2291]]

    SEC. 204. TERMINATION.

    The briefing requirement under section 202 shall terminate on the
    date that is 4 years after the submission of the strategy referred to in
    subsection (a) of such section.
    SEC. 205. DEFINITIONS.

    In this Act--
    (1) the term ``Department'' means the Department of Homeland
    Security; and
    (2) the term ``Secretary'' means the Secretary of Homeland
    Security.

    TITLE III <> --SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT
    SEC. 301. <>  SHORT TITLE.

    This title may be cited as the ``Synthetic Opioid Exposure
    Prevention and Training Act''.
    SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE
    WITHIN U.S. CUSTOMS AND BORDER
    PROTECTION.

    (a) In General.--Subtitle B of title IV of the Homeland Security Act
    of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after section 415
    the following new section:
    ``SEC. 416. <>  PROTECTION AGAINST POTENTIAL
    SYNTHETIC OPIOID EXPOSURE.

    ``(a) <>  In General.--The Commissioner of U.S.
    Customs and Border Protection shall issue a policy that specifies
    effective protocols and procedures for the safe handling of potential
    synthetic opioids, including fentanyl, by U.S. Customs and Border
    Protection officers, agents, other personnel, and canines, and to reduce
    the risk of injury or death resulting from accidental exposure and
    enhance post-exposure management.

    ``(b) Training.--
    ``(1) <>  In general.--Together with the
    issuance of the policy described in subsection (a), the
    Commissioner of U.S. Customs and Border Protection shall require
    mandatory and recurrent training on the following:
    ``(A) The potential risk of opioid exposure and safe
    handling procedures for potential synthetic opioids,
    including precautionary measures such as the use of
    personal protective equipment during such handling.
    ``(B) How to access and administer opioid receptor
    antagonists, including naloxone, post-exposure to
    potential synthetic opioids.
    ``(2) Integration.--The training described in paragraph (1)
    may be integrated into existing training under section 411(l)
    for U.S. Customs and Border Protection officers, agents, and
    other personnel.

    ``(c) Personal Protective Equipment and Opioid Receptor
    Antagonists.--Together with the issuance of the policy described in
    subsection (a), the Commissioner of U.S. Customs and Border Protection
    shall ensure the availability of personal protective equipment and
    opioid receptor antagonists, including naloxone, to all

    [[Page 2292]]

    U.S. Customs and Border Protection officers, agents, other personnel,
    and canines at risk of accidental exposure to synthetic opioids.
    ``(d) Oversight.--To ensure effectiveness of the policy described in
    subsection (a)--
    ``(1) the Commissioner of U.S. Customs and Border Protection
    shall regularly monitor the efficacy of the implementation of
    such policy and adjust protocols and procedures, as necessary;
    and
    ``(2) <>  the Inspector General
    of the Department shall audit compliance with the requirements
    of this section not less than once during the 3-year period
    after the date of the enactment of this section.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 is amended by inserting after the item
    relating to section 415 the following new item:

    ``Sec. 416. Protection against potential synthetic opioid exposure.''.

    TITLE IV-- <> CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020
    SEC. 401. <>  SHORT TITLE.

    This title may be cited as the ``Construction Consensus Procurement
    Improvement Act of 2020''.
    SEC. 402. <>  PROHIBITION ON USE OF A
    REVERSE AUCTION FOR THE AWARD OF A
    CONTRACT FOR DESIGN AND CONSTRUCTION
    SERVICES.

    (a) Finding.--Congress finds that, in contrast to a traditional
    auction in which the buyers bid up the price, sellers bid down the price
    in a reverse auction.
    (b) <>  Prohibition.--Not later than 180 days after
    the date of the enactment of this Act, the Federal Acquisition
    Regulation shall be amended to prohibit the use of reverse auctions for
    awarding contracts for design and construction services.

    (c) Definitions.--In this section:
    (1) The term ``design and construction services'' means--
    (A) site planning and landscape design;
    (B) architectural and engineering services (as
    defined in section 1102 of title 40, United States
    Code);
    (C) interior design;
    (D) performance of substantial construction work for
    facility, infrastructure, and environmental restoration
    projects;
    (E) delivery and supply of construction materials to
    construction sites; or
    (F) construction or substantial alteration of public
    buildings or public works.
    (2) The term ``reverse auction'' means, with respect to any
    procurement by an executive agency--
    (A) a real-time auction conducted through an
    electronic medium among 2 or more offerors who compete
    by submitting bids for a supply or service contract, or
    a delivery

    [[Page 2293]]

    order, task order, or purchase order under the contract,
    with the ability to submit revised lower bids at any
    time before the closing of the auction; and
    (B) the award of the contract, delivery order, task
    order, or purchase order to the offeror is solely based
    on the price obtained through the auction process.

    TITLE V--OVERSIGHT.GOV

    SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV;
    AUTHORIZATION OF FUNDS.

    (a) In General.--Section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.) is amended by adding at the end the following:
    ``(e) Oversight.gov.--
    ``(1) Definition.--In this subsection, the term `Office of
    Inspector General' means the Office of--
    ``(A) an Inspector General described in subparagraph
    (A), (B), or (I) of subsection (b)(1);
    ``(B) the Special Inspector General for Afghanistan
    Reconstruction established under section 1229 of the
    National Defense Authorization Act for Fiscal Year 2008
    (Public Law 110-181; 122 Stat. 379);
    ``(C) the Special Inspector General for the Troubled
    Asset Relief Plan established under section 121 of title
    I of the Emergency Economic Stabilization Act of 2008
    (12 U.S.C. 5231); and
    ``(D) the Special Inspector General for Pandemic
    Recovery established under section 4018 of the CARES Act
    (15 U.S.C. 9053).
    ``(2) Establishment.--The Council shall establish and
    maintain a website entitled `oversight.gov'--
    ``(A) to consolidate all public reports from each
    Office of Inspector General to improve the access of the
    public to any audit report, inspection report, or
    evaluation report (or portion of any such report) made
    by an Office of Inspector General; and
    ``(B) that shall include any additional resources,
    information, and enhancements as the Council determines
    are necessary or desirable.
    ``(3) Participation of offices of inspectors general.--Each
    Office <> of Inspector General that publishes an
    audit report, inspection report, or evaluation report (or
    portion of any such report) on the website of the Office of
    Inspector General shall, or in the case of the office of an
    Inspector General described in subparagraph (I) of subsection
    (b)(1) may, contemporaneously publish the report or portion
    thereof on oversight.gov in a manner prescribed by the
    Council.''.

    (b) Authorization of Appropriations.--For the purposes of carrying
    out the mission of the Council of the Inspectors General on Integrity
    and Efficiency under section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.), as amended by subsection (a), there are authorized to be
    appropriated into the revolving fund described in subsection (c)(3)(B)
    of such section $3,500,000 for fiscal year 2021, to remain available
    until expended, to carry out the duties and functions of the Council.

    [[Page 2294]]

    (c) <>  Effective Date.--This Act and the
    amendments made by this Act shall take effect on the date that is 30
    days after the date of receipt by the Council of the Inspectors General
    on Integrity and Efficiency of an appropriation for the implementation
    of this Act.

    TITLE VI <> --COUNTER
    THREATS ADVISORY BOARD ACT OF 2019
    SEC. 601. <>  SHORT TITLE.

    This title may be cited as the ``Counter Threats Advisory Board Act
    of 2019''.
    SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS ADVISORY
    BOARD.

    (a) In General.--Subtitle A of title II of the Homeland Security Act
    of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after section
    210E the following:
    ``SEC. 210F. <>  DEPARTMENTAL COORDINATION ON
    COUNTER THREATS.

    ``(a) <>  Establishment.--There is authorized in
    the Department, for a period of 2 years beginning after the date of
    enactment of this section, a Counter Threats Advisory Board (in this
    section referred to as the `Board') which shall--
    ``(1) be composed of senior representatives of departmental
    operational components and headquarters elements; and
    ``(2) <>  coordinate departmental
    intelligence activities and policy and information related to
    the mission and functions of the Department that counter
    threats.

    ``(b) Charter.--There shall be a charter to govern the structure and
    mission of the Board, which shall--
    ``(1) direct the Board to focus on the current threat
    environment and the importance of aligning departmental
    activities to counter threats under the guidance of the
    Secretary; and
    ``(2) be reviewed and updated as appropriate.

    ``(c) Members.--
    ``(1) In general.--The Board shall be composed of senior
    representatives of departmental operational components and
    headquarters elements.
    ``(2) Chair.--The Under Secretary for Intelligence and
    Analysis shall serve as the Chair of the Board.
    ``(3) <>  Members.--The Secretary shall
    appoint additional members of the Board from among the
    following:
    ``(A) The Transportation Security Administration.
    ``(B) U.S. Customs and Border Protection.
    ``(C) U.S. Immigration and Customs Enforcement.
    ``(D) The Federal Emergency Management Agency.
    ``(E) The Coast Guard.
    ``(F) U.S. Citizenship and Immigration Services.
    ``(G) The United States Secret Service.
    ``(H) The Cybersecurity and Infrastructure Security
    Agency.
    ``(I) The Office of Operations Coordination.
    ``(J) The Office of the General Counsel.
    ``(K) The Office of Intelligence and Analysis.
    ``(L) The Office of Strategy, Policy, and Plans.

    [[Page 2295]]

    ``(M) The Science and Technology Directorate.
    ``(N) The Office for State and Local Law
    Enforcement.
    ``(O) The Privacy Office.
    ``(P) The Office for Civil Rights and Civil
    Liberties.
    ``(Q) <>  Other departmental
    offices and programs as determined appropriate by the
    Secretary.

    ``(d) Meetings.--The Board shall--
    ``(1) meet on a regular basis to discuss intelligence and
    coordinate ongoing threat mitigation efforts and departmental
    activities, including coordination with other Federal, State,
    local, tribal, territorial, and private sector partners; and
    ``(2) <>  make recommendations to
    the Secretary.

    ``(e) Terrorism Alerts.--The Board shall advise the Secretary on the
    issuance of terrorism alerts under section 203.
    ``(f) Prohibition on Additional Funds.--No additional funds are
    authorized to carry out this section.''.
    (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
    116 Stat. 2135) is amended by inserting after the item relating to
    section 210E the following:

    ``Sec. 210F. Departmental coordination on counter threats.''.

    (c) Report.--Not later than 90 days after the date of enactment of
    this Act, the Secretary of Homeland Security, acting through the Chair
    of the Counter Threats Advisory Board established under section 210F of
    the Homeland Security Act of 2002, as added by subsection (a), shall
    submit to the Committee on Homeland Security and Governmental Affairs of
    the Senate and the Committee on Homeland Security of the House of
    Representatives a report on the status and activities of the Counter
    Threats Advisory Board.
    (d) <>  Notice.--The Secretary
    of Homeland Security shall provide written notification to and brief the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Homeland Security of the House of Representatives
    on any changes to or introductions of new mechanisms to coordinate
    threats across the Department of Homeland Security.

    TITLE VII <> --DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT
    SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR
    ACT.

    (a) <>  Short Title.--This title may be cited
    as the ``DHS Countering Unmanned Aircraft Systems Coordinator Act''.

    (b) Countering Unmanned Aircraft Systems Coordinator.--
    (1) In general.--Title III of the Homeland Security Act of
    2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
    following new section:
    ``SEC. <>  321. COUNTERING UNMANNED AIRCRAFT
    SYSTEMS COORDINATOR.

    ``(a) Coordinator.--

    [[Page 2296]]

    ``(1) <>  In general.--The Secretary
    shall designate an individual in a Senior Executive Service
    position (as defined in section 3132 of title 5, United States
    Code) of the Department within the Office of Strategy, Policy,
    and Plans as the Countering Unmanned Aircraft Systems
    Coordinator (in this section referred to as the `Coordinator')
    and provide appropriate staff to carry out the responsibilities
    of the Coordinator.
    ``(2) Responsibilities.--The Coordinator shall--
    ``(A) oversee and coordinate with relevant
    Department offices and components, including the Office
    of Civil Rights and Civil Liberties and the Privacy
    Office, on the development of guidance and regulations
    to counter threats associated with unmanned aircraft
    systems (in this section referred to as `UAS') as
    described in section 210G;
    ``(B) promote research and development of counter
    UAS technologies in coordination within the Science and
    Technology Directorate;
    ``(C) coordinate with the relevant components and
    offices of the Department, including the Office of
    Intelligence and Analysis, to ensure the sharing of
    information, guidance, and intelligence relating to
    countering UAS threats, counter UAS threat assessments,
    and counter UAS technology, including the retention of
    UAS and counter UAS incidents within the Department;
    ``(D) serve as the Department liaison, in
    coordination with relevant components and offices of the
    Department, to the Department of Defense, Federal,
    State, local, and Tribal law enforcement entities, and
    the private sector regarding the activities of the
    Department relating to countering UAS;
    ``(E) maintain the information required under
    section 210G(g)(3); and
    ``(F) carry out other related counter UAS
    authorities and activities under section 210G, as
    directed by the Secretary.

    ``(b) Coordination With Applicable Federal Laws.--The Coordinator
    shall, in addition to other assigned duties, coordinate with relevant
    Department components and offices to ensure testing, evaluation, or
    deployment of a system used to identify, assess, or defeat a UAS is
    carried out in accordance with applicable Federal laws.
    ``(c) Coordination With Private Sector.--The Coordinator shall,
    among other assigned duties, working with the Office of Partnership and
    Engagement and other relevant Department offices and components, or
    other Federal agencies, as appropriate, serve as the principal
    Department official responsible for sharing to the private sector
    information regarding counter UAS technology, particularly information
    regarding instances in which counter UAS technology may impact lawful
    private sector services or systems.''.
    (2) Technical and conforming amendment.--The table of
    contents in section 1(b) of the Homeland Security Act of 2002
    (Public Law 107-296; 116 Stat. 2135) is amended by inserting
    after the item relating to section 320 the following:

    ``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.

    [[Page 2297]]

    TITLE VIII--WHISTLEBLOWER PROTECTION

    SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE
    EMPLOYEES.

    Section 4712 of title 41, United States Code, is amended--
    (1) in subsection (a)(2)(G), by striking ``or grantee'' and
    inserting ``grantee, or subgrantee'';
    (2) in subsection (a)(3)(A), by striking ``contractor,
    subcontractor, or grantee'' and inserting ``contractor,
    subcontractor, grantee, or subgrantee'';
    (3) in subsection (b)(1), by striking ``contractor or
    grantee'' and inserting ``contractor, subcontractor, grantee, or
    subgrantee'';
    (4) in subsection (c), by striking ``contractor or grantee''
    each place it appears and inserting ``contractor, subcontractor,
    grantee, or subgrantee'';
    (5) in subsection (d), by striking ``and grantees'' and
    inserting ``grantees, and subgrantees''; and
    (6) in subsection (f), by striking ``or grantee'' each place
    it appears and inserting ``grantee, or subgrantee''.

    TITLE IX <> --
    DOTGOV ACT OF 2020
    SEC. 901. <>  SHORT TITLE.

    This title may be cited as the ``DOTGOV Online Trust in Government
    Act of 2020'' or the ``DOTGOV Act of 2020''.
    SEC. 902. <>  FINDINGS.

    Congress finds that--
    (1) the .gov internet domain reflects the work of United
    States innovators in inventing the internet and the role that
    the Federal Government played in guiding the development and
    success of the early internet;
    (2) the .gov internet domain is a unique resource of the
    United States that reflects the history of innovation and global
    leadership of the United States;
    (3) when online public services and official communications
    from any level and branch of government use the .gov internet
    domain, they are easily recognized as official and difficult to
    impersonate;
    (4) the citizens of the United States deserve online public
    services that are safe, recognizable, and trustworthy;
    (5) the .gov internet domain should be available at no cost
    or a negligible cost to any Federal, State, local, or
    territorial government-operated or publicly controlled entity,
    including any Tribal government recognized by the Federal
    Government or a State government, for use in their official
    services, operations, and communications;
    (6) the .gov internet domain provides a critical service to
    those Federal, State, local, Tribal, and territorial
    governments; and
    (7) the .gov internet domain should be operated
    transparently and in the spirit of public accessibility,
    privacy, and security.

    [[Page 2298]]

    SEC. 903. <>  DEFINITIONS.

    In this Act--
    (1) the term ``Administrator'' means the Administrator of
    General Services;
    (2) the term ``agency'' has the meaning given the term in
    section 3502 of title 44, United States Code;
    (3) the term ``Director'' means the Director of the
    Cybersecurity and Infrastructure Security Agency;
    (4) the term ``online service'' means any internet-facing
    service, including a website, email, a virtual private network,
    or a custom application; and
    (5) the term ``State'' means any State of the United States,
    the District of Columbia, the Commonwealth of Puerto Rico, the
    Virgin Islands, Guam, American Samoa, the Commonwealth of the
    Northern Mariana Islands, and any possession of the United
    States.
    SEC. 904. <>  DUTIES OF DEPARTMENT OF
    HOMELAND SECURITY.

    (a) Purpose.--The purpose of the .gov internet domain program is
    to--
    (1) legitimize and enhance public trust in government
    entities and their online services;
    (2) facilitate trusted electronic communication and
    connections to and from government entities;
    (3) provide simple and secure registration of .gov internet
    domains;
    (4) improve the security of the services hosted within these
    .gov internet domains, and of the .gov namespace in general; and
    (5) enable the discoverability of government services to the
    public and to domain registrants.

    (b) Duties and Authorities Relating to the .gov Internet Domain.--
    (1) In general.--Subtitle A of title XXII of the Homeland
    Security Act (6 U.S.C. 651 et seq.) is amended--
    (A) in section 2202(c) (6 U.S.C. 652(c))--
    (i) in paragraph (10), by striking ``and'' at
    the end;
    (ii) by redesignating paragraph (11) as
    paragraph (12); and
    (iii) by inserting after paragraph (10) the
    following:
    ``(11) carry out the duties and authorities relating to the
    .gov internet domain, as described in section 2215; and''; and
    (B) by adding at the end the following:
    ``SEC. 2215. <>  DUTIES AND AUTHORITIES RELATING
    TO .GOV INTERNET DOMAIN.

    ``(a) Definition.--In this section, the term `agency' has the
    meaning given the term in section 3502 of title 44, United States Code.
    ``(b) Availability of .gov Internet Domain.--The Director shall make
    .gov internet domain name registration services, as well as any
    supporting services described in subsection (e), generally available--
    ``(1) to any Federal, State, local, or territorial
    government entity, or other publicly controlled entity,
    including any Tribal government recognized by the Federal
    Government or a State

    [[Page 2299]]

    government, that complies with the requirements for registration
    developed by the Director as described in subsection (c);
    ``(2) without conditioning registration on the sharing of
    any information with the Director or any other Federal entity,
    other than the information required to meet the requirements
    described in subsection (c); and
    ``(3) without conditioning registration on participation in
    any separate service offered by the Director or any other
    Federal entity.

    ``(c) <>
    Requirements.--The Director, with the approval of the Director of the
    Office of Management and Budget for agency .gov internet domain
    requirements and in consultation with the Director of the Office of
    Management and Budget for .gov internet domain requirements for entities
    that are not agencies, shall establish and publish on a publicly
    available website requirements for the registration and operation of
    .gov internet domains sufficient to--
    ``(1) minimize the risk of .gov internet domains whose names
    could mislead or confuse users;
    ``(2) establish that .gov internet domains may not be used
    for commercial or political campaign purposes;
    ``(3) ensure that domains are registered and maintained only
    by authorized individuals; and
    ``(4) limit the sharing or use of any information obtained
    through the administration of the .gov internet domain with any
    other Department component or any other agency for any purpose
    other than the administration of the .gov internet domain, the
    services described in subsection (e), and the requirements for
    establishing a .gov inventory described in subsection (h).

    ``(d) Executive Branch.--
    ``(1) <>  In general.--The Director of
    the Office of Management and Budget shall establish applicable
    processes and guidelines for the registration and acceptable use
    of .gov internet domains by agencies.
    ``(2) Approval required.--The Director shall obtain the
    approval of the Director of the Office of Management and Budget
    before registering a .gov internet domain name for an agency.
    ``(3) Compliance.--Each agency shall ensure that any website
    or digital service of the agency that uses a .gov internet
    domain is in compliance with the 21st Century IDEA Act (44
    U.S.C. 3501 note) and implementation guidance issued pursuant to
    that Act.

    ``(e) Supporting Services.--
    ``(1) In general.--The Director may provide services to the
    entities described in subsection (b)(1) specifically intended to
    support the security, privacy, reliability, accessibility, and
    speed of registered .gov internet domains.
    ``(2) Rule of construction.--Nothing in paragraph (1) shall
    be construed to--
    ``(A) limit other authorities of the Director to
    provide services or technical assistance to an entity
    described in subsection (b)(1); or
    ``(B) establish new authority for services other
    than those the purpose of which expressly supports the
    operation of .gov internet domains and the needs of .gov
    internet domain registrants.

    [[Page 2300]]

    ``(f) Fees.--
    ``(1) In general.--The Director may provide any service
    relating to the availability of the .gov internet domain
    program, including .gov internet domain name registration
    services described in subsection (b) and supporting services
    described in subsection (e), to entities described in subsection
    (b)(1) with or without reimbursement, including variable
    pricing.
    ``(2) Limitation.--The total fees collected for new .gov
    internet domain registrants or annual renewals of .gov internet
    domains shall not exceed the direct operational expenses of
    improving, maintaining, and operating the .gov internet domain,
    .gov internet domain services, and .gov internet domain
    supporting services.

    ``(g) Consultation.--The Director shall consult with the Director of
    the Office of Management and Budget, the Administrator of General
    Services, other civilian Federal agencies as appropriate, and entities
    representing State, local, Tribal, or territorial governments in
    developing the strategic direction of the .gov internet domain and in
    establishing requirements under subsection (c), in particular on matters
    of privacy, accessibility, transparency, and technology modernization.
    ``(h) .gov Inventory.--
    ``(1) In general.--The Director shall, on a continuous
    basis--
    ``(A) inventory all hostnames and services in active
    use within the .gov internet domain; and
    ``(B) provide the data described in subparagraph (A)
    to domain registrants at no cost.
    ``(2) Requirements.--In carrying out paragraph (1)--
    ``(A) data may be collected through analysis of
    public and non-public sources, including commercial data
    sets;
    ``(B) the Director shall share with Federal and non-
    Federal domain registrants all unique hostnames and
    services discovered within the zone of their registered
    domain;
    ``(C) the Director shall share any data or
    information collected or used in the management of the
    .gov internet domain name registration services relating
    to Federal executive branch registrants with the
    Director of the Office of Management and Budget for the
    purpose of fulfilling the duties of the Director of the
    Office of Management and Budget under section 3553 of
    title 44, United States Code;
    ``(D) <>
    the Director shall publish on a publicly available
    website discovered hostnames that describe publicly
    accessible agency websites, to the extent consistent
    with the security of Federal information systems but
    with the presumption of disclosure;
    ``(E) <>
    the Director may publish on a publicly available website
    any analysis conducted and data collected relating to
    compliance with Federal mandates and industry best
    practices, to the extent consistent with the security of
    Federal information systems but with the presumption of
    disclosure; and
    ``(F) the Director shall--
    ``(i) collect information on the use of
    non-.gov internet domain suffixes by agencies for
    their official online services;

    [[Page 2301]]

    ``(ii) collect information on the use of
    non-.gov internet domain suffixes by State, local,
    Tribal, and territorial governments; and
    ``(iii) <>  publish the information collected
    under clause (i) on a publicly available website
    to the extent consistent with the security of the
    Federal information systems, but with the
    presumption of disclosure.
    ``(3) National security coordination.--
    ``(A) In general.--In carrying out this subsection,
    the Director shall inventory, collect, and publish
    hostnames and services in a manner consistent with the
    protection of national security information.
    ``(B) Limitation.--The Director may not inventory,
    collect, or publish hostnames or services under this
    subsection if the Director, in coordination with other
    heads of agencies, as appropriate, determines that the
    collection or publication would--
    ``(i) disrupt a law enforcement investigation;
    ``(ii) endanger national security or
    intelligence activities;
    ``(iii) impede national defense activities or
    military operations; or
    ``(iv) hamper security remediation actions.
    ``(4) <>  Strategy.--Not later than 180
    days after the date of enactment of this section, the Director
    shall develop and submit to the Committee on Homeland Security
    and Governmental Affairs and the Committee on Rules and
    Administration of the Senate and the Committee on Homeland
    Security, the Committee on Oversight and Reform, and the
    Committee on House Administration of the House of
    Representatives a strategy to utilize the information collected
    under this subsection for countering malicious cyber
    activity.''.
    (2) Additional duties.--

    (A) <>
    Outreach strategy.--Not later than 1 year after the date
    of enactment of this Act, the Director, in consultation
    with the Administrator and entities representing State,
    local, Tribal, or territorial governments, shall develop
    and submit to the Committee on Homeland Security and
    Governmental Affairs and the Committee on Rules and
    Administration of the Senate and the Committee on
    Homeland Security, the Committee on Oversight and
    Reform, and the Committee on House Administration of the
    House of Representatives an outreach strategy to local,
    Tribal, and territorial governments and other publicly
    controlled entities as determined by the Director to
    inform and support migration to the .gov internet
    domain, which shall include--
    (i) stakeholder engagement plans; and
    (ii) information on how migrating information
    technology systems to the .gov internet domain is
    beneficial to that entity, including benefits
    relating to cybersecurity and the supporting
    services offered by the Federal Government.
    (B) <>  Reference
    guide.--Not later than 1 year after the date of
    enactment of this Act, the Director, in consultation
    with the Administrator and entities representing State,
    local, Tribal, or territorial governments, shall develop
    and

    [[Page 2302]]

    publish on a publicly available website a reference
    guide for migrating online services to the .gov internet
    domain, which shall include--
    (i) process and technical information on how
    to carry out a migration of common categories of
    online services, such as web and email services;
    (ii) best practices for cybersecurity
    pertaining to registration and operation of a .gov
    internet domain; and
    (iii) references to contract vehicles and
    other private sector resources vetted by the
    Director that may assist in performing the
    migration.
    (C) <>  Security
    enhancement plan.--Not later than 1 year after the date
    of enactment of this Act, the Director shall develop and
    submit to the Committee on Homeland Security and
    Governmental Affairs and the Committee on Rules and
    Administration of the Senate and the Committee on
    Homeland Security, the Committee on Oversight and
    Reform, and the Committee on House Administration of the
    House of Representatives a .gov internet domain security
    enhancement strategy and implementation plan on how to
    improve the cybersecurity benefits of the .gov internet
    domain during the 5-year period following the date of
    enactment of this Act, which shall include--
    (i) a modernization plan for the information
    systems that support operation of the .gov top-
    level internet domain, such as the registrar
    portal, and how these information systems will
    remain current with evolving security trends;
    (ii) a modernization plan for the structure of
    the .gov program and any supporting contracts, and
    how the program and contracts can remain flexible
    over time so as to take advantage of emerging
    technology and cybersecurity developments; and
    (iii) an outline of specific security
    enhancements the .gov program intends to provide
    to users during that 5-year period.
    (3) Technical and conforming amendment.--The table of
    contents in section 1(b) of the Homeland Security Act of 2002
    (Public Law 107-196; 116 Stat. 2135) is amended by inserting
    after the item relating to section 2214 the following:

    ``Sec. 2215. Duties and authorities relating to .gov internet domain.''.

    (c) Homeland Security Grants.--Section 2008(a) of the Homeland
    Security Act of 2002 (6 U.S.C. 609(a)) is amended--
    (1) in paragraph (13), by striking ``and'' at the end;
    (2) by redesignating paragraph (14) as paragraph (15); and
    (3) by inserting after paragraph (13) the following:
    ``(14) migrating any online service (as defined in section 3
    of the DOTGOV Online Trust in Government Act of 2020) to the
    .gov internet domain; and''.
    SEC. 905. REPORT.

    Not later than 1 year after the date of enactment of this Act, and
    every 2 years thereafter for 4 years, the Director shall submit a report
    to or conduct a detailed briefing for the Committee

    [[Page 2303]]

    on Homeland Security and Governmental Affairs and the Committee on Rules
    and Administration of the Senate and the Committee on Homeland Security,
    the Committee on Oversight and Reform, and the Committee on House
    Administration of the House of Representatives on the status of--
    (1) the outreach strategy described in section 904(b)(2)(A);
    (2) the security enhancement strategy and implementation
    plan described in section 904(b)(2)(C);
    (3) the inventory described in 2215(f) of the Homeland
    Security Act of 2002, as added by section 904(b) of this Act;
    (4) the supporting services described in section 2215(c)(1)
    of the Homeland Security Act of 2002, as added by section 904(b)
    of this Act; and
    (5) the development, assessment, and determination of the
    amount of any fees imposed on new .gov internet domain
    registrants or annual renewals of .gov internet domains in
    accordance with section 2215(d) of the Homeland Security Act of
    2002, as added by section 904(b) of this Act.
    SEC. 906. <>  RESEARCH AND DEVELOPMENT.

    Not later than 1 year after the date of enactment of this Act, the
    Under Secretary for Science and Technology of the Department shall
    conduct a study and submit to the Director a report on mechanisms for
    improving the cybersecurity benefits of the .gov internet domain,
    including--
    (1) how information systems support operation of the .gov
    top-level internet domain, such as the registrar portal, and how
    these information systems can remain current with evolving
    security trends;
    (2) how the structure of the .gov internet domain program
    can take advantage of emerging technology and cybersecurity
    developments; and
    (3) additional mechanisms to improve the cybersecurity of
    the .gov internet domain.
    SEC. 907. <>  TRANSITION.

    (a) There shall be transferred to the Director the .gov internet
    domain program, as operated by the General Services Administration under
    title 41, Code of Federal Regulations, on the date on which the Director
    begins operational administration of the .gov internet domain program,
    in accordance with subsection (c).
    (b) <>  Not later than 30 days after the date of
    enactment of this Act, the Director shall submit a plan for the
    operational and contractual transition of the .gov internet domain
    program to the Committee on Homeland Security and Governmental Affairs
    and the Committee on Rules and Administration of the Senate and the
    Committee on Homeland Security, the Committee on Oversight and Reform,
    and the Committee on House Administration of the House of
    Representatives.

    (c) Not later than 120 days after the date of enactment of this Act,
    the Director shall begin operationally administering the .gov internet
    domain program, and shall publish on a publicly available website the
    requirements for domain registrants as described in section 2215(b) of
    the Homeland Security Act of 2002, as added by section 904(b) of this
    Act.
    (d) On the date on which the Director begins operational
    administration of the .gov internet domain program, in accordance

    [[Page 2304]]

    with subsection (c), the Administrator shall rescind the requirements in
    part 102-173 of title 41, Code of Federal Regulations.
    (e) <>  During the 5-year period beginning on
    the date of enactment of this Act, any fee charged to entities that are
    not agencies for new .gov internet domain registrants or annual renewals
    of .gov internet domains shall be not more than the amount of the fee
    charged for such registration or renewal as of October 1, 2019.

    TITLE X <> --REAL ID MODERNIZATION ACT
    SEC. 1001. REAL ID MODERNIZATION.

    (a) <>  Short Title.--This title may be
    cited as the ``REAL ID Modernization Act''.

    (b) REAL ID Act Amendments.--
    (1) Definitions.--Section 201 of the REAL ID Act of 2005
    (division B of Public Law 109-13; 49 U.S.C. 30301 note) is
    amended--
    (A) in paragraph (1)--
    (i) by striking ``The term `driver's license'
    means'' and inserting the following: ``The term
    `driver's license'--
    ``(A) means''; and
    (ii) by striking ``Code.'' and inserting the
    following: ``Code; and
    ``(B) includes driver's licenses stored or accessed
    via electronic means, such as mobile or digital driver's
    licenses, which have been issued in accordance with
    regulations prescribed by the Secretary.''; and
    (B) in paragraph (2)--
    (i) by striking ``The term `identification
    card' means'' and inserting the following: ``The
    term `identification card'--
    ``(A) means''; and
    (ii) by striking ``State.'' and inserting the
    following: ``State; and
    ``(B) includes identification cards stored or
    accessed via electronic means, such as mobile or digital
    identification cards, which have been issued in
    accordance with regulations prescribed by the
    Secretary.''.
    (2) Minimum requirements for federal recognition.--Section
    202 of the REAL ID Act of 2005 (division B of Public Law 109-13;
    49 U.S.C. 30301 note) is amended--
    (A) in the section heading, by striking
    ``document'';
    (B) in subsection (a)--
    (i) in paragraph (2), by striking ``, in
    consultation with the Secretary of
    Transportation,''; and
    (ii) by adding at the end the following:
    ``(3) Limitation.--The presentation of digital information
    from a mobile or digital driver's license or identification card
    to an official of a Federal agency for an official purpose may
    not be construed to grant consent for such Federal agency to
    seize the electronic device on which the license or card is
    stored or to examine any other information contained on such
    device.'';
    (C) in subsection (b)--

    [[Page 2305]]

    (i) in the subsection heading, by striking
    ``Document'' and inserting ``Driver's License and
    Identification Card'';
    (ii) in the matter preceding paragraph (1), by
    inserting ``, or as part of,'' after ``features
    on'';
    (iii) in paragraph (5), by inserting ``, which
    may be the photograph taken by the State at the
    time the person applies for a driver's license or
    identification card or may be a digital photograph
    of the person that is already on file with the
    State'' before the period at the end;
    (iv) in paragraph (6), by striking
    ``principle'' and inserting ``principal''; and
    (v) in paragraph (8)--
    (I) by striking ``Physical
    security'' and inserting ``Security'';
    and
    (II) by striking ``document'' and
    inserting ``driver's license or
    identification card'';
    (D) in subsection (c)--
    (i) in paragraph (1)(C), by striking ``Proof
    of the'' and inserting ``The'';
    (ii) by redesignating paragraph (3) as
    paragraph (4);
    (iii) by inserting after paragraph (2) the
    following:
    ``(3) Electronic presentation of identity and lawful status
    information.--A State may accept information required under
    paragraphs (1) and (2) through the use of electronic
    transmission methods if--
    ``(A) <>  the Secretary issues
    regulations regarding such electronic transmission
    that--
    ``(i) describe the categories of information
    eligible for electronic transmission; and
    ``(ii) include measures--
    ``(I) to ensure the authenticity of
    the information transmitted;
    ``(II) to protect personally
    identifiable information; and
    ``(III) to detect and prevent
    identity fraud; and
    ``(B) <>  the State certifies
    to the Department of Homeland Security that its use of
    such electronic methods complies with regulations issued
    by the Secretary.''; and
    (iv) in paragraph (4)(A), as redesignated, by
    striking ``each document'' and inserting ``the
    information and documentation''; and
    (E) in subsection (d)--
    (i) in paragraph (7), by striking ``document
    materials and papers'' and inserting ``materials,
    records, and data'';
    (ii) in paragraph (8), by striking ``security
    clearance requirements'' and inserting
    ``background checks''; and
    (iii) in paragraph (9), by striking
    ``fraudulent document recognition'' and inserting
    ``fraud detection and prevention''.
    (3) Repeal of grants to states.--The REAL ID Act of 2005
    (division B of Public Law 109-13; 49 U.S.C. 30301 note) is
    amended by striking section 204.

    [[Page 2306]]

    (4) Notification of real id act of 2005 requirements.--The
    REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
    30301 note) is amended by adding at the end the following:
    ``SEC. 208. <>  NOTIFICATION OF REQUIREMENTS
    AND DEADLINES.

    ``During the 15-month period beginning 90 days before the date on
    which Federal agencies will no longer accept, for official purposes,
    driver's licenses and identification cards that do not comply with the
    requirements under section 202, aircraft operators and third party
    reservation entities shall notify passengers about the requirements and
    enforcement deadlines under this Act.''.
    (c) <>  Immediate Burden Reduction
    Measures.--Notwithstanding any other provision of law (including
    regulations), beginning on the date of the enactment of this Act, a
    State does not need to require an applicant for a driver's license or
    identification card to provide separate documentation of the applicant's
    Social Security account number in order to comply with the requirements
    of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
    30301 note).

    TITLE XI <> --SOUTHWEST BORDER SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2020
    SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Southwest Border Security
    Technology Improvement Act of 2020''.
    SEC. 1102. DEFINITIONS.

    In this Act:
    (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
    (A) the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    (B) the Committee on Homeland Security of the House
    of Representatives.
    (2) Department.--The term ``Department'' means the
    Department of Homeland Security.
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Homeland Security.
    (4) Southwest border.--The term ``Southwest border'' means
    the international land border between the United States and
    Mexico, including the ports of entry along such border.
    SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.

    (a) <>  Technology Needs Analysis.--Not later than
    1 year after the date of the enactment of this Act, the Secretary shall
    submit, to the appropriate congressional committees, a technology needs
    analysis for border security technology along the Southwest border.

    (b) <>  Contents.--The analysis required under
    subsection (a) shall include an assessment of--
    (1) the technology needs and gaps along the Southwest
    border--

    [[Page 2307]]

    (A) to prevent terrorists and instruments of terror
    from entering the United States;
    (B) to combat and reduce cross-border criminal
    activity, including, but not limited to--
    (i) the transport of illegal goods, such as
    illicit drugs; and
    (ii) human smuggling and human trafficking;
    and
    (C) to facilitate the flow of legal trade across the
    Southwest border;
    (2) recent technological advancements in--
    (A) manned aircraft sensor, communication, and
    common operating picture technology;
    (B) unmanned aerial systems and related technology,
    including counter-unmanned aerial system technology;
    (C) surveillance technology, including--
    (i) mobile surveillance vehicles;
    (ii) associated electronics, including
    cameras, sensor technology, and radar;
    (iii) tower-based surveillance technology;
    (iv) advanced unattended surveillance sensors;
    and
    (v) deployable, lighter-than-air, ground
    surveillance equipment;
    (D) nonintrusive inspection technology, including
    non-X-ray devices utilizing muon tomography and other
    advanced detection technology;
    (E) tunnel detection technology; and
    (F) communications equipment, including--
    (i) radios;
    (ii) long-term evolution broadband; and
    (iii) miniature satellites;
    (3) <>  any other technological
    advancements that the Secretary determines to be critical to the
    Department's mission along the Southwest border;
    (4) whether the use of the technological advances described
    in paragraphs (2) and (3) will--
    (A) improve border security;
    (B) improve the capability of the Department to
    accomplish its mission along the Southwest border;
    (C) reduce technology gaps along the Southwest
    border; and
    (D) enhance the safety of any officer or agent of
    the Department or any other Federal agency;
    (5) the Department's ongoing border security technology
    development efforts, including efforts by--
    (A) U.S. Customs and Border Protection;
    (B) the Science and Technology Directorate; and
    (C) the technology assessment office of any other
    operational component;
    (6) the technology needs for improving border security, such
    as--
    (A) information technology or other computer or
    computing systems data capture;
    (B) biometrics;
    (C) cloud storage; and
    (D) intelligence data sharing capabilities among
    agencies within the Department;

    [[Page 2308]]

    (7) <>  any other technological needs
    or factors, including border security infrastructure, such as
    physical barriers or dual-purpose infrastructure, that the
    Secretary determines should be considered; and
    (8) currently deployed technology or new technology that
    would improve the Department's ability--
    (A) to reasonably achieve operational control and
    situational awareness along the Southwest border; and
    (B) to collect metrics for securing the border at
    and between ports of entry, as required under
    subsections (b) and (c) of section 1092 of division A of
    the National Defense Authorization Act for Fiscal Year
    2017 (6 U.S.C. 223).

    (c) Updates.--
    (1) <>  In general.--Not later than 2 years
    after the submission of the analysis required under subsection
    (a), and biannually thereafter for the following 4 years, the
    Secretary shall submit an update to such analysis to the
    appropriate congressional committees.
    (2) <>  Contents.--Each update required under
    paragraph (1) shall include a plan for utilizing the resources
    of the Department to meet the border security technology needs
    and gaps identified pursuant to subsection (b), including
    developing or acquiring technologies not currently in use by the
    Department that would allow the Department to bridge existing
    border technology gaps along the Southwest border.

    (d) Items to Be Considered.--In compiling the technology needs
    analysis and updates required under this section, the Secretary shall
    consider and examine--
    (1) technology that is deployed and is sufficient for the
    Department's use along the Southwest border;
    (2) technology that is deployed, but is insufficient for the
    Department's use along the Southwest border; and
    (3) technology that is not deployed, but is necessary for
    the Department's use along the Southwest border;
    (4) current formal departmental requirements documentation
    examining current border security threats and challenges faced
    by any component of the Department;
    (5) trends and forecasts regarding migration across the
    Southwest border;
    (6) the impact on projected staffing and deployment needs
    for the Department, including staffing needs that may be
    fulfilled through the use of technology;
    (7) the needs and challenges faced by employees of the
    Department who are deployed along the Southwest border;
    (8) the need to improve cooperation among Federal, State,
    tribal, local, and Mexican law enforcement entities to enhance
    security along the Southwest border;
    (9) the privacy implications of existing technology and the
    acquisition and deployment of new technologies and supporting
    infrastructure, with an emphasis on how privacy risks might be
    mitigated through the use of technology, training, and policy;
    (10) the impact of any ongoing public health emergency that
    impacts Department operations along the Southwest border; and
    (11) the ability of, and the needs for, the Department to
    assist with search and rescue efforts for individuals or groups
    that may be in physical danger or in need of medical assistance.

    [[Page 2309]]

    (e) Classified Form.--To the extent possible, the Secretary shall
    submit the technology needs analysis and updates required under this
    section in unclassified form, but may submit such documents, or portions
    of such documents, in classified form if the Secretary determines that
    such action is appropriate.

    DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    TITLE I-- <> AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This title may be
    cited as the ``Aircraft Certification, Safety, and Accountability Act''.

    (b) Table of Contents.--The table of contents for this title is as
    follows:

    TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    Sec. 101. Short title; table of contents.
    Sec. 102. Safety management systems.
    Sec. 103. Expert review of organization designation authorizations for
    transport airplanes.
    Sec. 104. Certification oversight staff.
    Sec. 105. Disclosure of safety critical information.
    Sec. 106. Limitation on delegation.
    Sec. 107. Oversight of organization designation authorization unit
    members.
    Sec. 108. Integrated project teams.
    Sec. 109. Oversight integrity briefing.
    Sec. 110. Appeals of certification decisions.
    Sec. 111. Employment restrictions.
    Sec. 112. Professional development, skills enhancement, continuing
    education and training.
    Sec. 113. Voluntary safety reporting program.
    Sec. 114. Compensation limitation.
    Sec. 115. System safety assessments and other requirements.
    Sec. 116. Flight crew alerting.
    Sec. 117. Changed product rule.
    Sec. 118. Whistleblower protections.
    Sec. 119. Domestic and international pilot training.
    Sec. 120. Nonconformity with approved type design.
    Sec. 121. Implementation of recommendations.
    Sec. 122. Oversight of FAA compliance program.
    Sec. 123. Settlement agreement.
    Sec. 124. Human factors education program.
    Sec. 125. Best practices for organization designation authorizations.
    Sec. 126. Human factors research.
    Sec. 127. FAA Center of Excellence for automated systems and human
    factors in aircraft.
    Sec. 128. Pilot operational evaluations.
    Sec. 129. Ensuring appropriate responsibility of aircraft certification
    and flight standards performance objectives and metrics.
    Sec. 130. Transport airplane risk assessment methodology.
    Sec. 131. National air grant fellowship program.
    Sec. 132. Emerging safety trends in aviation.
    Sec. 133. FAA accountability enhancement.
    Sec. 134. Authorization of appropriations for the advanced materials
    center of excellence.
    Sec. 135. Promoting Aviation Regulations for Technical Training.
    Sec. 136. Independent study on type certification reform.
    Sec. 137. Definitions.

    SEC. 102. SAFETY MANAGEMENT SYSTEMS.

    (a) <>  Rulemaking Proceeding.--

    [[Page 2310]]

    (1) <>  In general.--Not later than 30 days
    after the date of enactment of this title, the Administrator
    shall initiate a rulemaking proceeding to require that
    manufacturers that hold both a type certificate and a production
    certificate issued pursuant to section 44704 of title 49, United
    States Code, where the United States is the State of Design and
    State of Manufacture, have in place a safety management system
    that is consistent with the standards and recommended practices
    established by ICAO and contained in annex 19 to the Convention
    on International Civil Aviation (61 Stat. 1180), for such
    systems.
    (2) Contents of regulations.--The regulations issued under
    paragraph (1) shall, at a minimum--
    (A) ensure safety management systems are consistent
    with, and complementary to, existing safety management
    systems;
    (B) include provisions that would permit operational
    feedback from operators and pilots qualified on the
    manufacturers' equipment to ensure that the operational
    assumptions made during design and certification remain
    valid;
    (C) include provisions for the Administrator's
    approval of, and regular oversight of adherence to, a
    certificate holder's safety management system adopted
    pursuant to such regulations; and
    (D) <>  require such
    certificate holder to adopt, not later than 4 years
    after the date of enactment of this title, a safety
    management system.

    (b) Final Rule Deadline.--Not later than 24 months after initiating
    the rulemaking under subsection (a), the Administrator shall issue a
    final rule.
    (c) Surveillance and Audit Requirement.--The final rule issued
    pursuant to subsection (b) shall include a requirement for the
    Administrator to implement a systems approach to risk-based surveillance
    by defining and planning inspections, audits, and monitoring activities
    on a continuous basis, to ensure that design and production approval
    holders of aviation products meet and continue to meet safety management
    system requirements under the rule.
    (d) Engagement With ICAO.--The Administrator shall engage with ICAO
    and foreign civil aviation authorities to help encourage the adoption of
    safety management systems for manufacturers on a global basis,
    consistent with ICAO standards.
    (e) <>  Safety Reporting
    Program.--The regulations issued under subsection (a) shall require a
    safety management system to include a confidential employee reporting
    system through which employees can report hazards, issues, concerns,
    occurrences, and incidents. A reporting system under this subsection
    shall include provisions for reporting, without concern for reprisal for
    reporting, of such items by employees in a manner consistent with
    confidential employee reporting systems administered by the
    Administrator. Such regulations shall also require a certificate holder
    described in subsection (a) to submit a summary of reports received
    under this subsection to the Administrator at least twice per year.

    (f) <>  Code of Ethics.--The
    regulations issued under subsection (a) shall require a safety
    management system to include establishment of a code of ethics
    applicable to all appropriate employees of a certificate holder,
    including officers (as determined by the

    [[Page 2311]]

    FAA), which clarifies that safety is the organization's highest
    priority.

    (g) Protection of Safety Information.--Section 44735(a) of title 49,
    United States Code, is amended--
    (1) by striking ``title 5 if the report'' and inserting the
    following: ``title 5--
    ``(1) if the report'';
    (2) by striking the period at the end and inserting ``;
    or''; and
    (3) by adding at the end the following:
    ``(2) if the report, data, or other information is submitted
    to the Federal Aviation Administration pursuant to section
    102(e) of the Aircraft Certification, Safety, and Accountability
    Act.''.
    SEC. 103. <>  EXPERT REVIEW OF
    ORGANIZATION DESIGNATION AUTHORIZATIONS
    FOR TRANSPORT AIRPLANES.

    (a) Expert Review.--
    (1) <>  Establishment.--
    Not later than 30 days after the date of enactment of this
    title, the Administrator shall convene an expert panel (in this
    section referred to as the ``review panel'') to review and make
    findings and recommendations on the matters listed in paragraph
    (2).
    (2) Contents of review.--With respect to each holder of an
    organization designation authorization for the design and
    production of transport airplanes, the review panel shall review
    the following:
    (A) The extent to which the holder's safety
    management processes promote or foster a safety culture
    consistent with the principles of the International
    Civil Aviation Organization Safety Management Manual,
    Fourth Edition (International Civil Aviation
    Organization Doc. No. 9859) or any similar successor
    document.
    (B) The effectiveness of measures instituted by the
    holder to instill, among employees and contractors of
    such holder that support organization designation
    authorization functions, a commitment to safety above
    all other priorities.
    (C) The holder's capability, based on the holder's
    organizational structures, requirements applicable to
    officers and employees of such holder, and safety
    culture, of making reasonable and appropriate decisions
    regarding functions delegated to the holder pursuant to
    the organization designation authorization.
    (D) <>  Any other matter
    determined by the Administrator for which inclusion in
    the review would be consistent with the public interest
    in aviation safety.
    (3) Composition of review panel.--The review panel shall
    consist of--
    (A) 2 representatives of the National Aeronautics
    and Space Administration;
    (B) 2 employees of the Administration's Aircraft
    Certification Service with experience conducting
    oversight of persons not involved in the design or
    production of transport airplanes;

    [[Page 2312]]

    (C) 1 employee of the Administration's Aircraft
    Certification Service with experience conducting
    oversight of persons involved in the design or
    production of transport airplanes;
    (D) 2 employees of the Administration's Flight
    Standards Service with experience in oversight of safety
    management systems;
    (E) 1 appropriately qualified representative,
    designated by the applicable represented organization,
    of each of--
    (i) a labor union representing airline pilots
    involved in both passenger and all-cargo
    operations;
    (ii) a labor union, not selected under clause
    (i), representing airline pilots with expertise in
    the matters described in paragraph (2);
    (iii) a labor union representing employees
    engaged in the assembly of transport airplanes;
    (iv) the certified bargaining representative
    under section 7111 of title 5, United States Code,
    for field engineers engaged in the audit or
    oversight of an organization designation
    authorization within the Aircraft Certification
    Service of the Administration;
    (v) the certified bargaining representative
    for safety inspectors of the Administration; and
    (vi) a labor union representing employees
    engaged in the design of transport airplanes;
    (F) 2 independent experts who have not served as a
    political appointee in the Administration and--
    (i) who hold either a baccalaureate or
    postgraduate degree in the field of aerospace
    engineering or a related discipline; and
    (ii) who have a minimum of 20 years of
    relevant applied experience;
    (G) 4 air carrier employees whose job
    responsibilities include administration of a safety
    management system;
    (H) 4 individuals representing 4 different holders
    of organization designation authorizations, with
    preference given to individuals representing holders of
    organization designation authorizations for the design
    or production of aircraft other than transport airplanes
    or for the design or production of aircraft engines,
    propellers, or appliances; and
    (I) 1 individual holding a law degree and who has
    expertise in the legal duties of a holder of an
    organization designation authorization and the
    interaction with the FAA, except that such individual
    may not, within the 10-year period preceding the
    individual's appointment, have been employed by, or
    provided legal services to, the holder of an
    organization designation authorization referenced in
    paragraph (2).
    (4) Recommendations.--The review panel shall make
    recommendations to the Administrator regarding suggested actions
    to address any deficiencies found after review of the matters
    listed in paragraph (2).
    (5) Report.--
    (A) Submission.--Not later than 270 days after the
    date of the first meeting of the review panel, the
    review

    [[Page 2313]]

    panel shall transmit to the Administrator and the
    congressional committees of jurisdiction a report
    containing the findings and recommendations of the
    review panel regarding the matters listed in paragraph
    (2), except that such report shall include--
    (i) only such findings endorsed by 10 or more
    individual members of the review panel; and
    (ii) only such recommendations described in
    paragraph (4) endorsed by 18 or more of the
    individual members of the review panel.
    (B) Dissenting views.--In submitting the report
    required under this paragraph, the review panel shall
    append to such report the dissenting views of any
    individual member or group of members of the review
    panel regarding the findings or recommendations of the
    review panel.
    (C) <>  Publication.--
    Not later than 5 days after receiving the report under
    subparagraph (A), the Administrator shall publish such
    report, including any dissenting views appended to the
    report, on the website of the Administration.
    (D) Termination.--The review panel shall terminate
    upon submission of the report under subparagraph (A).
    (6) Administrative provisions.--
    (A) <>  Access to information.--The
    review panel shall have authority to perform the
    following actions if a majority of the total number of
    review panel members consider each action necessary and
    appropriate:
    (i) Entering onto the premises of a holder of
    an organization designation authorization
    referenced in paragraph (2) for access to and
    inspection of records or other purposes.
    (ii) Notwithstanding any other provision of
    law, accessing and inspecting unredacted records
    directly necessary for the completion of the
    panel's work under this section that are in the
    possession of such holder of an organization
    designation authorization or the Administration.
    (iii) Interviewing employees of such holder of
    an organization designation authorization or the
    Administration as necessary for the panel to
    complete its work.
    (B) Disclosure of financial interests.--Each
    individual serving on the review panel shall disclose to
    the Administrator any financial interest held by such
    individual, or a spouse or dependent of such individual,
    in a business enterprise engaged in the design or
    production of transport airplanes, aircraft engines
    designed for transport airplanes, or major systems,
    components, or parts thereof.
    (C) Protection of proprietary information; trade
    secrets.--
    (i) <>  Marking.--The
    custodian of a record accessed under subparagraph
    (A) may mark such record as proprietary or
    containing a trade secret. A marking under this
    subparagraph shall not be dispositive with respect
    to whether such record contains any information
    subject to legal protections from public
    disclosure.

    [[Page 2314]]

    (ii) Nondisclosure for non-federal government
    participants.--
    (I) Non-federal government
    participants.--
    <> Prior to
    participating on the review panel, each
    individual serving on the review panel
    representing a non-Federal entity,
    including a labor union, shall execute
    an agreement with the Administrator in
    which the individual shall be prohibited
    from disclosing at any time, except as
    required by law, to any person, foreign
    or domestic, any non-public information
    made accessible to the panel under
    subparagraph (A).
    (II) Federal employee
    participants.--Federal employees serving
    on the review panel as representatives
    of the Federal Government and who are
    required to protect proprietary
    information and trade secrets under
    section 1905 of title 18, United States
    Code, shall not be required to execute
    agreements under this subparagraph.
    (iii) Protection of voluntarily submitted
    safety information.--Information subject to
    protection from disclosure by the Administration
    in accordance with sections 40123 and 44735 of
    title 49, United States Code, is deemed
    voluntarily submitted to the Administration under
    such sections when shared with the review panel
    and retains its protection from disclosure
    (including protection under section 552(b)(3) of
    title 5, United States Code). The custodian of a
    record subject to such protection may mark such
    record as subject to statutory protections. A
    marking under this subparagraph shall not be
    dispositive with respect to whether such record
    contains any information subject to legal
    protections from public disclosure. Members of the
    review panel will protect voluntarily submitted
    safety information and other otherwise exempt
    information to the extent permitted under
    applicable law.
    (iv) Protection of proprietary information and
    trade secrets.--Members of the review panel will
    protect proprietary information, trade secrets,
    and other otherwise exempt information to the
    extent permitted under applicable law.
    (v) Resolving classification of information.--
    If the <> review panel and a
    holder of an organization designation
    authorization subject to review under this section
    disagree as to the proper classification of
    information described in this subparagraph, then
    an employee of the Administration who is not a
    political appointee shall determine the proper
    classification of such information and whether
    such information will be withheld, in part or in
    full, from release to the public.
    (D) Applicable law.--Public Law 92-463 shall not
    apply to the panel established under this subsection.
    (E) Financial interest defined.--In this paragraph,
    the term ``financial interest''--
    (i) excludes securities held in an index fund;
    and

    [[Page 2315]]

    (ii) includes--
    (I) any current or contingent
    ownership, equity, or security interest;
    (II) an indebtedness or compensated
    employment relationship; or
    (III) any right to purchase or
    acquire any such interest, including a
    stock option or commodity future.

    (b) FAA Authority.--
    (1) In general.--After reviewing the findings of the review
    panel submitted under subsection (a)(5), the Administrator may
    limit, suspend, or terminate an organization designation
    authorization subject to review under this section.
    (2) Reinstatement.--The Administrator may condition
    reinstatement of a limited, suspended, or terminated
    organization designation authorization on the holder's
    implementation of any corrective actions determined necessary by
    the Administrator.
    (3) Rule of construction.--Nothing in this subsection shall
    be construed to limit the Administrator's authority to take any
    action with respect to an organization designation
    authorization, including limitation, suspension, or termination
    of such authorization.

    (c) Organization Designation Authorization Process Improvements.--
    <> Not later than 1 year after receipt of the
    recommendations submitted under subsection (a)(5), the Administrator
    shall report to the congressional committees of jurisdiction on--
    (1) whether the Administrator has concluded that such holder
    is able to safely and reliably perform all delegated functions
    in accordance with all applicable provisions of chapter 447 of
    title 49, United States Code, title 14, Code of Federal
    Regulations, and other orders or requirements of the
    Administrator, and, if not, the Administrator shall outline--
    (A) the risk mitigations or other corrective
    actions, including the implementation timelines of such
    mitigations or actions, the Administrator has
    established for or required of such holder as
    prerequisites for a conclusion by the Administrator
    under this paragraph; or
    (B) the status of any ongoing investigatory actions;
    (2) the status of implementation of each of the
    recommendations of the review panel, if any, with which the
    Administrator concurs;
    (3) the status of procedures under which the Administrator
    will conduct focused oversight of such holder's processes for
    performing delegated functions with respect to the design of new
    and derivative transport airplanes and the production of such
    airplanes; and
    (4) the Administrator's efforts, to the maximum extent
    practicable and subject to appropriations, to increase the
    number of engineers, inspectors, and other qualified technical
    experts, as necessary to fulfill the requirements of this
    section, in--
    (A) each office of the Administration responsible
    for dedicated oversight of such holder; and
    (B) the System Oversight Division, or any successor
    division, of the Aircraft Certification Service.

    [[Page 2316]]

    (d) <>  Non-concurrence With
    Recommendations.--Not later than 6 months after receipt of the
    recommendations submitted under subsection (a)(5), with respect to each
    recommendation of the review panel with which the Administrator does not
    concur, if any, the Administrator shall publish on the website of the
    Administration and submit to the congressional committees of
    jurisdiction a detailed explanation as to why, including if the
    Administrator believes implementation of such recommendation would not
    improve aviation safety.
    SEC. 104. <>  CERTIFICATION OVERSIGHT
    STAFF.

    (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $27,000,000 for each of fiscal years
    2021 through 2023 to recruit and retain engineers, safety inspectors,
    human factors specialists, chief scientific and technical advisors,
    software and cybersecurity experts, and other qualified technical
    experts who perform duties related to the certification of aircraft,
    aircraft engines, propellers, appliances, and new and emerging
    technologies, and perform other regulatory activities.
    (b) <>  In General.--Not later than 60 days
    after the date of enactment of this title, and without duplicating any
    recently completed or ongoing reviews, the Administrator shall initiate
    a review of--
    (1) the inspectors, human factors specialists, flight test
    pilots, engineers, managers, and executives in the FAA who are
    responsible for the certification of the design, manufacture,
    and operation of aircraft intended for air transportation for
    purposes of determining whether the FAA has the expertise and
    capability to adequately understand the safety implications of,
    and oversee the adoption of, new or innovative technologies,
    materials, and procedures used by designers and manufacturers of
    such aircraft; and
    (2) the Senior Technical Experts Program to determine
    whether the program should be enhanced or expanded to bolster
    and support the programs of the FAA's Office of Aviation Safety,
    with particular focus placed on the Aircraft Certification
    Service and the Flight Standards Service (or any successor
    organizations), particularly with respect to understanding the
    safety implications of new or innovative technologies,
    materials, aircraft operations, and procedures used by designers
    and manufacturers of such aircraft.

    (c) Deadline for Completion.--Not later than 270 days after the date
    of enactment of this title, the Administrator shall complete the review
    required by subsection (b).
    (d) <>  Briefing.--Not later than 30 days after the
    completion of the review required by subsection (b), the Administrator
    shall brief the congressional committees of jurisdiction on the results
    of the review. The briefing shall include the following:
    (1) <>  An analysis of the Administration's
    ability to hire safety inspectors, human factors specialists,
    flight test pilots, engineers, managers, executives, scientists,
    and technical advisors, who have the requisite expertise to
    oversee new developments in aerospace design and manufacturing.
    (2) <>  A plan for the Administration to
    improve the overall expertise of the FAA's personnel who are
    responsible for the oversight of the design and manufacture of
    aircraft.

    [[Page 2317]]

    (e) Consultation Requirement.--In completing the review under
    subsection (b), the Administrator shall consult and collaborate with
    appropriate stakeholders, including labor organizations (including those
    representing aviation workers, FAA aviation safety engineers, human
    factors specialists, flight test pilots, and FAA aviation safety
    inspectors), and aerospace manufacturers.
    (f) <>  Recruitment and Retention.--
    (1) Bargaining units.--Not later than 30 days after the date
    of enactment of this title, the Administrator shall begin
    collaboration with the exclusive bargaining representatives of
    engineers, safety inspectors, systems safety specialists, and
    other qualified technical experts certified under section 7111
    of title 5, United States Code, to improve recruitment of
    employees for, and to implement retention incentives for
    employees holding, positions with respect to the certification
    of aircraft, aircraft engines, propellers, and appliances. If
    the Administrator and such representatives are unable to reach
    an agreement collaboratively, the Administrator and such
    representatives shall negotiate in accordance with section
    40122(a) of title 49, United States Code, to improve recruitment
    and implement retention incentives for employees described in
    subsection (a) who are covered under a collective bargaining
    agreement.
    (2) Other employees.--Notwithstanding any other provision of
    law, not later than 30 days after the date of enactment of this
    title, the Administrator shall initiate actions to improve
    recruitment of, and implement retention incentives for, any
    individual described in subsection (a) who is not covered under
    a collective bargaining agreement.
    (3) Rule of construction.--Nothing in this section shall be
    construed to vest in any exclusive bargaining representative any
    management right of the Administrator, as such right existed on
    the day before the date of enactment of this title.
    (4) Availability of appropriations.--Any action taken by the
    Administrator under this section shall be subject to the
    availability of appropriations authorized under subsection (a).
    SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.

    (a) Disclosure.--Section 44704 of title 49, United States Code, is
    amended by striking subsection (e) and inserting the following:
    ``(e) Disclosure of Safety Critical Information.--
    ``(1) <>  In general.--Notwithstanding a
    delegation described in section 44702(d), the Administrator
    shall require an applicant for, or holder of, a type certificate
    for a transport category airplane covered under part 25 of title
    14, Code of Federal Regulations, to submit safety critical
    information with respect to such airplane to the Administrator
    in such form, manner, or time as the Administrator may require.
    Such safety critical information shall include--
    ``(A) any design and operational details, intended
    functions, and failure modes of any system that, without
    being commanded by the flight crew, commands the
    operation of any safety critical function or feature
    required for control of an airplane during flight or
    that otherwise changes the flight path or airspeed of an
    airplane;

    [[Page 2318]]

    ``(B) the design and operational details, intended
    functions, failure modes, and mode annunciations of
    autopilot and autothrottle systems, if applicable;
    ``(C) any failure or operating condition that the
    applicant or holder anticipates or has concluded would
    result in an outcome with a severity level of hazardous
    or catastrophic, as defined in the appropriate
    Administration airworthiness requirements and guidance
    applicable to transport category airplanes defining risk
    severity;
    ``(D) any adverse handling quality that fails to
    meet the requirements of applicable regulations without
    the addition of a software system to augment the flight
    controls of the airplane to produce compliant handling
    qualities; and
    ``(E) <>  a system safety
    assessment with respect to a system described in
    subparagraph (A) or (B) or with respect to any component
    or other system for which failure or erroneous operation
    of such component or system could result in an outcome
    with a severity level of hazardous or catastrophic, as
    defined in the appropriate Administration airworthiness
    requirements and guidance applicable to transport
    category airplanes defining risk severity.
    ``(2) Ongoing communications.--
    ``(A) <>  Newly discovered
    information.--The Administrator shall require that an
    applicant for, or holder of, a type certificate disclose
    to the Administrator, in such form, manner, or time as
    the Administrator may require, any newly discovered
    information or design or analysis change that would
    materially alter any submission to the Administrator
    under paragraph (1).
    ``(B) <>  System
    development changes.--The Administrator shall establish
    multiple milestones throughout the certification process
    at which a proposed airplane system will be assessed to
    determine whether any change to such system during the
    certification process is such that such system should be
    considered novel or unusual by the Administrator.
    ``(3) <>  Flight manuals.--The
    Administrator shall ensure that an airplane flight manual and a
    flight crew operating manual (as appropriate or applicable) for
    an airplane contains a description of the operation of a system
    described in paragraph (1)(A) and flight crew procedures for
    responding to a failure or aberrant operation of such system.
    ``(4) Civil penalty.--
    ``(A) Amount.--Notwithstanding section 46301, an
    applicant for, or holder of, a type certificate that
    knowingly violates paragraph (1), (2), or (3) of this
    subsection shall be liable to the Administrator for a
    civil penalty of not more than $1,000,000 for each
    violation.
    ``(B) <>  Penalty
    considerations.--In determining the amount of a civil
    penalty under subparagraph (A), the Administrator shall
    consider--
    ``(i) the nature, circumstances, extent, and
    gravity of the violation, including the length of
    time that such safety critical information was
    known but not disclosed; and

    [[Page 2319]]

    ``(ii) with respect to the violator, the
    degree of culpability, any history of prior
    violations, and the size of the business concern.
    ``(5) Revocation and civil penalty for individuals.--
    ``(A) In general.--The Administrator shall revoke
    any airline transport pilot certificate issued under
    section 44703 held by any individual who, while acting
    on behalf of an applicant for, or holder of, a type
    certificate, knowingly makes a false statement with
    respect to any of the matters described in subparagraphs
    (A) through (E) of paragraph (1).
    ``(B) Authority to impose civil penalty.--The
    Administrator may impose a civil penalty under section
    46301 for each violation described in subparagraph (A).
    ``(6) Rule of construction.--Nothing in this subsection
    shall be construed to affect or otherwise inhibit the authority
    of the Administrator to deny an application by an applicant for
    a type certificate or to revoke or amend a type certificate of a
    holder of such certificate.
    ``(7) Definition of type certificate.--In this subsection,
    the term `type certificate'--
    ``(A) means a type certificate issued under
    subsection (a) or an amendment to such certificate; and
    ``(B) does not include a supplemental type
    certificate issued under subsection (b).''.

    (b) Civil Penalty Authority.--Section 44704 of title 49, United
    States Code, is further amended by adding at the end the following:
    ``(f) Hearing Requirement.--The Administrator may find that a person
    has violated subsection (a)(6) or paragraph (1), (2), or (3) of
    subsection (e) and impose a civil penalty under the applicable
    subsection only after notice and an opportunity for a hearing. The
    Administrator shall provide a person--
    ``(1) <>  written notice of the violation and
    the amount of penalty; and
    ``(2) the opportunity for a hearing under subpart G of part
    13 of title 14, Code of Federal Regulations.''.

    (c) <>  Required Submission of Outline of
    System Changes at the Beginning of the Certification Process.--
    (1) <>  In general.--Not later
    than 180 days after the date of enactment of this title, the
    Administrator shall initiate a process to revise procedures to
    require an applicant for an amendment to a type certificate for
    a transport category aircraft to disclose to the Administrator,
    in a single document submitted at the beginning of the process
    for amending such certificate, all new systems and intended
    changes to existing systems then known to such applicant. The
    Administrator shall finalize the revision of such procedures not
    later than 18 months after initiating such process.
    (2) Application.--Compliance with the procedures revised
    pursuant to paragraph (1) shall not preclude an applicant from
    making additional changes to aircraft systems as the design and
    application process proceeds.
    (3) Savings provision.--Nothing in this subsection may be
    construed to limit the obligations of an applicant for an
    amended type certificate for a transport category airplane under

    [[Page 2320]]

    section 44704(e) of title 49, United States Code, as amended in
    this title.
    SEC. 106. LIMITATION ON DELEGATION.

    Section 44702(d) of title 49, United States Code, is amended by
    adding at the end the following:
    ``(4)(A) With respect to a critical system design feature of a
    transport category airplane, the Administrator may not delegate any
    finding of compliance with applicable airworthiness standards or review
    of any system safety assessment required for the issuance of a
    certificate, including a type certificate, or amended or supplemental
    type certificate, under section 44704, until the Administrator has
    reviewed and validated any underlying assumptions related to human
    factors.
    ``(B) <>  The requirement under subparagraph
    (A) shall not apply if the Administrator determines the matter involved
    is a routine task.

    ``(C) <>  For purposes of subparagraph (A), the
    term critical system design feature includes any feature (including a
    novel or unusual design feature) for which the failure of such feature,
    either independently or in combination with other failures, could result
    in catastrophic or hazardous failure conditions, as those terms are
    defined by the Administrator.''.
    SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT
    MEMBERS.

    (a) In General.--Chapter 447 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44741. <>  Approval of organization
    designation authorization unit members

    ``(a) <>  In General.--Beginning January 1,
    2022, each individual who is selected on or after such date to become an
    ODA unit member by an ODA holder engaged in the design of an aircraft,
    aircraft engine, propeller, or appliance and performs an authorized
    function pursuant to a delegation by the Administrator of the Federal
    Aviation Administration under section 44702(d)--
    ``(1) shall be--
    ``(A) an employee, a contractor, or a consultant of
    the ODA holder; or
    ``(B) the employee of a supplier of the ODA holder;
    and
    ``(2) may not become a member of such unit unless approved
    by the Administrator pursuant to this section.

    ``(b) Process and Timeline.--
    ``(1) In general.--The Administrator shall maintain an
    efficient process for the review and approval of an individual
    to become an ODA unit member under this section.
    ``(2) Process.--An ODA holder described in subsection (a)
    may submit to the Administrator an application for an individual
    to be approved to become an ODA unit member under this section.
    The application shall be submitted in such form and manner as
    the Administrator determines
    appropriate. <> The Administrator shall
    require an ODA holder to submit with such an application
    information sufficient to demonstrate an individual's
    qualifications under subsection (c).
    ``(3) Timeline.--The Administrator shall approve or reject
    an individual that is selected by an ODA holder to become

    [[Page 2321]]

    an ODA unit member under this section not later than 30 days
    after the receipt of an application by an ODA holder.
    ``(4) Documentation of approval.--Upon approval of an
    individual to become an ODA unit member under this section, the
    Administrator shall provide such individual a letter confirming
    that such individual has been approved by the Administrator
    under this section to be an ODA unit member.
    ``(5) Reapplication.--An ODA holder may submit an
    application under this subsection for an individual to become an
    ODA unit member under this section regardless of whether an
    application for such individual was previously rejected by the
    Administrator.

    ``(c) Qualifications.--
    ``(1) In general.--The Administrator shall issue minimum
    qualifications for an individual to become an ODA unit member
    under this section. In issuing such qualifications, the
    Administrator shall consider existing qualifications for
    Administration employees with similar duties and whether such
    individual--
    ``(A) is technically proficient and qualified to
    perform the authorized functions sought;
    ``(B) has no recent record of serious enforcement
    action, as determined by the Administrator, taken by the
    Administrator with respect to any certificate, approval,
    or authorization held by such individual;
    ``(C) is of good moral character (as such
    qualification is applied to an applicant for an airline
    transport pilot certificate issued under section 44703);
    ``(D) possesses the knowledge of applicable design
    or production requirements in this chapter and in title
    14, Code of Federal Regulations, necessary for
    performance of the authorized functions sought;
    ``(E) possesses a high degree of knowledge of
    applicable design or production principles, system
    safety principles, or safety risk management processes
    appropriate for the authorized functions sought; and
    ``(F) meets such testing, examination, training, or
    other qualification standards as the Administrator
    determines are necessary to ensure the individual is
    competent and capable of performing the authorized
    functions sought.
    ``(2) Previously rejected application.--In reviewing an
    application for an individual to become an ODA unit member under
    this section, if an application for such individual was
    previously rejected, the Administrator shall ensure that the
    reasons for the prior rejection have been resolved or mitigated
    to the Administrator's satisfaction before making a
    determination on the individual's reapplication.

    ``(d) Rescission of Approval.--The Administrator may rescind an
    approval of an individual as an ODA unit member granted pursuant to this
    section at any time and for any reason the Administrator considers
    appropriate. <>  The Administrator shall develop
    procedures to provide for notice and opportunity to appeal rescission
    decisions made by the Administrator. Such decisions by the Administrator
    are not subject to judicial review.

    ``(e) Conditional Selections.--
    ``(1) <>  In general.--Subject to the
    requirements of this subsection, the Administrator may authorize
    an ODA holder to conditionally designate an individual to
    perform the functions

    [[Page 2322]]

    of an ODA unit member for a period of not more than 30 days
    (beginning on the date an application for such individual is
    submitted under subsection (b)(2)).
    ``(2) Required determination.--The Administrator may not
    make an authorization under paragraph (1) unless--
    ``(A) the ODA holder has instituted, to the
    Administrator's satisfaction, systems and processes to
    ensure the integrity and reliability of determinations
    by conditionally-designated ODA unit members; and
    ``(B) the ODA holder has instituted a safety
    management system in accordance with regulations issued
    by the Administrator under section 102 of the Aircraft
    Certification, Safety, and Accountability Act.
    ``(3) Final determination.--The Administrator shall approve
    or reject the application for an individual designated under
    paragraph (1) in accordance with the timeline and procedures
    described in subsection (b).
    ``(4) Rejection and review.--If the Administrator rejects
    the application submitted under subsection (b)(2) for an
    individual conditionally designated under paragraph (1), the
    Administrator shall review and approve or disapprove any
    decision pursuant to any authorized function performed by such
    individual during the period such individual served as a
    conditional designee.
    ``(5) Prohibitions.--Notwithstanding the requirements of
    paragraph (2), the Administrator may prohibit an ODA holder from
    making conditional designations of individuals as ODA unit
    members under this subsection at any time for any reason the
    Administrator considers appropriate. The Administrator may
    prohibit any conditionally designated individual from performing
    an authorized function at any time for any reason the
    Administrator considers appropriate.

    ``(f) Records and Briefings.--
    ``(1) <>
    In general.--Beginning on the date described in subsection (a),
    an ODA holder shall maintain, for a period to be determined by
    the Administrator and with proper protections to ensure the
    security of sensitive and personal information--
    ``(A) any data, applications, records, or manuals
    required by the ODA holder's approved procedures manual,
    as determined by the Administrator;
    ``(B) the names, responsibilities, qualifications,
    and example signature of each member of the ODA unit who
    performs an authorized function pursuant to a delegation
    by the Administrator under section 44702(d);
    ``(C) training records for ODA unit members and ODA
    administrators; and
    ``(D) any other data, applications, records, or
    manuals determined appropriate by the Administrator.
    ``(2) <>  Congressional
    briefing.--Not later than 90 days after the date of enactment of
    this section, and every 90 days thereafter through September 30,
    2023, the Administrator shall provide a briefing to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate on the implementation and effects
    of this section, including--
    ``(A) the Administration's performance in completing
    reviews of individuals and approving or denying such

    [[Page 2323]]

    individuals within the timeline required under
    subsection (b)(3);
    ``(B) for any individual rejected by the
    Administrator under subsection (b) during the preceding
    90-day period, the reasoning or basis for such
    rejection; and
    ``(C) any resource, staffing, or other challenges
    within the Administration associated with implementation
    of this section.

    ``(g) Special Review of Qualifications.--
    ``(1) <>  In general.--Not later than 30
    days after the issuance of minimum qualifications under
    subsection (c), the Administrator shall initiate a review of the
    qualifications of each individual who on the date on which such
    minimum qualifications are issued is an ODA unit member of a
    holder of a type certificate for a transport airplane to ensure
    such individual meets the minimum qualifications issued by the
    Administrator under subsection (c).
    ``(2) <>  Unqualified individual.--
    For any individual who is determined by the Administrator not to
    meet such minimum qualifications pursuant to the review
    conducted under paragraph (1), the Administrator--
    ``(A) shall determine whether the lack of
    qualification may be remedied and, if so, provide such
    individual with an action plan or schedule for such
    individual to meet such qualifications; or
    ``(B) may, if the Administrator determines the lack
    of qualification may not be remedied, take appropriate
    action, including prohibiting such individual from
    performing an authorized function.
    ``(3) Deadline.--The Administrator shall complete the review
    required under paragraph (1) not later than 18 months after the
    date on which such review was initiated.
    ``(4) Savings clause.--An individual approved to become an
    ODA unit member of a holder of a type certificate for a
    transport airplane under subsection (a) shall not be subject to
    the review under this subsection.

    ``(h) Prohibition.--The Administrator may not authorize an
    organization or ODA holder to approve an individual selected by an ODA
    holder to become an ODA unit member under this section.
    ``(i) Definitions.--
    ``(1) General applicability.--The definitions contained in
    section 44736(c) shall apply to this section.
    ``(2) Transport airplane.--The term `transport airplane'
    means a transport category airplane designed for operation by an
    air carrier or foreign air carrier type-certificated with a
    passenger seating capacity of 30 or more or an all-cargo or
    combi derivative of such an airplane.

    ``(j) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $3,000,000 for each of fiscal
    years 2021 through 2023.
    ``Sec. 44742. <>  Interference with the
    duties of organization designation
    authorization unit members

    ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall continuously seek to eliminate or minimize
    interference by an ODA holder that affects the performance of authorized
    functions by ODA unit members.

    [[Page 2324]]

    ``(b) Prohibition.--
    ``(1) In general.--It shall be unlawful for any individual
    who is a supervisory employee of an ODA holder that manufactures
    a transport category airplane to commit an act of interference
    with an ODA unit member's performance of authorized functions.
    ``(2) Civil penalty.--
    ``(A) Individuals.--An individual shall be subject
    to a civil penalty under section 46301(a)(1) for each
    violation under paragraph (1).
    ``(B) Savings clause.--Nothing in this paragraph
    shall be construed as limiting or constricting any other
    authority of the Administrator to pursue an enforcement
    action against an individual or organization for
    violation of applicable Federal laws or regulations of
    the Administration.

    ``(c) Reporting.--
    ``(1) Reports to oda holder.--An ODA unit member of an ODA
    holder that manufactures a transport category airplane shall
    promptly report any instances of interference to the office of
    the ODA holder that is designated to receive such reports.
    ``(2) Reports to the faa.--
    ``(A) <>  In general.--The ODA
    holder office described in paragraph (1) shall
    investigate reports and submit to the office of the
    Administration designated by the Administrator to accept
    and review such reports any instances of interference
    reported under paragraph (1).
    ``(B) Contents.--The Administrator shall prescribe
    parameters for the submission of reports to the
    Administration under this paragraph, including the
    manner, time, and form of submission. Such report shall
    include the results of any investigation conducted by
    the ODA holder in response to a report of interference,
    a description of any action taken by the ODA holder as a
    result of the report of interference, and any other
    information or potentially mitigating factors the ODA
    holder or the Administrator deems appropriate.

    ``(d) Definitions.--
    ``(1) General applicability.--The definitions contained in
    section 44736(c) shall apply to this section.
    ``(2) Interference.--In this section, the term
    `interference' means--
    ``(A) blatant or egregious statements or behavior,
    such as harassment, beratement, or threats, that a
    reasonable person would conclude was intended to
    improperly influence or prejudice an ODA unit member's
    performance of his or her duties; or
    ``(B) the presence of non-ODA unit duties or
    activities that conflict with the performance of
    authorized functions by ODA unit members.''.

    (b) ODA Program Enhancements.--
    (1) In general.--Section 44736 of title 49, United States
    Code, is amended by adding at the end the following:

    ``(d) <>  Audits.--
    ``(1) In general.--The Administrator shall perform a
    periodic audit of each ODA unit and its procedures.

    [[Page 2325]]

    ``(2) Duration.--An audit required under paragraph (1) shall
    be performed with respect to an ODA holder once every 7 years
    (or more frequently as determined appropriate by the
    Administrator).
    ``(3) Records.--The ODA holder shall maintain, for a period
    to be determined by the Administrator, a record of--
    ``(A) each audit conducted under this subsection;
    and
    ``(B) any corrective actions resulting from each
    such audit.

    ``(e) Federal Aviation Safety Advisors.--
    ``(1) In general.--In the case of an ODA holder, the
    Administrator shall assign FAA aviation safety personnel with
    appropriate expertise to be advisors to the ODA unit members
    that are authorized to make findings of compliance on behalf of
    the Administrator. The advisors shall--
    ``(A) communicate with assigned unit members on an
    ongoing basis to ensure that the assigned unit members
    are knowledgeable of relevant FAA policies and
    acceptable methods of compliance; and
    ``(B) monitor the performance of the assigned unit
    members to ensure consistency with such policies.
    ``(2) Applicability.--Paragraph (1) shall only apply to an
    ODA holder that is--
    ``(A) a manufacturer that holds both a type and a
    production certificate for--
    ``(i) transport category airplanes with a
    maximum takeoff gross weight greater than 150,000
    pounds; or
    ``(ii) airplanes produced and delivered to
    operators operating under part 121 of title 14,
    Code of Federal Regulations, for air carrier
    service under such part 121; or
    ``(B) a manufacturer of engines for an airplane
    described in subparagraph (A).

    ``(f) Communication With the FAA.--Neither the Administrator nor an
    ODA holder may prohibit--
    ``(1) an ODA unit member from communicating with, or seeking
    the advice of, the Administrator or FAA staff; or
    ``(2) the Administrator or FAA staff from communicating with
    an ODA unit member.''.
    (2) Report.--Not later than September 30, 2022, the
    Administrator shall submit to the congressional committees of
    jurisdiction a report on the implementation of subsections (d)
    and (e) of section 44736 of title 49, United States Code, as
    added by subsection (b).

    (c) Additional ODA Program Enhancements.--Section 44736 of title 49,
    United States Code, is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in subparagraph (A) by striking the
    semicolon and inserting ``; and'';
    (ii) by striking subparagraph (B);
    (iii) in subparagraph (C) by striking ``;
    and'' and inserting a period;
    (iv) by striking subparagraph (D); and
    (v) by redesignating subparagraph (C) as
    subparagraph (B); and

    [[Page 2326]]

    (B) in paragraph (3) by striking ``shall--'' and all
    that follows through the end and inserting ``shall
    conduct regular oversight activities by inspecting the
    ODA holder's delegated functions and taking action based
    on validated inspection findings.''; and
    (2) in subsection (b)(3)--
    (A) in subparagraph (A)--
    (i) by striking clause (i) and redesignating
    clauses (ii), (iii), and (iv) as clauses (i),
    (ii), and (iii), respectively;
    (ii) in clause (i) as redesignated by
    inserting ``, as appropriate,'' after ``require'';
    (iii) in clause (ii) as redesignated by
    inserting ``, as appropriate,'' after ``require'';
    and
    (iv) in clause (iii) as redesignated by
    inserting ``when appropriate,'' before ``make a
    reassessment'';
    (B) by striking subparagraph (B);
    (C) in subparagraph (F) by inserting ``, when
    appropriate,'' before ``approve''; and
    (D) by redesignating subparagraphs (C), (D), (E),
    and (F) as subparagraphs (B), (C), (D), and (E),
    respectively.

    (d) Technical Corrections.--
    (1) Section 44737.--Chapter 447 of title 49, United States
    Code, is further amended by redesignating the second section
    44737 (as added by section 581 of the FAA Reauthorization Act of
    2018) as section 44740.
    (2) Analysis.--The analysis for chapter 447 of title 49,
    United States Code <> , is amended--
    (A) by striking the item relating to the second
    section 44737 (as added by section 581 of the FAA
    Reauthorization Act of 2018); and
    (B) by inserting after the item relating to section
    44739 the following new items:

    ``44740. Special rule for certain aircraft operations.
    ``44741. Approval of organization designation authorization unit
    members.
    ``44742. Interference with the duties of organization designation
    authorization unit members.''.

    (3) Special rule for certain aircraft operations.--Section
    44740 of title 49, United States Code (as redesignated by
    paragraph (1)), is amended--
    (A) in the heading by striking the period at the
    end;
    (B) in subsection (a)(1) by striking ``chapter'' and
    inserting ``section'';
    (C) in subsection (b)(1) by striking ``(1)'' the
    second time it appears; and
    (D) in subsection (c)(2) by adding a period at the
    end.
    SEC. 108. <>  INTEGRATED PROJECT TEAMS.

    (a) In General.--Upon receipt of an application for a type
    certificate for a transport category airplane, the Administrator shall
    convene an interdisciplinary integrated project team responsible for
    coordinating review and providing advice and recommendations, as
    appropriate, to the Administrator on such application.
    (b) <>  Membership.--In convening an
    interdisciplinary integrated project team under subsection (a), the
    Administrator shall appoint employees of the Administration or other
    Federal agencies, such as the Air Force, Volpe National Transportation
    Systems Center,

    [[Page 2327]]

    or the National Aeronautics and Space Administration (with the
    concurrence of the head of such other Federal agency), with specialized
    expertise and experience in the fields of engineering, systems design,
    human factors, and pilot training, including, at a minimum--
    (1) not less than 1 designee of the Associate Administrator
    for Aviation Safety whose duty station is in the
    Administration's headquarters;
    (2) representatives of the Aircraft Certification Service of
    the Administration;
    (3) representatives of the Flight Standards Service of the
    Administration;
    (4) experts in the fields of human factors, aerodynamics,
    flight controls, software, and systems design; and
    (5) any other subject matter expert whom the Administrator
    determines appropriate.

    (c) Availability.--In order to carry out its duties with respect to
    the areas specified in subsection (d), a project team shall be available
    to the Administrator, upon request, at any time during the certification
    process.
    (d) Duties.--A project team shall advise the Administrator and make
    written recommendations to the Administrator, to be retained in the
    certification project file, including recommendations for any plans,
    analyses, assessments, and reports required to support and document the
    certification project, in the following areas associated with a new
    technology or novel design:
    (1) Initial review of design proposals proposed by the
    applicant and the establishment of the certification basis.
    (2) Identification of new technology, novel design, or
    safety critical design features or systems that are potentially
    catastrophic, either alone or in combination with another
    failure.
    (3) Determination of compliance findings, system safety
    assessments, and safety critical functions the Administration
    should retain in terms of new technology, novel design, or
    safety critical design features or systems.
    (4) Evaluation of the Administration's expertise or
    experience necessary to support the project.
    (5) Review and evaluation of an applicant's request for
    exceptions or exemptions from compliance with airworthiness
    standards codified in title 14 of the Code of Federal
    Regulations, as in effect on the date of application for the
    change.
    (6) Conduct of design reviews, procedure evaluations, and
    training evaluations.
    (7) Review of the applicant's final design documentation and
    other data to evaluate compliance with all relevant
    Administration regulations.

    (e) Documentation of FAA Response.--The Administrator shall provide
    a written response to each recommendation of each project team and shall
    retain such response in the certification project file.
    (f) <>  Report.--Not later than 1 year after the
    date of enactment of this section, and annually thereafter through
    fiscal year 2023, the Administrator shall submit to the congressional
    committees of jurisdiction a report on the establishment of each
    integrated project team in accordance with this section during such
    fiscal year, including the role and composition of each such project
    team.

    [[Page 2328]]

    SEC. 109. <>  OVERSIGHT INTEGRITY BRIEFING.

    Not later than 1 year after the date of enactment of this title, the
    Administrator shall brief the congressional committees of jurisdiction
    on specific measures the Administrator has taken to reinforce that each
    employee of the Administration responsible for overseeing an
    organization designation authorization with respect to the certification
    of aircraft perform such responsibility in accordance with safety
    management principles and in the public interest of aviation safety.
    SEC. 110. APPEALS OF CERTIFICATION DECISIONS.

    (a) In General.--Section 44704, of title 49, United States Code, as
    amended by section 105(b), is further amended by adding at the end the
    following:
    ``(g) Certification Dispute Resolution.--
    ``(1) Dispute resolution process and appeals.--
    ``(A) <>  In general.--Not later
    than 60 days after the date of enactment of this
    subsection, the Administrator shall issue an order
    establishing--
    ``(i) an effective, timely, and milestone-
    based issue resolution process for type
    certification activities under subsection (a); and
    ``(ii) a process by which a decision, finding
    of compliance or noncompliance, or other act of
    the Administration, with respect to compliance
    with design requirements, may be appealed by a
    covered person directly involved with the
    certification activities in dispute on the basis
    that such decision, finding, or act is erroneous
    or inconsistent with this chapter, regulations, or
    guidance materials promulgated by the
    Administrator, or other requirements.
    ``(B) Escalation.--The order issued under
    subparagraph (A) shall provide processes for--
    ``(i) resolution of technical issues at pre-
    established stages of the certification process,
    as agreed to by the Administrator and the type
    certificate applicant;
    ``(ii) automatic elevation to appropriate
    management personnel of the Administration and the
    type certificate applicant of any major
    certification process milestone that is not
    completed or resolved within a specific period of
    time agreed to by the Administrator and the type
    certificate applicant;
    ``(iii) resolution of a major certification
    process milestone elevated pursuant to clause (ii)
    within a specific period of time agreed to by the
    Administrator and the type certificate applicant;
    ``(iv) <>  initial review by
    appropriate Administration employees of any appeal
    described in subparagraph (A)(ii); and
    ``(v) <>  subsequent review of
    any further appeal by appropriate management
    personnel of the Administration and the Associate
    Administrator for Aviation Safety.
    ``(C) Disposition.--
    ``(i) Written decision.--The Associate
    Administrator for Aviation Safety shall issue a
    written decision

    [[Page 2329]]

    that states the grounds for the decision of the
    Associate Administrator on--
    ``(I) each appeal submitted under
    subparagraph (A)(ii); and
    ``(II) An appeal to the Associate
    Administrator submitted under
    subparagraph (B)(v).
    ``(ii) <>  Report to
    congress.--Not later than December 31 of each
    calendar year through calendar year 2025, the
    Administrator shall submit to the Committee on
    Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce,
    Science, and Transportation of the Senate a report
    summarizing each appeal resolved under this
    subsection.
    ``(D) Final review.--
    ``(i) In general.--A written decision of the
    Associate Administrator under subparagraph (C) may
    be appealed to the Administrator for a final
    review and determination.
    ``(ii) Decline to review.--The Administrator
    may decline to review an appeal initiated pursuant
    to clause (i).
    ``(iii) Judicial review.--No decision under
    this paragraph (including a decision to decline to
    review an appeal) shall be subject to judicial
    review.
    ``(2) Prohibited contacts.--
    ``(A) Prohibition generally.--During the course of
    an appeal under this subsection, no covered official may
    engage in an ex parte communication (as defined in
    section 551 of title 5) with an individual representing
    or acting on behalf of an applicant for, or holder of, a
    certificate under this section in relation to such
    appeal unless such communication is disclosed pursuant
    to subparagraph (B).
    ``(B) Disclosure.--If, during the course of an
    appeal under this subsection, a covered official engages
    in, receives, or is otherwise made aware of an ex parte
    communication, the covered official shall disclose such
    communication in the public record at the time of the
    issuance of the written decision under paragraph (1)(C),
    including the time and date of the communication,
    subject of communication, and all persons engaged in
    such communication.
    ``(3) Definitions.--In this subsection:
    ``(A) Covered person.--The term `covered person'
    means either--
    ``(i) an employee of the Administration whose
    responsibilities relate to the certification of
    aircraft, engines, propellers, or appliances; or
    ``(ii) an applicant for, or holder of, a type
    certificate or amended type certificate issued
    under this section.
    ``(B) Covered official.--The term `covered official'
    means the following officials:
    ``(i) The Executive Director or any Deputy
    Director of the Aircraft Certification Service.
    ``(ii) The Deputy Executive Director for
    Regulatory Operations of the Aircraft
    Certification Service.

    [[Page 2330]]

    ``(iii) The Director or Deputy Director of the
    Compliance and Airworthiness Division of the
    Aircraft Certification Service.
    ``(iv) The Director or Deputy Director of the
    System Oversight Division of the Aircraft
    Certification Service.
    ``(v) The Director or Deputy Director of the
    Policy and Innovation Division of the Aircraft
    Certification Service.
    ``(vi) The Executive Director or any Deputy
    Executive Director of the Flight Standards
    Service.
    ``(vii) The Associate Administrator or Deputy
    Associate Administrator for Aviation Safety.
    ``(viii) The Deputy Administrator of the
    Federal Aviation Administration.
    ``(ix) The Administrator of the Federal
    Aviation Administration.
    ``(x) <>  Any similarly
    situated or successor FAA management position to
    those described in clauses (i) through (ix), as
    determined by the Administrator.
    ``(C) Major certification process milestone.--The
    term `major certification process milestone' means a
    milestone related to the type certification basis, type
    certification plan, type inspection authorization, issue
    paper, or other major type certification activity agreed
    to by the Administrator and the type certificate
    applicant.
    ``(4) Rule of construction.--Nothing in this subsection
    shall apply to the communication of a good-faith complaint by
    any individual alleging--
    ``(A) gross misconduct;
    ``(B) a violation of title 18; or
    ``(C) a violation of any of the provisions of part
    2635 or 6001 of title 5, Code of Federal Regulations.''.

    (b) Conforming Amendment.--Section 44704(a) of title 49, United
    States Code, is amended by striking paragraph (6).
    SEC. 111. EMPLOYMENT RESTRICTIONS.

    (a) <>  Disqualification Based on Prior
    Employment.--An employee of the Administration with supervisory
    responsibility may not direct, conduct, or otherwise participate in
    oversight of a holder of a certificate issued under section 44704 of
    title 49, United States Code, that previously employed such employee in
    the preceding 1-year period.

    (b) Post-employment Restrictions.--Section 44711(d) of title 49,
    United States Code, is amended to read as follows:
    ``(d) Post-employment Restrictions for Inspectors and Engineers.--
    ``(1) Prohibition.--A person holding a certificate issued
    under part 21 or 119 of title 14, Code of Federal Regulations,
    may not knowingly employ, or make a contractual arrangement that
    permits, an individual to act as an agent or representative of
    such person in any matter before the Administration if the
    individual, in the preceding 2-year period--
    ``(A) served as, or was responsible for oversight
    of--
    ``(i) a flight standards inspector of the
    Administration; or
    ``(ii) an employee of the Administration with
    responsibility for certification functions with
    respect

    [[Page 2331]]

    to a holder of a certificate issued under section
    44704(a); and
    ``(B) had responsibility to inspect, or oversee
    inspection of, the operations of such person.
    ``(2) Written and oral communications.--For purposes of
    paragraph (1), an individual shall be considered to be acting as
    an agent or representative of a certificate holder in a matter
    before the Administration if the individual makes any written or
    oral communication on behalf of the certificate holder to the
    Administration (or any of its officers or employees) in
    connection with a particular matter, whether or not involving a
    specific party and without regard to whether the individual has
    participated in, or had responsibility for, the particular
    matter while serving as an individual covered under paragraph
    (1).''.
    SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, CONTINUING
    EDUCATION AND TRAINING.

    (a) In General.--Chapter 445 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44519. <>  Certification personnel
    continuing education and training

    ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall--
    ``(1) develop a program for regular recurrent training of
    engineers, inspectors, and other subject-matter experts employed
    in the Aircraft Certification Service of the Administration in
    accordance with the training strategy developed pursuant to
    section 231 of the FAA Reauthorization Act of 2018 (Public Law
    115-254; 132 Stat. 3256);
    ``(2) to the maximum extent practicable, implement measures,
    including assignments in multiple divisions of the Aircraft
    Certification Service, to ensure that such engineers and other
    subject-matter experts in the Aircraft Certification Service
    have access to diverse professional opportunities that expand
    their knowledge and skills;
    ``(3) develop a program to provide continuing education and
    training to Administration personnel who hold positions
    involving aircraft certification and flight standards, including
    human factors specialists, engineers, flight test pilots,
    inspectors, and, as determined appropriate by the Administrator,
    industry personnel who may be responsible for compliance
    activities including designees; and
    ``(4) <>  in consultation with outside
    experts, develop--
    ``(A) an education and training curriculum on
    current and new aircraft technologies, human factors,
    project management, and the roles and responsibilities
    associated with oversight of designees; and
    ``(B) <>  recommended
    practices for compliance with Administration
    regulations.

    ``(b) Implementation.--The Administrator shall, to the maximum
    extent practicable, ensure that actions taken pursuant to subsection
    (a)--
    ``(1) permit engineers, inspectors, and other subject matter
    experts to continue developing knowledge of, and expertise in,
    new and emerging technologies in systems design, flight

    [[Page 2332]]

    controls, principles of aviation safety, system oversight, and
    certification project management;
    ``(2) minimize the likelihood of an individual developing an
    inappropriate bias toward a designer or manufacturer of
    aircraft, aircraft engines, propellers, or appliances;
    ``(3) are consistent with any applicable collective
    bargaining agreements; and
    ``(4) account for gaps in knowledge and skills (as
    identified by the Administrator in consultation with the
    exclusive bargaining representatives certified under section
    7111 of title 5, United States Code) between Administration
    employees and private-sector employees for each group of
    Administration employees covered under this section.

    ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator, $10,000,000 for each of fiscal years
    2021 through 2023 to carry out this section. Amounts appropriated under
    the preceding sentence for any fiscal year shall remain available until
    expended.''.
    (b) Table of Contents.--The analysis for chapter 445 of title 49,
    United States Code, <> is amended by
    inserting after the item relating to section 44518 the following:

    ``44519. Certification personnel continuing education and training.''.

    SEC. 113. <>  VOLUNTARY SAFETY REPORTING
    PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall establish a voluntary safety
    reporting program for engineers, safety inspectors, systems safety
    specialists, and other subject matter experts certified under section
    7111 of title 5, United States Code, to confidentially report instances
    where they have identified safety concerns during certification or
    oversight processes.
    (b) Safety Reporting Program Requirements.--In establishing the
    safety reporting program under subsection (a), the Administrator shall
    ensure the following:
    (1) The FAA maintains a reporting culture that encourages
    human factors specialists, engineers, flight test pilots,
    inspectors, and other appropriate FAA employees to voluntarily
    report safety concerns.
    (2) The safety reporting program is non-punitive,
    confidential, and protects employees from adverse employment
    actions related to their participation in the program.
    (3) The safety reporting program identifies exclusionary
    criteria for the program.
    (4) Collaborative development of the program with bargaining
    representatives of employees under section 7111 of title 5,
    United States Code, who are employed in the Aircraft
    Certification Service or Flight Standards Service of the
    Administration (or, if unable to reach an agreement
    collaboratively, the Administrator shall negotiate with the
    representatives in accordance with section 40122(a) of title 49,
    United States Code, regarding the development of the program).
    (5) Full and collaborative participation in the program by
    the bargaining representatives of employees described in
    paragraph (4).

    [[Page 2333]]

    (6) <>  The Administrator
    thoroughly reviews safety reports to determine whether there is
    a safety issue, including a hazard, defect, noncompliance,
    nonconformance, or process error.
    (7) <>  The Administrator
    thoroughly reviews safety reports to determine whether any
    aircraft certification process contributed to the safety concern
    being raised.
    (8) The creation of a corrective action process in order to
    address safety issues that are identified through the program.

    (c) <> Outcomes.--Results of safety report reviews
    under this section may be used to--
    (1) improve--
    (A) safety systems, hazard control, and risk
    reduction;
    (B) certification systems;
    (C) FAA oversight;
    (D) compliance and conformance; and
    (E) any other matter determined necessary by the
    Administrator; and
    (2) implement lessons learned.

    (d) <>  Report Filing.--The Administrator shall
    establish requirements for when in the certification process reports may
    be filed to--
    (1) ensure that identified issues can be addressed in a
    timely manner; and
    (2) foster open dialogue between applicants and FAA
    employees throughout the certification process.

    (e) Integration With Other Safety Reporting Programs.--The
    Administrator shall implement the safety reporting program established
    under subsection (a) and the reporting requirements established pursuant
    to subsection (d) in a manner that is consistent with other voluntary
    safety reporting programs administered by the Administrator.
    (f) Report to Congress.--Not later than 2 years after the date of
    enactment of this title, and annually thereafter through fiscal year
    2023, the Administrator shall submit to the congressional committees of
    jurisdiction a report on the effectiveness of the safety reporting
    program established under subsection (a).
    SEC. 114. COMPENSATION LIMITATION.

    Section 106(l) of title 49, United States Code, is amended by adding
    at the end the following:
    ``(7) Prohibition on certain performance-based incentives.--
    No employee of the Administration shall be given an award,
    financial incentive, or other compensation, as a result of
    actions to meet performance goals related to meeting or
    exceeding schedules, quotas, or deadlines for certificates
    issued under section 44704.''.
    SEC. 115. <>  SYSTEM SAFETY ASSESSMENTS
    AND OTHER REQUIREMENTS.

    (a) <>  In General.--Not later than 2
    years after the date of enactment of this title, the Administrator shall
    issue such regulations as are necessary to amend part 25 of title 14,
    Code of Federal Regulations, and any associated advisory circular,
    guidance, or policy of the Administration, in accordance with this
    section.

    (b) System Safety Assessments and Other Requirements.--In developing
    regulations under subsection (a), the Administrator shall--

    [[Page 2334]]

    (1) require an applicant for an amended type certificate for
    a transport airplane to--
    (A) perform a system safety assessment with respect
    to each proposed design change that the Administrator
    determines is significant, with such assessment
    considering the airplane-level effects of individual
    errors, malfunctions, or failures and realistic pilot
    response times to such errors, malfunctions, or
    failures;
    (B) update such assessment to account for each
    subsequent proposed design change that the Administrator
    determines is significant;
    (C) provide appropriate employees of the
    Administration with the data and assumptions underlying
    each assessment and amended assessment; and
    (D) provide for document traceability and clarity of
    explanations for changes to aircraft type designs and
    system safety assessment certification documents; and
    (2) work with other civil aviation authorities representing
    states of design to ensure such regulations remain harmonized
    internationally.

    (c) Guidance.--Guidance or an advisory circular issued under
    subsection (a) shall, at minimum--
    (1) emphasize the importance of clear documentation of the
    technical details and failure modes and effects of a design
    change described in subsection (b)(1); and
    (2) ensure appropriate review of any change that results in
    a functional hazard assessment classification of major or
    greater, as such term is defined in FAA Advisory Circular
    25.1309-1A (or any successor or replacement document).

    (d) FAA Review.--Appropriate employees of the Aircraft Certification
    Service and the Flight Standards Service of the Administration shall
    review each system safety assessment required under subsection
    (b)(1)(A), updated assessment required under subsection (b)(1)(B), and
    supporting data and assumptions required under subsection (b)(1)(C), to
    ensure that each such assessment sufficiently addresses the
    considerations listed in subsection (b)(1)(A).
    SEC. 116. <>  FLIGHT CREW ALERTING.

    (a) <>  In General.--Not later than 1 year after
    the date of enactment of this title, the Administrator shall implement
    National Transportation Safety Board recommendations A-19-11 and A-19-12
    (as contained in the safety recommendation report adopted on September
    9, 2019).

    (b) <> Prohibition.--Beginning on the date
    that is 2 years after the date of enactment of this title, the
    Administrator may not issue a type certificate for a transport category
    aircraft unless--
    (1) in the case of a transport airplane, such airplane
    incorporates a flight crew alerting system that, at a minimum,
    displays and differentiates among warnings, cautions, and
    advisories, and includes functions to assist the flight crew in
    prioritizing corrective actions and responding to systems
    failures; or
    (2) in the case of a transport category aircraft other than
    a transport airplane, the type certificate applicant provides a
    means acceptable to the Administrator to assist the flight crew
    in prioritizing corrective actions and responding to systems
    failures (including by cockpit or flight manual procedures).

    [[Page 2335]]

    (c) Existing Airplane Designs.--It is the sense of Congress that the
    FAA shall ensure that any system safety assessment with respect to the
    Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in
    National Transportation Safety Board recommendation A-19-10, is
    conducted in accordance with such recommendation.
    SEC. 117. <>  CHANGED PRODUCT RULE.

    (a) Review and Reevaluation of Amended Type Certificates.--
    (1) International leadership.--The Administrator shall
    exercise leadership in the creation of international policies
    and standards relating to the issuance of amended type
    certificates within the Certification Management Team.
    (2) Reevaluation of amended type certificates.--In carrying
    out this subsection, the Administrator shall--
    (A) encourage Certification Management Team members
    to examine and address any relevant covered
    recommendations (as defined in section 121(c)) relating
    to the issuance of amended type certificates;
    (B) reevaluate existing assumptions and practices
    inherent in the amended type certificate process and
    assess whether such assumptions and practices are valid;
    and
    (C) ensure, to the greatest extent practicable, that
    Federal regulations relating to the issuance of amended
    type certificates are harmonized with the regulations of
    other international states of design.

    (b) Amended Type Certificate Report and Rulemaking.--
    (1) <>  Briefings.--Not later than 12
    months after the date of enactment of this title, and annually
    thereafter through fiscal year 2023, the Administrator shall
    brief the congressional committees of jurisdiction on the work
    and status of the development of such recommendations by the
    Certification Management Team.
    (2) <>  Initiation of action.--Not later
    than 2 years after the date of enactment of this title, the
    Administrator shall take action to revise and improve the
    process of issuing amended type certificates in accordance with
    this section. Such action shall include, at minimum--
    (A) initiation of a rulemaking proceeding; and
    (B) development or revision of guidance and training
    materials.
    (3) Contents.--In taking actions required under paragraph
    (2), the Administrator shall do the following:
    (A) Ensure that proposed changes to an aircraft are
    evaluated from an integrated whole aircraft system
    perspective that examines the integration of proposed
    changes with existing systems and associated impacts.
    (B) Define key terms used for the changed product
    process under sections 21.19 and 21.101 of title 14,
    Code of Federal Regulations.
    (C) Consider--
    (i) the findings and work of the Certification
    Management Team and other similar international
    harmonization efforts;
    (ii) any relevant covered recommendations (as
    defined in section 121(c)); and

    [[Page 2336]]

    (iii) whether a fixed time beyond which a type
    certificate may not be amended would improve
    aviation safety.
    (D) Establish the extent to which the following
    design characteristics should preclude the issuance of
    an amended type certificate:
    (i) A new or revised flight control system.
    (ii) Any substantial changes to aerodynamic
    stability resulting from a physical change that
    may require a new or modified software system or
    control law in order to produce positive and
    acceptable stability and handling qualities.
    (iii) A flight control system or augmented
    software to maintain aerodynamic stability in any
    portion of the flight envelope that was not
    required for a previously certified derivative.
    (iv) A change in structural components (other
    than a stretch or shrink of the fuselage) that
    results in a change in structural load paths or
    the magnitude of structural loads attributed to
    flight maneuvers or cabin pressurization.
    (v) A novel or unusual system, component, or
    other feature whose failure would present a
    hazardous or catastrophic risk.
    (E) Develop objective criteria for helping to
    determine what constitutes a substantial change and a
    significant change.
    (F) Implement mandatory aircraft-level reviews
    throughout the certification process to validate the
    certification basis and assumptions.
    (G) Require maintenance of relevant records of
    agreements between the FAA and an applicant that affect
    certification documentation and deliverables.
    (H) Ensure appropriate documentation of any
    exception or exemption from airworthiness requirements
    codified in title 14 of the Code of Federal Regulations,
    as in effect on the date of application for the change.
    (4) Guidance materials.--The Administrator shall consider
    the following when developing orders and regulatory guidance,
    including advisory circulars, where appropriate:
    (A) Early FAA involvement and feedback paths in the
    aircraft certification process to ensure the FAA is
    aware of changes to design assumptions and product
    design impacting a changed product assessment.
    (B) Presentation to the FAA of new technology, novel
    design, or safety critical features or systems,
    initially and throughout the certification process, when
    development and certification prompt design or
    compliance method revision.
    (C) Examples of key terms used for the changed
    product process under sections 21.19 and 21.101 of title
    14, Code of Federal Regulations.
    (D) Type certificate data sheet improvements to
    accurately state which regulations and amendment level
    the aircraft complies to and when compliance is limited
    to a subset of the aircraft.
    (E) Policies to guide applicants on proper
    visibility, clarity, and consistency of key design and
    compliance

    [[Page 2337]]

    information that is submitted for certification,
    particularly with new design features.
    (F) The creation, validation, and implementation of
    analytical tools appropriate for the analysis of complex
    system for the FAA and applicants.
    (G) Early coordination processes with the FAA for
    the functional hazard assessments validation and
    preliminary system safety assessments review.
    (5) Training materials.--The Administrator shall--
    (A) develop training materials for establishing the
    certification basis for changed aeronautical products
    pursuant to section 21.101 of title 14, Code of Federal
    Regulations, applications for a new type certificate
    pursuant to section 21.19 of such title, and the
    regulatory guidance developed as a result of the
    rulemaking conducted pursuant to paragraph (2); and
    (B) procedures for disseminating such materials to
    implementing personnel of the FAA, designees, and
    applicants.
    (6) Certification management team defined.--In this section,
    the term ``Certification Management Team'' means the team
    framework under which the FAA, the European Aviation Safety
    Agency, the Transport Canada Civil Aviation, and the National
    Civil Aviation Agency of Brazil, manage the technical, policy,
    certification, manufacturing, export, and continued
    airworthiness issues common among the 4 authorities.
    (7) Deadline.--The Administrator shall finalize the actions
    initiated under paragraph (2) not later than 3 years after the
    date of enactment of this title.

    (c) International Leadership.--The Administrator shall exercise
    leadership within the ICAO and among other civil aviation regulators
    representing states of aircraft design to advocate for the adoption of
    an amended changed product rule on a global basis, consistent with ICAO
    standards.
    SEC. 118. WHISTLEBLOWER PROTECTIONS.

    Section 42121 of title 49, United States Code, is amended--
    (1) by striking subsection (a) and inserting the following:

    ``(a) Prohibited Discrimination.--A holder of a certificate under
    section 44704 or 44705 of this title, or a contractor, subcontractor, or
    supplier of such holder, may not discharge an employee or otherwise
    discriminate against an employee with respect to compensation, terms,
    conditions, or privileges of employment because the employee (or any
    person acting pursuant to a request of the employee)--
    ``(1) provided, caused to be provided, or is about to
    provide (with any knowledge of the employer) or cause to be
    provided to the employer or Federal Government information
    relating to any violation or alleged violation of any order,
    regulation, or standard of the Federal Aviation Administration
    or any other provision of Federal law relating to aviation
    safety under this subtitle or any other law of the United
    States;
    ``(2) has filed, caused to be filed, or is about to file
    (with any knowledge of the employer) or cause to be filed a
    proceeding relating to any violation or alleged violation of any
    order, regulation, or standard of the Federal Aviation
    Administration or

    [[Page 2338]]

    any other provision of Federal law relating to aviation safety
    under this subtitle or any other law of the United States;
    ``(3) testified or is about to testify in such a proceeding;
    or
    ``(4) assisted or participated or is about to assist or
    participate in such a proceeding.'';
    (2) by striking subsection (d) and inserting the following:

    ``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
    shall not apply with respect to an employee of a holder of a certificate
    issued under section 44704 or 44705, or a contractor or subcontractor
    thereof, who, acting without direction from such certificate-holder,
    contractor, or subcontractor (or such person's agent), deliberately
    causes a violation of any requirement relating to aviation safety under
    this subtitle or any other law of the United States.''; and
    (3) by striking subsection (e) and inserting the following:

    ``(e) Contractor Defined.--In this section, the term `contractor'
    means--
    ``(1) a person that performs safety-sensitive functions by
    contract for an air carrier or commercial operator; or
    ``(2) a person that performs safety-sensitive functions
    related to the design or production of an aircraft, aircraft
    engine, propeller, appliance, or component thereof by contract
    for a holder of a certificate issued under section 44704.''.
    SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.

    (a) In General.--Chapter 447 of title 49, United States Code, as
    amended by section 107, is further amended by adding at the end the
    following:
    ``Sec. 44743. <>  Pilot training requirements

    ``(a) In General.--
    ``(1) <>  Administrator's determination.--In
    establishing any pilot training requirements with respect to a
    new transport airplane, the Administrator of the Federal
    Aviation Administration shall independently review any proposal
    by the manufacturer of such airplane with respect to the scope,
    format, or minimum level of training required for operation of
    such airplane.
    ``(2) Assurances and marketing representations.--Before the
    Administrator has established applicable training requirements,
    an applicant for a new or amended type certificate for an
    airplane described in paragraph (1) may not, with respect to the
    scope, format, or magnitude of pilot training for such
    airplane--
    ``(A) make any assurance or other contractual
    commitment, whether verbal or in writing, to a potential
    purchaser of such airplane unless a clear and
    conspicuous disclaimer (as defined by the Administrator)
    is included regarding the status of training required
    for operation of such airplane; or
    ``(B) provide financial incentives (including
    rebates) to a potential purchaser of such airplane
    regarding the scope, format, or magnitude of pilot
    training for such airplane.

    ``(b) <>  Pilot Response Time.--Beginning on
    the day after the date on which regulations are issued under section
    119(c)(6) of the Aircraft Certification, Safety, and Accountability Act,
    the

    [[Page 2339]]

    Administrator may not issue a new or amended type certificate for an
    airplane described in subsection (a) unless the applicant for such
    certificate has demonstrated to the Administrator that the applicant has
    accounted for realistic assumptions regarding the time for pilot
    responses to non-normal conditions in designing the systems and
    instrumentation of such airplane. Such assumptions shall--
    ``(1) be based on test data, analysis, or other technical
    validation methods; and
    ``(2) account for generally accepted scientific consensus
    among experts in human factors regarding realistic pilot
    response time.

    ``(c) Definition.--In this section, the term `transport airplane'
    means a transport category airplane designed for operation by an air
    carrier or foreign air carrier type-certificated with a passenger
    seating capacity of 30 or more or an all-cargo or combi derivative of
    such an airplane.''.
    (b) Conforming Amendment.--The analysis for chapter 447 of title 49,
    United States Code, <>  is further amended by
    adding at the end the following:

    ``44743. Pilot training requirements.''.

    (c) <>  Expert Safety Review.--
    (1) <>  In general.--Not later than 30 days
    after the date of enactment of this title, the Administrator
    shall initiate an expert safety review of assumptions relied
    upon by the Administration and manufacturers of transport
    category aircraft in the design and certification of such
    aircraft.
    (2) Contents.--The expert safety review required under
    paragraph (1) shall include--
    (A) a review of Administration regulations,
    guidance, and directives related to pilot response
    assumptions relied upon by the FAA and manufacturers of
    transport category aircraft in the design and
    certification of such aircraft, and human factors and
    human system integration, particularly those related to
    pilot and aircraft interfaces;
    (B) a focused review of the assumptions relied on
    regarding the time for pilot responses to non-normal
    conditions in designing such aircraft's systems and
    instrumentation, including responses to safety-
    significant failure conditions and failure scenarios
    that trigger multiple, and possibly conflicting,
    warnings and alerts;
    (C) a review of human factors assumptions with
    applicable operational data, human factors research and
    the input of human factors experts and FAA operational
    data, and as appropriate, recommendations for
    modifications to existing assumptions;
    (D) a review of revisions made to the airman
    certification standards for certificates over the last 4
    years, including any possible effects on pilot
    competency in basic manual flying skills;
    (E) consideration of the global nature of the
    aviation marketplace, varying levels of pilot
    competency, and differences in pilot training programs
    worldwide;
    (F) a process for aviation stakeholders, including
    pilots, airlines, inspectors, engineers, test pilots,
    human factors

    [[Page 2340]]

    experts, and other aviation safety experts, to provide
    and discuss any observations, feedback, and best
    practices;
    (G) a review of processes currently in place to
    ensure that when carrying out the certification of a new
    aircraft type, or an amended type, the cumulative
    effects that new technologies, and the interaction
    between new technologies and unchanged systems for an
    amended type certificate, may have on pilot interactions
    with aircraft systems are properly assessed through
    system safety assessments or otherwise; and
    (H) a review of processes currently in place to
    account for any necessary adjustments to system safety
    assessments, pilot procedures and training requirements,
    or design requirements when there are changes to the
    assumptions relied upon by the Administration and
    manufacturers of transport category aircraft in the
    design and certification of such aircraft.
    (3) Report and recommendations.--Not later than 30 days
    after the conclusion of the expert safety review pursuant to
    paragraph (1), the Administrator shall submit to the
    congressional committees of jurisdiction a report on the results
    of the review, including any recommendations for actions or best
    practices to ensure the FAA and the manufacturers of transport
    category aircraft have accounted for pilot response assumptions
    to be relied upon in the design and certification of transport
    category aircraft and tools or methods identified to better
    integrate human factors throughout the process for such
    certification.
    (4) <>  International
    engagement.--The Administrator shall notify other international
    regulators that certify transport category aircraft type designs
    of the expert panel report and encourage them to review the
    report and evaluate their regulations and processes in light of
    the recommendations included in the report.
    (5) Termination.--The expert safety review shall end upon
    submission of the report required pursuant to paragraph (3).
    (6) Regulations.--The Administrator shall issue or update
    such regulations as are necessary to implement the
    recommendations of the expert safety review that the
    Administrator determines are necessary to improve aviation
    safety.

    (d) Call to Action on Airman Certification Standards.--
    (1) <> In general.--Not later than 60 days
    after the date of enactment of this title, the Administrator
    shall initiate a call to action safety review of pilot
    certification standards in order to bring stakeholders together
    to share lessons learned, best practices, and implement actions
    to address any safety issues identified.
    (2) Contents.--The call to action safety review required
    under paragraph (1) shall include--
    (A) a review of Administration regulations,
    guidance, and directives related to the pilot
    certification standards, including the oversight of
    those processes;
    (B) <>  a review of revisions
    made to the pilot certification standards for
    certificates over the last 5 years, including any
    possible effects on pilot competency in manual flying
    skills and effectively managing automation to improve
    safety; and

    [[Page 2341]]

    (C) a process for aviation stakeholders, including
    aviation students, instructors, designated pilot
    examiners, pilots, airlines, labor, and aviation safety
    experts, to provide and discuss any observations,
    feedback, and best practices.
    (3) Report and recommendations.--Not later than 90 days
    after the conclusion of the call to action safety review
    pursuant to paragraph (1), the Administrator shall submit to the
    congressional committees of jurisdiction a report on the results
    of the review, any recommendations for actions or best practices
    to ensure pilot competency in basic manual flying skills and in
    effective management of automation, and actions the
    Administrator will take in response to the recommendations.

    (e) <>  International Pilot Training.--
    (1) In general.--The Secretary of Transportation, the
    Administrator, and other appropriate officials of the Government
    shall exercise leadership in setting global standards to improve
    air carrier pilot training and qualifications for--
    (A) monitoring and managing the behavior and
    performance of automated systems;
    (B) controlling the flightpath of aircraft without
    autoflight systems engaged;
    (C) effectively utilizing and managing autoflight
    systems, when appropriate;
    (D) effectively identifying situations in which the
    use of autoflight systems is appropriate and when such
    use is not appropriate; and
    (E) recognizing and responding appropriately to non-
    normal conditions.
    (2) International leadership.--The Secretary, the
    Administrator, and other appropriate officials of the Government
    shall exercise leadership under paragraph (1) by working with--
    (A) foreign counterparts of the Administrator in the
    ICAO and its subsidiary organizations;
    (B) other international organizations and fora; and
    (C) the private sector.
    (3) Considerations.--In exercising leadership under
    paragraph (1), the Secretary, the Administrator, and other
    appropriate officials of the Government shall consider--
    (A) the latest information relating to human
    factors;
    (B) aircraft manufacturing trends, including those
    relating to increased automation in the cockpit;
    (C) the extent to which cockpit automation improves
    aviation safety and introduces novel risks;
    (D) the availability of opportunities for pilots to
    practice manual flying skills;
    (E) the need for consistency in maintaining and
    enhancing manual flying skills worldwide;
    (F) recommended practices of other countries that
    enhance manual flying skills and automation management;
    and
    (G) whether a need exists for initial and recurrent
    training standards for improve pilots' proficiency in
    manual flight and in effective management of autoflight
    systems.
    (4) Congressional briefing.--The Secretary, the
    Administrator, and other appropriate officials of the Government
    shall

    [[Page 2342]]

    provide to the congressional committees of jurisdiction regular
    briefings on the status of efforts undertaken pursuant to this
    subsection.

    (f) International Aviation Safety.--Section 40104(b) of title 49,
    United States Code, is amended--
    (1) by striking ``The Administrator shall'' and inserting
    the following:
    ``(1) In general.--The Administrator shall''; and
    (2) by adding at the end the following:
    ``(2) Bilateral and multilateral engagement; technical
    assistance.--The Administrator shall--
    ``(A) <>  in consultation with
    the Secretary of State, engage bilaterally and
    multilaterally, including with the International Civil
    Aviation Organization, on an ongoing basis to bolster
    international collaboration, data sharing, and
    harmonization of international aviation safety
    requirements including through--
    ``(i) sharing of continued operational safety
    information;
    ``(ii) prioritization of pilot training
    deficiencies, including manual flying skills and
    flight crew training, to discourage over reliance
    on automation, further bolstering the components
    of airmanship;
    ``(iii) encouraging the consideration of the
    safety advantages of appropriate Federal
    regulations, which may include relevant Federal
    regulations pertaining to flight crew training
    requirements; and
    ``(iv) prioritizing any other flight crew
    training areas that the Administrator believes
    will enhance all international aviation safety;
    and
    ``(B) seek to expand technical assistance provided
    by the Federal Aviation Administration in support of
    enhancing international aviation safety, including by--
    ``(i) promoting and enhancing effective
    oversight systems, including operational safety
    enhancements identified through data collection
    and analysis;
    ``(ii) promoting and encouraging compliance
    with international safety standards by counterpart
    civil aviation authorities;
    ``(iii) minimizing cybersecurity threats and
    vulnerabilities across the aviation ecosystem;
    ``(iv) supporting the sharing of safety
    information, best practices, risk assessments, and
    mitigations through established international
    aviation safety groups; and
    ``(v) providing technical assistance on any
    other aspect of aviation safety that the
    Administrator determines is likely to enhance
    international aviation safety.''.
    (3) Authorization of appropriations.--There is authorized to
    be appropriated to the Administrator, $2,000,000 for each of
    fiscal years 2021 through 2023, to carry out section 40104(b)(2)
    of title 49, United States Code (as added by paragraph (2)).

    (g) Assistance to Foreign Aviation Authorities.--
    (1) In general.--Section 40113(e)(1) of title 49, United
    States Code, is amended by inserting ``The Administrator may

    [[Page 2343]]

    also provide technical assistance related to all aviation
    safety-related training and operational services in connection
    with bilateral and multilateral agreements, including further
    bolstering the components of airmanship.'' after the first
    sentence.
    (2) Authorization of appropriations.--Section 40113(e) of
    title 49, United States Code, is amended by adding at the end
    the following:
    ``(5) Authorization of appropriations.--There is authorized
    to be appropriated to the Administrator, $5,000,000 for each of
    fiscal years 2021 through 2023, to carry out this subsection.
    Amounts appropriated under the preceding sentence for any fiscal
    year shall remain available until expended.''.

    (h) Sense of Congress Regarding International Pilot Training
    Standards.--
    (1) Findings.--Congress makes the following findings:
    (A) Increased reliance on automation in commercial
    aviation risks a degradation of pilot skills in flight
    path management using manual flight control.
    (B) Manual flight skills are essential for pilot
    confidence and competence.
    (C) During the 40th Assembly of ICAO, the United
    States, Canada, Peru, and Trinidad and Tobago presented
    a working paper titled, ``Pilot Training Improvements to
    Address Automation Dependency''.
    (D) The working paper outlines recommendations for
    the Assembly to mitigate the consequences of automation
    dependency, including identifying competency
    requirements for flight path management using manual
    flight control and assessing the need for new or amended
    international standards or guidance.
    (2) Sense of congress.--It is the sense of Congress that, as
    soon as practicable--
    (A) the recommendations included in the working
    paper titled ``Pilot Training Improvements to Address
    Automation Dependency'' offered by the United States at
    the 40th Assembly of ICAO should be made a priority by
    the Assembly; and
    (B) the United States should work with ICAO and
    other international aviation safety groups, further
    bolstering the components of airmanship.
    SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.

    Section 44704(d) of title 49, United States Code, is amended by
    adding at the end the following:
    ``(3) Nonconformity with approved type design.--
    ``(A) In general.--Consistent with the requirements
    of paragraph (1), a holder of a production certificate
    for an aircraft may not present a nonconforming
    aircraft, either directly or through the registered
    owner of such aircraft or a person described in
    paragraph (2), to the Administrator for issuance of an
    initial airworthiness certificate.
    ``(B) Civil penalty.--Notwithstanding section 46301,
    a production certificate holder who knowingly violates
    subparagraph (A) shall be liable to the Administrator
    for a civil penalty of not more than $1,000,000 for each
    nonconforming aircraft.

    [[Page 2344]]

    ``(C) <>  Penalty
    considerations.--In determining the amount of a civil
    penalty under subparagraph (B), the Administrator shall
    consider--
    ``(i) the nature, circumstances, extent, and
    gravity of the violation, including the length of
    time the nonconformity was known by the holder of
    a production certificate but not disclosed; and
    ``(ii) with respect to the violator, the
    degree of culpability, any history of prior
    violations, and the size of the business concern.
    ``(D) Nonconforming aircraft defined.--In this
    paragraph, the term `nonconforming aircraft' means an
    aircraft that does not conform to the approved type
    design for such aircraft type.''.
    SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.

    (a) <> In General.--Not later than 1 year after the
    date of enactment of this title, the Administrator shall submit a report
    to the congressional committees of jurisdiction on the status of the
    Administration's implementation of covered recommendations.

    (b) Contents.--The report required under subsection (a) shall
    contain, at a minimum--
    (1) <>  a list and description of all covered
    recommendations;
    (2) <>  a determination of whether the
    Administrator concurs, concurs in part, or does not concur with
    each covered recommendation;
    (3) <>  an implementation plan
    and schedule for all covered recommendations the Administrator
    concurs or concurs in part with; and
    (4) for each covered recommendation with which the
    Administrator does not concur (in whole or in part), a detailed
    explanation as to why.

    (c) Covered Recommendations Defined.--In this section, the term
    ``covered recommendations'' means recommendations made by the following
    entities in any review initiated in response to the accident of Lion Air
    flight 610 on October 29, 2018, or Ethiopian Airlines flight 302 on
    March 10, 2019, that recommend Administration action:
    (1) The National Transportation Safety Board.
    (2) The Joint Authorities Technical Review.
    (3) The inspector general of the Department of
    Transportation.
    (4) The Safety Oversight and Certification Advisory
    Committee, or any special committee thereof.
    (5) Any other entity the Administrator may designate.
    SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.

    (a) <>  In General.--Not later than
    180 days after the date of enactment of this title, the Administrator
    shall establish an Executive Council within the Administration to
    oversee the use and effectiveness across program offices of the
    Administration's Compliance Program, described in Order 8000.373A dated
    October 31, 2018.

    (b) Compliance Program Oversight.--The Executive Council established
    under this section shall--
    (1) <>  monitor, collect, and analyze data
    on the use of the Compliance Program across program offices of
    the Administration, including data on enforcement actions and
    compliance

    [[Page 2345]]

    actions pursued against regulated entities by such program
    offices;
    (2) <>  conduct
    an evaluation of the Compliance Program, not less frequently
    than annually each calendar year through 2023, to assess the
    functioning and effectiveness of such program in meeting the
    stated goals and purpose of the program;
    (3) <>  provide reports to the Administrator
    containing the results of any evaluation conducted under
    paragraph (2), including identifying in such report any
    nonconformities or deficiencies in the implementation of the
    program and compliance of regulated entities with safety
    standards of the Administration;
    (4) <>  make recommendations to
    the Administrator on regulations, guidance, performance
    standards or metrics, or other controls that should be issued by
    the Administrator to improve the effectiveness of the Compliance
    Program in meeting the stated goals and purpose of the program
    and to ensure the highest levels of aviation safety; and
    (5) carry out any other oversight duties with respect to
    implementation of the Compliance Program and assigned by the
    Administrator.

    (c) Executive Council.--
    (1) Executive council membership.--The Executive Council
    shall be comprised of representatives from each program office
    with regulatory responsibility as provided in Order 8000.373A.
    (2) <> Chairperson.--The Executive
    Council shall be chaired by a person, who shall be appointed by
    the Administrator and shall report directly to the
    Administrator.
    (3) Independence.--The Secretary of Transportation, the
    Administrator, or any officer or employee of the Administration
    may not prevent or prohibit the chair of the Executive Council
    from performing the activities described in this section or from
    reporting to Congress on such activities.
    (4) Duration.--The Executive Council shall terminate on
    October 1, 2023.

    (d) <>  Annual Briefing.--Each calendar year
    through 2023, the chair of the Executive Council shall provide a
    briefing to the congressional committees of jurisdiction on the
    effectiveness of the Administration's Compliance Program in meeting the
    stated goals and purpose of the program and the activities of the office
    described in subsection (b), including any reports and recommendations
    made by the office during the preceding calendar year.
    SEC. 123. SETTLEMENT AGREEMENT.

    (a) Sense of Congress.--It is the sense of Congress that the
    Administrator should fully exercise all rights and pursue all remedies
    available to the Administrator under any settlement agreement between
    the Administration and the holder of a type certificate and production
    certificate for transport airplanes executed on December 18, 2015,
    including a demand for full payment of any applicable civil penalties
    deferred under such agreement, if the Administrator concludes that such
    holder has not fully performed all obligations incurred under such
    agreement.
    (b) <>  Congressional Briefing.--Not later than 60
    days after the date of enactment of this title, and every 6 months
    thereafter

    [[Page 2346]]

    until a certificate holder described in subsection (a) has fully
    performed all obligations incurred by such certificate holder under such
    settlement agreement, the Administrator shall brief the congressional
    committees of jurisdiction on action taken consistent with subsection
    (a).
    SEC. 124. <>  HUMAN FACTORS EDUCATION
    PROGRAM.

    (a) Human Factors Education Program.--
    (1) In general.--The Administrator shall develop a human
    factors education program that addresses the effects of modern
    flight deck systems, including automated systems, on human
    performance for transport airplanes and the approaches for
    better integration of human factors in aircraft design and
    certification.
    (2) Target audience.--The human factors education program
    shall be integrated into the training protocols (as in existence
    as of the date of enactment of this title) for, and be routinely
    administered to, the following:
    (A) Appropriate employees within the Flight
    Standards Service.
    (B) Appropriate employees within the Aircraft
    Certification Service.
    (C) <>  Other employees or
    authorized representatives determined to be necessary by
    the Administrator.

    (b) Transport Airplane Manufacturer Information Sharing.--The
    Administrator shall--
    (1) <>  require each transport airplane
    manufacturer to provide the Administrator with the information
    or findings necessary for flight crew to be trained on flight
    deck systems;
    (2) ensure the information or findings under paragraph (1)
    adequately includes consideration of human factors; and
    (3) ensure that each transport airplane manufacturer
    identifies any technical basis, justification or rationale for
    the information and findings under paragraph (1).
    SEC. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION
    AUTHORIZATIONS.

    (a) In General.--Section 213 of the FAA Reauthorization Act of 2018
    (Public Law 115-254, 132 Stat. 3249) <> is
    amended--
    (1) by striking subsection (g);
    (2) by redesignating subsections (c) through (f) as
    subsections (d) through (g), respectively;
    (3) by inserting after subsection (b), the following:

    ``(c) Best Practices Review.--In addition to conducting the survey
    required under subsection (b), the Panel shall conduct a review of a
    sampling of ODA holders to identify and develop best practices. At a
    minimum, the best practices shall address preventing and deterring
    instances of undue pressure on or by an ODA unit member, within an ODA,
    or by an ODA holder, or failures to maintain independence between the
    FAA and an ODA holder or an ODA unit member. In carrying out such
    review, the Panel shall--
    ``(1) examine other government regulated industries to
    gather lessons learned, procedures, or processes that address
    undue pressure of employees, perceived regulatory coziness, or
    other failures to maintain independence;
    ``(2) identify ways to improve communications between an ODA
    Administrator, ODA unit members, and FAA engineers

    [[Page 2347]]

    and inspectors, consistent with section 44736(g) of title 49,
    United States Code, in order to enable direct communication of
    technical concerns that arise during a certification project
    without fear of reprisal to the ODA Administrator or ODA unit
    member; and
    ``(3) examine FAA designee programs, including the
    assignment of FAA advisors to designees, to determine which
    components of the program may improve the FAA's oversight of ODA
    units, ODA unit members, and the ODA program.'';
    (4) in subsection (d) (as redesignated by paragraph (2))--
    (A) by striking paragraph (3) and redesignating
    paragraphs (4) through (6) as paragraphs (3) through
    (5), respectively;
    (B) in paragraph (4) (as redesignated by
    subparagraph (A)), by striking ``and'' at the end;
    (C) in paragraph (5) (as so redesignated), by
    striking the period at the end and inserting ``; and'';
    and
    (D) by adding at the end the following:
    ``(6) the results of the review conducted under subsection
    (c).''; and
    (5) by inserting after subsection (g) (as redesignated by
    paragraph (2)), the following:

    ``(h) Best Practices Adoption.--
    ``(1) <>  In general.--Not
    later than 180 days after the date on which the Administrator
    receives the report required under subsection (e), the
    Administrator shall establish best practices that are generally
    applicable to all ODA holders and require such practices to be
    incorporated, as appropriate, into each ODA holder's approved
    procedures manual.
    ``(2) <>  Notice and comment period.--
    The Administrator shall publish the established best practices
    for public notice and comment for not fewer than 60 days prior
    to requiring the practices, as appropriate, be incorporated into
    each ODA holder's approved procedures manual.

    ``(i) Sunset.--The Panel shall terminate on the earlier of--
    ``(1) the date of submission of the report under subsection
    (e); or
    ``(2) the date that is 2 years after the date on which the
    Panel is first convened under subsection (a).''.

    (b) Procedures Manual.--Section 44736(b)(3) of title 49, United
    States Code, as amended by subsection (c)(2)(D) of section 107), is
    further amended--
    (1) in subparagraph (D) (as redesignated by such
    subsection), by striking ``and'' after the semicolon at the end;
    (2) in subparagraph (E) (as so redesignated), by striking
    the period at the end and inserting ``; and''; and
    (3) by adding at the end the following:
    ``(F) ensure the ODA holders procedures manual
    contains procedures and policies based on best practices
    established by the Administrator.''.
    SEC. <>  126. HUMAN FACTORS RESEARCH.

    (a) <>
    Human Factors.--Not later than 180 days after the date of enactment of
    this title, the Administrator, in consultation with aircraft
    manufacturers, operators, and pilots, and in coordination with the head
    of such other Federal agency that the Administrator determines
    appropriate, shall develop research requirements to

    [[Page 2348]]

    address the integration of human factors in the design and certification
    of aircraft that are intended for use in air transportation.

    (b) Requirements.--In developing such research requirements, the
    Administrator shall--
    (1) establish goals for research in areas of study relevant
    to advancing technology, improving design engineering and
    certification practices, and facilitating better understanding
    of human factors concepts in the context of the growing
    development and reliance on automated or complex flight deck
    systems in aircraft operations, including the development of
    tools to validate pilot recognition and response assumptions and
    diagnostic tools to improve the clarity of failure indications
    presented to pilots;
    (2) take into consideration and leverage any existing or
    planned research that is conducted by, or conducted in
    partnership with, the FAA; and
    (3) focus on--
    (A) preventing a recurrence of the types of
    accidents that have involved transport category
    airplanes designed and manufactured in the United
    States; and
    (B) increasingly complex aircraft systems and
    designs.

    (c) Implementation.--In implementing the research requirements
    developed under this section, the Administrator shall work with
    appropriate organizations and authorities with expertise including, to
    the maximum extent practicable, the Center of Excellence for Technical
    Training and Human Performance and the Center of Excellence developed or
    expanded pursuant to section 127.
    (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $7,500,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a) of
    title 49, United States Code, to carry out this section.
    SEC. 127. <>  FAA CENTER OF EXCELLENCE
    FOR AUTOMATED SYSTEMS AND HUMAN FACTORS
    IN AIRCRAFT.

    (a) In General.--The Administrator shall develop or expand a Center
    of Excellence focused on automated systems and human factors in
    transport category aircraft.
    (b) Duties.--The Center of Excellence shall, as appropriate--
    (1) facilitate collaboration among academia, the FAA, and
    the aircraft and airline industries, including aircraft, engine,
    and equipment manufacturers, air carriers, and representatives
    of the pilot community;
    (2) establish goals for research in areas of study relevant
    to advancing technology, improving engineering practices, and
    facilitating better understanding of human factors concepts in
    the context of the growing development and reliance on automated
    or complex systems in commercial aircraft, including continuing
    education and training;
    (3) examine issues related to human system integration and
    flight crew and aircraft interfaces, including tools and methods
    to support the integration of human factors considerations into
    the aircraft design and certification process; and
    (4) review safety reports to identify potential human
    factors issues for research.

    [[Page 2349]]

    (c) Avoiding Duplication of Work.--In developing or expanding the
    Center of Excellence, the Administrator shall ensure the work of the
    Center of Excellence does not duplicate or overlap with the work of any
    other established center of excellence.
    (d) Member Prioritization.--
    (1) In general.--The Administrator, when developing or
    expanding the Center of Excellence, shall prioritize the
    inclusion of subject-matter experts whose professional
    experience enables them to be objective and impartial in their
    contributions to the greatest extent possible.
    (2) Representation.--The Administrator shall require that
    the membership of the Center of Excellence reflect a balanced
    viewpoint across broad disciplines in the aviation industry.
    (3) Disclosure.--Any member of the Center of Excellence who
    is a Boeing Company or FAA employee who participated in the
    certification of the Maneuvering Characteristics Augmentation
    System for the 737 MAX-8 airplane must disclose such involvement
    to the FAA prior to performing any work on behalf of the FAA.
    (4) Transparency.--In developing or expanding the Center of
    Excellence, the Administrator shall develop procedures to
    facilitate transparency and appropriate maintenance of records
    to the maximum extent practicable.
    (5) Coordination.--Nothing in this section shall preclude
    coordination and collaboration between the Center of Excellence
    developed or expanded under this section and any other
    established center of excellence.

    (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $2,000,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a) of
    title 49, United States Code, to carry out this section. Amounts
    appropriated under the preceding sentence for any fiscal year shall
    remain available until expended.
    SEC. 128. <>  PILOT OPERATIONAL
    EVALUATIONS.

    (a) <>  Pilot Operational Evaluations.--Not later
    than 1 year after the date of enactment of this title, the Administrator
    shall revise existing policies for manufacturers of transport airplanes
    to ensure that pilot operational evaluations for airplane types that are
    submitted for certification utilize pilots from air carriers that are
    expected to operate such airplanes.

    (b) Requirement.--Such manufacturer shall ensure, to the
    satisfaction of the Administrator, that the air carrier and foreign air
    carrier pilots used for such evaluations include pilots of varying
    levels of experience.
    SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT
    CERTIFICATION AND FLIGHT STANDARDS
    PERFORM-
    ANCE OBJECTIVES AND METRICS.

    (a) Repeals.--Sections 211 and 221 of the FAA Reauthorization Act of
    2018 (49 U.S.C. 44701 note) are repealed.
    (b) Conforming Repeals.--Paragraphs (8) and (9) of section 202(c) of
    the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are repealed.
    SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.

    (a) Deadlines.--

    [[Page 2350]]

    (1) Agreement.--Not later than 15 days after the date of
    enactment of this title, the Administrator shall enter into an
    agreement with the National Academies of Sciences to develop a
    report regarding the methodology and effectiveness of the
    Transport Airplane Risk Assessment Methodology (TARAM) process
    used by the FAA.
    (2) Report.--Not later than 180 days after the date of
    enactment of this title, the National Academies of Sciences
    shall deliver such report to the congressional committees of
    jurisdiction.

    (b) <>  Elements.--The report under subsection
    (a) shall include the following elements:
    (1) An assessment of the TARAM analysis process.
    (2) An assessment of the effectiveness of the TARAM for the
    purposes of improving aviation safety.
    (3) <>  Recommendations to improve
    the methodology and effectiveness of the TARAM as an element of
    aviation safety.

    (c) Required Notice.--The Administrator shall provide notice to the
    congressional committees of jurisdiction on the findings and
    recommendations of a TARAM conducted following a transport airplane
    accident--
    (1) in which a loss of life occurred; and
    (2) <>  for which the Administrator
    determines that the issuance of an airworthiness directive will
    likely be necessary to correct an unsafe condition associated
    with the design of the relevant aircraft type.
    SEC. 131. <>  NATIONAL AIR GRANT
    FELLOWSHIP PROGRAM.

    (a) Program.--
    (1) Program maintenance.--The Administrator shall maintain
    within the FAA a program to be known as the ``National Air Grant
    Fellowship Program''.
    (2) Program elements.--The National Air Grant Fellowship
    Program shall provide support for the fellowship program under
    subsection (b).
    (3) Responsibilities of administrator.--
    (A) Guidelines.--The Administrator shall establish
    guidelines related to the activities and
    responsibilities of air grant fellowships under
    subsection (b).
    (B) <>  Qualifications.--The
    Administrator shall by regulation prescribe the
    qualifications required for designation of air grant
    fellowships under subsection (b).
    (C) Authority.--In order to carry out the provisions
    of this section, the Administrator may--
    (i) <>  appoint, assign
    the duties, transfer, and fix the compensation of
    such personnel as may be necessary, in accordance
    with civil service laws;
    (ii) <>  make
    appointments with respect to temporary and
    intermittent services to the extent authorized by
    section 3109 of title 5, United States Code;
    (iii) <> enter into
    contracts, cooperative agreements, and other
    transactions without regard to section 6101 of
    title 41, United States Code;
    (iv) notwithstanding section 1342 of title 31,
    United States Code, accept donations and voluntary
    and uncompensated services;

    [[Page 2351]]

    (v) accept funds from other Federal
    departments and agencies, including agencies
    within the FAA, to pay for and add to activities
    authorized by this section; and
    (vi) <>  promulgate such
    rules and regulations as may be necessary and
    appropriate.
    (4) Director of national air grant fellowship program.--
    (A) <>  In general.--The
    Administrator shall appoint, as the Director of the
    National Air Grant Fellowship Program, a qualified
    individual who has appropriate administrative experience
    and knowledge or expertise in fields related to
    aerospace. The Director shall be appointed and
    compensated, without regard to the provisions of title 5
    governing appointments in the competitive service, at a
    rate payable under section 5376 of title 5, United
    States Code.
    (B) Duties.--Subject to the supervision of the
    Administrator, the Director shall administer the
    National Air Grant Fellowship Program. In addition to
    any other duty prescribed by law or assigned by the
    Administrator, the Director shall--
    (i) cooperate with institutions of higher
    education that offer degrees in fields related to
    aerospace;
    (ii) encourage the participation of graduate
    and post-graduate students in the National Air
    Grant Fellowship Program; and
    (iii) cooperate and coordinate with other
    Federal activities in fields related to aerospace.

    (b) Fellowships.--
    (1) In general.--The Administrator shall support a program
    of fellowships for qualified individuals at the graduate and
    post-graduate level. The fellowships shall be in fields related
    to aerospace and awarded pursuant to guidelines established by
    the Administrator. The Administrator shall strive to ensure
    equal access for minority and economically disadvantaged
    students to the program carried out under this paragraph.
    (2) Aerospace policy fellowship.--
    (A) In general.--The Administrator shall award
    aerospace policy fellowships to support the placement of
    individuals at the graduate level of education in fields
    related to aerospace in positions with--
    (i) the executive branch of the United States
    Government; and
    (ii) the legislative branch of the United
    States Government.
    (B) Placement priorities for legislative
    fellowships.--
    (i) In general.--In considering the placement
    of individuals receiving a fellowship for a
    legislative branch position under subparagraph
    (A)(ii), the Administrator shall give priority to
    placement of such individuals in the following:
    (I) Positions in offices of, or with
    Members on, committees of Congress that
    have jurisdiction over the FAA.

    [[Page 2352]]

    (II) Positions in offices of Members
    of Congress that have a demonstrated
    interest in aerospace policy.
    (ii) Equitable distribution.--In placing
    fellows in positions described under clause (i),
    the Administrator shall ensure that placements are
    equally distributed among the political parties.
    (C) Duration.--A fellowship awarded under this
    paragraph shall be for a period of not more than 1 year.
    (3) Restriction on use of funds.--Amounts available for
    fellowships under this subsection, including amounts accepted
    under subsection (a)(3)(C)(v) or appropriated under subsection
    (d) to carry out this subsection, shall be used only for award
    of such fellowships and administrative costs of implementing
    this subsection.

    (c) Interagency Cooperation.--Each department, agency, or other
    instrumentality of the Federal Government that is engaged in or
    concerned with, or that has authority over, matters relating to
    aerospace--
    (1) <>  may, upon a written request
    from the Administrator, make available, on a reimbursable basis
    or otherwise, any personnel (with their consent and without
    prejudice to their position and rating), service, or facility
    that the Administrator deems necessary to carry out any
    provision of this section;
    (2) <>  shall, upon a written request from the
    Administrator, furnish any available data or other information
    that the Administrator deems necessary to carry out any
    provision of this section; and
    (3) shall cooperate with the FAA and duly authorized
    officials thereof.

    (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $15,000,000 for each of fiscal years
    2021 through 2025 to carry out this section. Amounts appropriated under
    the preceding sentence shall remain available until expended.
    (e) Definitions.--In this section:
    (1) Director.--The term ``Director'' means the Director of
    the National Air Grant Fellowship Program, appointed pursuant to
    subsection (a)(4).
    (2) Fields related to aerospace.--The term ``fields related
    to aerospace'' means any discipline or field that is concerned
    with, or likely to improve, the development, assessment,
    operation, safety, or repair of aircraft and other airborne
    objects and systems, including the following:
    (A) Aerospace engineering.
    (B) Aerospace physiology.
    (C) Aeronautical engineering.
    (D) Airworthiness engineering.
    (E) Electrical engineering.
    (F) Human factors.
    (G) Software engineering.
    (H) Systems engineering.
    SEC. 132. <>  EMERGING SAFETY TRENDS IN
    AVIATION.

    (a) <>  General.--Not later than 180
    days after the date of enactment of this title, the Administrator shall
    enter into an agreement

    [[Page 2353]]

    with the Transportation Research Board for the purposes of developing an
    annual report identifying, categorizing, and analyzing emerging safety
    trends in air transportation.

    (b) Factors.--The emerging safety trends report should be based on
    the following data:
    (1) The National Transportation Safety Board's investigation
    of accidents under section 1132 of title 49, United States Code.
    (2) The Administrator's investigations of accidents and
    incidents under section 40113 of title 49, United States Code.
    (3) Information provided by air operators pursuant to safety
    management systems.
    (4) International investigations of accidents and incidents,
    including reports, data, and information from foreign
    authorities and ICAO.
    (5) Other sources deemed appropriate for establishing
    emerging safety trends in the aviation sector, including the
    FAA's annual safety culture assessment required under subsection
    (c).

    (c) <>  Safety Culture
    Assessment.--The Administrator shall conduct an annual safety culture
    assessment through fiscal year 2031, which shall include surveying all
    employees in the FAA's Aviation Safety organization (AVS) to determine
    the employees' collective opinion regarding, and to assess the health
    of, AVS' safety culture and implementation of any voluntary safety
    reporting program.

    (d) <> Existing Reporting Systems.--The
    Executive Director of the Transportation Research Board, in consultation
    with the Secretary of Transportation and Administrator, may take into
    account and, as necessary, harmonize data and sources from existing
    reporting systems within the Department of Transportation and FAA.

    (e) <>  Biennial Report to
    Congress.--One year after the Administrator enters into the agreement
    with the Transportation Research Board as set forth in subsection (a),
    and biennially thereafter through fiscal year 2031, the Executive
    Director, in consultation with the Secretary and Administrator, shall
    submit to the congressional committees of jurisdiction a report
    identifying the emerging safety trends in air transportation.
    SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.

    (a) Enhancement of the Aviation Safety Whistleblower Investigation
    Office in the Federal Aviation Administration.--
    (1) Renaming of the office.--
    (A) In general.--Section 106(t)(1) of title 49,
    United States Code, is amended by striking ``an Aviation
    Safety Whistleblower Investigation Office'' and
    inserting ``the Office of Whistleblower Protection and
    Aviation Safety Investigations''.
    (B) Conforming amendment.--The heading of subsection
    (t) of section 106 of title 49, United States Code, is
    amended by striking ``Aviation Safety Whistleblower
    Investigation Office'' and inserting ``Office of
    Whistleblower Protection and Aviation Safety
    Investigations''.
    (2) Duties.--

    [[Page 2354]]

    (A) In general.--Section 106(t)(3)(A) of title 49,
    United States Code, is amended--
    (i) in clause (i), by striking ``(if the
    certificate holder does not have a similar in-
    house whistleblower or safety and regulatory
    noncompliance reporting process)'' and inserting
    ``(if the certificate holder does not have a
    similar in-house whistleblower or safety and
    regulatory noncompliance reporting process
    established under or pursuant to a safety
    management system)'';
    (ii) in clause (ii), by striking ``and'' at
    the end;
    (iii) in clause (iii), by striking the period
    at the end and inserting a semicolon; and
    (iv) by adding at the end the following:
    ``(iv) receive allegations of whistleblower
    retaliation by employees of the Agency;
    ``(v) coordinate with and provide all
    necessary assistance to the Office of
    Investigations and Professional Responsibility,
    the inspector general of the Department of
    Transportation, and the Office of Special Counsel
    on investigations relating to whistleblower
    retaliation by employees of the Agency; and
    ``(vi) investigate allegations of
    whistleblower retaliation by employees of the
    Agency that have been delegated to the Office by
    the Office of Investigations and Professional
    Responsibility, the inspector general of the
    Department of Transportation, or the Office of
    Special Counsel.''.
    (B) Limitation.--Section 106(t)(2) of title 49,
    United States Code, is amended by adding at the end the
    following:
    ``(E) Limitation of duties.-- The Director may only
    perform duties of the Director described in paragraph
    (3)(A).''.
    (C) Conforming amendments.--Section 106(t)(7) of
    title 49, United States Code, is amended--
    (i) in the matter preceding subparagraph (A),
    by striking ``October 1'' and inserting ``November
    15''; and
    (ii) in subparagraph (A), by striking
    ``paragraph (3)(A)(i) in the preceding 12-month
    period'' and inserting ``paragraph (3)(A)(i) in
    the preceding fiscal year''.
    (3) Report.--Section 106(t)(7) of title 49, United States
    Code, as amended by paragraph (2)(C), is further amended--
    (A) in subparagraph (C)--
    (i) by inserting ``the resolution of those
    submissions, including any'' before ``further'';
    and
    (ii) by striking ``and'' after the semicolon;
    (B) in subparagraph (D) by striking
    ``recommendations.'' and inserting ``recommendations;
    and''; and
    (C) by adding at the end the following:
    ``(E) <>  A summary
    of the activities of the Whistleblower Ombudsman,
    including--
    ``(i) the number of employee consultations
    conducted by the Whistleblower Ombudsman in the
    preceding 12-month period and a summary of such
    consultations and their resolution (in a de-
    identified or anonymized form); and

    [[Page 2355]]

    ``(ii) the number of reported incidents of
    retaliation during such period and, if applicable,
    a description of the disposition of such incidents
    during such period.''.

    (b) Whistleblower Ombudsman.--Section 106(t) of title 49, United
    States Code, is further amended by adding at the end the following:
    ``(8) Whistleblower ombudsman.--
    ``(A) In general.--Within the Office, there shall be
    established the position of Whistleblower Ombudsman.
    ``(B) Ombudsman qualifications.--The individual
    selected as Ombudsman shall have knowledge of Federal
    labor law and demonstrated government experience in
    human resource management, and conflict resolution.
    ``(C) Duties.--The Ombudsman shall carry out the
    following duties:
    ``(i) Educate Administration employees about
    prohibitions against materially adverse acts of
    retaliation and any specific rights or remedies
    with respect to those retaliatory actions.
    ``(ii) Serve as an independent confidential
    resource for Administration employees to discuss
    any specific retaliation allegation and available
    rights or remedies based on the circumstances, as
    appropriate.
    ``(iii) <>  Coordinate
    with Human Resource Management, the Office of
    Accountability and Whistleblower Protection, the
    Office of Professional Responsibility, and the
    Office of the Chief Counsel, as necessary.
    ``(iv) Coordinate with the Office of the
    Inspector General of the Department of
    Transportation's Whistleblower Protection
    Coordinator and the Office of the Special Counsel,
    as necessary.
    ``(v) Conduct outreach and assist in the
    development of training within the Agency to
    mitigate the potential for retaliation and promote
    timely and appropriate processing of any protected
    disclosure or allegation of materially adverse
    acts of retaliation.''.

    (c) <> Office of Investigations and
    Professional Responsibility.--The Administrator shall take such action
    as may be necessary to redesignate the Office of Investigations of the
    Administration as the Office of Investigations and Professional
    Responsibility.

    (d) Misconduct Investigations.--
    (1) <>  In general.--The Administrator shall
    review and revise the Administration's existing investigative
    policies that govern the investigation of misconduct by a
    manager of the Administration conducted by the FAA (in this
    subsection referred to as the ``Agency'').
    (2) Preservation of collective bargaining agreements.--The
    investigative policy established under paragraph (1) shall not
    apply to, or in the future, be extended by the Administrator to
    apply to, any employee who is not a manager or is covered by or
    eligible to be covered by a collective bargaining agreement
    entered into by the Agency.
    (3) Requirements.--In revising the investigative policies,
    the Administrator shall ensure such policies require--

    [[Page 2356]]

    (A) the utilization of investigative best practices
    to ensure independent and objective investigation and
    accurate recording and reporting of such investigation;
    (B) the management of case files to ensure the
    integrity of the information contained in such case
    files;
    (C) interviews be conducted in a manner that
    ensures, to the greatest extent possible, truthful
    answers and accurate records of such interviews;
    (D) <>  coordination with the
    Office of the Inspector General of the Department of
    Transportation, the Office of the Special Counsel, and
    the Attorney General, as appropriate; and
    (E) the completion of investigations in a timely
    manner.
    (4) Definition.--For purposes of this subsection, the term
    ``manager'' means an employee of the Agency who is a supervisor
    or management official, as defined in section 7103(a) of title
    5, United States Code.
    SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED
    MATERIALS CENTER OF EXCELLENCE.

    Section 44518 of title 49, United States Code, is amended by adding
    at the end the following:
    ``(c) Authorization of Appropriations.--Out of amounts appropriated
    under section 48102(a), the Administrator may expend not more than
    $10,000,000 for each of fiscal years 2021 through 2023 to carry out this
    section. Amounts appropriated under the preceding sentence for each
    fiscal year shall remain available until expended.''.
    SEC. 135. <>  PROMOTING AVIATION
    REGULATIONS FOR TECHNICAL TRAINING.

    (a) New Regulations Required.--
    (1) <>  Interim final regulations.--Not
    later than 90 days after the date of enactment of this section,
    the Administrator shall issue interim final regulations to
    establish requirements for issuing aviation maintenance
    technician school certificates and associated ratings and the
    general operating rules for the holders of those certificates
    and ratings in accordance with the requirements of this section.
    (2) Repeal of current regulations.--Upon the effective date
    of the interim final regulations required under paragraph (1),
    part 147 of title 14, Code of Federal Regulations (as in effect
    on the date of enactment of this title) and any regulations
    issued under section 624 of the FAA Reauthorization Act of 2018
    (Public Law 115-254) shall have no force or effect on or after
    the effective date of such interim final regulations.

    (b) Aviation Maintenance Technician School Certification Required.--
    No person may operate an aviation maintenance technician school without,
    or in violation of, an aviation maintenance technician school
    certificate and the operations specifications issued under the interim
    final regulations required under subsection (a)(1), the requirements of
    this section, or in a manner that is inconsistent with information in
    the school's operations specifications under subsection (c)(5).
    (c) Certificate and Operations Specifications Requirements.--
    (1) Application requirements.--

    [[Page 2357]]

    (A) In general.--An application for a certificate or
    rating to operate an aviation maintenance technician
    school shall include the following:
    (i) A description of the facilities, including
    the physical address of the certificate holder's
    primary location for operation of the school, any
    additional fixed locations where training will be
    provided, and the equipment and materials to be
    used at each location.
    (ii) A description of the manner in which the
    school's curriculum will ensure the student has
    the knowledge and skills necessary for attaining a
    mechanic certificate and associated ratings under
    subpart D of part 65 of title 14, Code of Federal
    Regulations (or any successor regulation).
    (iii) A description of the manner in which the
    school will ensure it provides the necessary
    qualified instructors to meet the requirements of
    subsection (d)(4).
    (B) Documented in the school's operations
    specifications.--Upon issuance of the school's
    certificate or rating, the information required under
    subparagraph (A) shall be documented in the school's
    operations specifications.
    (2) Change applications.--
    (A) In general.--An application for an additional
    rating or amended certificate shall include only the
    information necessary to substantiate the reason for the
    requested additional rating or change.
    (B) Approved changes.--Any approved changes shall be
    documented in the school's operations specifications.
    (3) Duration.--An aviation maintenance technician school
    certificate or rating issued under the interim final regulations
    required under subsection (a)(1) shall be effective from the
    date of issue until the certificate or rating is surrendered,
    suspended, or revoked.
    (4) Certificate ratings.--An aviation maintenance technician
    school certificate issued under the interim final regulations
    required under subsection (a)(1) shall specify which of the
    following ratings are held by the aviation maintenance
    technician school:
    (A) Airframe.
    (B) Powerplant.
    (C) Airframe and Powerplant.
    (5) Operations specifications.--A certificated aviation
    maintenance technician school shall operate in accordance with
    operations specifications that include the following:
    (A) The certificate holder's name.
    (B) The certificate holder's air agency certificate
    number.
    (C) The name and contact information of the
    certificate holder's primary point of contact.
    (D) The physical address of the certificate holder's
    primary location, as provided under paragraph (1)(A).
    (E) The physical address of any additional location
    of the certificate holder, as provided under subsection
    (d)(2).
    (F) The ratings held, as provided under paragraph
    (4).

    [[Page 2358]]

    (G) Any regulatory exemption granted to the school
    by the Administrator.

    (d) Operations Requirements.--
    (1) Facilities, equipment, and material requirements.--Each
    certificated aviation maintenance technician school shall
    provide and maintain the facilities, equipment, and materials
    that are appropriate to the 1 or more ratings held by the school
    and the number of students taught.
    (2) Training provided at another location.--A certificated
    aviation maintenance technician school may provide training at
    any additional location that meets the requirements of the
    interim final regulations required under subsection (a)(1) and
    is listed in the certificate holder's operations specifications.
    (3) Training requirements.--Each certificated aviation
    maintenance technician school shall--
    (A) establish, maintain, and utilize a curriculum
    designed to continually align with mechanic airman
    certification standards as appropriate for the ratings
    held;
    (B) provide training of a quality that meets the
    requirements of subsection (f)(1); and
    (C) ensure students have the knowledge and skills
    necessary to be eligible to test for a mechanic
    certificate and associated ratings under subpart D of
    part 65 of title 14, Code of Federal Regulations (or any
    successor regulation).
    (4) Instructor requirements.--Each certificated aviation
    maintenance technician school shall--
    (A) provide qualified instructors to teach in a
    manner that ensures positive educational outcomes are
    achieved;
    (B) ensure instructors hold a mechanic certificate
    with 1 or more appropriate ratings (or, with respect to
    instructors who are not certified mechanics, ensure
    instructors are otherwise specifically qualified to
    teach their assigned content); and
    (C) ensure the student-to-instructor ratio does not
    exceed 25:1 for any shop class.
    (5) Certificate of completion.--Each certificated aviation
    maintenance technician school shall provide authenticated
    documentation to each graduating student, indicating the
    student's date of graduation and curriculum completed, as
    described in paragraph (3)(A).

    (e) Quality Control System.--
    (1) Accreditation.--Each aviation maintenance technician
    school shall--
    (A) be accredited as meeting the definition of an
    institution of higher education provided for in section
    101 of the Higher Education Act of 1965 (20 U.S.C.
    1001); or
    (B) establish and maintain a quality control system
    that meets the requirements specified in paragraph (2)
    and is approved by the Administrator.
    (2) <>  FAA-approved system
    requirements.--In the case of an aviation maintenance technician
    school that is not accredited as set forth in paragraph (1), the
    Administrator shall approve a quality control system that
    provides procedures for recordkeeping, assessment, issuing
    credit, issuing of final course grades, attendance, ensuring
    sufficient number of instructors,

    [[Page 2359]]

    granting of graduation documentation, and corrective action for
    addressing deficiencies.

    (f) Additional Requirements.--
    (1) <>  Minimum passage
    rate.--A certificated aviation maintenance technician school
    shall maintain a pass rate of at least 70 percent of students
    who took a written, oral, or practical (or any combination
    thereof) FAA mechanic tests within 60 days of graduation for the
    most recent 3-year period .
    (2) <>  FAA inspection.--A
    certificated aviation maintenance technician school shall allow
    the Administrator such access as the Administrator determines
    necessary to inspect the 1 or more locations of the school for
    purposes of determining the school's compliance with the interim
    final regulations required under subsection (a)(1), the
    procedures and information outlined in the school's operations
    specifications according to subsection (c)(5), and the aviation
    maintenance technician school certificate issued for the school.
    (3) Display of certificate.--A certificated aviation
    maintenance technician school shall display its aviation
    maintenance technician school certificate at a location in the
    school that is visible by and normally accessible to the public.
    (4) Early testing.--A certificated aviation maintenance
    technician school may issue authenticated documentation
    demonstrating a student's satisfactory progress, completion of
    corresponding portions of the curriculum, and preparedness to
    take the aviation mechanic written general knowledge test, even
    if the student has not met the experience requirements of
    section 65.77 of title 14, Code of Federal Regulations (or any
    successor regulation). Any such documentation shall specify the
    curriculum the student completed and the completion date.
    SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.

    (a) <>  Report and Deadlines.--Not later
    than 30 days after the date of enactment of this title, the
    Administrator shall enter into an agreement with an appropriate
    Federally-funded research and development center to review, develop, and
    submit a report to the Administrator in accordance with the requirements
    and elements set forth in this section.

    (b) <>  Elements.--
    The review and report under subsection (a) shall set forth analyses,
    assessments, and recommendations addressing the following elements for
    transport category airplanes:
    (1) Whether or not aviation safety would improve as the
    result of institution of a fixed time beyond which a type
    certificate may not be amended.
    (2) Requiring the Administrator, when issuing an amended or
    supplemental type certificate for a design that does not comply
    with the latest amendments to the applicable airworthiness
    standards, to document any exception from the latest amendment
    to an applicable regulation, issue an exemption in accordance
    with section 44701 of title 14, United States Code, or make a
    finding of an equivalent level of safety in accordance with
    section 21.21(a)(1) of title 14, Code of Federal Regulations.
    (3) Safety benefits and costs for certification of transport
    category airplanes resulting from the implementation of
    paragraphs (1) and (2).

    [[Page 2360]]

    (4) Effects on the development and introduction of
    advancements in new safety enhancing design and technologies,
    and continued operation and operational safety support of
    products in service in the United States and worldwide,
    resulting from the implementation of paragraphs (1) and (2).

    (c) Investigations and Reports.--The review and report under
    subsection (a) shall take into consideration investigations, reports,
    and assessments regarding the Boeing 737 MAX, including but not limited
    to investigations, reports, and assessments by the Joint Authorities
    Technical Review, the National Transportation Safety Board, the
    Department of Transportation Office of the Inspector General, the
    Department of Transportation Special Committee, the congressional
    committees of jurisdiction and other congressional committees, and
    foreign authorities. The review and report under subsection (a) also
    shall consider the impact of changes made by this title and the
    amendments made by this title.
    (d) <>  Report to Congress.--Not later
    than 270 days after the report developed under subsection (a) is
    submitted to the Administrator, the Administrator shall submit a report
    to the congressional committees of jurisdiction regarding the FAA's
    response to the findings and recommendations of the report, what actions
    the FAA will take as a result of such findings and recommendations, and
    the FAA rationale for not taking action on any specific recommendation
    SEC. 137. <>  DEFINITIONS.

    In this title:
    (1) Administration; faa.--The terms ``Administration'' and
    ``FAA'' mean the Federal Aviation Administration.
    (2) Administrator.--The term ``Administrator'' means the
    Administrator of the FAA.
    (3) Congressional committees of jurisdiction.--The term
    ``congressional committees of jurisdiction'' means the Committee
    on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate.
    (4) ICAO.--The term ``ICAO'' means the International Civil
    Aviation Organization.
    (5) Organization designation authorization.--The term
    ``organization designation authorization'' has the same meaning
    given such term in section 44736(c) of title 49, United States
    Code.
    (6) Transport airplane.--The term ``transport airplane''
    means a transport category airplane designed for operation by an
    air carrier or foreign air carrier type-certificated with a
    passenger seating capacity of 30 or more or an all-cargo or
    combi derivative of such an airplane.
    (7) Type certificate.--The term ``type certificate''--
    (A) means a type certificate issued pursuant to
    section 44704(a) of title 49, United States Code, or an
    amendment to such certificate; and
    (B) does not include a supplemental type certificate
    issued under section 44704(b) of such section.

    [[Page 2361]]

    DIVISION W <> --INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Intelligence
    Authorization Act for Fiscal Year 2021''.
    (b) Table of Contents.--The table of contents for this division is
    as follows:

    DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.
    Sec. 3. Explanatory statement.

    TITLE I--INTELLIGENCE ACTIVITIES

    Sec. 101. Authorization of appropriations.
    Sec. 102. Classified Schedule of Authorizations.
    Sec. 103. Intelligence Community Management Account.

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    Sec. 201. Authorization of appropriations.

    TITLE III--INTELLIGENCE COMMUNITY MATTERS

    Subtitle A--General Intelligence Community Matters

    Sec. 301. Restriction on conduct of intelligence activities.
    Sec. 302. Increase in employee compensation and benefits authorized by
    law.
    Sec. 303. Continuity of operations plans for certain elements of the
    intelligence community in the case of a national emergency.
    Sec. 304. Application of Executive Schedule level III to position of
    Director of National Reconnaissance Office.
    Sec. 305. National Intelligence University.
    Sec. 306. Data collection on attrition in intelligence community.
    Sec. 307. Limitation on delegation of responsibility for program
    management of information-sharing environment.
    Sec. 308. Requirement to buy certain satellite component from American
    sources.
    Sec. 309. Limitation on construction of facilities to be used primarily
    by intelligence community.
    Sec. 310. Intelligence community student loan repayment programs.

    Subtitle B--Reports and Assessments Pertaining to the Intelligence
    Community

    Sec. 321. Assessment by the Comptroller General of the United States on
    efforts of the intelligence community and the Department of
    Defense to identify and mitigate risks posed to the
    intelligence community and the Department by the use of
    direct-to-consumer genetic testing by the Government of the
    People's Republic of China.
    Sec. 322. Report on use by intelligence community of hiring
    flexibilities and expedited human resources practices to
    assure quality and diversity in the workforce of the
    intelligence community.
    Sec. 323. Report on signals intelligence priorities and requirements.
    Sec. 324. Assessment of demand for student loan repayment program
    benefit.
    Sec. 325. Assessment of intelligence community demand for child care.
    Sec. 326. Open source intelligence strategies and plans for the
    intelligence community.

    TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

    Sec. 401. Establishment of Office of the Ombudsman for Analytic
    Objectivity.
    Sec. 402. Expansion of personnel management authority to attract experts
    in science and engineering.
    Sec. 403. Senior Chief Petty Officer Shannon Kent Award for
    distinguished female personnel of the National Security
    Agency.
    Sec. 404. Department of Homeland Security intelligence and cybersecurity
    diversity fellowship program.
    Sec. 405. Climate Security Advisory Council.

    [[Page 2362]]

    TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

    Sec. 501. Requirements and authorities for Director of the Central
    Intelligence Agency to improve education in science,
    technology, engineering, arts, and mathematics.
    Sec. 502. Seedling investment in next-generation microelectronics in
    support of artificial intelligence.

    TITLE VI--REPORTS AND OTHER MATTERS

    Sec. 601. Report on attempts by foreign adversaries to build
    telecommunications and cybersecurity equipment and services
    for, or to provide such equipment and services to, certain
    allies of the United States.
    Sec. 602. Report on threats posed by use by foreign governments and
    entities of commercially available cyber intrusion and
    surveillance technology.
    Sec. 603. Reports on recommendations of the Cyberspace Solarium
    Commission.
    Sec. 604. Assessment of critical technology trends relating to
    artificial intelligence, microchips, and semiconductors and
    related supply chains.
    Sec. 605. Combating Chinese influence operations in the United States
    and strengthening civil liberties protections.
    Sec. 606. Annual report on corrupt activities of senior officials of the
    Chinese Communist Party.
    Sec. 607. Report on corrupt activities of Russian and other Eastern
    European oligarchs.
    Sec. 608. Report on biosecurity risk and disinformation by the Chinese
    Communist Party and the Government of the People's Republic
    of China.
    Sec. 609. Report on effect of lifting of United Nations arms embargo on
    Islamic Republic of Iran.
    Sec. 610. Report on Iranian activities relating to nuclear
    nonproliferation.
    Sec. 611. Annual reports on security services of the People's Republic
    of China in the Hong Kong Special Administrative Region.
    Sec. 612. Research partnership on activities of People's Republic of
    China.
    Sec. 613. Report on the pharmaceutical and personal protective equipment
    regulatory practices of the People's Republic of China.
    Sec. 614. National Intelligence Estimate on situation in Afghanistan.
    Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
    Sec. 616. Sense of Congress on Third Option Foundation.
    Sec. 617. Annual reports on worldwide threats.
    Sec. 618. Annual report on Climate Security Advisory Council.
    Sec. 619. Improvements to funding for National Security Education
    program.
    Sec. 620. Report on best practices to protect privacy, civil liberties,
    and civil rights of Chinese Americans.
    Sec. 621. National Intelligence Estimate on threat of global pandemic
    disease.
    Sec. 622. Modification of requirement for briefings on national security
    effects of emerging infectious disease and pandemics.
    Sec. 623. Independent study on open-source intelligence.
    Sec. 624. Survey on Open Source Enterprise.
    Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.

    SEC. 2. <>  DEFINITIONS.

    In this division:
    (1) Congressional intelligence committees.--The term
    ``congressional intelligence committees'' means--
    (A) the Select Committee on Intelligence and the
    Committee on Appropriations of the Senate; and
    (B) the Permanent Select Committee on Intelligence
    and the Committee on Appropriations of the House of
    Representatives.
    (2) Intelligence community.--The term ``intelligence
    community'' has the meaning given such term in section 3 of the
    National Security Act of 1947 (50 U.S.C. 3003).
    SEC. 3. EXPLANATORY STATEMENT.

    The explanatory statement regarding this division, printed in the
    House section of the Congressional Record by the Chairman of the
    Permanent Select Committee on Intelligence of the House of
    Representatives and in the Senate section of the Congressional Record by
    the Chairman of the Select Committee on Intelligence

    [[Page 2363]]

    of the Senate, shall have the same effect with respect to the
    implementation of this division as if it were a joint explanatory
    statement of a committee of conference.

    TITLE I--INTELLIGENCE ACTIVITIES

    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2021
    for the conduct of the intelligence and intelligence-related activities
    of the following elements of the United States Government:
    (1) The Office of the Director of National Intelligence.
    (2) The Central Intelligence Agency.
    (3) The Department of Defense.
    (4) The Defense Intelligence Agency.
    (5) The National Security Agency.
    (6) The Department of the Army, the Department of the Navy,
    and the Department of the Air Force.
    (7) The Coast Guard.
    (8) The Department of State.
    (9) The Department of the Treasury.
    (10) The Department of Energy.
    (11) The Department of Justice.
    (12) The Federal Bureau of Investigation.
    (13) The Drug Enforcement Administration.
    (14) The National Reconnaissance Office.
    (15) The National Geospatial-Intelligence Agency.
    (16) The Department of Homeland Security.
    SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts.--The amounts authorized to be
    appropriated under section 101 for the conduct of the intelligence
    activities of the elements listed in paragraphs (1) through (16) of
    section 101, are those specified in the classified Schedule of
    Authorizations prepared to accompany this division.
    (b) Availability of Classified Schedule of Authorizations.--
    (1) Availability.--The classified Schedule of Authorizations
    referred to in subsection (a) shall be made available to the
    Committee on Appropriations of the Senate, the Committee on
    Appropriations of the House of Representatives, and to the
    President.
    (2) Distribution by the president.--Subject to paragraph
    (3), the President shall provide for suitable distribution of
    the classified Schedule of Authorizations referred to in
    subsection (a), or of appropriate portions of such Schedule,
    within the executive branch of the Federal Government.
    (3) Limits on disclosure.--The President shall not publicly
    disclose the classified Schedule of Authorizations or any
    portion of such Schedule except--
    (A) as provided in section 601(a) of the
    Implementing Recommendations of the 9/11 Commission Act
    of 2007 (50 U.S.C. 3306(a));
    (B) to the extent necessary to implement the budget;
    or
    (C) as otherwise required by law.

    [[Page 2364]]

    SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be
    appropriated for the Intelligence Community Management Account of the
    Director of National Intelligence for fiscal year 2021 the sum of
    $759,000,000.
    (b) Classified Authorization of Appropriations.--In addition to
    amounts authorized to be appropriated for the Intelligence Community
    Management Account by subsection (a), there are authorized to be
    appropriated for the Intelligence Community Management Account for
    fiscal year 2021 such additional amounts as are specified in the
    classified Schedule of Authorizations referred to in section 102(a).

    TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence
    Agency Retirement and Disability Fund $514,000,000 for fiscal year 2021.

    TITLE III--INTELLIGENCE COMMUNITY MATTERS

    Subtitle A--General Intelligence Community Matters

    SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this division shall not be
    deemed to constitute authority for the conduct of any intelligence
    activity which is not otherwise authorized by the Constitution or the
    laws of the United States.
    SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
    AUTHORIZED BY LAW.

    Appropriations authorized by this division for salary, pay,
    retirement, and other benefits for Federal employees may be increased by
    such additional or supplemental amounts as may be necessary for
    increases in such compensation or benefits authorized by law.
    SEC. 303. <>  CONTINUITY OF OPERATIONS PLANS
    FOR CERTAIN ELEMENTS OF THE INTELLIGENCE
    COMMUNITY IN THE CASE OF A NATIONAL
    EMERGENCY.

    (a) Definition of Covered National Emergency.--In this section, the
    term ``covered national emergency'' means the following:
    (1) A major disaster declared by the President under section
    401 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5170).
    (2) An emergency declared by the President under section 501
    of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5191).

    [[Page 2365]]

    (3) A national emergency declared by the President under the
    National Emergencies Act (50 U.S.C. 1601 et seq.).
    (4) A public health emergency declared under section 319 of
    the Public Health Service Act (42 U.S.C. 247d).

    (b) <>  In General.--The
    Director of National Intelligence, the Director of the Central
    Intelligence Agency, the Director of the National Reconnaissance Office,
    the Director of the Defense Intelligence Agency, the Director of the
    National Security Agency, and the Director of the National Geospatial-
    Intelligence Agency shall each establish continuity of operations plans
    for use in the case of covered national emergencies for the element of
    the intelligence community concerned.

    (c) Submission to Congress.--
    (1) Director of national intelligence and director of the
    central intelligence <> agency.--Not later than
    7 days after the date on which a covered national emergency is
    declared, the Director of National Intelligence and the Director
    of the Central Intelligence Agency shall each submit to the
    congressional intelligence committees the plan established under
    subsection (b) for that emergency for the element of the
    intelligence community concerned.
    (2) Director of national reconnaissance office, director of
    defense intelligence agency, director of national security
    agency, and director of national geospatial-intelligence
    agency.-- <> Not later than 7 days after the
    date on which a covered national emergency is declared, the
    Director of the National Reconnaissance Office, the Director of
    the Defense Intelligence Agency, the Director of the National
    Security Agency, and the Director of the National Geospatial-
    Intelligence Agency shall each submit the plan established under
    subsection (b) for that emergency for the element of the
    intelligence community concerned to the following:
    (A) The congressional intelligence committees.
    (B) The Committee on Armed Services of the Senate.
    (C) The Committee on Armed Services of the House of
    Representatives.

    (d) Updates.--During a covered national emergency, the Director of
    National Intelligence, the Director of the Central Intelligence Agency,
    the Director of the National Reconnaissance Office, the Director of the
    Defense Intelligence Agency, the Director of the National Security
    Agency, and the Director of the National Geospatial-Intelligence Agency
    shall each submit any updates to the plans submitted under subsection
    (c)--
    (1) in accordance with that subsection; and
    (2) in a timely manner consistent with section 501 of the
    National Security Act of 1947 (50 U.S.C. 3091).
    SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION
    OF DIRECTOR OF NATIONAL RECONNAISSANCE
    OFFICE.

    Section 5314 of title 5, United States Code, is amended by adding at
    the end the following:
    ``Director of the National Reconnaissance Office.''.
    SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.

    (a) In General.--Title X of the National Security Act of 1947 (50
    U.S.C. 3191 et seq.) is amended by adding at the end the following:

    [[Page 2366]]

    ``Subtitle D--National Intelligence University

    ``SEC. 1031. <>  TRANSFER DATE.

    ``In this subtitle, the term `transfer date' means the date on which
    the National Intelligence University is transferred from the Defense
    Intelligence Agency to the Director of National Intelligence under
    section 5324(a) of the National Defense Authorization Act for Fiscal
    Year 2020 (Public Law 116-92).
    ``SEC. 1032. <>  DEGREE-GRANTING AUTHORITY.

    ``(a) <>  In General.--Beginning
    on the transfer date, under regulations prescribed by the Director of
    National Intelligence, the President of the National Intelligence
    University may, upon the recommendation of the faculty of the
    University, confer appropriate degrees upon graduates who meet the
    degree requirements.

    ``(b) Limitation.--A degree may not be conferred under this section
    unless--
    ``(1) the Secretary of Education has recommended approval of
    the degree in accordance with the Federal Policy Governing
    Granting of Academic Degrees by Federal Agencies; and
    ``(2) <>  the University is accredited
    by the appropriate academic accrediting agency or organization
    to award the degree, as determined by the Secretary of
    Education.

    ``(c) Congressional Notification Requirements.--
    ``(1) <>  Actions on
    nonaccreditation.--Beginning on the transfer date, the Director
    shall promptly--
    ``(A) <>  notify the
    congressional intelligence committees of any action by
    the Middle States Commission on Higher Education, or
    other appropriate academic accrediting agency or
    organization, to not accredit the University to award
    any new or existing degree; and
    ``(B) <>  submit to such committees
    a report containing an explanation of any such action.
    ``(2) Modification or redesignation of degree-granting
    authority.-- <> Beginning on the
    transfer date, upon any modification or redesignation of
    existing degree-granting authority, the Director shall submit to
    the congressional intelligence committees a report containing--
    ``(A) the rationale for the proposed modification or
    redesignation; and
    ``(B) <>  any subsequent
    recommendation of the Secretary of Education with
    respect to the proposed modification or redesignation.
    ``SEC. <>  1033. REPORTING.

    ``(a) <>  In General.--Not less frequently than once
    each year, the Director of National Intelligence shall submit to the
    congressional intelligence committees a plan for employing professors,
    instructors, and lecturers at the National Intelligence University.

    ``(b) Elements.--Each plan submitted under subsection (a) shall
    include the following:
    ``(1) The total number of proposed personnel to be employed
    at the National Intelligence University.
    ``(2) The total annual compensation to be provided the
    personnel described in paragraph (1).

    [[Page 2367]]

    ``(3) Such other matters as the Director considers
    appropriate.

    ``(c) Form of Submittal.--Each plan submitted by the Director to the
    congressional intelligence committees under subsection (a) shall be
    submitted as part of another annual submission from the Director to the
    congressional intelligence committees.
    ``SEC. 1034. <>  CONTINUED APPLICABILITY OF
    THE FEDERAL ADVISORY COMMITTEE ACT TO
    THE BOARD OF VISITORS.

    ``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
    to apply to the Board of Visitors of the National Intelligence
    University on and after the transfer date.''.
    (b) <>  Plan Regarding Personnel at
    National Intelligence University.--
    (1) <>  Initial submission.--Not later than
    180 days after the date of the enactment of this Act, the
    Director of National Intelligence shall submit to the
    congressional intelligence committees the first submission
    required by section 1033(a) of the National Security Act of
    1947, as added by subsection (a).
    (2) Certain requirement not applicable.--Subsection (c) of
    section 1033 of the National Security Act of 1947, as added by
    subsection (a), shall not apply to the submittal under paragraph
    (1) of this subsection.

    (c) Conforming Amendments.--Section 5324 of the National Defense
    Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
    (1) <>  in subsection (b)(1)(C), by
    striking ``subsection (e)(2)'' and inserting ``section 1032(b)
    of the National Security Act of 1947'';
    (2) by striking subsections (e) and (f); and
    (3) <>  by
    redesignating subsections (g) and (h) as subsections (e) and
    (f), respectively.

    (d) Clerical Amendment.--The table of contents of the National
    Security Act of 1947 is amended by inserting after the item relating to
    section 1024 the following:

    ``Subtitle D--National Intelligence University

    ``Sec. 1031. Transfer date.
    ``Sec. 1032. Degree-granting authority.
    ``Sec. 1033. Reporting.
    ``Sec. 1034. Continued applicability of the Federal Advisory Committee
    Act to the Board of Visitors.''.

    SEC. 306. <>  DATA COLLECTION ON ATTRITION IN
    INTELLIGENCE COMMUNITY.

    (a) Standards for Data Collection.--
    (1) <>  In general.--Not later than 90 days
    after the date of the enactment of this Act, the Director of
    National Intelligence shall establish standards for collecting
    data relating to attrition in the intelligence community
    workforce across demographics, specialities, and length of
    service.
    (2) Inclusion of certain candidates.--The Director shall
    include, in the standards established under paragraph (1),
    standards for collecting data from candidates who accepted
    conditional offers of employment but chose to withdraw from the
    hiring process before entering into service, including data with
    respect to the reasons such candidates chose to withdraw.

    [[Page 2368]]

    (b) <>  Collection of Data.--Not later than 120
    days after the date of the enactment of this Act, each element of the
    intelligence community shall begin collecting data on workforce and
    candidate attrition in accordance with the standards established under
    subsection (a).

    (c) Annual Report.--Not later than 1 year after the date of the
    enactment of this Act, and annually thereafter, the Director shall
    submit to the congressional intelligence committees a report on
    workforce and candidate attrition in the intelligence community that
    includes--
    (1) the findings of the Director based on the data collected
    under subsection (b);
    (2) <>  recommendations for
    addressing any issues identified in those findings; and
    (3) <> an assessment of timeliness in
    processing hiring applications of individuals previously
    employed by an element of the intelligence community, consistent
    with the Trusted Workforce 2.0 initiative sponsored by the
    Security Clearance, Suitability, and Credentialing Performance
    Accountability Council.
    SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
    MANAGEMENT OF INFORMATION-SHARING
    ENVIRONMENT.

    Section 1016(b) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 485(b)), as amended by section 6402(a) of the
    National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
    92), is further amended--
    (1) in paragraph (1), in the matter before subparagraph (A),
    by striking ``Director of National Intelligence'' and inserting
    ``President'';
    (2) in paragraph (2), by striking ``Director of National
    Intelligence'' both places it appears and inserting
    ``President''; and
    (3) by adding at the end the following:
    ``(3) Delegation.--
    ``(A) In general.--Subject to subparagraph (B), the
    President may delegate responsibility for carrying out
    this subsection.
    ``(B) Limitation.--The President may not delegate
    responsibility for carrying out this subsection to the
    Director of National Intelligence.''.
    SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
    AMERICAN SOURCES.

    (a) In General.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.) is amended by adding at the end the following new
    section:
    ``SEC. 1109. <>  REQUIREMENT TO BUY CERTAIN
    SATELLITE COMPONENT FROM AMERICAN
    SOURCES.

    ``(a) Definitions.--In this section:
    ``(1) Covered element of the intelligence community.--The
    term `covered element of the intelligence community' means an
    element of the intelligence community that is not an element of
    the Department of Defense.
    ``(2) National security satellite.--The term `national
    security satellite' means a satellite weighing over 400 pounds
    whose principle purpose is to support the national security or
    intelligence needs of the United States Government.

    [[Page 2369]]

    ``(3) United states.--The term `United States' means the
    several States, the District of Columbia, and the territories
    and possessions of the United States.

    ``(b) <>  Requirement.--Beginning January 1,
    2021, except as provided in subsection (c), a covered element of the
    intelligence community may not award a contract for a national security
    satellite if the satellite uses a star tracker that is not produced in
    the United States, including with respect to both the software and the
    hardware of the star tracker.

    ``(c) <>  Exception.--The
    head of a covered element of the intelligence community may waive the
    requirement under subsection (b) if, on a case-by-case basis, the head
    certifies in writing to the congressional intelligence committees that--
    ``(1) there is no available star tracker produced in the
    United States that meets the mission and design requirements of
    the national security satellite for which the star tracker will
    be used;
    ``(2) the cost of a star tracker produced in the United
    States is unreasonable, based on a market survey; or
    ``(3) such waiver is necessary for the national security
    interests of the United States based on an urgent and compelling
    need.''.

    (b) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1108 the following new item:

    ``Sec. 1109. Requirement to buy certain satellite component from
    American sources.''.

    SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
    PRIMARILY BY INTELLIGENCE COMMUNITY.

    Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
    Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
    (1) by striking `` $1,000,000'' both places it appears and
    inserting `` $2,000,000''; and
    (2) by striking ``the Director of National Intelligence
    shall submit a notification'' and inserting ``the head of such
    component, in coordination with and subject to the approval of
    the Director of National Intelligence, shall submit a
    notification''.
    SEC. 310. <>  INTELLIGENCE
    COMMUNITY STUDENT LOAN REPAYMENT
    PROGRAMS.

    (a) Sense of Congress.--It is the sense of Congress that--
    (1) student loan repayment programs are a crucial tool in
    attracting and retaining talented individuals to the
    intelligence community, particularly individuals from diverse
    backgrounds;
    (2) generous student loan repayment programs help the
    intelligence community compete with the private sector for
    talented employees;
    (3) departments and agencies containing elements of the
    intelligence community have authority to establish student loan
    repayment programs either under section 5379 of title 5, United
    States Code, or under the delegable authority of the Director of
    National Intelligence under section 102A(n)(1) of the National
    Security Act of 1947 (50 U.S.C. 3024(n)(1));
    (4) although the Director should use the authority under
    such section 102A(n)(1) sparingly, and should be exceedingly

    [[Page 2370]]

    sparing in delegating such authority to an element of the
    intelligence community, the Director should approve well-
    predicated requests for such authority in the student loan
    repayment context if an element of the intelligence community
    can articulate an impediment to establishing or enhancing a
    program under section 5379 of title 5, United States Code; and
    (5) student loan repayment programs established by an
    element of the intelligence community should provide flexibility
    to intelligence community employees, including employees who
    pursue loan-financed education in the middle of their careers or
    after the day on which they first become intelligence community
    employees.

    (b) Student Loan Repayment Program Standards.--Not later than 180
    days after the date of the enactment of this Act, the Director of
    National Intelligence, or a designee of the Director who is an employee
    of the Office of the Director of National Intelligence, shall establish
    minimum standards for the repayment of student loans of employees of
    elements of the intelligence community by such elements of the
    intelligence community.
    (c) Report.--Not later than 180 days after the date of the enactment
    of this Act, the Director shall submit to the appropriate congressional
    committees a report on the standards established under subsection (b).
    Such report shall include--
    (1) an explanation of why such minimum standards were
    established; and
    (2) how such standards advance the goals of--
    (A) attracting and retaining a talented intelligence
    community workforce;
    (B) competing with private sector companies for
    talented employees; and
    (C) promoting the development of a diverse
    workforce.

    (d) Failure To Meet Standards.--Not later than 180 days after the
    date on which the standards required under subsection (b) are
    established, the head of an element of the intelligence community that
    does not meet such standards shall submit to the appropriate
    congressional committees a report containing an explanation for why such
    element does not meet such standards and an identification of any
    additional authority or appropriations required to for the element to
    meet such standards.
    (e) Submittal of Regulations and Policies to Congress.--Not
    later <> than 180 days after the date on which the
    standards required under subsection (b) are established, the head of an
    element of the intelligence community shall submit to the appropriate
    congressional committees a copy of all internal regulations and policies
    governing the student loan repayment program of that element as well as
    copies of such policies redacted to remove classified information.

    (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the Permanent Select Committee on Intelligence of the
    House of Representatives;
    (2) the Select Committee on Intelligence of the Senate;
    (3) with respect to an element of the intelligence community
    within the Department of Defense, the Committees on Armed
    Services of the Senate and House of Representatives;

    [[Page 2371]]

    (4) with respect to an element of the intelligence community
    within the Department of Justice, the Committees on the
    Judiciary of the Senate and House of Representatives;
    (5) with respect to an element of the intelligence community
    within the Department of Homeland Security, the Committee on
    Homeland Security and Governmental Affairs of the Senate and the
    Committee on Homeland Security of the House of Representatives;
    (6) with respect to an element of the intelligence community
    within the Department of State, the Committee on Foreign
    Relations of the Senate and the Committee on Foreign Affairs of
    the House of Representatives;
    (7) with respect to an element of the intelligence community
    within the Department of Energy, the Committee on Energy and
    Natural Resources of the Senate and the Committee on Energy and
    Commerce of the House of Representatives; and
    (8) with respect to an element of the intelligence community
    within the Department of the Treasury, the Committee on Finance
    of the Senate and the Committee on Financial Services of the
    House of Representatives.

    (g) Form of Reports.--Each of the reports required under subsections
    (c) and (d) shall be submitted in unclassified form, but may contain a
    classified annex.

    Subtitle B--Reports and Assessments Pertaining to the Intelligence
    Community

    SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED
    STATES ON EFFORTS OF THE INTELLIGENCE
    COMMUNITY AND THE DEPARTMENT OF DEFENSE
    TO IDENTIFY AND MITIGATE RISKS POSED TO
    THE INTELLIGENCE COMMUNITY AND THE
    DEPARTMENT BY THE
    USE OF DIRECT-TO-CONSUMER GENETIC
    TESTING BY
    THE GOVERNMENT OF THE PEOPLE'S REPUBLIC
    OF
    CHINA.

    (a) Assessment Required.--The Comptroller General of the United
    States shall assess the efforts of the intelligence community and the
    Department of Defense to identify and mitigate the risks posed to the
    intelligence community and the Department by the use of direct-to-
    consumer genetic testing by the Government of the People's Republic of
    China.
    (b) Report Required.--
    (1) Definition of united states direct-to-consumer genetic
    testing company.--In this subsection, the term ``United States
    direct-to-consumer genetic testing company'' means a private
    entity that--
    (A) carries out direct-to-consumer genetic testing;
    and
    (B) is organized under the laws of the United States
    or any jurisdiction within the United States.
    (2) In general.--Not later than 180 days after the date of
    the enactment of this Act, the Comptroller General shall submit
    to Congress, including the congressional intelligence
    committees, the Committee on Armed Services of the Senate, and
    the Committee on Armed Services of the House of Representatives,
    a report on the assessment required by subsection (a).

    [[Page 2372]]

    (3) Elements.--The report required by paragraph (2) shall
    include the following:
    (A) A description of key national security risks and
    vulnerabilities associated with direct-to-consumer
    genetic testing, including--
    (i) how the Government of the People's
    Republic of China may be using data provided by
    personnel of the intelligence community and the
    Department through direct-to-consumer genetic
    tests; and
    (ii) how ubiquitous technical surveillance may
    amplify those risks.
    (B) An assessment of the extent to which the
    intelligence community and the Department have
    identified risks and vulnerabilities posed by direct-to-
    consumer genetic testing and have sought to mitigate
    such risks and vulnerabilities, or have plans for such
    mitigation, including the extent to which the
    intelligence community has determined--
    (i) in which United States direct-to-consumer
    genetic testing companies the Government of the
    People's Republic of China or entities owned or
    controlled by the Government of the People's
    Republic of China have an ownership interest; and
    (ii) which United States direct-to-consumer
    genetic testing companies may have sold data to
    the Government of the People's Republic of China
    or entities owned or controlled by the Government
    of the People's Republic of China.
    (C) <> Such
    recommendations as the Comptroller General may have for
    action by the intelligence community and the Department
    to improve the identification and mitigation of risks
    and vulnerabilities posed by the use of direct-to-
    consumer genetic testing by the Government of the
    People's Republic of China.
    (4) Form.--The report required by paragraph (2) shall be
    submitted in unclassified form, but may include a classified
    annex.

    (c) Cooperation.--The heads of relevant elements of the intelligence
    community and components of the Department shall--
    (1) fully cooperate with the Comptroller General in
    conducting the assessment required by subsection (a); and
    (2) provide any information and data required by the
    Comptroller General to conduct the assessment, consistent with
    Intelligence Community Directive 114 or successor directive.
    SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
    FLEXIBILITIES AND EXPEDITED HUMAN
    RESOURCES PRACTICES TO ASSURE QUALITY
    AND DIVERSITY IN THE WORKFORCE OF THE
    INTELLIGENCE COMMUNITY.

    (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees a report on how
    elements of the intelligence community are exercising hiring
    flexibilities and expedited human resources practices afforded under
    section 3326 of title 5, United States Code, and subpart D of

    [[Page 2373]]

    part 315 of title 5, Code of Federal Regulations, or successor
    regulation, to assure quality and diversity in the workforce of the
    intelligence community.
    (b) Obstacles.--The report submitted under subsection (a) shall
    include identification of any obstacles encountered by the intelligence
    community in exercising the authorities described in such subsection.
    SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND
    REQUIREMENTS.

    (a) Report Required.--Not later than 30 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees, the majority and
    minority leaders of the Senate, and the Speaker and minority leader of
    the House of Representatives a report on signals intelligence priorities
    and requirements subject to Presidential Policy Directive 28.
    (b) Elements.--The report required by subsection (a) shall cover the
    following:
    (1) The implementation of the annual process for advising
    the Director on signals intelligence priorities and requirements
    described in section 3 of Presidential Policy Directive 28.
    (2) The signals intelligence priorities and requirements as
    of the most recent annual process.
    (3) The application of such priorities and requirements to
    the signals intelligence collection efforts of the intelligence
    community.

    (c) Contents of Classified Annex Referenced in Section 3 of
    Presidential Policy Directive 28.--Not later than 30 days after the date
    of the enactment of this Act, in addition to the report submitted under
    subsection (a), the Director shall submit to the chairmen and ranking
    minority members of the congressional intelligence committees, the
    majority and minority leaders of the Senate, and the Speaker and
    minority leader of the House of Representatives the contents of the
    classified annex referenced in section 3 of Presidential Policy
    Directive 28.
    (d) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
    BENEFIT.

    (a) <> In General.--Not later than 90 days after
    the date of the enactment of this Act, the head of each element of the
    intelligence community shall--
    (1) calculate the number of personnel of that element who
    qualify for a student loan repayment program benefit;
    (2) compare the number calculated under paragraph (1) to the
    number of personnel who apply for such a benefit;
    (3) <>  provide recommendations
    for how to structure such a program to optimize participation
    and enhance the effectiveness of the benefit as a retention
    tool, including with respect to the amount of the benefit
    offered and the length of time an employee receiving a benefit
    is required to serve under a continuing service agreement; and
    (4) identify any shortfall in funds or authorities needed to
    provide such a benefit.

    [[Page 2374]]

    (b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
    of National Intelligence shall include in the budget justification
    materials submitted to Congress in support of the budget for the
    intelligence community for fiscal year 2022 (as submitted with the
    budget of the President under section 1105(a) of title 31, United States
    Code) a report on the findings of the elements of the intelligence
    community under subsection (a).
    SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD
    CARE.

    (a) <>  In General.--Not later than
    180 days after the date of the enactment of this Act, the Director of
    National Intelligence, in coordination with the heads of the elements of
    the intelligence community specified in subsection (b), shall submit to
    the congressional intelligence committees a report that includes--
    (1) a calculation of the total annual demand for child care
    by employees of such elements, at or near the workplaces of such
    employees, including a calculation of the demand for early
    morning and evening child care;
    (2) an identification of any shortfall between the demand
    calculated under paragraph (1) and the child care supported by
    such elements as of the date of the report;
    (3) an assessment of options for addressing any such
    shortfall, including options for providing child care at or near
    the workplaces of employees of such elements;
    (4) an identification of the advantages, disadvantages,
    security requirements, and costs associated with each such
    option;
    (5) a plan to meet, by the date that is 5 years after the
    date of the report--
    (A) the demand calculated under paragraph (1); or
    (B) an alternative standard established by the
    Director for child care available to employees of such
    elements; and
    (6) an assessment of needs of specific elements of the
    intelligence community, including any Government-provided child
    care that could be collocated with a workplace of employees of
    such an element and any available child care providers in the
    proximity of such a workplace.

    (b) Elements Specified.--The elements of the intelligence community
    specified in this subsection are the following:
    (1) The Central Intelligence Agency.
    (2) The National Security Agency.
    (3) The Defense Intelligence Agency.
    (4) The National Geospatial-Intelligence Agency.
    (5) The National Reconnaissance Office.
    (6) The Office of the Director of National Intelligence.
    SEC. 326. <>  OPEN SOURCE INTELLIGENCE
    STRATEGIES AND PLANS FOR THE
    INTELLIGENCE COMMUNITY.

    (a) Requirement for Survey and Evaluation of Customer Feedback.--Not
    later than 90 days a <> fter the date of the
    enactment of this Act, the Director of National Intelligence, in
    coordination with the head of each element of the intelligence
    community, shall--
    (1) conduct a survey of the open source intelligence
    requirements, goals, monetary and property investments, and
    capabilities for each element of the intelligence community; and

    [[Page 2375]]

    (2) evaluate the usability and utility of the Open Source
    Enterprise by soliciting customer feedback and evaluating such
    feedback.

    (b) Requirement for Overall Strategy and for Intelligence Community,
    Plan for Improving Usability of Open Source Enterprise, and Risk
    Analysis of Creating Open Source Center.-- <> Not
    later than 180 days after the date of the enactment of this Act, the
    Director, in coordination with the head of each element of the
    intelligence community and using the findings of the Director with
    respect to the survey conducted under subsection (a), shall--
    (1) develop a strategy for open source intelligence
    collection, analysis, and production that defines the
    overarching goals, roles, responsibilities, and processes for
    such collection, analysis, and production for the intelligence
    community;
    (2) develop a plan for improving usability and utility of
    the Open Source Enterprise based on the customer feedback
    solicited under subsection (a)(2); and
    (3) conduct a risk and benefit analysis of creating an open
    source center independent of any current intelligence community
    element.

    (c) Requirement for Plan for Centralized Data Repository.--Not later
    than 270 days after the date of the enactment of this Act and using the
    findings of the Director with respect to the survey and evaluation
    conducted under subsection (a), the strategy and plan developed under
    subsection (b), and the risk and benefit analysis conducted under such
    subsection, the Director shall develop a plan for a centralized data
    repository of open source intelligence that enables all elements of the
    intelligence community--
    (1) to use such repository for their specific requirements;
    and
    (2) to derive open source intelligence advantages.

    (d) Requirement for Cost-sharing Model.--Not later than 1 year after
    the date of the enactment of this Act and using the findings of the
    Director with respect to the survey and evaluation conducted under
    subsection (a), the strategy and plan developed under subsection (b),
    the risk and benefit analysis conducted under such subsection, and the
    plan developed under subsection (c), the Director shall develop a cost-
    sharing model that leverages the open source intelligence investments of
    each element of the intelligence community for the beneficial use of the
    entire intelligence community.
    (e) Congressional Briefing.--Not later than 1 year after the date of
    the enactment of this Act, the Director of National Intelligence, the
    Director of the Central Intelligence Agency, the Director of the Defense
    Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and the Director of the National Security Agency
    shall jointly brief the congressional intelligence committees on--
    (1) the strategy developed under paragraph (1) of subsection
    (b);
    (2) the plan developed under paragraph (2) of such
    subsection;
    (3) the plan developed under subsection (c); and
    (4) the cost-sharing model developed under subsection (d).

    [[Page 2376]]

    TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

    SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC
    OBJECTIVITY.

    (a) Office of the Ombudsman for Analytic Objectivity.--The Central
    Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by
    adding at the end the following:
    ``SEC. 24. <> OFFICE OF THE OMBUDSMAN FOR
    ANALYTIC OBJECTIVITY.

    ``(a) Establishment.--
    ``(1) In general.--There is established in the Agency an
    Office of the Ombudsman for Analytic Objectivity (in this
    section referred to as the `Office').
    ``(2) Appointment of ombudsman.--The Office shall be headed
    by an Ombudsman, who shall be appointed by the Director from
    among current or former senior staff officers of the Agency.

    ``(b) Duties and Responsibilities.--The Ombudsman shall--
    ``(1) on an annual basis, conduct a survey of analytic
    objectivity among officers and employees of the Agency;
    ``(2) implement a procedure by which any officer or employee
    of the Agency may submit to the Office a complaint alleging
    politicization, bias, lack of objectivity, or other issues
    relating to a failure of tradecraft in analysis conducted by the
    Agency;
    ``(3) except as provided in paragraph (4), upon receiving a
    complaint submitted pursuant to paragraph (2), take reasonable
    action to investigate the complaint, make a determination as to
    whether the incident described in the complaint involved
    politicization, bias, or lack of objectivity, and prepare a
    report that--
    ``(A) summarizes the facts relevant to the
    complaint;
    ``(B) documents the determination of the Ombudsman
    with respect to the complaint; and
    ``(C) contains a recommendation for remedial action;
    ``(4) if a complaint submitted pursuant to paragraph (2)
    alleges politicization, bias, or lack of objectivity in the
    collection of intelligence information, refer the complaint to
    the official responsible for supervising collection operations
    of the Agency; and
    ``(5) continuously monitor changes in areas of analysis that
    the Ombudsman determines involve a heightened risk of
    politicization, bias, or lack of objectivity, to ensure that any
    change in the analytic line arises from proper application of
    analytic tradecraft and not as a result of politicization, bias,
    or lack of objectivity.

    ``(c) Reports.--(1) On an annual basis, the Ombudsman shall submit
    to the intelligence committees a report on the results of the survey
    conducted pursuant to subsection (b)(1) with respect to the most recent
    fiscal year.
    ``(2) On an annual basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--

    [[Page 2377]]

    ``(A) the number of complaints of submitted pursuant to
    subsection (b)(2) during the most recent fiscal year; and
    ``(B) a description of the nature of such complaints, the
    actions taken by the Office or any other relevant element or
    component of the Agency with respect to such complaints, and the
    resolution of such complaints.

    ``(3) On a quarterly basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--
    ``(A) <> a list of the areas of analysis
    monitored during the most recent calendar quarter pursuant to
    subsection (b)(5); and
    ``(B) a brief description of the methods by which the Office
    has conducted such monitoring.

    ``(d) Intelligence Committees Defined.--In this section, the term
    `intelligence committees' means the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select Committee on
    Intelligence of the Senate.''.
    (b) <>  Reference.--Any reference in any
    law, regulation, map, document, paper, or other record of the United
    States to the Ombudsman for Analytic and Collection Objectivity of the
    Central Intelligence Agency shall be deemed to be a reference to the
    Office of the Ombudsman for Analytic Objectivity of the Central
    Intelligence Agency established by section 24(a) of the Central
    Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.), as added by
    subsection (a).

    (c) Report on Surveys for Fiscal Years 2018 and 2019.--Not later
    than 10 days after the date of the enactment of this Act, the Director
    of the Central Intelligence Agency shall submit to the congressional
    intelligence committees any reports previously prepared by the Ombudsman
    for Analytic and Collection Objectivity with respect to the surveys of
    analytic objectivity conducted for fiscal years 2018 and 2019.
    SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
    EXPERTS IN SCIENCE AND ENGINEERING.

    Section 1599h of title 10, United States Code, is amended--
    (1) in subsection (a), by adding at the end the following
    new paragraph:
    ``(7) NGA.--The Director of the National Geospatial-
    Intelligence Agency may carry out a program of personnel
    management authority provided in subsection (b) in order to
    facilitate recruitment of eminent experts in science or
    engineering for research and development projects and to enhance
    the administration and management of the Agency.'';
    (2) in subsection (b)(1)--
    (A) in subparagraph (E), by striking ``; and'';
    (B) in subparagraph (F), by striking the semicolon
    and inserting ``; and''; and
    (C) by adding at the end the following new
    subparagraph:
    ``(G) in the case of the National Geospatial-
    Intelligence Agency, appoint individuals to a total of
    not more than 7 positions in the Agency, of which not
    more than 2 such positions may be positions of
    administration or management in the Agency;''; and

    [[Page 2378]]

    (3) in subsection (c)(2), by striking ``or the Joint
    Artificial Intelligence Center'' and inserting ``the Joint
    Artificial Intelligence Center, or the National Geospatial-
    Intelligence Agency''.
    SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
    DISTINGUISHED FEMALE PERSONNEL OF THE
    NATIONAL SECURITY AGENCY.

    The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.) is
    amended by adding at the end the following new section:
    ``SEC. 21. <>  SENIOR CHIEF
    PETTY OFFICER SHANNON KENT AWARD FOR
    DISTINGUISHED FEMALE PERSONNEL.

    ``(a) Establishment.--The Director of the National Security Agency
    shall establish an honorary award for the recognition of female
    personnel of the National Security Agency for distinguished career
    contributions in support of the mission of the Agency as civilian
    employees or members of the Armed Forces assigned to the Agency. The
    award shall be known as the `Senior Chief Petty Officer Shannon Kent
    Award' and shall consist of a design determined appropriate by the
    Director.
    ``(b) Award.--The Director shall award the Senior Chief Petty
    Officer Shannon Kent Award to female civilian employees, members of the
    Armed Forces, or former civilian employees or members, whom the Director
    determines meet the criteria under subsection (a).''.
    SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
    CYBERSECURITY DIVERSITY FELLOWSHIP
    PROGRAM.

    (a) Program.--Subtitle D of title XIII of the Homeland Security Act
    of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end the
    following new section:
    ``SEC. 1333 <> . INTELLIGENCE AND CYBERSECURITY
    DIVERSITY FELLOWSHIP PROGRAM.

    ``(a) Definitions.--In this section:
    ``(1) Appropriate committees of congress.--The term
    `appropriate committees of Congress' means--
    ``(A) the Committee on Homeland Security and
    Governmental Affairs and the Select Committee on
    Intelligence of the Senate; and
    ``(B) the Committee on Homeland Security and the
    Permanent Select Committee on Intelligence of the House
    of Representatives.
    ``(2) Excepted service.--The term `excepted service' has the
    meaning given that term in section 2103 of title 5, United
    States Code.
    ``(3) Historically black college or university.--The term
    `historically Black college or university' has the meaning given
    the term `part B institution' in section 322 of the Higher
    Education Act of 1965 (20 U.S.C. 1061).
    ``(4) Institution of higher education.--The term
    `institution of higher education' has the meaning given that
    term in section 101 of the Higher Education Act of 1965 (20
    U.S.C. 1001).
    ``(5) Minority-serving institution.--The term `minority-
    serving institution' means an institution of higher education
    described in section 371(a) of the Higher Education Act of 1965
    (20 U.S.C. 1067q(a)).

    [[Page 2379]]

    ``(b) Program.--The Secretary shall carry out an intelligence and
    cybersecurity diversity fellowship program (in this section referred to
    as the `Program') under which an eligible individual may--
    ``(1) participate in a paid internship at the Department
    that relates to intelligence, cybersecurity, or some combination
    thereof;
    ``(2) receive tuition assistance from the Secretary; and
    ``(3) upon graduation from an institution of higher
    education and successful completion of the Program (as defined
    by the Secretary), receive an offer of employment to work in an
    intelligence or cybersecurity position of the Department that is
    in the excepted service.

    ``(c) Eligibility.--To be eligible to participate in the Program, an
    individual shall--
    ``(1) be a citizen of the United States; and
    ``(2) as of the date of submitting the application to
    participate in the Program--
    ``(A) have a cumulative grade point average of at
    least 3.2 on a 4.0 scale;
    ``(B) be a socially disadvantaged individual (as
    that term in defined in section 124.103 of title 13,
    Code of Federal Regulations, or successor regulation);
    and
    ``(C) be a sophomore, junior, or senior at an
    institution of higher education.

    ``(d) <>  Direct Hire Authority.--If an
    individual who receives an offer of employment under subsection (b)(3)
    accepts such offer, the Secretary shall appoint, without regard to
    provisions of subchapter I of chapter 33 of title 5, United States Code,
    (except for section 3328 of such title) such individual to the position
    specified in such offer.

    ``(e) Reports.--
    ``(1) Reports.--Not later than 1 year after the date of the
    enactment of this section, and on an annual basis thereafter,
    the Secretary shall submit to the appropriate committees of
    Congress a report on the Program.
    ``(2) Matters.--Each report under paragraph (1) shall
    include, with respect to the most recent year, the following:
    ``(A) A description of outreach efforts by the
    Secretary to raise awareness of the Program among
    institutions of higher education in which eligible
    individuals are enrolled.
    ``(B) Information on specific recruiting efforts
    conducted by the Secretary to increase participation in
    the Program.
    ``(C) The number of individuals participating in the
    Program, listed by the institution of higher education
    in which the individual is enrolled at the time of
    participation, and information on the nature of such
    participation, including on whether the duties of the
    individual under the Program relate primarily to
    intelligence or to cybersecurity.
    ``(D) The number of individuals who accepted an
    offer of employment under the Program and an
    identification of the element within the Department to
    which each individual was appointed.''.

    [[Page 2380]]

    (b) Clerical Amendment.--The table of contents for such Act is
    amended by inserting after the item relating to section 1332 the
    following new item:

    ``Sec. 1333. Intelligence and cybersecurity diversity fellowship
    program.''.

    SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.

    (a) Study on Advisory Council Model for Strategic or Transnational
    Threats.--
    (1) <> Study required.--The Director of
    National Intelligence, in coordination with the heads of other
    elements of the intelligence community determined appropriate by
    the Director, shall conduct a study on the effectiveness of the
    Climate Security Advisory Council as a potential model for
    future advisory councils that--
    (A) focus on optimizing the collection and analysis
    of intelligence relating to strategic or transnational
    threats to the national security of the United States
    (including threats posed by disease outbreaks,
    pandemics, or other global health threats); and
    (B) are composed of elements of the intelligence
    community and relevant elements of the Federal
    Government that are not elements of the intelligence
    community.
    (2) Report.--Not later than 1 year after the date of the
    enactment of this Act, the Director shall submit to the
    congressional intelligence committees a report containing the
    findings of the study under paragraph (1).

    (b) Technical Correction.--Section 120(c)(4) of the National
    Security Act of 1947 (50 U.S.C. 3060(c)(4)) is amended by striking
    ``security indicators'' and inserting ``intelligence indications''.

    TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

    SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
    INTELLIGENCE AGENCY TO IMPROVE EDUCATION
    IN SCIENCE, TECHNOLOGY, ENGINEERING,
    ARTS, AND MATHEMATICS.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
    seq.), as amended by section 401, is further amended by adding at the
    end the following:
    ``SEC. 25. <>  IMPROVEMENT OF EDUCATION IN
    SCIENCE, TECHNOLOGY, ENGINEERING, ARTS, AND
    MATHEMATICS.

    ``(a) Definitions.--In this section:
    ``(1) Eligible entity.--The term `eligible entity' includes
    a department or agency of the Federal Government, a State, a
    political subdivision of a State, an individual, and a not-for-
    profit or other organization in the private sector.
    ``(2) Educational institution.--The term `educational
    institution' includes any public or private elementary school or
    secondary school, institution of higher education, college,
    university, or any other profit or nonprofit institution that is
    dedicated to improving science, technology, engineering, the
    arts, mathematics, business, law, medicine, or other fields that

    [[Page 2381]]

    promote development and education relating to science,
    technology, engineering, the arts, or mathematics.
    ``(3) State.--The term `State' means each of the several
    States, the District of Columbia, the Commonwealth of Puerto
    Rico, the Commonwealth of the Northern Mariana Islands, and any
    other territory or possession of the United States.

    ``(b) Requirements.--The Director shall, on a continuing basis--
    ``(1) identify actions that the Director may take to improve
    education in the scientific, technology, engineering, arts, and
    mathematics (known as `STEAM') skills necessary to meet the
    long-term national security needs of the United States for
    personnel proficient in such skills; and
    ``(2) establish and conduct programs to carry out such
    actions.

    ``(c) Authorities.--
    ``(1) In general.--The Director, in support of educational
    programs in science, technology, engineering, the arts, and
    mathematics, may--
    ``(A) award grants to eligible entities;
    ``(B) provide cash awards and other items to
    eligible entities;
    ``(C) accept voluntary services from eligible
    entities;
    ``(D) support national competition judging, other
    educational event activities, and associated award
    ceremonies in connection with such educational programs;
    and
    ``(E) enter into one or more education partnership
    agreements with educational institutions in the United
    States for the purpose of encouraging and enhancing
    study in science, technology, engineering, the arts, and
    mathematics disciplines at all levels of education.
    ``(2) Education partnership agreements.--
    ``(A) Nature of assistance provided.--Under an
    education partnership agreement entered into with an
    educational institution under paragraph (1)(E), the
    Director may provide assistance to the educational
    institution by--
    ``(i) loaning equipment to the educational
    institution for any purpose and duration in
    support of such agreement that the Director
    considers appropriate;
    ``(ii) making personnel available to teach
    science courses or to assist in the development of
    science courses and materials for the educational
    institution;
    ``(iii) providing sabbatical opportunities for
    faculty and internship opportunities for students;
    ``(iv) involving faculty and students of the
    educational institution in Agency projects,
    including research and technology transfer or
    transition projects;
    ``(v) cooperating with the educational
    institution in developing a program under which
    students may be given academic credit for work on
    Agency projects, including research and technology
    transfer for transition projects; and
    ``(vi) providing academic and career advice
    and assistance to students of the educational
    institution.
    ``(B) Priorities.--In entering into education
    partnership agreements under paragraph (1)(E), the
    Director shall

    [[Page 2382]]

    prioritize entering into education partnership
    agreements with the following:
    ``(i) Historically Black colleges and
    universities and other minority-serving
    institutions, as described in section 371(a) of
    the Higher Education Act of 1965 (20 U.S.C.
    1067q(a)).
    ``(ii) Educational institutions serving women,
    members of minority groups, and other groups of
    individuals who traditionally are involved in the
    science, technology, engineering, arts, and
    mathematics professions in disproportionately low
    numbers.

    ``(d) Designation of Advisor.--The Director shall designate one or
    more individuals within the Agency to advise and assist the Director
    regarding matters relating to science, technology, engineering, the
    arts, and mathematics education and training.''.
    SEC. 502. <>  SEEDLING INVESTMENT IN NEXT-
    GENERATION MICROELECTRONICS IN SUPPORT
    OF ARTIFICIAL INTELLIGENCE.

    (a) Findings.--Congress finds that--
    (1) developing faster, more energy efficient, and more
    resilient computing is important to the future of the national
    security of the United States and the leadership by the United
    States in artificial intelligence; and
    (2) multidisciplinary teams co-designing microelectronics
    for artificial intelligence will lead to unprecedented
    capabilities that will help ensure that the United States
    maintains its superiority in this worldwide competition for
    economic and national security.

    (b) <>  Awards for Research and Development.--The
    Director of National Intelligence, acting through the Director of the
    Intelligence Advanced Research Projects Activity, shall award contracts
    or grants, or enter into transactions other than contracts, to encourage
    microelectronics research.

    (c) Use of Funds.--The Director shall award contracts or grants to,
    or enter into transactions other than contracts with, entities under
    subsection (b) to carry out any of the following:
    (1) Advanced engineering and applied research into novel
    computing models, materials, devices, architectures, or
    algorithms to enable the advancement of artificial intelligence
    and machine learning.
    (2) Research efforts to--
    (A) overcome challenges with engineering and applied
    research of microelectronics, including with respect to
    the physical limits on transistors, electrical
    interconnects, and memory elements; or
    (B) promote long-term advancements in computing
    technologies, including by fostering a unified and
    multidisciplinary approach encompassing research and
    development into algorithm design, computing
    architectures, microelectronic devices and circuits, and
    the chemistry and physics of new materials.
    (3) Any other activity the Director determines would promote
    the development of microelectronics research.

    (d) Award Amounts.--In awarding contracts or grants, or entering
    into transactions other than contracts, under subsection (b), the
    Director may award not more than a total of $15,000,000.

    [[Page 2383]]

    TITLE VI--REPORTS AND OTHER MATTERS

    SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
    TELECOMMUNICATIONS AND CYBERSECURITY
    EQUIPMENT AND SERVICES FOR, OR TO
    PROVIDE SUCH EQUIPMENT AND SERVICES TO,
    CERTAIN ALLIES OF THE UNITED STATES.

    (a) Definitions.--In this section:
    (1) Appropriate committees of congress.--The term
    ``appropriate committees of Congress'' means--
    (A) the Committee on Armed Services and the Select
    Committee on Intelligence of the Senate; and
    (B) the Committee on Armed Services and the
    Permanent Select Committee on Intelligence of the House
    of Representatives.
    (2) Five eyes country.--The term ``Five Eyes country'' means
    any of the following:
    (A) Australia.
    (B) Canada.
    (C) New Zealand.
    (D) The United Kingdom.
    (E) The United States.

    (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, and the Director of the
    Defense Intelligence Agency shall jointly submit to the appropriate
    committees of Congress a report on attempts by foreign adversaries to
    build telecommunications and cybersecurity equipment and services for,
    or to provide such equipment and services to, Five Eyes countries.
    (c) <> Elements.--The report submitted under
    subsection (b) shall include the following:
    (1) An assessment of United States intelligence sharing and
    intelligence and military force posture in any Five Eyes country
    that currently uses or intends to use telecommunications or
    cybersecurity equipment or services provided by a foreign
    adversary of the United States, including China and Russia.
    (2) A description and assessment of mitigation of any
    potential compromises or risks for any circumstance described in
    paragraph (1).

    (d) Form.--The report required by subsection (b) shall include an
    unclassified executive summary, and may include a classified annex.
    SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS
    AND ENTITIES OF COMMERCIALLY AVAILABLE
    CYBER INTRUSION AND SURVEILLANCE
    TECHNOLOGY.

    (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees, the Committee on
    Homeland Security and Governmental Affairs of the Senate, and the
    Committee on Homeland Security of the House of Representatives a report
    on the threats posed by the use by

    [[Page 2384]]

    foreign governments and entities of commercially available cyber
    intrusion and other surveillance technology.
    (b) Contents.--The report required by subsection (a) shall include
    the following:
    (1) Matters relating to threats described in subsection (a)
    as they pertain to the following:
    (A) The threat posed to United States persons and
    persons inside the United States.
    (B) The threat posed to United States personnel
    overseas.
    (C) The threat posed to employees of the Federal
    Government, including through both official and personal
    accounts and devices.
    (2) A description of which foreign governments and entities
    pose the greatest threats from the use of technology described
    in subsection (a) and the nature of those threats.
    (3) <>  An assessment of the source of
    the commercially available cyber intrusion and other
    surveillance technology that poses the threats described in
    subsection (a), including whether such technology is made by
    United States companies or companies in the United States or by
    foreign companies.
    (4) <>  An assessment of actions taken,
    as of the date of the enactment of this Act, by the Federal
    Government and foreign governments to limit the export of
    technology described in subsection (a) from the United States or
    foreign countries to foreign governments and entities in ways
    that pose the threats described in such subsection.
    (5) Matters relating to how the Federal Government,
    Congress, and foreign governments can most effectively mitigate
    the threats described in subsection (a), including matters
    relating to the following:
    (A) Working with the technology and
    telecommunications industry to identify and improve the
    security of consumer software and hardware used by
    United States persons and persons inside the United
    States that is targeted by commercial cyber intrusion
    and surveillance software.
    (B) Export controls.
    (C) Diplomatic pressure.
    (D) Trade agreements.

    (c) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
    COMMISSION.

    (a) Appropriate Committees of Congress.--In this section, the term
    ``appropriate committees of Congress'' means--
    (1) the Committee on Armed Services, the Select Committee on
    Intelligence, the Committee on Homeland Security and
    Governmental Affairs, the Committee on Commerce, Science, and
    Transportation, and the Committee on Energy and Natural
    Resources of the Senate; and
    (2) the Committee on Armed Services, the Permanent Select
    Committee on Intelligence, the Committee on Homeland Security,
    the Committee on Science, Space, and Technology, and

    [[Page 2385]]

    the Committee on Energy and Commerce of the House of
    Representatives.

    (b) Reports Required.--Not later than 180 days after the date of the
    enactment of this Act, each head of an agency described in subsection
    (c) shall submit to the appropriate committees of Congress a report on
    the recommendations included in the report issued by the Cyberspace
    Solarium Commission under section 1652(k) of the John S. McCain National
    Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232).
    (c) Agencies Described.--The agencies described in this subsection
    are the following:
    (1) The Office of the Director of National Intelligence.
    (2) The Department of Homeland Security.
    (3) The Department of Energy.
    (4) The Department of Commerce.
    (5) The Department of Defense.

    (d) Contents.--Each report submitted under subsection (b) by the
    head of an agency described in subsection (c) shall include the
    following:
    (1) <>  An evaluation of the
    recommendations in the report described in subsection (b) that
    the agency identifies as pertaining directly to the agency.
    (2) A description of the actions taken, or the actions that
    the head of the agency may consider taking, to implement any of
    the recommendations (including a comprehensive estimate of
    requirements for appropriations to take such actions).
    SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
    ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND
    SEMICONDUCTORS AND RELATED SUPPLY
    CHAINS.

    (a) Assessment Required.--Not later than 180 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    complete a detailed assessment of critical technology trends relating to
    artificial intelligence, microchips, and semiconductors and related
    supply chains.
    (b) Elements.--The assessment required by subsection (a) shall
    include the following:
    (1) Export controls.--
    (A) In general.--An assessment of efforts by partner
    countries to enact and implement export controls and
    other technology transfer measures with respect to
    artificial intelligence, microchips, advanced
    manufacturing equipment, and other artificial
    intelligence enabled technologies critical to United
    States supply chains.
    (B) Identification of opportunities for
    cooperation.--The assessment under subparagraph (A)
    shall identify opportunities for further cooperation
    with international partners on a multilateral and
    bilateral basis to strengthen export control regimes and
    address technology transfer threats.
    (2) Semiconductor supply chains.--
    (A) In general.--An assessment of global
    semiconductor supply chains, including areas to reduce
    United States vulnerabilities and maximize points of
    leverage.
    (B) Analysis of potential effects.--The assessment
    under subparagraph (A) shall include an analysis of the

    [[Page 2386]]

    potential effects of significant geopolitical shifts,
    including those related to Taiwan.
    (C) Identification of opportunities for
    diversification.--The assessment under subparagraph (A)
    shall also identify opportunities for diversification of
    United States supply chains, including an assessment of
    cost, challenges, and opportunities to diversify
    manufacturing capabilities on a multinational basis.
    (3) Computing power.--An assessment of trends relating to
    computing power and the effect of such trends on global
    artificial intelligence development and implementation, in
    consultation with the Director of the Intelligence Advanced
    Research Projects Activity, the Director of the Defense Advanced
    Research Projects Agency, and the Director of the National
    Institute of Standards and Technology, including forward-looking
    assessments of how computing resources may affect United States
    national security, innovation, and implementation relating to
    artificial intelligence.

    (c) Report.--
    (1) Definition of appropriate committees of congress.--In
    this subsection, the term ``appropriate committees of Congress''
    means--
    (A) the Select Committee on Intelligence, the
    Committee on Armed Services, the Committee on Banking,
    Housing, and Urban Affairs, the Committee on Foreign
    Relations, and the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    (B) the Permanent Select Committee on Intelligence,
    the Committee on Armed Services, the Committee on
    Financial Services, the Committee on Foreign Affairs,
    and the Committee on Homeland Security of the House of
    Representatives.
    (2) In general.--Not later than 180 days after the date of
    the enactment of this Act, the Director shall submit to the
    appropriate committees of Congress a report on the findings of
    the Director with respect to the assessment completed under
    subsection (a).
    (3) Form.--The report submitted under paragraph (2) shall be
    submitted in unclassified form, but may include a classified
    annex.
    SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED
    STATES AND STRENGTHENING CIVIL LIBERTIES
    PROTECTIONS.

    (a) Updates to Annual Reports on Influence Operations and Campaigns
    in the United States by the Chinese Communist Party.--Section 1107(b) of
    the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
    (1) by redesignating paragraph (8) as paragraph (9); and
    (2) by inserting after paragraph (7) the following:
    ``(8) An identification of influence activities and
    operations employed by the Chinese Communist Party against the
    United States science and technology sectors, specifically
    employees of the United States Government, researchers,
    scientists, and students in the science and technology sector in
    the United States.''.

    [[Page 2387]]

    (b) Plan for Federal Bureau of Investigation to Increase Public
    Awareness and Detection of Influence Activities by the Government of the
    People's Republic of China.--
    (1) <> Plan required.--Not later than 90
    days after the date of the enactment of this Act, the Director
    of the Federal Bureau of Investigation shall submit to the
    congressional intelligence committees a plan to increase public
    awareness of influence activities by the Government of the
    People's Republic of China.
    (2) Consultation.--In carrying out paragraph (1), the
    Director shall consult with the following:
    (A) The Director of the Office of Science and
    Technology Policy.
    (B) Such other stakeholders outside the intelligence
    community, including professional associations,
    institutions of higher education, businesses, and civil
    rights and multicultural organizations, as the Director
    determines relevant.

    (c) Recommendations of the Federal Bureau of Investigation to
    Strengthen Relationships and Build Trust With Communities of Interest.--
    (1) In general.--The Director of the Federal Bureau of
    Investigation, in consultation with the Assistant Attorney
    General for the Civil Rights Division and the Chief Privacy and
    Civil Liberties Officer of the Department of Justice, shall
    develop recommendations to strengthen relationships with
    communities targeted by influence activities of the Government
    of the People's Republic of China and build trust with such
    communities through local and regional grassroots outreach.
    (2) <>  Submittal to congress.--Not later
    than 1 year after the date of the enactment of this Act, the
    Director shall submit to Congress the recommendations developed
    under paragraph (1).

    (d) Technical Corrections.--The National Security Act of 1947 (50
    U.S.C. 3001 et seq.) is amended--
    (1) in section 1107 (50 U.S.C. 3237)--
    (A) in the section heading, by striking
    ``communist party of
    china'' and inserting ``chinese
    communist party''; and
    (B) by striking ``Communist Party of China'' both
    places it appears and inserting ``Chinese Communist
    Party''; and
    (2) in the table of contents before section 2 (50 U.S.C.
    3002), by striking the item relating to section 1107 and
    inserting the following new item:

    ``Sec. 1107. Annual reports on influence operations and campaigns in the
    United States by the Chinese Communist Party.''.

    SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS
    OF THE CHINESE COMMUNIST PARTY.

    (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
    (1) the Committee on Banking, Housing, and Urban Affairs,
    the Committee on Finance, the Committee on Foreign Relations,
    and the Select Committee on Intelligence of the Senate; and
    (2) the Committee on Financial Services, the Committee on
    Foreign Affairs, the Committee on Ways and Means, and the
    Permanent Select Committee on Intelligence of the House of
    Representatives.

    [[Page 2388]]

    (b) Annual Report Required.--
    (1) In general.--Not later than 90 days after the date of
    the enactment of this Act, and annually thereafter through 2025,
    the Director of the Central Intelligence Agency shall submit to
    the appropriate committees of Congress a report on the
    corruption and corrupt activities of senior officials of the
    Chinese Communist Party.
    (2) Elements.--
    (A) In general.--Each report under paragraph (1)
    shall include the following:
    (i) A description of the wealth of, and
    corruption and corrupt activities among, senior
    officials of the Chinese Communist Party.
    (ii) A description of any recent actions of
    the officials described in clause (i) that could
    be considered a violation, or potential violation,
    of United States law.
    (iii) <>  A description and
    assessment of targeted financial measures,
    including potential targets for designation of the
    officials described in clause (i) for the
    corruption and corrupt activities described in
    that clause and for the actions described in
    clause (ii).
    (B) Scope of reports.--The first report under
    paragraph (1) shall include comprehensive information on
    the matters described in subparagraph (A). Any
    succeeding report under paragraph (1) may consist of an
    update or supplement to the preceding report under that
    subsection.
    (3) Coordination.--In preparing each report, update, or
    supplement under this subsection, the Director of the Central
    Intelligence Agency shall coordinate as follows:
    (A) In preparing the description required by clause
    (i) of paragraph (2)(A), the Director of the Central
    Intelligence Agency shall coordinate with the head of
    the Office of Intelligence and Analysis of the
    Department of the Treasury and the Director of the
    Federal Bureau of Investigation.
    (B) In preparing the descriptions required by
    clauses (ii) and (iii) of such paragraph, the Director
    of the Central Intelligence Agency shall coordinate with
    the head of the Office of Intelligence and Analysis of
    the Department of the Treasury.
    (4) Form.--Each report under paragraph (1) shall include an
    unclassified executive summary, and may include a classified
    annex.

    (c) Sense of Congress.--It is the sense of Congress that the United
    States should undertake every effort and pursue every opportunity to
    expose the corruption and illicit practices of senior officials of the
    Chinese Communist Party, including President Xi Jinping.
    SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER
    EASTERN EUROPEAN OLIGARCHS.

    (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--

    [[Page 2389]]

    (1) the Committee on Banking, Housing, and Urban Affairs,
    the Committee on Finance, the Committee on Foreign Relations,
    and the Select Committee on Intelligence of the Senate; and
    (2) the Committee on Financial Services, the Committee on
    Foreign Affairs, the Committee on Ways and Means, and the
    Permanent Select Committee on Intelligence of the House of
    Representatives.

    (b) Report Required.--Not later than 100 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency
    shall submit to the appropriate committees of Congress and the
    Undersecretary of State for Public Diplomacy and Public Affairs a report
    on the corruption and corrupt activities of Russian and other Eastern
    European oligarchs.
    (c) Elements.--
    (1) In general.--Each report under subsection (b) shall
    include the following:
    (A) A description of corruption and corrupt
    activities among Russian and other Eastern European
    oligarchs who support the Government of the Russian
    Federation, including estimates of the total assets of
    such oligarchs.
    (B) <>  An assessment of the
    impact of the corruption and corrupt activities
    described pursuant to subparagraph (A) on the economy
    and citizens of Russia.
    (C) A description of any connections to, or support
    of, organized crime, drug smuggling, or human
    trafficking by an oligarch covered by subparagraph (A).
    (D) A description of any information that reveals
    corruption and corrupt activities in Russia among
    oligarchs covered by subparagraph (A).
    (E) <>  A description and
    assessment of potential sanctions actions that could be
    imposed upon oligarchs covered by subparagraph (A) who
    support the leadership of the Government of Russia,
    including President Vladimir Putin.
    (2) Scope of reports.--The first report under subsection (a)
    shall include comprehensive information on the matters described
    in paragraph (1). Any succeeding report under subsection (a) may
    consist of an update or supplement to the preceding report under
    that subsection.

    (d) Coordination.--In preparing each report, update, or supplement
    under this section, the Director of the Central Intelligence Agency
    shall coordinate as follows:
    (1) In preparing the assessment and descriptions required by
    subparagraphs (A) through (D) of subsection (c)(1), the Director
    of the Central Intelligence Agency shall coordinate with the
    head of the Office of Intelligence and Analysis of the
    Department of the Treasury and the Director of the Federal
    Bureau of Investigation.
    (2) In preparing the description and assessment required by
    subparagraph (E) of such subsection, the Director of the Central
    Intelligence Agency shall coordinate with the head of the Office
    of Intelligence and Analysis of the Department of the Treasury.

    (e) Form.--
    (1) In general.--Subject to paragraph (2), each report under
    subsection (b) shall include an unclassified executive summary,
    and may include a classified annex.

    [[Page 2390]]

    (2) Unclassified form of certain information.--The
    information described in subsection (c)(1)(D) in each report
    under subsection (b) shall be submitted in unclassified form.
    SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE
    CHINESE COMMUNIST PARTY AND THE
    GOVERNMENT OF THE PEOPLE'S REPUBLIC OF
    CHINA.

    (a) Definitions.--In this section:
    (1) Appropriate committees of congress.--The term
    ``appropriate committees of Congress'' means--
    (A) the Select Committee on Intelligence, the
    Committee on Armed Services, the Committee on Foreign
    Relations, the Committee on Health, Education, Labor,
    and Pensions, and the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    (B) the Permanent Select Committee on Intelligence,
    the Committee on Armed Services, the Committee on Energy
    and Commerce, the Committee on Foreign Affairs, and the
    Committee on Homeland Security of the House of
    Representatives.
    (2) Critical infrastructure.--The term ``critical
    infrastructure'' has the meaning given such term in section
    1016(e) of the Uniting and Strengthening America by Providing
    Appropriate Tools Required to Intercept and Obstruct Terrorism
    (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).

    (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report identifying
    whether and how officials of the Chinese Communist Party and the
    Government of the People's Republic of China may have sought--
    (1) to suppress information about--
    (A) the outbreak of the novel coronavirus in Wuhan;
    (B) the spread of the virus through China; and
    (C) the transmission of the virus to other
    countries;
    (2) to spread disinformation relating to the pandemic; or
    (3) to exploit the pandemic to advance their national
    security interests.

    (c) Assessments.--The report required by subsection (b) shall
    include assessments of reported actions and the effect of those actions
    on efforts to contain the novel coronavirus pandemic, including each of
    the following:
    (1) The origins of the novel coronavirus outbreak, the time
    and location of initial infections, and the mode and speed of
    early viral spread.
    (2) Actions taken by the Government of China to suppress,
    conceal, or misinform the people of China and those of other
    countries about the novel coronavirus outbreak in Wuhan.
    (3) The effect of disinformation or the failure of the
    Government of China to fully disclose details of the outbreak on
    response efforts of local governments in China and other
    countries.
    (4) Diplomatic, political, economic, intelligence, or other
    pressure on other countries and international organizations to
    conceal information about the spread of the novel coronavirus
    and the response of the Government of China to the contagion,

    [[Page 2391]]

    as well as to influence or coerce early responses to the
    pandemic by other countries.
    (5) Efforts by officials of the Government of China to deny
    access to health experts and international health organizations
    to afflicted individuals in Wuhan, pertinent areas of the city,
    or laboratories of interest in China, including the Wuhan
    Institute of Virology.
    (6) Efforts by the Government of China, or those acting at
    its direction or with its assistance, to conduct cyber
    operations against international, national, or private health
    organizations conducting research relating to the novel
    coronavirus or operating in response to the pandemic.
    (7) Efforts to control, restrict, or manipulate relevant
    segments of global supply chains, particularly in the sale,
    trade, or provision of relevant medicines, medical supplies, or
    medical equipment as a result of the pandemic.
    (8) Efforts to advance the economic, intelligence, national
    security, and political objectives of the Government of China by
    exploiting vulnerabilities of foreign governments, economies,
    and companies under financial duress as a result of the pandemic
    or to accelerate economic espionage and intellectual property
    theft.
    (9) Efforts to exploit the disruption of the pharmaceutical
    and telecommunications industries as well as other industries
    tied to critical infrastructure and bilateral trade between
    China and the United States and between China and allies and
    partners of the United States in order to advance the economic
    and political objectives of the Government of China following
    the pandemic.

    (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS
    EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

    (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
    (1) the Select Committee on Intelligence, the Committee on
    Armed Services, and the Committee on Foreign Relations of the
    Senate; and
    (2) the Permanent Select Committee on Intelligence, the
    Committee on Armed Services, and the Committee on Foreign
    Affairs of the House of Representatives.

    (b) <>  Report Required.--Not later than 90
    days after the date of the enactment of this Act, the Director of the
    Defense Intelligence Agency, in consultation with such heads of other
    elements of the intelligence community as the Director considers
    appropriate, shall submit to the appropriate committees of Congress a
    report on--
    (1) the plans of the Government of the Islamic Republic of
    Iran to acquire military arms if the ban on arms transfers to or
    from such government under United Nations Security Council
    resolutions are lifted; and
    (2) the effect such arms acquisitions may have on regional
    security and stability.

    (c) Contents.--The report submitted under subsection (b) shall
    include assessments relating to plans of the Government of the Islamic
    Republic of Iran to acquire additional weapons, the intention

    [[Page 2392]]

    of other countries to provide such weapons, and the effect such
    acquisition and provision would have on regional stability, including
    with respect to each of the following:
    (1) The type and quantity of weapon systems under
    consideration for acquisition.
    (2) The countries of origin of such systems.
    (3) Likely reactions of other countries in the region to
    such acquisition, including the potential for proliferation by
    other countries in response.
    (4) The threat that such acquisition could present to
    international commerce and energy supplies in the region, and
    the potential implications for the national security of the
    United States.
    (5) The threat that such acquisition could present to the
    Armed Forces of the United States, of countries allied with the
    United States, and of countries partnered with the United States
    stationed in or deployed in the region.
    (6) The potential that such acquisition could be used to
    deliver chemical, biological, or nuclear weapons.
    (7) The potential for the Government of the Islamic Republic
    of Iran to proliferate weapons acquired in the absence of an
    arms embargo to regional groups, including Shi'a militia groups
    backed by such government.

    (d) Form.--The report submitted under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
    NONPROLIFERATION.

    (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
    (1) the Select Committee on Intelligence, the Committee on
    Armed Services, and the Committee on Foreign Relations of the
    Senate; and
    (2) the Permanent Select Committee on Intelligence, the
    Committee on Armed Services, and the Committee on Foreign
    Affairs of the House of Representatives.

    (b) <>  Report Required.--Not later than 90 days
    after the date of the enactment of this Act, the Director of National
    Intelligence shall submit to the appropriate committees of Congress a
    report assessing--
    (1) any relevant activities potentially relating to nuclear
    weapons research and development by the Islamic Republic of
    Iran; and
    (2) any relevant efforts to afford or deny international
    access in accordance with international nonproliferation
    agreements.

    (c) <> Assessments.--The report required by
    subsection (b) shall include assessments, for the period beginning on
    January 1, 2018, and ending on the date of the submittal of the report,
    of the following:
    (1) Activities to research, develop, or enrich uranium or
    reprocess plutonium with the intent or capability of creating
    weapons-grade nuclear material.

    [[Page 2393]]

    (2) Research, development, testing, or design activities
    that could contribute to or inform construction of a device
    intended to initiate or capable of initiating a nuclear
    explosion.
    (3) Efforts to receive, transmit, store, destroy, relocate,
    archive, or otherwise preserve research, processes, products, or
    enabling materials relevant or relating to any efforts assessed
    under paragraph (1) or (2).
    (4) Efforts to afford or deny international access, in
    accordance with international nonproliferation agreements, to
    locations, individuals, and materials relating to activities
    described in paragraph (1), (2), or (3).

    (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
    SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
    REPUBLIC OF CHINA IN THE HONG KONG
    SPECIAL ADMINISTRATIVE REGION.

    (a) <>  Finding.--Congress finds that the
    National People's Congress of the People's Republic of China promulgated
    the Law of the People's Republic of China on Safeguarding National
    Security in the Hong Kong Special Administrative Region on June 30,
    2020.

    (b) Reports.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.), is amended by inserting after section 1107 the
    following new section:
    ``SEC. 1107A. <>  ANNUAL REPORTS ON SECURITY
    SERVICES OF THE PEOPLE'S REPUBLIC OF
    CHINA IN THE HONG KONG SPECIAL
    ADMINISTRATIVE REGION.

    ``(a) Definitions.--In this section:
    ``(1) Appropriate congressional committees.--The term
    `appropriate congressional committees' means--
    ``(A) the congressional intelligence committees;
    ``(B) the Committee on Foreign Relations and the
    Committee on Armed Services of the Senate; and
    ``(C) the Committee on Foreign Affairs and the
    Committee on Armed Services of the House of
    Representatives.
    ``(2) Chinese security services.--The term `Chinese security
    services' means--
    ``(A) the security services of the Government of the
    People's Republic of China, including the Ministry of
    State Security and the Ministry of Public Security; and
    ``(B) any known front organizations or aliases
    associated with such security services, including
    officers associated with the national security division
    of the Hong Kong Police Force and other officers of the
    Hong Kong Police Force selected by the Committee for
    Safeguarding National Security to work on matters
    relating to national security.

    ``(b) <> Requirement.--On an annual basis
    through 2047, the Director of National Intelligence shall submit to the
    appropriate congressional committees a report on the presence and
    activities of Chinese security services operating within the Hong Kong
    Special Administrative Region.

    ``(c) Contents.--Each report under subsection (b) shall include,
    with respect to the year covered by the report, the following:
    ``(1) Identification of the approximate number of personnel
    affiliated with Chinese security services operating within the
    Hong Kong Special Administrative Region, including a breakdown
    of such personnel by the specific security service and

    [[Page 2394]]

    the division of the security service, and (to the extent
    possible) an identification of any such personnel associated
    with the national security division of the Hong Kong Police
    Force.
    ``(2) A description of the command and control structures of
    such security services, including information regarding the
    extent to which such security services are controlled by the
    Government of the Hong Kong Special Administrative Region or the
    Government of the People's Republic of China.
    ``(3) A description of the working relationship and
    coordination mechanisms of the Chinese security services with
    the police force of the Hong Kong Special Administrative Region.
    ``(4) <>  A description of the
    activities conducted by Chinese security services operating
    within the Hong Kong Special Administrative Region, including--
    ``(A) information regarding the extent to which such
    security services, and officers associated with the
    national security division of the Hong Kong Police
    Force, are engaged in frontline policing, serving in
    advisory and assistance roles, or both;
    ``(B) an assessment of the likelihood of such
    security services conducting renditions of individuals
    from the Hong Kong Special Administrative Region to
    China and a listing of every known individual subject to
    such rendition during the year covered by the report;
    and
    ``(C) an assessment of how such activities conducted
    by Chinese security services contribute to self-
    censorship and corruption within the Hong Kong Special
    Administrative Region.
    ``(5) <> A discussion of the doctrine and
    tactics employed by Chinese security services operating within
    the Hong Kong Special Administrative Region, including an
    overview of the extent to which such security services employ
    surveillance, detection, and control methods, including `high-
    tech' policing models and `preventative policing tactics', that
    are consistent with the rise of digital authoritarianism, and
    used in a manner similar to methods used in the Xinjiang region
    of China.
    ``(6) An overview of the funding for Chinese security
    services operating within the Hong Kong Special Administrative
    Region, including an assessment of the extent to which funding
    is drawn locally from the Hong Kong Special Administrative
    Region Government or from the Government of China.
    ``(7) A discussion of the various surveillance technologies
    used by security services operating within the Hong Kong Special
    Administrative Region, including--
    ``(A) <>  a list of the key companies
    that provide such technologies; and
    ``(B) <>  an assessment of the
    degree to which such technologies can be accessed by
    Chinese security services operating within the Hong Kong
    Special Administrative Region.

    ``(d) Coordination.--In carrying out subsection (b), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, the Assistant Secretary of State for the Bureau of
    Intelligence and Research, and any other relevant head of an element of
    the intelligence community.

    [[Page 2395]]

    ``(e) Form.--Each report submitted to the appropriate congressional
    committees under subsection (b) shall be submitted in unclassified form,
    but may include a classified annex.''.
    (c) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1107 the following new item:

    ``Sec. 1107A. Annual reports on security services of the People's
    Republic of China in the Hong Kong Special Administrative
    Region.''.

    SEC. 612. <>  RESEARCH PARTNERSHIP ON
    ACTIVITIES OF PEOPLE'S REPUBLIC OF
    CHINA.

    (a) Research Partnership.--
    (1) Requirement.--Not later than 180 days after the date of
    the enactment of this Act, the Director of the National
    Geospatial-Intelligence Agency shall seek to enter into a
    partnership with an academic or non-profit research institution
    to--
    (A) carry out joint unclassified geospatial
    intelligence analyses of the activities of the People's
    Republic of China that pose risks to the national
    security interests of the United States; and
    (B) <>  make
    available on a publicly available internet website
    unclassified geospatial intelligence products relating
    to such analyses.
    (2) Elements.--The Director shall ensure that the activities
    of China analyzed under paragraph (1)(A) include the following:
    (A) Any notable developments relating to the global
    activities of the People's Liberation Army Ground Force,
    the People's Liberation Army Navy, the People's
    Liberation Army Air Force, the People's Liberation Army
    Rocket Force, the People's Liberation Army Strategic
    Support Force, and the Chinese People's Armed Police
    Force Coast Guard Corps.
    (B) Infrastructure projects associated with the
    ``One Belt, One Road'' Initiative.
    (C) Maritime land reclamation activities conducted
    by China in the South China Sea, the Indian Ocean
    region, and the broader maritime commons.
    (D) Matters relevant to global public health and
    climate security, including--
    (i) indications and warnings of disease
    outbreaks with pandemic potential;
    (ii) the activities of China likely
    contributing to climate change; and
    (iii) any environmental degradation directly
    resulting from the practices of China.
    (3) Consortium.--In carrying out paragraph (1), the Director
    may enter into a partnership with--
    (A) one research institution; or
    (B) <>  a consortium of
    research institutions if the Director determines that
    the inclusion of multiple institutions will result in
    more effective research conducted pursuant to this
    section or improve the outcomes of such research.

    [[Page 2396]]

    (4) Duration.--The Director shall carry out a partnership
    under this section for a period that is not less than 10 years
    following the date of the enactment of this Act.
    (5) Improvements to partnership.--The Director may modify
    the partnership under paragraph (1) or select a new research
    institution with which to enter into such a partnership if--
    (A) <>  the Director consults
    with the congressional intelligence committees with
    respect to the proposed modified or new partnership;
    (B) the modified or new partnership is carried out
    in accordance with this section; and
    (C) <>  the Director
    determines that the modified or new partnership will
    result in more effective research conducted pursuant to
    this section or improve the outcomes of such research.

    (b) Open-Source Data.--
    (1) Identification and publication.--During the life of the
    partnership under subsection (a), the Director shall regularly--
    (A) identify raw, unclassified geospatial data that
    could improve the research conducted under the
    partnership if the data was made publicly available; and
    (B) <>  make such data
    publicly available.
    (2) Consultation.--The Director shall carry out paragraph
    (1) in consultation with the research institution or consortium
    of research institutions involved with the partnership under
    subsection (a).

    (c) <>  Briefings.--Not later than 270 days after
    the date of the enactment of this Act, and annually thereafter during
    the life of the partnership under subsection (a), the Director shall
    provide to the appropriate congressional committees a briefing on the
    partnership. Each such briefing shall include the following:
    (1) The outcomes of research conducted under the
    partnership.
    (2) Identification of the actions that have been taken to
    increase the quantity and quality of unclassified geospatial
    analysis products made publicly available under the partnership,
    including the quantity and types of raw data the partnership has
    made publicly available.
    (3) Identification of actual and projected costs to carry
    out the partnership.

    (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the congressional intelligence committees;
    (2) Committee on Foreign Relations and the Subcommittee on
    Defense of the Committee on Appropriations of the Senate; and
    (3) Committee on Foreign Affairs and the Subcommittee on
    Defense of the Committee on Appropriations of the House of
    Representatives.

    [[Page 2397]]

    SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE
    EQUIPMENT REGULATORY PRACTICES OF THE
    PEOPLE'S REPUBLIC OF CHINA.

    (a) Report.--Not later than 120 days after the date of the enactment
    of this Act, the Director of National Intelligence shall submit to the
    appropriate congressional committees a report on--
    (1) the pharmaceutical and personal protective equipment
    regulatory practices of the People's Republic of China; and
    (2) the effects of such practices on the national security
    of the United States.

    (b) <> Contents.--The report under subsection
    (a) shall include the following:
    (1) An assessment of the quantity of active pharmaceutical
    ingredients produced annually within China.
    (2) <>  An estimate of the percentage of
    active pharmaceutical ingredients produced globally that
    originate in China.
    (3) A description of the National Medical Products
    Administration of China, including with respect to--
    (A) the roles and responsibilities of the
    Administration;
    (B) the organizational structure of the
    Administration; and
    (C) any affiliated institutions of the National
    Medical Products Administration.
    (4) An assessment of the capacity of the National Medical
    Products Administration to effectively develop safety standards,
    efficacy standards, and any other relevant standards concerning
    the production of active pharmaceutical ingredients and
    pharmaceutical drugs.
    (5) An assessment of the capacity of the National Medical
    Products Administration to enforce standards on the production
    and distribution of active pharmaceutical ingredients and
    pharmaceutical drugs.
    (6) An overview of qualitative disparities between active
    pharmaceutical ingredients and pharmaceutical drugs approved by
    the National Medical Products Administration and similar drugs
    subject to regulatory oversight and approval in the markets of
    the member states of the Organisation for Economic Co-operation
    and Development.
    (7) An assessment of the qualitative disparities between the
    standards and enforcement practices of the National Medical
    Products Administration on the production and distribution of
    active pharmaceutical ingredients and pharmaceutical drugs and
    the good manufacturing practice guidelines issued by the
    International Council for Harmonization of Technical
    Requirements for Pharmaceuticals for Human Use.
    (8) An assessment of the susceptibility of the National
    Medical Products Administration, the subordinate organizations
    of the National Medical Products Administration, and other
    associated personnel to engage in corrupt practices,
    particularly practices that relate to assessing the safety of
    pharmaceutical ingredients and other pharmaceutical drugs within
    the authority of the National Medical Products Administration.
    (9) An assessment of the national security risks associated
    with the reliance by the United States on pharmaceutical
    ingredients and pharmaceutical drugs originating in China,
    including an assessment of how and whether China could leverage
    its production of certain pharmaceutical ingredients as

    [[Page 2398]]

    a means to coerce the United States or the partners and allies
    of the United States.
    (10) An assessment of the percentage of personal protective
    equipment produced globally that originates in China.
    (11) An assessment of the national security risks associated
    with any reliance by the United States on personal protective
    equipment originating in China, including an assessment of how
    and whether China could leverage its production of personal
    protective equipment as a means to coerce the United States or
    the partners and allies of the United States.

    (c) Coordination.--In carrying out subsection (a), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and any other relevant head of an element of the
    intelligence community as well as the Commissioner of the Food and Drug
    Administration.
    (d) Form.--The report submitted to the appropriate congressional
    committees under subsection (a) shall be submitted in unclassified form,
    but may include a classified annex.
    (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the congressional intelligence committees;
    (2) the Committee on Foreign Affairs and the Committee on
    Energy and Commerce of the House of Representatives; and
    (3) the Committee on Foreign Relations and the Committee on
    Finance of the Senate.
    SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN
    AFGHANISTAN.

    (a) Requirement.--The Director of National Intelligence, acting
    through the National Intelligence Council, shall produce a National
    Intelligence Estimate on the situation in Afghanistan.
    (b) <>  Matters.--The National Intelligence
    Estimate produced under subsection (a) shall include an assessment of
    the prospects of a durable intra-Afghan settlement of the conflict in
    Afghanistan that leads to--
    (1) a permanent ceasefire and sustained reduction in
    violence;
    (2) a verifiable break between the Taliban and al-Qaeda;
    (3) verifiable cooperation by the Taliban in efforts against
    al-Qaeda, the Islamic State of Iraq and the Levant Khorasan, and
    associated international terrorists the intelligence community
    determines are active in Afghanistan and pose a threat to the
    United States homeland or United States interests abroad; and
    (4) sustainment of the social and human rights progress
    achieved by Afghan women and girls since 2001.

    (c) Submission to Congress.--
    (1) <>  Submission.--Not later than
    February 1, 2021, the Director shall submit to the congressional
    intelligence committees the National Intelligence Estimate
    produced under subsection (a), including all intelligence
    reporting underlying the Estimate.

    [[Page 2399]]

    (2) <>  Notice regarding
    submission.--If before February 1, 2021, the Director determines
    that the National Intelligence Estimate produced under
    subsection (a) cannot be submitted by such date, the Director
    shall (before such date)--
    (A) submit to the congressional intelligence
    committees a report setting forth the reasons why the
    National Intelligence Estimate cannot be submitted by
    such date and an estimated date for the submission of
    the National Intelligence Estimate; and
    (B) testify before the congressional intelligence
    committees on the issues that will be covered by the
    National Intelligence Estimate.
    (3) Form.--The National Intelligence Estimate shall be
    submitted under paragraph (1) in classified form.

    (d) <>  Public Version.--Consistent with the
    protection of intelligence sources and methods, at the same time as the
    Director submits to the congressional intelligence committees the
    National Intelligence Estimate under subsection (c), the Director shall
    make publicly available on the internet website of the Director an
    unclassified version of the key findings of the National Intelligence
    Estimate.
    SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND
    AZERBAIJAN.

    (a) <>  Assessment Required.--Not later than 90
    days after the date of the enactment of this Act, the Director of
    National Intelligence shall submit to the congressional intelligence
    committees a written assessment regarding tensions between the
    governments of Armenia and Azerbaijan, including with respect to the
    status of the Nagorno-Karabakh region. Such assessment shall include
    each of the following:
    (1) An identification of the strategic interests of the
    United States and its partners in the Armenia-Azerbaijan region.
    (2) A description of all significant uses of force in and
    around the Nagorno-Karabakh region and the border between
    Armenia and Azerbaijan during calendar year 2020, including a
    description of each significant use of force and an assessment
    of who initiated the use of such force.
    (3) An assessment of the effect of United States military
    assistance to Azerbaijan and Armenia on the regional balance of
    power and the likelihood of further use of military force.
    (4) An assessment of the likelihood of any further uses of
    force or potentially destabilizing activities in the region in
    the near- to medium-term.

    (b) Form of Assessment.--The assessment required under this section
    shall be submitted in unclassified form, but may contain a classified
    annex.
    SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

    It is the sense of the Congress that--
    (1) the work of the Third Option Foundation to heal, help,
    and honor members of the special operations community of the
    Central Intelligence Agency and their families is invaluable;
    and
    (2) the Director of the Central Intelligence Agency should
    work closely with the Third Option Foundation in implementing
    section 19A of the Central Intelligence Agency Act of 1949 (50
    U.S.C. 3519b), as added by section 6412 of the Damon

    [[Page 2400]]

    Paul Nelson and Matthew Young Pollard Intelligence Authorization
    Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-92).
    SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.

    (a) In General.--Title I of the National Security Act of 1947 (50
    U.S.C. 3021 et seq.) is amended by inserting after section 108A the
    following new section:
    ``SEC. 108B. <>  ANNUAL REPORTS ON WORLDWIDE
    THREATS.

    ``(a) Definition of Appropriate Congressional Committees.--In this
    section, the term `appropriate congressional committees' means--
    ``(1) the congressional intelligence committees; and
    ``(2) the Committees on Armed Services of the House of
    Representatives and the Senate.

    ``(b) <>  Annual Reports.--Not later than the
    first Monday in February 2021, and each year thereafter, the Director of
    National Intelligence, in coordination with the heads of the elements of
    the intelligence community, shall submit to the appropriate
    congressional committees a report containing an assessment of the
    intelligence community with respect to worldwide threats to the national
    security of the United States.

    ``(c) Form.--Each report under subsection (b) shall be submitted in
    unclassified form, but may include a classified annex only for the
    protection of intelligence sources and methods relating to the matters
    contained in the report.
    ``(d) Hearings.--
    ``(1) <>  Open hearings.--
    Upon request by the appropriate congressional committees, the
    Director (and any other head of an element of the intelligence
    community determined appropriate by the committees in
    consultation with the Director) shall testify before such
    committees in an open setting regarding a report under
    subsection (b).
    ``(2) Closed hearings.--Any information that may not be
    disclosed during an open hearing under paragraph (1) in order to
    protect intelligence sources and methods may instead be
    discussed in a closed hearing that immediately follows such open
    hearing.''.

    (b) Clerical Amendment.--The table of contents at the beginning of
    such Act is amended by inserting after the item relating to section 108A
    the following new item:

    ``Sec. 108B. Annual reports on world-wide threats.''.

    SEC. 618. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.

    Section 120 of the National Security Act of 1947 (50 U.S.C. 3060),
    as amended by section 405, is further amended--
    (1) by redesignating subsection (d) as subsection (e); and
    (2) by inserting after subsection (c) the following new
    subsection (d):

    ``(d) Annual Report.--Not later than January 31, 2021, and not less
    frequently than annually thereafter, the chair of the Council shall
    submit, on behalf of the Council, to the congressional intelligence
    committees a report describing the activities of the Council as
    described in subsection (c) during the year preceding the year during
    which the report is submitted.''.

    [[Page 2401]]

    SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION
    PROGRAM.

    (a) Funding for Scholarship, Fellowship, and Grant Programs.--
    Section 810 of the David L. Boren National Security Education Act of
    1991 (50 U.S.C. 1910) is amended--
    (1) in subsection (c), by striking ``for each fiscal year,
    beginning with fiscal year 2005,'' and inserting ``for each of
    fiscal years 2005 through 2021''; and
    (2) by adding at the end the following new subsection:

    ``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for a
    fiscal year, there is authorized to be appropriated to the Secretary for
    each fiscal year, beginning with fiscal year 2022, $8,000,000, to carry
    out the scholarship, fellowship, and grant programs under subparagraphs
    (A), (B), and (C), respectively, of section 802(a)(1).''.
    (b) Funding for National Flagship Language Initiative.--Section 811
    of such Act (50 U.S.C. 1911) is amended--
    (1) in subsection (a), by striking `` $10,000,000'' and
    inserting `` $16,000,000''; and
    (2) in subsection (b), by striking ``for each fiscal year,
    beginning with fiscal year 2005,'' and inserting ``for each of
    fiscal years 2005 through 2021''.

    (c) Funding for Scholarship Program for Advanced English Language
    Studies.--Section 812 of the David L. Boren National Security Education
    Act of 1991 (50 U.S.C. 1912) is amended--
    (1) in subsection (a), by striking ``for each fiscal year,
    beginning with fiscal year 2005,'' and inserting ``for each of
    fiscal years 2005 through 2021'';
    (2) by redesignating subsection (b) as subsection (c);
    (3) by inserting after subsection (a) the following new
    subsection (b):

    ``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for a
    fiscal year, there is authorized to be appropriated to the Secretary for
    each fiscal year, beginning with fiscal year 2022, $2,000,000, to carry
    out the scholarship programs for English language studies by certain
    heritage community citizens under section 802(a)(1)(E).''; and
    (4) in subsection (c), as so redesignated, by striking
    ``subsection (a)'' and inserting ``this section''.
    SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL
    LIBERTIES, AND CIVIL RIGHTS OF CHINESE
    AMERICANS.

    (a) Report.--Section 5712 of the Damon Paul Nelson and Matthew Young
    Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
    2020 (Public Law 116-92; 133 Stat. 2171) <>  is--
    (1) transferred to title XI of the National Security Act of
    1947 (50 U.S.C. 3231 et seq.);
    (2) inserted after section 1109 of such title, as added by
    section 308;
    (3) redesignated as section 1110; and
    (4) amended--
    (A) in the heading, by striking ``and
    civil liberties'' and inserting ``,
    civil liberties, and civil
    rights''; and
    (B) in subsection (b)--

    [[Page 2402]]

    (i) in the matter preceding paragraph (1) by
    striking ``Not later than 180 days after the date
    of the enactment of this Act,'' and inserting ``On
    an annual basis,''; and
    (ii) by striking ``and civil liberties'', each
    place it appears and inserting ``, civil
    liberties, and civil rights''.

    (b) Clerical Amendment.--The table of contents at the beginning of
    the National Security Act of 1947 is amended by inserting after the item
    relating to section 1109, as added by section 308, the following new
    item:

    ``Sec. 1110. Report on best practices to protect privacy, civil
    liberties, and civil rights of Chinese Americans.''.

    SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL
    PANDEMIC DISEASE.

    (a) National Intelligence Estimate.--
    (1) <>  Requirement.--The Director of
    National Intelligence, acting through the National Intelligence
    Council, shall produce a National Intelligence Estimate on the
    threat of global pandemic disease, including with respect to the
    following:
    (A) An assessment of the possible courses of the
    COVID-19 pandemic during the 18 months following the
    date of the Estimate, including--
    (i) the projected spread of COVID-19 outside
    the United States and the likelihood of subsequent
    major outbreaks;
    (ii) the capacity of countries and
    international organizations to combat the further
    spread of COVID-19, including risks and
    opportunities for further global cooperation; and
    (iii) the risks to the national security and
    health security of the United States if COVID-19
    is not contained abroad.
    (B) An assessment of the global public health system
    and the responses of the system to the COVID-19
    pandemic, including--
    (i) prospects for an effective global disease
    surveillance and response system, opportunities to
    advance the development of such a system, and
    signposts for evaluating whether or not an
    effective system has been developed before a
    disease outbreak occurs; and
    (ii) an assessment of global health system
    capacity.
    (C) An assessment of--
    (i) the humanitarian and economic implications
    of the COVID-19 pandemic; and
    (ii) the consequences of the COVID-19 pandemic
    with respect to political stability, armed
    conflict, democratization, and the global
    leadership by the United States of the post-World
    War II international system.
    (D) An assessment of--
    (i) likely threats by global pandemic diseases
    during the 10-year period following the date of
    the Estimate;
    (ii) global readiness to avert a future global
    pandemic;

    [[Page 2403]]

    (iii) challenges and opportunities for the
    policy of the United States to advance global
    pandemic preparedness; and
    (iv) the potential role of non-state and
    state-backed global influence activities or
    disinformation campaigns involving COVID-19 or
    future potential global pandemics.
    (E) Any other matters the Director determines
    appropriate.
    (2) Submission to congress.--
    (A) <>  Submission.--Not later than
    90 days after the date of the enactment of this Act, the
    Director shall submit to the Permanent Select Committee
    on Intelligence of the House of Representatives and the
    Select Committee on Intelligence of the Senate the
    National Intelligence Estimate produced under paragraph
    (1), including all intelligence reporting underlying the
    Estimate.
    (B) <>  Notice regarding
    submission.--If before the end of the 90-day period
    specified in subparagraph (A) the Director determines
    that the National Intelligence Estimate under paragraph
    (1) cannot be submitted by the end of that period, the
    Director shall (before the end of that period)--
    (i) submit to the Permanent Select Committee
    on Intelligence of the House of Representatives
    and the Select Committee on Intelligence of the
    Senate a report setting forth--
    (I) the reasons why the National
    Intelligence Estimate cannot be
    submitted by the end of that period; and
    (II) an estimated date for the
    submission of the National Intelligence
    Estimate; and
    (ii) <>  testify before such
    committees on the issues that will be covered by
    the National Intelligence Estimate.
    (C) <>  Form.--The
    National Intelligence Estimate shall be submitted under
    subparagraph (A) in classified form.
    (3) <> Public version.--Consistent with
    the protection of intelligence sources and methods, at the same
    time as the Director submits to the congressional intelligence
    committees the National Intelligence Estimate under paragraph
    (2), the Director shall make publicly available on the internet
    website of the Director, an unclassified version of the National
    Intelligence Estimate.
    (4) Consultation.--The Director shall prepare the National
    Intelligence Estimate under paragraph (1) in consultation with
    the Secretary of Health and Human Services, the Director of the
    Centers for Disease Control and Prevention, the Secretary of
    State, and any other head of an element of the Federal
    Government the Director of National Intelligence determines
    appropriate.

    (b) Future Pandemic Plan.--
    (1) <> Requirement.--Not later than 90 days after
    the date of the enactment of this Act, the President shall make
    publicly available on the internet website of the President a
    report containing a whole-of-government plan for an effective
    response

    [[Page 2404]]

    to subsequent major outbreaks of the COVID-19 pandemic and for
    other future global pandemic diseases.
    (2) Matters included.--The plan under paragraph (1) shall
    address how to improve the following:
    (A) Pandemic planning.
    (B) Homeland preparedness.
    (C) International disease surveillance.
    (D) Diagnostic testing.
    (E) Contact tracing.
    (F) The role of the Federal Government with respect
    to the regulation, acquisition, and disbursement, of
    medical supplies and other public health resources
    necessary to respond to COVID-19 or other diseases with
    pandemic potential (including diagnostic testing
    equipment, biomedical equipment, drugs and medicines,
    and hygiene equipment).
    (G) The procurement and distribution of personal
    protective equipment.
    (H) Early domestic response to future global
    pandemic diseases in the United States.

    (c) <> Global Strategy.--Not later than 90 days after the
    date of the enactment of this Act, the President, in coordination with
    the Director of National Intelligence, shall make publicly available on
    the internet website of the President a report containing a global
    strategy for mobilizing international institutions to combat the COVID-
    19 pandemic.
    SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON NATIONAL
    SECURITY EFFECTS OF EMERGING INFECTIOUS
    DISEASE AND PANDEMICS.

    Section 6722(b)(2) of the Damon Paul Nelson and Matthew Young
    Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
    2020 (division E of Public Law 116-98) <> is
    amended--
    (1) in the paragraph heading, by striking ``Quinquennial''
    and inserting ``Annual'';
    (2) by striking ``beginning on the date that is 5 years
    after the date on which the Director submits the report under
    paragraph (1), and every 5 years thereafter'' and inserting
    ``not later than January 31, 2021, and annually thereafter'';
    and
    (3) by inserting ``required under paragraph (1)'' before the
    period at the end.
    SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.

    (a) <>  Study.--The Director of National
    Intelligence shall seek to enter into an agreement with a federally
    funded research and development center or a nongovernmental entity to
    conduct a comprehensive study on the future of the collection,
    processing, exploitation, analysis, dissemination, and evaluation of
    open-source intelligence by the intelligence community. The Director
    shall select such entity in consultation with the congressional
    intelligence committees.

    (b) <>  Matters Included.--The study under
    subsection (a) shall include the following:
    (1) Recommendations with respect to the governance of open-
    source intelligence within the intelligence community, including
    regarding--

    [[Page 2405]]

    (A) whether such governance of open-source
    intelligence should be assigned to a functional manager
    or an executive agent, or use another governance
    structure;
    (B) which official of the intelligence community
    should serve as such a functional manager, executive
    agent, or the leader of such other governance structure,
    and what authorities the official should have in serving
    in such role;
    (C) which official of the intelligence community
    should be responsible for conducting oversight by the
    executive branch for open-source intelligence;
    (D) which elements of the intelligence community
    should retain capabilities to collect, process, exploit,
    and disseminate open-source intelligence;
    (E) how to effectively integrate such collection
    capabilities among the elements of the intelligence
    community; and
    (F) whether to establish a new agency as an element
    of the intelligence community dedicated to open-source
    intelligence or to establish a fusion center to co-
    locate open-source intelligence capabilities of the
    elements of the intelligence community, including a
    discussion of the advantages and disadvantages of each
    such approach.
    (2) Recommendations regarding the requirements processes for
    open-source intelligence, including with respect to--
    (A) the utility (or disutility) of a unified
    collection management process for open-source
    intelligence for all of the intelligence community;
    (B) what such a process might look like;
    (C) ways to integrate an open-source requirements
    process into all-source collection management; and
    (D) ways that automation might be leveraged to
    facilitate open-source requirements and collection
    management.
    (3) <> An assessment of the value of
    rejuvenating a career service for a professional cadre of the
    intelligence community that focuses on collecting and
    disseminating open-source intelligence and recommendations for
    such a rejuvenation.
    (4) Recommendations regarding the need to adjust any legal
    and policy frameworks (including any applicable guidelines of
    the Attorney General) that would facilitate the collection,
    retention, and dissemination of open-source intelligence while
    balancing customer needs with the privacy interests of United
    States persons.
    (5) <>  An assessment of methods to use
    open-source intelligence to support the operations of the
    intelligence community, including recommendations on when and
    how open-source intelligence should support such operations.
    (6) With respect to the data management of open-source
    intelligence, recommendations on proposed data ingestion tools,
    scraping capabilities, and other tools and capabilities to
    collect, process, exploit, and analyze the volume of open-source
    intelligence, including recommendations on how the intelligence
    community can increase the speed and security with which the
    intelligence community adopts open-source technology and
    unclassified commercial products.
    (7) Any other matters the Director or the entity selected to
    conduct the study determines appropriate.

    [[Page 2406]]

    (c) Cooperation.--The Director shall make available to the entity
    selected to conduct the study under subsection (a) the necessary
    information and materials to conduct the study, including with respect
    to--
    (1) accessing secure workspaces;
    (2) accessing directives and policy guidance of the
    intelligence community and other policy documents regarding the
    governance and execution of open-source intelligence;
    (3) reviewing technological systems used to conduct open-
    source intelligence collection;
    (4) interviewing senior personnel of the intelligence
    community, including such personnel with responsibility for the
    open-source intelligence mission of the intelligence community;
    and
    (5) ensuring that each head of an element of the
    intelligence community provides the cooperation described in
    this subsection.

    (d) Consultation.--The entity selected to conduct the study under
    subsection (a) shall consult with the congressional intelligence
    committees before beginning to conduct such study.
    (e) Report.--Not later than 270 days after the date of the enactment
    of this Act, the Director shall submit to the congressional intelligence
    committees a report containing the study under subsection (a), without
    change. The report shall be unclassified, but may include a classified
    annex.
    SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.

    (a) Survey.--The Director of the Central Intelligence Agency (as the
    open source functional manager for the intelligence community), in
    consultation with the Director of National Intelligence and any other
    head of an element of the intelligence community that the Director of
    the Central Intelligence Agency determines appropriate, shall conduct a
    survey to measure the satisfaction of customers of open-source
    intelligence with the Open Source Enterprise of the Central Intelligence
    Agency.
    (b) <>  Purpose.--The Director shall ensure that
    the survey under subsection (a)--
    (1) evaluates which types of open-source intelligence
    supports the missions of the customers of such intelligence,
    regardless of whether the customers are elements of the
    intelligence community and regardless of whether the customers
    are receiving such intelligence from the Open Source Enterprise;
    (2) evaluates how responsive the Open Source Enterprise is
    to the missions of the elements of the intelligence community
    and the other customers of the Open Source Enterprise;
    (3) enables the Open Source Enterprise to set strategic
    priorities; and
    (4) enables Congress to better oversee the strategic
    direction of the Open Source Enterprise and to provide support
    to the collection and analysis of open-source intelligence.

    (c) Contents.--
    (1) Assessment.--The survey under subsection (a) shall
    include qualitative and quantitative questions designed to
    assess the following:
    (A) The value of support provided by the Open Source
    Enterprise to the mission of the customer taking the
    survey.

    [[Page 2407]]

    (B) The accessibility of the products of the Open
    Source Enterprise.
    (C) The frequency that such products are used in
    accomplishing the mission of the customer.
    (D) The responsiveness of the Open Source Enterprise
    to tasking requests.
    (E) Areas in which the Open Source Enterprise could
    improve.
    (F) The in-house open-source intelligence
    capabilities of the customer taking the survey,
    including--
    (i) a description of such capabilities;
    (ii) how such capabilities are tailored to the
    mission of the customer;
    (iii) when such capabilities were established;
    and
    (iv) whether and to what extent the customer
    coordinates with the Open Source Enterprise
    regarding such capabilities.
    (2) Survey answers.--A customer who receives the survey
    under subsection (a) shall make all reasonable efforts to
    respond fully and frankly to the survey.

    (d) Design Methodology.--In carrying out subsection (a), the
    Director of Central Intelligence shall seek advice regarding design
    methodology for customer satisfaction surveys from--
    (1) experts in survey design of the Central Intelligence
    Agency and the Office of the Director of National Intelligence;
    and
    (2) senior executives of the Bureau of Intelligence and
    Research of the Department of State who conduct a survey similar
    to the survey under subsection (a).

    (e) Report.--
    (1) Strategy.--Not later than 180 days after the date on
    which the survey is completed under subsection (a), the Director
    shall submit to the congressional intelligence committees a
    report on the strategic direction of the Open Source Enterprise
    based on the results of the survey, including explanations of
    how the Open Source Enterprise will--
    (A) build off the successes of the Open Source
    Enterprise; and
    (B) fill gaps in the collection, production,
    analysis, or dissemination of open-source intelligence.
    (2) <>  Form.--The report
    under paragraph (1) shall be submitted in classified form.
    (3) <> Briefing.--Not later than 30 days
    after the date on which the Director submits to the
    congressional intelligence committees the report under paragraph
    (1), the Director shall provide to such committees a briefing on
    the strategic direction of the Open Source Enterprise.
    SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL
    KHASHOGGI.

    (a) Findings.--Congress finds the following:
    (1) There is a strong bipartisan conviction, shared widely
    throughout the legislative and executive branches of the United
    States Government and elsewhere, that ensuring full
    accountability for the brutal murder on October 2, 2018, of
    Jamal Khashoggi, a former Washington Post columnist and resident

    [[Page 2408]]

    of the United States, is in the public interest and also the
    national interest of the United States.
    (2) Section 5714 of the Damon Paul Nelson and Matthew Young
    Pollard Intelligence Authorization Act for Fiscal Years 2018,
    2019, and 2020 (division E of Public Law 116-92; 133 Stat. 2173)
    required the Director of National Intelligence to submit to
    Congress a written report in ``unclassified form'' that includes
    ``identification of those who carried out, participated in,
    ordered, or were otherwise complicit in or responsible for the
    death of Jamal Khashoggi.''.
    (3) Section 1277 of the National Defense Authorization Act
    for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1701)
    likewise obligated the Director to submit to the Committee on
    Foreign Affairs and the Permanent Select Committee on
    Intelligence of the House of Representatives and the Committee
    on Foreign Relations and the Select Committee on Intelligence of
    the Senate a written report on the assessment of the
    intelligence community regarding Mr. Khashoggi's brutal murder.
    (4) Such section 1277 specifically called, among other
    things, for a determination and presentation of evidence with
    respect to the advance knowledge and role of any current or
    former official of the Government of Saudi Arabia or any current
    or former senior Saudi political figure over the directing,
    ordering, or tampering of evidence in relation to Mr.
    Khashoggi's murder.
    (5) Such section 1277 also required the Director to submit a
    list of foreign persons whom the Director has high confidence
    were responsible for, complicit in, or otherwise knowingly and
    materially assisted the murder, or impeded its impartial
    investigation, or who ordered or otherwise directed an act or
    acts contributing to or causing the murder.
    (6) Contrary to the unambiguous and lawful command of
    Congress under such sections 5714 and 1277, the Director did not
    produce any unclassified report as required by either such
    section, and instead, on February 20, 2020, the Director
    submitted to such committees a classified report, which the
    Director referred to as an ``annex''.
    (7) The evident belief of the Director that no unclassified
    information can be produced in accordance with the directives of
    Congress is dubious, in light of the extensive body of credible,
    unclassified reporting available regarding the murder of Mr.
    Khashoggi, and the roles and culpability of officials at the
    highest levels of the Government of Saudi Arabia.

    (b) Sense of Congress.--It is the sense of Congress that the
    Director of National Intelligence should reasonably have been able to
    produce an unclassified report pursuant to section 5714 of the Damon
    Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for
    Fiscal Years 2018, 2019, and 2020 and section 1277 of the National
    Defense Authorization Act for Fiscal Year 2020 that did not alter or
    obscure, in any way, the intelligence community's core determinations,
    its presentation of evidence, or identification of relevant persons, as
    required, without putting sources and methods at risk.

    [[Page 2409]]

    DIVISION X-- <> SUPPORTING FOSTER YOUTH AND FAMILIES THROUGH THE
    PANDEMIC
    SEC. 1. <>  SHORT TITLE.

    This division may be cited as the ``Supporting Foster Youth and
    Families through the Pandemic Act''.
    SEC. 2. <>  DEFINITIONS.

    In this Act:
    (1) COVID-19 public health emergency.--The term ``COVID-19
    public health emergency'' means the public health emergency
    declared by the Secretary pursuant to section 319 of the Public
    Health Service Act, entitled ``Determination that a Public
    Health Emergency Exists Nationwide as the Result of the 2019
    Novel Coronavirus''.
    (2) COVID-19 public health emergency period.--The term
    ``COVID-19 public health emergency period'' means the period
    beginning on April 1, 2020 and ending with September 30, 2021.
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Health and Human Services.
    SEC. 3. <>  CONTINUED SAFE OPERATION OF
    CHILD WELFARE PROGRAMS AND SUPPORT FOR OLDER
    FOSTER YOUTH.

    (a) Funding Increases.--
    (1) Increase in support for chafee programs.--Out of any
    money in the Treasury of the United States not otherwise
    appropriated, there are appropriated $400,000,000 for fiscal
    year 2021, to carry out section 477 of the Social Security Act,
    in addition to any amounts otherwise made available for such
    purpose.
    (2) Education and training vouchers.--Of the amount made
    available by reason of paragraph (1) of this subsection, not
    less than $50,000,000 shall be reserved for the provision of
    vouchers pursuant to section 477(h)(2) of the Social Security
    Act.
    (3) Applicability of technical assistance to additional
    funds.--
    (A) In general.--Section 477(g)(2) of the Social
    Security Act shall apply with respect to the amount made
    available by reason of paragraph (1) of this subsection
    as if the amount were included in the amount specified
    in section 477(h) of such Act.
    (B) Reservation of funds.--
    (i) In general.--Of the amount to which
    section 477(g)(2) of the Social Security Act
    applies by reason of subparagraph (A) of this
    paragraph, the Secretary shall reserve not less
    than $500,000 to provide technical assistance to a
    State implementing or seeking to implement a
    driving and transportation program for foster
    youth.
    (ii) Provider qualifications.--The Secretary
    shall ensure that the entity providing the
    assistance has demonstrated the capacity to--

    [[Page 2410]]

    (I) successfully administer
    activities in 1 or more States to
    provide driver's licenses to youth who
    are in foster care under the
    responsibility of the State; and
    (II) increase the number of such
    foster youth who obtain a driver's
    license.
    (4) Inapplicability of state matching requirement to
    additional funds.--In making payments under subsections (a)(4)
    and (e)(1) of section 474 of the Social Security Act from the
    additional funds made available as a result of paragraphs (1)
    and (2) of this subsection, the percentages specified in
    subsections (a)(4)(A)(i) and (e)(1) of such section are,
    respectively, deemed to be 100 percent.
    (5) Maximum award amount.--The dollar amount specified in
    section 477(i)(4)(B) of the Social Security Act through the end
    of fiscal year 2022 is deemed to be $12,000.
    (6) Inapplicability of nytd penalty to additional funds.--In
    calculating any penalty under section 477(e)(2) of the Social
    Security Act with respect to the National Youth in Transition
    Database (NYTD) for April 1, 2020, through the end of fiscal
    year 2022, none of the additional funds made available by reason
    of paragraphs (1) and (2) of this subsection shall be considered
    to be part of an allotment to a State under section 477(c) of
    such Act.

    (b) Maximum Age Limitation on Eligibility for Assistance.--During
    fiscal <> years 2020 and 2021, a child may be
    eligible for services and assistance under section 477 of the Social
    Security Act until the child attains 27 years of age, notwithstanding
    any contrary certification made under such section.

    (c) Special Rule.--With respect to funds made available by reason of
    subsection (a) that are used during the COVID-19 public health emergency
    period to support activities due to the COVID-19 pandemic, the Secretary
    may not require any State to provide proof of a direct connection to the
    pandemic if doing so would be administratively burdensome or would
    otherwise delay or impede the ability of the State to serve foster
    youth.
    (d) Programmatic Flexibilities.--During the COVID-19 public health
    emergency period:
    (1) Suspension of certain requirements under the education
    and training voucher program.-- <> The
    Secretary shall allow a State to waive the applicability of the
    requirement in section 477(i)(3) of the Social Security Act that
    a youth must be enrolled in a postsecondary education or
    training program or making satisfactory progress toward
    completion of that program if a youth is unable to do so due to
    the COVID-19 public health emergency.
    (2) Authority to use vouchers to maintain training and
    postsecondary education.--A voucher provided under a State
    educational and training voucher program under section 477(i) of
    the Social Security Act may be used for maintaining training and
    postsecondary education, including less than full-time
    matriculation costs or other expenses that are not part of the
    cost of attendance but would help support youth in remaining
    enrolled as described in paragraph (1) of this subsection.
    (3) Authority to waive limitations on percentage of funds
    used for housing assistance and eligibility for

    [[Page 2411]]

    such assistance.--Notwithstanding section 477(b)(3)(B) of the
    Social Security Act, a State may use--
    (A) more than 30 percent of the amounts paid to the
    State from its allotment under section 477(c)(1) of such
    Act for a fiscal year, for room or board payments; and
    (B) any of such amounts for youth otherwise eligible
    for services under section 477 of such Act who--
    (i) have attained 18 years of age and not 27
    years of age; and
    (ii) experienced foster care at 14 years of
    age or older.
    (4) Authority to provide driving and transportation
    assistance.--
    (A) Use of funds.--Funds provided under section 477
    of the Social Security Act may be used to provide
    driving and transportation assistance to youth described
    in paragraph (3)(B) who have attained 15 years of age
    with costs related to obtaining a driver's license and
    driving lawfully in a State (such as vehicle insurance
    costs, driver's education class and testing fees,
    practice lessons, practice hours, license fees, roadside
    assistance, deductible assistance, and assistance in
    purchasing an automobile).
    (B) Maximum allowance.--The amount of the assistance
    provided for each eligible youth under subparagraph (A)
    shall not exceed $4,000 per year, and any assistance so
    provided shall be disregarded for purposes of
    determining the recipient's eligibility for, and the
    amount of, any other Federal or federally-supported
    assistance, except that the State agency shall take
    appropriate steps to prevent duplication of benefits
    under this and other Federal or federally-supported
    programs.
    (C) Report to the congress.--Within 6 months after
    the end of the expenditure period, the Secretary shall
    submit to the Congress a report on the extent to which,
    and the manner in which, the funds to which subsection
    (a)(3) applies were used to provide technical assistance
    to State child welfare programs, monitor State
    performance and foster youth outcomes, and evaluate
    program effectiveness.
    SEC. 4. <> PREVENTING AGING OUT OF FOSTER
    CARE DURING THE PANDEMIC.

    (a) Addressing Foster Care Age Restrictions During the Pandemic.--A
    State operating a program under part E of title IV of the Social
    Security Act may not require a child who is in foster care under the
    responsibility of the State to leave foster care solely by reason of the
    child's age. A child may not be found ineligible for foster care
    maintenance payments under section 472 of such Act solely due to the age
    of the child or the failure of the child to meet a condition of section
    475(8)(B)(iv) of such Act before October 1, 2021.
    (b) Re-entry to Foster Care for Youth Who Age Out During the
    Pandemic.--A State operating a program under the State plan approved
    under part E of title IV of the Social Security Act (and without regard
    to whether the State has exercised the option provided by section
    475(8)(B) of such Act to extend assistance under such part to older
    children) shall--

    [[Page 2412]]

    (1) permit any youth who left foster care due to age during
    the COVID-19 public health emergency to voluntarily re-enter
    foster care;
    (2) provide to each such youth who was formally discharged
    from foster care during the COVID-19 public health emergency, a
    notice designed to make the youth aware of the option to return
    to foster care;
    (3) facilitate the voluntary return of any such youth to
    foster care; and
    (4) conduct a public awareness campaign about the option to
    voluntarily re-enter foster care for youth who have not attained
    22 years of age, who aged out of foster care in fiscal year 2020
    or fiscal year 2021, and who are otherwise eligible to return to
    foster care.

    (c) Protections for Youth in Foster Care.--A State operating a
    program under the State plan approved under part E of title IV of the
    Social Security Act shall--
    (1) continue to ensure that the safety, permanence, and
    well-being needs of older foster youth, including youth who
    remain in foster care and youth who age out of foster care
    during that period but who re-enter foster care pursuant to this
    section, are met; and
    (2) work with any youth who remains in foster care after
    attaining 18 years of age (or such greater age as the State may
    have elected under section 475(8)(B)(iii) of such Act) to
    develop, or review and revise, a transition plan consistent with
    the plan referred to in section 475(5)(H) of such Act, and
    assist the youth with identifying adults who can offer
    meaningful, permanent connections.

    (d) Authority to Use Additional Funding for Certain Costs Incurred
    to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth
    in Care During the Pandemic.--
    (1) In general.--Subject to paragraph (2) of this
    subsection, a State to which additional funds are made available
    as a result of section 3(a) may use the funds to meet any costs
    incurred in complying with subsections (a), (b), and (c) of this
    section.
    (2) Restrictions.--
    (A) The costs referred to in paragraph (1) must be
    incurred after the date of the enactment of this section
    and before October 1, 2021.
    (B) The costs of complying with subsection (a) or
    (c) of this section must not be incurred on behalf of
    children eligible for foster care maintenance payments
    under section 472 of the Social Security Act, including
    youth who have attained 18 years of age who are eligible
    for the payments by reason of the temporary waiver of
    the age requirement or the conditions of section
    475(8)(B)(iv) of such Act.
    (C) A State shall make reasonable efforts to ensure
    that eligibility for foster care maintenance payments
    under section 472 of the Social Security Act is
    determined when a youth remains in, or re-enters, foster
    care as a result of the State complying with subsections
    (a) and (c) of this section.

    [[Page 2413]]

    (D) A child who re-enters care during the COVID-19
    public health emergency period may not be found
    ineligible for foster care maintenance payments under
    section 472 of the Social Security Act solely due to age
    or the requirements of section 475(8)(B)(iv) of such Act
    before October 1, 2021.

    (e) Termination of Certain Provisions.--The preceding provisions of
    this section shall have no force or effect after September 30, 2021.
    SEC. 5. <>  FAMILY FIRST PREVENTION
    SERVICES PROGRAM PANDEMIC FLEXIBILITY.

    During the COVID-19 public health emergency period, each percentage
    specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the
    Social Security Act is deemed to be 100 percent.
    SEC. 6. <>  EMERGENCY FUNDING FOR THE
    MARYLEE ALLEN PROMOTING SAFE AND STABLE
    FAMILIES PROGRAM.

    (a) In General.--Out of any money in the Treasury of the United
    States not otherwise appropriated, there are appropriated $85,000,000 to
    carry out section 436(a) of the Social Security Act for fiscal year
    2021, in addition to any amounts otherwise made available for such
    purpose. For purposes of section 436(b) of such Act, the amount made
    available by the preceding sentence shall be considered part of the
    amount specified in such section 436(a).
    (b) Inapplicability of State Matching Requirement to Additional
    Funds.--In making payments under section 434(a) of the Social Security
    Act from the additional funds made available as a result of subsection
    (a) of this section, the percentage specified in section 434(a)(1) of
    such Act is deemed to be 100 percent.
    SEC. 7. <> COURT IMPROVEMENT PROGRAM.

    (a) Reservation of Funds.--Of the additional amounts made available
    by reason of section 6 of this Act, the Secretary shall reserve
    $10,000,000 for grants under subsection (b) of this section for fiscal
    year 2021, which shall be considered to be made under section 438 of the
    Social Security Act.
    (b) Distribution of Funds.--
    (1) In general.--From the amounts reserved under subsection
    (a) of this section, the Secretary shall--
    (A) reserve not more than $500,000 for Tribal court
    improvement activities; and
    (B) <>  from the amount remaining
    after the application of subparagraph (A), make a grant
    to each highest State court that is approved to receive
    a grant under section 438 of the Social Security Act for
    the purpose described in section 438(a)(3) of such Act,
    for fiscal year 2021.
    (2) Amount.--The amount of the grant awarded to a highest
    State court under this subsection shall be the sum of--
    (A) $85,000; and
    (B) the amount that bears the same ratio to the
    amount reserved under subsection (a) that remains after
    the application of paragraph (1)(A) and subparagraph (A)
    of this paragraph, as the number of individuals in the
    State in which the court is located who have not
    attained 21 years of age bears to the total number of
    such individuals in all States the highest courts of
    which were awarded

    [[Page 2414]]

    a grant under this subsection (based on the most recent
    year for which data are available from the Bureau of the
    Census).
    (3) Other rules.--
    (A) In general.--The grants awarded to the highest
    State courts under this subsection shall be in addition
    to any grants made to the courts under section 438 of
    the Social Security Act for any fiscal year.
    (B) <> No additional application.--
    The Secretary shall award grants to the highest State
    courts under this subsection without requiring the
    courts to submit an additional application.
    (C) <> Reports.--The Secretary may
    establish reporting criteria specific to the grants
    awarded under this subsection.
    (D) <> Redistribution of funds.--
    If a highest State court does not accept a grant awarded
    under this subsection, or does not agree to comply with
    any reporting requirements imposed under subparagraph
    (C) or the use of funds requirements specified in
    subsection (c), the Secretary shall redistribute the
    grant funds that would have been awarded to that court
    under this subsection among the other highest State
    courts that are awarded grants under this subsection and
    agree to comply with the reporting and use of funds
    requirements.
    (E) No matching requirement.--The limitation on the
    use of funds specified in section 438(d) of such Act
    shall not apply to the grants awarded under this
    section.

    (c) Use of Funds.--A highest State court awarded a grant under
    subsection (b) shall use the grant funds to address needs stemming from
    the COVID-19 public health emergency, which may include any of the
    following:
    (1) Technology investments to facilitate the transition to
    remote hearings for dependency courts when necessary as a direct
    result of the COVID-19 public health emergency.
    (2) Training for judges, attorneys, and caseworkers on
    facilitating and participating in remote hearings that comply
    with due process and all applicable law, ensure child safety and
    well-being, and help inform judicial decision-making.
    (3) Programs to help families address aspects of the case
    plan to avoid delays in legal proceedings that would occur as a
    direct result of the COVID-19 public health emergency.
    (4) Other purposes to assist courts, court personnel, or
    related staff related to the COVID-19 public health emergency.

    (d) Conforming Amendments.--Section 438 of the Social Security Act
    (42 U.S.C. 629h) is amended in each of subsections (c)(1) and (d) by
    striking ``2021'' and inserting ``2022''.
    SEC. 8. <>  KINSHIP NAVIGATOR PROGRAMS
    PANDEMIC FLEXIBILITY.

    (a) Inapplicability of Matching Funds Requirements.--During the
    COVID-19 public health emergency period, the percentage specified in
    section 474(a)(7) of the Social Security Act is deemed to be 100
    percent.
    (b) <>  Waiver of Evidence Standard.--During
    the COVID-19 public health emergency period, the requirement in section
    474(a)(7) of the Social Security Act that the Secretary determine that a

    [[Page 2415]]

    kinship navigator program be operated in accordance with promising,
    supported, or well-supported practices that meet the applicable criteria
    specified for the practices in section 471(e)(4)(C) of such Act shall
    have no force or effect, except that each State with such a program
    shall provide the Secretary with an assurance that the program will be,
    or is in the process of being, evaluated for the purpose of building an
    evidence base to later determine whether the program meets the criteria
    set forth in such section 471(e)(4)(C).

    (c) Other Allowable Uses of Funds.--A State may use funds provided
    to carry out a kinship navigator program--
    (1) for evaluations, independent systematic review, and
    related activities;
    (2) to provide short-term support to kinship families for
    direct services or assistance during the COVID-19 public health
    emergency period; and
    (3) to ensure that kinship caregivers have the information
    and resources to allow kinship families to function at their
    full potential, including--
    (A) ensuring that those who are at risk of
    contracting COVID-19 have access to information and
    resources for necessities, including food, safety
    supplies, and testing and treatment for COVID-19;
    (B) access to technology and technological supports
    needed for remote learning or other activities that must
    be carried out virtually due to the COVID-19 public
    health emergency;
    (C) health care and other assistance, including
    legal assistance and assistance with making alternative
    care plans for the children in their care if the
    caregivers were to become unable to continue caring for
    the children;
    (D) services to kinship families, including kinship
    families raising children outside of the foster care
    system; and
    (E) assistance to allow children to continue safely
    living with kin.

    (d) <>  Territory Cap Exemption.--Section
    1108(a)(1) of the Social Security Act shall be applied without regard to
    any amount paid to a territory pursuant to this section that would not
    have been paid to the territory in the absence of this section.
    SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST
    TRANSITION ACT FUNDING CERTAINTY GRANTS.

    Section 602(c)(2) of division N of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) <>
    is amended--
    (1) in subparagraph (C), in the matter preceding clause (i),
    by striking ``The calculation'' and inserting ``Except as
    provided in subparagraph (G), the calculation''; and
    (2) by adding at the end the following:
    ``(G) Adjustment of funding certainty baselines.--
    ``(i) Hold harmless for temporary increase in
    fmap.--For each fiscal year specified in
    subparagraph (B), the Secretary shall increase the
    maximum capped allocation for fiscal year 2019 or
    the final cost neutrality limit for fiscal year
    2018 for a State or sub-State jurisdiction
    referred to in subparagraph (A)(i), by the amount
    equal to the difference between--

    [[Page 2416]]

    ``(I) the amount of the foster care
    maintenance payments portion of such
    maximum capped allocation or final cost
    neutrality limit; and
    ``(II) the amount that the foster
    care maintenance payments portion of
    such maximum capped allocation or final
    cost neutrality limit would be if the
    Federal medical assistance percentage
    applicable to the State under clause
    (ii) for the fiscal year so specified
    were used to determine the amount of
    such portion.
    ``(ii) Applicable federal medical assistance
    percentage.--For purposes <> of clause (i)(II), the Federal medical
    assistance percentage applicable to a State for a
    fiscal year specified in subparagraph (B) is the
    average of the values of the Federal medical
    assistance percentage applicable to the State in
    each quarter of such fiscal year under section
    474(a)(1) of the Social Security Act (42 U.S.C.
    674(a)(1)) after application of any temporary
    increase in the Federal medical assistance
    percentage for the State and quarter under section
    6008 of the Families First Coronavirus Response
    Act (42 U.S.C. 1396d note) and any other Federal
    legislation enacted during the period that begins
    on July 1, 2020, and ends on December 31, 2021.''.
    SEC. 10. <>  ALLOWING HOME VISITING
    PROGRAMS TO CONTINUE SERVING FAMILIES
    SAFELY.

    (a) In General.--For purposes of section 511 of the Social Security
    Act, during the COVID-19 public health emergency period--
    (1) a virtual home visit shall be considered a home visit;
    (2) funding for, and staffing levels of, a program conducted
    pursuant to such section shall not be reduced on account of
    reduced enrollment in the program; and
    (3) funds provided for such a program may be used--
    (A) to train home visitors in conducting a virtual
    home visit and in emergency preparedness and response
    planning for families served, and may include training
    on how to safely conduct intimate partner violence
    screenings remotely, training on safety and planning for
    families served;
    (B) for the acquisition by families enrolled in the
    program of such technological means as are needed to
    conduct and support a virtual home visit; and
    (C) to provide emergency supplies to families
    served, regardless of whether the provision of such
    supplies is within the scope of the approved program,
    such as diapers, formula, non-perishable food, water,
    hand soap, and hand sanitizer.

    (b) Virtual Home Visit Defined.--In subsection (a), the term
    ``virtual home visit'' means a home visit, as described in an applicable
    service delivery model, that is conducted solely by the use of
    electronic information and telecommunications technologies.
    (c) Authority to Delay Deadlines.--
    (1) In general.--The Secretary may extend the deadline by
    which a requirement of section 511 of the Social Security Act
    must be met, by such period of time as the Secretary

    [[Page 2417]]

    deems appropriate, taking into consideration the impact of the
    COVID-19 public health emergency on eligible entity home
    visiting programs and the impact of families enrolled in home
    visiting programs. <> The Secretary may
    delay the deadline for submission, waive performance measures,
    or allow for alternative data sources to be used to show
    improvement in performance in the manner provided in section
    511(d)(1) of such Act.
    (2) Delay of deadline for statewide needs assessment.--The
    Secretary may delay the October 1, 2020, deadline for reviewing
    and updating any needs assessment required by section 511(b)(1)
    or 511(h)(2)(A) of the Social Security Act, but any such delay
    shall not affect the timing for, or amount of, any payment to
    the State involved from the fiscal year allotments available to
    the State under section 502(c) of such Act.
    (3) Guidance.--The Secretary shall provide to eligible
    entities funded under section 511 of the Social Security Act
    information on the parameters used in extending a deadline under
    paragraph (1) or (2) of this subsection.

    (d) Timely Release of Title V Funds.--The authorities provided in
    this section shall not be interpreted to authorize or require any delay
    in the timely release of funds under title V of the Social Security Act.
    SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID
    FMAP.

    Section 6008 of the Families First Coronavirus Response Act (Public
    Law 116-127) <> is amended by adding at the
    end the following:

    ``(d) Application to Title IV-E Payments.--If the District of
    Columbia receives the increase described in subsection (a) in the
    Federal medical assistance percentage for the District of Columbia with
    respect to a quarter, the Federal medical assistance percentage for the
    District of Columbia, as so increased, shall apply to payments made to
    the District of Columbia under part E of title IV of the Social Security
    Act (42 U.S.C. 670 et seq.) for that quarter, and the payments under
    such part shall be deemed to be made on the basis of the Federal medical
    assistance percentage applied with respect to such District for purposes
    of title XIX of such Act (42 U.S.C. 1396 et seq.) and as increased under
    subsection (a).''.

    DIVISION Y <> --
    AMERICAN MINER BENEFITS IMPROVEMENT
    SEC. 1. <>  SHORT TITLE.

    This division may be cited as the ``American Miner Benefits
    Improvement Act of 2020''.
    SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.

    (a) In General.--Section 402(h)(2)(C)(ii) of the Surface Mining
    Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(ii)) is
    amended--
    (1) by striking ``the Bipartisan American Miners Act of
    2019'' each place it appears and inserting ``the American Miner
    Benefits Improvement Act of 2020'',

    [[Page 2418]]

    (2) by striking ``or 2019'' in subclause (II) and inserting
    ``2019, or any year thereafter,''
    (3) by inserting before ``; and'' in subclause (II) the
    following: ``(or, in the case of any such health benefits
    confirmed in any bankruptcy proceeding, would be subsequently
    denied or reduced)'', and
    (4) by striking ``January 1, 2019'' in the second sentence
    and inserting ``January 1, 2020''.

    (b) Increase in Limitation to Account for Calculation of Health
    Benefit Plan Excess.--Section 402(i)(3) of such Act (30 U.S.C.
    1232(i)(3)) is amended by adding at the end the following new
    subparagraph:
    ``(C) Increase in limitation to account for
    calculation of health benefit plan excess.--The dollar
    limitation under subparagraph (A) shall be increased by
    the amount of the cost to provide benefits which are
    taken into account under subsection (h)(2)(C)(ii) solely
    by reason of the amendments made by section 2(a) of the
    American Miner Benefits Improvement Act of 2020.''.

    (c) <> Application.--
    (1) In general.--Except as provided in paragraph (2), the
    amendments made by this section shall take effect on the date of
    the enactment of this Act.
    (2) Subsection (a)(3).--The amendment made by subsection
    (a)(3) shall apply to denials and reductions after December 31,
    2019.

    DIVISION Z-- <> ENERGY ACT OF 2020
    SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

    (a) <> Short Title.--This division may be
    cited as the ``Energy Act of 2020''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    DIVISION Z--ENERGY ACT OF 2020

    Sec. 101. Short title; table of contents.

    TITLE I--EFFICIENCY

    Sec. 1001. Coordination of energy retrofitting assistance for schools.
    Sec. 1002. Use of energy and water efficiency measures in Federal
    buildings.
    Sec. 1003. Energy efficient data centers.
    Sec. 1004. Energy-efficient and energy-saving information technologies.
    Sec. 1005. Extended Product System Rebate Program.
    Sec. 1006. Energy Efficient Transformer Rebate Program.
    Sec. 1007. Smart building acceleration.
    Sec. 1008. Modifications to the ceiling fan energy conservation
    standard.
    Sec. 1009. Report on electrochromic glass.
    Sec. 1010. Energy and water for sustainability.
    Sec. 1011. Weatherization Assistance Program.
    Sec. 1012. Federal Energy Management Program.
    Sec. 1013. CHP Technical Assistance Partnership Program.
    Sec. 1014. Smart energy water efficiency pilot program.

    TITLE II--NUCLEAR

    Sec. 2001. Advanced Nuclear Fuel Availability.
    Sec. 2002. Amendments to definitions in Energy Policy Act of 2005.
    Sec. 2003. Nuclear energy research, development, demonstration, and
    commercial application programs.
    Sec. 2004. High-performance computation collaborative research program.
    Sec. 2005. Nuclear energy budget plan.

    [[Page 2419]]

    Sec. 2006. Organization and administration of programs.
    Sec. 2007. Extension and expansion of limitations on importation of
    uranium from Russian Federation.
    Sec. 2008. Fusion energy research.

    TITLE III--RENEWABLE ENERGY AND STORAGE

    Subtitle A--Renewable Energy Research and Development

    Sec. 3001. Water power research and development.
    Sec. 3002. Advanced geothermal innovation leadership.
    Sec. 3003. Wind energy research and development.
    Sec. 3004. Solar energy research and development.
    Sec. 3005. Hydroelectric production incentives and efficiency
    improvements.
    Sec. 3006. Conforming amendments.

    Subtitle B--Natural Resources Provisions

    Sec. 3101. Definitions.
    Sec. 3102. Program to improve eligible project permit coordination.
    Sec. 3103. Increasing economic certainty.
    Sec. 3104. National goal for renewable energy production on Federal
    land.
    Sec. 3105. Facilitation of coproduction of geothermal energy on oil and
    gas leases.
    Sec. 3106. Savings clause.

    Subtitle C--Energy Storage

    Sec. 3201. Better energy storage technology.
    Sec. 3202. Energy storage technology and microgrid assistance program.

    TITLE IV--CARBON MANAGEMENT

    Sec. 4001. Fossil energy.
    Sec. 4002. Establishment of carbon capture technology program.
    Sec. 4003. Carbon storage validation and testing.
    Sec. 4004. Carbon utilization program.
    Sec. 4005. High efficiency turbines.
    Sec. 4006. National energy technology laboratory reforms.
    Sec. 4007. Study on Blue Hydrogen Technology.
    Sec. 4008. Produced water research and development.

    TITLE V--CARBON REMOVAL

    Sec. 5001. Carbon removal.
    Sec. 5002. Carbon dioxide removal task force and report.

    TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    Sec. 6001. Purpose.
    Sec. 6002. Coordination of research and development of energy efficient
    technologies for industry.
    Sec. 6003. Industrial emissions reduction technology development
    program.
    Sec. 6004. Industrial Technology Innovation Advisory Committee.
    Sec. 6005. Technical assistance program to implement industrial
    emissions reduction.
    Sec. 6006. Development of national smart manufacturing plan.

    TITLE VII--CRITICAL MINERALS

    Sec. 7001. Rare earth elements.
    Sec. 7002. Mineral security.
    Sec. 7003. Monitoring mineral investments under Belt and Road Initiative
    of People's Republic of China.

    TITLE VIII--GRID MODERNIZATION

    Sec. 8001. Smart grid regional demonstration initiative.
    Sec. 8002. Smart grid modeling, visualization, architecture, and
    controls.
    Sec. 8003. Integrated energy systems.
    Sec. 8004. Grid integration research and development.
    Sec. 8005. Advisory committee.
    Sec. 8006. Coordination of efforts.
    Sec. 8007. Technology demonstration on the distribution grid.
    Sec. 8008. Voluntary model pathways.
    Sec. 8009. Performance metrics for electricity infrastructure providers.
    Sec. 8010. Voluntary State, regional, and local electricity distribution
    planning.
    Sec. 8011. Micro-grid and integrated micro-grid systems program.
    Sec. 8012. Technical amendments; authorization of appropriations.

    [[Page 2420]]

    Sec. 8013. Indian energy.
    Sec. 8014. Report on electricity access and reliability.
    Sec. 8015. Net metering study and evaluation.

    TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    Sec. 9001. Office of technology transitions.
    Sec. 9002. Lab partnering service pilot program.
    Sec. 9003. Technology commercialization fund.
    Sec. 9004. Streamlining prize competitions.
    Sec. 9005. Milestone-based demonstration projects.
    Sec. 9006. Other transaction authority extension.
    Sec. 9007. Technology transfer reports and evaluation.
    Sec. 9008. Veterans' health initiative.
    Sec. 9009. Sustainable Transportation Research and Development.
    Sec. 9010. Loan program office title XVII reform.
    Sec. 9011. Established Program to Stimulate Competitive Research.

    TITLE X--ARPA-E AMENDMENTS

    Sec. 10001. ARPA-E amendments.

    TITLE XI--OTHER MATTERS

    Sec. 11001. Low-Dose Radiation Research.
    Sec. 11002. Authorization.
    Sec. 11003. Sense of Congress.
    Sec. 11004. Addressing insufficient compensation of employees and other
    personnel of the Federal Energy Regulatory Commission.
    Sec. 11005. Report on the authority of the Secretary of Energy to
    implement flexible compensation models.

    TITLE I--EFFICIENCY

    SEC. 1001. <> COORDINATION OF ENERGY
    RETROFITTING ASSISTANCE FOR SCHOOLS.

    (a) Definition of School.--In this section, the term ``school''
    means--
    (1) an elementary school or secondary school (as defined in
    section 8101 of the Elementary and Secondary Education Act of
    1965 (20 U.S.C. 7801));
    (2) an institution of higher education (as defined in
    section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
    1001(a)));
    (3) a postsecondary vocational institution (as defined in
    section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
    1002(c)));
    (4) a school of the defense dependents' education system
    under the Defense Dependents' Education Act of 1978 (20 U.S.C.
    921 et seq.) or established under section 2164 of title 10,
    United States Code;
    (5) a school operated by the Bureau of Indian Education;
    (6) a tribally controlled school (as defined in section 5212
    of the Tribally Controlled Schools Act of 1988 (25 U.S.C.
    2511)); and
    (7) a Tribal College or University (as defined in section
    316(b) of the Higher Education Act of 1965 (20 U.S.C.
    1059c(b))).

    (b) <> Designation of Lead Agency.--The
    Secretary of Energy (in this section referred to as the ``Secretary''),
    acting through the Office of Energy Efficiency and Renewable Energy,
    shall act as the lead Federal agency for coordinating and disseminating
    information on existing Federal programs and assistance that may be used
    to help initiate, develop, and finance energy efficiency, renewable
    energy, and energy retrofitting projects for schools.

    [[Page 2421]]

    (c) Requirements.--In carrying out coordination and outreach under
    subsection (b), the Secretary shall--
    (1) <> in consultation
    and coordination with the appropriate Federal agencies, carry
    out a review of existing programs and financing mechanisms
    (including revolving loan funds and loan guarantees) available
    in or from the Department of Agriculture, the Department of
    Energy, the Department of Education, the Department of the
    Treasury, the Internal Revenue Service, the Environmental
    Protection Agency, and other appropriate Federal agencies with
    jurisdiction over energy financing and facilitation that are
    currently used or may be used to help initiate, develop, and
    finance energy efficiency, renewable energy, and energy
    retrofitting projects for schools;
    (2) establish a Federal cross-departmental collaborative
    coordination, education, and outreach effort to streamline
    communication and promote available Federal opportunities and
    assistance described in paragraph (1), for energy efficiency,
    renewable energy, and energy retrofitting projects that enables
    States, local educational agencies, and schools--
    (A) to use existing Federal opportunities more
    effectively; and
    (B) to form partnerships with Governors, State
    energy programs, local educational, financial, and
    energy officials, State and local government officials,
    nonprofit organizations, and other appropriate entities,
    to support the initiation of the projects;
    (3) provide technical assistance for States, local
    educational agencies, and schools to help develop and finance
    energy efficiency, renewable energy, and energy retrofitting
    projects--
    (A) to increase the energy efficiency of buildings
    or facilities;
    (B) to install systems that individually generate
    energy from renewable energy resources;
    (C) to establish partnerships to leverage economies
    of scale and additional financing mechanisms available
    to larger clean energy initiatives; or
    (D) to promote--
    (i) the maintenance of health, environmental
    quality, and safety in schools, including the
    ambient air quality, through energy efficiency,
    renewable energy, and energy retrofit projects;
    and
    (ii) the achievement of expected energy
    savings and renewable energy production through
    proper operations and maintenance practices;
    (4) <>  develop and maintain a single online
    resource website with contact information for relevant technical
    assistance and support staff in the Office of Energy Efficiency
    and Renewable Energy for States, local educational agencies, and
    schools to effectively access and use Federal opportunities and
    assistance described in paragraph (1) to develop energy
    efficiency, renewable energy, and energy retrofitting projects;
    and
    (5) establish a process for recognition of schools that--
    (A) have successfully implemented energy efficiency,
    renewable energy, and energy retrofitting projects; and
    (B) are willing to serve as resources for other
    local educational agencies and schools to assist
    initiation of similar efforts.

    [[Page 2422]]

    (d) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to Congress a report describing the
    implementation of this section.
    SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
    BUILDINGS.

    (a) Reports.--Section 548(b) of the National Energy Conservation
    Policy Act (42 U.S.C. 8258(b)) is amended--
    (1) in paragraph (3), by striking ``and'' at the end;
    (2) in paragraph (4), by striking the period at the end and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(5)(A) the status of the energy savings performance
    contracts and utility energy service contracts of each agency,
    to the extent that the information is not duplicative of
    information provided to the Secretary under a separate
    authority;
    ``(B) the quantity and investment value of the contracts for
    the previous year;
    ``(C) the guaranteed energy savings, or for contracts
    without a guarantee, the estimated energy savings, for the
    previous year, as compared to the measured energy savings for
    the previous year;
    ``(D) a forecast of the estimated quantity and investment
    value of contracts anticipated in the following year for each
    agency; and
    ``(E)(i) a comparison of the information described in
    subparagraph (B) and the forecast described in subparagraph (D)
    in the report of the previous year; and
    ``(ii) if applicable, the reasons for any differences in the
    data compared under clause (i).''.

    (b) Definition of Energy Conservation Measures.--Section 551(4) of
    the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is
    amended by striking ``or retrofit activities'' and inserting ``retrofit
    activities, or energy consuming devices and required support
    structures''.
    (c) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
    National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
    amended--
    (1) in clause (i), by striking ``or'' at the end;
    (2) in clause (ii), by striking the period at the end and
    inserting ``; or''; and
    (3) by adding at the end the following:
    ``(iii) limit the recognition of operation and
    maintenance savings associated with systems
    modernized or replaced with the implementation of
    energy conservation measures, water conservation
    measures, or any combination of energy
    conservation measures and water conservation
    measures.''.

    (d) Miscellaneous Authority; Excluded Contracts.--Section 801(a)(2)
    of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)) is
    amended by adding at the end the following:
    ``(H) <>  Miscellaneous
    authority.--Notwithstanding subtitle I of title 40,
    United States Code, a Federal agency may accept, retain,
    sell, or transfer, and apply the proceeds of the sale or
    transfer of, any energy and water incentive, rebate,
    grid services revenue, or credit (including a renewable
    energy certificate) to fund a contract under this title.

    [[Page 2423]]

    ``(I) Excluded contracts.--A contract entered into
    under this title may not be for work performed--
    ``(i) at a Federal hydroelectric facility that
    provides power marketed by a Power Marketing
    Administration; or
    ``(ii) at a hydroelectric facility owned and
    operated by the Tennessee Valley Authority
    established under the Tennessee Valley Authority
    Act of 1933 (16 U.S.C. 831 et seq.).''.

    (e) Payment of Costs.--Section 802 of the National Energy
    Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
    related operation and maintenance expenses)'' and inserting ``,
    including related operations and maintenance expenses''.
    (f) Definition of Energy Savings.--Section 804(2) of the National
    Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
    (1) in subparagraph (A), by striking ``federally owned
    building or buildings or other federally owned facilities'' and
    inserting ``Federal building (as defined in section 551)'' each
    place it appears;
    (2) in subparagraph (C), by striking ``; and'' and inserting
    a semicolon;
    (3) in subparagraph (D), by striking the period at the end
    and inserting a semicolon; and
    (4) by adding at the end the following:
    ``(E) the use, sale, or transfer of any energy and
    water incentive, rebate, grid services revenue, or
    credit (including a renewable energy certificate); and
    ``(F) any revenue generated from a reduction in
    energy or water use, more efficient waste recycling, or
    additional energy generated from more efficient
    equipment.''.

    (g) Energy and Water Conservation Measures.--Section 543 of the
    National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--
    (1) in the section heading, by inserting ``and
    water'' after ``energy'';
    (2) in subsection (b)--
    (A) in the subsection heading, by inserting ``and
    Water'' after ``Energy''; and
    (B) by striking paragraphs (1) and (2) and inserting
    the following:
    ``(1) In general.--Each agency shall--
    ``(A) <>  not later
    than October 1, 2022, to the maximum extent practicable,
    begin installing in Federal buildings owned by the
    United States all energy and water conservation measures
    determined by the Secretary to be life cycle cost-
    effective (as defined in subsection (f)(1)); and
    ``(B) complete the installation described in
    subparagraph (A) as soon as practicable after the date
    referred to in that subparagraph.
    ``(2) Explanation of noncompliance.--
    ``(A) <>  In general.--If an
    agency fails to comply with paragraph (1), the agency
    shall submit to the Secretary, using guidelines
    developed by the Secretary, an explanation of the
    reasons for the failure.
    ``(B) Report to congress.--Not later than January 1,
    2022, and every 2 years thereafter, the Secretary shall

    [[Page 2424]]

    submit to Congress a report that describes any
    noncompliance by an agency with the requirements of
    paragraph (1).'';
    (3) in subsection (c)(1)--
    (A) in subparagraph (A)--
    (i) in the matter preceding clause (i), by
    striking ``An agency'' and inserting ``The head of
    each agency''; and
    (ii) by inserting ``or water'' after
    ``energy'' each place it appears; and
    (B) in subparagraph (B)(i), by inserting ``or
    water'' after ``energy'';
    (4) in subsection (d)(2), by inserting ``and water'' after
    ``energy'';
    (5) in subsection (e)--
    (A) in the subsection heading, by inserting ``and
    Water'' after ``Energy'';
    (B) in paragraph (1)--
    (i) in the first sentence--
    (I) by striking ``October 1, 2012''
    and inserting ``October 1, 2022'';
    (II) by inserting ``and water''
    after ``energy''; and
    (III) by inserting ``and water''
    after ``electricity'';
    (ii) in the second sentence, by inserting
    ``and water'' after ``electricity''; and
    (iii) in the fourth sentence, by inserting
    ``and water'' after ``energy'';
    (C) in paragraph (2)--
    (i) in subparagraph (A)--
    (I) by striking ``and'' before
    ``Federal''; and
    (II) by inserting ``and any other
    person the Secretary deems necessary,''
    before ``shall'';
    (ii) in subparagraph (B)--
    (I) in clause (i)(II), by inserting
    ``and water'' after ``energy'' each
    place it appears;
    (II) in clause (ii), by inserting
    ``and water'' after ``energy''; and
    (III) in clause (iv), by inserting
    ``and water'' after ``energy''; and
    (iii) by adding at the end the following:
    ``(C) <>  Update.--Not later than
    180 days after the date of enactment of this
    subparagraph, the Secretary shall update the guidelines
    established under subparagraph (A) to take into account
    water efficiency requirements under this section.'';
    (D) in paragraph (3), in the matter preceding
    subparagraph (A), by striking ``established under
    paragraph (2)'' and inserting ``updated under paragraph
    (2)(C)''; and
    (E) in paragraph (4)--
    (i) in subparagraph (A)--
    (I) by striking ``this paragraph''
    and inserting ``the Energy Act of
    2020''; and
    (II) by inserting ``and water''
    before ``use in''; and

    [[Page 2425]]

    (ii) in subparagraph (B)(ii), in the matter
    preceding subclause (I), by inserting ``and
    water'' after ``energy''; and
    (6) in subsection (f)--
    (A) in paragraph (1)--
    (i) by redesignating subparagraphs (E), (F),
    and (G) as subparagraphs (F), (G), and (H),
    respectively; and
    (ii) by inserting after subparagraph (D) the
    following:
    ``(E) <>  Ongoing
    commissioning.--The term `ongoing commissioning' means
    an ongoing process of commissioning using monitored
    data, the primary goal of which is to ensure continuous
    optimum performance of a facility, in accordance with
    design or operating needs, over the useful life of the
    facility, while meeting facility occupancy
    requirements.'';
    (B) in paragraph (2)--
    (i) in subparagraph (A), by inserting ``and
    water'' before ``use'';
    (ii) in subparagraph (B)--
    (I) by striking ``energy'' before
    ``efficiency''; and
    (II) by inserting ``or water''
    before ``use''; and
    (iii) by adding at the end the following:
    ``(C) Energy management system.--An energy manager
    designated for a facility under subparagraph (A) shall
    take into consideration--
    ``(i) the use of a system to manage energy and
    water use at the facility; and
    ``(ii) the applicability of the certification
    of the facility in accordance with the
    International Organization for Standardization
    standard numbered 50001 and entitled `Energy
    Management Systems'.'';
    (C) by striking paragraphs (3) and (4) and inserting
    the following:
    ``(3) Energy and water evaluations and commissioning.--
    ``(A) <>
    Evaluations.--Except as provided in subparagraph (B),
    not later than the date that is 180 days after the date
    of enactment of the Energy Act of 2020, and annually
    thereafter, each energy manager shall complete, for the
    preceding calendar year, a comprehensive energy and
    water evaluation and recommissioning or
    retrocommissioning for approximately 25 percent of the
    facilities of the applicable agency that meet the
    criteria under paragraph (2)(B) in a manner that ensures
    that an evaluation of each facility is completed not
    less frequently than once every 4 years.
    ``(B) Exceptions.--An evaluation and recommissioning
    or retrocommissioning shall not be required under
    subparagraph (A) with respect to a facility that, as of
    the date on which the evaluation and recommissioning or
    retrocommissioning would occur--
    ``(i) <>  has had a
    comprehensive energy and water evaluation during
    the preceding 8-year period;

    [[Page 2426]]

    ``(ii)(I) has been commissioned,
    recommissioned, or retrocommissioned during the
    preceding 10-year period; or
    ``(II) is under ongoing commissioning,
    recommissioning, or retrocomissioning;
    ``(iii) has not had a major change in function
    or use since the previous evaluation and
    recommissioning or retrocommissioning;
    ``(iv) has been benchmarked with public
    disclosure under paragraph (8) during the
    preceding calendar year; and
    ``(v)(I) based on the benchmarking described
    in clause (iv), has achieved at a facility level
    the most recent cumulative energy savings target
    under subsection (a) compared to the earlier of--
    ``(aa) the date of the most recent
    evaluation; or
    ``(bb) the date--
    ``(AA) of the most recent
    commissioning, recommissioning,
    or retrocommissioning; or
    ``(BB) on which ongoing
    commissioning began; or
    ``(II) has a long-term contract in place
    guaranteeing energy savings at least as great as
    the energy savings target under subclause (I).
    ``(4) Implementation of identified energy and water
    efficiency measures.--
    ``(A) <>  In general.--Not later
    than 2 years after the date of completion of each
    evaluation under paragraph (3), each energy manager
    shall implement any energy- or water-saving measure
    that--
    ``(i) the Federal agency identified in the
    evaluation; and
    ``(ii) <>
    is life cycle cost-effective, as determined by
    evaluating an individual measure or a bundle of
    measures with varying paybacks.
    ``(B) Performance contracting.--Each Federal agency
    shall use performance contracting to address at least 50
    percent of the measures identified under subparagraph
    (A)(i).'';
    (D) in paragraph (7)(B)(ii)(II), by inserting ``and
    water'' after ``energy''; and
    (E) in paragraph (9)(A), in the matter preceding
    clause (i), by inserting ``and water'' after ``energy''.

    (h) Conforming Amendment.--The table of contents for the National
    Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
    amended by striking the item relating to section 543 and inserting the
    following:

    ``Sec. 543. Energy and water management requirements.''.

    SEC. 1003. ENERGY EFFICIENT DATA CENTERS.

    Section 453 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17112) is amended--
    (1) in subsection (b)--

    [[Page 2427]]

    (A) in paragraph (2)(D)(iv), by striking
    ``determined by the organization'' and inserting
    ``proposed by the stakeholders''; and
    (B) by striking paragraph (3); and
    (2) by striking subsections (c) through (g) and inserting
    the following:

    ``(c) Stakeholder Involvement.--
    ``(1) <>  In general.--The Secretary
    and the Administrator shall carry out subsection (b) in
    collaboration with the information technology industry and other
    key stakeholders, with the goal of producing results that
    accurately reflect the most relevant and useful information.
    ``(2) Considerations.--In carrying out the collaboration
    described in paragraph (1), the Secretary and the Administrator
    shall pay particular attention to organizations that--
    ``(A) have members with expertise in energy
    efficiency and in the development, operation, and
    functionality of data centers, information technology
    equipment, and software, including representatives of
    hardware manufacturers, data center operators, and
    facility managers;
    ``(B) obtain and address input from the National
    Laboratories (as that term is defined in section 2 of
    the Energy Policy Act of 2005 (42 U.S.C. 15801)) or any
    institution of higher education, research institution,
    industry association, company, or public interest group
    with applicable expertise;
    ``(C) follow--
    ``(i) commonly accepted procedures for the
    development of specifications; and
    ``(ii) accredited standards development
    processes; or
    ``(D) have a mission to promote energy efficiency
    for data centers and information technology.

    ``(d) <> Measurements and Specifications.--The
    Secretary and the Administrator shall consider and assess the adequacy
    of the specifications, measurements, best practices, and benchmarks
    described in subsection (b) for use by the Federal Energy Management
    Program, the Energy Star Program, and other efficiency programs of the
    Department of Energy or the Environmental Protection Agency.

    ``(e) Study.--
    ``(1) Definition of report.--In this subsection, the term
    `report' means the report of the Lawrence Berkeley National
    Laboratory entitled `United States Data Center Energy Usage
    Report' and dated June 2016, which was prepared as an update to
    the `Report to Congress on Server and Data Center Energy
    Efficiency', published on August 2, 2007, pursuant to section 1
    of Public Law 109-431 (120 Stat. 2920).
    ``(2) <>  Study.--Not later than 4 years after the
    date of enactment of the Energy Act of 2020, the Secretary, in
    collaboration with the Administrator, shall make available to
    the public an update to the report that provides--
    ``(A) <>  a comparison
    and gap analysis of the estimates and projections
    contained in the report with new data regarding the
    period from 2015 through 2019;

    [[Page 2428]]

    ``(B) <>  an analysis considering
    the impact of information technologies, including
    virtualization and cloud computing, in the public and
    private sectors;
    ``(C) <>  an evaluation of the
    impact of the combination of cloud platforms, mobile
    devices, social media, and big data on data center
    energy usage;
    ``(D) <>  an evaluation of water
    usage in data centers and recommendations for reductions
    in that water usage; and
    ``(E) <>  updated
    projections and recommendations for best practices
    through fiscal year 2025.

    ``(f) Data Center Energy Practitioner Program.--
    ``(1) <> In general.--The
    Secretary, in collaboration with key stakeholders and the
    Director of the Office of Management and Budget, shall maintain
    a data center energy practitioner program that provides for the
    certification of energy practitioners qualified to evaluate the
    energy usage and efficiency opportunities in federally owned and
    operated data centers.
    ``(2) Evaluations.--Each Federal agency shall consider
    having the data centers of the agency evaluated once every 4
    years by energy practitioners certified pursuant to the program,
    whenever practicable using certified practitioners employed by
    the agency.

    ``(g) Open Data Initiative.--
    ``(1) <>  In general.--The Secretary,
    in collaboration with key stakeholders and the Director of the
    Office of Management and Budget, shall establish an open data
    initiative relating to energy usage at federally owned and
    operated data centers, with the purpose of making the data
    available and accessible in a manner that encourages further
    data center innovation, optimization, and consolidation.
    ``(2) Consideration.--In establishing the initiative under
    paragraph (1), the Secretary shall consider using the online
    Data Center Maturity Model.

    ``(h) <>  International Specifications and
    Metrics.--The Secretary, in collaboration with key stakeholders, shall
    actively participate in efforts to harmonize global specifications and
    metrics for data center energy and water efficiency.

    ``(i) <>  Data Center Utilization Metric.--The
    Secretary, in collaboration with key stakeholders, shall facilitate in
    the development of an efficiency metric that measures the energy
    efficiency of a data center (including equipment and facilities).

    ``(j) Protection of Proprietary Information.--The Secretary and the
    Administrator shall not disclose any proprietary information or trade
    secrets provided by any individual or company for the purposes of
    carrying out this section or the programs and initiatives established
    under this section.''.
    SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION
    TECHNOLOGIES.

    Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is amended by adding at the end the following:
    ``(h) Federal Implementation Strategy for Energy-Efficient and
    Energy-Saving Information Technologies.--
    ``(1) Definitions.--In this subsection:
    ``(A) Director.--The term `Director' means the
    Director of the Office of Management and Budget.

    [[Page 2429]]

    ``(B) Information technology.--The term `information
    technology' has the meaning given that term in section
    11101 of title 40, United States Code.
    ``(2) <> Development of
    implementation strategy.--Not later than 1 year after the date
    of enactment of the Energy Act of 2020, each Federal agency
    shall coordinate with the Director, the Secretary, and the
    Administrator of the Environmental Protection Agency to develop
    an implementation strategy (including best-practices and
    measurement and verification techniques) for the maintenance,
    purchase, and use by the Federal agency of energy-efficient and
    energy-saving information technologies at or for facilities
    owned and operated by the Federal agency, taking into
    consideration the performance goals established under paragraph
    (4).
    ``(3) Administration.--In developing an implementation
    strategy under paragraph (2), each Federal agency shall
    consider--
    ``(A) advanced metering infrastructure;
    ``(B) energy efficient data center strategies and
    methods of increasing asset and infrastructure
    utilization;
    ``(C) advanced power management tools;
    ``(D) building information modeling, including
    building energy management;
    ``(E) secure telework and travel substitution tools;
    and
    ``(F) mechanisms to ensure that the agency realizes
    the energy cost savings of increased efficiency and
    utilization.
    ``(4) Performance goals.--
    ``(A) <> In
    general.--Not later than 180 days after the date of
    enactment of the Energy Act of 2020, the Director, in
    consultation with the Secretary, shall establish
    performance goals for evaluating the efforts of Federal
    agencies in improving the maintenance, purchase, and use
    of energy-efficient and energy-saving information
    technology at or for facilities owned and operated by
    the Federal agencies.
    ``(B) <>  Best practices.--
    The Chief Information Officers Council established under
    section 3603 of title 44, United States Code, shall
    recommend best practices for the attainment of the
    performance goals established under subparagraph (A),
    which shall include, to the extent applicable by law,
    consideration by a Federal agency of the use of--
    ``(i) energy savings performance contracting;
    and
    ``(ii) utility energy services contracting.
    ``(5) Reports.--
    ``(A) Agency reports.--Each Federal agency shall
    include in the report of the agency under section 527 of
    the Energy Independence and Security Act of 2007 (42
    U.S.C. 17143) a description of the efforts and results
    of the agency under this subsection.
    ``(B) OMB government efficiency reports and
    scorecards.--Effective beginning <>  not later than October 1, 2022, the Director
    shall include in the annual report and scorecard of the
    Director required under section 528 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17144)
    a description of the efforts and results of Federal
    agencies under this subsection.

    [[Page 2430]]

    ``(C) Use of existing reporting structures.--The
    Director may require Federal agencies to submit any
    information required to be submitted under this
    subsection though reporting structures in use as of the
    date of enactment of the Energy Act of 2020.''.
    SEC. 1005. <>  EXTENDED PRODUCT SYSTEM
    REBATE PROGRAM.

    (a) Definitions.--In this section:
    (1) Electric motor.--The term ``electric motor'' has the
    meaning given the term in section 431.12 of title 10, Code of
    Federal Regulations (as in effect on the date of enactment of
    this Act).
    (2) Electronic control.--The term ``electronic control''
    means--
    (A) a power converter; or
    (B) a combination of a power circuit and control
    circuit included on 1 chassis.
    (3) Extended product system.--The term ``extended product
    system'' means an electric motor and any required associated
    electronic control and driven load that--
    (A) offers variable speed or multispeed operation;
    (B) offers partial load control that reduces input
    energy requirements (as measured in kilowatt-hours) as
    compared to identified base levels set by the Secretary
    of Energy (in this section referred to as the
    ``Secretary''); and
    (C)(i) has greater than 1 horsepower; and
    (ii) uses an extended product system technology, as
    determined by the Secretary.
    (4) Qualified extended product system.--
    (A) In general.--The term ``qualified extended
    product system'' means an extended product system that--
    (i) includes an electric motor and an
    electronic control; and
    (ii) reduces the input energy (as measured in
    kilowatt-hours) required to operate the extended
    product system by not less than 5 percent, as
    compared to identified base levels set by the
    Secretary.
    (B) Inclusions.--The term ``qualified extended
    product system'' includes commercial or industrial
    machinery or equipment that--
    (i)(I) did not previously make use of the
    extended product system prior to the redesign
    described in subclause (II); and
    (II) incorporates an extended product system
    that has greater than 1 horsepower into redesigned
    machinery or equipment; and
    (ii) was previously used prior to, and was
    placed back into service during, calendar year
    2021 or 2022.

    (b) <>  Establishment.--Not later than 180 days
    after the date of enactment of this Act, the Secretary shall establish a
    program to provide rebates for expenditures made by qualified entities
    for the purchase or installation of a qualified extended product system.

    (c) Qualified Entities.--
    (1) Eligibility requirements.--A qualified entity under this
    section shall be--

    [[Page 2431]]

    (A) in the case of a qualified extended product
    system described in subsection (a)(4)(A), the purchaser
    of the qualified extended product that is installed; and
    (B) in the case of a qualified extended product
    system described in subsection (a)(4)(B), the
    manufacturer of the commercial or industrial machinery
    or equipment that incorporated the extended product
    system into that machinery or equipment.
    (2) Application.--To be eligible to receive a rebate under
    this section, a qualified entity shall submit to the Secretary--
    (A) an application in such form, at such time, and
    containing such information as the Secretary may
    require; and
    (B) <>  a certification that
    includes demonstrated evidence--
    (i) that the entity is a qualified entity; and
    (ii)(I) in the case of a qualified entity
    described in paragraph (1)(A)--
    (aa) that the qualified entity
    installed the qualified extended product
    system during the 2 fiscal years
    following the date of enactment of this
    Act;
    (bb) that the qualified extended
    product system meets the requirements of
    subsection (a)(4)(A); and
    (cc) showing the serial number,
    manufacturer, and model number from the
    nameplate of the installed motor of the
    qualified entity on which the qualified
    extended product system was installed;
    or
    (II) in the case of a qualified entity
    described in paragraph (1)(B), demonstrated
    evidence--
    (aa) that the qualified extended
    product system meets the requirements of
    subsection (a)(4)(B); and
    (bb) showing the serial number,
    manufacturer, and model number from the
    nameplate of the installed motor of the
    qualified entity with which the extended
    product system is integrated.

    (d) Authorized Amount of Rebate.--
    (1) In general.--The Secretary may provide to a qualified
    entity a rebate in an amount equal to the product obtained by
    multiplying--
    (A) an amount equal to the sum of the nameplate
    rated horsepower of--
    (i) the electric motor to which the qualified
    extended product system is attached; and
    (ii) the electronic control; and
    (B) $25.
    (2) Maximum aggregate amount.--A qualified entity shall not
    be entitled to aggregate rebates under this section in excess of
    $25,000 per calendar year.

    (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.

    [[Page 2432]]

    SEC. 1006. <>  ENERGY EFFICIENT
    TRANSFORMER REBATE PROGRAM.

    (a) Definitions.--In this section:
    (1) Qualified energy efficient transformer.--The term
    ``qualified energy efficient transformer'' means a transformer
    that meets or exceeds the applicable energy conservation
    standards described in the tables in subsection (b)(2) and
    paragraphs (1) and (2) of subsection (c) of section 431.196 of
    title 10, Code of Federal Regulations (as in effect on the date
    of enactment of this Act).
    (2) Qualified energy inefficient transformer.--The term
    ``qualified energy inefficient transformer'' means a transformer
    with an equal number of phases and capacity to a transformer
    described in any of the tables in subsection (b)(2) and
    paragraphs (1) and (2) of subsection (c) of section 431.196 of
    title 10, Code of Federal Regulations (as in effect on the date
    of enactment of this Act) that--
    (A) does not meet or exceed the applicable energy
    conservation standards described in paragraph (1); and
    (B)(i) <>  was manufactured
    between January 1, 1987, and December 31, 2008, for a
    transformer with an equal number of phases and capacity
    as a transformer described in the table in subsection
    (b)(2) of section 431.196 of title 10, Code of Federal
    Regulations (as in effect on the date of enactment of
    this Act); or
    (ii) was manufactured between January 1, 1992, and
    December 31, 2011, for a transformer with an equal
    number of phases and capacity as a transformer described
    in the table in paragraph (1) or (2) of subsection (c)
    of that section (as in effect on the date of enactment
    of this Act).
    (3) Qualified entity.--The term ``qualified entity'' means
    an owner of industrial or manufacturing facilities, commercial
    buildings, or multifamily residential buildings, a utility, or
    an energy service company that fulfills the requirements of
    subsection (c).

    (b) <> Establishment.--Not later than 90 days after
    the date of enactment of this Act, the Secretary of Energy (in this
    section referred to as the ``Secretary'') shall establish a program to
    provide rebates to qualified entities for expenditures made by the
    qualified entity for the replacement of a qualified energy inefficient
    transformer with a qualified energy efficient transformer.

    (c) Requirements.--To be eligible to receive a rebate under this
    section, an entity shall submit to the Secretary an application in such
    form, at such time, and containing such information as the Secretary may
    require, including demonstrated evidence--
    (1) that the entity purchased a qualified energy efficient
    transformer;
    (2) of the core loss value of the qualified energy efficient
    transformer;
    (3) of the age of the qualified energy inefficient
    transformer being replaced;
    (4) of the core loss value of the qualified energy
    inefficient transformer being replaced--
    (A) as measured by a qualified professional or
    verified by the equipment manufacturer, as applicable;
    or
    (B) <>  for
    transformers described in subsection (a)(2)(B)(i), as
    selected from a table of default values as determined

    [[Page 2433]]

    by the Secretary in consultation with applicable
    industry; and
    (5) that the qualified energy inefficient transformer has
    been permanently decommissioned and scrapped.

    (d) Authorized Amount of Rebate.--The amount of a rebate provided
    under this section shall be--
    (1) for a 3-phase or single-phase transformer with a
    capacity of not less than 10 and not greater than 2,500
    kilovolt-amperes, twice the amount equal to the difference in
    Watts between the core loss value (as measured in accordance
    with paragraphs (2) and (4) of subsection (c)) of--
    (A) the qualified energy inefficient transformer;
    and
    (B) the qualified energy efficient transformer; or
    (2) for a transformer described in subsection (a)(2)(B)(i),
    the amount determined using a table of default rebate values by
    rated transformer output, as measured in kilovolt-amperes, as
    determined by the Secretary in consultation with applicable
    industry.

    (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.
    (f) Termination of Effectiveness.--The authority provided by this
    section terminates on December 31, 2023.
    SEC. 1007. <>  SMART BUILDING ACCELERATION.

    (a) Definitions.--In this section:
    (1) Department.--The term ``Department'' means the
    Department of Energy.
    (2) Program.--The term ``program'' means the Federal Smart
    Building Program established under subsection (b)(1).
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.
    (4) Smart building.--The term ``smart building'' means a
    building, or collection of buildings, with an energy system
    that--
    (A) is flexible and automated;
    (B) has extensive operational monitoring and
    communication connectivity, allowing remote monitoring
    and analysis of all building functions;
    (C) takes a systems-based approach in integrating
    the overall building operations for control of energy
    generation, consumption, and storage;
    (D) communicates with utilities and other third-
    party commercial entities, if appropriate;
    (E) protects the health and safety of occupants and
    workers; and
    (F) incorporates cybersecurity best practices.
    (5) Smart building accelerator.--The term ``smart building
    accelerator'' means an initiative that is designed to
    demonstrate specific innovative policies and approaches--
    (A) with clear goals and a clear timeline; and
    (B) that, on successful demonstration, would
    accelerate investment in energy efficiency.

    (b) Federal Smart Building Program.--
    (1) <> Establishment.--Not
    later than 1 year after the date of enactment of this Act, the
    Secretary shall, in consultation

    [[Page 2434]]

    with the Administrator of General Services, establish a program
    to be known as the ``Federal Smart Building Program''--
    (A) to implement smart building technology; and
    (B) to demonstrate the costs and benefits of smart
    buildings.
    (2) Selection.--
    (A) <> In general.--The
    Secretary shall coordinate the selection of not fewer
    than 1 building from among each of several key Federal
    agencies, as described in paragraph (4), to compose an
    appropriately diverse set of smart buildings based on
    size, type, and geographic location.
    (B) Inclusion of commercially operated buildings.--
    In making selections under subparagraph (A), the
    Secretary may include buildings that are owned by the
    Federal Government but are commercially operated.
    (3) <>  Targets.--
    Not later than 18 months after the date of enactment of this
    Act, the Secretary shall establish targets for the number of
    smart buildings to be commissioned and evaluated by key Federal
    agencies by 3 years and 6 years after the date of enactment of
    this Act.
    (4) Federal agency described.--The key Federal agencies
    referred to paragraph (2)(A) shall include buildings operated
    by--
    (A) the Department of the Army;
    (B) the Department of the Navy;
    (C) the Department of the Air Force;
    (D) the Department;
    (E) the Department of the Interior;
    (F) the Department of Veterans Affairs; and
    (G) the General Services Administration.
    (5) Requirement.--In implementing the program, the Secretary
    shall leverage existing financing mechanisms including energy
    savings performance contracts, utility energy service contracts,
    and annual appropriations.
    (6) Evaluation.--Using the guidelines of the Federal Energy
    Management Program relating to whole-building evaluation,
    measurement, and verification, the Secretary shall evaluate the
    costs and benefits of the buildings selected under paragraph
    (2), including an identification of--
    (A) which advanced building technologies--
    (i) are most cost-effective; and
    (ii) show the most promise for--
    (I) increasing building energy
    savings;
    (II) increasing service performance
    to building occupants;
    (III) reducing environmental
    impacts; and
    (IV) establishing cybersecurity; and
    (B) any other information the Secretary determines
    to be appropriate.
    (7) Awards.--The Secretary may expand awards made under the
    Federal Energy Management Program and the Better Building
    Challenge to recognize specific agency achievements in
    accelerating the adoption of smart building technologies.

    (c) Survey of Private Sector Smart Buildings.--
    (1) Survey.--The Secretary shall conduct a survey of
    privately owned smart buildings throughout the United States,
    including commercial buildings, laboratory facilities,
    hospitals,

    [[Page 2435]]

    multifamily residential buildings, and buildings owned by
    nonprofit organizations and institutions of higher education.
    (2) Selection.--From among the smart buildings surveyed
    under paragraph (1), the Secretary shall select not fewer than 1
    building each from an appropriate range of building sizes,
    types, and geographic locations.
    (3) Evaluation.--Using the guidelines of the Federal Energy
    Management Program relating to whole-building evaluation,
    measurement, and verification, the Secretary shall evaluate the
    costs and benefits of the buildings selected under paragraph
    (2), including an identification of--
    (A) which advanced building technologies and
    systems--
    (i) are most cost-effective; and
    (ii) show the most promise for--
    (I) increasing building energy
    savings;
    (II) increasing service performance
    to building occupants;
    (III) reducing environmental
    impacts; and
    (IV) establishing cybersecurity; and
    (B) any other information the Secretary determines
    to be appropriate.

    (d) <> Better Building Challenge.--As part of
    the Better Building Challenge of the Department, the Secretary, in
    consultation with major private sector property owners, shall develop
    smart building accelerators to demonstrate innovative policies and
    approaches that will accelerate the transition to smart buildings in the
    public, institutional, and commercial buildings sectors.

    (e) Research and Development on Integrating Buildings Onto the
    Electric Grid.--
    (1) In general.--Subtitle B of title IV of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.)
    is amended by adding at the end the following:
    ``SEC. 426. <>  ADVANCED INTEGRATION OF
    BUILDINGS ONTO THE ELECTRIC GRID.

    ``(a) In General.--The Secretary shall establish a program of
    research, development, and demonstration to enable components of
    commercial and residential buildings to serve as dynamic energy loads on
    and resources for the electric grid. The program shall focus on--
    ``(1) developing low-cost, low power, wireless sensors to--
    ``(A) monitor building energy load;
    ``(B) forecast building energy need; and
    ``(C) enable building-level energy control;
    ``(2) developing data management capabilities and standard
    communication protocols to further interoperability at the
    building and grid-level;
    ``(3) developing advanced building-level energy management
    of components through integration of smart technologies, control
    systems, and data processing, to enable energy efficiency and
    savings;
    ``(4) optimizing energy consumption at the building level to
    enable grid stability and resilience;
    ``(5) improving visualization of behind the meter equipment
    and technologies to provide better insight into the energy needs
    and energy forecasts of individual buildings;

    [[Page 2436]]

    ``(6) reducing the cost of key components to accelerate the
    adoption of smart building technologies;
    ``(7) protecting against cybersecurity threats and
    addressing security vulnerabilities of building systems or
    equipment; and
    ``(8) other areas determined appropriate by the Secretary.

    ``(b) Considerations.--In carrying out the program under subsection
    (a), the Secretary shall--
    ``(1) work with utility partners, building owners,
    technology vendors, and building developers to test and validate
    technologies and encourage the commercial application of these
    technologies by building owners; and
    ``(2) consider the specific challenges of enabling greater
    interaction between components of--
    ``(A) small- and medium-sized buildings and the
    electric grid; and
    ``(B) residential and commercial buildings and the
    electric grid.

    ``(c) Buildings-to-grid Integration Report.--Not later than 1 year
    after the enactment of this section, the Secretary shall submit to the
    Committee on Science, Space, and Technology and the Committee on Energy
    and Commerce of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate a report on the results of a study
    that examines the research, development, and demonstration
    opportunities, challenges, and standards needed to enable components of
    commercial and residential buildings to serve as dynamic energy loads on
    and resources for the electric grid.
    ``(1) <> Report requirements.--The
    report shall include--
    ``(A) an assessment of the technologies needed to
    enable building components as dynamic loads on and
    resources for the electric grid, including how such
    technologies can be--
    ``(i) incorporated into new commercial and
    residential buildings; and
    ``(ii) retrofitted in older buildings;
    ``(B) <> guidelines for the
    design of new buildings and building components to
    enable modern grid interactivity and improve energy
    efficiency;
    ``(C) an assessment of barriers to the adoption by
    building owners of advanced technologies enabling
    greater integration of building components onto the
    electric grid; and
    ``(D) an assessment of the feasibility of adopting
    technologies developed under subsection (a) at
    Department facilities.
    ``(2) <>  Recommendations.--As part of
    the report, the Secretary shall develop a 10-year roadmap to
    guide the research, development, and demonstration program to
    enable components of commercial and residential buildings to
    serve as dynamic energy loads on and resources for the electric
    grid.
    ``(3) <>  Updates.--The Secretary shall
    update the report required under this section every 3 years for
    the duration of the program under subsection (a) and shall
    submit the updated report to the Committee on Science, Space,
    and Technology and the Committee on Energy and Commerce of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate.

    [[Page 2437]]

    ``(d) Program Implementation.--In carrying out this section, the
    Secretary shall--
    ``(1) implement the recommendations from the report in
    subsection (c); and
    ``(2) <>  coordinate across all
    relevant program offices at the Department to achieve the goals
    established in this section, including the Office of
    Electricity.''.
    (2) Conforming amendment.--The table of contents for the
    Energy Independence and Security Act of 2007 is amended by
    adding after the item relating to section 425 the following:

    ``Sec. 426. Advanced integration of buildings onto the electric grid.''.

    (f) <>  Report.--Not later than 2 years after
    the date of enactment of this Act, and every 2 years thereafter until a
    total of 3 reports have been made, the Secretary shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Energy and Commerce and the Committee on Science, Space,
    and Technology of the House of Representatives a report on--
    (1) the establishment of the Federal Smart Building Program
    and the evaluation of Federal smart buildings under subsection
    (b);
    (2) <>  the survey and evaluation
    of private sector smart buildings under subsection (c); and
    (3) <>  any recommendations of the
    Secretary to further accelerate the transition to smart
    buildings.
    SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY CONSERVATION
    STANDARD.

    (a) In General.--Section 325(ff)(6) of the Energy Policy and
    Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by adding at the end
    the following:
    ``(C)(i) <>  Large-diameter ceiling fans
    manufactured on or after January 21, 2020, shall--
    ``(I) not be required to meet minimum ceiling fan efficiency
    in terms of ratio of the total airflow to the total power
    consumption as described in the final rule titled `Energy
    Conservation Program: Energy Conservation Standards for Ceiling
    Fans' (82 Fed. Reg. 6826 (January 19, 2017)); and
    ``(II) have a CFEI greater than or equal to--
    ``(aa) 1.00 at high speed; and
    ``(bb) 1.31 at 40 percent speed or the nearest speed
    that is not less than 40 percent speed.

    ``(ii) <>  For purposes of this subparagraph, the
    term `CFEI' means the Fan Energy Index for large-diameter ceiling fans,
    calculated in accordance with ANSI/AMCA Standard 208-18 titled
    `Calculation of the Fan Energy Index', with the following modifications:
    ``(I) Using an Airflow Constant (Q0) of 26,500
    cubic feet per minute.
    ``(II) Using a Pressure Constant (P0) of 0.0027
    inches water gauge.
    ``(III) Using a Fan Efficiency Constant (h0) of
    42 percent.''.

    (b) <>  Revision.--For purposes of section
    325(m) of the Energy Policy and Conservation Act (42 U.S.C. 6295(m)),
    the standard established in section 325(ff)(6)(C) of such Act (as added
    by subsection (a) of this section) shall be treated as if such standard
    was issued on January 19, 2017.

    [[Page 2438]]

    SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.

    (a) Definition of Electrochromic Glass.--In this section, the term
    ``electrochromic glass'' means glass that uses electricity to change the
    light transmittance properties of the glass to heat or cool a structure.
    (b) <>  Report.--Not later than 1 year after
    the date of enactment of this Act, the Secretary of Energy, in
    collaboration with the heads of other relevant agencies, shall submit to
    the Committee on Energy and Natural Resources of the Senate and the
    Committee on Energy and Commerce of the House of Representatives a
    report that addresses the benefits of electrochromic glass, including
    the following:
    (1) Reductions in energy consumption in commercial
    buildings, especially peak cooling load reduction and annual
    energy bill savings.
    (2) Benefits in the workplace, especially visual comfort and
    employee health.
    (3) Benefits of natural light in hospitals for patients and
    staff, especially accelerated patient healing and recovery time.
    SEC. 1010. <>  ENERGY AND WATER FOR
    SUSTAINABILITY.

    (a) Nexus of Energy and Water for Sustainability.--
    (1) Definitions.--In this section:
    (A) Department.--The term ``Department'' means the
    Department of Energy.
    (B) Energy-water nexus.--The term ``energy-water
    nexus'' means the links between--
    (i) the water needed to produce fuels,
    electricity, and other forms of energy; and
    (ii) the energy needed to transport, reclaim,
    and treat water and wastewater.
    (C) Interagency rd&d coordination committee.--The
    term ``Interagency RD&D Coordination Committee'' means
    the Interagency RD&D Coordination Committee on the Nexus
    of Energy and Water for Sustainability (or the ``NEWS
    RD&D Committee'') established under paragraph (3)(A).
    (D) Nexus of energy and water sustainability rd&d
    office; news rd&d office.--The term ``Nexus of Energy
    and Water Sustainability RD&D Office'' or the ``NEWS
    RD&D Office'' means an office located at the Department
    and managed in cooperation with the Department of the
    Interior pursuant to an agreement between the 2 agencies
    to carry out leadership and administrative functions for
    the Interagency RD&D Coordination Committee.
    (E) RD&D.--The term ``RD&D'' means research,
    development, and demonstration.
    (F) Secretary.--The term ``Secretary'' means the
    Secretary of Energy.
    (2) Statement of policy.--Recognizing States' primacy over
    allocation and administration of water resources (except in
    specific instances where preempted under Federal law) and the
    siting of energy infrastructure within State boundaries on non-
    Federal lands, it is the national policy that the Federal
    government, in all energy-water nexus management activities,
    shall maximize coordination and consultation among Federal

    [[Page 2439]]

    agencies and with State and local governments, and disseminate
    information to the public in the most effective manner.
    (3) Interagency rd&d coordination committee.--
    (A) <>  Establishment.--Not later
    than 180 days after the date of enactment of this Act,
    the Secretary and the Secretary of the Interior shall
    establish the joint NEWS RD&D Office and Interagency
    RD&D Coordination Committee on the Nexus of Energy and
    Water for Sustainability (or the ``NEWS RD&D
    Committee'') to carry out the duties described in
    subparagraph (C).
    (B) Administration.--
    (i) Chairs.--The Secretary and the Secretary
    of the Interior shall jointly manage the NEWS RD&D
    Office and serve as co-chairs of the Interagency
    RD&D Coordination Committee.
    (ii) Membership; staffing.--Membership and
    staffing shall be determined by the co-chairs.
    (C) Duties.--The Interagency RD&D Coordination
    Committee shall--
    (i) serve as a forum for developing common
    Federal goals and plans on energy-water nexus RD&D
    activities, in coordination with the National
    Science and Technology Council;
    (ii) <>  not later than 1 year after
    the date of enactment of this Act, and biennially
    thereafter, issue a strategic plan on energy-water
    nexus RD&D activities, priorities, and objectives
    pursuant to subparagraph (D), which shall be
    developed in consultation with relevant State and
    local governments;
    (iii) convene and promote coordination of RD&D
    activities of relevant Federal departments and
    agencies on energy-water nexus;
    (iv)(I) coordinate and develop capabilities
    and methodologies related to RD&D activities for
    data collection, data communication protocols
    (including models and modeling results), data
    management, and dissemination of validated data
    and results related to energy-water nexus RD&D
    activities to requesting Federal departments and
    agencies; and
    (II) promote information exchange between
    Federal departments and agencies--
    (aa) to identify and document
    Federal and non-Federal RD&D programs
    and funding opportunities that support
    basic and applied RD&D proposals to
    advance energy-water nexus related
    science and technologies;
    (bb) to leverage existing RD&D
    programs by encouraging joint
    solicitations, block grants, and
    matching programs with non-Federal
    entities; and
    (cc) to identify opportunities for
    domestic and international public-
    private partnerships, innovative
    financing mechanisms, and information
    and data exchange with respect to RD&D
    activities;
    (v) identify ways to leverage existing RD&D
    programs, including programs at the State and
    local level;
    (vi) make publicly available the results of
    RD&D activities on the energy water nexus;

    [[Page 2440]]

    (vii) with regard to RD&D programs, recommend
    improvements and best practices for the collection
    and dissemination of federal water use data and
    the use of monitoring networks; and
    (viii) promote coordination on RD&D with non-
    Federal interests by--
    (I) consulting with representatives
    of research and academic institutions,
    State, local, and Tribal governments,
    public utility commissions, and
    industry, who have expertise in
    technologies, technological innovations,
    or practices relating to the energy-
    water nexus; and
    (II) considering conducting
    technical workshops.
    (D) Strategic plan.--In developing the strategic
    plan pursuant to (C)(ii), the Interagency RD&D
    Coordination Committee shall--
    (i) to the maximum extent possible, avoid
    duplication with other Federal RD&D programs, and
    projects, including with those of the National
    Laboratories;
    (ii) consider inclusion of specific research,
    development and demonstration needs, including--
    (I) innovative practices,
    technologies and other advancements
    improving water efficiency, treatment,
    recovery, or reuse associated with
    energy generation, including cooling,
    and fuel production;
    (II) innovative practices,
    technologies and other advancements
    associated with energy use in water
    collection, supply, delivery,
    distribution, treatment, or reuse;
    (III) innovative practices,
    technologies and other advancements
    associated with generation or production
    of energy from water or wastewater
    systems; and
    (IV) modeling and systems analysis
    related to energy-water nexus; and
    (iii) submit the plan to the Committee on
    Energy and Natural Resources of the Senate and the
    Committees on Science, Space, and Technology,
    Energy and Commerce, and Natural Resources of the
    House of Representatives.
    (E) Rules of construction.--
    (i) Nothing in this section grants to the
    Interagency RD&D Coordination Committee the
    authority to promulgate regulations or set
    standards.
    (ii) Notwithstanding any other provision of
    law, nothing in this section shall be construed to
    require State, Tribal, or local governments to
    take any action that may result in an increased
    financial burden to such governments.
    (F) <>
    Additional participation.--In developing the strategic
    plan described in subparagraph (C)(ii), the Secretary
    shall consult and coordinate with a diverse group of
    representatives from research and academic institutions,
    industry, public utility commissions, and State and
    local governments who have expertise in technologies and
    practices relating to the energy-water nexus.

    [[Page 2441]]

    (G) <>  Review; report.--At the
    end of the 5-year period beginning on the date on which
    the Interagency RD&D Coordination Committee and NEWS
    RD&D Office are established, the NEWS RD&D Office
    shall--
    (i) review the activities, relevance, and
    effectiveness of the Interagency RD&D Coordination
    Committee; and
    (ii) submit to the Committee on Energy and
    Natural Resources of the Senate and the Committees
    on Science, Space, and Technology, Energy and
    Commerce, and Natural Resources of the House of
    Representatives a report that--
    (I) describes the results of the
    review conducted under clause (i); and
    (II) <>
    includes a recommendation on whether the
    Interagency RD&D Coordination Committee
    should continue.
    (4) <>  Crosscut budget.--Not later than 30
    days after the President submits the budget of the United States
    Government under section 1105 of title 31, United States Code,
    the co-chairs of the Interagency RD&D Coordination Committee
    (acting through the NEWS RD&D Office) shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committees on Science, Space, and Technology, Energy and
    Commerce, and Natural Resources of the House of Representatives,
    an interagency budget crosscut report that displays at the
    program-, project-, and activity-level for each of the Federal
    agencies that carry out or support (including through grants,
    contracts, interagency and intraagency transfers, and multiyear
    and no-year funds) basic and applied RD&D activities to advance
    the energy-water nexus related science and technologies,
    including--
    (A) the budget proposed in the budget request of the
    President for the upcoming fiscal year;
    (B) expenditures and obligations for the prior
    fiscal year; and
    (C) estimated expenditures and obligations for the
    current fiscal year.
    (5) Termination.--
    (A) In general.--The authority provided to the NEWS
    RD&D Office and NEWS RD&D Committee under this
    subsection shall terminate on the date that is 7 years
    after the date of enactment of this Act.
    (B) Effect.--The termination of authority under
    subparagraph (A) shall not affect ongoing interagency
    planning, coordination, or other RD&D activities
    relating to the energy-water nexus.

    (b) Integrating Energy and Water Research.--The Secretary shall
    integrate the following considerations into energy RD&D programs and
    projects of the Department by--
    (1) advancing RD&D for energy and energy efficiency
    technologies and practices that meet the objectives of--
    (A) minimizing freshwater withdrawal and
    consumption;
    (B) increasing water use efficiency; and
    (C) utilizing nontraditional water sources;

    [[Page 2442]]

    (2) considering the effects climate variability may have on
    water supplies and quality for energy generation and fuel
    production; and
    (3) improving understanding of the energy-water nexus (as
    defined in subsection (a)(1)).

    (c) Additional Activities.--The Secretary may provide for such
    additional RD&D activities as appropriate to integrate the
    considerations described in subsection (b) into the RD&D activities of
    the Department.
    SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.

    (a) Reauthorization of Weatherization Assistance Program.--Section
    422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
    amended by striking paragraphs (1) through (5) and inserting the
    following:
    ``(1) $330,000,000 for fiscal year 2021; and
    ``(2) $350,000,000 for each of fiscal years 2022 through
    2025.''.

    (b) Modernizing the Definition of Weatherization Materials.--Section
    412(9)(J) of the Energy Conservation and Production Act (42 U.S.C.
    6862(9)(J)) is amended--
    (1) by inserting ``, including renewable energy technologies
    and other advanced technologies,'' after ``devices or
    technologies''; and
    (2) by striking ``, the Secretary of Agriculture, and the
    Director of the Community Services Administration''.

    (c) Consideration of Health Benefits.--Section 413(b) of the Energy
    Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
    (1) in paragraph (3)--
    (A) by striking ``and with the Director of the
    Community Services Administration'';
    (B) by inserting ``and by'' after ``in carrying out
    this part,''; and
    (C) by striking ``, and the Director of the
    Community Services Administration in carrying out
    weatherization programs under section 222(a)(12) of the
    Economic Opportunity Act of 1964'';
    (2) by redesignating paragraphs (4) through (6) as
    paragraphs (5) through (7), respectively; and
    (3) by inserting after paragraph (3), the following:

    ``(4) The Secretary may amend the regulations prescribed under
    paragraph (1) to provide that the standards described in paragraph
    (2)(A) take into consideration improvements in the health and safety of
    occupants of dwelling units, and other non-energy benefits, from
    weatherization.''.
    (d) Contractor Optimization.--
    (1) In general.--The Energy Conservation and Production Act
    is amended by inserting after section 414B (42 U.S.C. 6864b) the
    following:
    ``SEC. <> 414C. CONTRACTOR OPTIMIZATION.

    ``(a) In General.--The Secretary may request that entities receiving
    funding from the Federal Government or from a State through a
    weatherization assistance program under section 413 or section 414
    perform periodic reviews of the use of private contractors in the
    provision of weatherization assistance, and encourage expanded use of
    contractors as appropriate.

    [[Page 2443]]

    ``(b) Use of Training Funds.--Entities described in subsection (a)
    may use funding described in such subsection to train private, non-
    Federal entities that are contracted to provide weatherization
    assistance under a weatherization program, in accordance with rules
    determined by the Secretary.''.
    (2) Table of contents amendment.--The table of contents for
    the Energy Conservation and Production Act is amended by
    inserting after the item relating to section 414B the following:

    ``Sec. 414C. Contractor optimization.''.

    (e) Financial Assistance for Wap Enhancement and Innovation.--
    (1) In general.--The Energy Conservation and Production Act
    is amended by inserting after section 414C (as added by
    subsection (d) of this section) the following:
    ``SEC. 414D. <> FINANCIAL ASSISTANCE FOR WAP
    ENHANCEMENT AND INNOVATION.

    ``(a) Purposes.--The purposes of this section are--
    ``(1) to expand the number of dwelling units that are
    occupied by low-income persons that receive weatherization
    assistance by making such dwelling units weatherization-ready;
    ``(2) to promote the deployment of renewable energy in
    dwelling units that are occupied by low-income persons;
    ``(3) to ensure healthy indoor environments by enhancing or
    expanding health and safety measures and resources available to
    dwellings that are occupied by low-income persons;
    ``(4) to disseminate new methods and best practices among
    entities providing weatherization assistance; and
    ``(5) to encourage entities providing weatherization
    assistance to hire and retain employees who are individuals--
    ``(A) from the community in which the assistance is
    provided; and
    ``(B) from communities or groups that are
    underrepresented in the home energy performance
    workforce, including religious and ethnic minorities,
    women, veterans, individuals with disabilities, and
    individuals who are socioeconomically disadvantaged.

    ``(b) Financial Assistance.--The Secretary shall, to the extent
    funds are made available, award financial assistance, on an annual
    basis, through a competitive process to entities receiving funding from
    the Federal Government or from a State, tribal organization, or unit of
    general purpose local government through a weatherization program under
    section 413 or section 414, or to nonprofit entities, to be used by such
    an entity--
    ``(1) with respect to dwelling units that are occupied by
    low-income persons, to--
    ``(A) implement measures to make such dwelling units
    weatherization-ready by addressing structural, plumbing,
    roofing, and electrical issues, environmental hazards,
    or other measures that the Secretary determines to be
    appropriate;
    ``(B) install energy efficiency technologies,
    including home energy management systems, smart devices,
    and other technologies the Secretary determines to be
    appropriate;

    [[Page 2444]]

    ``(C) install renewable energy systems (as defined
    in section 415(c)(6)(A)); and
    ``(D) implement measures to ensure healthy indoor
    environments by improving indoor air quality,
    accessibility, and other healthy homes measures as
    determined by the Secretary;
    ``(2) to improve the capability of the entity--
    ``(A) to significantly increase the number of energy
    retrofits performed by such entity;
    ``(B) to replicate best practices for work performed
    pursuant to this section on a larger scale;
    ``(C) to leverage additional funds to sustain the
    provision of weatherization assistance and other work
    performed pursuant to this section after financial
    assistance awarded under this section is expended; and
    ``(D) to hire and retain employees who are
    individuals described subsection (a)(5);
    ``(3) for innovative outreach and education regarding the
    benefits and availability of weatherization assistance and other
    assistance available pursuant to this section;
    ``(4) for quality control of work performed pursuant to this
    section;
    ``(5) for data collection, measurement, and verification
    with respect to such work;
    ``(6) for program monitoring, oversight, evaluation, and
    reporting regarding such work;
    ``(7) for labor, training, and technical assistance relating
    to such work;
    ``(8) for planning, management, and administration (up to a
    maximum of 15 percent of the assistance provided); and
    ``(9) for such other activities as the Secretary determines
    to be appropriate.

    ``(c) Award Factors.--In awarding financial assistance under this
    section, the Secretary shall consider--
    ``(1) the applicant's record of constructing, renovating,
    repairing, or making energy efficient single-family,
    multifamily, or manufactured homes that are occupied by low-
    income persons, either directly or through affiliates, chapters,
    or other partners (using the most recent year for which data are
    available);
    ``(2) the number of dwelling units occupied by low-income
    persons that the applicant has built, renovated, repaired,
    weatherized, or made more energy efficient in the 5 years
    preceding the date of the application;
    ``(3) the qualifications, experience, and past performance
    of the applicant, including experience successfully managing and
    administering Federal funds;
    ``(4) the strength of an applicant's proposal to achieve one
    or more of the purposes under subsection (a);
    ``(5) the extent to which such applicant will utilize
    partnerships and regional coordination to achieve one or more of
    the purposes under subsection (a);
    ``(6) regional and climate zone diversity;
    ``(7) urban, suburban, and rural localities; and
    ``(8) such other factors as the Secretary determines to be
    appropriate.

    ``(d) Applications.--

    [[Page 2445]]

    ``(1) Administration.--To be eligible for an award of
    financial assistance under this section, an applicant shall
    submit to the Secretary an application in such manner and
    containing such information as the Secretary may require.
    ``(2) <>  Awards.--Subject to the
    availability of appropriations, not later than 270 days after
    the date of enactment of this section, the Secretary shall make
    a first award of financial assistance under this section.

    ``(e) Maximum Amount and Term.--
    ``(1) In general.--The total amount of financial assistance
    awarded to an entity under this section shall not exceed
    $2,000,000.
    ``(2) Technical and training assistance.--The total amount
    of financial assistance awarded to an entity under this section
    shall be reduced by the cost of any technical and training
    assistance provided by the Secretary that relates to such
    financial assistance.
    ``(3) Term.--The term of an award of financial assistance
    under this section shall not exceed 3 years.
    ``(4) Relationship to formula grants.--An entity may use
    financial assistance awarded to such entity under this section
    in conjunction with other financial assistance provided to such
    entity under this part.

    ``(f) <>  Requirements.--Not later than 90 days
    after the date of enactment of this section, the Secretary shall issue
    requirements to implement this section, including, for entities
    receiving financial assistance under this section--
    ``(1) standards for allowable expenditures;
    ``(2) a minimum saving-to-investment ratio; and
    ``(3) standards for--
    ``(A) training programs;
    ``(B) energy audits;
    ``(C) the provision of technical assistance;
    ``(D) monitoring activities carried out using such
    financial assistance;
    ``(E) verification of energy and cost savings;
    ``(F) liability insurance requirements; and
    ``(G) recordkeeping and reporting requirements,
    which shall include reporting to the Office of
    Weatherization and Intergovernmental Programs of the
    Department of Energy applicable data on each dwelling
    unit retrofitted or otherwise assisted pursuant to this
    section.

    ``(g) Compliance With State and Local Law.--Nothing in this section
    supersedes or otherwise affects any State or local law, to the extent
    that the State or local law contains a requirement that is more
    stringent than the applicable requirement of this section.
    ``(h) Review and Evaluation.--The Secretary shall review and
    evaluate the performance of each entity that receives an award of
    financial assistance under this section (which may include an audit).
    ``(i) Annual Report.--The Secretary shall submit to Congress an
    annual report that provides a description of--
    ``(1) actions taken under this section to achieve the
    purposes of this section; and
    ``(2) accomplishments as a result of such actions, including
    energy and cost savings achieved.

    [[Page 2446]]

    ``(j) Funding.--
    ``(1) Amounts.--
    ``(A) In general.--For each of fiscal years 2021
    through 2025, of the amount made available under section
    422 for such fiscal year to carry out the weatherization
    program under this part (not including any of such
    amount made available for Department of Energy
    headquarters training or technical assistance), not more
    than--
    ``(i) 2 percent of such amount (if such amount
    is $225,000,000 or more but less than
    $260,000,000) may be used to carry out this
    section;
    ``(ii) 4 percent of such amount (if such
    amount is $260,000,000 or more but less than
    $300,000,000) may be used to carry out this
    section; and
    ``(iii) 6 percent of such amount (if such
    amount is $300,000,000 or more) may be used to
    carry out this section.
    ``(B) <>  Minimum.--For each of
    fiscal years 2021 through 2025, if the amount made
    available under section 422 (not including any of such
    amount made available for Department of Energy
    headquarters training or technical assistance) for such
    fiscal year is less than $225,000,000, no funds shall be
    made available to carry out this section.
    ``(2) Limitation.--For any fiscal year, the Secretary may
    not use more than $25,000,000 of the amount made available under
    section 422 to carry out this section.

    ``(k) Termination.--The Secretary may not award financial assistance
    under this section after September 30, 2025.''.
    (2) Table of contents.--The table of contents for the Energy
    Conservation and Production Act is amended by inserting after
    the item relating to section 414C the following:

    ``Sec. 414D. Financial assistance for WAP enhancement and innovation.''.

    (f) Hiring.--
    (1) In general.--The Energy Conservation and Production Act
    is amended by inserting after section 414D (as added by
    subsection (e) of this section) the following:
    ``SEC. 414E. <>  HIRING.

    ``The <> Secretary may, as the Secretary
    determines appropriate, encourage entities receiving funding from the
    Federal Government or from a State through a weatherization program
    under section 413 or section 414, to prioritize the hiring and retention
    of employees who are individuals described in section 414D(a)(5).''.
    (2) Table of contents.--The table of contents for the Energy
    Conservation and Production Act is amended by inserting after
    the item relating to section 414D the following:

    ``Sec. 414E. Hiring.''.

    (g) Increase in Administrative Funds.--Section 415(a)(1) of the
    Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is amended
    by striking ``10 percent'' and inserting ``15 percent''.
    (h) Amending Re-weatherization Date.--Paragraph (2) of section
    415(c) of the Energy Conservation and Production Act (42 U.S.C. 6865(c))
    is amended to read as follows:
    ``(2) Dwelling units weatherized (including dwelling units partially
    weatherized) under this part, or under other Federal programs

    [[Page 2447]]

    (in this paragraph referred to as `previous weatherization'), may not
    receive further financial assistance for weatherization under this part
    until the date that is 15 years after the date such previous
    weatherization was completed. This paragraph does not preclude dwelling
    units that have received previous weatherization from receiving
    assistance and services (including the provision of information and
    education to assist with energy management and evaluation of the
    effectiveness of installed weatherization materials) other than
    weatherization under this part or under other Federal programs, or from
    receiving non-Federal assistance for weatherization.''.
    (i) Annual Report.--Section 421 of the Energy Conservation and
    Production Act (42 U.S.C. 6871) is amended by inserting ``the number of
    multifamily buildings in which individual dwelling units were
    weatherized during the previous year, the number of individual dwelling
    units in multifamily buildings weatherized during the previous year,''
    after ``the average size of the dwellings being weatherized,''.
    (j) Report on Waivers.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to Congress
    a report on the status of any request made after September 30, 2010, for
    a waiver of any requirement under section 200.313 of title 2, Code of
    Federal Regulations, as such requirement applies with respect to the
    weatherization assistance program under part A of title IV of the Energy
    Conservation and Production Act (42 U.S.C. 6861 et seq.), including a
    description of any such waiver that has been granted and any such
    request for a waiver that has been considered but not granted.
    SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.

    Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is further amended by adding at the end the following:
    ``(i) Federal Energy Management Program.--
    ``(1) In general.--The Secretary shall carry out a program,
    to be known as the `Federal Energy Management Program' (referred
    to in this subsection as the `Program'), to facilitate the
    implementation by the Federal Government of cost-effective
    energy and water management and energy-related investment
    practices--
    ``(A) <>  to coordinate and
    strengthen Federal energy and water resilience; and
    ``(B) to promote environmental stewardship.
    ``(2) <>  Federal director.--The
    Secretary shall appoint an individual to serve as the director
    of the Program (referred to in this subsection as the `Federal
    Director'), which shall be a career position in the Senior
    Executive service, to administer the Program.
    ``(3) Program activities.--
    ``(A) Strategic planning and technical assistance.--
    In administering the Program, the Federal Director
    shall--
    ``(i) provide technical assistance and project
    implementation support and guidance to agencies to
    identify, implement, procure, and track energy and
    water conservation measures required under this
    Act and under other provisions of law;

    [[Page 2448]]

    ``(ii) <>  in
    coordination with the Administrator of the General
    Services Administration, establish appropriate
    procedures, methods, and best practices for use by
    agencies to select, monitor, and terminate
    contracts entered into pursuant to a utility
    incentive program under section 546(c) with
    utilities;
    ``(iii) carry out the responsibilities of the
    Secretary under section 801, as determined
    appropriate by the Secretary;
    ``(iv) establish and maintain internet-based
    information resources and project tracking systems
    and tools for energy and water management;
    ``(v) <>  coordinate
    comprehensive and strategic approaches to energy
    and water resilience planning for agencies; and
    ``(vi) establish a recognition program for
    Federal achievement in energy and water
    management, energy-related investment practices,
    environmental stewardship, and other relevant
    areas, through events such as individual
    recognition award ceremonies and public
    announcements.
    ``(B) Energy and water management and reporting.--In
    administering the Program, the Federal Director shall--
    ``(i) track and report on the progress of
    agencies in meeting the requirements of the agency
    under this section;
    ``(ii) <> make
    publicly available agency performance data
    required under--
    ``(I) this section and sections 544,
    546, 547, and 548; and
    ``(II) section 203 of the Energy
    Policy Act of 2005 (42 U.S.C. 15852);
    ``(iii)(I) collect energy and water use and
    consumption data from each agency; and
    ``(II) based on that data, submit to each
    agency a report that will facilitate the energy
    and water management, energy-related investment
    practices, and environmental stewardship of the
    agency in support of Federal goals under this Act
    and under other provisions of law;
    ``(iv) carry out the responsibilities of the
    Secretary under section 305 of the Energy
    Conservation and Production Act (42 U.S.C. 6834);
    ``(v) <> in consultation
    with the Administrator of the General Services
    Administration, acting through the head of the
    Office of High-Performance Green Buildings,
    establish and implement sustainable design
    principles for Federal facilities; and
    ``(vi) designate products that meet the
    highest energy conservation standards for
    categories not covered under the Energy Star
    program established under section 324A of the
    Energy Policy and Conservation Act (42 U.S.C.
    6294a).
    ``(C) Federal interagency coordination.--In
    administering the Program, the Federal Director shall--

    [[Page 2449]]

    ``(i) develop and implement accredited
    training consistent with existing Federal programs
    and activities--
    ``(I) relating to energy and water
    use, management, and resilience in
    Federal facilities, energy-related
    investment practices, and environmental
    stewardship; and
    ``(II) that includes in-person
    training, internet-based programs, and
    national in-person training events;
    ``(ii) carry out the functions of the
    Secretary with respect to the Interagency Energy
    Management Task Force under section 547; and
    ``(iii) report on the implementation of the
    priorities of the President, including Executive
    orders, relating to energy and water use in
    Federal facilities, in coordination with--
    ``(I) the Office of Management and
    Budget;
    ``(II) the Council on Environmental
    Quality; and
    ``(III) any other entity, as
    considered necessary by the Federal
    Director.
    ``(D) Facility and fleet optimization.--In
    administering the Program, the Federal Director shall
    develop guidance, supply assistance to, and track the
    progress of agencies--
    ``(i) in conducting portfolio-wide facility
    energy and water resilience planning and project
    integration;
    ``(ii) in building new construction and major
    renovations to meet the sustainable design and
    energy and water performance standards required
    under this section;
    ``(iii) in developing guidelines for--
    ``(I) facility commissioning; and
    ``(II) facility operations and
    maintenance; and
    ``(iv) in coordination with the Administrator
    of the General Services Administration, in meeting
    statutory and agency goals for Federal fleet
    vehicles.
    ``(4) <>  Management council.--The
    Federal Director shall establish a management council to advise
    the Federal Director that shall--
    ``(A) convene not less frequently than once every
    quarter; and
    ``(B) consist of representatives from--
    ``(i) the Council on Environmental Quality;
    ``(ii) the Office of Management and Budget;
    and
    ``(iii) the Office of Federal High-Performance
    Green Buildings in the General Services
    Administration.
    ``(5) Authorization of appropriations.--There is authorized
    to be appropriated to the Secretary to carry out this subsection
    $36,000,000 for each of fiscal years 2021 through 2025.''.
    SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

    (a) In General.--Section 375 of the Energy Policy and Conservation
    Act (42 U.S.C. 6345) is amended to read as follows:
    ``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

    ``(a) Renaming.--

    [[Page 2450]]

    ``(1) In general.--The Clean Energy Application Centers of
    the Department of Energy are redesignated as the CHP Technical
    Assistance Partnership Program (referred to in this section as
    the `Program').
    ``(2) Program description.--The Program shall consist of--
    ``(A) the 10 regional CHP Technical Assistance
    Partnerships in existence on the date of enactment of
    the Energy Act of 2020;
    ``(B) such other regional CHP Technical Assistance
    Partnerships as the Secretary may establish with
    consideration given to establishing such partnerships in
    rural communities; and
    ``(C) any supporting technical activities under the
    Technical Partnership Program of the Advanced
    Manufacturing Office.
    ``(3) References.--Any reference in any law, rule,
    regulation, or publication to a Combined Heat and Power
    Application Center or a Clean Energy Application Center shall be
    deemed to be a reference to the Program.

    ``(b) CHP Technical Assistance Partnership Program.--
    ``(1) In general.--The Program shall--
    ``(A) operate programs to encourage deployment of
    combined heat and power, waste heat to power, and
    efficient district energy (collectively referred to in
    this subsection as `CHP') technologies by providing
    education and outreach to--
    ``(i) building, industrial, and electric and
    natural gas utility professionals;
    ``(ii) State and local policymakers; and
    ``(iii) other individuals and organizations
    with an interest in efficient energy use, local or
    opportunity fuel use, resiliency, or energy
    security, microgrids, and district energy; and
    ``(B) provide project specific support to building
    and industrial professionals through economic and
    engineering assessments and advisory activities.
    ``(2) Funding for certain activities.--
    ``(A) In general.--The Program shall make funds
    available to institutions of higher education, research
    centers, and other appropriate institutions to ensure
    the continued operations and effectiveness of the
    regional CHP Technical Assistance Partnerships.
    ``(B) Use of funds.--Funds made available under
    subparagraph (A) may be used--
    ``(i) <>  to collect
    and distribute informational materials relevant to
    manufacturers, commercial buildings, institutional
    facilities, and Federal sites, including continued
    support of the mission goals of the Department of
    Defense, on CHP and microgrid technologies,
    including continuation and updating of--
    ``(I) the CHP installation database;
    ``(II) CHP technology potential
    analyses;
    ``(III) State CHP resource pages;
    and
    ``(IV) CHP Technical Assistance
    Partnerships websites;

    [[Page 2451]]

    ``(ii) to produce and conduct workshops,
    reports, seminars, internet programs, CHP
    resiliency resources, and other activities to
    provide education to end users, regulators, and
    stakeholders in a manner that leads to the
    deployment of CHP technologies;
    ``(iii) <>  to provide or
    coordinate onsite assessments for sites and
    enterprises that may consider deployment of CHP
    technology, including the potential use of biomass
    CHP systems;
    ``(iv) to identify candidates for deployment
    of CHP technologies, hybrid renewable-CHP
    technologies, biomass CHP, microgrids, and clean
    energy;
    ``(v) to provide nonbiased engineering support
    to sites considering deployment of CHP
    technologies;
    ``(vi) to assist organizations and
    communities, including rural communities,
    developing clean energy technologies and policies
    in overcoming barriers to deployment; and
    ``(vii) to assist companies, communities
    (including rural communities), and organizations
    with field validation and performance evaluations
    of CHP and other clean energy technologies
    implemented.
    ``(C) Duration.--The Program shall make funds
    available under subparagraph (A) for a period of 5
    years.

    ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $12,000,000 for each of fiscal
    years 2021 through 2025.''.
    (b) Conforming Amendment.--The table of contents of the Energy
    Policy and Conservation Act is amended by striking the item relating to
    section 375 and inserting the following:

    ``375. CHP Technical Assistance Partnership Program.''.

    SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.

    (a) Smart Energy and Water Efficiency Pilot Program.--Subtitle A of
    title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is
    amended by adding at the end the following:
    ``SEC. 918. <>  SMART ENERGY AND WATER
    EFFICIENCY PILOT PROGRAM.

    ``(a) Definitions.--In this section:
    ``(1) Eligible entity.--The term `eligible entity' means--
    ``(A) a utility;
    ``(B) a municipality;
    ``(C) a water district;
    ``(D) an Indian Tribe or Alaska Native village; and
    ``(E) any other authority that provides water,
    wastewater, or water reuse services.
    ``(2) Smart energy and water efficiency pilot program.--The
    term `smart energy and water efficiency pilot program' or `pilot
    program' means the pilot program established under subsection
    (b).

    ``(b) Smart Energy and Water Efficiency Pilot Program.--
    ``(1) In general.--The Secretary shall establish and carry
    out a smart energy and water efficiency pilot program in
    accordance with this section.
    ``(2) Purpose.--The purpose of the smart energy and water
    efficiency pilot program is to award grants to eligible entities

    [[Page 2452]]

    to demonstrate unique, advanced, or innovative technology-based
    solutions that will--
    ``(A) improve the net energy balance of water,
    wastewater, and water reuse systems;
    ``(B) improve the net energy balance of water,
    wastewater, and water reuse systems to help communities
    across the United States make measurable progress in
    conserving water, saving energy, and reducing costs;
    ``(C) support the implementation of innovative and
    unique processes and the installation of established
    advanced automated systems that provide real-time data
    on energy and water; and
    ``(D) improve energy-water conservation and quality
    and predictive maintenance through technologies that
    utilize internet connected technologies, including
    sensors, intelligent gateways, and security embedded in
    hardware.
    ``(3) Project selection.--
    ``(A) In general.--The Secretary shall make
    competitive, merit-reviewed grants under the pilot
    program to not less than 3, but not more than 5,
    eligible entities.
    ``(B) Selection criteria.--In selecting an eligible
    entity to receive a grant under the pilot program, the
    Secretary shall consider--
    ``(i) energy and cost savings;
    ``(ii) the uniqueness, commercial viability,
    and reliability of the technology to be used;
    ``(iii) the degree to which the project
    integrates next-generation sensors software,
    analytics, and management tools;
    ``(iv) the anticipated cost-effectiveness of
    the pilot project through measurable energy
    savings, water savings or reuse, and
    infrastructure costs averted;
    ``(v) whether the technology can be deployed
    in a variety of geographic regions and the degree
    to which the technology can be implemented in a
    wide range of applications ranging in scale from
    small towns to large cities, including Tribal
    communities;
    ``(vi) whether the technology has been
    successfully deployed elsewhere;
    ``(vii) whether the technology was sourced
    from a manufacturer based in the United States;
    and
    ``(viii) whether the project will be completed
    in 5 years or less.
    ``(C) Applications.--
    ``(i) <>  In general.--
    Subject to clause (ii), an eligible entity seeking
    a grant under the pilot program shall submit to
    the Secretary an application at such time, in such
    manner, and containing such information as the
    Secretary determines to be necessary.
    ``(ii) Contents.--An application under clause
    (i) shall, at a minimum, include--
    ``(I) a description of the project;
    ``(II) a description of the
    technology to be used in the project;
    ``(III) the anticipated results,
    including energy and water savings, of
    the project;
    ``(IV) a comprehensive budget for
    the project;

    [[Page 2453]]

    ``(V) the names of the project lead
    organization and any partners;
    ``(VI) the number of users to be
    served by the project;
    ``(VII) a description of the ways in
    which the proposal would meet
    performance measures established by the
    Secretary; and
    ``(VIII) <>
    any other information that the Secretary
    determines to be necessary to complete
    the review and selection of a grant
    recipient.
    ``(4) Administration.--
    ``(A) <>  In general.--Not later
    than 1 year after the date of enactment of this section,
    the Secretary shall select grant recipients under this
    section.
    ``(B) Evaluations.--
    ``(i) Annual evaluations.--The Secretary shall
    annually carry out an evaluation of each project
    for which a grant is provided under this section
    that meets performance measures and benchmarks
    developed by the Secretary, consistent with the
    purposes of this section.
    ``(ii) Requirements.--Consistent with the
    performance measures and benchmarks developed
    under clause (i), in carrying out an evaluation
    under that clause, the Secretary shall--
    ``(I) evaluate the progress and
    impact of the project; and
    ``(II) assess the degree to which
    the project is meeting the goals of the
    pilot program.
    ``(C) Technical and policy assistance.--On the
    request of a grant recipient, the Secretary shall
    provide technical and policy assistance.
    ``(D) <>  Best
    practices.--The Secretary shall make available to the
    public through the Internet and other means the
    Secretary considers to be appropriate--
    ``(i) <>  a copy of each
    evaluation carried out under subparagraph (B); and
    ``(ii) a description of any best practices
    identified by the Secretary as a result of those
    evaluations.
    ``(E) Report to congress.--The Secretary shall
    submit to Congress a report containing the results of
    each evaluation carried out under subparagraph (B).

    ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $15,000,000, to
    remain available until expended.''.
    (b) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by
    inserting after the item relating to section 917 the following:

    ``Sec. 918. Smart energy and water efficiency pilot program.''.

    TITLE II--NUCLEAR

    SEC. 2001. <>  ADVANCED NUCLEAR FUEL
    AVAILABILITY.

    (a) Program.--

    [[Page 2454]]

    (1) Establishment.--The Secretary shall establish and carry
    out, through the Office of Nuclear Energy, a program to support
    the availability of HA-LEU for civilian domestic research,
    development, demonstration, and commercial use.
    (2) Program elements.--In carrying out the program under
    paragraph (1), the Secretary--
    (A) <>  shall develop, in
    consultation with the Commission, criticality benchmark
    data to assist the Commission in--
    (i) the licensing and regulation of special
    nuclear material fuel fabrication and enrichment
    facilities under part 70 of title 10, Code of
    Federal Regulations; and
    (ii) certification of transportation packages
    under part 71 of title 10, Code of Federal
    Regulations;
    (B) <>  shall
    conduct research and development, and provide financial
    assistance to assist commercial entities, to design and
    license transportation packages for HA-LEU, including
    canisters for metal, gas, and other HA-LEU compositions;
    (C) <>  shall, to the extent
    practicable--
    (i) by January 1, 2024, support commercial
    entity submission of such transportation package
    designs to the Commission for certification by the
    Commission under part 71 of title 10, Code of
    Federal Regulations; and
    (ii) encourage the Commission to have such
    transportation package designs so certified by the
    Commission within 24 months after receipt of an
    application;
    (D) shall consider options for acquiring or
    providing HA-LEU from a stockpile of uranium owned by
    the Department, or using enrichment technology, to make
    available to members of the consortium established
    pursuant to subparagraph (F) for commercial use or
    demonstration projects, taking into account cost and
    amount of time required, and prioritizing methods that
    would produce usable HA-LEU the quickest, including
    options for acquiring or providing HA-LEU--
    (i) that--
    (I) directly meets the needs of an
    end user; and
    (II) has been previously used or
    fabricated for another purpose;
    (ii) that meets the needs of an end user after
    having radioactive or other contaminants that
    resulted from a previous use or fabrication of the
    fuel for research, development, demonstration, or
    deployment activities of the Department removed;
    (iii) that is produced from high-enriched
    uranium that is blended with lower assay uranium
    to become HA-LEU to meet the needs of an end user;
    (iv) that is produced by Department research,
    development, and demonstration activities;
    (v) that is produced in the United States by--
    (I) a United States-owned commercial
    entity operating United States-origin
    technology;

    [[Page 2455]]

    (II) a United States-owned
    commercial entity operating a foreign-
    origin technology; or
    (III) a foreign-owned entity
    operating a foreign-origin technology;
    (vi) that does not require extraction of
    uranium or development of uranium from lands
    managed by the Federal Government, cause harm to
    the natural or cultural resources of Tribal
    communities or sovereign Native Nations, or result
    in degraded ground or surface water quality on
    publicly managed or privately owned lands; or
    (vii) that does not negatively impact the
    availability of HA-LEU by the Department to
    support the production of medical isotopes,
    including the medical isotopes defined under the
    American Medical Isotopes Production Act of 2012
    (Public Law 112-239; 126 Stat. 2211);
    (E) <>  not
    later than 1 year after the date of enactment of this
    Act, and biennially thereafter, shall conduct a survey
    of stakeholders to estimate the quantity of HA-LEU
    necessary for domestic commercial use for each of the 5
    subsequent years;
    (F) <>  shall establish, and from
    time to time update, a consortium, which may include
    entities involved in any stage of the nuclear fuel
    cycle, to partner with the Department to support the
    availability of HA-LEU for civilian domestic
    demonstration and commercial use, including by--
    (i) providing information to the Secretary for
    purposes of surveys conducted under subparagraph
    (E);
    (ii) purchasing HA-LEU made available by the
    Secretary to members of the consortium for
    commercial use under the program; and
    (iii) carrying out demonstration projects
    using HA-LEU provided by the Secretary under the
    program;
    (G) <>  if applicable, shall,
    prior to acquiring or providing HA-LEU under
    subparagraph (H), in coordination with the consortium
    established pursuant to subparagraph (F), develop a
    schedule for cost recovery of HA-LEU made available to
    members of the consortium using HA-LEU for commercial
    use pursuant to subparagraph (H);
    (H) <>  shall, beginning not later
    than 3 years after the establishment of a consortium
    under subparagraph (F), have the capability to acquire
    or provide HA-LEU, in order to make such HA-LEU
    available to members of the consortium beginning not
    later than January 1, 2026, in amounts that are
    consistent, to the extent practicable, with--
    (i) the quantities estimated under the surveys
    conducted under subparagraph (E); plus
    (ii) the quantities necessary for
    demonstration projects carried out under the
    program, as determined by the Secretary;
    (I) shall, for advanced reactor demonstration
    projects, prioritize the provision of HA-LEU made
    available under this section through a merit-based,
    competitive selection process; and
    (J) shall seek to ensure that the activities carried
    out under this section do not cause any delay in the
    progress

    [[Page 2456]]

    of any HA-LEU project between private industry and the
    Department that is underway as of the date of the
    enactment of this section.
    (3) Applicability of usec privatization act.--
    (A) Sale or transfer to consortium.--The
    requirements of section 3112 of the USEC Privatization
    Act (42 U.S.C. 2297h-10), except for the requirements of
    subparagraph (A) of section 3112(d)(2), shall not apply
    to the provision of enrichment services, or the sale or
    transfer of HA-LEU for commercial use by the Secretary
    to a member of the consortium under this subsection.
    (B) Demonstration.--HA-LEU made available to members
    of the consortium established pursuant to paragraph
    (2)(F) for demonstration projects shall remain the
    property of and title will remain with the Department,
    which shall be responsible for the storage, use, and
    disposition of all radioactive waste and spent nuclear
    fuel created by the irradiation, processing, or
    purification of such uranium, and shall not be subject
    to the requirements of a sale or transfer of uranium
    under sections 3112, except for the requirements of
    subparagraph (A) of section 3112(d)(2), and 3113 of the
    USEC Privatization Act (42 U.S.C. 2297h-10; 42 U.S.C.
    2297h-11).
    (4) <>  National security
    needs.--The Secretary shall only make available to a member of
    the consortium under this section for commercial or
    demonstration project use material that the President has
    determined is not necessary for national security needs,
    provided that this available material shall not include any
    material that the Secretary may determine to be necessary for
    the National Nuclear Security Administration or other critical
    Departmental missions.
    (5) DOE acquisition of ha-leu.--The Secretary may not make
    commitments under this section (including cooperative agreements
    (used in accordance with section 6305 of title 31, United States
    Code), purchase agreements, guarantees, leases, service
    contracts, or any other type of commitment) for the purchase or
    other acquisition of HA-LEU unless--
    (A) funds are specifically provided for such
    purposes in advance in subsequent appropriations Acts,
    and only to the extent that the full extent of
    anticipated costs stemming from such commitments is
    recorded as an obligation up front and in full at the
    time it is made; or
    (B) such committing agreement includes a clause
    conditioning the Federal Government's obligation on the
    availability of future year appropriations.
    (6) Sunset.--The authority of the Secretary to carry out the
    program under this subsection shall expire on the earlier of--
    (A) September 30, 2034; or
    (B) 90 days after the date on which HA-LEU is
    available to provide a reliable and adequate supply for
    civilian domestic advanced nuclear reactors in the
    commercial market.
    (7) Limitation.--The Secretary shall not barter or otherwise
    sell or transfer uranium in any form in exchange for services
    relating to the final disposition of radioactive waste from
    uranium that is made available under this subsection.

    [[Page 2457]]

    (b) Reports to Congress.--
    (1) Commission report on necessary regulatory updates.--Not
    later than 12 months after the date of enactment of this Act,
    the Commission shall submit to Congress a report that includes--
    (A) identification of updates to regulations,
    certifications, and other regulatory policies that the
    Commission determines are necessary in order for HA-LEU
    to be commercially available, including--
    (i) guidance for material control and
    accountability of special nuclear material;
    (ii) certifications relating to transportation
    packaging for HA-LEU; and
    (iii) licensing of enrichment, conversion, and
    fuel fabrication facilities for HA-LEU, and
    associated physical security plans for such
    facilities;
    (B) a description of such updates; and
    (C) <>  a timeline to complete such
    updates.
    (2) DOE report on program to support the availability of ha-
    leu for civilian domestic demonstration and commercial use.--
    (A) In general.--Not later than 180 days after the
    date of enactment of this Act, the Secretary shall
    submit to Congress a report that describes actions
    proposed to be carried out by the Secretary under the
    program described in subsection (a)(1).
    (B) <>  Coordination and
    stakeholder input.--In developing the report under this
    paragraph, the Secretary shall consult with--
    (i) the Commission;
    (ii) suppliers of medical isotopes that have
    converted their operations to use HA-LEU;
    (iii) the National Laboratories;
    (iv) institutions of higher education;
    (v) a diverse group of entities from the
    nuclear energy industry;
    (vi) a diverse group of technology developers;
    (vii) experts in nuclear nonproliferation,
    environmental safety, safeguards and security, and
    public health and safety; and
    (viii) members of the consortium created under
    subsection (a)(2)(F).
    (C) Cost and schedule estimates.--The report under
    this paragraph shall include estimated costs, budgets,
    and timeframes for all activities carried out under this
    section.
    (D) Required evaluations.--The report under this
    paragraph shall evaluate--
    (i) the actions required to establish and
    carry out the program under subsection (a)(1) and
    the cost of such actions, including with respect
    to--
    (I) proposed preliminary terms for
    contracting between the Department and
    recipients of HA-LEU under the program
    (including guidelines defining the roles
    and responsibilities between the
    Department and the recipient); and
    (II) the potential to coordinate
    with recipients of HA-LEU under the
    program regarding--

    [[Page 2458]]

    (aa) fuel fabrication; and
    (bb) fuel transport;
    (ii) the potential sources and fuel forms
    available to provide uranium for the program under
    subsection (a)(1);
    (iii) options to coordinate the program under
    subsection (a)(1) with the operation of the
    versatile, reactor-based fast neutron source under
    section 959A of the Energy Policy Act of 2005 (as
    added by section 2003);
    (iv) the ability of uranium producers to
    provide materials for advanced nuclear reactor
    fuel;
    (v) any associated legal, regulatory, and
    policy issues that should be addressed to enable--
    (I) implementation of the program
    under subsection (a)(1); and
    (II) the establishment of an
    industry capable of providing HA-LEU;
    and
    (vi) any research and development plans to
    develop criticality benchmark data under
    subsection (a)(2)(A), if needed.
    (3) <>  Alternate fuels report.--Not
    later than 180 days after the date of enactment of this Act, the
    Secretary shall, after consulting with relevant entities,
    including National Laboratories, institutions of higher
    education, and technology developers, submit to Congress a
    report identifying any and all options for providing nuclear
    material, containing isotopes other than the uranium-235
    isotope, such as uranium-233 and thorium-232 to be used as fuel
    for advanced nuclear reactor research, development,
    demonstration, or commercial application purposes.

    (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out research, development, demonstration, and
    transportation activities in this section--
    (1) $31,500,000 for fiscal year 2021;
    (2) $33,075,000 for fiscal year 2022;
    (3) $34,728,750 for fiscal year 2023;
    (4) $36,465,188 for fiscal year 2024; and
    (5) $38,288,447 for fiscal year 2025.

    (d) Definitions.--In this section:
    (1) Commission.--The term ``Commission'' means the Nuclear
    Regulatory Commission.
    (2) Demonstration project.--The term ``demonstration
    project'' has the meaning given such term in section 959A of the
    Energy Policy Act of 2005.
    (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
    enriched uranium.
    (4) High-assay low-enriched uranium.--The term ``high-assay
    low-enriched uranium'' means uranium having an assay greater
    than 5.0 weight percent and less than 20.0 weight percent of the
    uranium-235 isotope.
    (5) High-enriched uranium.--The term ``high-enriched
    uranium'' means uranium with an assay of 20.0 weight percent or
    more of the uranium-235 isotope.
    (6) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.

    [[Page 2459]]

    SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT OF 2005.

    Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
    16271(b)(1)) is amended to read as follows:
    ``(1) <>  Advanced nuclear reactor.--The
    term `advanced nuclear reactor' means--
    ``(A) a nuclear fission reactor, including a
    prototype plant (as defined in sections 50.2 and 52.1 of
    title 10, Code of Federal Regulations (or successor
    regulations)), with significant improvements compared to
    reactors operating on the date of enactment of the
    Energy Act of 2020, including improvements such as--
    ``(i) additional inherent safety features;
    ``(ii) lower waste yields;
    ``(iii) improved fuel and material
    performance;
    ``(iv) increased tolerance to loss of fuel
    cooling;
    ``(v) enhanced reliability or improved
    resilience;
    ``(vi) increased proliferation resistance;
    ``(vii) increased thermal efficiency;
    ``(viii) reduced consumption of cooling water
    and other environmental impacts;
    ``(ix) the ability to integrate into electric
    applications and nonelectric applications;
    ``(x) modular sizes to allow for deployment
    that corresponds with the demand for electricity
    or process heat; and
    ``(xi) operational flexibility to respond to
    changes in demand for electricity or process heat
    and to complement integration with intermittent
    renewable energy or energy storage; and
    ``(B) a fusion reactor.''.
    SEC. 2003. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION,
    AND COMMERCIAL APPLICATION PROGRAMS.

    (a) Reactor Concepts Research, Development, and Demonstration.--
    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
    amended to read as follows:
    ``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, DEMONSTRATION,
    AND COMMERCIAL APPLICATION.

    ``(a) Sustainability Program for Light Water Reactors.--
    ``(1) In general.--The Secretary shall carry out a program
    of research, development, demonstration, and commercial
    application, including through the use of modeling and
    simulation, to support existing operating nuclear power plants
    which shall address technologies to modernize and improve, with
    respect to such plants--
    ``(A) reliability;
    ``(B) capacity;
    ``(C) component aging;
    ``(D) safety;
    ``(E) physical security and security costs;
    ``(F) plant lifetime;
    ``(G) operations and maintenance costs, including by
    utilizing risk-informed systems analysis;
    ``(H) the ability for plants to operate flexibly;

    [[Page 2460]]

    ``(I) nuclear integrated energy system applications
    described in subsection (c);
    ``(J) efficiency;
    ``(K) environmental impacts; and
    ``(L) resilience.
    ``(2) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the program
    under this subsection $55,000,000 for each of fiscal years 2021
    through 2025.
    ``(3) <>  Report.--The Secretary
    shall submit annually a public report to the Committee on
    Science, Space, and Technology of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate
    documenting funds spent under the program that describes program
    activities, objectives, and outcomes, including those that could
    benefit the entirety of the existing reactor fleet, such as with
    respect to aging management and related sustainability concerns,
    and identifying funds awarded to private entities.

    ``(b) Advanced Reactor Technologies.--
    ``(1) In general.--The Secretary shall carry out a program
    of research, development, demonstration, and commercial
    application to support advanced reactor technologies.
    ``(2) Requirements.--In carrying out the program under this
    subsection, the Secretary shall--
    ``(A) prioritize designs for advanced nuclear
    reactors that are proliferation resistant and passively
    safe, including designs that, compared to reactors
    operating on the date of enactment of the Energy Act of
    2020--
    ``(i) are economically competitive with other
    electric power generation plants;
    ``(ii) have higher efficiency, lower cost,
    less environmental impacts, increased resilience,
    and improved safety;
    ``(iii) use fuels that are proliferation
    resistant and have reduced production of high-
    level waste per unit of output; and
    ``(iv) use advanced instrumentation and
    monitoring systems;
    ``(B) <>  consult with the
    Nuclear Regulatory Commission on appropriate metrics to
    consider for the criteria specified in subparagraph (A);
    ``(C) support research and development to resolve
    materials challenges relating to extreme environments,
    including environments that contain high levels of--
    ``(i) radiation fluence;
    ``(ii) temperature;
    ``(iii) pressure; and
    ``(iv) corrosion;
    ``(D) support research and development to aid in the
    qualification of advanced fuels, including fabrication
    techniques;
    ``(E) support activities that address near-term
    challenges in modeling and simulation to enable
    accelerated design of and licensing of advanced nuclear
    reactors, including the identification of tools and
    methodologies for validating such modeling and
    simulation efforts;

    [[Page 2461]]

    ``(F) develop technologies, including technologies
    to manage, reduce, or reuse nuclear waste;
    ``(G) ensure that nuclear research infrastructure is
    maintained or constructed, including--
    ``(i) currently operational research reactors
    at the National Laboratories and institutions of
    higher education;
    ``(ii) hot cell research facilities;
    ``(iii) a versatile fast neutron source; and
    ``(iv) advanced coolant testing facilities,
    including coolants such as lead, sodium, gas, and
    molten salt;
    ``(H) improve scientific understanding of nonlight
    water coolant physics and chemistry;
    ``(I) develop advanced sensors and control systems,
    including the identification of tools and methodologies
    for validating such sensors and systems;
    ``(J) investigate advanced manufacturing and
    advanced construction techniques and materials to reduce
    the cost of advanced nuclear reactors, including the use
    of digital twins and of strategies to implement project
    and construction management best practices, and study
    the effects of radiation and corrosion on materials
    created with these techniques;
    ``(K) <>  consult with the
    Administrator of the National Nuclear Security
    Administration to integrate reactor safeguards and
    security into design;
    ``(L) support efforts to reduce any technical
    barriers that would prevent commercial application of
    advanced nuclear energy systems; and
    ``(M) <>  develop various safety
    analyses and emergency preparedness and response
    methodologies.
    ``(3) Coordination.--The Secretary shall coordinate with
    individuals engaged in the private sector and individuals who
    are experts in nuclear nonproliferation, environmental and
    public health and safety, and economics to advance the
    development of various designs of advanced nuclear
    reactors. <>  In carrying out this paragraph,
    the Secretary shall convene an advisory committee of such
    individuals and such committee shall submit annually a report to
    the relevant committees of Congress with respect to the progress
    of the program.
    ``(4) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the program
    under this subsection $55,000,000 for each of fiscal years 2021
    through 2025.

    ``(c) Nuclear Integrated Energy Systems Research, Development,
    Demonstration, and Commercial Application Program.--
    ``(1) In general.--The Secretary shall carry out a program
    of research, development, demonstration, and commercial
    application to develop nuclear integrated energy systems,
    composed of 2 or more co-located or jointly operated subsystems
    of energy generation, energy storage, or other technologies and
    in which not less than 1 such subsystem is a nuclear energy
    system, to--
    ``(A) reduce greenhouse gas emissions in both the
    power and nonpower sectors; and
    ``(B) maximize energy production and efficiency.

    [[Page 2462]]

    ``(2) Coordination.--In carrying out the program under
    paragraph (1), the Secretary shall coordinate with--
    ``(A) relevant program offices within the Department
    of Energy;
    ``(B) National Laboratories;
    ``(C) institutions of higher education; and
    ``(D) the private sector.
    ``(3) Focus areas.--The program under paragraph (1) may
    include research, development, demonstration, or commercial
    application of nuclear integrated energy systems with respect
    to--
    ``(A) desalination technologies and processes;
    ``(B) hydrogen or other liquid and gaseous fuel or
    chemical production;
    ``(C) heat for industrial processes;
    ``(D) district heating;
    ``(E) heat or electricity generation and storage;
    ``(F) carbon capture, use, utilization, and storage;
    ``(G) microgrid or island applications;
    ``(H) integrated systems modeling, analysis, and
    optimization, inclusive of different configurations of
    integrated energy systems; and
    ``(I) integrated design, planning, building, and
    operation of systems with existing infrastructure,
    including interconnection requirements with the electric
    grid, as appropriate.
    ``(4) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the program
    under this subsection--
    ``(A) $20,000,000 for fiscal year 2021;
    ``(B) $30,000,000 for fiscal year 2022;
    ``(C) $30,000,000 for fiscal year 2023;
    ``(D) $40,000,000 for fiscal year 2024; and
    ``(E) $40,000,000 for fiscal year 2025.''.

    (b) Fuel Cycle Research and Development.--Section 953 of the Energy
    Policy Act of 2005 (42 U.S.C. 16273) is amended to read as follows:
    ``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
    COMMERCIAL APPLICATION.

    ``(a) Used Nuclear Fuel Research, Development, Demonstration, and
    Commercial Application.--
    ``(1) In general.--The Secretary shall conduct an advanced
    fuel cycle research, development, demonstration, and commercial
    application program to improve fuel cycle performance, minimize
    environmental and public health and safety impacts, and support
    a variety of options for used nuclear fuel storage, use, and
    disposal, including advanced nuclear reactor and non-reactor
    concepts (such as radioisotope power systems), which may
    include--
    ``(A) dry cask storage;
    ``(B) consolidated interim storage;
    ``(C) deep geological storage and disposal,
    including mined repository, and other technologies;
    ``(D) used nuclear fuel transportation;
    ``(E) integrated waste management systems;
    ``(F) vitrification;

    [[Page 2463]]

    ``(G) fuel recycling and transmutation technologies,
    including advanced reprocessing technologies such as
    electrochemical and molten salt technologies, and
    advanced redox extraction technologies;
    ``(H) advanced materials to be used in subparagraphs
    (A) through (G); and
    ``(I) other areas as determined by the Secretary.
    ``(2) Requirements.--In carrying out the program under this
    subsection, the Secretary shall--
    ``(A) ensure all activities and designs incorporate
    state of the art safeguards technologies and techniques
    to reduce risk of proliferation;
    ``(B) <>  consult with the
    Administrator of the National Nuclear Security
    Administration to integrate safeguards and security by
    design;
    ``(C) consider the potential benefits and other
    impacts of those activities for civilian nuclear
    applications, environmental health and safety, and
    national security, including consideration of public
    consent; and
    ``(D) <>  consider the
    economic viability of all activities and designs.
    ``(3) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the program
    under this subsection $60,000,000 for each of fiscal years 2021
    through 2025.

    ``(b) Advanced Fuels.--
    ``(1) In general.--The Secretary shall conduct an advanced
    fuels research, development, demonstration, and commercial
    application program on next-generation light water reactor and
    advanced reactor fuels that demonstrate the potential for
    improved--
    ``(A) performance;
    ``(B) accident tolerance;
    ``(C) proliferation resistance;
    ``(D) use of resources;
    ``(E) environmental impact; and
    ``(F) economics.
    ``(2) <>  Requirements.--In carrying out
    the program under this subsection, the Secretary shall focus on
    the development of advanced technology fuels, including
    fabrication techniques, that offer improved accident-tolerance
    and economic performance with the goal of initial commercial
    application by December 31, 2025.
    ``(3) Report.--Not later than 180 days after the date of
    enactment of this section, the Secretary shall submit to the
    Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural
    Resources of the Senate a report that describes how the
    technologies and concepts studied under this program would
    impact reactor economics, the fuel cycle, operations, safety,
    proliferation, and the environment.
    ``(4) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the program
    under this subsection $125,000,000 for each of fiscal years 2021
    through 2025.''.

    (c) Nuclear Science and Engineering Support.--Section 954 of the
    Energy Policy Act of 2005 (42 U.S.C. 16274) is amended--

    [[Page 2464]]

    (1) in the section heading, by striking ``university
    nuclear'' and inserting ``nuclear'';
    (2) in subsection (b)--
    (A) in the matter preceding paragraph (1), by
    striking ``this section'' and inserting ``this
    subsection''; and
    (B) by redesignating paragraphs (1) through (5) as
    subparagraphs (A) through (E), respectively, and
    indenting appropriately;
    (3) in subsection (c), by redesignating paragraphs (1) and
    (2) as subparagraphs (A) and (B), respectively, and indenting
    appropriately;
    (4) in subsection (d)--
    (A) in the matter preceding paragraph (1), by
    striking ``this section'' and inserting ``this
    subsection''; and
    (B) by redesignating paragraphs (1) through (4) as
    subparagraphs (A) through (D), respectively, and
    indenting appropriately;
    (5) in subsection (e), by striking ``this section'' and
    inserting ``this subsection'';
    (6) in subsection (f)--
    (A) by striking ``this section'' and inserting
    ``this subsection''; and
    (B) by striking ``subsection (b)(2)'' and inserting
    ``paragraph (2)(B)'';
    (7) by redesignating subsections (a) through (d) as
    paragraphs (1) through (4), respectively, and indenting
    appropriately;
    (8) by redesignating subsections (e) and (f) as paragraphs
    (7) and (8), respectively;
    (9) by inserting after paragraph (4) (as so redesignated)
    the following:
    ``(5) Radiological facilities management.--
    ``(A) In general.--The Secretary shall carry out a
    program under which the Secretary shall provide project
    management, technical support, quality engineering and
    inspection, and nuclear material handling support to
    research reactors located at universities.
    ``(B) Authorization of appropriations.--Of any
    amounts appropriated to carry out the program under this
    subsection, there are authorized to be appropriated to
    the Secretary to carry out the program under this
    paragraph $20,000,000 for each of fiscal years 2021
    through 2025.
    ``(6) Nuclear energy university program.--In carrying out
    the programs under this section, the Department shall, to the
    maximum extent practicable, allocate 20 percent of funds
    appropriated to nuclear energy research and development programs
    annually to fund university-led research and university
    infrastructure projects through an open, competitive
    solicitation process.'';
    (10) by inserting before paragraph (1) (as so redesignated)
    the following:

    ``(a) University Nuclear Science and Engineering Support.--''; and
    (11) by adding at the end the following:

    ``(b) Nuclear Energy Graduate Traineeship Subprogram.--
    ``(1) <>  Establishment.--In carrying
    out the program under subsection (a), the Secretary shall
    establish a nuclear energy

    [[Page 2465]]

    graduate traineeship subprogram under which the Secretary shall
    competitively award graduate traineeships in coordination with
    universities to provide focused, advanced training to meet
    critical mission needs of the Department, including in
    industries that are represented by skilled labor unions.
    ``(2) Requirements.--In carrying out the subprogram under
    this subsection, the Secretary shall--
    ``(A) encourage appropriate partnerships among
    National Laboratories, affected universities, and
    industry; and
    ``(B) on an annual basis, evaluate the needs of the
    nuclear energy community to implement graduate
    traineeships for focused topical areas addressing
    mission-specific workforce needs.
    ``(3) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out the subprogram
    under this subsection $5,000,000 for each of fiscal years 2021
    through 2025.''.

    (d) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109- 58; 119 Stat. 600) is amended by
    striking the items relating to sections 952 through 954 and inserting
    the following:

    ``Sec. 952. Reactor concepts research, development, demonstration, and
    commercial application.
    ``Sec. 953. Fuel cycle research, development, demonstration, and
    commercial application.
    ``Sec. 954. Nuclear science and engineering support.''.

    (e) University Nuclear Leadership Program.--Section 313 of the
    Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is amended to read
    as follows:
    ``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

    ``(a) In General.--The Secretary of Energy, the Administrator of the
    National Nuclear Security Administration, and the Chairman of the
    Nuclear Regulatory Commission shall jointly establish a program, to be
    known as the `University Nuclear Leadership Program'.
    ``(b) Use of Funds.--
    ``(1) In general.--Except as provided in paragraph (2),
    amounts made available to carry out the Program shall be used to
    provide financial assistance for scholarships, fellowships, and
    research and development projects at institutions of higher
    education in areas relevant to the programmatic mission of the
    applicable Federal agency, with an emphasis on providing the
    financial assistance with respect to research, development,
    demonstration, and commercial application activities relevant to
    civilian advanced nuclear reactors including, but not limited
    to--
    ``(A) relevant fuel cycle technologies;
    ``(B) project management; and
    ``(C) advanced construction, manufacturing, and
    fabrication methods.
    ``(2) Exception.--Notwithstanding paragraph (1), amounts
    made available to carry out the Program may be used to provide
    financial assistance for a scholarship, fellowship, or multiyear
    research and development project that does not align directly
    with a programmatic mission of the Department of Energy,

    [[Page 2466]]

    if the activity for which assistance is provided would
    facilitate the maintenance of the discipline of nuclear science
    or engineering.

    ``(c) Definitions.--In this section:
    ``(1) Advanced nuclear reactor; institution of higher
    education.--The terms `advanced nuclear reactor' and
    `institution of higher education' have the meanings given those
    terms in section 951 of the Energy Policy Act of 2005 (42 U.S.C.
    16271).
    ``(2) Program.--The term `Program' means the University
    Nuclear Leadership Program established under this section.

    ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out the Program for each of fiscal years 2021
    through 2025--
    ``(1) $30,000,000 to the Secretary of Energy, of which
    $15,000,000 shall be for use by the Administrator of the
    National Nuclear Security Administration; and
    ``(2) $15,000,000 to the Nuclear Regulatory Commission.''.

    (f) Nuclear Energy Research Infrastructure.--Section 955 of the
    Energy Policy Act of 2005 (42 U.S.C. 16275) is amended--
    (1) in subsection (c), paragraph (1)--
    (A) in the paragraph heading, by striking ``Mission
    need'' and inserting ``Authorization''; and
    (B) in subparagraph (A), by striking ``determine the
    mission need'' and inserting ``provide'';
    (2) by adding at the end of subsection (c) the following:
    ``(7) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out to completion
    the construction of the facility under this section--
    ``(A) $295,000,000 for fiscal year 2021;
    ``(B) $348,000,000 for fiscal year 2022;
    ``(C) $525,000,000 for fiscal year 2023;
    ``(D) $534,000,000 for fiscal year 2024; and
    ``(E) $584,000,000 for fiscal year 2025.''.
    (3) in subsection (c) paragraph (4), by striking ``2025''
    and inserting ``2026''; and
    (4) by adding at the end the following:

    ``(d) Gateway for Accelerated Innovation in Nuclear.--
    ``(1) In general.--In carrying out the programs under this
    subtitle, the Secretary is authorized to establish a new
    initiative to be known as the Gateway for Accelerated Innovation
    in Nuclear (GAIN). The initiative shall, to the maximum extent
    practicable and consistent with national security, provide the
    nuclear energy industry with access to cutting edge research and
    development along with the technical, regulatory, and financial
    support necessary to move innovative nuclear energy technologies
    toward commercialization in an accelerated and cost-effective
    fashion. The Secretary shall make available, as a minimum--
    ``(A) experimental capabilities and testing
    facilities;
    ``(B) computational capabilities, modeling, and
    simulation tools;
    ``(C) access to existing datasets and data
    validation tools; and
    ``(D) technical assistance with guidance or
    processes as needed.

    [[Page 2467]]

    ``(2) Selection.--
    ``(A) In general.--The Secretary shall select
    industry partners for awards on a competitive merit-
    reviewed basis.
    ``(B) Considerations.--In selecting industry
    partners under subparagraph (A), the Secretary shall
    consider--
    ``(i) the information disclosed by the
    Department as described in paragraph (1); and
    ``(ii) any existing facilities the Department
    will provide for public private partnership
    activities.''.

    (g) Advanced Reactor Demonstration Program.--
    (1) In general.--Subtitle E of title IX of the Energy Policy
    Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at
    the end the following:
    ``SEC. 959A. <>  ADVANCED REACTOR
    DEMONSTRATION PROGRAM.

    ``(a) Demonstration Project Defined.--For the purposes of this
    section, the term `demonstration project' means an advanced nuclear
    reactor operated in any manner, including as part of the power
    generation facilities of an electric utility system, for the purpose of
    demonstrating the suitability for commercial application of the advanced
    nuclear reactor.
    ``(b) Establishment.--The Secretary shall establish a program to
    advance the research, development, demonstration, and commercial
    application of domestic advanced, affordable, nuclear energy
    technologies by--
    ``(1) demonstrating a variety of advanced nuclear reactor
    technologies, including those that could be used to produce--
    ``(A) safer, emissions-free power at a competitive
    cost of electricity compared to other new energy
    generation technologies on the date of enactment of the
    Energy Act of 2020;
    ``(B) heat for community heating, industrial
    purposes, heat storage, or synthetic fuel production;
    ``(C) remote or off-grid energy supply; or
    ``(D) backup or mission-critical power supplies;
    ``(2) identifying research areas that the private sector is
    unable or unwilling to undertake due to the cost of, or risks
    associated with, the research; and
    ``(3) facilitating the access of the private sector--
    ``(A) to Federal research facilities and personnel;
    and
    ``(B) to the results of research relating to civil
    nuclear technology funded by the Federal Government.

    ``(c) Demonstration Projects.--In carrying out demonstration
    projects under the program established in subsection (b), the Secretary
    shall--
    ``(1) <>  include, as an evaluation
    criterion, diversity in designs for the advanced nuclear
    reactors demonstrated under this section, including designs
    using various--
    ``(A) primary coolants;
    ``(B) fuel types and compositions; and
    ``(C) neutron spectra;
    ``(2) consider, as evaluation criterions--
    ``(A) the likelihood that the operating cost for
    future commercial units for each design implemented
    through a demonstration project under this subsection is
    cost-competitive in the applicable market, including
    those designs

    [[Page 2468]]

    configured as integrated energy systems as described in
    section 952(c);
    ``(B) the technology readiness level of a proposed
    advanced nuclear reactor technology;
    ``(C) the technical abilities and qualifications of
    teams desiring to demonstrate a proposed advanced
    nuclear reactor technology; and
    ``(D) the capacity to meet cost-share requirements
    of the Department;
    ``(3) ensure that each evaluation of candidate technologies
    for the demonstration projects is completed through an external
    review of proposed designs, which review shall--
    ``(A) be conducted by a panel that includes not
    fewer than 1 representative that does not have a
    conflict of interest of each within the applicable
    market of the design of--
    ``(i) an electric utility;
    ``(ii) an entity that uses high-temperature
    process heat for manufacturing or industrial
    processing, such as a petrochemical or synthetic
    fuel company, a manufacturer of metals or
    chemicals, or a manufacturer of concrete;
    ``(iii) an expert from the investment
    community;
    ``(iv) a project management practitioner; and
    ``(v) an environmental health and safety
    expert; and
    ``(B) <>  include a review of each
    demonstration project under this subsection which shall
    include consideration of cost-competitiveness and other
    value streams, together with the technology readiness
    level, the technical abilities and qualifications of
    teams desiring to demonstrate a proposed advanced
    nuclear reactor technology, the capacity to meet cost-
    share requirements of the Department, if Federal funding
    is provided, and environmental impacts;
    ``(4) for federally funded demonstration projects, enter
    into cost-sharing agreements with private sector partners in
    accordance with section 988 for the conduct of activities
    relating to the research, development, and demonstration of
    advanced nuclear reactor designs under the program;
    ``(5) <>  consult with--
    ``(A) National Laboratories;
    ``(B) institutions of higher education;
    ``(C) traditional end users (such as electric
    utilities);
    ``(D) potential end users of new technologies (such
    as users of high-temperature process heat for
    manufacturing processing, including petrochemical or
    synthetic fuel companies, manufacturers of metals or
    chemicals, or manufacturers of concrete);
    ``(E) developers of advanced nuclear reactor
    technology;
    ``(F) environmental and public health and safety
    experts; and
    ``(G) non-proliferation experts;
    ``(6) seek to ensure that the demonstration projects carried
    out under this section do not cause any delay in the progress of
    an advanced reactor project by private industry and the
    Department of Energy that is underway as of the date of
    enactment of this section;

    [[Page 2469]]

    ``(7) establish a streamlined approval process for expedited
    contracting between awardees and the Department;
    ``(8) identify technical challenges to candidate
    technologies;
    ``(9) support near-term research and development to address
    the highest risk technical challenges to the successful
    demonstration of a selected advanced reactor technology, in
    accordance with--
    ``(A) paragraph (8);
    ``(B) the research and development activities under
    section 952(b); and
    ``(C) the research and development activities under
    section 958; and
    ``(10) <>  establish
    such technology advisory working groups as the Secretary
    determines to be appropriate to advise the Secretary regarding
    the technical challenges identified under paragraph (8) and the
    scope of research and development programs to address the
    challenges, in accordance with paragraph (9), to be comprised
    of--
    ``(A) private sector advanced nuclear reactor
    technology developers;
    ``(B) technical experts with respect to the relevant
    technologies at institutions of higher education;
    ``(C) technical experts at the National
    Laboratories;
    ``(D) environmental and public health and safety
    experts;
    ``(E) non-proliferation experts; and
    ``(F) any other entities the Secretary determines
    appropriate.

    ``(d) Milestone-based Demonstration Projects.--The Secretary may
    carry out demonstration projects under subsection (c) as a milestone-
    based demonstration project under section 9005 of the Energy Act of
    2020.
    ``(e) Nonduplication.--Entities may not receive funds under this
    program if receiving funds from another reactor demonstration program at
    the Department in the same fiscal year.
    ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the program under this
    subsection--
    ``(1) $405,000,000 for fiscal year 2021;
    ``(2) $405,000,000 for fiscal year 2022;
    ``(3) $420,000,000 for fiscal year 2023;
    ``(4) $455,000,000 for fiscal year 2024; and
    ``(5) $455,000,000 for fiscal year 2025.''.
    (2) Table of contents.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is
    amended--
    (A) in the items relating to sections 957, 958, and
    959, by inserting ``Sec.'' before ``95'' each place it
    appears; and
    (B) by inserting after the item relating to section
    959 the following:

    ``Sec. 959A. Advanced reactor demonstration program.''.

    (h) International Nuclear Energy Cooperation.--
    (1) In general.--Subtitle E of title IX of the Energy Policy
    Act of 2005 (42 U.S.C. 16271 et seq.), as amended by subsection
    (g), is further amended by adding at the end the following:

    [[Page 2470]]

    ``SEC. 959B. <>  INTERNATIONAL NUCLEAR
    ENERGY COOPERATION.

    ``The Secretary shall carry out a program--
    ``(1) to collaborate in international efforts with respect
    to research, development, demonstration, and commercial
    application of nuclear technology that supports diplomatic,
    financing, nonproliferation, climate, and international economic
    objectives for the safe, secure, and peaceful use of such
    technology; and
    ``(2) to develop collaboration initiatives with respect to
    such efforts with a variety of countries through--
    ``(A) preparations for research and development
    agreements;
    ``(B) the development of coordinated action plans;
    and
    ``(C) new or existing multilateral cooperation
    commitments including--
    ``(i) the International Framework for Nuclear
    Energy Cooperation;
    ``(ii) the Generation IV International Forum;
    ``(iii) the International Atomic Energy
    Agency;
    ``(iv) the Organization for Economic Co-
    operation and Development Nuclear Energy Agency;
    and
    ``(v) any other international collaborative
    effort with respect to advanced nuclear reactor
    operations and safety.''.
    (2) Table of contents.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as
    amended by subsection (g), is further amended by inserting after
    the item relating to section 959A the following:

    ``Sec. 959B. International nuclear energy cooperation.''.

    SEC. 2004. HIGH-PERFORMANCE COMPUTATION COLLABORATIVE RESEARCH
    PROGRAM.

    Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
    amended by adding at the end the following:
    ``(d) <>  Duplication.--The Secretary shall
    ensure the coordination of, and avoid unnecessary duplication of, the
    activities of the program under subsection (a) with the activities of--
    ``(1) other research entities of the Department, including
    the National Laboratories, the Advanced Research Projects
    Agency-Energy, and the Advanced Scientific Computing Research
    program; and
    ``(2) industry.''.
    SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.

    Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 16279) is
    amended--
    (1) by amending subsection (b) to read as follows:

    ``(b) <>  Budget Plan Alternative 1.--One of the
    budget plans submitted under subsection (a) shall assume constant annual
    funding for 10 years at the appropriated level for the current fiscal
    year for the civilian nuclear energy research and development of the
    Department.'';
    (2) in subsection (d)(2) by striking ``; and'' and inserting
    ``;'';
    (3) in subsection (d)(3) by striking the period at the end
    and inserting ``; and''
    (4) by inserting at the end of subsection (d) the following:

    [[Page 2471]]

    ``(4) a description of the progress made under the programs
    described in section 959A.''; and
    (5) by inserting after subsection (d) the following:

    ``(e) <>  Updates.--Not less frequently than once
    every 2 years, the Secretary shall submit to the Committee on Science,
    Space, and Technology of the House of Representatives and the Committee
    on Energy and Natural Resources of the Senate updated 10-year budget
    plans which shall identify, and provide a justification for, any major
    deviation from a previous budget plan submitted under this section.''.
    SEC. 2006. <>  ORGANIZATION AND
    ADMINISTRATION OF PROGRAMS.

    (a) In General.--Subtitle E of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16271 et seq.), as amended by this Act, is further
    amended by adding at the end of the following:
    ``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

    ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage crosscutting
    research priorities across programs of the Department and other relevant
    Federal agencies, including the National Laboratories.
    ``(b) Collaboration.--
    ``(1) In general.--In carrying out this subtitle, the
    Secretary shall collaborate with industry, National
    Laboratories, other relevant Federal agencies, institutions of
    higher education, including minority-serving institutions and
    research reactors, Tribal entities, including Alaska Native
    Corporations, and international bodies with relevant scientific
    and technical expertise.
    ``(2) Participation.--To the extent practicable, the
    Secretary shall encourage research projects that promote
    collaboration between entities specified in paragraph (1).

    ``(c) Dissemination of Results and Public Availability.--The
    Secretary <> shall, except to the extent protected
    from disclosure under section 552(b) of title 5, United States Code,
    publish the results of projects supported under this subtitle through
    Department websites, reports, databases, training materials, and
    industry conferences, including information discovered after the
    completion of such projects.

    ``(d) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of nuclear energy.
    ``(e) Technical Assistance.--In carrying out this subtitle, for the
    purposes of supporting technical, nonhardware, and information-based
    advances in nuclear energy development and operations, the Secretary
    shall also conduct technical assistance and analysis activities,
    including activities that support commercial application of nuclear
    energy in rural, Tribal, and low-income communities.
    ``(f) Program Review.--At least annually, all programs in this
    subtitle shall be subject to an annual review by the Nuclear Energy
    Advisory Committee of the Department or other independent entity, as
    appropriate.
    ``(g) Sensitive Information.--The Secretary shall not publish any
    information generated under this subtitle that is detrimental to
    national security, as determined by the Secretary.''.
    (b) Table of Contents.--The table of contents of the Energy Policy
    Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended

    [[Page 2472]]

    by this Act, is further amended by inserting after the item relating to
    section 959B the following:

    ``Sec. 959C. Organization and administration of programs.''.

    SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION
    OF URANIUM FROM RUSSIAN FEDERATION.

    (a) In General.--Section 3112A of the USEC Privatization Act (42
    U.S.C. 2297h-10a) is amended--
    (1) in subsection (a)--
    (A) by redesignating paragraph (7) as paragraph (8);
    and
    (B) by inserting after paragraph (6) the following:
    ``(7) <>  Suspension agreement.--The term
    `Suspension Agreement' has the meaning given that term in
    section 3102(13).'';
    (2) in subsection (b)--
    (A) by striking ``United States to support'' and
    inserting the following: ``United States--
    ``(1) to support'';
    (B) by striking the period at the end and inserting
    a semicolon; and
    (C) by adding at the end the following:
    ``(2) to reduce reliance on uranium imports in order to
    protect essential national security interests;
    ``(3) to revive and strengthen the supply chain for nuclear
    fuel produced and used in the United States; and
    ``(4) to expand production of nuclear fuel in the United
    States.''; and
    (3) in subsection (c)--
    (A) in paragraph (2)--
    (i) in subparagraph (A)--
    (I) in clause (vi), by striking ``;
    and'' and inserting a semicolon;
    (II) in clause (vii), by striking
    the period at the end and inserting a
    semicolon; and
    (III) by adding at the end the
    following:
    ``(viii) in calendar year 2021, 596,682
    kilograms;
    ``(ix) in calendar year 2022, 489,617
    kilograms;
    ``(x) in calendar year 2023, 578,877
    kilograms;
    ``(xi) in calendar year 2024, 476,536
    kilograms;
    ``(xii) in calendar year 2025, 470,376
    kilograms;
    ``(xiii) in calendar year 2026, 464,183
    kilograms;
    ``(xiv) in calendar year 2027, 459,083
    kilograms;
    ``(xv) in calendar year 2028, 344,312
    kilograms;
    ``(xvi) in calendar year 2029, 340,114
    kilograms;
    ``(xvii) in calendar year 2030, 332,141
    kilograms;
    ``(xviii) in calendar year 2031, 328,862
    kilograms;
    ``(xix) in calendar year 2032, 322,255
    kilograms;
    ``(xx) in calendar year 2033, 317,536
    kilograms;
    ``(xxi) in calendar year 2034, 298,088
    kilograms;
    ``(xxii) in calendar year 2035, 294,511
    kilograms;
    ``(xxiii) in calendar year 2036, 286,066
    kilograms;
    ``(xxiv) in calendar year 2037, 281,272
    kilograms;
    ``(xxv) in calendar year 2038, 277,124
    kilograms;
    ``(xxvi) in calendar year 2039, 277,124
    kilograms; and

    [[Page 2473]]

    ``(xxvii) in calendar year 2040, 267,685
    kilograms.'';
    (ii) by redesignating subparagraph (B) as
    subparagraph (C); and
    (iii) by inserting after subparagraph (A) the
    following:
    ``(B) Administration.--
    ``(i) In general.--The Secretary of Commerce
    shall administer the import limitations described
    in subparagraph (A) in accordance with the
    provisions of the Suspension Agreement,
    including--
    ``(I) the limitations on sales of
    enriched uranium product and separative
    work units plus conversion, in amounts
    determined in accordance with Section
    IV.B.1 of the Suspension Agreement (as
    amended by the amendment published in
    the Federal Register on October 9, 2020
    (85 Fed. Reg. 64112));
    ``(II) the export limit allocations
    set forth in Appendix 5 of the
    Suspension Agreement (as so amended);
    ``(III) the requirements for natural
    uranium returned feed associated with
    imports of low-enriched uranium,
    including pursuant to sales of
    enrichment, with or without conversion,
    from the Russian Federation, as set
    forth in Section IV.B.1 of the
    Suspension Agreement (as so amended);
    ``(IV) any other provisions of the
    Suspension Agreement (as so amended);
    and
    ``(V) any related administrative
    guidance issued by the Department of
    Commerce.
    ``(ii) Effect of termination of suspension
    agreement.--Clause (i) shall remain in effect if
    the Suspension Agreement is terminated.'';
    (B) in paragraph (3)--
    (i) in subparagraph (A), by striking the
    semicolon and inserting ``; or'';
    (ii) in subparagraph (B), by striking ``; or''
    and inserting a period; and
    (iii) by striking subparagraph (C);
    (C) in paragraph (5)--
    (i) in subparagraph (A), by striking
    ``reference data'' and all that follows through
    ``2019'' and inserting the following: ``lower
    scenario data in the report of the World Nuclear
    Association entitled `The Nuclear Fuel Report:
    Global Scenarios for Demand and Supply
    Availability 2019-2040'. In each of calendar years
    2023, 2029, and 2035''; and
    (ii) by redesignating subparagraphs (B) and
    (C) as subparagraphs (C) and (D), respectively;
    (iii) by inserting after subparagraph (A) the
    following:
    ``(B) <>  Report required.--Not
    later than one year after the date of the enactment of
    the Energy Act of 2020, and every 3 years thereafter,
    the Secretary shall submit to Congress a report that
    includes--

    [[Page 2474]]

    ``(i) <>  a
    recommendation on the use of all publicly
    available data to ensure accurate forecasting by
    scenario data to comport to actual demand for low-
    enriched uranium for nuclear reactors in the
    United States; and
    ``(ii) an identification of the steps to be
    taken to adjust the import limitations described
    in paragraph (2)(A) based on the most accurate
    scenario data.''; and
    (iv) in subparagraph (D), as redesignated by
    clause (ii), by striking ``subparagraph (B)'' and
    inserting ``subparagraph (C)'';
    (D) in paragraph (9), by striking ``2020'' and
    inserting ``2040'';
    (E) in paragraph (12)(B), by inserting ``or the
    Suspension Agreement'' after ``the Russian HEU
    Agreement''; and
    (F) by striking ``(2)(B)'' each place it appears and
    inserting ``(2)(C)''.

    (b) <>
    Applicability.--The amendments made by subsection (a) apply with respect
    to uranium imported from the Russian Federation on or after January 1,
    2021.
    SEC. 2008. FUSION ENERGY RESEARCH.

    (a) Program.--Section 307 of the Department of Energy Research and
    Innovation Act (42 U.S.C. 18645) is amended--
    (1) <>  by redesignating subsections (a)
    through (g) as subsections (b) through (h), respectively;
    (2) by inserting before subsection (b), as so redesignated,
    the following:

    ``(a) Program.--As part of the activities authorized under section
    209 of the Department of Energy Organization Act (42 U.S.C. 7139) and
    section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312), the
    Director shall carry out a fusion energy sciences research and enabling
    technology development program to effectively address the scientific and
    engineering challenges to building a cost competitive fusion power plant
    and to support the development of a competitive fusion power industry in
    the United States. As part of this program, the Director shall carry out
    research activities to expand the fundamental understandings of plasma
    and matter at very high temperatures and densities for fusion
    applications and for other engineering and plasma science
    applications.'';
    (3) by amending subsection (d) to read as follows:

    ``(d) Inertial Fusion Research and Development.--
    ``(1) In general.--The Director shall carry out a program of
    research and technology development in inertial fusion for
    energy applications, including ion beam, laser, and pulsed power
    fusion systems.
    ``(2) Activities.--As part of the program described in
    paragraph (1), the Director shall support activities at and
    partnerships with universities and the National Laboratories
    to--
    ``(A) develop novel target designs;
    ``(B) support modeling of various inertial fusion
    energy concepts and systems;
    ``(C) develop diagnostic tools; and
    ``(D) improve inertial fusion energy driver
    technologies.
    ``(3) Authorization of appropriations.--Out of funds
    authorized to be appropriated under subsection (o), there are

    [[Page 2475]]

    authorized to be appropriated to the Secretary to carry out the
    activities described in subsection (d) $25,000,000 for each of
    fiscal years 2021 through 2025.'';
    (4) by amending subsection (e) to read as follows:

    ``(e) Alternative and Enabling Concepts.--
    ``(1) In general.--The Director shall support research and
    development activities and facility operations at institutions
    of higher education, National Laboratories, and private
    facilities in the United States for a portfolio of alternative
    and enabling fusion energy concepts that may provide solutions
    to significant challenges to the establishment of a commercial
    magnetic fusion power plant, prioritized based on the ability of
    the United States to play a leadership role in the international
    fusion research community.
    ``(2) Activities.--Fusion energy concepts and activities
    explored under paragraph (1) may include--
    ``(A) alternative fusion energy concepts,
    including--
    ``(i) advanced stellarator concepts;
    ``(ii) non-tokamak confinement configurations
    operating at low magnetic fields;
    ``(iii) magnetized target fusion energy
    concepts; or
    ``(iv) other promising fusion energy concepts
    identified by the Director;
    ``(B) enabling fusion technology development
    activities, including--
    ``(i) high magnetic field approaches
    facilitated by high temperature superconductors;
    ``(ii) liquid metals to address issues
    associated with fusion plasma interactions with
    the inner wall of the encasing device; and
    ``(iii) advanced blankets for heat management
    and fuel breeding; and
    ``(C) advanced scientific computing activities.
    ``(3) Innovation network for fusion energy.--
    ``(A) In general.--The Secretary, acting through the
    Office of Science, shall support a program to provide
    fusion energy researchers with access to scientific and
    technical resources and expertise at facilities
    supported by the Department, including such facilities
    at National Laboratories and universities, to advance
    innovative fusion energy technologies toward commercial
    application.
    ``(B) Awards.--Financial assistance under the
    program established in subsection (a)--
    ``(i) shall be awarded on a competitive,
    merit-reviewed basis; and
    ``(ii) may be in the form of grants, vouchers,
    equipment loans, or contracts to private entities.
    ``(4) Authorization of appropriations.--Out of funds
    authorized to be appropriated under subsection (o), there are
    authorized to be appropriated to the Secretary to carry out the
    activities described in subsection (e) $50,000,000 for each of
    fiscal years 2021 through 2025.''; and
    (5) by adding at the end the following:

    ``(i) Milestone-based Development Program.--
    ``(1) <>  In general.--Using the authority
    of the Secretary under section 646(g) of the Department of
    Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding
    paragraph (10) of such

    [[Page 2476]]

    section, the Secretary shall establish, not later than 6 months
    after the date of enactment of this section, a milestone-based
    fusion energy development program that requires projects to meet
    particular technical milestones before a participant is awarded
    funds by the Department.
    ``(2) <>  Purpose.--The purpose of the
    program established by paragraph (1) shall be to support the
    development of a U.S.-based fusion power industry through the
    research and development of technologies that will enable the
    construction of new full-scale fusion systems capable of
    demonstrating significant improvements in the performance of
    such systems, as defined by the Secretary, within 10 years of
    the enactment of this section.
    ``(3) Eligibility.--Any entity is eligible to participate in
    the program provided that the Secretary has deemed it as having
    the necessary resources and expertise.
    ``(4) Requirements.--In carrying out the milestone-based
    program under paragraph (1), the Secretary shall, for each
    relevant project--
    ``(A) <>  request proposals
    from eligible entities, as determined by the Secretary,
    that include proposed technical milestones, including
    estimated project timelines and total costs;
    ``(B) set milestones based on a rigorous technical
    review process;
    ``(C) award funding of a predetermined amount to
    projects that successfully meet proposed milestones
    under paragraph (1), or for expenses deemed reimbursable
    by the Secretary, in accordance with terms negotiated
    for an individual award; and
    ``(D) communicate regularly with selected eligible
    entities and, if the Secretary deems appropriate,
    exercise small amounts of flexibility for technical
    milestones as projects mature.
    ``(5) Awards.--For the program established under paragraph
    (1)--
    ``(A) an award recipient shall be responsible for
    all costs until milestones are achieved, or reimbursable
    expenses are reviewed and verified by the Department;
    ``(B) should an awardee not meet the milestones
    described in paragraph (4), the Secretary may end the
    partnership with an award recipient and use the
    remaining funds in the ended agreement for new or
    existing projects carried out under this section; and
    ``(C) consistent with the existing authorities of
    the Department, the Secretary may end the partnership
    with an award recipient for cause during the performance
    period.
    ``(6) <>  Applications.--Any project
    proposal submitted to the program under paragraph (1) shall be
    evaluated based upon its scientific, technical, and business
    merits through a peer-review process, which shall include
    reviewers with appropriate expertise from the private sector,
    the investment community, and experts in the science and
    engineering of fusion and plasma physics.
    ``(7) <>  Project management.--In
    carrying out projects under this program and assessing the
    completion of their milestones in accordance with paragraph (4),
    the Secretary shall consult

    [[Page 2477]]

    with experts that represent diverse perspectives and
    professional experiences, including those from the private
    sector, to ensure a complete and thorough review.
    ``(8) <>
    Programmatic review.--Not later than 4 years after the Secretary
    has established 3 milestones under this program, the Secretary
    shall enter into a contractual arrangement with the National
    Academy of Sciences to review and provide a report describing
    the findings of this review to the House Committee on Science,
    Space, and Technology and the Senate Committee on Energy and
    Natural Resources on the program established under this
    paragraph (1) that assesses--
    ``(A) the benefits and drawbacks of a milestone-
    based fusion program as compared to traditional program
    structure funding models at the Department;
    ``(B) lessons-learned from program operations; and
    ``(C) any other matters the Secretary determines
    regarding the program.
    ``(9) Annual report.--As part of the annual budget request
    submitted for each fiscal year, the Secretary shall provide the
    House Committee on Science, Space, and Technology and the Senate
    Committee on Energy and Natural Resources a report describing
    partnerships supported by the program established under
    paragraph (1) during the previous fiscal year.
    ``(10) Authorization of appropriations.--Out of funds
    authorized to be appropriated under subsection (o), there are
    authorized to be appropriated to the Secretary to carry out the
    activities described in subsection (i), to remain available
    until expended--
    ``(A) $45,000,000 for fiscal year 2021;
    ``(B) $65,000,000 for fiscal year 2022;
    ``(C) $105,000,000 for fiscal year 2023;
    ``(D) $65,000,000 for fiscal year 2024; and
    ``(E) $45,000,000 for fiscal year 2025.

    ``(j) Fusion Reactor System Design.--The Director shall support
    research and development activities to design future fusion reactor
    systems and examine and address the technical drivers for the cost of
    these systems.
    ``(k) General Plasma Science and Applications.--The Director shall
    support research in general plasma science and high energy density
    physics that advance the understanding of the scientific community of
    fundamental properties and complex behavior of matter to control and
    manipulate plasmas for a broad range of applications, including support
    for research relevant to advancements in chip manufacturing and
    microelectronics.
    ``(l) Sense of Congress.--It is the sense of Congress that the
    United States should support a robust, diverse program in addition to
    providing sufficient support to, at a minimum, meet its commitments to
    ITER and maintain the schedule of the project as determined by the
    Secretary in coordination with the ITER Organization at the time of the
    enactment of this section. It is further the sense of Congress that
    developing the scientific basis for fusion, providing research results
    key to the success of ITER, and training the next generation of fusion
    scientists are of critical importance to the United States and should in
    no way be diminished by participation of the United States in the ITER
    project.
    ``(m) <>  International Collaboration.--The
    Director shall--

    [[Page 2478]]

    ``(1) as practicable and in coordination with other
    appropriate Federal agencies as necessary, ensure the access of
    United States researchers to the most advanced fusion research
    facilities and research capabilities in the world, including
    ITER;
    ``(2) to the maximum extent practicable, continue to
    leverage United States participation ITER, and prioritize
    expanding international partnerships and investments in current
    and future fusion research facilities within the United States;
    and
    ``(3) to the maximum extent practicable, prioritize
    engagement in collaborative efforts in support of future
    international facilities that would provide access to the most
    advanced fusion research facilities in the world to United
    States researchers.

    ``(n) Fission and Fusion Research Coordination Report.--
    ``(1) In general.--Not later than 6 months after the date of
    enactment of this section, the Secretary shall transmit to
    Congress a report addressing opportunities for coordinating
    fusion energy research and development activities between the
    Office of Nuclear Energy, the Office of Science, and the
    Advanced Research Projects Agency--Energy.
    ``(2) <>  Components.--The report shall
    assess opportunities for collaboration on research and
    development of--
    ``(A) liquid metals to address issues associated
    with fusion plasma interactions with the inner wall of
    the encasing device and other components within the
    reactor;
    ``(B) immersion blankets for heat management and
    fuel breeding;
    ``(C) technologies and methods for instrumentation
    and control;
    ``(D) computational methods and codes for system
    operation and maintenance;
    ``(E) codes and standard development;
    ``(F) radioactive waste handling;
    ``(G) radiological safety;
    ``(H) potential for non-electricity generation
    applications; and
    ``(I) any other overlapping priority as identified
    by the Director of the Office of Science or the
    Assistant Secretary of Energy for Nuclear Energy.

    ``(o) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the activities described in
    this section--
    ``(1) $996,000,000 for fiscal year 2021;
    ``(2) $921,000,000 for fiscal year 2022;
    ``(3) $961,000,000 for fiscal year 2023;
    ``(4) $921,000,000 for fiscal year 2024; and
    ``(5) $901,000,000 for fiscal year 2025.''.

    (b) ITER.--Section 972(c) of the Energy Policy Act of 2005 (42
    U.S.C. 16312) is amended to read as follows:
    ``(c) United States Participation in ITER.--
    ``(1) In general.--There is authorized United States
    participation in the construction and operations of the ITER
    project, as agreed to under the April 25, 2007 `Agreement on the
    Establishment of the ITER International Fusion Energy
    Organization for the Joint Implementation of the ITER Project'.
    The Director <>  shall coordinate and carry
    out the responsibilities of the United States with respect to
    this Agreement.

    [[Page 2479]]

    ``(2) Report.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall submit to
    Congress a report providing an assessment of the most recent
    schedule for ITER that has been approved by the ITER Council.
    ``(3) Authorization of appropriations.--Out of funds
    authorized to be appropriated under section 307(o) of the
    Department of Energy Research and Innovation Act (42 U.S.C.
    18645), there shall be made available to the Secretary to carry
    out the construction of ITER--
    ``(A) $374,000,000 for fiscal year 2021; and
    ``(B) $281,000,000 for each of fiscal years 2022
    through 2025.''.

    TITLE III--RENEWABLE ENERGY AND STORAGE

    Subtitle A--Renewable Energy Research and Development

    SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.

    (a) In General.--Subtitle C of title VI of the Energy Independence
    and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read as
    follows:

    ``Subtitle C--Water Power Research and Development

    ``SEC. 632. <>  DEFINITIONS.

    ``In this subtitle:
    ``(1) Eligible entity.--The term `eligible entity' means any
    of the following entities:
    ``(A) An institution of higher education.
    ``(B) A National Laboratory.
    ``(C) A Federal research agency.
    ``(D) A State research agency.
    ``(E) A nonprofit research organization.
    ``(F) An industrial entity or a multi-institutional
    consortium thereof.
    ``(2) Institution of higher education.--The term
    `institution of higher education' means--
    ``(A) an institution of higher education (as defined
    in section 101(a) of the Higher Education Act of 1965
    (20 U.S.C. 1001(a))); or
    ``(B) a postsecondary vocational institution (as
    defined in section 102(c) of the Higher Education Act of
    1965 (20 U.S.C. 1002(c))).
    ``(3) Marine energy.--The term `marine energy' means energy
    from--
    ``(A) waves, tides, and currents in oceans,
    estuaries, and tidal areas;
    ``(B) free flowing water in rivers, lakes, streams,
    and man-made channels;

    [[Page 2480]]

    ``(C) differentials in salinity and pressure
    gradients; and
    ``(D) differentials in water temperature, including
    ocean thermal energy conversion.
    ``(4) National laboratory.--The term `National Laboratory'
    has the meaning given such term in section 2(3) of the Energy
    Policy Act of 2005 (42 U.S.C. 15801(3)).
    ``(5) Water power.--The term `water power' refers to
    hydropower, including conduit power, pumped storage, and marine
    energy technologies.
    ``(6) Microgrid.--The term `microgrid' has the meaning given
    such term in section 641 of the Energy Independence and Security
    Act of 2007 (42 U.S.C. 17231).
    ``SEC. 633. <>  WATER POWER TECHNOLOGY
    RESEARCH, DEVELOPMENT, AND
    DEMONSTRATION.

    ``The Secretary shall carry out a program to conduct research,
    development, demonstration, and commercial application of water power
    technologies in support of each of the following purposes:
    ``(1) To promote research, development, demonstration, and
    commercial application of water power generation technologies in
    order to increase capacity and reduce the cost of those
    technologies.
    ``(2) To promote research and development to improve the
    environmental impact of water power technologies.
    ``(3) To provide grid reliability and resilience, including
    through technologies that facilitate new market opportunities,
    such as ancillary services, for water power.
    ``(4) To promote the development of water power technologies
    to improve economic growth and enhance cross-institutional
    foundational workforce development in the water power sector,
    including in coastal communities.
    ``SEC. 634. <>  HYDROPOWER RESEARCH,
    DEVELOPMENT, AND DEMONSTRATION.

    ``The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for technologies that improve
    the capacity, efficiency, resilience, security, reliability,
    affordability, and environmental impact, including potential cumulative
    environmental impacts, of hydropower systems. In carrying out such
    program, the Secretary shall prioritize activities designed to--
    ``(1) develop technology for--
    ``(A) non-powered dams, including aging and
    potentially hazardous dams;
    ``(B) pumped storage;
    ``(C) constructed waterways;
    ``(D) new stream-reach development;
    ``(E) modular and small dams;
    ``(F) increased operational flexibility; and
    ``(G) enhancement of relevant existing facilities;
    ``(2) develop new strategies and technologies, including
    analytical methods, physical and numerical tools, and advanced
    computing, as well as methods to validate such methods and
    tools, in order to--
    ``(A) extend the operational lifetime of hydropower
    systems and their physical structures, while improving

    [[Page 2481]]

    environmental impact, including potential cumulative
    environmental impacts;
    ``(B) assist in device and system design,
    installation, operation, and maintenance; and
    ``(C) reduce costs, limit outages, and increase unit
    and plant efficiencies, including by examining the
    impact of changing water and electricity demand on
    hydropower generation, flexibility, and provision of
    grid services;
    ``(3) study, in conjunction with other relevant Federal
    agencies as appropriate, methods to improve the hydropower
    licensing process, including by compiling current and accepted
    best practices, public comments, and methodologies to assess the
    full range of potential environmental and economic impacts;
    ``(4) identify opportunities for joint research,
    development, and demonstration programs between hydropower
    systems, which may include--
    ``(A) pumped storage systems and other renewable
    energy systems;
    ``(B) small hydro facilities and other energy
    storage systems;
    ``(C) other hybrid energy systems;
    ``(D) small hydro facilities and critical
    infrastructure, including water infrastructure; and
    ``(E) hydro facilities and responsive load
    technologies, which may include smart buildings and city
    systems;
    ``(5) improve the reliability of hydropower technologies,
    including during extreme weather events;
    ``(6) develop methods and technologies to improve
    environmental impact, including potential cumulative
    environmental impacts, of hydropower and pumped storage
    technologies, including potential impacts on wildlife, such as--
    ``(A) fisheries;
    ``(B) aquatic life and resources;
    ``(C) navigation of waterways; and
    ``(D) upstream and downstream environmental
    conditions, including sediment movement, water quality,
    and flow volumes;
    ``(7) identify ways to increase power generation by--
    ``(A) diversifying plant configuration options;
    ``(B) improving pump-back efficiencies;
    ``(C) investigating multi-phase systems;
    ``(D) developing, testing, and monitoring advanced
    generators with faster cycling times, variable speeds,
    and improved efficiencies;
    ``(E) developing, testing, and monitoring advanced
    turbines capable of improving environmental impact,
    including potential cumulative environmental impacts,
    including small turbine designs;
    ``(F) developing standardized powertrain components;
    ``(G) developing components with advanced materials
    and manufacturing processes, including additive
    manufacturing; and
    ``(H) developing analytical tools that enable
    hydropower to provide grid services that, amongst other
    services, improve grid integration of other energy
    sources;
    ``(8) advance new pumped storage technologies, including--

    [[Page 2482]]

    ``(A) systems with adjustable speed and other new
    pumping and generating equipment designs;
    ``(B) modular systems;
    ``(C) alternative closed-loop systems, including
    mines and quarries; and
    ``(D) <>  other innovative
    equipment and materials as determined by the Secretary;
    ``(9) reduce civil works costs and construction times for
    hydropower and pumped storage systems, including comprehensive
    data and systems analysis of hydropower and pumped storage
    construction technologies and processes in order to identify
    areas for whole-system efficiency gains;
    ``(10) advance efficient and reliable integration of
    hydropower and pumped storage systems with the electric grid
    by--
    ``(A) improving methods for operational forecasting
    of renewable energy systems to identify opportunities
    for hydropower applications in pumped storage and hybrid
    energy systems, including forecasting of seasonal and
    annual energy storage;
    ``(B) considering aggregating small distributed
    hydropower assets; and
    ``(C) identifying barriers to grid scale
    implementation of hydropower and pumped storage
    technologies;
    ``(11) improve computational fluid dynamic modeling methods;
    ``(12) improve flow measurement methods, including
    maintenance of continuous flow measurement equipment;
    ``(13) identify best methods for compiling data on all
    hydropower resources and assets, including identifying potential
    for increased capacity; and
    ``(14) identify mechanisms to test and validate performance
    of hydropower and pumped storage technologies.
    ``SEC. 635. <>  MARINE ENERGY RESEARCH,
    DEVELOPMENT, AND DEMONSTRATION.

    ``(a) <>  In General.--The Secretary, in
    consultation with the Secretary of Defense, Secretary of Commerce
    (acting through the Under Secretary of Commerce for Oceans and
    Atmosphere) and other relevant Federal agencies, shall conduct a program
    of research, development, demonstration, and commercial application of
    marine energy technology, including activities to--
    ``(1) assist technology development to improve the
    components, processes, and systems used for power generation
    from marine energy resources at a variety of scales;
    ``(2) establish and expand critical testing infrastructure
    and facilities necessary to--
    ``(A) demonstrate and prove marine energy devices at
    a range of scales in a manner that is cost-effective and
    efficient; and
    ``(B) accelerate the technological readiness and
    commercial application of such devices;
    ``(3) address marine energy resource variability issues,
    including through the application of energy storage
    technologies;
    ``(4) advance efficient and reliable integration of marine
    energy with the electric grid, which may include smart building
    systems;

    [[Page 2483]]

    ``(5) identify and study critical short-term and long-term
    needs to maintaining a sustainable marine energy supply chain
    based in the United States;
    ``(6) increase the reliability, security, and resilience of
    marine energy technologies;
    ``(7) validate the performance, reliability,
    maintainability, and cost of marine energy device designs and
    system components in an operating environment;
    ``(8) consider the protection of critical infrastructure,
    such as adequate separation between marine energy devices and
    submarine telecommunications cables, including through the
    development of voluntary, consensus-based standards for such
    purposes;
    ``(9) identify opportunities for crosscutting research,
    development, and demonstration programs between existing energy
    research programs;
    ``(10) identify and improve, in conjunction with the
    Secretary of Commerce, acting through the Under Secretary of
    Commerce for Oceans and Atmosphere, and other relevant Federal
    agencies as appropriate, the environmental impact, including
    potential cumulative environmental impacts, of marine energy
    technologies, including--
    ``(A) potential impacts on fisheries and other
    marine resources; and
    ``(B) developing technologies, including mechanisms
    for self-evaluation, and other means available for
    improving environmental impact, including potential
    cumulative environmental impacts;
    ``(11) identify, in consultation with relevant Federal
    agencies, potential navigational impacts of marine energy
    technologies and strategies to prevent possible adverse impacts,
    in addition to opportunities for marine energy systems to aid
    the United States Coast Guard, such as remote sensing for
    coastal border security;
    ``(12) develop numerical and physical tools, including
    models and monitoring technologies, to assist industry in device
    and system design, installation, operation, and maintenance,
    including methods to validate such tools;
    ``(13) support materials science as it relates to marine
    energy technology, such as the development of corrosive-
    resistant materials;
    ``(14) improve marine energy resource forecasting and
    general understanding of aquatic system behavior, including
    turbulence and extreme conditions;
    ``(15) <>  develop metrics and
    voluntary, consensus-based standards, in coordination with the
    National Institute of Standards and Technology and appropriate
    standard development organizations, for marine energy
    components, systems, and projects, including--
    ``(A) measuring performance of marine energy
    technologies; and
    ``(B) characterizing environmental conditions;
    ``(16) enhance integration with hybrid energy systems,
    including desalination;
    ``(17) identify opportunities to integrate marine energy
    technologies into new and existing infrastructure; and

    [[Page 2484]]

    ``(18) to develop technology necessary to support the use of
    marine energy--
    ``(A) for the generation and storage of power at
    sea; and
    ``(B) for the generation and storage of power to
    promote the resilience of coastal communities, including
    in applications relating to--
    ``(i) desalination;
    ``(ii) disaster recovery and resilience; and
    ``(iii) community microgrids in isolated power
    systems.

    ``(b) Study of Non-Power Sector Applications for Advanced Marine
    Energy Technologies.--
    ``(1) <>  In general.--The Secretary,
    in consultation with the Secretary of Transportation and the
    Secretary of Commerce, shall conduct a study to examine
    opportunities for research and development in advanced marine
    energy technologies for non-power sector applications, including
    applications with respect to--
    ``(A) the maritime transportation sector;
    ``(B) associated maritime energy infrastructure,
    including infrastructure that serves ports, to improve
    system resilience and disaster recovery; and
    ``(C) enabling scientific missions at sea and in
    extreme environments, including the Arctic.
    ``(2) Report.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Science, Space, and Technology of the House of
    Representatives a report that describes the results of the study
    conducted under paragraph (1).
    ``SEC. 636. <>  NATIONAL MARINE ENERGY
    CENTERS.

    ``(a) <>  In General.--The Secretary shall award
    grants, each such grant up to $10,000,000 per year, to institutions of
    higher education (or consortia thereof) for--
    ``(1) the continuation and expansion of the research,
    development, demonstration, testing, and commercial application
    activities at the National Marine Energy Centers (referred to in
    this section as `Centers') established as of January 1, 2020;
    and
    ``(2) the establishment of new National Marine Energy
    Centers.

    ``(b) Location Selection.--In selecting institutions of higher
    education for new Centers, the Secretary shall consider the following
    criteria:
    ``(1) Whether the institution hosts an existing marine
    energy research and development program.
    ``(2) Whether the institution has proven technical expertise
    to support marine energy research.
    ``(3) Whether the institution has access to marine
    resources.

    ``(c) <>  Purposes.--The Centers shall
    coordinate among themselves, the Department, and National Laboratories
    to--
    ``(1) advance research, development, demonstration, and
    commercial application of marine energy technologies in response
    to industry and commercial needs;

    [[Page 2485]]

    ``(2) support in-water testing and demonstration of marine
    energy technologies, including facilities capable of testing--
    ``(A) marine energy systems of various technology
    readiness levels and scales;
    ``(B) a variety of technologies in multiple test
    berths at a single location;
    ``(C) arrays of technology devices; and
    ``(D) interconnectivity to an electrical grid,
    including microgrids; and
    ``(3) collect and disseminate information on best practices
    in all areas relating to developing and managing marine energy
    resources and energy systems.

    ``(d) Coordination.--To the extent practicable, the Centers shall
    coordinate their activities with the Secretary of Commerce, acting
    through the Undersecretary of Commerce for Oceans and Atmosphere, and
    other relevant Federal agencies.
    ``(e) Termination.--To the extent otherwise authorized by law, the
    Secretary may terminate funding for a Center described in paragraph (a)
    if such Center is under-performing.
    ``SEC. 637. <>  ORGANIZATION AND
    ADMINISTRATION OF PROGRAMS.

    ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage cross-cutting
    research priorities across programs of the Department and other relevant
    Federal agencies, including the National Laboratories and the National
    Marine Energy Centers.
    ``(b) Collaboration.--
    ``(1) In general.--In carrying out this subtitle, the
    Secretary shall collaborate with industry, National
    Laboratories, other relevant Federal agencies, institutions of
    higher education, including Minority Serving Institutions,
    National Marine Energy Centers, Tribal entities, including
    Alaska Native Corporations, and international bodies with
    relevant scientific and technical expertise.
    ``(2) Participation.--To the extent practicable, the
    Secretary shall encourage research projects that promote
    collaboration between entities specified in paragraph (1) and
    include entities not historically associated with National
    Marine Energy Centers, such as Minority Serving Institutions.
    ``(3) <>  International
    collaboration.--The Secretary, in coordination with other
    appropriate Federal and multilateral agencies (including the
    United States Agency for International Development) shall
    support collaborative efforts with international partners to
    promote the research, development, and demonstration of water
    power technologies used to develop hydropower, pump storage, and
    marine energy resources.

    ``(c) Dissemination of Results and Public Availability.--The
    Secretary shall--
    ``(1) publish the results of projects supported under this
    subtitle through Department websites, reports, databases,
    training materials, and industry conferences, including
    information discovered after the completion of such projects,
    withholding any industrial proprietary information; and
    ``(2) share results of such projects with the public except
    to the extent that the information is protected from disclosure
    under section 552(b) of title 5, United States Code.

    [[Page 2486]]

    ``(d) Award Frequency.--The Secretary shall solicit applications for
    awards under this subtitle no less frequently than once per fiscal year.
    ``(e) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of water power technologies and the water power workforce,
    including activities at the National Marine Energy Centers.
    ``(f) Technical Assistance and Workforce Development.--In carrying
    out this subtitle, the Secretary may also conduct, for purposes of
    supporting technical, non-hardware, and information-based advances in
    water power systems development and operations--
    ``(1) technical assistance and analysis activities with
    eligible entities, including activities that support expanding
    access to advanced water power technologies for rural, Tribal,
    and low-income communities; and
    ``(2) workforce development and training activities,
    including to support the dissemination of standards and best
    practices for enabling water power production.

    ``(g) Strategic Plan.--In carrying out the activities described in
    this subtitle, the Secretary shall--
    ``(1) <>  not later than one year after the
    date of the enactment of the Energy Act of 2020, draft a plan,
    considering input from relevant stakeholders such as industry
    and academia, to implement the programs described in this
    subtitle and update the plan on an annual basis; and
    ``(2) <>  the plan shall address near-
    term (up to 2 years), mid-term (up to 7 years), and long-term
    (up to 15 years) challenges to the advancement of water power
    systems.

    ``(h) <>  Report to
    Congress.--Not later than 1 year after the date of the enactment of the
    Energy Act of 2020, and at least once every 2 years thereafter, the
    Secretary shall provide, and make available to the public and the
    relevant authorizing and appropriations committees of Congress, a report
    on the findings of research conducted and activities carried out
    pursuant to this subtitle, including the most current strategic plan
    under subsection (g) and the progress made in implementing such plan.
    ``SEC. 638. <>  APPLICABILITY OF OTHER LAWS.

    ``Nothing in this subtitle shall be construed as waiving, modifying,
    or superseding the applicability of any requirement under any
    environmental or other Federal or State law.
    ``SEC. 639. <>  AUTHORIZATION OF
    APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry
    out this subtitle $186,600,000 for each of fiscal years 2021 through
    2025, including $137,428,378 for marine energy and $49,171,622 for
    hydropower research, development, and demonstration activities.''.
    (b) Conforming Table of Contents Amendment.--The table of contents
    for the Energy Independence and Security Act of 2007 is amended by
    striking the items relating to subtitle C of title VI and inserting the
    following:

    ``Subtitle C--Water Power Research and Development

    ``Sec. 632. Definitions.

    [[Page 2487]]

    ``Sec. 633. Water power technology research, development, and
    demonstration.
    ``Sec. 634. Hydropower research, development, and demonstration.
    ``Sec. 635. Marine energy research, development, and demonstration.
    ``Sec. 636. National Marine Energy Centers.
    ``Sec. 637. Organization and administration of programs.
    ``Sec. 638. Applicability of other laws.
    ``Sec. 639. Authorization of appropriations.''.

    SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.

    (a) Definitions.--Section 612 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17191) is amended--
    (1) by amending paragraph (1) to read as follows:
    ``(1) Engineered.--When referring to enhanced geothermal
    systems, the term `engineered' means designed to access
    subsurface heat, including stimulation and nonstimulation
    technologies to address one or more of the following issues:
    ``(A) Lack of effective permeability, porosity or
    open fracture connectivity within the heat reservoir.
    ``(B) Insufficient contained geofluid in the heat
    reservoir.
    ``(C) A low average geothermal gradient which
    necessitates deeper drilling, or the use of alternative
    heat sources or heat generation processes.'';
    (2) by redesignating paragraphs (2) through (7) as
    paragraphs (3) through (8), respectively; and
    (3) by adding after paragraph (1) the following:
    ``(2) Eligible entity.--The term `eligible entity' means any
    of the following entities:
    ``(A) An institution of higher education.
    ``(B) A National laboratory.
    ``(C) A Federal research agency.
    ``(D) A State research agency.
    ``(E) A nonprofit research organization.
    ``(F) An industrial entity.
    ``(G) A consortium of 2 or more entities described
    in subparagraphs (A) through (F).''.

    (b) Hydrothermal Research and Development.--Section 613 of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is
    amended to read as follows:
    ``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall carry out a program of
    research, development, demonstration, and commercial application for
    geothermal energy production from hydrothermal systems.
    ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
    ``(1) Advanced hydrothermal resource tools.--The research
    and development of advanced geologic tools to assist in locating
    hydrothermal resources, and to increase the reliability of site
    characterization, including the development of new imaging and
    sensing technologies and techniques to assist in prioritization
    of targets for characterization;
    ``(2) Exploratory drilling for geothermal resources.--The
    demonstration of advanced technologies and techniques of siting
    and exploratory drilling for undiscovered resources in a variety
    of geologic settings, carried out in collaboration with industry
    partners that will assist in the acquisition of high quality
    data sets relevant for hydrothermal subsurface characterization
    activities.''.

    [[Page 2488]]

    (c) General Geothermal Systems Research and Development.--Section
    614 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17193) is amended to read as follows:
    ``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

    ``(a) Subsurface Components and Systems.--The Secretary shall
    support a program of research, development, demonstration, and
    commercial application of components and systems capable of withstanding
    geothermal environments and necessary to develop, produce, and monitor
    geothermal reservoirs and produce geothermal energy.
    ``(b) Environmental Impacts.--The Secretary shall--
    ``(1) support a program of research, development,
    demonstration, and commercial application of technologies and
    practices designed to mitigate or preclude potential adverse
    environmental impacts of geothermal energy development,
    production or use;
    ``(2) support a research program to identify potential
    environmental impacts, including induced seismicity, and
    environmental benefits of geothermal energy development,
    production, and use, and ensure that the program described in
    paragraph (1) addresses such impacts, including water use and
    effects on groundwater and local hydrology;
    ``(3) support a program of research to compare the potential
    environmental impacts and environmental benefits identified as
    part of the development, production, and use of geothermal
    energy with the potential emission reductions of greenhouse
    gases gained by geothermal energy development, production, and
    use; and
    ``(4) <>  in carrying out this section,
    the Secretary shall, to the maximum extent practicable, consult
    with relevant federal agencies, including the Environmental
    Protection Agency.

    ``(c) Reservoir Thermal Energy Storage.--The Secretary shall support
    a program of research, development, and demonstration of reservoir
    thermal energy storage, emphasizing cost-effective improvements through
    deep direct use engineering, design, and systems research.
    ``(d) Oil and Gas Technology Transfer Initiative.--
    ``(1) In general.--The Secretary shall support an initiative
    among the Office of Fossil Energy, the Office of Energy
    Efficiency and Renewable Energy, and the private sector to
    research, develop, and demonstrate relevant advanced
    technologies and operation techniques used in the oil and gas
    sector for use in geothermal energy development.
    ``(2) Priorities.--In carrying out paragraph (1), the
    Secretary shall prioritize technologies with the greatest
    potential to significantly increase the use and lower the cost
    of geothermal energy in the United States, including the cost
    and speed of geothermal drilling surface technologies, large-
    and small-scale drilling, and well construction.

    ``(e) Coproduction of Geothermal Energy and Minerals Production
    Research and Development Initiative.--
    ``(1) In general.--The Secretary shall carry out a research
    and development initiative under which the Secretary shall
    provide financial assistance to demonstrate the coproduction of
    critical minerals from geothermal resources.

    [[Page 2489]]

    ``(2) Requirements.--An award made under paragraph (1)
    shall--
    ``(A) improve the cost effectiveness of removing
    minerals from geothermal brines as part of the
    coproduction process;
    ``(B) increase recovery rates of the targeted
    mineral commodity;
    ``(C) decrease water use and other environmental
    impacts, as determined by the Secretary; and
    ``(D) demonstrate a path to commercial viability.

    ``(f) Flexible Operations.--The Secretary shall support a research
    initiative on flexible operation of geothermal power plants.
    ``(g) Integrated Energy Systems.--The Secretary shall identify
    opportunities for joint research, development, and demonstration
    programs between geothermal systems and other energy generation or
    storage systems.
    ``(h) Drilling Data Repository.--
    ``(1) <>  In general.--The Secretary
    shall, in consultation with the Secretary of the Interior,
    establish and operate a voluntary, industry-wide repository of
    geothermal drilling information to lower the cost of future
    geothermal drilling.
    ``(2) Repository.--
    ``(A) In general.--In carrying out paragraph (1),
    the Secretary shall collaborate with countries utilizing
    a significant amount of geothermal energy, as determined
    by the Secretary.
    ``(B) Data system.--The repository established under
    paragraph (1) shall be integrated with the National
    Geothermal Data System.''.

    (d) Enhanced Geothermal Systems Research and Development.--Section
    615 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17194) is amended to read as follows:
    ``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall support a program of
    research, development, demonstration, and commercial application for
    enhanced geothermal systems, including the programs described in
    subsection (b).
    ``(b) Enhanced Geothermal Systems Technologies.--In collaboration
    with industry partners, institutions of higher education, and the
    national laboratories, the Secretary shall support a program of
    research, development, demonstration, and commercial application of the
    technologies to achieve higher efficiency and lower cost enhanced
    geothermal systems, including--
    ``(1) reservoir stimulation;
    ``(2) drilled, non-stimulated (e.g. closed-loop) reservoir
    technologies;
    ``(3) reservoir characterization, monitoring, and modeling
    and understanding of the surface area and volume of fractures;
    ``(4) stress and fracture mapping including real time
    monitoring and modeling;
    ``(5) tracer development;
    ``(6) three and four-dimensional seismic imaging and
    tomography;
    ``(7) well placement and orientation;
    ``(8) long-term reservoir management;

    [[Page 2490]]

    ``(9) drilling technologies, methods, and tools;
    ``(10) improved exploration tools;
    ``(11) zonal isolation; and
    ``(12) understanding induced seismicity risks from reservoir
    engineering and stimulation.

    ``(c) Frontier Observatory for Research in Geothermal Energy.--
    ``(1) In general.--The Secretary shall support the
    establishment and construction of up to 3 field research sites,
    which shall each be known as a `Frontier Observatory for
    Research in Geothermal Energy' or `FORGE' site to develop, test,
    and enhance techniques and tools for enhanced geothermal energy.
    ``(2) Duties.--The Secretary shall--
    ``(A) provide financial assistance in support of
    research and development projects focused on advanced
    monitoring technologies, new technologies and approaches
    for implementing multi-zone stimulations, nonstimulation
    techniques, and dynamic reservoir modeling that
    incorporates all available high-fidelity
    characterization data; and
    ``(B) seek opportunities to coordinate efforts and
    share information with domestic and international
    partners engaged in research and development of
    geothermal systems and related technology, including
    coordination between FORGE sites.
    ``(3) Site selection.--Of the FORGE sites referred to in
    paragraph (1), the Secretary shall--
    ``(A) consider applications through a competitive,
    merit-reviewed process, from National Laboratories,
    multi-institutional collaborations, institutes of higher
    education and other appropriate entities best suited to
    provide national leadership on geothermal related issues
    and perform the duties enumerated under this subsection;
    ``(B) prioritize existing field sites and facilities
    with capabilities relevant to the duties enumerated
    under this subsection;
    ``(C) <>  determine the
    mission need for and potential location of subsequent
    FORGE sites following the completion of construction and
    one year of operation of two FORGE sites; and
    ``(D) ensure geologic diversity among FORGE sites
    when developing subsequent sites, to the maximum extent
    practicable.
    ``(4) Existing forge sites.--A FORGE site already in
    existence on the date of enactment of this Act may continue to
    receive support.
    ``(5) Site operation.--
    ``(A) Initial duration.--FORGE sites selected under
    paragraph (3) shall operate for an initial term of not
    more than 7 years after the date on which site operation
    begins.
    ``(B) <>  Performance
    metrics.--The Secretary shall establish performance
    metrics for each FORGE site supported under this
    paragraph, which may be used by the Secretary to
    determine whether a FORGE site should continue to
    receive funding.
    ``(6) Additional terms.--

    [[Page 2491]]

    ``(A) In general.--At the end of an operational term
    described in subparagraph (B), a FORGE site may--
    ``(i) be transferred to other public or
    private entities for further enhanced geothermal
    testing; or
    ``(ii) <>  subject to
    appropriations and a merit review by the
    Secretary, operate for an additional term of not
    more than 7 years.
    ``(B) Operational term described.--An operational
    term referred to in subparagraph (A)--
    ``(i) in the case of an existing FORGE site,
    is the existing operational term; and
    ``(ii) in the case of new FORGE sites selected
    under paragraph (3), is the initial term under
    paragraph (5)(A) or an additional term under
    subparagraph (A)(ii) of this paragraph.
    ``(7) Funding.--
    ``(A) In general.--Out of funds authorized to be
    appropriated under section 623, there shall be made
    available to the Secretary to carry out the FORGE
    activities under this paragraph--
    ``(i) $45,000,000 for fiscal year 2021;
    ``(ii) $55,000,000 for fiscal year 2022;
    ``(iii) $65,000,000 for fiscal year 2023;
    ``(iv) $70,000,000 for fiscal year 2024; and
    ``(v) $70,000,000 for fiscal year 2025.
    ``(B) Considerations.--In carrying out this
    subsection, the Secretary shall consider the balance
    between funds dedicated to construction and operations
    and research activities to reflect the state of site
    development.

    ``(d) Enhanced Geothermal Systems Demonstrations.--
    ``(1) <>  In general.--Beginning on
    the date of enactment of this section, the Secretary, in
    collaboration with industry partners, institutions of higher
    education, and the national laboratories, shall support an
    initiative for demonstration of enhanced geothermal systems for
    power production or direct use.
    ``(2) Projects.--
    ``(A) <>  In general.--Under
    the initiative described in paragraph (1), 4
    demonstration projects shall be carried out in locations
    that are potentially commercially viable for enhanced
    geothermal systems development, while also considering
    environmental impacts to the maximum extent practicable,
    as determined by the Secretary.
    ``(B) Requirements.--Demonstration projects under
    subparagraph (A) shall--
    ``(i) collectively demonstrate--
    ``(I) different geologic settings,
    such as hot sedimentary aquifers,
    layered geologic systems, supercritical
    systems, and basement rock systems; and
    ``(II) a variety of development
    techniques, including open hole and
    cased hole completions, differing well
    orientations, and stimulation and
    nonstimulation mechanisms; and
    ``(ii) to the extent practicable, use existing
    sites where subsurface characterization or
    geothermal energy integration analysis has been
    conducted.

    [[Page 2492]]

    ``(C) Eastern demonstration.--Not fewer than 1 of
    the demonstration projects carried out under
    subparagraph (A) shall be located an area east of the
    Mississippi River that is suitable for enhanced
    geothermal demonstration for power, heat, or a
    combination of power and heat.
    ``(D) Milestone-based demonstration projects.--The
    Secretary may carry out demonstration projects under
    this subsection as a milestone-based demonstration
    project under section 9005 of the Energy Act of 2020.
    ``(3) Funding.--Out of funds authorized to be appropriated
    under section 623, there shall be made available to the
    Secretary to carry out the demonstration activities under this
    subsection $21,000,000 for each of fiscal years 2021 through
    2025.''.

    (e) Geothermal Heat Pumps and Direct Use.--
    (1) In general.--Title VI of the Energy Independence and
    Security Act of 2007 is amended by inserting after section 616
    (42 U.S.C. 17195) the following:
    ``SEC. 616A. <>  GEOTHERMAL HEAT PUMPS AND
    DIRECT USE RESEARCH AND DEVELOPMENT.

    ``(a) Purposes.--The purposes of this section are--
    ``(1) to improve the understanding of related earth
    sciences, components, processes, and systems used for geothermal
    heat pumps and the direct use of geothermal energy; and
    ``(2) to increase the energy efficiency, lower the cost,
    increase the use, and improve and demonstrate the effectiveness
    of geothermal heat pumps and the direct use of geothermal
    energy.

    ``(b) Definitions.--In this section:
    ``(1) Direct use of geothermal energy.--The term `direct use
    of geothermal energy' means geothermal systems that use water
    directly or through a heat exchanger to provide--
    ``(A) heating and cooling to buildings, commercial
    districts, residential communities, and large municipal,
    or industrial projects; or
    ``(B) heat required for industrial processes,
    agriculture, aquaculture, and other facilities.
    ``(2) Economically distressed area.--The term `economically
    distressed area' means an area described in section 301(a) of
    the Public Works and Economic Development Act of 1965 (42 U.S.C.
    3161(a)).
    ``(3) Geothermal heat pump.--The term `geothermal heat pump'
    means a system that provides heating and cooling by exchanging
    heat from shallow geology, groundwater, or surface water using--
    ``(A) a closed loop system, which transfers heat by
    way of buried or immersed pipes that contain a mix of
    water and working fluid; or
    ``(B) an open loop system, which circulates ground
    or surface water directly into the building and returns
    the water to the same aquifer or surface water source.

    ``(c) Program.--
    ``(1) In general.--The Secretary shall support within the
    Geothermal Technologies Office a program of research,
    development, and demonstration for geothermal heat pumps and the
    direct use of geothermal energy.

    [[Page 2493]]

    ``(2) Areas.--The program under paragraph (1) may include
    research, development, demonstration, and commercial application
    of--
    ``(A) geothermal ground loop efficiency
    improvements, cost reductions, and improved installation
    and operations methods;
    ``(B) the use of geothermal energy for building-
    scale energy storage;
    ``(C) the use of geothermal energy as a grid
    management resource or seasonal energy storage;
    ``(D) geothermal heat pump efficiency improvements;
    ``(E) the use of alternative fluids as a heat
    exchange medium, such as hot water found in mines and
    mine shafts, graywater, or other fluids that may improve
    the economics of geothermal heat pumps;
    ``(F) heating of districts, neighborhoods,
    communities, large commercial or public buildings, and
    industrial and manufacturing facilities;
    ``(G) the use of low temperature groundwater for
    direct use; and
    ``(H) system integration of direct use with
    geothermal electricity production.
    ``(3) Environmental impacts.--In carrying out the program,
    the Secretary shall identify and mitigate potential
    environmental impacts in accordance with section 614(b).

    ``(d) Financial Assistance.--
    ``(1) In general.--The Secretary shall carry out the program
    established in subsection (c) by making financial assistance
    available to State, local, and Tribal governments, institutions
    of higher education, nonprofit entities, National Laboratories,
    utilities, and for-profit companies.
    ``(2) <>  Priority.--In providing
    financial assistance under this subsection, the Secretary may
    give priority to proposals that apply to large buildings,
    commercial districts, and residential communities that are
    located in economically distressed areas and areas that the
    Secretary determines to have high economic potential for
    geothermal district heating based on the report, `Geovision:
    Harnessing the Heat Beneath our Feet' published by the
    Department in 2019, or a successor report.''.
    (2) Conforming amendment.--Section 1(b) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
    amended in the table of contents by inserting after the item
    relating to section 616 the following:

    ``Sec. 616A. Geothermal heat pumps and direct use research and
    development.''.

    (f) Organization and Administration of Programs.--
    (1) In general.--Section 617 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17196) is amended--
    (A) by striking the section heading and inserting
    ``organization and administration
    of programs'';
    (B) in subsection (b), by striking paragraph (2) and
    redesignating paragraphs (3) and (4) as paragraphs (2)
    and (3), respectively; and
    (C) by adding at the end the following:

    ``(c) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information on geothermal

    [[Page 2494]]

    energy technologies and the geothermal energy workforce, including
    activities at the Frontier Observatory for Research in Geothermal Energy
    site or sites.
    ``(d) Technical Assistance.--In carrying out this subtitle, the
    Secretary shall also conduct technical assistance and analysis
    activities with eligible entities for the purpose of supporting the
    commercial application of advances in geothermal energy systems
    development and operations, which may include activities that support
    expanding access to advanced geothermal energy technologies for rural,
    Tribal, and low-income communities.
    ``(e) Report.--Every 5 years after the date of enactment of this
    subsection, the Secretary shall report to the Committee on Science and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate on advanced concepts and
    technologies to maximize the geothermal resource potential of the United
    States.
    ``(f) Progress Reports.--Not later than 1 year after the date of
    enactment of this subsection, and every 2 years thereafter, the
    Secretary shall submit to the Committee on Science and Technology of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on the results of projects undertaken
    under this part and other such information the Secretary considers
    appropriate.''.
    (2) Conforming amendment.--Section 1(b) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
    amended in the table of contents by amending the item related to
    section 617 to read as follows:

    ``Sec. 617. Organization and administration of programs.''.

    (g) Advanced Geothermal Computing and Data Science Research and
    Development.--
    (1) In general.--Section 618 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17197) is amended to read as
    follows:
    ``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE
    RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Secretary shall carry out a program of
    research and development of advanced computing and data science tools
    for geothermal energy.
    ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
    ``(1) Advanced computing for geothermal systems
    technologies.--Research, development, and demonstration of
    technologies to develop advanced data, machine learning,
    artificial intelligence, and related computing tools to assist
    in locating geothermal resources, to increase the reliability of
    site characterization, to increase the rate and efficiency of
    drilling, to improve induced seismicity mitigation, and to
    support enhanced geothermal systems technologies.
    ``(2) Geothermal systems reservoir modeling.--Research,
    development, and demonstration of models of geothermal reservoir
    performance and enhanced geothermal systems reservoir
    stimulation technologies and techniques, with an emphasis on
    accurately modeling fluid and heat flow, permeability evolution,
    geomechanics, geochemistry, seismicity, and

    [[Page 2495]]

    operational performance over time, including collaboration with
    industry and field validation.

    ``(c) <>  Coordination.--In carrying out these
    programs, the Secretary shall ensure coordination and consultation with
    the Department of Energy's Office of Science. The Secretary shall
    ensure, to the maximum extent practicable, coordination of these
    activities with the Department of Energy National Laboratories,
    institutes of higher education, and the private sector.''.
    (2) Conforming amendment.--Section 1(b) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
    amended in the table of contents by amending the item related to
    section 618 to read as follows:

    ``Sec. 618. Advanced geothermal computing and data science research and
    development.''.

    (h) Geothermal Workforce Development.--
    (1) In general.--Section 619 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17198) is amended to read as
    follows:
    ``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.

    ``The Secretary shall support the development of a geothermal energy
    workforce through a program that--
    ``(1) facilitates collaboration between university students
    and researchers at the National Laboratories; and
    ``(2) prioritizes science in areas relevant to the mission
    of the Department through the application of geothermal energy
    tools and technologies.''.
    (2) Conforming amendment.--Section 1(b) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
    amended in the table of contents by amending the item related to
    section 619 to read as follows:

    ``Sec. 619. Geothermal workforce development.''.

    (i) Repeals.--
    (1) EISA repeal.--Subtitle B of title VI of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17191 et
    seq.) <>  is amended by striking
    sections 620 and 621.
    (2) Conforming amendment.--Section 1(b) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
    amended in the table of contents by striking the item related to
    section 620 and 621.
    (3) Additional repeal.--The Geothermal Energy Research,
    Development, and Demonstration Act of 1974 (30 U.S.C. 1101 et
    seq.) <>  is repealed.

    (j) Authorization of Appropriations.--Section 623 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17202) is amended to
    read as follows:
    ``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary to carry
    out the programs under this subtitle $170,000,000 for each of fiscal
    years 2021 through 2025.''.
    (k) International Geothermal Energy Development.--Section 624 of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17203) is
    amended--
    (1) by amending subsection (a) to read as follows:

    [[Page 2496]]

    ``(a) <>  In General.--The Secretary of Energy,
    in coordination with other appropriate Federal and multilateral agencies
    (including the United States Agency for International Development) shall
    support collaborative efforts with international partners to promote the
    research, development, and demonstration of geothermal technologies used
    to develop hydrothermal and enhanced geothermal system resources.''; and
    (2) by striking subsection (c).

    (l) Reauthorization of High Cost Region Geothermal Energy Grant
    Program.--Section 625 of the Energy Independence and Security Act of
    2007 (42 U.S.C. 17204) is amended--
    (1) in subsection (a)(2), by inserting ``or heat'' after
    ``electrical power''; and
    (2) by amending subsection (e) to read as follows:

    ``(e) Authorization of Appropriations.--Out of funds authorized
    under section 623, there is authorized to be appropriated to carry out
    this section $5,000,000 for each of fiscal years 2021 through 2025.''.
    (m) Update to Geothermal Resource Assessment.--Section 2501 of the
    Energy Policy Act of 1992 (30 U.S.C. 1028) is amended--
    (1) by redesignating subsections (a) and (b) as subsections
    (b) and (d), respectively;
    (2) by inserting before subsection (b) (as so redesignated)
    the following:

    ``(a) Definition of Enhanced Geothermal Systems.--In this section,
    the term `enhanced geothermal systems' has the meaning given the term in
    section 612 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17191).'';
    (3) by inserting after subsection (b) (as so redesignated)
    the following:

    ``(c) <>  Update to Geothermal Resource
    Assessment.--The Secretary of the Interior, acting through the United
    States Geological Survey, and in consultation with the Secretary of
    Energy, shall update the 2008 United States geothermal resource
    assessment carried out by the United States Geological Survey,
    including--
    ``(1) with respect to areas previously identified by the
    Department of Energy or the United States Geological Survey as
    having significant potential for hydrothermal energy or enhanced
    geothermal systems energy, by focusing on--
    ``(A) improving the resolution of resource potential
    at systematic temperatures and depths, including
    temperatures and depths appropriate for power generation
    and direct use applications;
    ``(B) quantifying the total potential to coproduce
    geothermal energy and minerals;
    ``(C) incorporating data relevant to underground
    thermal energy storage and exchange, such as aquifer and
    soil properties; and
    ``(D) producing high resolution maps, including--
    ``(i) maps that indicate key subsurface
    parameters for electric and direct use resources;
    and
    ``(ii) risk maps for induced seismicity based
    on geologic, geographic, and operational
    parameters; and
    ``(2) <>  to the maximum extent
    practicable, by coordinating with relevant State officials and
    institutions of higher education to expand geothermal
    assessments, including enhanced geothermal systems assessments,
    to include assessments for the

    [[Page 2497]]

    Commonwealth of Puerto Rico and the States of Alaska and
    Hawaii.''; and
    (4) in subsection (d) (as so redesignated), by striking
    ``necesary'' and inserting ``necessary''.

    (n) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--
    (o) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852)
    is amended--
    (1) in subsection (b)(2), by striking ``generated'' and
    inserting ``produced''; and
    (2) in subsection (c)--
    (A) by redesignating paragraphs (1) through (3) as
    subparagraphs (A) through (C), respectively, and
    indenting appropriately;
    (B) in the matter preceding subparagraph (A) (as so
    redesignated), by striking ``For purposes'' and
    inserting the following:
    ``(1) In general.--For purposes''; and
    (C) by adding at the end the following:
    ``(2) Separate calculation.--
    ``(A) In general.--For purposes of determining
    compliance with the requirement of this section, any
    energy consumption that is avoided through the use of
    geothermal energy shall be considered to be renewable
    energy produced.
    ``(B) Efficiency accounting.--Energy consumption
    that is avoided through the use of geothermal energy
    that is considered to be renewable energy under this
    section shall not be considered energy efficiency for
    the purpose of compliance with Federal energy efficiency
    goals, targets, and incentives.''.
    SEC. 3003. <>  WIND ENERGY RESEARCH AND
    DEVELOPMENT.

    (a) Definitions.--In this section:
    (1) Critical material.--The term ``critical material'' has
    the meaning given the term in section 7002 of this Act.
    (2) Economically distressed area.--The term ``economically
    distressed area'' means an area described in section 301(a) of
    the Public Works and Economic Development Act of 1965 (42 U.S.C.
    3161(a)).
    (3) Eligible entity.--The term ``eligible entity'' means--
    (A) an institution of higher education, including a
    minority-serving institution;
    (B) a National Laboratory;
    (C) a Federal research agency;
    (D) a State research agency;
    (E) a research agency associated with a territory or
    freely associated state;
    (F) a Tribal energy development organization;
    (G) an Indian Tribe;
    (H) a Tribal organization;
    (I) a Native Hawaiian community-based organization;
    (J) a nonprofit research organization;
    (K) an industrial entity;
    (L) any other entity, as determined by the
    Secretary; and

    [[Page 2498]]

    (M) a consortium of 2 or more entities described in
    subparagraphs (A) through (L).
    (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    (5) Institution of higher education.--The term ``institution
    of higher education'' means--
    (A) an institution of higher education (as defined
    in section 101(a) of the Higher Education Act of 1965
    (20 U.S.C. 1001(a))); or
    (B) a postsecondary vocational institution (as
    defined in section 102(c) of the Higher Education Act of
    1965 (20 U.S.C. 1002(c))).
    (6) Minority serving institution.--The term ``minority-
    serving institution'' has the meaning given the term ``eligible
    institution'' in section 371(a) of the Higher Education Act of
    1965 (20 U.S.C. 1067q(a)).
    (7) National laboratory.--The term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy
    Policy Act of 2005 (42 U.S.C. 15801(3)).
    (8) Native hawaiian community-based organization.--The term
    ``Native Hawaiian community-based organization'' has the meaning
    given the term in section 6207 of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 7517).
    (9) Program.--The term ``program'' means the program
    established under subsection (b)(1).
    (10) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.
    (11) Territory or freely associated state.--The term
    ``territory or freely associated state'' has the meaning given
    the term ``insular area'' in section 1404 of the Food and
    Agriculture Act of 1977 (7 U.S.C. 3103).
    (12) Tribal energy development organization.--The term
    ``Tribal energy development organization'' has the meaning given
    the term ``tribal energy development organization'' in section
    2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
    (13) Tribal organization.--The term ``Tribal organization''
    has the meaning given the term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304).

    (b) Wind Energy Technology Program.--
    (1) Establishment.--
    (A) In general.--The Secretary shall establish a
    program to conduct research, development, demonstration,
    and commercialization of wind energy technologies in
    accordance with this subsection.
    (B) Purposes.--The purposes of the program are the
    following:
    (i) To improve the energy efficiency, cost
    effectiveness, reliability, resilience, security,
    siting, integration, manufacturability,
    installation, decommissioning, and recyclability
    of wind energy technologies.
    (ii) To optimize the performance and operation
    of wind energy components, turbines, and systems,
    including through the development of new
    materials, hardware, and software.

    [[Page 2499]]

    (iii) To optimize the design and adaptability
    of wind energy technologies to the broadest
    practical range of geographic, atmospheric,
    offshore, and other site conditions, including--
    (I) at varying hub heights; and
    (II) through the use of computer
    modeling.
    (iv) To support the integration of wind energy
    technologies with the electric grid and other
    energy technologies and systems.
    (v) To reduce the cost, risk, and other
    potential negative impacts across the lifespan of
    wind energy technologies, including--
    (I) manufacturing, siting,
    permitting, installation, operations,
    maintenance, decommissioning, and
    recycling; and
    (II) through the development of
    solutions to transportation barriers to
    wind components.
    (vi) To reduce and mitigate potential negative
    impacts of wind energy technologies on human
    communities, the environment, or commerce.
    (vii) To address barriers to the
    commercialization and export of wind energy
    technologies.
    (viii) To support the domestic wind industry,
    workforce, and supply chain.
    (C) <>  Targets.--Not
    later than 180 days after the date of enactment of this
    Act, the Secretary shall establish targets for the
    program relating to near-term (up to 2 years), mid-term
    (up to 7 years), and long-term (up to 15 years)
    challenges to the advancement of wind energy
    technologies, including onshore, offshore, distributed,
    and off-grid technologies.
    (2) Activities.--
    (A) Types of activities.--In carrying out the
    program, the Secretary shall carry out research,
    development, demonstration, and commercialization
    activities, including--
    (i) awarding grants and awards, on a
    competitive, merit-reviewed basis;
    (ii) performing precompetitive research and
    development;
    (iii) establishing or maintaining
    demonstration facilities and projects, including
    through stewardship of existing facilities such as
    the National Wind Test Center;
    (iv) providing technical assistance;
    (v) entering into contracts and cooperative
    agreements;
    (vi) providing small business vouchers;
    (vii) establishing prize competitions;
    (viii) conducting education and outreach
    activities;
    (ix) conducting professional development
    activities; and
    (x) conducting analyses, studies, and reports.
    (B) Subject areas.--The Secretary shall carry out
    research, development, demonstration, and
    commercialization activities in the following subject
    areas:
    (i) Wind power plant siting, performance,
    operations, and security.

    [[Page 2500]]

    (ii) New materials and designs relating to all
    hardware, software, and components of wind energy
    technologies, including technologies and
    strategies that reduce the use of energy, water,
    critical materials, and other commodities that are
    determined to be vulnerable to disruption.
    (iii) Advanced wind energy manufacturing and
    installation technologies and practices, including
    materials, processes, such as onsite or near site
    manufacturing, and design.
    (iv) Offshore wind-specific projects and
    plants, including--
    (I) fixed and floating substructure
    systems, materials, and components;
    (II) the operation of offshore
    facilities, such as--
    (aa) an offshore research
    facility to conduct research for
    oceanic, biological, geological,
    and atmospheric resource
    characterization relevant to
    offshore wind energy development
    in coordination with the ocean
    and atmospheric science
    communities; and
    (bb) an offshore support
    structure testing facility to
    conduct development,
    demonstration, and
    commercialization of large-scale
    and full-scale offshore wind
    energy support structure
    components and systems;
    (III) the monitoring and analysis of
    site and environmental considerations
    unique to offshore sites, including
    freshwater environments.
    (v) Integration of wind energy technologies
    with--
    (I) the electric grid, including
    transmission, distribution, microgrids,
    and distributed energy systems; and
    (II) other energy technologies,
    including--
    (aa) other generation
    sources;
    (bb) demand response
    technologies; and
    (cc) energy storage
    technologies.
    (vi) Methods to improve the lifetime,
    maintenance, decommissioning, recycling, reuse,
    and sustainability of wind energy components and
    systems, including technologies and strategies to
    reduce the use of energy, water, critical
    materials, and other valuable or harmful inputs.
    (vii) Wind power forecasting and atmospheric
    measurement systems, including for turbines and
    plant systems of varying height.
    (viii) Integrated wind energy systems, grid-
    connected and off-grid, that incorporate diverse--
    (I) generation sources;
    (II) loads; and
    (III) storage technologies.
    (ix) Reducing market barriers, including non-
    hardware and information-based barriers, to the
    adoption of wind energy technologies, such as
    impacts on, or challenges relating to--

    [[Page 2501]]

    (I) distributed wind technologies,
    including the development of best
    practices, models, and voluntary
    streamlined processes for local siting
    and permitting of distributed wind
    energy systems to reduce costs;
    (II) airspace;
    (III) military operations;
    (IV) radar;
    (V) local communities, with special
    consideration given to economically
    distressed areas, previously disturbed
    lands such as landfills and former
    mines, and other areas
    disproportionately impacted by
    environmental pollution;
    (VI) wildlife and wildlife habitats;
    and
    (VII) <>  any
    other appropriate matter, as determined
    by the Secretary.
    (x) Technologies or strategies to avoid,
    minimize, and offset the potential impacts of wind
    energy facilities on bird species, bat species,
    marine wildlife, and other sensitive species and
    habitats.
    (xi) <>  Advanced
    physics-based and data analysis computational
    tools, in coordination with the high-performance
    computing programs of the Department, to more
    efficiently design, site, permit, manufacture,
    install, operate, decommission, and recycle wind
    energy systems.
    (xii) Technologies for distributed wind,
    including micro, small, and medium turbines and
    the components of those turbines and their
    microgrid applications.
    (xiii) Transformational technologies for
    harnessing wind energy.
    (xiv) <>  Other research
    areas that advance the purposes of the program, as
    determined by the Secretary.
    (C) Prioritization.--In carrying out activities
    under the program, the Secretary shall, to the maximum
    extent practicable, give special consideration to--
    (i) projects that--
    (I) are located in a geographically
    diverse range of eligible entities;
    (II) support the development or
    demonstration of projects--
    (aa) in economically
    distressed areas and areas
    disproportionately impacted by
    pollution; and
    (bb) that provide the
    greatest potential to reduce
    energy costs, as well as promote
    accessibility and community
    implementation of demonstrated
    technologies;
    (III) can be replicated in a variety
    of regions and climates;
    (IV) include business
    commercialization plans that have the
    potential for--
    (aa) domestic manufacturing
    and production of wind energy
    technologies; or
    (bb) exports of wind energy
    technologies; and

    [[Page 2502]]

    (V) are carried out in collaboration
    with Tribal energy development
    organizations, Indian Tribes, Tribal
    organizations, Native Hawaiian
    community-based organizations, minority-
    serving institutions, or territories or
    freely associated States; and
    (ii) with regards to professional development,
    activities that expand the number of individuals
    from underrepresented groups pursuing and
    attaining skills relevant to wind energy.
    (D) Coordination.--To the maximum extent
    practicable, the Secretary shall coordinate activities
    under the program with other relevant programs and
    capabilities of the Department and other Federal
    research programs.
    (E) <>  Use of funds.--To the
    extent that funding is not otherwise available through
    other Federal programs or power purchase agreements,
    funding awarded for demonstration projects may be used
    for additional nontechnology costs, as determined to be
    appropriate by the Secretary, such as engineering or
    feasibility studies.
    (F) <>  Solicitation.--Not less
    than once every two years, the Secretary shall conduct a
    national solicitation for applications for demonstration
    projects under this section.
    (G) Report.--
    (i) In general.--Not later than 180 days after
    the date of the enactment of this Act, the
    Secretary shall submit to the Committee on
    Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and
    Natural Resources of the Senate a report on the
    potential for, and technical viability of,
    airborne wind energy systems to provide a
    significant source of energy in the United States.
    (ii) <>  Contents.--The report under paragraph (1)
    shall include a summary of research, development,
    demonstration, and commercialization needs,
    including an estimate of Federal funding
    requirements, to further examine and validate the
    technical and economic viability of airborne wind
    energy concepts over the 10-year period beginning
    on the date of the enactment of this Act.
    (3) Wind technician training grant program.--The Secretary
    may award grants, on a competitive basis, to eligible entities
    to purchase large pieces of wind component equipment, such as
    nacelles, towers, and blades, for use in training wind
    technician students in onshore or offshore wind applications.
    (4) Wind energy technology recycling research, development,
    and demonstration program.--
    (A) In general.--In addition to the program
    activities described in paragraph (2), in carrying out
    the program, the Secretary shall award financial
    assistance to eligible entities for research,
    development, and demonstration, and commercialization
    projects to create innovative and practical approaches
    to increase the reuse and recycling of wind energy
    technologies, including--
    (i) by increasing the efficiency and cost
    effectiveness of the recovery of raw materials
    from wind energy technology components and
    systems, including enabling technologies such as
    inverters;

    [[Page 2503]]

    (ii) by minimizing potential environmental
    impacts from the recovery and disposal processes;
    (iii) by advancing technologies and processes
    for the disassembly and recycling of wind energy
    devices;
    (iv) by developing alternative materials,
    designs, manufacturing processes, and other
    aspects of wind energy technologies and the
    disassembly and resource recovery process that
    enable efficient, cost effective, and
    environmentally responsible disassembly of, and
    resource recovery from, wind energy technologies;
    and
    (v) strategies to increase consumer acceptance
    of, and participation in, the recycling of wind
    energy technologies.
    (B) <>  Dissemination of
    results.--The Secretary shall make available to the
    public and the relevant committees of Congress the
    results of the projects carried out through financial
    assistance awarded under subparagraph (A), including--
    (i) development of best practices or training
    materials for use in the wind energy technology
    manufacturing, design, installation,
    decommissioning, or recycling industries;
    (ii) dissemination at industry conferences;
    (iii) <>  coordination
    with information dissemination programs relating
    to recycling of electronic devices in general;
    (iv) demonstration projects; and
    (v) educational materials.
    (C) Priority.--In carrying out the activities
    authorized under this subsection, the Secretary shall
    give special consideration to projects that recover
    critical materials.
    (D) Sensitive information.--In carrying out the
    activities authorized under this subsection, the
    Secretary shall ensure proper security controls are in
    place to protect proprietary or sensitive information,
    as appropriate.
    (5) Wind energy technology materials physical property
    database.--
    (A) <>  In general.--Not later than
    September 1, 2022, the Secretary shall establish a
    comprehensive physical property database of materials
    for use in wind energy technologies, which shall
    identify the type, quantity, country of origin, source,
    significant uses, projected availability, and physical
    properties of materials used in wind energy
    technologies.
    (B) Coordination.--In establishing the database
    described in subparagraph (A), the Secretary shall
    coordinate and, to the extent practicable, avoid
    duplication with--
    (i) other Department activities, including
    those carried out by the Office of Science;
    (ii) the Director of the National Institute of
    Standards and Technology;
    (iii) the Administrator of the Environmental
    Protection Agency;
    (iv) the Secretary of the Interior; and
    (v) relevant industry stakeholders, as
    determined by the Secretary.
    (6) Wind energy program strategic vision.--

    [[Page 2504]]

    (A) <>
    In general.--Not later than September 1, 2022, and every
    6 years thereafter, the Secretary shall submit to
    Congress a report on the strategic vision, progress,
    goals, and targets of the program, including assessments
    of wind energy markets and manufacturing.
    (B) <>  Preparation.--The
    Secretary shall coordinate the preparation of the report
    under subparagraph (A) with--
    (i) existing peer review processes;
    (ii) studies conducted by the National
    Laboratories; and
    (iii) the multiyear program planning required
    under section 994 of the Energy Policy Act of 2005
    (42 U.S.C. 16358).
    (7) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary to carry out the program
    $125,000,000 for each of fiscal years 2021 through 2025.
    SEC. 3004. <>  SOLAR ENERGY RESEARCH AND
    DEVELOPMENT.

    (a) Definitions.--In this section:
    (1) Critical material.--The term ``critical material'' has
    the meaning given the term in section 7002 of this Act.
    (2) Economically distressed area.--The term ``economically
    distressed area'' means an area described in section 301(a) of
    the Public Works and Economic Development Act of 1965 (42 U.S.C.
    3161(a)).
    (3) Eligible entity.--The term ``eligible entity'' means--
    (A) an institution of higher education, including a
    minority-serving institution;
    (B) a National Laboratory;
    (C) a Federal research agency;
    (D) a State research agency;
    (E) a research agency associated with a territory or
    freely associated state;
    (F) a Tribal energy development organization;
    (G) an Indian Tribe;
    (H) a Tribal organization;
    (I) a Native Hawaiian community-based organization;
    (J) a nonprofit research organization;
    (K) an industrial entity;
    (L) any other entity, as determined by the
    Secretary; and
    (M) a consortium of 2 or more entities described in
    subparagraphs (A) through (L).
    (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    (5) Institution of higher education.--The term ``institution
    of higher education'' has the meaning given the term in section
    101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
    (6) Minority-serving institution.--The term ``minority-
    serving institution'' has the meaning given the term ``eligible
    institution'' in section 371(a) of the Higher Education Act of
    1965 (20 U.S.C. 1067q(a)).
    (7) National laboratory.--The term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy
    Policy Act of 2005 (42 U.S.C. 15801(3)).

    [[Page 2505]]

    (8) Native hawaiian community-based organization.--The term
    ``Native Hawaiian community-based organization'' has the meaning
    given the term in section 6207 of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 7517).
    (9) Photovoltaic device.--The term ``photovoltaic device''
    means--
    (A) a device that converts light directly into
    electricity through a solid-state, semiconductor
    process;
    (B) the photovoltaic cells of a device described in
    subparagraph (A); and
    (C) the electronic and electrical components of a
    device described in subparagraph (A).
    (10) Program.--The term ``program'' means the program
    established under subsection (b)(1)(A).
    (11) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.
    (12) Solar energy.--The term ``solar energy'' means--
    (A) thermal or electric energy derived from
    radiation from the Sun; or
    (B) energy resulting from a chemical reaction caused
    by radiation recently originated in the Sun.
    (13) Territory or freely associated state.--The term
    ``territory or freely associated state'' has the meaning given
    the term ``insular area'' in section 1404 of the Food and
    Agriculture Act of 1977 (7 U.S.C. 3103).
    (14) Tribal energy development organization.--The term
    ``Tribal energy development organization'' has the meaning given
    the term ``tribal energy development organization'' in section
    2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
    (15) Tribal organization.--The term ``Tribal organization''
    has the meaning given the term in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304).

    (b) Solar Energy Technology Program.--
    (1) Establishment.--
    (A) In general.--The Secretary shall establish a
    program to conduct research, development, demonstration,
    and commercialization of solar energy technologies in
    accordance with this subsection.
    (B) Purposes.--The purposes of the program are the
    following:
    (i) To improve the energy efficiency, cost
    effectiveness, reliability, resilience, security,
    siting, integration, manufacturability,
    installation, decommissioning, and recyclability
    of solar energy technologies.
    (ii) To optimize the performance and operation
    of solar energy components, cells, and systems,
    and enabling technologies, including through the
    development of new materials, hardware, and
    software.
    (iii) To optimize the design and adaptability
    of solar energy systems to the broadest practical
    range of geographic and atmospheric conditions.
    (iv) To support the integration of solar
    energy technologies with the electric grid and
    complementary energy technologies.

    [[Page 2506]]

    (v) To create and improve the conversion of
    solar energy to other useful forms of energy or
    other products.
    (vi) To reduce the cost, risk, and other
    potential negative impacts across the lifespan of
    solar energy technologies, including
    manufacturing, siting, permitting, installation,
    operations, maintenance, decommissioning, and
    recycling.
    (vii) To reduce and mitigate potential life
    cycle negative impacts of solar energy
    technologies on human communities, wildlife, and
    wildlife habitats.
    (viii) To address barriers to the
    commercialization and export of solar energy
    technologies.
    (ix) To support the domestic solar industry,
    workforce, and supply chain.
    (C) <>  Targets.--Not
    later than 180 days after the date of enactment of this
    Act, the Secretary shall establish targets for the
    program to address near-term (up to 2 years), mid-term
    (up to 7 years), and long-term (up to 15 years)
    challenges to the advancement of all types of solar
    energy systems.
    (2) Activities.--
    (A) Types of activities.--In carrying out the
    program, the Secretary shall carry out research,
    development, demonstration, and commercialization
    activities, including--
    (i) awarding grants and awards, on a
    competitive, merit-reviewed basis;
    (ii) performing precompetitive research and
    development;
    (iii) establishing or maintaining
    demonstration facilities and projects, including
    through stewardship of existing facilities;
    (iv) providing technical assistance;
    (v) entering into contracts and cooperative
    agreements;
    (vi) providing small business vouchers;
    (vii) establishing prize competitions;
    (viii) conducting education and outreach
    activities;
    (ix) conducting workforce development
    activities; and
    (x) conducting analyses, studies, and reports.
    (B) Subject areas.--The Secretary shall carry out
    research, development, demonstration, and
    commercialization activities in the following subject
    areas:
    (i) Advanced solar energy technologies of
    varying scale and power production, including--
    (I) new materials, components,
    designs, and systems, including
    perovskites, cadmium telluride, and
    organic materials;
    (II) advanced photovoltaic and thin-
    film devices;
    (III) concentrated solar power;
    (IV) solar heating and cooling; and
    (V) enabling technologies for solar
    energy systems, including hardware and
    software.
    (ii) Solar energy technology siting,
    performance, installation, operations, resilience,
    and security.

    [[Page 2507]]

    (iii) Integration of solar energy technologies
    with--
    (I) the electric grid, including
    transmission, distribution, microgrids,
    and distributed energy systems;
    (II) other energy technologies,
    including--
    (aa) other generation
    sources;
    (bb) demand response
    technologies; and
    (cc) energy storage
    technologies; and
    (III) other applications, such as in
    the agriculture, transportation,
    buildings, industrial, and fuels
    sectors.
    (iv) Advanced solar energy manufacturing
    technologies and practices, including materials,
    processes, and design.
    (v) Methods to improve the lifetime,
    maintenance, decommissioning, recycling, reuse,
    and sustainability of solar energy components and
    systems, including technologies and strategies
    that reduce the use of energy, water, critical
    materials, and other commodities that are
    determined to be vulnerable to disruption.
    (vi) Solar energy forecasting, modeling, and
    atmospheric measurement systems, including for
    small-scale, large-scale, and aggregated systems.
    (vii) Integrated solar energy systems that
    incorporate diverse--
    (I) generation sources;
    (II) loads; and
    (III) storage technologies.
    (viii) Reducing market barriers, including
    nonhardware and information-based barriers, to the
    adoption of solar energy technologies, including
    impacts on, or challenges relating to--
    (I) distributed and community solar
    technologies, including the development
    of best practices, models, and voluntary
    streamlined processes for local siting
    and permitting of distributed solar
    energy systems to reduce costs;
    (II) local communities, with special
    consideration given to economically
    distressed areas, previously disturbed
    lands such as landfills and former
    mines, and other areas
    disproportionately impacted by
    environmental pollution;
    (III) wildlife and wildlife
    habitats; and
    (IV) <>  any
    other appropriate matter, as determined
    by the Secretary.
    (ix) Transformational technologies for
    harnessing solar energy.
    (x) <>  Other research
    areas that advance the purposes of the program, as
    determined by the Secretary.
    (C) Prioritization.--In carrying out activities
    under the program, the Secretary shall, to the maximum
    extent practicable, give priority to projects that--
    (i) are located in a geographically diverse
    range of eligible entities;
    (ii) support the development or demonstration
    of projects--

    [[Page 2508]]

    (I) in economically distressed areas
    and areas disproportionately impacted by
    pollution; or
    (II) that provide the greatest
    potential to reduce energy costs, as
    well as promote accessibility and
    community implementation of demonstrated
    technologies;
    (iii) can be replicated in a variety of
    regions and climates;
    (iv) include business commercialization plans
    that have the potential for--
    (I) domestic manufacturing and
    production of solar energy technologies;
    or
    (II) exports of solar energy
    technologies;
    (v) are carried out in collaboration with
    Tribal energy development organizations, Indian
    Tribes, Tribal organizations, Native Hawaiian
    community-based organizations, minority-serving
    institutions, or territories or freely associated
    States; and
    (vi) with regards to workforce development,
    activities that expand the number of individuals
    from underrepresented groups pursuing and
    attaining skills relevant to solar energy.
    (D) Coordination.--To the maximum extent
    practicable, the Secretary shall coordinate activities
    under the program with other relevant programs and
    capabilities of the Department and other Federal
    research programs.
    (E) Use of funds.--To the extent that funding is not
    otherwise available through other Federal programs or
    power purchase agreements, funding awarded for
    demonstration projects may be used for additional
    nontechnology costs, as determined to be appropriate by
    the Secretary, such as engineering or feasibility
    studies.
    (F) <>  Solicitation.--Not less
    than once every two years, the Secretary shall conduct a
    national solicitation for applications for demonstration
    projects under this section.
    (3) Advanced solar energy manufacturing initiative.--
    (A) Grants.--In addition to the program activities
    described in paragraph (2), in carrying out the program,
    the Secretary shall award financial assistance to
    eligible entities for research, development,
    demonstration, and commercialization projects to advance
    new solar energy manufacturing technologies and
    techniques.
    (B) Priority.--In awarding grants under subparagraph
    (A), to the extent practicable, the Secretary shall give
    priority to solar energy manufacturing projects that--
    (i) increase efficiency and cost effectiveness
    in--
    (I) the manufacturing process; and
    (II) the use of resources, such as
    energy, water, and critical materials;
    (ii) support domestic supply chains for
    materials and components;
    (iii) identify and incorporate nonhazardous
    alternative materials for components and devices;
    (iv) operate in partnership with Tribal energy
    development organizations, Indian Tribes, Tribal
    organizations, Native Hawaiian community-based

    [[Page 2509]]

    organizations, minority-serving institutions, or
    territories or freely associated states; or
    (v) are located in economically distressed
    areas.
    (C) <>  Evaluation.--Not later than 3 years
    after the date of enactment of this Act, and every 4
    years thereafter, the Secretary shall conduct, and make
    available to the public and the relevant committees of
    Congress, an independent review of the progress of the
    grants awarded under subparagraph (A).
    (4) Solar energy technology recycling research, development,
    and demonstration program.--
    (A) In general.--In addition to the program
    activities described in paragraph (2), in carrying out
    the program, the Secretary shall award financial
    assistance to eligible entities for research,
    development, demonstration, and commercialization
    projects to create innovative and practical approaches
    to increase the reuse and recycling of solar energy
    technologies, including--
    (i) by increasing the efficiency and cost
    effectiveness of the recovery of raw materials
    from solar energy technology components and
    systems, including enabling technologies such as
    inverters;
    (ii) by minimizing potential environmental
    impacts from the recovery and disposal processes;
    (iii) by advancing technologies and processes
    for the disassembly and recycling of solar energy
    devices;
    (iv) by developing alternative materials,
    designs, manufacturing processes, and other
    aspects of solar energy technologies and the
    disassembly and resource recovery process that
    enable efficient, cost effective, and
    environmentally responsible disassembly of, and
    resource recovery from, solar energy technologies;
    and
    (v) strategies to increase consumer acceptance
    of, and participation in, the recycling of
    photovoltaic devices.
    (B) <>  Dissemination of
    results.--The Secretary shall make available to the
    public and the relevant committees of Congress the
    results of the projects carried out through financial
    assistance awarded under subparagraph (A), including--
    (i) development of best practices or training
    materials for use in the photovoltaics
    manufacturing, design, installation, refurbishing,
    disposal, or recycling industries;
    (ii) dissemination at industry conferences;
    (iii) coordination with information
    dissemination programs relating to recycling of
    electronic devices in general;
    (iv) demonstration projects; and
    (v) educational materials.
    (C) Priority.--In carrying out the activities
    authorized under this subsection, the Secretary shall
    give special consideration to projects that recover
    critical materials.
    (D) Sensitive information.--In carrying out the
    activities authorized under this subsection, the
    Secretary shall ensure proper security controls are in
    place to protect proprietary or sensitive information,
    as appropriate.

    [[Page 2510]]

    (5) Solar energy technology materials physical property
    database.--
    (A) <>  In general.--Not later than
    September 1, 2022, the Secretary shall establish a
    comprehensive physical property database of materials
    for use in solar energy technologies, which shall
    identify the type, quantity, country of origin, source,
    significant uses, projected availability, and physical
    properties of materials used in solar energy
    technologies.
    (B) Coordination.--In establishing the database
    described in subparagraph (A), the Secretary shall
    coordinate with--
    (i) other Department activities, including
    those carried out by the Office of Science;
    (ii) the Director of the National Institute of
    Standards and Technology;
    (iii) the Administrator of the Environmental
    Protection Agency;
    (iv) the Secretary of the Interior; and
    (v) <>  relevant
    industry stakeholders, as determined by the
    Secretary.
    (6) Solar energy technology program strategic vision.--
    (A) <>  In general.--
    Not later than September 1, 2022, and every 6 years
    thereafter, the Secretary shall submit to Congress a
    report on the strategic vision, progress, goals, and
    targets of the program, including assessments of solar
    energy markets and manufacturing.
    (B) <>  Inclusion.--As a part of the
    report described in subparagraph (A), the Secretary
    shall include a study that examines the viable market
    opportunities available for solar energy technology
    manufacturing in the United States, including--
    (i) a description of--
    (I) the ability to competitively
    manufacture solar technology in the
    United States, including the manufacture
    of--
    (aa) new and advanced
    materials, such as cells made
    with new, high efficiency
    materials;
    (bb) solar module equipment
    and enabling technologies,
    including smart inverters,
    sensors, and tracking equipment;
    and
    (cc) innovative solar module
    designs and applications,
    including those that can
    directly integrate with new and
    existing buildings and other
    infrastructure; and
    (II) opportunities and barriers
    within the United States and
    international solar energy technology
    market;
    (ii) <>  policy
    recommendations for enhancing solar energy
    technology manufacturing in the United States;
    (iii) <>  a 10-year
    target and plan to enhance the competitiveness of
    solar energy technology manufacturing in the
    United States; and
    (iv) <>  any other
    research areas as determined by the Secretary.

    [[Page 2511]]

    (C) <>  Preparation.--The
    Secretary shall coordinate the preparation of the report
    under subparagraph (A) with--
    (i) existing peer review processes;
    (ii) studies conducted by the National
    Laboratories; and
    (iii) the multiyear program planning required
    under section 994 of the Energy Policy Act of 2005
    (42 U.S.C. 16358).
    (7) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary to carry out the program
    $300,000,000 for each of fiscal years 2021 through 2025.
    SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
    IMPROVEMENTS.

    (a) Hydroelectric Production Incentives.--Section 242 of the Energy
    Policy Act of 2005 (42 U.S.C. 15881) is amended--
    (1) in subsection (b), by striking paragraph (1) and
    inserting the following:
    ``(1) <>  Qualified hydroelectric
    facility.--The term `qualified hydroelectric facility' means a
    turbine or other generating device owned or solely operated by a
    non-Federal entity--
    ``(A) that generates hydroelectric energy for sale;
    and
    ``(B)(i) that is added to an existing dam or
    conduit; or
    ``(ii)(I) that has a generating capacity of not more
    than 20 megawatts;
    ``(II) for which the non-Federal entity has received
    a construction authorization from the Federal Energy
    Regulatory Commission, if applicable; and
    ``(III) that is constructed in an area in which
    there is inadequate electric service, as determined by
    the Secretary, including by taking into consideration--
    ``(aa) access to the electric grid;
    ``(bb) the frequency of electric outages; or
    ``(cc) the affordability of electricity.'';
    (2) in subsection (c), by striking ``10'' and inserting
    ``22'';
    (3) in subsection (e)(2), by striking ``section
    29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
    (4) in subsection (f), by striking ``20'' and inserting
    ``32''; and
    (5) in subsection (g), by striking ``each of the fiscal
    years 2006 through 2015'' and inserting ``each of fiscal years
    2021 through 2036''.

    (b) Hydroelectric Efficiency Improvement.--Section 243(c) of the
    Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking
    ``each of the fiscal years 2006 through 2015'' and inserting ``each of
    fiscal years 2021 through 2036''.
    SEC. 3006. CONFORMING AMENDMENTS.

    (a) Renewable Energy and Energy Efficiency Technology
    Competitiveness Act of 1989.--
    (1) National goals and multi-year funding.--Section 4 of the
    Renewable Energy and Energy Efficiency Technology
    Competitiveness Act of 1989 (42 U.S.C. 12003) is amended--
    (A) in the section heading, by striking ``wind,
    photovoltaics, and solar
    thermal'' and inserting ``alcohol from
    biomass and other technology'';
    (B) in subsection (a)--

    [[Page 2512]]

    (i) in the matter preceding paragraph (1), by
    striking ``wind, photovoltaics, and solar thermal
    energy'' and inserting ``alcohol from biomass and
    other energy technology'';
    (ii) by striking paragraphs (1) through (3);
    (iii) by redesignating paragraphs (4) and (5)
    as paragraphs (1) and (2), respectively; and
    (iv) in paragraph (2) (as so redesignated), by
    striking ``Ocean'' and inserting ``Marine''; and
    (C) in subsection (c)--
    (i) in the matter preceding paragraph (1)--
    (I) by striking ``the Wind Energy
    Research Program, the Photovoltaic
    Energy Systems Program, the Solar
    Thermal Energy Systems Program,''; and
    (II) by striking ``Ocean'' and
    inserting ``Marine'';
    (ii) in paragraph (1)--
    (I) by striking subparagraph (A);
    and
    (II) by redesignating subparagraphs
    (B) and (C) as subparagraphs (A) and
    (B), respectively; and
    (iii) in paragraph (2)--
    (I) by striking subparagraph (A);
    and
    (II) by redesignating subparagraphs
    (B) and (C) as subparagraphs (A) and
    (B), respectively.
    (2) Reports.--Section 9(c) of the Renewable Energy and
    Energy Efficiency Technology Competitiveness Act of 1989 (42
    U.S.C. 12006(c)) is amended by striking ``ocean,'' and inserting
    ``marine,''.

    (b) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42
    U.S.C. 15801 et seq.) is amended--
    (1) Assessment of renewable energy resources.--Section
    201(a) of the Energy Policy Act of 2005 (42 U.S.C. 15851(a)) is
    amended by striking ``ocean (including tidal, wave, current, and
    thermal)'' and inserting ``marine''.
    (2) Federal purchase requirement.--Section 203(b)(2) of the
    Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is amended--
    (A) by inserting ``marine energy (as defined in
    section 632 of the Energy Independence and Security Act
    of 2007), or'' before ``electric energy''; and
    (B) by striking ``ocean (including tidal, wave,
    current, and thermal),''.
    (3) Renewable energy.--Section 931 of the Energy Policy Act
    of 2005 (42 U.S.C. 16231) is amended--
    (A) in subsection (a)(2)--
    (i) by striking subparagraphs (A) and (B);
    (ii) by redesignating subparagraphs (C)
    through (E) as subparagraphs (A) through (C),
    respectively; and
    (iii) in subparagraph (C)(i) (as so
    redesignated), by striking ``ocean energy,
    including wave energy'' and inserting ``marine
    energy (as defined in section 632 of the Energy
    Independence and Security Act of 2007)'';
    (B) by striking subsection (d); and
    (C) by redesignating subsections (e) through (g) as
    subsections (d) through (f), respectively.

    [[Page 2513]]

    (c) Energy Policy Act of 1992.--Section 1212 of the Energy Policy
    Act of 1992 (42 U.S.C. 13317) is amended--
    (1) in subsection (a)(4)(A)(i), by striking ``ocean
    (including tidal, wave, current, and thermal)'' and inserting
    ``marine energy (as defined in section 632 of the Energy
    Independence and Security Act of 2007)'';
    (2) in subsection (b), in the matter preceding paragraph
    (1), by striking ``ocean (including tidal, wave, current, and
    thermal)'' and inserting ``marine energy (as defined in section
    632 of the Energy Independence and Security Act of 2007)''; and
    (3) in subsection (e)(1), in the first sentence, by striking
    ``ocean (including tidal, wave, current, and thermal)'' and
    inserting ``marine energy (as defined in section 632 of the
    Energy Independence and Security Act of 2007)''.

    (d) Federal Nonnuclear Energy Research and Development Act of
    1974.--Section 6(b)(3) of the Federal Nonnuclear Energy Research and
    Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended--
    (1) by striking subparagraph (L); and
    (2) by redesignating subparagraphs (M) through (S) as
    subparagraphs (L) through (R), respectively.

    (e) Solar Energy Research, Development, and Demonstration Act of
    1974.--
    (1) Repeal.--The Solar Energy Research, Development, and
    Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) <>  is repealed.
    (2) <>  Savings provision.--The
    repeal of the Solar Energy Research, Development, and
    Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) under
    paragraph (1) shall not affect the authority of the Secretary of
    Energy to conduct research and development on solar energy.

    (f) Solar Photovoltaic Energy Research, Development, and
    Demonstration Act of 1978.--The Solar Photovoltaic Energy Research,
    Development, and Demonstration Act of 1978 (42 U.S.C. 5581 et
    seq.) <>  is repealed.

    (g) Energy Independence and Security Act of 2007.--
    (1) Repeals.--Sections 606 and 607 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17174, 17175)
    are repealed.
    (2) Conforming amendment.--The table of contents in section
    1(b) of the Energy Independence and Security Act of 2007 (Public
    Law 110-140; 121 Stat. 1495) is amended by striking the items
    relating to sections 606 and 607.

    Subtitle B--Natural Resources Provisions

    SEC. 3101. <>  DEFINITIONS.

    In this subtitle:
    (1) Covered land.--The term ``covered land'' means land that
    is--
    (A) Federal lands administered by the Secretary
    concerned; and
    (B) not excluded from the development of geothermal,
    solar, or wind energy under--
    (i) a land use plan; or

    [[Page 2514]]

    (ii) other Federal law.
    (2) Federal land.--The term ``Federal land'' means--
    (A) public land as defined by section 103 of the
    Federal Land Policy Management Act of 1976 (43 U.S.C.
    1702); or
    (B) land of the National Forest System (as defined
    in section 11(a) of the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1609(a))).
    (3) Land use plan.--The term ``land use plan'' means--
    (A) for public land, a land use plan established
    under the Federal Land Policy and Management Act of 1976
    (43 U.S.C. 1701 et seq.); and
    (B) for National Forest System land, a land
    management plan approved, amended, or revised under
    section 6 of the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1604).
    (4) Eligible project.--The term ``eligible project'' means a
    project carried out on covered land that uses wind, solar, or
    geothermal energy to generate energy.
    (5) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    SEC. 3102. <>  PROGRAM TO IMPROVE ELIGIBLE
    PROJECT PERMIT COORDINATION.

    (a) <>  Establishment.--The Secretary shall
    establish a national Renewable Energy Coordination Office and State,
    district, or field offices, as appropriate, with responsibility to
    establish and implement a program to improve Federal permit coordination
    with respect to eligible projects on covered land and such other
    activities as the Secretary determines necessary. In carrying out the
    program, the Secretary may temporarily assign qualified staff to
    Renewable Energy Coordination Offices to expedite the permitting of
    eligible projects.

    (b) Memorandum of Understanding.--
    (1) <>  In general.--Not later than 180
    days after the date of the enactment of this Act, the Secretary
    shall enter into a memorandum of understanding for purposes of
    this section with--
    (A) the Secretary of Agriculture;
    (B) the Administrator of the Environmental
    Protection Agency; and
    (C) the Secretary of Defense.
    (2) State and tribal participation.--The Secretary may
    request the Governor of any interested State or any Tribal
    leader of any interested Indian Tribe (as defined in section 4
    of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 5304)) to be a signatory to the memorandum of
    understanding under paragraph (1).

    (c) Designation of Qualified Staff.--
    (1) <>  In general.--Not later than 30 days
    after the date on which the memorandum of understanding under
    subsection (b) is executed, all Federal signatories, as
    appropriate, shall identify for each of the Bureau of Land
    Management Renewable Energy Coordination Offices one or more
    employees who have expertise in the regulatory issues relating
    to the office in which the employee is employed, including, as
    applicable, particular expertise in--

    [[Page 2515]]

    (A) <>  consultation regarding,
    and preparation of, biological opinions under section 7
    of the Endangered Species Act of 1973 (16 U.S.C. 1536);
    (B) permits under section 404 of the Federal Water
    Pollution Control Act (33 U.S.C. 1344);
    (C) regulatory matters under the Clean Air Act (42
    U.S.C. 7401 et seq.);
    (D) the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1701 et seq.);
    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
    seq.);
    (F) <>  the preparation of analyses
    under the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.);
    (G) implementation of the requirements of section
    306108 of title 54, United States Code (formerly known
    as section 106 of the National Historic Preservation
    Act);
    (H) planning under section 14 of the National Forest
    Management Act of 1976 (16 U.S.C. 472a);
    (I) developing geothermal resources under the
    Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.);
    (J) the Act of June 8, 1940 (16 U.S.C. 668 et seq.,
    popularly known as the Bald and Golden Eagle Protection
    Act); and
    (K) section 100101(a), chapter 1003, and sections
    100751(a), 100752, 100753 and 102101 of title 54, United
    States Code (previously known as the National Park
    Service Organic Act).
    (2) Duties.--Each employee assigned under paragraph (1)
    shall--
    (A) be responsible for addressing all issues
    relating to the jurisdiction of the home office or
    agency of the employee; and
    (B) participate as part of the team of personnel
    working on proposed energy projects, planning,
    monitoring, inspection, enforcement, and environmental
    analyses.

    (d) Additional Personnel.--The Secretary may assign such additional
    personnel for the Bureau of Land Management Renewable Energy
    Coordination Offices as are necessary to ensure the effective
    implementation of any programs administered by the offices in accordance
    with the multiple use mandate of the Federal Land Policy and Management
    Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Transfer of Funds.--To facilitate the coordination and
    processing of eligible project permits on Federal land under the
    Renewable Energy Coordination Offices, the Secretary may authorize the
    expenditure or transfer of any funds that are necessary to--
    (1) the United States Fish and Wildlife Service;
    (2) the Bureau of Indian Affairs;
    (3) the Forest Service;
    (4) the Corps of Engineers;
    (5) the National Park Service;
    (6) the Environmental Protection Agency; or
    (7) the Department of Defense.

    (f) Report to Congress.--
    (1) <>  In general.--Not later than
    February 1 of the first fiscal year beginning after the date of
    the enactment of this Act, and each February 1 thereafter, the
    Secretary shall submit

    [[Page 2516]]

    to the Committee on Energy and Natural Resources and the
    Committee on Environment and Public Works of the Senate and the
    Committee on Natural Resources of the House of Representatives a
    report describing the progress made under the program
    established under subsection (a) during the preceding year.
    (2) Inclusions.--Each report under this subsection shall
    include--
    (A) projections for renewable energy production and
    capacity installations; and
    (B) a description of any problems relating to
    leasing, permitting, siting, or production.
    SEC. 3103. <>  INCREASING ECONOMIC CERTAINTY.

    (a) Considerations.--The Secretary may consider acreage rental
    rates, capacity fees, and other recurring annual fees in total when
    evaluating existing rates paid for the use of Federal land by eligible
    projects.
    (b) Reductions in Base Rental Rates.--The Secretary may reduce
    acreage rental rates and capacity fees, or both, for existing and new
    wind and solar authorizations if the Secretary determines--
    (1) that the existing rates--
    (A) exceed fair market value;
    (B) impose economic hardships;
    (C) limit commercial interest in a competitive lease
    sale or right-of-way grant; or
    (D) are not competitively priced compared to other
    available land; or
    (2) that a reduced rental rate or capacity fee is necessary
    to promote the greatest use of wind and solar energy resources.
    SEC. 3104. <>  NATIONAL GOAL FOR RENEWABLE
    ENERGY PRODUCTION ON FEDERAL LAND.

    (a) <>  In General.--Not later than
    September 1, 2022, the Secretary shall, in consultation with the
    Secretary of Agriculture and other heads of relevant Federal agencies,
    establish national goals for renewable energy production on Federal
    land.

    (b) <>  Minimum Production Goal.--The Secretary
    shall seek to issue permits that, in total, authorize production of not
    less than 25 gigawatts of electricity from wind, solar, and geothermal
    energy projects by not later than 2025, through management of public
    lands and administration of Federal laws.
    SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON
    OIL AND GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 1003(b))
    is amended by adding at the end the following:
    ``(4) Land subject to oil and gas lease.--Land under an oil
    and gas lease issued pursuant to the Mineral Leasing Act (30
    U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired
    Lands (30 U.S.C. 351 et seq.) that is subject to an approved
    application for permit to drill and from which oil and gas
    production is occurring may be available for noncompetitive
    leasing under subsection (c) by the holder of the oil and gas
    lease--

    [[Page 2517]]

    ``(A) on a determination that geothermal energy will
    be produced from a well producing or capable of
    producing oil and gas; and
    ``(B) to provide for the coproduction of geothermal
    energy with oil and gas.''.
    SEC. 3106. <>  SAVINGS CLAUSE.

    Notwithstanding any other provision of this subtitle, the Secretary
    of the Interior and the Secretary of Agriculture shall continue to
    manage public lands under the principles of multiple use and sustained
    yield in accordance with the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively,
    including for due consideration of mineral and nonrenewable energy-
    related projects and other nonrenewable energy uses, for the purposes of
    land use planning, permit processing, and conducting environmental
    reviews.

    Subtitle C--Energy Storage

    SEC. 3201. <>  BETTER ENERGY STORAGE
    TECHNOLOGY.

    (a) Definitions.--In this section:
    (1) Energy storage system.--The term ``energy storage
    system'' means any system, equipment, facility, or technology
    that--
    (A) is capable of absorbing or converting energy,
    storing the energy for a period of time, and dispatching
    the energy; and
    (B)(i) uses mechanical, electrochemical, thermal,
    electrolysis, or other processes to convert and store
    electric energy that was generated at an earlier time
    for use at a later time;
    (ii) uses mechanical, electrochemical, biochemical,
    or thermal processes to convert and store energy
    generated from mechanical processes that would otherwise
    be wasted, for delivery at a later time; or
    (iii) stores energy in an electric, thermal, or
    gaseous state for direct use for heating or cooling at a
    later time in a manner that avoids the need to use
    electricity or other fuel sources at that later time,
    such as a grid-enabled water heater.
    (2) Program.--The term ``program'' means the Energy Storage
    System Research, Development, and Deployment Program established
    under subsection (b)(1).
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.

    (b) Energy Storage System Research, Development, and Deployment
    Program.--
    (1) <>  Establishment.--Not later than 180
    days after the date of enactment of this Act, the Secretary
    shall establish a program, to be known as the Energy Storage
    System Research, Development, and Deployment Program.
    (2) Initial program objectives.--The program shall focus on
    research, development, and deployment of--
    (A) energy storage systems, components, and
    materials designed to further the development of
    technologies--

    [[Page 2518]]

    (i) for large-scale commercial deployment;
    (ii) for deployment at cost targets
    established by the Secretary;
    (iii) for hourly and subhourly durations
    required to provide reliability services to the
    grid;
    (iv) for daily durations, which have the
    capacity to discharge energy for a minimum of 6
    hours;
    (v) for weekly or monthly durations, which
    have the capacity to discharge energy for 10 to
    100 hours, at a minimum; and
    (vi) for seasonal durations, which have the
    capability to address seasonal variations in
    supply and demand;
    (B) distributed energy storage technologies and
    applications, including building-grid integration;
    (C) long-term cost, performance, and demonstration
    targets for different types of energy storage systems
    and for use in a variety of regions, including rural
    areas;
    (D) transportation energy storage technologies and
    applications, including vehicle-grid integration;
    (E) cost-effective systems and methods for--
    (i) the sustainable and secure sourcing,
    reclamation, recycling, and disposal of energy
    storage systems, including critical minerals; and
    (ii) the reuse and repurposing of energy
    storage system technologies;
    (F) advanced control methods for energy storage
    systems;
    (G) pumped hydroelectric energy storage systems to
    advance--
    (i) adoption of innovative technologies,
    including--
    (I) systems with adjustable-speed
    and other new pumping and generating
    equipment designs;
    (II) modular systems;
    (III) closed-loop systems, including
    mines and quarries; and
    (IV) <>  other
    innovative equipment and materials as
    determined by the Secretary; and
    (ii) reductions of civil works costs and
    construction times for hydropower and pumped
    storage systems, including comprehensive data and
    systems analysis of hydropower and pumped storage
    construction technologies and processes in order
    to identify areas for whole-system efficiency
    gains;
    (H) models and tools to demonstrate the costs and
    benefits of energy storage to--
    (i) power and water supply systems;
    (ii) electric generation portfolio
    optimization; and
    (iii) expanded deployment of other renewable
    energy technologies, including in integrated
    energy storage systems;
    (I) energy storage use cases from individual and
    combination technology applications, including value
    from various-use cases and energy storage services; and
    (J) advanced manufacturing technologies that have
    the potential to improve United States competitiveness
    in

    [[Page 2519]]

    energy storage manufacturing or reduce United States
    dependence on critical materials.
    (3) <>  Testing and validation.--In
    coordination with 1 or more National Laboratories, the Secretary
    shall support the development, standardized testing, and
    validation of energy storage systems under the program,
    including test-bed and field trials, by developing testing and
    evaluation methodologies for--
    (A) storage technologies, controls, and power
    electronics for energy storage systems under a variety
    of operating conditions;
    (B) standardized and grid performance testing for
    energy storage systems, materials, and technologies
    during each stage of development;
    (C) reliability, safety, degradation, and durability
    testing under standard and evolving duty cycles; and
    (D) accelerated life testing protocols to predict
    estimated lifetime metrics with accuracy.
    (4) Periodic evaluation of program objectives.--Not less
    frequently than once every calendar year, the Secretary shall
    evaluate and, if necessary, update the program objectives to
    ensure that the program continues to advance energy storage
    systems toward widespread commercial deployment by lowering the
    costs and increasing the duration of energy storage resources.
    (5) Energy storage strategic plan.--
    (A) <>  In general.--The
    Secretary shall develop a 10-year strategic plan for the
    program, and update the plan, in accordance with this
    paragraph.
    (B) Contents.--The strategic plan developed under
    subparagraph (A) shall--
    (i) <>  be coordinated
    with and integrated across other relevant offices
    in the Department;
    (ii) to the extent practicable, include
    metrics that can be used to evaluate storage
    technologies;
    (iii) identify Department programs that--
    (I) support the research and
    development activities described in
    paragraph (2) and the demonstration
    projects under subsection (c); and
    (II)(aa) do not support the
    activities or projects described in
    subclause (I); but
    (bb) are important to the
    development of energy storage systems
    and the mission of the Department, as
    determined by the Secretary;
    (iv) include expected timelines for--
    (I) the accomplishment of relevant
    objectives under current programs of the
    Department relating to energy storage
    systems; and
    (II) the commencement of any new
    initiatives within the Department
    relating to energy storage systems to
    accomplish those objectives; and
    (v) incorporate relevant activities described
    in the Grid Modernization Initiative Multi-Year
    Program Plan.
    (C) <>  Submission to congress.--
    Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to the Committee on
    Energy and Natural Resources

    [[Page 2520]]

    of the Senate and the Committees on Energy and Commerce
    and Science, Space, and Technology of the House of
    Representatives the strategic plan developed under
    subparagraph (A).
    (D) Updates to plan.--The Secretary--
    (i) <>  shall
    annually review the strategic plan developed under
    subparagraph (A); and
    (ii) may periodically revise the strategic
    plan as appropriate.
    (6) Leveraging of resources.--The program may be led by a
    specific office of the Department, but shall be cross-cutting in
    nature, so that in carrying out activities under the program,
    the Secretary (or a designee of the Secretary charged with
    leading the program) shall leverage existing Federal resources,
    including, at a minimum, the expertise and resources of--
    (A) the Office of Electricity;
    (B) the Office of Energy Efficiency and Renewable
    Energy, including the Water Power Technologies Office;
    and
    (C) the Office of Science, including--
    (i) the Basic Energy Sciences Program;
    (ii) the Advanced Scientific Computing
    Research Program;
    (iii) the Biological and Environmental
    Research Program; and
    (D) the Electricity Storage Research Initiative
    established under section 975 of the Energy Policy Act
    of 2005 (42 U.S.C. 16315).
    (7) Protecting privacy and security.--In carrying out this
    subsection, the Secretary shall identify, incorporate, and
    follow best practices for protecting the privacy of individuals
    and businesses and the respective sensitive data of the
    individuals and businesses, including by managing privacy risk
    and implementing the Fair Information Practice Principles of the
    Federal Trade Commission for the collection, use, disclosure,
    and retention of individual electric consumer information in
    accordance with the Office of Management and Budget Circular A-
    130 (or successor circulars).

    (c) Energy Storage Demonstration Projects; Pilot Grant Program.--
    (1) <>  Demonstration
    projects.--Not later than September 30, 2023, the Secretary
    shall, to the maximum extent practicable, enter into agreements
    to carry out 3 energy storage system demonstration projects,
    including at least 1 energy storage system demonstration project
    designed to further the development of technologies described in
    clause (v) or (vi) of subsection (b)(2)(A).
    (2) Energy storage pilot grant program.--
    (A) Definition of eligible entity.--In this
    paragraph, the term ``eligible entity'' means--
    (i) a State energy office (as defined in
    section 124(a) of the Energy Policy Act of 2005
    (42 U.S.C. 15821(a)));
    (ii) an Indian Tribe (as defined in section 4
    of the Native American Housing Assistance and
    Self-Determination Act of 1996 (25 U.S.C. 4103);

    [[Page 2521]]

    (iii) a Tribal organization (as defined in
    section 3765 of title 38, United States Code);
    (iv) an institution of higher education (as
    defined in section 101 of the Higher Education Act
    of 1965 (20 U.S.C. 1001));
    (v) an electric utility, including--
    (I) an electric cooperative;
    (II) a political subdivision of a
    State, such as a municipally owned
    electric utility, or any agency,
    authority, corporation, or
    instrumentality of a State political
    subdivision; and
    (III) an investor-owned utility; and
    (vi) a private energy storage company.
    (B) Establishment.--The Secretary shall establish a
    competitive grant program under which the Secretary
    shall award grants to eligible entities to carry out
    demonstration projects for pilot energy storage systems.
    (C) Selection requirements.--In selecting eligible
    entities to receive a grant under subparagraph (B), the
    Secretary shall, to the maximum extent practicable--
    (i) ensure regional diversity among eligible
    entities awarded grants, including ensuring
    participation of eligible entities that are rural
    States and States with high energy costs;
    (ii) ensure that grants are awarded for
    demonstration projects that--
    (I) expand on the existing
    technology demonstration programs of the
    Department;
    (II) are designed to achieve 1 or
    more of the objectives described in
    subparagraph (D); and
    (III) inject or withdraw energy from
    the bulk power system, electric
    distribution system, building energy
    system, or microgrid (grid-connected or
    islanded mode) where the project is
    located;
    (iii) give consideration to proposals from
    eligible entities for securing energy storage
    through competitive procurement or contract for
    service; and
    (iv) prioritize projects that leverage
    matching funds from non-Federal sources.
    (D) Objectives.--Each demonstration project carried
    out by a grant awarded under subparagraph (B) shall have
    1 or more of the following objectives:
    (i) To improve the security of critical
    infrastructure and emergency response systems.
    (ii) To improve the reliability of
    transmission and distribution systems,
    particularly in rural areas, including high-energy
    cost rural areas.
    (iii) To optimize transmission or distribution
    system operation and power quality to defer or
    avoid costs of replacing or upgrading electric
    grid infrastructure, including transformers and
    substations.
    (iv) To supply energy at peak periods of
    demand on the electric grid or during periods of
    significant variation of electric grid supply.
    (v) To reduce peak loads of homes and
    businesses.

    [[Page 2522]]

    (vi) To improve and advance power conversion
    systems.
    (vii) To provide ancillary services for grid
    stability and management.
    (viii) To integrate renewable energy resource
    production.
    (ix) To increase the feasibility of microgrids
    (grid-connected or islanded mode).
    (x) To enable the use of stored energy in
    forms other than electricity to support the
    natural gas system and other industrial processes.
    (xi) To integrate fast charging of electric
    vehicles.
    (xii) To improve energy efficiency.
    (3) <>  Reports.--Not less
    frequently than once every 3 years for the duration of the
    programs under paragraphs (1) and (2), the Secretary shall
    submit to Congress and make publicly available a report
    describing the performance of those programs.
    (4) No project ownership interest.--The Federal Government
    shall not hold any equity or other ownership interest in any
    energy storage system that is part of a project under this
    subsection unless the holding is agreed to by each participant
    of the project.

    (d) Long-duration Demonstration Initiative and Joint Program.--
    (1) Definitions.--In this subsection:
    (A) Initiative.--The term ``Initiative'' means the
    demonstration initiative established under paragraph
    (2).
    (B) Joint program.--The term ``Joint Program'' means
    the joint program established under paragraph (4).
    (2) <>  Establishment of initiative.--Not
    later than 180 days after the date of enactment of this Act, the
    Secretary shall establish a demonstration initiative composed of
    demonstration projects focused on the development of long-
    duration energy storage technologies.
    (3) Selection of projects.--To the maximum extent
    practicable, in selecting demonstration projects to participate
    in the Initiative, the Secretary shall--
    (A) ensure a range of technology types;
    (B) ensure regional diversity among projects; and
    (C) consider bulk power level, distribution power
    level, behind-the-meter, microgrid (gridconnected or
    islanded mode), and off-grid applications.
    (4) Joint program.--
    (A) <>  Establishment.--As part
    of the Initiative, the Secretary, in consultation with
    the Secretary of Defense, shall establish within the
    Department a joint program to carry out projects--
    (i) to demonstrate promising long-duration
    energy storage technologies at different scales;
    and
    (ii) to help new, innovative long-duration
    energy storage technologies become commercially
    viable.
    (B) <>  Memorandum of
    understanding.--Not later than 200 days after the date
    of enactment of this Act, the Secretary shall enter into
    a memorandum of understanding with the Secretary of
    Defense to administer the Joint Program.

    [[Page 2523]]

    (C) Infrastructure.--In carrying out the Joint
    Program, the Secretary and the Secretary of Defense
    shall--
    (i) use existing test-bed infrastructure at--
    (I) Department facilities; and
    (II) Department of Defense
    installations; and
    (ii) develop new infrastructure for identified
    projects, if appropriate.
    (D) Goals and metrics.--The Secretary and the
    Secretary of Defense shall develop goals and metrics for
    technological progress under the Joint Program
    consistent with energy resilience and energy security
    policies.
    (E) Selection of projects.--
    (i) In general.--To the maximum extent
    practicable, in selecting projects to participate
    in the Joint Program, the Secretary and the
    Secretary of Defense shall--
    (I) ensure that projects are carried
    out under conditions that represent a
    variety of environments with different
    physical conditions and market
    constraints; and
    (II) ensure an appropriate balance
    of--
    (aa) larger, higher-cost
    projects; and
    (bb) smaller, lower-cost
    projects.
    (ii) Priority.--In carrying out the Joint
    Program, the Secretary and the Secretary of
    Defense shall give priority to demonstration
    projects that--
    (I) <>
    make available to the public project
    information that will accelerate
    deployment of long-duration energy
    storage technologies; and
    (II) will be carried out in the
    field.

    (e) Critical Material Recycling and Reuse Research, Development, and
    Demonstration Program.--The United States Energy Storage Competitiveness
    Act of 2007 (42 U.S.C. 17231) is amended by adding at the end the
    following:
    ``(q) Critical Material Recycling and Reuse Research, Development,
    and Demonstration Program.--
    ``(1) Definitions.--In this subsection:
    ``(A) Critical material.--The term `critical
    material' has the meaning given the term in 7002 of the
    Energy Act of 2020.
    ``(B) Critical material recycling.--The term
    `critical material recycling' means the separation and
    recovery of critical materials embedded within an energy
    storage system through physical or chemical means for
    the purpose of reuse of those critical materials in
    other technologies.
    ``(2) <>  Establishment.--Not later than
    180 days after the date of enactment of this subsection, the
    Secretary shall establish a research, development, and
    demonstration program for critical material recycling and reuse
    of energy storage systems containing critical materials.
    ``(3) Research, development, and demonstration.--In carrying
    out the program established under paragraph (1), the Secretary
    shall conduct--
    ``(A) research, development, and demonstration
    activities for--

    [[Page 2524]]

    ``(i) technologies, process improvements, and
    design optimizations that facilitate and promote
    critical material recycling of energy storage
    systems, including separation and sorting of
    component materials of such systems, and
    extraction, recovery, and reuse of critical
    materials from such systems;
    ``(ii) technologies and methods that mitigate
    emissions and environmental impacts that arise
    from critical material recycling, including
    disposal of toxic reagents and byproducts related
    to critical material recycling processes;
    ``(iii) technologies to enable extraction,
    recovery, and reuse of energy storage systems from
    electric vehicles and critical material recycling
    from such vehicles; and
    ``(iv) technologies and methods to enable the
    safe transport, storage, and disposal of energy
    storage systems containing critical materials,
    including waste materials and components recovered
    during the critical material recycling process;
    and
    ``(B) research on nontechnical barriers to improve
    the collection and critical material recycling of energy
    storage systems, including strategies to improve
    consumer education of, acceptance of, and participation
    in, the critical material recycling of energy storage
    systems.
    ``(4) Report to congress.--Not later than 2 years after the
    date of enactment of this subsection, and every 3 years
    thereafter, the Secretary shall submit to the Committee on
    Science, Space, and Technology and the Committee on Energy and
    Commerce of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report summarizing
    the activities, findings, and progress of the program.''.

    (f) Coordination.--To the maximum extent practicable, the Secretary
    shall coordinate the activities under this section (including activities
    conducted pursuant to the amendments made by this section) among the
    offices and employees of the Department, other Federal agencies, and
    other relevant entities--
    (1) to ensure appropriate collaboration;
    (2) to avoid unnecessary duplication of those activities;
    and
    (3) to increase domestic manufacturing and production of
    energy storage systems, such as those within the Department and
    within the National Institute of Standards and Technology.

    (g) Authorization of Appropriations.--There are authorized to be
    appropriated--
    (1) to carry out subsection (b), $100,000,000 for each of
    fiscal years 2021 through 2025, to remain available until
    expended;
    (2) to carry out subsection (c), $71,000,000 for each of
    fiscal years 2021 through 2025, to remain available until
    expended; and
    (3) to carry out subsection (d), $30,000,000 for each of
    fiscal years 2021 through 2025, to remain available until
    expended.

    [[Page 2525]]

    SEC. 3202. <>  ENERGY STORAGE TECHNOLOGY AND
    MICROGRID ASSISTANCE PROGRAM.

    (a) Definitions.--In this section:
    (1) Eligible entity.--The term ``eligible entity'' means--
    (A) a rural electric cooperative;
    (B) an agency, authority, or instrumentality of a
    State or political subdivision of a State that sells or
    otherwise uses electrical energy to provide electric
    services for customers; or
    (C) a nonprofit organization working with at least 6
    entities described in subparagraph (A) or (B).
    (2) Energy storage technology.--The term ``energy storage
    technology'' includes grid-enabled water heaters, building
    heating or cooling systems, electric vehicles, the production of
    hydrogen for transportation or industrial use, or other
    technologies that store energy.
    (3) Microgrid.--The term ``microgrid'' means a localized
    grid that operates autonomously regardless of whether the grid
    can operate in connection with another grid.
    (4) Renewable energy source.--The term ``renewable energy
    source'' has the meaning given the term in section 609(a) of the
    Public Utility Regulatory Policies Act of 1978 (7 U.S.C.
    918c(a)).
    (5) Rural electric cooperative.--The term ``rural electric
    cooperative'' means an electric cooperative (as defined in
    section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
    electric energy to persons in rural areas.
    (6) Secretary.--The term ``Secretary'' means the Secretary
    of Energy.

    (b) <>  In General.--Not later than 180 days after
    the date of the enactment of this Act, the Secretary shall establish a
    program under which the Secretary shall--
    (1) provide grants to eligible entities under subsection
    (d);
    (2) provide technical assistance to eligible entities under
    subsection (e); and
    (3) disseminate information to eligible entities on--
    (A) the activities described in subsections (d)(1)
    and (e); and
    (B) potential and existing energy storage technology
    and microgrid projects.

    (c) Cooperative Agreement.--The Secretary may enter into a
    cooperative agreement with an eligible entity to carry out subsection
    (b).
    (d) Grants.--
    (1) In general.--The Secretary may award grants to eligible
    entities for identifying, evaluating, designing, and
    demonstrating energy storage technology and microgrid projects
    that utilize energy from renewable energy sources.
    (2) Application.--To be eligible to receive a grant under
    paragraph (1), an eligible entity shall submit to the Secretary
    an application at such time, in such manner, and containing such
    information as the Secretary may require.
    (3) Use of grant.--An eligible entity that receives a grant
    under paragraph (1)--
    (A) shall use the grant--

    [[Page 2526]]

    (i) to conduct feasibility studies to assess
    the potential for implementation or improvement of
    energy storage technology or microgrid projects;
    (ii) <>  to analyze and
    implement strategies to overcome barriers to
    energy storage technology or microgrid project
    implementation, including financial, contracting,
    siting, and permitting barriers;
    (iii) to conduct detailed engineering of
    energy storage technology or microgrid projects;
    (iv) <>  to perform a
    cost-benefit analysis with respect to an energy
    storage technology or microgrid project;
    (v) <>  to plan for both the
    short- and long-term inclusion of energy storage
    technology or microgrid projects into the future
    development plans of the eligible entity; or
    (vi) to purchase and install necessary
    equipment, materials, and supplies for
    demonstration of emerging technologies; and
    (B) may use the grant to obtain technical assistance
    from experts in carrying out the activities described in
    subparagraph (A).
    (4) Condition.--As a condition of receiving a grant under
    paragraph (1), an eligible entity shall--
    (A) <>
    implement a public awareness campaign, in coordination
    with the Secretary, about the project implemented under
    the grant in the community in which the eligible entity
    is located, which campaign shall include providing
    projected environmental benefits achieved under the
    project, where to find more information about the
    program established under this section, and any other
    information the Secretary determines necessary;
    (B) <>  submit to the
    Secretary, and make available to the public, a report
    that describes--
    (i) any energy cost savings and environmental
    benefits achieved under the project; and
    (ii) the results of the project, including
    quantitative assessments to the extent
    practicable, associated with each activity
    described in paragraph (3)(A); and
    (C) create and disseminate tools and resources that
    will benefit other rural electric cooperatives, which
    may include cost calculators, guidebooks, handbooks,
    templates, and training courses.
    (5) Cost-share.--Activities under this subsection shall be
    subject to the cost-sharing requirements of section 988 of the
    Energy Policy Act of 2005 (42 U.S.C. 16352).

    (e) Technical Assistance.--
    (1) In general.--In carrying out the program established
    under subsection (b), the Secretary may provide eligible
    entities with technical assistance relating to--
    (A) identifying opportunities for energy storage
    technology and microgrid projects;
    (B) understanding the technical and economic
    characteristics of energy storage technology or
    microgrid projects;
    (C) understanding financing alternatives;
    (D) permitting and siting issues;

    [[Page 2527]]

    (E) obtaining case studies of similar and successful
    energy storage technology or microgrid projects;
    (F) <>  reviewing and
    obtaining computer software for assessment, design, and
    operation and maintenance of energy storage technology
    or microgrid systems; and
    (G) understanding and utilizing the reliability and
    resiliency benefits of energy storage technology and
    microgrid projects.
    (2) <>  External contracts.--In
    carrying out paragraph (1), the Secretary may enter into
    contracts with third-party experts, including engineering,
    finance, and insurance experts, to provide technical assistance
    to eligible entities relating to the activities described in
    such paragraph, or other relevant activities, as determined by
    the Secretary.

    (f) Authorization of Appropriations.--
    (1) In general.--There is authorized to be appropriated to
    carry out this section $15,000,000 for each of fiscal years 2021
    through 2025.
    (2) Administrative costs.--Not more than 5 percent of the
    amount appropriated under paragraph (1) for each fiscal year
    shall be used for administrative expenses.

    TITLE IV--CARBON MANAGEMENT

    SEC. 4001. FOSSIL ENERGY.

    Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 16291(a))
    is amended--
    (1) by redesignating paragraphs (1) through (7) as
    subparagraphs (A) through (G), respectively, and indenting
    appropriately;
    (2) in subparagraph (F) (as so redesignated), by inserting
    ``, including technology development to reduce emissions of
    carbon dioxide and associated emissions of heavy metals within
    coal combustion residues and gas streams resulting from fossil
    fuel use and production'' before the period at the end;
    (3) by striking subparagraph (G) (as so redesignated) and
    inserting the following:
    ``(G) Increasing the export of fossil energy-related
    equipment, technology, including emissions control
    technologies, and services from the United States.
    ``(H) Decreasing the cost of emissions control
    technologies for fossil energy production, generation,
    and delivery.
    ``(I) Significantly lowering greenhouse gas
    emissions for all fossil fuel production, generation,
    delivery, and utilization technologies.
    ``(J) Developing carbon removal and utilization
    technologies, products, and methods that result in net
    reductions in greenhouse gas emissions, including direct
    air capture and storage, and carbon use and reuse for
    commercial application.
    ``(K) Improving the conversion, use, and storage of
    carbon oxides produced from fossil fuels.
    ``(L) Reducing water use, improving water reuse, and
    minimizing surface and subsurface environmental impact

    [[Page 2528]]

    in the development of unconventional domestic oil and
    natural gas resources.'';
    (4) by striking the subsection designation and all that
    follows through ``The Secretary'' in the first sentence of the
    matter preceding subparagraph (A) (as so redesignated) and
    inserting the following:

    ``(a) Establishment.--
    ``(1) In general.--The Secretary'';
    (5) in paragraph (1) (as so designated), in the second
    sentence of the matter preceding subparagraph (A) (as so
    redesignated), by striking ``Such programs'' and inserting the
    following:
    ``(2) Objectives.--The programs described in paragraph (1)
    shall''; and
    (6) by adding at the end the following:
    ``(3) Priority.--In carrying out the objectives described in
    subparagraphs (F) through (K) of paragraph (2), the Secretary
    shall prioritize activities and strategies that have the
    potential to significantly reduce emissions for each technology
    relevant to the applicable objective and the international
    commitments of the United States.''.
    SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY PROGRAM.

    (a) In General.--The Energy Policy Act of 2005 is amended by
    striking section 962 (42 U.S.C. 16292) and inserting the following:
    ``SEC. 962. <>  CARBON CAPTURE TECHNOLOGY
    PROGRAM.

    ``(a) Definitions.--In this section:
    ``(1) Large-scale pilot project.--The term `large-scale
    pilot project' means a pilot project that--
    ``(A) represents the scale of technology development
    beyond laboratory development and bench scale testing,
    but not yet advanced to the point of being tested under
    real operational conditions at commercial scale;
    ``(B) represents the scale of technology necessary
    to gain the operational data needed to understand the
    technical and performance risks of the technology before
    the application of that technology at commercial scale
    or in commercial-scale demonstration; and
    ``(C) is large enough--
    ``(i) to validate scaling factors; and
    ``(ii) to demonstrate the interaction between
    major components so that control philosophies for
    a new process can be developed and enable the
    technology to advance from large-scale pilot
    project application to commercial-scale
    demonstration or application.
    ``(2) Natural gas.--The term `natural gas' means any fuel
    consisting in whole or in part of--
    ``(A) natural gas;
    ``(B) liquid petroleum gas;
    ``(C) synthetic gas derived from petroleum or
    natural gas liquids;
    ``(D) any mixture of natural gas and synthetic gas;
    or
    ``(E) biomethane.
    ``(3) Natural gas electric generation facility.--

    [[Page 2529]]

    ``(A) In general.--The term `natural gas electric
    generation facility' means a facility that generates
    electric energy using natural gas as the fuel.
    ``(B) Inclusions.--The term `natural gas electric
    generation facility' includes without limitation a new
    or existing--
    ``(i) simple cycle plant;
    ``(ii) combined cycle plant;
    ``(iii) combined heat and power plant; or
    ``(iv) steam methane reformer that produces
    hydrogen from natural gas for use in the
    production of electric energy.
    ``(4) Program.--The term `program' means the program
    established under subsection (b)(1).
    ``(5) Transformational technology.--
    ``(A) In general.--The term `transformational
    technology' means a technology that represents a
    significant change in the methods used to convert energy
    that will enable a step change in performance,
    efficiency, cost of electricity, and reduction of
    emissions as compared to the technology in existence on
    the date of enactment of the Energy Act of 2020.
    ``(B) Inclusions.--The term `transformational
    technology' includes a broad range of potential
    technology improvements, including--
    ``(i) thermodynamic improvements in energy
    conversion and heat transfer, including--
    ``(I) advanced combustion systems,
    including oxygen combustion systems and
    chemical looping; and
    ``(II) the replacement of steam
    cycles with supercritical carbon dioxide
    cycles;
    ``(ii) improvements in steam or carbon dioxide
    turbine technology;
    ``(iii) improvements in carbon capture,
    utilization, and storage systems technology;
    ``(iv) improvements in small-scale and modular
    coal-fired technologies with reduced carbon output
    or carbon capture that can support incremental
    power generation capacity additions;
    ``(v) fuel cell technologies for low-cost,
    high-efficiency modular power systems;
    ``(vi) advanced gasification systems;
    ``(vii) thermal cycling technologies; and
    ``(viii) any other technology the Secretary
    recognizes as transformational technology.

    ``(b) Carbon Capture Technology Program.--
    ``(1) In general.--The Secretary shall establish a carbon
    capture technology program for the development of
    transformational technologies that will significantly improve
    the efficiency, effectiveness, costs, emissions reductions, and
    environmental performance of coal and natural gas use, including
    in manufacturing and industrial facilities.
    ``(2) Requirements.--The program shall include--
    ``(A) a research and development program;
    ``(B) large-scale pilot projects;

    [[Page 2530]]

    ``(C) demonstration projects, in accordance with
    paragraph (4); and
    ``(D) a front-end engineering and design program.
    ``(3) <>  Program goals and
    objectives.--In consultation with the interested entities
    described in paragraph (6)(C), the Secretary shall develop goals
    and objectives for the program to be applied to the
    transformational technologies developed within the program,
    taking into consideration the following:
    ``(A) Increasing the performance of coal electric
    generation facilities and natural gas electric
    generation facilities, including by--
    ``(i) ensuring reliable, low-cost power from
    new and existing coal electric generation
    facilities and natural gas electric generation
    facilities;
    ``(ii) achieving high conversion efficiencies;
    ``(iii) addressing emissions of carbon dioxide
    and other air pollutants;
    ``(iv) developing small-scale and modular
    technologies to support incremental capacity
    additions and load following generation, in
    addition to large-scale generation technologies;
    ``(v) supporting dispatchable operations for
    new and existing applications of coal and natural
    gas generation; and
    ``(vi) accelerating the development of
    technologies that have transformational energy
    conversion characteristics.
    ``(B) Using carbon capture, utilization, and
    sequestration technologies to decrease the carbon
    dioxide emissions, and the environmental impact from
    carbon dioxide emissions, from new and existing coal
    electric generation facilities and natural gas electric
    generation facilities, including by--
    ``(i) accelerating the development,
    deployment, and commercialization of technologies
    to capture and sequester carbon dioxide emissions
    from new and existing coal electric generation
    facilities and natural gas electric generation
    facilities;
    ``(ii) supporting sites for safe geological
    storage of large volumes of anthropogenic sources
    of carbon dioxide and the development of the
    infrastructure needed to support a carbon dioxide
    utilization and storage industry;
    ``(iii) improving the conversion, utilization,
    and storage of carbon dioxide produced from fossil
    fuels and other anthropogenic sources of carbon
    dioxide;
    ``(iv) lowering greenhouse gas emissions for
    all fossil fuel production, generation, delivery,
    and use, to the maximum extent practicable;
    ``(v) developing carbon utilization
    technologies, products, and methods, including
    carbon use and reuse for commercial application;
    ``(vi) developing net-negative carbon dioxide
    emissions technologies; and
    ``(vii) developing technologies for the
    capture of carbon dioxide produced during the
    production of hydrogen from natural gas.

    [[Page 2531]]

    ``(C) Decreasing the non-carbon dioxide relevant
    environmental impacts of coal and natural gas
    production, including by--
    ``(i) further reducing non-carbon dioxide air
    emissions; and
    ``(ii) reducing the use, and managing the
    discharge, of water in power plant operations.
    ``(D) Accelerating the development of technologies
    to significantly decrease emissions from manufacturing
    and industrial facilities, including--
    ``(i) nontraditional fuel manufacturing
    facilities, including ethanol or other biofuel
    production plants or hydrogen production plants;
    and
    ``(ii) energy-intensive manufacturing
    facilities that produce carbon dioxide as a
    byproduct of operations.
    ``(E) <>  Entering into
    cooperative agreements to carry out and expedite
    demonstration projects (including pilot projects) to
    demonstrate the technical and commercial viability of
    technologies to reduce carbon dioxide emissions released
    from coal electric generation facilities and natural gas
    electric generation facilities for commercial
    deployment.
    ``(F) Identifying any barriers to the commercial
    deployment of any technologies under development for the
    capture of carbon dioxide produced by coal electric
    generation facilities and natural gas electric
    generation facilities.
    ``(4) <>  Demonstration projects.--
    ``(A) In general.--In carrying out the program, the
    Secretary shall establish a demonstration program under
    which the Secretary, through a competitive, merit-
    reviewed process, shall enter into cooperative
    agreements by not later than September 30, 2025, for
    demonstration projects to demonstrate the construction
    and operation of 6 facilities to capture carbon dioxide
    from coal electric generation facilities, natural gas
    electric generation facilities, and industrial
    facilities.
    ``(B) Technical assistance.--The Secretary, to the
    maximum extent practicable, shall provide technical
    assistance to any eligible entity seeking to enter into
    a cooperative agreement described in subparagraph (A)
    for the purpose of obtaining any necessary permits and
    licenses to demonstrate qualifying technologies.
    ``(C) Eligible entities.--The Secretary may enter
    into cooperative agreements under subparagraph (A) with
    industry stakeholders, including any industry
    stakeholder operating in partnership with the National
    Laboratories, institutions of higher education,
    multiinstitutional collaborations, and other appropriate
    entities.
    ``(D) Commercial-scale demonstration projects.--
    ``(i) In general.--In carrying out the
    program, the Secretary shall establish a carbon
    capture technology commercialization program to
    demonstrate substantial improvements in the
    efficiency, effectiveness, cost, and environmental
    performance of carbon capture technologies for
    power, industrial, and other commercial
    applications.
    ``(ii) Requirement.--The program established
    under clause (i) shall include funding for
    commercial-

    [[Page 2532]]

    scale carbon capture technology demonstrations of
    projects supported by the Department, including
    projects in addition to the projects described in
    subparagraph (A), including funding for not more
    than 2 projects to demonstrate substantial
    improvements in a particular technology type
    beyond the first of a kind demonstration and to
    account for considerations described in
    subparagraph (G).
    ``(E) Requirement.--Of the demonstration projects
    carried out under subparagraph (A)--
    ``(i) 2 shall be designed to capture carbon
    dioxide from a natural gas electric generation
    facility;
    ``(ii) 2 shall be designed to capture carbon
    dioxide from a coal electric generation facility;
    and
    ``(iii) 2 shall be designed to capture carbon
    dioxide from an industrial facility not purposed
    for electric generation.
    ``(F) Goals.--Each demonstration project under the
    demonstration program under subparagraph (A)--
    ``(i) shall be designed to further the
    development, deployment, and commercialization of
    technologies to capture and sequester carbon
    dioxide emissions from new and existing coal
    electric generation facilities, natural gas
    electric generation facilities, and industrial
    facilities;
    ``(ii) shall be financed in part by the
    private sector; and
    ``(iii) if necessary, shall secure agreements
    for the offtake of carbon dioxide emissions
    captured by qualifying technologies during the
    project.
    ``(G) Applications.--
    ``(i) In general.--To be eligible to enter
    into an agreement with the Secretary for a
    demonstration project under subparagraphs (A) and
    (D), an entity shall submit to the Secretary an
    application at such time, in such manner, and
    containing such information as the Secretary may
    require.
    ``(ii) Review of applications.--In reviewing
    applications submitted under clause (i), the
    Secretary, to the maximum extent practicable,
    shall--
    ``(I) ensure a broad geographic
    distribution of project sites;
    ``(II) ensure that a broad selection
    of electric generation facilities are
    represented;
    ``(III) ensure that a broad
    selection of technologies are
    represented; and
    ``(IV) leverage existing public-
    private partnerships and Federal
    resources.
    ``(H) GAO study and report.--
    ``(i) Study and report.--
    ``(I) In general.--Not later than 1
    year after the date of enactment of the
    Energy Act of 2020, the Comptroller
    General of the United States shall
    conduct, and submit to the Committee on
    Energy and Natural Resources of the
    Senate and the Committee on Science,
    Space, and Technology of the House of
    Representatives a report on the results

    [[Page 2533]]

    of, a study of the successes, failures,
    practices, and improvements of the
    Department in carrying out demonstration
    projects under this paragraph.
    ``(II) Considerations.--In
    conducting the study under subclause
    (I), the Comptroller General of the
    United States shall consider--
    ``(aa) applicant and
    contractor qualifications;
    ``(bb) project management
    practices at the Department;
    ``(cc) economic or market
    changes and other factors
    impacting project viability;
    ``(dd) completion of third-
    party agreements, including
    power purchase agreements and
    carbon dioxide offtake
    agreements;
    ``(ee) regulatory
    challenges; and
    ``(ff) construction
    challenges.
    ``(ii) Recommendations.--The Secretary shall--
    ``(I) <>
    consider any relevant recommendations,
    as determined by the Secretary, provided
    in the report required under clause
    (i)(I); and
    ``(II) adopt such recommendations as
    the Secretary considers appropriate.
    ``(I) Report.--
    ``(i) In general.--Not later than 180 days
    after the date on which the Secretary solicits
    applications under subparagraph (G), and annually
    thereafter, the Secretary shall submit to the
    appropriate committees of jurisdiction of the
    Senate and the House of Representatives a report
    that includes a detailed description of how the
    applications under the demonstration program
    established under subparagraph (A) were or will be
    solicited and how the applications were or will be
    evaluated, including--
    ``(I) <>  a list of any
    activities carried out by the Secretary
    to solicit or evaluate the applications;
    and
    ``(II) a process for ensuring that
    any projects carried out under a
    cooperative agreement entered into under
    subparagraph (A) are designed to result
    in the development or demonstration of
    qualifying technologies.
    ``(ii) Inclusions.--The Secretary shall
    include--
    ``(I) <>  in the first
    report required under clause (i), a
    detailed list of technical milestones
    for the development and demonstration of
    each qualifying technology pursued under
    the demonstration program established
    under subparagraph (A);
    ``(II) in each subsequent report
    required under clause (i), a description
    of the progress made towards achieving
    the technical milestones described in
    subclause (I) during the applicable
    period covered by the report; and
    ``(III) in each report required
    under clause (i)--
    ``(aa) an estimate of the
    cost of licensing, permitting,
    constructing, and operating each

    [[Page 2534]]

    carbon capture facility expected
    to be constructed under the
    demonstration program
    established under subparagraph
    (A);
    ``(bb) a schedule for the
    planned construction and
    operation of each demonstration
    or pilot project under the
    demonstration program; and
    ``(cc) an estimate of any
    financial assistance,
    compensation, or incentives
    proposed to be paid by the host
    State, Indian Tribe, or local
    government with respect to each
    facility described in item (aa).
    ``(5) Intraagency coordination for carbon capture,
    utilization, and sequestration activities.--The carbon capture,
    utilization, and sequestration activities described in paragraph
    (3)(B) shall be carried out by the Assistant Secretary for
    Fossil Energy, in coordination with the heads of other relevant
    offices of the Department and the National Laboratories.
    ``(6) Consultations required.--In carrying out the program,
    the Secretary shall--
    ``(A) undertake international collaborations, taking
    into consideration the recommendations of the National
    Coal Council and the National Petroleum Council;
    ``(B) use existing authorities to encourage
    international cooperation; and
    ``(C) consult with interested entities, including--
    ``(i) coal and natural gas producers;
    ``(ii) industries that use coal and natural
    gas;
    ``(iii) organizations that promote coal,
    advanced coal, and natural gas technologies;
    ``(iv) environmental organizations;
    ``(v) organizations representing workers; and
    ``(vi) organizations representing consumers.

    ``(c) Report.--
    ``(1) In general.--Not later than 18 months after the date
    of enactment of the Energy Act of 2020, the Secretary shall
    submit to Congress a report describing the program goals and
    objectives adopted under subsection (b)(3).
    ``(2) Update.--Not less frequently than once every 2 years
    after the initial report is submitted under paragraph (1), the
    Secretary shall submit to Congress a report describing the
    progress made towards achieving the program goals and objectives
    adopted under subsection (b)(3).

    ``(d) Funding.--
    ``(1) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out this section,
    to remain available until expended--
    ``(A) for activities under the research and
    development program component described in subsection
    (b)(2)(A)--
    ``(i) $230,000,000 for each of fiscal years
    2021 and 2022; and
    ``(ii) $150,000,000 for each of fiscal years
    2023 through 2025;
    ``(B) subject to paragraph (2), for activities under
    the large-scale pilot projects program component
    described in subsection (b)(2)(B)--

    [[Page 2535]]

    ``(i) $225,000,000 for each of fiscal years
    2021 and 2022;
    ``(ii) $200,000,000 for each of fiscal years
    2023 and 2024; and
    ``(iii) $150,000,000 for fiscal year 2025;
    ``(C) for activities under the demonstration
    projects program component described in subsection
    (b)(2)(C)--
    ``(i) $500,000,000 for each of fiscal years
    2021 though 2024; and
    ``(ii) $600,000,000 for fiscal year 2025; and
    ``(D) for activities under the front-end engineering
    and design program described in subsection (b)(2)(D),
    $50,000,000 for each of fiscal years 2021 through 2024.
    ``(2) Cost sharing for large-scale pilot projects.--
    Activities under subsection (b)(2)(B) shall be subject to the
    cost-sharing requirements of section 988(b).

    ``(e) <>  Carbon Capture Test Centers.--
    ``(1) <>  In general.--Not later than 2
    years after the date of enactment of the Energy Act of 2020, the
    Secretary shall award grants to 1 or more entities for the
    operation of 1 or more test centers (referred to in this
    subsection as a `Center') to provide distinct testing
    capabilities for innovative carbon capture technologies.
    ``(2) Purpose.--Each Center shall--
    ``(A) advance research, development, demonstration,
    and commercial application of carbon capture
    technologies;
    ``(B) support large-scale pilot projects and
    demonstration projects and test carbon capture
    technologies; and
    ``(C) develop front-end engineering design and
    economic analysis.
    ``(3) Selection.--
    ``(A) In general.--The Secretary shall select
    entities to receive grants under this subsection
    according to such criteria as the Secretary may develop.
    ``(B) Competitive basis.--The Secretary shall select
    entities to receive grants under this subsection on a
    competitive basis.
    ``(C) Priority criteria.--In selecting entities to
    receive grants under this subsection, the Secretary
    shall prioritize consideration of applicants that--
    ``(i) have access to existing or planned
    research facilities for carbon capture
    technologies;
    ``(ii) are institutions of higher education
    with established expertise in engineering for
    carbon capture technologies, or partnerships with
    such institutions of higher education; or
    ``(iii) have access to existing research and
    test facilities for bulk materials design and
    testing, component design and testing, or
    professional engineering design.
    ``(D) Existing centers.--In selecting entities to
    receive grants under this subsection, the Secretary
    shall prioritize carbon capture test centers in
    existence on the date of enactment of the Energy Act of
    2020.
    ``(4) Formula for awarding grants.--The Secretary may
    develop a formula for awarding grants under this subsection.
    ``(5) Schedule.--

    [[Page 2536]]

    ``(A) In general.--Each grant awarded under this
    subsection shall be for a term of not more than 5 years,
    subject to the availability of appropriations.
    ``(B) <>  Renewal.--The
    Secretary may renew a grant for 1 or more additional 5-
    year terms, subject to a competitive merit review and
    the availability of appropriations.
    ``(6) <>  Termination.--To the extent
    otherwise authorized by law, the Secretary may eliminate, and
    terminate grant funding under this subsection for, a Center
    during any 5-year term described in paragraph (5) if the
    Secretary determines that the Center is underperforming.
    ``(7) Authorization of appropriations.--There is authorized
    to be appropriated to carry out this subsection $25,000,000 for
    each of fiscal years 2021 through 2025.''.

    (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
    striking the item relating to section 962 and inserting the following:

    ``Sec. 962. Carbon capture technology program.''.

    SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.

    (a) In General.--Section 963 of the Energy Policy Act of 2005 (42
    U.S.C. 16293) is amended--
    (1) by striking subsection (d) and inserting the following:

    ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
    ``(1) $200,000,000 for fiscal year 2021;
    ``(2) $200,000,000 for fiscal year 2022;
    ``(3) $150,000,000 for fiscal year 2023;
    ``(4) $150,000,000 for fiscal year 2024; and
    ``(5) $100,000,000 for fiscal year 2025.'';
    (2) in subsection (c)--
    (A) by striking paragraphs (5) and (6) and inserting
    the following:

    ``(f) Cost Sharing.--Activities carried out under this section shall
    be subject to the cost-sharing requirements of section 988.''; and
    (B) by redesignating paragraph (4) as subsection (e)
    and indenting appropriately;
    (3) in subsection (e) (as so redesignated)--
    (A) by redesignating subparagraphs (A) and (B) as
    paragraphs (1) and (2), respectively, and indenting
    appropriately; and
    (B) by striking ``subsection'' each place it appears
    and inserting ``section''; and
    (4) by striking the section designation and heading and all
    that follows through the end of subsection (c)(3) and inserting
    the following:
    ``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.

    ``(a) Definitions.--In this section:
    ``(1) Large-scale carbon sequestration.--The term `large-
    scale carbon sequestration' means a scale that--
    ``(A) demonstrates the ability to inject into
    geologic formations and sequester carbon dioxide; and

    [[Page 2537]]

    ``(B) has a goal of sequestering not less than 50
    million metric tons of carbon dioxide over a 10-year
    period.
    ``(2) Program.--The term `program' means the program
    established under subsection (b)(1).

    ``(b) Carbon Storage Program.--
    ``(1) In general.--The Secretary shall establish a program
    of research, development, and demonstration for carbon storage.
    ``(2) Program activities.--Activities under the program
    shall include--
    ``(A) <>  in coordination with
    relevant Federal agencies, developing and maintaining
    mapping tools and resources that assess the capacity of
    geologic storage formation in the United States;
    ``(B) developing monitoring tools, modeling of
    geologic formations, and analyses--
    ``(i) to predict carbon dioxide containment;
    and
    ``(ii) to account for sequestered carbon
    dioxide in geologic storage sites;
    ``(C) researching--
    ``(i) potential environmental, safety, and
    health impacts in the event of a leak into the
    atmosphere or to an aquifer; and
    ``(ii) any corresponding mitigation actions or
    responses to limit harmful consequences of such a
    leak;
    ``(D) <>  evaluating the
    interactions of carbon dioxide with formation solids and
    fluids, including the propensity of injections to induce
    seismic activity;
    ``(E) <>  assessing and ensuring
    the safety of operations relating to geologic
    sequestration of carbon dioxide;
    ``(F) <>  determining the fate
    of carbon dioxide concurrent with and following
    injection into geologic formations;
    ``(G) supporting cost and business model assessments
    to examine the economic viability of technologies and
    systems developed under the program; and
    ``(H) providing information to the Environmental
    Protection Agency, States, local governments, Tribal
    governments, and other appropriate entities, to ensure
    the protection of human health and the environment.
    ``(3) Geologic settings.--In carrying out research
    activities under this subsection, the Secretary shall consider a
    variety of candidate onshore and offshore geologic settings,
    including--
    ``(A) operating oil and gas fields;
    ``(B) depleted oil and gas fields;
    ``(C) residual oil zones;
    ``(D) unconventional reservoirs and rock types;
    ``(E) unmineable coal seams;
    ``(F) saline formations in both sedimentary and
    basaltic geologies;
    ``(G) geologic systems that may be used as
    engineered reservoirs to extract economical quantities
    of brine from geothermal resources of low permeability
    or porosity; and
    ``(H) geologic systems containing in situ carbon
    dioxide mineralization formations.

    ``(c) Large-scale Carbon Sequestration Demonstration Program.--
    ``(1) In general.--The Secretary shall establish a
    demonstration program under which the Secretary shall provide

    [[Page 2538]]

    funding for demonstration projects to collect and validate
    information on the cost and feasibility of commercial deployment
    of large-scale carbon sequestration technologies.
    ``(2) Existing regional carbon sequestration partnerships.--
    In carrying out paragraph (1), the Secretary may provide
    additional funding to regional carbon sequestration partnerships
    that are carrying out or have completed a large-scale carbon
    sequestration demonstration project under this section (as in
    effect on the day before the date of enactment of the Energy Act
    of 2020) for additional work on that project.
    ``(3) Demonstration components.--Each demonstration project
    carried out under this subsection shall include longitudinal
    tests involving carbon dioxide injection and monitoring,
    mitigation, and verification operations.
    ``(4) Clearinghouse.--The National Energy Technology
    Laboratory shall act as a clearinghouse of shared information
    and resources for--
    ``(A) existing or completed demonstration projects
    receiving additional funding under paragraph (2); and
    ``(B) any new demonstration projects funded under
    this subsection.
    ``(5) Report.--Not later than 1 year after the date of
    enactment of the Energy Act of 2020, the Secretary shall submit
    to the Committee on Energy and Natural Resources of the Senate
    and the Committee on Science, Space, and Technology of the House
    of Representatives a report that--
    ``(A) <>  assesses the progress
    of all regional carbon sequestration partnerships
    carrying out a demonstration project under this
    subsection;
    ``(B) identifies the remaining challenges in
    achieving large-scale carbon sequestration that is
    reliable and safe for the environment and public health;
    and
    ``(C) creates a roadmap for carbon storage research
    and development activities of the Department through
    2025, with the goal of reducing economic and policy
    barriers to commercial carbon sequestration.

    ``(d) Integrated Storage.--
    ``(1) In general.--The Secretary may transition large-scale
    carbon sequestration demonstration projects under subsection (c)
    into integrated commercial storage complexes.
    ``(2) Goals and objectives.--The goals and objectives of the
    Secretary in seeking to transition large-scale carbon
    sequestration demonstration projects into integrated commercial
    storage complexes under paragraph (1) shall be--
    ``(A) to identify geologic storage sites that are
    able to accept large volumes of carbon dioxide
    acceptable for commercial contracts;
    ``(B) to understand the technical and commercial
    viability of carbon dioxide geologic storage sites; and
    ``(C) to carry out any other activities necessary to
    transition the large-scale carbon sequestration
    demonstration projects under subsection (c) into
    integrated commercial storage complexes.''.

    (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600;

    [[Page 2539]]

    121 Stat. 1708) is amended by striking the item relating to section 963
    and inserting the following:

    ``Sec. 963. Carbon storage validation and testing.''.

    (c) Conforming Amendments.--
    (1) Section 703(a)(3) of the Department of Energy Carbon
    Capture and Sequestration Research, Development, and
    Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, in
    the first sentence of the matter preceding subparagraph (A),
    by--
    (A) striking ``section 963(c)(3)'' and inserting
    ``section 963(c)''; and
    (B) striking ``16293(c)(3)'' and inserting
    ``16293(c)''.
    (2) Section 704 of the Department of Energy Carbon Capture
    and Sequestration Research, Development, and Demonstration Act
    of 2007 (42 U.S.C. 17252) is amended, in the first sentence,
    by--
    (A) striking ``section 963(c)(3)'' and inserting
    ``section 963(c)''; and
    (B) striking ``16293(c)(3)'' and inserting
    ``16293(c)''.
    SEC. 4004. CARBON UTILIZATION PROGRAM.

    (a) Carbon Utilization Program.--
    (1) In general.--Subtitle F of title IX of the Energy Policy
    Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at
    the end the following:
    ``SEC. 969A. <>  CARBON UTILIZATION PROGRAM.

    ``(a) <>  In General.--The Secretary shall
    establish a program of research, development, and demonstration for
    carbon utilization--
    ``(1) to assess and monitor--
    ``(A) potential changes in lifecycle carbon dioxide
    and other greenhouse gas emissions; and
    ``(B) other environmental safety indicators of new
    technologies, practices, processes, or methods used in
    enhanced hydrocarbon recovery as part of the activities
    authorized under section 963;
    ``(2) to identify and assess novel uses for carbon,
    including the conversion of carbon and carbon oxides for
    commercial and industrial products and other products with
    potential market value;
    ``(3) to identify and assess carbon capture technologies for
    industrial systems; and
    ``(4) to identify and assess alternative uses for raw coal
    and processed coal products in all phases that result in no
    significant emissions of carbon dioxide or other pollutants,
    including products derived from carbon engineering, carbon
    fiber, and coal conversion methods.

    ``(b) Demonstration Programs for the Purpose of Commercialization.--
    ``(1) <>  In general.--Not
    later than 180 days after the date of enactment of the Energy
    Act of 2020, as part of the program established under subsection
    (a), the Secretary shall establish a 2-year demonstration
    program in each of the 2 major coal-producing regions of the
    United States for the purpose of

    [[Page 2540]]

    partnering with private institutions in coal mining regions to
    accelerate the commercial deployment of coal-carbon products.
    ``(2) Cost sharing.--Activities under paragraph (1) shall be
    subject to the cost-sharing requirements of section 988.

    ``(c) Carbon Utilization Research Center.--
    ``(1) In general.--In carrying out the program under
    subsection (a), the Secretary shall establish and operate a
    national Carbon Utilization Research Center (referred to in this
    subsection as the `Center'), which shall focus on early stage
    research and development activities including--
    ``(A) post-combustion and pre-combustion capture of
    carbon dioxide;
    ``(B) advanced compression technologies for new and
    existing fossil fuel-fired power plants;
    ``(C) technologies to convert carbon dioxide to
    valuable products and commodities; and
    ``(D) advanced carbon dioxide storage technologies
    that consider a range of storage regimes.
    ``(2) Selection.--The Secretary shall--
    ``(A) select the Center under this subsection on a
    competitive, merit-reviewed basis; and
    ``(B) consider applications from the National
    Laboratories, institutions of higher education,
    multiinstitutional collaborations, and other appropriate
    entities.
    ``(3) Existing centers.--In selecting the Center under this
    subsection, the Secretary shall prioritize carbon utilization
    research centers in existence on the date of enactment of the
    Energy Act of 2020.
    ``(4) Duration.--The Center established under this
    subsection shall receive support for a period of not more than 5
    years, subject to the availability of appropriations.
    ``(5) <>  Renewal.--On the expiration of
    any period of support of the Center, the Secretary may renew
    support for the Center, on a merit-reviewed basis, for a period
    of not more than 5 years.
    ``(6) Termination.--Consistent with the existing authorities
    of the Department, the Secretary may terminate the Center for
    cause during the performance period.

    ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
    ``(1) $54,000,000 for fiscal year 2021;
    ``(2) $55,250,000 for fiscal year 2022;
    ``(3) $56,562,500 for fiscal year 2023;
    ``(4) $57,940,625 for fiscal year 2024; and
    ``(5) $59,387,656 for fiscal year 2025.

    ``(e) Coordination.--The Secretary shall coordinate the activities
    authorized in this section with the activities authorized in section 969
    as part of one consolidated program at the Department. Nothing in
    section 969 shall be construed as limiting the authorities provided in
    this section.''.
    (2) Technical amendment.--The table of contents for the
    Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is
    amended by adding at the end of the items relating to subtitle F
    of title IX the following:

    ``Sec. 969A. Carbon utilization program.''.

    (b) Study.--

    [[Page 2541]]

    (1) In general.--The Secretary of Energy (in this section
    referred to as the ``Secretary'') shall enter into an agreement
    with the National Academies of Sciences, Engineering, and
    Medicine under which the National Academies of Sciences,
    Engineering, and Medicine shall conduct a study to assess any
    barriers and opportunities relating to commercializing carbon,
    coal-derived carbon, and carbon dioxide in the United States.
    (2) Requirements.--The study under paragraph (1) shall--
    (A) analyze challenges to commercializing carbon
    dioxide, including--
    (i) expanding carbon dioxide pipeline
    capacity;
    (ii) mitigating environmental impacts;
    (iii) access to capital;
    (iv) geographic barriers; and
    (v) regional economic challenges and
    opportunities;
    (B) identify potential markets, industries, or
    sectors that may benefit from greater access to
    commercial carbon dioxide;
    (C) <>  determine the
    feasibility of, and opportunities for, the
    commercialization of coal-derived carbon products,
    including for--
    (i) commercial purposes;
    (ii) industrial purposes;
    (iii) defense and military purposes;
    (iv) agricultural purposes, including soil
    amendments and fertilizers;
    (v) medical and pharmaceutical applications;
    (vi) construction and building applications;
    (vii) energy applications; and
    (viii) production of critical minerals;
    (D) <>  assess--
    (i) the state of infrastructure as of the date
    of the study; and
    (ii) any necessary updates to infrastructure
    to allow for the integration of safe and reliable
    carbon dioxide transportation, use, and storage;
    (E) describe the economic, climate, and
    environmental impacts of any well-integrated national
    carbon dioxide pipeline system, including suggestions
    for policies that could--
    (i) improve the economic impact of the system;
    and
    (ii) mitigate impacts of the system;
    (F) <>  assess the global status
    and progress of chemical and biological carbon
    utilization technologies in practice as of the date of
    the study that utilize anthropogenic carbon, including
    carbon dioxide, carbon monoxide, methane, and biogas,
    from power generation, biofuels production, and other
    industrial processes;
    (G) identify emerging technologies and approaches
    for carbon utilization that show promise for scale-up,
    demonstration, deployment, and commercialization;
    (H) <>  analyze the factors
    associated with making carbon utilization technologies
    viable at a commercial scale, including carbon waste
    stream availability, economics, market capacity, energy,
    and lifecycle requirements;

    [[Page 2542]]

    (I)(i) <>  assess the major
    technical challenges associated with increasing the
    commercial viability of carbon reuse technologies; and
    (ii) identify the research and development questions
    that will address the challenges described in clause
    (i);
    (J)(i) <>  assess research
    efforts being carried out as of the date of the study,
    including basic, applied, engineering, and computational
    research efforts, that are addressing the challenges
    described in subparagraph (I)(i); and
    (ii) identify gaps in the research efforts under
    clause (i);
    (K) develop a comprehensive research agenda that
    addresses long- and short-term research needs and
    opportunities for technologies that may be important to
    minimizing net greenhouse gas emissions from the use of
    coal and natural gas; and
    (L)(i) identify appropriate Federal agencies with
    capabilities to support small business entities; and
    (ii) <>  determine what
    assistance the Federal agencies identified under clause
    (i) could provide to small business entities to further
    the development and commercial deployment of carbon
    dioxide-based products.
    (3) Deadline.--Not later than 180 days after the date of
    enactment of this Act, the National Academies of Sciences,
    Engineering, and Medicine shall submit to the Secretary a report
    describing the results of the study under paragraph (1).
    SEC. 4005. HIGH EFFICIENCY TURBINES.

    (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:
    ``SEC. <>  969B. HIGH EFFICIENCY TURBINES.

    ``(a) In General.--The Secretary, acting through the Assistant
    Secretary for Fossil Energy (referred to in this section as the
    `Secretary'), shall establish a multiyear, multiphase program (referred
    to in this section as the `program') of research, development, and
    technology demonstration to improve the efficiency of gas turbines used
    in power generation systems and aviation.
    ``(b) Program Elements.--The program shall--
    ``(1) support first-of-a-kind engineering and detailed gas
    turbine design for small-scale and utility-scale electric power
    generation, including--
    ``(A) high temperature materials, including
    superalloys, coatings, and ceramics;
    ``(B) improved heat transfer capability;
    ``(C) manufacturing technology required to construct
    complex 3-dimensional geometry parts with improved
    aerodynamic capability;
    ``(D) combustion technology to produce higher firing
    temperature while lowering nitrogen oxide and carbon
    monoxide emissions per unit of output;
    ``(E) advanced controls and systems integration;
    ``(F) advanced high performance compressor
    technology; and
    ``(G) validation facilities for the testing of
    components and subsystems;

    [[Page 2543]]

    ``(2) include technology demonstration through component
    testing, subscale testing, and full-scale testing in existing
    fleets;
    ``(3) include field demonstrations of the developed
    technology elements to demonstrate technical and economic
    feasibility;
    ``(4) <>  assess overall combined cycle
    and simple cycle system performance;
    ``(5) increase fuel flexibility by enabling gas turbines to
    operate with high proportions of, or pure, hydrogen or other
    renewable gas fuels;
    ``(6) enhance foundational knowledge needed for low-emission
    combustion systems that can work in high-pressure, high-
    temperature environments required for high-efficiency cycles;
    ``(7) increase operational flexibility by reducing turbine
    start-up times and improving the ability to accommodate flexible
    power demand; and
    ``(8) <>  include any other elements
    necessary to achieve the goals described in subsection (c), as
    determined by the Secretary, in consultation with private
    industry.

    ``(c) Program Goals.--
    ``(1) In general.--The goals of the program shall be--
    ``(A) in phase I, to develop a conceptual design of,
    and to develop and demonstrate the technology required
    for--
    ``(i) advanced high efficiency gas turbines to
    achieve, on a lower heating value basis--
    ``(I) a combined cycle efficiency of
    not less than 65 percent; or
    ``(II) a simple cycle efficiency of
    not less than 47 percent; and
    ``(ii) aviation gas turbines to achieve a 25
    percent reduction in fuel burn by improving fuel
    efficiency to existing best-in-class turbo-fan
    engines; and
    ``(B) in phase II, to develop a conceptual design of
    advanced high efficiency gas turbines that can achieve,
    on a lower heating value basis--
    ``(i) a combined cycle efficiency of not less
    than 67 percent; or
    ``(ii) a simple cycle efficiency of not less
    than 50 percent.
    ``(2) <>  Additional goals.--If a goal
    described in paragraph (1) has been achieved, the Secretary, in
    consultation with private industry and the National Academy of
    Sciences, may develop additional goals or phases for advanced
    gas turbine research and development.

    ``(d) Financial Assistance.--
    ``(1) In general.--The Secretary may provide financial
    assistance, including grants, to carry out the program.
    ``(2) <>  Proposals.--Not later than 180
    days after the date of enactment of the Energy Act of 2020, the
    Secretary shall solicit proposals from industry, small
    businesses, universities, and other appropriate parties for
    conducting activities under this section.
    ``(3) Considerations.--In selecting proposed projects to
    receive financial assistance under this subsection, the
    Secretary shall give special consideration to the extent to
    which the proposed project will--

    [[Page 2544]]

    ``(A) stimulate the creation or increased retention
    of jobs in the United States; and
    ``(B) promote and enhance technology leadership in
    the United States.
    ``(4) Competitive awards.--The Secretary shall provide
    financial assistance under this subsection on a competitive
    basis, with an emphasis on technical merit.
    ``(5) Cost sharing.--Financial assistance provided under
    this subsection shall be subject to the cost sharing
    requirements of section 988.

    ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $50,000,000 for each of fiscal
    years 2021 through 2025.''.
    (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
    by adding at the end of the items relating to subtitle F of title IX the
    following:

    ``Sec. 969B. High efficiency gas turbines.''.

    SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

    (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:
    ``SEC. 969C. <>  NATIONAL ENERGY TECHNOLOGY
    LABORATORY REFORMS.

    ``(a) Special Hiring Authority for Scientific, Engineering, and
    Project Management Personnel.--
    ``(1) In general.--The Director of the National Energy
    Technology Laboratory (referred to in this section as the
    `Director') may--
    ``(A) <>  make appointments to
    positions in the National Energy Technology Laboratory
    to assist in meeting a specific project or research
    need, without regard to civil service laws, of
    individuals who--
    ``(i) have an advanced scientific or
    engineering background; or
    ``(ii) have a business background and can
    assist in specific technology-to-market needs;
    ``(B) fix the basic pay of any employee appointed
    under subparagraph (A) at a rate not to exceed level II
    of the Executive Schedule under section 5313 of title 5,
    United States Code; and
    ``(C) pay any employee appointed under subparagraph
    (A) payments in addition to the basic pay fixed under
    subparagraph (B), subject to the condition that the
    total amount of additional payments paid to an employee
    under this subparagraph for any 12-month period shall
    not exceed the least of--
    ``(i) $25,000;
    ``(ii) the amount equal to 25 percent of the
    annual rate of basic pay of that employee; and
    ``(iii) the amount of the limitation that is
    applicable for a calendar year under section
    5307(a)(1) of title 5, United States Code.
    ``(2) Limitations.--

    [[Page 2545]]

    ``(A) In general.--The term of any employee
    appointed under paragraph (1)(A) shall not exceed 3
    years.
    ``(B) Full-time employees.--Not more than 10 full-
    time employees appointed under paragraph (1)(A) may be
    employed at the National Energy Technology Laboratory at
    any given time.

    ``(b) Laboratory-directed Research and Development.--
    ``(1) <>  In general.--Beginning in
    fiscal year 2021, the National Energy Technology Laboratory
    shall be eligible for laboratory-directed research and
    development funding.
    ``(2) Authorization of funding.--
    ``(A) In general.--Each fiscal year, of funds made
    available to the National Energy Technology Laboratory,
    the Secretary may deposit an amount, not to exceed the
    rate made available to the National Laboratories for
    laboratory-directed research and development, in a
    special fund account.
    ``(B) Use.--Amounts in the account under
    subparagraph (A) shall only be available for laboratory-
    directed research and development.
    ``(C) Requirements.--The account under subparagraph
    (A)--
    ``(i) shall be administered by the Secretary;
    ``(ii) shall be available without fiscal year
    limitation; and
    ``(iii) shall not be subject to appropriation.
    ``(3) Requirement.--The Director shall carry out laboratory-
    directed research and development activities at the National
    Energy Technology Laboratory consistent with Department of
    Energy Order 413.2C, dated August 2, 2018 (or a successor
    order).
    ``(4) Annual report on use of authority.--Annually, the
    Secretary shall submit to the Committee on Energy and Natural
    Resources of the Senate and the Committee on Science, Space, and
    Technology of the House of Representatives a report on the use
    of the authority provided under this subsection during the
    preceding fiscal year.

    ``(c) Laboratory Operations.--The Secretary shall delegate human
    resources operations of the National Energy Technology Laboratory to the
    Director to assist in carrying out this section.
    ``(d) <>  Review.--Not later than 2 years after the
    date of enactment of the Energy Act of 2020, the Secretary shall submit
    to the Committee on Energy and Natural Resources of the Senate and the
    Committee on Science, Space, and Technology of the House of
    Representatives a report assessing the management and research
    activities of the National Energy Technology Laboratory, which shall
    include--
    ``(1) <>  an assessment of the quality of
    science and research at the National Energy Technology
    Laboratory, relative to similar work at other National
    Laboratories;
    ``(2) <>  a review of the effectiveness of
    authorities provided in subsections (a) and (b); and
    ``(3) <>  recommendations for
    policy changes within the Department and legislative changes to
    provide the National Energy Technology Laboratory with the
    necessary tools and resources to advance the research mission of
    the National Energy Technology Laboratory.''.

    [[Page 2546]]

    (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
    by adding at the end of the items relating to subtitle F of title IX the
    following:

    ``Sec. 969C. National energy technology laboratory reforms.''.

    SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.

    (a) Study.--The Secretary of Energy shall conduct a study to examine
    opportunities for research and development in integrating blue hydrogen
    technology in the industrial power sector and how that could enhance the
    deployment and adoption of carbon capture and storage.
    (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Natural Resources of the Senate and the Committee on Science,
    Space, and Technology of the House of Representatives a report that
    describes the results of the study under subsection (a).
    SEC. 4008. <>  PRODUCED WATER RESEARCH AND
    DEVELOPMENT.

    (a) Establishment.--As soon as possible after the date of enactment
    of this Act, the Secretary of Energy (in this section referred to as the
    ``Secretary'') shall establish a research and development program on
    produced water to develop--
    (1) new technologies and practices to reduce the
    environmental impact; and
    (2) opportunities for reprocessing of produced water at
    natural gas or oil development sites.

    (b) Prioritization.--In carrying out the program established under
    subsection (a), the Secretary shall give priority to projects that
    develop and bring to market--
    (1) effective systems for on-site management or repurposing
    of produced water; and
    (2) new technologies or approaches to reduce the
    environmental impact of produced water on local water sources
    and the environment.

    (c) Conduct of Program.--In carrying out the program established
    under subsection (a), the Secretary shall carry out science-based
    research and development activities to pursue--
    (1) improved efficiency, technologies, and techniques for
    produced water recycling stations; and
    (2) alternative approaches to treating, reusing, storing, or
    decontaminating produced water.

    (d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2021 through 2025.

    TITLE V--CARBON REMOVAL

    SEC. 5001. CARBON REMOVAL.

    (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:

    [[Page 2547]]

    ``SEC. 969D. <>  CARBON REMOVAL.

    ``(a) <>  Establishment.--The Secretary, in
    coordination with the heads of appropriate Federal agencies, including
    the Secretary of Agriculture, shall establish a research, development,
    and demonstration program (referred to in this section as the `program')
    to test, validate, or improve technologies and strategies to remove
    carbon dioxide from the atmosphere on a large scale.

    ``(b) Intraagency Coordination.--The Secretary shall ensure that the
    program includes the coordinated participation of the Office of Fossil
    Energy, the Office of Science, and the Office of Energy Efficiency and
    Renewable Energy.
    ``(c) Program Activities.--The program may include research,
    development, and demonstration activities relating to--
    ``(1) direct air capture and storage technologies;
    ``(2) bioenergy with carbon capture and sequestration;
    ``(3) enhanced geological weathering;
    ``(4) agricultural practices;
    ``(5) forest management and afforestation; and
    ``(6) planned or managed carbon sinks, including natural and
    artificial.

    ``(d) Requirements.--In developing and identifying carbon removal
    technologies and strategies under the program, the Secretary shall
    consider--
    ``(1) land use changes, including impacts on natural and
    managed ecosystems;
    ``(2) ocean acidification;
    ``(3) net greenhouse gas emissions;
    ``(4) commercial viability;
    ``(5) potential for near-term impact;
    ``(6) potential for carbon reductions on a gigaton scale;
    and
    ``(7) economic cobenefits.

    ``(e) Air Capture Prize Competitions.--
    ``(1) Definitions.--In this subsection:
    ``(A) Dilute media.--The term `dilute media' means
    media in which the concentration of carbon dioxide is
    less than 1 percent by volume.
    ``(B) Prize competition.--The term `prize
    competition' means the competitive technology prize
    competition established under paragraph (2).
    ``(C) Qualified carbon dioxide.--
    ``(i) In general.--The term `qualified carbon
    dioxide' means any carbon dioxide that--
    ``(I) is captured directly from the
    ambient air; and
    ``(II) is measured at the source of
    capture and verified at the point of
    disposal, injection, or utilization.
    ``(ii) Inclusion.--The term `qualified carbon
    dioxide' includes the initial deposit of captured
    carbon dioxide used as a tertiary injectant.
    ``(iii) Exclusion.--The term `qualified carbon
    dioxide' does not include carbon dioxide that is
    recaptured, recycled, and reinjected as part of
    the enhanced oil and natural gas recovery process.
    ``(D) Qualified direct air capture facility.--

    [[Page 2548]]

    ``(i) In general.--The term `qualified direct
    air capture facility' means any facility that--
    ``(I) uses carbon capture equipment
    to capture carbon dioxide directly from
    the ambient air; and
    ``(II) captures more than 50,000
    metric tons of qualified carbon dioxide
    annually.
    ``(ii) Exclusion.--The term `qualified direct
    air capture facility' does not include any
    facility that captures carbon dioxide--
    ``(I) that is deliberately released
    from naturally occurring subsurface
    springs; or
    ``(II) using natural photosynthesis.
    ``(2) <>  Establishment.--Not
    later than 2 years after the date of enactment of the Energy Act
    of 2020, the Secretary, in consultation with the Administrator
    of the Environmental Protection Agency, shall establish as part
    of the program a competitive technology prize competition to
    award prizes for--
    ``(A) precommercial carbon dioxide capture from
    dilute media; and
    ``(B) commercial applications of direct air capture
    technologies.
    ``(3) Requirements.--In carrying out this subsection, the
    Secretary, in accordance with section 24 of the Stevenson-Wydler
    Technology Innovation Act of 1980 (15 U.S.C. 3719), shall
    develop requirements for--
    ``(A) the prize competition process; and
    ``(B) monitoring and verification procedures for
    projects selected to receive a prize under the prize
    competition.
    ``(4) Eligible projects.--
    ``(A) Precommercial air capture projects.--With
    respect to projects described in paragraph (2)(A), to be
    eligible to be awarded a prize under the prize
    competition, a project shall--
    ``(i) meet minimum performance standards set
    by the Secretary;
    ``(ii) meet minimum levels set by the
    Secretary for the capture of carbon dioxide from
    dilute media; and
    ``(iii) demonstrate in the application of the
    project for a prize--
    ``(I) a design for a promising
    carbon capture technology that will--
    ``(aa) be operated on a
    demonstration scale; and
    ``(bb) have the potential to
    achieve significant reduction in
    the level of carbon dioxide in
    the atmosphere;
    ``(II) a successful bench-scale
    demonstration of a carbon capture
    technology; or
    ``(III) an operational carbon
    capture technology on a commercial
    scale.
    ``(B) Commercial direct air capture projects.--
    ``(i) In general.--With respect to projects
    described in paragraph (2)(B), the Secretary shall
    award prizes under the prize competition to
    qualified direct air capture facilities for metric
    tons of qualified

    [[Page 2549]]

    carbon dioxide captured and verified at the point
    of disposal, injection, or utilization.
    ``(ii) Amount of award.--The amount of the
    award per metric ton under clause (i)--
    ``(I) shall be equal for each
    qualified direct air capture facility
    selected for a prize under the prize
    competition; and
    ``(II) <>
    shall be determined by the Secretary and
    in any case shall not exceed--
    ``(aa) $180 for qualified
    carbon dioxide captured and
    stored in saline storage
    formations;
    ``(bb) a lesser amount, as
    determined by the Secretary, for
    qualified carbon dioxide
    captured and stored in
    conjunction with enhanced oil
    recovery operations; or
    ``(cc) a lesser amount, as
    determined by the Secretary, for
    qualified carbon dioxide
    captured and utilized in any
    activity consistent with section
    45Q(f)(5) of the Internal
    Revenue Code of 1986.
    ``(iii) Requirement.--The Secretary shall make
    awards under this subparagraph until appropriated
    funds are expended.

    ``(f) Direct Air Capture Test Center.--
    ``(1) <>  In general.--Not later than 2
    years after the date of enactment of the Energy Act of 2020, the
    Secretary shall award grants to 1 or more entities for the
    operation of 1 or more test centers (referred to in this
    subsection as a `Center') to provide distinct testing
    capabilities for innovative direct air capture and storage
    technologies.
    ``(2) Purpose.--Each Center shall--
    ``(A) advance research, development, demonstration,
    and commercial application of direct air capture and
    storage technologies;
    ``(B) support large-scale pilot and demonstration
    projects and test direct air capture and storage
    technologies; and
    ``(C) develop front-end engineering design and
    economic analysis.
    ``(3) Selection.--
    ``(A) In general.--The Secretary shall select
    entities to receive grants under this subsection
    according to such criteria as the Secretary may develop.
    ``(B) Competitive basis.--The Secretary shall select
    entities to receive grants under this subsection on a
    competitive basis.
    ``(C) Priority criteria.--In selecting entities to
    receive grants under this subsection, the Secretary
    shall prioritize consideration of applicants that--
    ``(i) have access to existing or planned
    research facilities for direct air capture and
    storage technologies;
    ``(ii) are institutions of higher education
    with established expertise in engineering for
    direct air capture and storage technologies, or
    partnerships with such institutions of higher
    education; or

    [[Page 2550]]

    ``(iii) have access to existing research and
    test facilities for bulk materials design and
    testing, component design and testing, or
    professional engineering design.
    ``(4) Formula for awarding grants.--The Secretary may
    develop a formula for awarding grants under this subsection.
    ``(5) Schedule.--
    ``(A) In general.--Each grant awarded under this
    subsection shall be for a term of not more than 5 years,
    subject to the availability of appropriations.
    ``(B) Renewal.--The Secretary may renew a grant for
    1 or more additional 5-year terms, subject to a
    competitive merit review and the availability of
    appropriations.
    ``(6) <>  Termination.--
    To the extent otherwise authorized by law, the Secretary may
    eliminate, and terminate grant funding under this subsection
    for, a Center during any 5-year term described in paragraph (5)
    if the Secretary determines that the Center is underperforming.

    ``(g) Pilot and Demonstration Projects.--In supporting the
    technology development activities under this section, the Secretary is
    encouraged to support carbon removal pilot and demonstration projects,
    including--
    ``(1) pilot projects that test direct air capture systems
    capable of capturing 10 to 100 tonnes of carbon oxides per year
    to provide data for demonstration-scale projects; and
    ``(2) direct air capture demonstration projects capable of
    capturing greater than 1,000 tonnes of carbon oxides per year.

    ``(h) Intraagency Collaboration.--In carrying out the program, the
    Secretary shall encourage and promote collaborations among relevant
    offices and agencies within the Department.
    ``(i) Accounting.--The Secretary shall collaborate with the
    Administrator of the Environmental Protection Agency and the heads of
    other relevant Federal agencies to develop and improve accounting
    frameworks and tools to accurately measure carbon removal and
    sequestration methods and technologies.
    ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
    ``(1) $175,000,000 for fiscal year 2021, of which--
    ``(A) $15,000,000 shall be used to carry out
    subsection (e)(2)(A), to remain available until
    expended; and
    ``(B) $100,000,000 shall be used to carry out
    subsection (e)(2)(B), to remain available until
    expended;
    ``(2) $63,500,000 for fiscal year 2022;
    ``(3) $66,150,000 for fiscal year 2023;
    ``(4) $69,458,000 for fiscal year 2024; and
    ``(5) $72,930,000 for fiscal year 2025.''.

    (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further amended
    by adding at the end of the items relating to subtitle F of title IX the
    following:

    ``Sec. 969D. Carbon removal.''.

    SEC. 5002. <>  CARBON DIOXIDE REMOVAL TASK
    FORCE AND REPORT.

    (a) Definition of Carbon Dioxide Removal.--In this section, the term
    ``carbon dioxide removal'' means the capture of carbon

    [[Page 2551]]

    dioxide directly from ambient air or, in dissolved form, from seawater,
    combined with the sequestration of that carbon dioxide, including
    through--
    (1) direct air capture and sequestration;
    (2) enhanced carbon mineralization;
    (3) bioenergy with carbon capture and sequestration;
    (4) forest restoration;
    (5) soil carbon management; and
    (6) direct ocean capture.

    (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of Energy (in this section referred to as the
    ``Secretary''), in consultation with the heads of any other relevant
    Federal agencies, shall prepare a report that--
    (1) <>  estimates the magnitude of excess
    carbon dioxide in the atmosphere that will need to be removed by
    2050 to achieve net-zero emissions and stabilize the climate;
    (2) <>  inventories current and emerging
    approaches of carbon dioxide removal and evaluates the
    advantages and disadvantages of each of the approaches; and
    (3) <>  identifies recommendations
    for legislation, funding, rules, revisions to rules, financing
    mechanisms, or other policy tools that the Federal Government
    can use to sufficiently advance the deployment of carbon dioxide
    removal projects in order to meet, in the aggregate, the
    magnitude of needed removals estimated under paragraph (1),
    including policy tools, such as--
    (A) grants;
    (B) loans or loan guarantees;
    (C) public-private partnerships;
    (D) direct procurement;
    (E) incentives, including subsidized Federal
    financing mechanisms available to project developers;
    (F) advance market commitments;
    (G) regulations; and
    (H) any other policy mechanism determined by the
    Secretary to be beneficial for advancing carbon dioxide
    removal methods and the deployment of carbon dioxide
    removal projects.

    (c) Submission; Publication.--The Secretary shall--
    (1) submit the report prepared under subsection (b) to the
    Committee on Energy and Natural Resources of the Senate and the
    Committees on Energy and Commerce and Science, Space, and
    Technology of the House of Representatives; and
    (2) <>  as soon as practicable
    after completion of the report, make the report publicly
    available.

    (d) Evaluation; Revision.--
    (1) <>  In general.--Not later
    than 2 years after the date on which the Secretary publishes the
    report under subsection (c)(2), and every 2 years thereafter,
    the Secretary shall evaluate the findings and recommendations of
    the report, or the most recent updated report submitted under
    paragraph (2)(B), as applicable, taking into consideration any
    issues and recommendations identified by the task force
    established under subsection (e)(1).
    (2) Revision.--After completing each evaluation under
    paragraph (1), the Secretary shall--
    (A) revise the report as necessary; and

    [[Page 2552]]

    (B) if the Secretary revises the report under
    subparagraph (A), submit and publish the updated report
    in accordance with subsection (c).

    (e) Task Force.--
    (1) <>  Establishment and duties.--Not
    later than 60 days after the date of enactment of this Act, the
    Secretary shall establish a task force--
    (A) to identify barriers to advancement of carbon
    dioxide removal methods and the deployment of carbon
    dioxide removal projects;
    (B) to inventory existing or potential Federal
    legislation, rules, revisions to rules, financing
    mechanisms, or other policy tools that are capable of
    advancing carbon dioxide removal methods and the
    deployment of carbon dioxide removal projects;
    (C) to assist in preparing the report described in
    subsection (b) and any updates to the report under
    subsection (d); and
    (D) to advise the Secretary on matters pertaining to
    carbon dioxide removal.
    (2) Members and selection.--The Secretary shall--
    (A) develop criteria for the selection of members to
    the task force established under paragraph (1); and
    (B) select members for the task force in accordance
    with the criteria developed under subparagraph (A).
    (3) Meetings.--The task force shall meet not less frequently
    than once each year.
    (4) <>  Evaluation.--Not later than 7 years
    after the date of enactment of this Act, the Secretary shall--
    (A) reevaluate the need for the task force
    established under paragraph (1); and
    (B) <>  submit to Congress
    a recommendation as to whether the task force should
    continue.

    TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    SEC. 6001. <>  PURPOSE.

    The purpose of this title and the amendments made by this title is
    to encourage the development and evaluation of innovative technologies
    aimed at increasing--
    (1) the technological and economic competitiveness of
    industry and manufacturing in the United States; and
    (2) the emissions reduction of nonpower industrial sectors.
    SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY
    EFFICIENT TECHNOLOGIES FOR INDUSTRY.

    Section 6(a) of the American Energy Manufacturing Technical
    Corrections Act (42 U.S.C. 6351(a)) is amended--
    (1) by striking ``Industrial Technologies Program'' each
    place it appears and inserting ``Advanced Manufacturing
    Office''; and
    (2) in the matter preceding paragraph (1), by striking
    ``Office of Energy'' and all that follows through ``Office of
    Science'' and inserting ``Department of Energy''.

    [[Page 2553]]

    SEC. 6003. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
    PROGRAM.

    (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007 is amended by adding at the end the following:
    ``SEC. 454. <>  INDUSTRIAL EMISSIONS
    REDUCTION TECHNOLOGY DEVELOPMENT
    PROGRAM.

    ``(a) Definitions.--In this section:
    ``(1) Director.--The term `Director' means the Director of
    the Office of Science and Technology Policy.
    ``(2) Eligible entity.--The term `eligible entity' means--
    ``(A) a scientist or other individual with knowledge
    and expertise in emissions reduction;
    ``(B) an institution of higher education;
    ``(C) a nongovernmental organization;
    ``(D) a National Laboratory;
    ``(E) a private entity; and
    ``(F) a partnership or consortium of 2 or more
    entities described in subparagraphs (B) through (E).
    ``(3) Emissions reduction.--
    ``(A) In general.--The term `emissions reduction'
    means the reduction, to the maximum extent practicable,
    of net nonwater greenhouse gas emissions to the
    atmosphere by energy services and industrial processes.
    ``(B) Exclusion.--The term `emissions reduction'
    does not include the elimination of carbon embodied in
    the principal products of industrial manufacturing.
    ``(4) Program.--The term `program' means the program
    established under subsection (b)(1).
    ``(5) Critical material or mineral.--The term `critical
    material or mineral' means a material or mineral that serves an
    essential function in the manufacturing of a product and has a
    high risk of a supply disruption, such that a shortage of such a
    material or mineral would have significant consequences for
    United States economic or national security.

    ``(b) Industrial Emissions Reduction Technology Development
    Program.--
    ``(1) <>  In general.--Not
    later than 1 year after the date of enactment of the Energy Act
    of 2020, the Secretary, in consultation with the Director, the
    heads of relevant Federal agencies, National Laboratories,
    industry, and institutions of higher education, shall establish
    a crosscutting industrial emissions reduction technology
    development program of research, development, demonstration, and
    commercial application to advance innovative technologies that--
    ``(A) increase the technological and economic
    competitiveness of industry and manufacturing in the
    United States;
    ``(B) increase the viability and competitiveness of
    United States industrial technology exports; and
    ``(C) achieve emissions reduction in nonpower
    industrial sectors.
    ``(2) Coordination.--In carrying out the program, the
    Secretary shall--
    ``(A) coordinate with each relevant office in the
    Department and any other Federal agency;

    [[Page 2554]]

    ``(B) coordinate and collaborate with the Industrial
    Technology Innovation Advisory Committee established
    under section 456; and
    ``(C) coordinate and seek to avoid duplication with
    the energy-intensive industries program established
    under section 452.
    ``(3) Leverage of existing resources.--In carrying out the
    program, the Secretary shall leverage, to the maximum extent
    practicable--
    ``(A) existing resources and programs of the
    Department and other relevant Federal agencies; and
    ``(B) public-private partnerships.

    ``(c) Focus Areas.--The program shall focus on--
    ``(1) industrial production processes, including
    technologies and processes that--
    ``(A) achieve emissions reduction in high emissions
    industrial materials production processes, including
    production processes for iron, steel, steel mill
    products, aluminum, cement, concrete, glass, pulp,
    paper, and industrial ceramics;
    ``(B) achieve emissions reduction in medium- and
    high-temperature heat generation, including--
    ``(i) through electrification of heating
    processes;
    ``(ii) through renewable heat generation
    technology;
    ``(iii) through combined heat and power; and
    ``(iv) by switching to alternative fuels,
    including hydrogen and nuclear energy;
    ``(C) achieve emissions reduction in chemical
    production processes, including by incorporating, if
    appropriate and practicable, principles, practices, and
    methodologies of sustainable chemistry and engineering;
    ``(D) leverage smart manufacturing technologies and
    principles, digital manufacturing technologies, and
    advanced data analytics to develop advanced technologies
    and practices in information, automation, monitoring,
    computation, sensing, modeling, and networking to--
    ``(i) model and simulate manufacturing
    production lines;
    ``(ii) monitor and communicate production line
    status;
    ``(iii) manage and optimize energy
    productivity and cost throughout production; and
    ``(iv) model, simulate, and optimize the
    energy efficiency of manufacturing processes;
    ``(E) leverage the principles of sustainable
    manufacturing to minimize the potential negative
    environmental impacts of manufacturing while conserving
    energy and resources, including--
    ``(i) by designing products that enable reuse,
    refurbishment, remanufacturing, and recycling;
    ``(ii) by minimizing waste from industrial
    processes, including through the reuse of waste as
    other resources in other industrial processes for
    mutual benefit; and
    ``(iii) by increasing resource efficiency; and
    ``(F) increase the energy efficiency of industrial
    processes;

    [[Page 2555]]

    ``(2) alternative materials that produce fewer emissions
    during production and result in fewer emissions during use,
    including--
    ``(A) high-performance lightweight materials; and
    ``(B) substitutions for critical materials and
    minerals;
    ``(3) development of net-zero emissions liquid and gaseous
    fuels;
    ``(4) emissions reduction in shipping, aviation, and long
    distance transportation;
    ``(5) carbon capture technologies for industrial processes;
    ``(6) other technologies that achieve net-zero emissions in
    nonpower industrial sectors, as determined by the Secretary, in
    consultation with the Director; and
    ``(7) high-performance computing to develop advanced
    materials and manufacturing processes contributing to the focus
    areas described in paragraphs (1) through (6), including--
    ``(A) modeling, simulation, and optimization of the
    design of energy efficient and sustainable products; and
    ``(B) the use of digital prototyping and additive
    manufacturing to enhance product design.
    ``(8) incorporation of sustainable chemistry and engineering
    principles, practices, and methodologies, as the Secretary
    determines appropriate; and
    ``(9) other research or technology areas identified in the
    Strategic Plan authorized in section 455.

    ``(d) Grants, Contracts, Cooperative Agreements, and Demonstration
    Projects.--
    ``(1) Grants.--In carrying out the program, the Secretary
    shall award grants on a competitive basis to eligible entities
    for projects that the Secretary determines would best achieve
    the goals of the program.
    ``(2) Contracts and cooperative agreements.--In carrying out
    the program, the Secretary may enter into contracts and
    cooperative agreements with eligible entities and Federal
    agencies for projects that the Secretary determines would
    further the purposes of the program.
    ``(3) Demonstration projects.--In supporting technologies
    developed under this section, the Secretary shall fund
    demonstration projects that test and validate technologies
    described in subsection (c).
    ``(4) Application.--An entity seeking funding or a contract
    or agreement under this subsection shall submit to the Secretary
    an application at such time, in such manner, and containing such
    information as the Secretary may require.
    ``(5) Cost sharing.--In awarding funds under this section,
    the Secretary shall require cost sharing in accordance with
    section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).

    ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the demonstration projects
    authorized in subsection (d)(3)--
    ``(1) $20,000,000 for fiscal year 2021;
    ``(2) $80,000,000 for fiscal year 2022;
    ``(3) $100,000,000 for fiscal year 2023;
    ``(4) $150,000,000 for fiscal year 2024; and
    ``(5) $150,000,000 for fiscal year 2025.

    ``(f) Coordination.--The Secretary shall carry out the activities
    authorized in this section in accordance with section 203 of the

    [[Page 2556]]

    Department of Energy Research and Innovation Act (42 U.S.C. 18631).''.
    (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) is amended by inserting after the item relating to section 453 the
    following:

    ``Sec. 454. Industrial emissions reduction technology development
    program.''.

    SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.

    (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6003, is amended by
    adding at the end the following:
    ``SEC. 455. <>  INDUSTRIAL TECHNOLOGY
    INNOVATION ADVISORY COMMITTEE.

    ``(a) Definitions.--In this section:
    ``(1) Committee.--The term `Committee' means the Industrial
    Technology Innovation Advisory Committee established under
    subsection (b).
    ``(2) Director.--The term `Director' means the Director of
    the Office of Science and Technology Policy.
    ``(3) Emissions reduction.--The term `emissions reduction'
    has the meaning given the term in section 454(a).
    ``(4) Program.--The term `program' means the industrial
    emissions reduction technology development program established
    under section 454(b)(1).

    ``(b) <>  Establishment.--Not later
    than 180 days after the date of enactment of the Energy Act of 2020, the
    Secretary, in consultation with the Director, shall establish an
    advisory committee, to be known as the `Industrial Technology Innovation
    Advisory Committee'.

    ``(c) Membership.--
    ``(1) <>  Appointment.--The Committee
    shall be comprised of not fewer than 16 members and not more
    than 20 members, who shall be appointed by the Secretary, in
    consultation with the Director.
    ``(2) Representation.--Members appointed pursuant to
    paragraph (1) shall include--
    ``(A) not less than 1 representative of each
    relevant Federal agency, as determined by the Secretary;
    ``(B) the Chair of the Secretary of Energy Advisory
    Board, if that position is filled;
    ``(C) not less than 2 representatives of labor
    groups;
    ``(D) not less than 3 representatives of the
    research community, which shall include academia and
    National Laboratories;
    ``(E) not less than 2 representatives of
    nongovernmental organizations;
    ``(F) not less than 6 representatives of small- and
    large-scale industry, the collective expertise of which
    shall cover every focus area described in section
    454(c); and
    ``(F) not less than 1 representative of a State
    government; and
    ``(G) <>  any
    other individuals the Secretary, in coordination with
    the Director, determines to be necessary to ensure

    [[Page 2557]]

    that the Committee is comprised of a diverse group of
    representatives of industry, academia, independent
    researchers, and public and private entities.
    ``(3) Chair.--The Secretary shall designate a member of the
    Committee to serve as Chair.

    ``(d) Duties.--
    ``(1) In general.--The Committee shall--
    ``(A) in consultation with the Secretary and the
    Director, propose missions and goals for the program,
    which shall be consistent with the purposes of the
    program described in section 454(b)(1); and
    ``(B) advise the Secretary with respect to the
    program--
    ``(i) by identifying and evaluating any
    technologies being developed by the private sector
    relating to the focus areas described in section
    454(c);
    ``(ii) by identifying technology gaps in the
    private sector or other Federal agencies in those
    focus areas, and making recommendations to address
    those gaps;
    ``(iii) by surveying and analyzing factors
    that prevent the adoption of emissions reduction
    technologies by the private sector; and
    ``(iv) by recommending technology screening
    criteria for technology developed under the
    program to encourage adoption of the technology by
    the private sector; and
    ``(C) develop the strategic plan described in
    paragraph (2).
    ``(2) Strategic plan.--
    ``(A) Purpose.--The purpose of the strategic plan
    developed under paragraph (1)(C) is to set forth a plan
    for achieving the goals of the program established in
    section 454(b)(1), including for the focus areas
    described in section 454(c).
    ``(B) Contents.--The strategic plan developed under
    paragraph (1)(C) shall--
    ``(i) specify near-term and long-term
    qualitative and quantitative objectives relating
    to each focus area described in section 454(c),
    including research, development, demonstration,
    and commercial application objectives;
    ``(ii) leverage existing roadmaps relevant to
    the program in section 454(b)(1) and the focus
    areas in section 454(c);
    ``(iii) specify the anticipated timeframe for
    achieving the objectives specified under clause
    (i);
    ``(iv) include plans for developing emissions
    reduction technologies that are globally cost-
    competitive, including, as applicable, in
    developing economies;
    ``(v) identify the appropriate role for
    investment by the Federal Government, in
    coordination with the private sector, to achieve
    the objectives specified under clause (i);
    ``(vi) identify the public and private costs
    of achieving the objectives specified under clause
    (i); and
    ``(vii) estimate the economic and employment
    impact in the United States of achieving those
    objectives.

    [[Page 2558]]

    ``(e) Meetings.--
    ``(1) Frequency.--The Committee shall meet not less
    frequently than 2 times per year, at the call of the Chair.
    ``(2) <>  Initial meeting.--Not later than
    30 days after the date on which the members are appointed under
    subsection (b), the Committee shall hold its first meeting.

    ``(f) Committee Report.--
    ``(1) <>  In general.--Not later than 2
    years after the date of enactment of the Energy Act of 2020, and
    not less frequently than once every 3 years thereafter, the
    Committee shall submit to the Secretary a report on the progress
    of achieving the purposes of the program.
    ``(2) Contents.--The report under paragraph (1) shall
    include--
    ``(A) a description of any technology innovation
    opportunities identified by the Committee;
    ``(B) a description of any technology gaps
    identified by the Committee under subsection
    (d)(1)(B)(ii);
    ``(C) <>  recommendations
    for improving technology screening criteria and
    management of the program;
    ``(D) <>  an evaluation of the
    progress of the program and the research, development,
    and demonstration activities funded under the program;
    ``(E) <>  any recommended
    changes to the focus areas of the program described in
    section 454(c);
    ``(F) a description of the manner in which the
    Committee has carried out the duties described in
    subsection (d)(1) and any relevant findings as a result
    of carrying out those duties;
    ``(G) if necessary, an update to the strategic plan
    developed by the Committee under subsection (d)(1)(C);
    ``(H) the progress made in achieving the goals set
    out in that strategic plan;
    ``(I) <>  a review of the management,
    coordination, and industry utility of the program;
    ``(J) <>  an assessment of the
    extent to which progress has been made under the program
    in developing commercial, cost-competitive technologies
    in each focus area described in section 454(c); and
    ``(K) <>  an assessment of the
    effectiveness of the program in coordinating efforts
    within the Department and with other Federal agencies to
    achieve the purposes of the program.

    ``(g) Report to Congress.--Not later than 60 days after receiving a
    report from the Committee under subsection (f), the Secretary shall
    submit a copy of that report to the Committees on Appropriations and
    Science, Space, and Technology of the House of Representatives, the
    Committees on Appropriations and Energy and Natural Resources of the
    Senate, and any other relevant Committee of Congress.
    ``(h) Applicability of Federal Advisory Committee Act.--Except as
    otherwise provided in this section, the Federal Advisory Committee Act
    (5 U.S.C. App.) shall apply to the Committee.''.
    (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-

    [[Page 2559]]

    140; 121 Stat. 1494) (as amended by section 6003(b)) is amended by
    inserting after the item relating to section 454 the following:

    ``Sec. 455. Industrial Technology Innovation Advisory Committee.''.

    SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
    EMISSIONS REDUCTION.

    (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6004, is amended by
    adding at the end the following:
    ``SEC. 456. <>  TECHNICAL ASSISTANCE PROGRAM
    TO IMPLEMENT INDUSTRIAL EMISSIONS
    REDUCTION.

    ``(a) Definitions.--In this section:
    ``(1) Eligible entity.--The term `eligible entity' means--
    ``(A) a State;
    ``(B) a unit of local government;
    ``(C) a territory or possession of the United
    States;
    ``(D) a relevant State or local office, including an
    energy office;
    ``(E) a tribal organization (as defined in section
    3765 of title 38, United States Code);
    ``(F) an institution of higher education; and
    ``(G) a private entity; and
    ``(H) a trade association or technical society.
    ``(2) Emissions reduction.--The term `emissions reduction'
    has the meaning given the term in section 454(a).
    ``(3) Program.--The term `program' means the program
    established under subsection (b).

    ``(b) <>  Establishment.--Not later than 1 year
    after the date of enactment of the Energy Act of 2020, the Secretary
    shall establish a program to provide technical assistance to eligible
    entities to promote the commercial application of emission reduction
    technologies developed through the program established in section
    454(b).

    ``(c) Applications.--
    ``(1) In general.--An eligible entity desiring technical
    assistance under the program shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require.
    ``(2) <>  Application process.--The
    Secretary shall seek applications for technical assistance under
    the program on a periodic basis, but not less frequently than
    once every 12 months.
    ``(3) Factors for consideration.--In selecting eligible
    entities for technical assistance under the program, the
    Secretary shall, to the maximum extent practicable--
    ``(A) give priority to--
    ``(i) activities carried out with technical
    assistance under the program that have the
    greatest potential for achieving emissions
    reduction in nonpower industrial sectors;
    ``(ii) activities carried out in a State in
    which there are active or inactive industrial
    facilities that may be used or retrofitted to
    carry out activities under the focus areas
    described in section 454(c); and

    [[Page 2560]]

    ``(iii) activities carried out in an
    economically distressed area (as described in
    section 301(a) of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3161(a))); and
    ``(B) ensure that--
    ``(i) there is geographic diversity among the
    eligible entities selected; and
    ``(ii) the activities carried out with
    technical assistance under the program reflect a
    majority of the focus areas described in section
    454(c).''.

    (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) (as amended by section 6004(b)) is amended by inserting after the
    item relating to section 455 the following:

    ``Sec. 456. Technical assistance program to implement industrial
    emissions reduction.''.

    SEC. 6006. <>  DEVELOPMENT OF NATIONAL SMART
    MANUFACTURING PLAN.

    (a) <>  In General.--Not later than 3
    years after the date of enactment of this Act, the Secretary of Energy
    (in this section referred to as the ``Secretary''), in consultation with
    the National Academies, shall develop and complete a national plan for
    smart manufacturing technology development and deployment to improve the
    productivity and energy efficiency of the manufacturing sector of the
    United States.

    (b) Content.--
    (1) In general.--The plan developed under subsection (a)
    shall identify areas in which agency actions by the Secretary
    and other heads of relevant Federal agencies would--
    (A) facilitate quicker development, deployment, and
    adoption of smart manufacturing technologies and
    processes;
    (B) result in greater energy efficiency and lower
    environmental impacts for all American manufacturers;
    and
    (C) enhance competitiveness and strengthen the
    manufacturing sectors of the United States.
    (2) Inclusions.--Agency actions identified under paragraph
    (1) shall include--
    (A <> ) an assessment of previous
    and current actions of the Department relating to smart
    manufacturing;
    (B) the establishment of voluntary interconnection
    protocols and performance standards;
    (C) the use of smart manufacturing to improve energy
    efficiency and reduce emissions in supply chains across
    multiple companies;
    (D) actions to increase cybersecurity in smart
    manufacturing infrastructure;
    (E) deployment of existing research results;
    (F) the leveraging of existing high-performance
    computing infrastructure; and
    (G) consideration of the impact of smart
    manufacturing on existing manufacturing jobs and future
    manufacturing jobs.

    [[Page 2561]]

    (c) <>  Biennial Revisions.--Not later
    than 2 years after the date on which the Secretary completes the plan
    under subsection (a), and not less frequently than once every 2 years
    thereafter, the Secretary shall revise the plan to account for
    advancements in information and communication technology and
    manufacturing needs.

    (d) Report.--Annually until the completion of the plan under
    subsection (a), the Secretary shall submit to Congress a report on the
    progress made in developing the plan.
    (e) Definition.--In this section, the term ``smart manufacturing''
    means advanced technologies in information, automation, monitoring,
    computation, sensing, modeling, artificial intelligence, analytics, and
    networking that--
    (1) digitally--
    (A) simulate manufacturing production lines;
    (B) operate computer-controlled manufacturing
    equipment;
    (C) monitor and communicate production line status;
    and
    (D) manage and optimize energy productivity and cost
    throughout production;
    (2) model, simulate, and optimize the energy efficiency of a
    factory building;
    (3) monitor and optimize building energy performance;
    (4) model, simulate, and optimize the design of energy
    efficient and sustainable products, including the use of digital
    prototyping and additive manufacturing to enhance product
    design;
    (5) connect manufactured products in networks to monitor and
    optimize the performance of the networks, including automated
    network operations; and
    (6) digitally connect the supply chain network.

    TITLE VII--CRITICAL MINERALS

    SEC. 7001. <>  RARE EARTH ELEMENTS.

    (a) Research Program.--
    (1) In general.--The Secretary of Energy, acting through the
    Assistant Secretary for Fossil Energy (referred to in this
    section as the ``Secretary''), shall conduct a program of
    research and development--
    (A) to develop and assess advanced separation
    technologies for the extraction and recovery of rare
    earth elements and other critical materials from coal
    and coal byproducts; and
    (B) to determine if there are, and mitigate, any
    potential environmental or public health impacts that
    could arise from the recovery of rare earth elements
    from coal-based resources.
    (2) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary to carry out the program
    described in paragraph (1)--
    (A) $23,000,000 for each of fiscal years 2021 and
    2022;
    (B) $24,200,000 for fiscal year 2023;
    (C) $25,400,000 for fiscal year 2024;
    (D) $26,600,000 for fiscal year 2025; and

    [[Page 2562]]

    (E) $27,800,000 for fiscal year 2026.

    (b) <>  Report.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committees on Science, Space, and Technology and Energy and Commerce of
    the House of Representatives a report evaluating the development of
    advanced separation technologies for the extraction and recovery of rare
    earth elements and other critical materials from coal and coal
    byproducts, including acid mine drainage from coal mines.

    (c) <>  Critical Material.--In this section, the
    term ``critical material'' has the meaning given the term in section
    7002 of this Act.
    SEC. 7002. <>  MINERAL SECURITY.

    (a) Definitions.--In this section:
    (1) Byproduct.--The term ``byproduct'' means a critical
    mineral--
    (A) the recovery of which depends on the production
    of a host mineral that is not designated as a critical
    mineral; and
    (B) that exists in sufficient quantities to be
    recovered during processing or refining.
    (2) Critical material.--The term ``critical material''
    means--
    (A) any non-fuel mineral, element, substance, or
    material that the Secretary of Energy determines--
    (i) has a high risk of a supply chain
    disruption; and
    (ii) serves an essential function in 1 or more
    energy technologies, including technologies that
    produce, transmit, store, and conserve energy; or
    (B) a critical mineral.
    (3) Critical mineral.--
    (A) In general.--The term ``critical mineral'' means
    any mineral, element, substance, or material designated
    as critical by the Secretary under subsection (c).
    (B) Exclusions.--The term ``critical mineral'' does
    not include--
    (i) fuel minerals;
    (ii) water, ice, or snow;
    (iii) common varieties of sand, gravel, stone,
    pumice, cinders, and clay.
    (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    (5) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (6) State.--The term ``State'' means--
    (A) a State;
    (B) the District of Columbia;
    (C) the Commonwealth of Puerto Rico;
    (D) Guam;
    (E) American Samoa;
    (F) the Commonwealth of the Northern Mariana
    Islands; and
    (G) the United States Virgin Islands.
    (7) Institution of higher education.--The term ``institution
    of higher education'' means--

    [[Page 2563]]

    (A) an institution of higher education (as defined
    in section 101(a) of the Higher Education Act of 1965
    (20 U.S.C. 1001(a))); or
    (B) a postsecondary vocational institution (as
    defined in section 102(c) of the Higher Education Act of
    1965 (20 U.S.C. 1002(c))).

    (b) Policy.--
    (1) In general.--Section 3 of the National Materials and
    Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
    1602) is amended--
    (A) by striking paragraph (3) and inserting the
    following:
    ``(3) establish an analytical and forecasting capability for
    identifying critical mineral demand, supply, and other factors
    to allow informed actions to be taken to avoid supply shortages,
    mitigate price volatility, and prepare for demand growth and
    other market shifts;'';
    (B) in paragraph (6), by striking ``and'' after the
    semicolon at the end; and
    (C) by striking paragraph (7) and inserting the
    following:
    ``(7) facilitate the availability, development, and
    environmentally responsible production of domestic resources to
    meet national material or critical mineral needs;
    ``(8) avoid duplication of effort, prevent unnecessary
    paperwork, and minimize delays in the administration of
    applicable laws (including regulations) and the issuance of
    permits and authorizations necessary to explore for, develop,
    and produce critical minerals and to construct critical mineral
    manufacturing facilities in accordance with applicable
    environmental and land management laws;
    ``(9) strengthen--
    ``(A) educational and research capabilities at not
    lower than the secondary school level; and
    ``(B) workforce training for exploration and
    development of critical minerals and critical mineral
    manufacturing;
    ``(10) bolster international cooperation through technology
    transfer, information sharing, and other means;
    ``(11) promote the efficient production, use, and recycling
    of critical minerals;
    ``(12) develop alternatives to critical minerals; and
    ``(13) establish contingencies for the production of, or
    access to, critical minerals for which viable sources do not
    exist within the United States.''.
    (2) Conforming amendment.--Section 2(b) of the National
    Materials and Minerals Policy, Research and Development Act of
    1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in
    this Act, the term'' and inserting the following:

    ``(b) Definitions.--In this Act:
    ``(1) Critical mineral.--The term `critical mineral' means
    any mineral, element, substance, or material designated as
    critical by the Secretary under section 7002(c) of the Energy
    Act of 2020.
    ``(2) Materials.--The term''.

    (c) Critical Mineral Designations.--

    [[Page 2564]]

    (1) <>  Draft
    methodology and list.--The Secretary, acting through the
    Director of the United States Geological Survey (referred to in
    this subsection as the ``Secretary''), shall publish in the
    Federal Register for public comment--
    (A) a description of the draft methodology used to
    identify a draft list of critical minerals;
    (B) a draft list of minerals, elements, substances,
    and materials that qualify as critical minerals; and
    (C) a draft list of critical minerals recovered as
    byproducts and their host minerals.
    (2) Availability of data.--If available data is insufficient
    to provide a quantitative basis for the methodology developed
    under this subsection, qualitative evidence may be used to the
    extent necessary.
    (3) <>
    Final methodology and list.--After reviewing public comments on
    the draft methodology and the draft lists published under
    paragraph (1) and updating the methodology and lists as
    appropriate, not later than 45 days after the date on which the
    public comment period with respect to the draft methodology and
    draft lists closes, the Secretary shall publish in the Federal
    Register--
    (A) a description of the final methodology for
    determining which minerals, elements, substances, and
    materials qualify as critical minerals;
    (B) the final list of critical minerals; and
    (C) the final list of critical minerals recovered as
    byproducts and their host minerals.
    (4) Designations.--
    (A) <>  In general.--For
    purposes of carrying out this subsection, the Secretary
    shall maintain a list of minerals, elements, substances,
    and materials designated as critical, pursuant to the
    final methodology published under paragraph (3), that
    the Secretary determines--
    (i) are essential to the economic or national
    security of the United States;
    (ii) the supply chain of which is vulnerable
    to disruption (including restrictions associated
    with foreign political risk, abrupt demand growth,
    military conflict, violent unrest, anti-
    competitive or protectionist behaviors, and other
    risks throughout the supply chain); and
    (iii) serve an essential function in the
    manufacturing of a product (including energy
    technology-, defense-, currency-, agriculture-,
    consumer electronics-, and health care-related
    applications), the absence of which would have
    significant consequences for the economic or
    national security of the United States.
    (B) Inclusions.--Notwithstanding the criteria under
    paragraph (3), the Secretary may designate and include
    on the list any mineral, element, substance, or material
    determined by another Federal agency to be strategic and
    critical to the defense or national security of the
    United States.

    [[Page 2565]]

    (C) Required consultation.--The Secretary shall
    consult with the Secretaries of Defense, Commerce,
    Agriculture, and Energy and the United States Trade
    Representative in designating minerals, elements,
    substances, and materials as critical under this
    paragraph.
    (5) Subsequent review.--
    (A) <>  In
    general.--The Secretary, in consultation with the
    Secretaries of Defense, Commerce, Agriculture, and
    Energy and the United States Trade Representative, shall
    review the methodology and list under paragraph (3) and
    the designations under paragraph (4) at least every 3
    years, or more frequently as the Secretary considers to
    be appropriate.
    (B) Revisions.--Subject to paragraph (4)(A), the
    Secretary may--
    (i) revise the methodology described in this
    subsection;
    (ii) <>  determine that
    minerals, elements, substances, and materials
    previously determined to be critical minerals are
    no longer critical minerals; and
    (iii) designate additional minerals, elements,
    substances, or materials as critical minerals.
    (6) Notice.--On finalization of the methodology and the list
    under paragraph (3), or any revision to the methodology or list
    under paragraph (5), the Secretary shall submit to Congress
    written notice of the action.

    (d) Resource Assessment.--
    (1) <>  In general.--Not
    later than 4 years after the date of enactment of this Act, in
    consultation with applicable State (including geological
    surveys), local, academic, industry, and other entities, the
    Secretary (acting through the Director of the United States
    Geological Survey) or a designee of the Secretary, shall
    complete a comprehensive national assessment of each critical
    mineral that--
    (A) identifies and quantifies known critical mineral
    resources, using all available public and private
    information and datasets, including exploration
    histories; and
    (B) provides a quantitative and qualitative
    assessment of undiscovered critical mineral resources
    throughout the United States, including probability
    estimates of tonnage and grade, using all available
    public and private information and datasets, including
    exploration histories.
    (2) Supplementary information.--In carrying out this
    subsection, the Secretary may carry out surveys and field work
    (including drilling, remote sensing, geophysical surveys,
    topographical and geological mapping, and geochemical sampling
    and analysis) to supplement existing information and datasets
    available for determining the existence of critical minerals in
    the United States.
    (3) Public access.--Subject to applicable law, to the
    maximum extent practicable, the Secretary shall make all data
    and metadata collected from the comprehensive national
    assessment carried out under paragraph (1) publically and
    electronically accessible.
    (4) Technical assistance.--At the request of the Governor of
    a State or the head of an Indian Tribe, the Secretary may
    provide technical assistance to State governments and Indian

    [[Page 2566]]

    Tribes conducting critical mineral resource assessments on non-
    Federal land.
    (5) Prioritization.--
    (A) In general.--The Secretary may sequence the
    completion of resource assessments for each critical
    mineral such that critical minerals considered to be
    most critical under the methodology established under
    subsection (c) are completed first.
    (B) <>  Reporting.--During the
    period beginning not later than 1 year after the date of
    enactment of this Act and ending on the date of
    completion of all of the assessments required under this
    subsection, the Secretary shall submit to Congress on an
    annual basis an interim report that--
    (i) identifies the sequence and schedule for
    completion of the assessments if the Secretary
    sequences the assessments; or
    (ii) describes the progress of the assessments
    if the Secretary does not sequence the
    assessments.
    (6) Updates.--The Secretary may periodically update the
    assessments conducted under this subsection based on--
    (A) the generation of new information or datasets by
    the Federal Government; or
    (B) the receipt of new information or datasets from
    critical mineral producers, State geological surveys,
    academic institutions, trade associations, or other
    persons.
    (7) Additional surveys.--The Secretary shall complete a
    resource assessment for each additional mineral or element
    subsequently designated as a critical mineral under subsection
    (c)(5)(B) not later than 2 years after the designation of the
    mineral or element.
    (8) Report.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall submit to Congress a
    report describing the status of geological surveying of Federal
    land for any mineral commodity--
    (A) for which the United States was dependent on a
    foreign country for more than 25 percent of the United
    States supply, as depicted in the report issued by the
    United States Geological Survey entitled ``Mineral
    Commodity Summaries 2021''; but
    (B) that is not designated as a critical mineral
    under subsection (c).

    (e) <>  Report of Small Business
    Administration.--Not later than 1 year and 300 days after the date of
    enactment of this Act, the Administrator of the Small Business
    Administration shall submit to the applicable committees of Congress a
    report that assesses the performance of Federal agencies with respect
    to--
    (1) complying with chapter 6 of title 5, United States Code
    (commonly known as the ``Regulatory Flexibility Act''), in
    promulgating regulations applicable to the critical minerals
    industry; and
    (2) <>  performing an analysis of the
    efficiency of regulations applicable to the critical minerals
    industry, including those that are disproportionately burdensome
    to small businesses.

    (f) Federal Register Process.--

    [[Page 2567]]

    (1) <>  Departmental review.--Absent any
    extraordinary circumstance, and except as otherwise required by
    law, the Secretary and the Secretary of Agriculture shall ensure
    that each Federal Register notice described in paragraph (2)
    shall be--
    (A) subject to any required reviews within the
    Department of the Interior or the Department of
    Agriculture; and
    (B) <>  published in final form in the
    Federal Register not later than 45 days after the date
    of initial preparation of the notice.
    (2) Preparation.--The preparation of Federal Register
    notices required by law associated with the issuance of a
    critical mineral exploration or mine permit shall be delegated
    to the organizational level within the agency responsible for
    issuing the critical mineral exploration or mine permit.
    (3) Transmission.--All Federal Register notices regarding
    official document availability, announcements of meetings, or
    notices of intent to undertake an action shall be originated in,
    and transmitted to the Federal Register from, the office in
    which, as applicable--
    (A) the documents or meetings are held; or
    (B) the activity is initiated.
    (4) Application of certain provisions.--
    (A) In general.--Subsection (f) shall also apply
    to--
    (i) an exploration project in which the
    presence of a byproduct is reasonably expected,
    based on known mineral companionality, geologic
    formation, mineralogy, or other factors; and
    (ii) <>  a project that
    demonstrates that a byproduct is of sufficient
    grade that, when combined with the production of a
    host mineral, the byproduct is economic to
    recover, as determined by the applicable Secretary
    in accordance with subparagraph (B), and that the
    byproduct will be recovered in commercial
    quantities.
    (B) Requirement.--In making the determination under
    subparagraph (A)(ii), the applicable Secretary shall
    consider the cost effectiveness of the byproducts
    recovery.

    (g) Recycling, Innovation, Efficiency, and Alternatives.--
    (1) Establishment.--The Secretary of Energy (referred to in
    this subsection as the ``Secretary'') shall conduct a program
    (referred to in this subsection as the ``program'') of research,
    development, demonstration, and commercialization--
    (A) to develop alternatives to critical materials
    that do not occur in significant abundance in the United
    States;
    (B) to promote the efficient production, use, and
    recycling of critical materials, with special
    consideration for domestic critical materials,
    throughout the supply chain;
    (C) to ensure the long-term, secure, and sustainable
    supply of critical materials; and
    (D) to prioritize work in areas that the private
    sector by itself is not likely to undertake due to
    financial or technical limitations.
    (2) Cooperation.--In carrying out the program, the Secretary
    shall cooperate with appropriate--
    (A) Federal agencies, including the Department of
    the Interior;
    (B) the National Laboratories;

    [[Page 2568]]

    (C) critical material producers, processors, and
    manufacturers;
    (D) trade associations;
    (E) academic institutions (including students and
    postdoctoral staff at institutions of higher education);
    (F) small businesses;
    (G) nongovernmental organizations; and
    (H) other relevant entities or individuals.
    (3) Energy innovation hub.--In carrying out the program, the
    Secretary may use an Energy Innovation Hub authorized under
    section 206 of the Department of Energy Research Coordination
    Act (42 U.S.C. 18632).
    (4) Activities.--Under the program, the Secretary shall
    carry out activities that include the identification and
    development of--
    (A) alternative materials, particularly materials
    available in abundance within the United States and not
    subject to potential supply restrictions, that lessen
    the need for critical materials;
    (B) alternative energy technologies or alternative
    designs of existing energy technologies, particularly
    technologies or designs that use materials that--
    (i) occur in abundance in the United States;
    and
    (ii) are not subject to potential supply
    restrictions;
    (C) technologies or process improvements that
    minimize the use and content, or lead to more efficient
    use, of critical materials across the full supply chain;
    (D) innovative technologies and practices to
    diversify commercially viable and sustainable domestic
    sources of critical materials, including technologies
    for recovery from waste streams;
    (E) technologies, process improvements, or design
    optimizations that facilitate the recycling of critical
    materials, and options for improving the rates of
    collection of products and scrap containing critical
    materials from post-consumer, industrial, or other waste
    streams;
    (F) advanced critical material extraction,
    production, separation, alloying, or processing
    technologies that decrease the energy consumption,
    environmental impact, and costs of those activities,
    including--
    (i) efficient water and wastewater management
    strategies;
    (ii) technologies and management strategies to
    control the environmental impacts of radionuclides
    in ore tailings;
    (iii) technologies for separation and
    processing; and
    (iv) technologies for increasing the recovery
    rates of coproducts and byproducts from host metal
    ores;
    (G) commercial markets, advanced storage methods,
    energy applications, and other beneficial uses of
    critical materials; and
    (H) advanced theoretical, computational, and
    experimental tools necessary to support the crosscutting
    research and development needs of diverse critical
    minerals stakeholders.
    (5) Plan.--

    [[Page 2569]]

    (A) <>  In general.--Not later than
    1 year after the date of enactment of this Act, the
    Secretary shall submit to Congress a plan to carry out
    the program.
    (B) Inclusions.--The plan under subparagraph (A)
    shall include a description of--
    (i) <>  the research and
    development activities to be carried out under the
    program during the subsequent 2 years;
    (ii) the expected contributions under the
    program to the creation of innovative methods and
    technologies for the efficient and sustainable
    provision of critical materials to the domestic
    economy;
    (iii) the expected activities under the
    program to mitigate the environmental and health
    impacts of the extraction, processing,
    manufacturing, use, recovery, and recycling of
    critical materials; and
    (iv) how the program will promote the broadest
    possible participation by academic, industrial,
    and other contributors and the public.
    (6) Coordination and nonduplication.--To the maximum extent
    practicable, the Secretary shall ensure that the activities
    carried out under this subsection are coordinated with, and do
    not duplicate the efforts of, other programs within the Federal
    Government, including the work underway by the Critical
    Materials Institute and the National Minerals Information
    Center.
    (7) <>  Standard of
    review.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall conduct a review of activities
    carried out under the program to determine the achievement of
    the technical milestones identified under paragraph
    (8)(D)(i)(I).
    (8) Critical materials consortium.--
    (A) <>  In general.--Not later than
    1 year after the date of enactment of this Act, the
    Secretary shall establish and operate a Critical
    Materials Consortium (referred to in this paragraph as
    the ``Consortium'') for the purpose of supporting the
    program by providing, to the maximum extent practicable,
    a centralized entity for multidisciplinary,
    collaborative, critical materials research and
    development.
    (B) <>  Leadership.--If an
    Energy Innovation Hub authorized under section 206 of
    the Department of Energy Research Coordination Act (42
    U.S.C. 18632) that is focused on critical materials
    exists on the date of enactment of this Act, the
    Secretary shall leverage the personnel and expertise of
    the Energy Innovation Hub to manage the Consortium for
    not less than 3 years following the date on which the
    Consortium is established.
    (C) Membership.--The members of the Consortium shall
    be representatives from relevant Federal agencies, the
    National Laboratories, the National Minerals Information
    Center, institutions of higher education, private sector
    entities, multiinstitutional collaborations, and other
    appropriate entities.
    (D) Responsibilities.--The Consortium shall--
    (i) develop and implement a multiyear plan
    that--

    [[Page 2570]]

    (I) identifies technical goals and
    milestones for the program;
    (II) utilizes the high performance
    computing capabilities of the
    Department; and
    (III) leverages the expertise of the
    National Laboratories and the United
    States Geological Survey; and
    (ii) <>  submit an
    annual report to the Secretary summarizing the
    activities of the Consortium, including an
    evaluation of the role of the Consortium in the
    achievement of the technical milestones identified
    under clause (i)(I).
    (E) Sunset; termination.--
    (i) In general.--The Secretary may provide
    support to the Consortium for a period of not more
    than 10 years, subject to the availability of
    appropriations.
    (ii) <>  Merit
    review.--Not later than 5 years after the date on
    which the Consortium is established, the Secretary
    shall conduct a rigorous merit review to determine
    whether the Consortium helped the program achieve
    the technical milestones identified under
    subparagraph (D)(i)(I).
    (iii) Termination.--If the Secretary
    determines that the Consortium has not helped the
    program achieve the technical milestones
    identified under subparagraph (D)(i)(I), the
    Secretary may terminate any financial or technical
    support that the Department provides to the
    Consortium.
    (9) <>  Reports.--Not later than 2 years
    after the date of enactment of this Act, and annually
    thereafter, the Secretary shall submit to Congress a report
    summarizing the activities, findings, and progress of the
    program.
    (10) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to carry out this
    subsection--
    (A) $125,000,000 for fiscal year 2021;
    (B) $105,000,000 for fiscal year 2022;
    (C) $100,000,000 for fiscal year 2023;
    (D) $135,000,000 for fiscal year 2024; and
    (E) $135,000,000 for fiscal year 2025.

    (h) Critical Materials Supply Chain Research Facility.--
    (1) In general.--The Secretary of Energy (referred to in
    this subsection as the ``Secretary'') shall support construction
    of a Critical Materials Supply Chain Research Facility (referred
    to in this subsection as the ``facility'').
    (2) Requirements.--The facility--
    (A) shall be used to further enable research,
    development, demonstration, and commercialization
    activities throughout the supply chain for critical
    materials; and
    (B) shall provide an integrated, rapidly
    reconfigurable research platform.
    (3) Authorization of appropriations.--There are authorized
    to be appropriated to the Secretary to fund the design and
    construction of the facility, to remain available until
    expended--
    (A) $10,000,000 for fiscal year 2021;
    (B) $30,000,000 for fiscal year 2022; and

    [[Page 2571]]

    (C) $35,000,000 for fiscal year 2023.

    (i) Critical Materials Research Database and Information Portal.--
    (1) <>  In general.--In carrying out
    the program established under subsection (g)(1), the Secretary
    and the Secretary of Energy (referred to in this subsection as
    the ``Secretaries''), in consultation with the Director of the
    National Science Foundation, shall establish and operate a
    Critical Materials Information Portal (referred to in this
    subsection as the ``Portal'') to collect, catalogue,
    disseminate, and archive information on critical materials.
    (2) Cooperation.--In carrying out paragraph (1), the
    Secretaries shall leverage the expertise of the National
    Minerals Information Center, the Office of Scientific and
    Technical Information, and the Critical Materials Consortium
    established under subsection (g)(8)(A).
    (3) Purpose.--The purpose of the Portal is to support the
    development of a web-based platform to provide public access to
    a database of computed information on known and predicted
    critical materials and related material properties and
    computational tools in order--
    (A) to accelerate breakthroughs in critical
    materials identification and design;
    (B) to strengthen the foundation for technologies
    that will enable more sustainable recycling,
    substitution, use, and recovery and minimize the
    environmental impacts of methods for extraction,
    processing, and manufacturing of critical materials; and
    (C) to drive the development of advanced materials
    for applications that span the missions of the
    Department of Energy and the Department of the Interior
    (referred to in this subsection as the ``Departments'')
    in energy, environment, and national security.
    (4) Activities.--In carrying out this subsection, the
    Secretaries shall--
    (A) conduct cooperative research with industry,
    academia, and other research institutions to facilitate
    the design of novel materials, including critical
    materials and substitutes for critical materials;
    (B) leverage existing high-performance computing
    systems to conduct high throughput calculations and
    develop computing and data mining algorithms for the
    prediction of material properties, including a focus on
    critical materials;
    (C) leverage and support research in mineralogy and
    mineral chemistry to enhance the understanding,
    prediction, and manipulation of critical materials;
    (D) assist scientists and engineers in making the
    fullest possible use of the relevant data holdings of
    the Departments, including the scientific and technical
    data generated by the research and development
    activities funded under subsection (g);
    (E) seek and incorporate other information on
    critical materials to enhance the Departments' utility
    for program participants and other users; and
    (F) <>  manage and make
    available to researchers and the public accessible,
    curated, standardized, secure, and

    [[Page 2572]]

    privacy-protected data sets from the public and private
    sectors for the purposes of critical materials research
    and development activities.
    (5) Proprietary information.--In carrying out this
    subsection, the Secretaries shall ensure, consistent with
    section 5(f) of the National Materials and Minerals Policy,
    Research and Development Act of 1980 (30 U.S.C. 1604(f)), that--
    (A) no person uses the information and data
    collected for the Portal for a purpose other than the
    development of, or reporting of, aggregate data in a
    manner such that the identity of the person or firm who
    supplied the information is not discernible and is not
    material to the intended uses of the information;
    (B) no person discloses any information or data
    collected for the Portal unless the information or data
    has been transformed into a statistical or aggregate
    form that does not allow the identification of the
    person or firm who supplied particular information; and
    (C) <>  procedures
    are established to require the withholding of any
    information or data collected for the Portal if at least
    1 of the Secretaries determines that the withholding is
    necessary to protect proprietary information, including
    any trade secrets or other confidential information.

    (j) Analysis and Forecasting.--
    (1) <>
    Capabilities.--In order to evaluate existing critical mineral
    policies and inform future actions that may be taken to avoid
    supply shortages, mitigate price volatility, and prepare for
    demand growth and other market shifts, the Secretary (acting
    through the Director of the United States Geological Survey) or
    a designee of the Secretary, in consultation with the Energy
    Information Administration, academic institutions, and others in
    order to maximize the application of existing competencies
    related to developing and maintaining computer-models and
    similar analytical tools, shall conduct and publish the results
    of an annual report that includes--
    (A) as part of the annually published Mineral
    Commodity Summaries from the United States Geological
    Survey, a comprehensive review of critical mineral
    production, consumption, and recycling patterns,
    including--
    (i) the quantity of each critical mineral
    domestically produced during the preceding year;
    (ii) the quantity of each critical mineral
    domestically consumed during the preceding year;
    (iii) market price data or other price data
    for each critical mineral;
    (iv) <>  an assessment of--
    (I) critical mineral requirements to
    meet the national security, energy,
    economic, industrial, technological, and
    other needs of the United States during
    the preceding year;
    (II) the reliance of the United
    States on foreign sources to meet those
    needs during the preceding year; and
    (III) the implications of any supply
    shortages, restrictions, or disruptions
    during the preceding year;

    [[Page 2573]]

    (v) the quantity of each critical mineral
    domestically recycled during the preceding year;
    (vi) the market penetration during the
    preceding year of alternatives to each critical
    mineral;
    (vii) a discussion of international trends
    associated with the discovery, production,
    consumption, use, costs of production, prices, and
    recycling of each critical mineral as well as the
    development of alternatives to critical minerals;
    and
    (viii) such other data, analyses, and
    evaluations as the Secretary finds are necessary
    to achieve the purposes of this subsection; and
    (B) <>  a comprehensive
    forecast, entitled the ``Annual Critical Minerals
    Outlook'', of projected critical mineral production,
    consumption, and recycling patterns, including--
    (i) the quantity of each critical mineral
    projected to be domestically produced over the
    subsequent 1-year, 5-year, and 10-year periods;
    (ii) the quantity of each critical mineral
    projected to be domestically consumed over the
    subsequent 1-year, 5-year, and 10-year periods;
    (iii) <>  an assessment
    of--
    (I) critical mineral requirements to
    meet projected national security,
    energy, economic, industrial,
    technological, and other needs of the
    United States;
    (II) the projected reliance of the
    United States on foreign sources to meet
    those needs; and
    (III) the projected implications of
    potential supply shortages,
    restrictions, or disruptions;
    (iv) the quantity of each critical mineral
    projected to be domestically recycled over the
    subsequent 1-year, 5-year, and 10-year periods;
    (v) the market penetration of alternatives to
    each critical mineral projected to take place over
    the subsequent 1-year, 5-year, and 10-year
    periods;
    (vi) a discussion of reasonably foreseeable
    international trends associated with the
    discovery, production, consumption, use, costs of
    production, and recycling of each critical mineral
    as well as the development of alternatives to
    critical minerals; and
    (vii) <>  such other
    projections relating to each critical mineral as
    the Secretary determines to be necessary to
    achieve the purposes of this subsection.
    (2) <>  Proprietary information.--In
    preparing a report described in paragraph (1), the Secretary
    shall ensure, consistent with section 5(f) of the National
    Materials and Minerals Policy, Research and Development Act of
    1980 (30 U.S.C. 1604(f)), that--
    (A) no person uses the information and data
    collected for the report for a purpose other than the
    development of or reporting of aggregate data in a
    manner such that the identity of the person or firm who
    supplied the information is not discernible and is not
    material to the intended uses of the information;
    (B) no person discloses any information or data
    collected for the report unless the information or data
    has

    [[Page 2574]]

    been transformed into a statistical or aggregate form
    that does not allow the identification of the person or
    firm who supplied particular information; and
    (C) <>  procedures
    are established to require the withholding of any
    information or data collected for the report if the
    Secretary determines that withholding is necessary to
    protect proprietary information, including any trade
    secrets or other confidential information.

    (k) Education and Workforce.--
    (1) <>  Workforce
    assessment.--Not later than 1 year and 300 days after the date
    of enactment of this Act, the Secretary of Labor (in
    consultation with the Secretary, the Director of the National
    Science Foundation, institutions of higher education with
    substantial expertise in mining, institutions of higher
    education with significant expertise in minerals research,
    including fundamental research into alternatives, and employers
    in the critical minerals sector) shall submit to Congress an
    assessment of the domestic availability of technically trained
    personnel necessary for critical mineral exploration,
    development, assessment, production, manufacturing, recycling,
    analysis, forecasting, education, and research, including an
    analysis of--
    (A) skills that are in the shortest supply as of the
    date of the assessment;
    (B) skills that are projected to be in short supply
    in the future;
    (C) the demographics of the critical minerals
    industry and how the demographics will evolve under the
    influence of factors such as an aging workforce;
    (D) the effectiveness of training and education
    programs in addressing skills shortages;
    (E) opportunities to hire locally for new and
    existing critical mineral activities;
    (F) the sufficiency of personnel within relevant
    areas of the Federal Government for achieving the
    policies described in section 3 of the National
    Materials and Minerals Policy, Research and Development
    Act of 1980 (30 U.S.C. 1602); and
    (G) the potential need for new training programs to
    have a measurable effect on the supply of trained
    workers in the critical minerals industry.
    (2) Curriculum study.--
    (A) <>  In
    general.--The Secretary and the Secretary of Labor shall
    jointly enter into an arrangement with the National
    Academy of Sciences and the National Academy of
    Engineering under which the Academies shall coordinate
    with the National Science Foundation on conducting a
    study--
    (i) to design an interdisciplinary program on
    critical minerals that will support the critical
    mineral supply chain and improve the ability of
    the United States to increase domestic, critical
    mineral exploration, development, production,
    manufacturing, research, including fundamental
    research into alternatives, and recycling;

    [[Page 2575]]

    (ii) to address undergraduate and graduate
    education, especially to assist in the development
    of graduate level programs of research and
    instruction that lead to advanced degrees with an
    emphasis on the critical mineral supply chain or
    other positions that will increase domestic,
    critical mineral exploration, development,
    production, manufacturing, research, including
    fundamental research into alternatives, and
    recycling;
    (iii) to develop guidelines for proposals from
    institutions of higher education with substantial
    capabilities in the required disciplines for
    activities to improve the critical mineral supply
    chain and advance the capacity of the United
    States to increase domestic, critical mineral
    exploration, research, development, production,
    manufacturing, and recycling; and
    (iv) <>
    to outline criteria for evaluating performance and
    recommendations for the amount of funding that
    will be necessary to establish and carry out the
    program described in paragraph (3).
    (B) Report.--Not later than 2 years after the date
    of enactment of this Act, the Secretary shall submit to
    Congress a description of the results of the study
    required under subparagraph (A).
    (3) Program.--
    (A) Establishment.--The Secretary and the Secretary
    of Labor shall jointly conduct a competitive grant
    program under which institutions of higher education may
    apply for and receive 4-year grants for--
    (i) startup costs for newly designated faculty
    positions in integrated critical mineral
    education, research, innovation, training, and
    workforce development programs consistent with
    paragraph (2);
    (ii) internships, scholarships, and
    fellowships for students enrolled in programs
    related to critical minerals;
    (iii) equipment necessary for integrated
    critical mineral innovation, training, and
    workforce development programs; and
    (iv) research of critical minerals and their
    applications, particularly concerning the
    manufacture of critical components vital to
    national security.
    (B) <>  Renewal.--A grant under
    this paragraph shall be renewable for up to 2 additional
    3-year terms based on performance criteria outlined
    under paragraph (2)(A)(iv).

    (l) National Geological and Geophysical Data Preservation Program.--
    Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C. 15908(k)) is
    amended by striking `` $30,000,000 for each of fiscal years 2006 through
    2010'' and inserting `` $5,000,000 for each of fiscal years 2021 through
    2029, to remain available until expended''.
    (m) Amendments to the National Materials and Minerals, Policy,
    Research and Development Act of 1980.--
    (1) Program plan.--Section 5 of the National Materials and
    Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
    1604) is amended--

    [[Page 2576]]

    (A) by striking ``date of enactment of this Act''
    each place it appears and inserting ``date of enactment
    of the Energy Act of 2020'';
    (B) in subsection (b)(1), by striking ``Federal
    Coordinating Council for Science, Engineering, and
    Technology'' and inserting ``National Science and
    Technology Council'';
    (C) in subsection (c)--
    (i) in the matter preceding paragraph (1)--
    (I) by striking ``the Federal
    Emergency'' and all that follows through
    ``Agency, and''; and
    (II) by striking ``appropriate
    shall'' and inserting ``appropriate,
    shall'';
    (ii) by striking paragraphs (1) and (3);
    (iii) by redesignating paragraph (2) as
    paragraph (1);
    (iv) in paragraph (1) (as so redesignated)--
    (I) by striking ``within 1 year
    after October 21, 1980'' and inserting
    ``not later than 1 year after the date
    of the enactment of the Energy Act of
    2020'';
    (II) by striking ``which assesses''
    and inserting ``that assesses''; and
    (III) by striking ``in the case''
    and all that follows through
    ``subsection, and which'' and inserting
    ``and that''; and
    (v) by adding at the end the following:
    ``(2) <>  assess the adequacy and
    stability of the supply of materials necessary to maintain
    national security, economic well-being, public health, and
    industrial production.''; and
    (D) in subsection (e), by striking ``Bureau of
    Mines'' each place it appears and inserting ``United
    States Geological Survey''.
    (2) Policy.--Section 3 of the National Materials and
    Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
    1602) is amended, in the matter preceding paragraph (1)--
    (A) in the first sentence, by striking ``The
    Congress declares that it'' and inserting ``It''; and
    (B) in the second sentence, by striking ``The
    Congress further declares that implementation'' and
    inserting ``Implementation''.
    (3) Implementation.--Section 4 of the National Materials and
    Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
    1603) is amended, in the matter preceding paragraph (1)--
    (A) by striking ``For the purpose'' and all that
    follows through ``declares that the'' and inserting
    ``The''; and
    (B) by striking ``departments and agencies,'' and
    inserting ``departments and agencies to implement the
    policy described in section 3''.

    (n) Administration.--
    (1) <>  In general.--The National Critical
    Materials Act of 1984 (30 U.S.C. 1801 et seq.) is repealed.
    (2) Conforming amendment.--Section 3(d) of the National
    Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
    5202(d)) is amended in the first sentence by striking ``, with
    the assistance of the National Critical Materials Council as

    [[Page 2577]]

    specified in the National Critical Materials Act of 1984 (30
    U.S.C. 1801 et seq.),''.
    (3) Savings clauses.--
    (A) In general.--Nothing in this section or an
    amendment made by this section modifies any requirement
    or authority provided by--
    (i) the matter under the heading
    ``geological survey'' of the
    first section of the Act of March 3, 1879 (43
    U.S.C. 31(a)); or
    (ii) the first section of Public Law 87-626
    (43 U.S.C. 31(b)).
    (B) Effect on department of defense.--Nothing in
    this section or an amendment made by this section
    affects the authority of the Secretary of Defense with
    respect to the work of the Department of Defense on
    critical material supplies in furtherance of the
    national defense mission of the Department of Defense.
    (C) Secretarial order not affected.--This section
    shall not apply to any mineral described in Secretarial
    Order No. 3324, issued by the Secretary on December 3,
    2012, in any area to which the order applies.

    (o) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    each of fiscal years 2021 through 2029.
    SEC. <>  7003. MONITORING MINERAL INVESTMENTS
    UNDER BELT AND ROAD INITIATIVE OF
    PEOPLE'S REPUBLIC OF CHINA.

    (a) <>  Report Required.--Not later
    than 1 year after the date of the enactment of this Act, the Director of
    National Intelligence (referred to in this section as the ``Director''),
    in consultation with the Secretary of the Interior, the Secretary of
    Energy, the Secretary of Commerce, the Secretary of State, the Secretary
    of Defense, and the United States Trade Representative, shall submit to
    the appropriate congressional committees a report on investments in
    minerals under the Belt and Road Initiative of the People's Republic of
    China that includes an assessment of--
    (1) notable past mineral investments;
    (2) whether and how such investments have increased the
    extent of control of minerals by the People's Republic of China;
    (3) any efforts by the People's Republic of China to counter
    or interfere with the goals of the Energy Resource Governance
    Initiative of the Department of State; and
    (4) the strategy of the People's Republic of China with
    respect to mineral investments.

    (b) <>  Monitoring Mechanism.--In conjunction with each
    report required by subsection (a), the Director shall submit to the
    appropriate congressional committees a list of any minerals with respect
    to which--
    (1) the People's Republic of China, directly or through the
    Belt and Road Initiative--
    (A) is increasing its concentration of extraction
    and processing;
    (B) is acquiring significant mining and processing
    facilities;
    (C) is maintaining or increasing export
    restrictions; or

    [[Page 2578]]

    (D) has achieved substantial control of the supply
    of minerals used within an industry or related minerals;
    (2) there is a significant difference between domestic
    prices in the People's Republic of China as compared to prices
    on international markets; or
    (3) there is a significant increase or volatility in price
    as a result of the Belt and Road Initiative of the People's
    Republic of China.

    (c) Critical Mineral Evaluation.--For any mineral included on the
    list required by subsection (b) that is not already designated as
    critical by the Secretary of the Interior pursuant to section 7002(c),
    the Director shall--
    (1) <>  determine, in
    consultation with the Secretary of the Interior, the Secretary
    of Energy, the Secretary of Commerce, the Secretary of State,
    the Secretary of Defense, and the United States Trade
    Representative, whether the mineral is strategic and critical to
    the defense or national security of the United States; and
    (2) <>  make a recommendation to
    the Secretary of the Interior regarding the designation of the
    mineral under section 7002(c).

    (d) Annual Updates.--The Director shall update the report required
    by subsection (a) and list required by subsection (b) not less
    frequently than annually.
    (e) Form.--Each report or list required by this section shall be
    submitted in unclassified form but may include a classified annex.
    (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the Committee on Energy and Natural Resources, the
    Committee on Foreign Relations, the Committee on Armed Services,
    the Committee on Finance, the Committee on Homeland Security and
    Governmental Affairs, the Committee on Commerce, Science, and
    Transportation, and the Committee on Appropriations of the
    Senate; and
    (2) the Committee on Energy and Commerce, the Committee on
    Foreign Affairs, the Committee on Armed Services, the Committee
    on Ways and Means, the Committee on Homeland Security, and the
    Committee on Appropriations of the House of Representatives.

    TITLE VIII--GRID MODERNIZATION

    SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.

    Section 1304 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17384) is amended--
    (1) in subsection (a), by inserting ``research, development,
    and demonstration'' before ``program'';
    (2) in subsection (b)--
    (A) by amending paragraph (1) to read as follows:
    ``(1) In general.--The Secretary shall establish a smart
    grid regional demonstration initiative (referred to in this
    subsection as the `Initiative') composed of demonstration
    projects focused on cost-effective, advanced technologies for
    use in power grid sensing, communications, analysis, power flow
    control, visualization, distribution automation, industrial
    control systems,

    [[Page 2579]]

    dynamic line rating systems, grid redesign, and the integration
    of distributed energy resources.''; and
    (B) in paragraph (2)--
    (i) in subparagraph (D), by striking ``and''
    at the end;
    (ii) in subparagraph (E), by striking the
    period and inserting ``; and''; and
    (iii) by inserting at the end the following:
    ``(F) to encourage the commercial application of
    advanced distribution automation technologies that exert
    intelligent control over electrical grid functions at
    the distribution level to improve system resilience.''.
    SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
    CONTROLS.

    Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by inserting after section 1304 the
    following:
    ``SEC. 1304A. <>  SMART GRID MODELING,
    VISUALIZATION, ARCHITECTURE, AND
    CONTROLS.

    ``(a) <>  In General.--Not later than 180 days
    after the enactment of this section, the Secretary shall establish a
    program of research, development, demonstration, and commercial
    application on electric grid modeling, sensing, visualization,
    architecture development, and advanced operation and controls.

    ``(b) Modeling Research and Development.--The Secretary shall
    support development of models of emerging technologies and systems to
    facilitate the secure and reliable design, planning, and operation of
    the electric grid for use by industry stakeholders. In particular, the
    Secretary shall support development of--
    ``(1) models to analyze and predict the effects of adverse
    physical and cyber events on the electric grid;
    ``(2) coupled models of electrical, physical, and cyber
    systems;
    ``(3) models of existing and emerging technologies being
    deployed on the electric grid due to projected changes in the
    electric generation mix and loads, for a variety of regional
    characteristics; and
    ``(4) integrated models of the communications, transmission,
    distribution, and other interdependent systems for existing,
    new, and emerging technologies.

    ``(c) Situational Awareness Research and Development.--
    ``(1) In general.--The Secretary shall support development
    of computational tools and technologies to improve sensing,
    monitoring, and visualization of the electric grid for real-time
    situational awareness and decision support tools that enable
    improved operation of the power system, including utility, non-
    utility, and customer grid-connected assets, for use by industry
    partners.
    ``(2) Data use.--In developing visualization capabilities
    under this section, the Secretary shall develop tools for
    industry stakeholders to use to analyze data collected from
    advanced measurement and monitoring technologies, including data
    from phasor measurement units and advanced metering units.

    [[Page 2580]]

    ``(3) Severe events.--The Secretary shall prioritize
    enhancing cyber and physical situational awareness of the
    electric grid during adverse manmade and naturally-occurring
    events.

    ``(d) Operation and Controls Research and Development.--
    The <>  Secretary shall conduct research to develop
    improvements to the operation and controls of the electric grid, in
    coordination with industry partners. Such activities shall include--
    ``(1) a training facility or facilities to allow grid
    operators to gain operational experience with advanced grid
    control concepts and technologies;
    ``(2) development of cost-effective advanced operation and
    control concepts and technologies, such as adaptive islanding,
    dynamic line rating systems, power flow controllers, network
    topology optimization, smart circuit breakers, intelligent load
    shedding, and fault-tolerant control system architectures;
    ``(3) development of real-time control concepts using
    artificial intelligence and machine learning for improved
    electric grid resilience; and
    ``(4) utilization of advanced data analytics including load
    forecasting, power flow modeling, equipment failure prediction,
    resource optimization, risk analysis, and decision analysis.

    ``(e) Interoperability Research and Development.--The Secretary
    shall conduct research and development on tools and technologies that
    improve the interoperability and compatibility of new and emerging
    components, technologies, and systems with existing electric grid
    infrastructure.
    ``(f) Underground Transmission and Distribution Lines.--In carrying
    out the program under subsection (a), the Secretary shall support
    research and development on underground transmission and distribution
    lines. This shall include research on--
    ``(1) methods for lowering the costs of underground
    transmission and distribution lines, including through novel
    installation techniques and materials considerations;
    ``(2) techniques to improve the lifespan of underground
    transmission and distribution lines;
    ``(3) wireless sensors to improve safety of underground
    transmission and distribution lines and to predict, identify,
    detect, and transmit information about degradation and faults;
    and
    ``(4) methods for improving the resilience and reliability
    of underground transmission and distribution lines, including
    technologies and techniques that can mitigate the impact of
    flooding, storm surge, and seasonal climate cycles on
    degradation of and damage to underground transmission and
    distribution lines.

    ``(g) Grid Architecture and Scenario Development.--
    ``(1) In general.--Subject to paragraph (3), the Secretary
    shall establish and facilitate a collaborative process to
    develop model grid architecture and a set of future scenarios
    for the electric grid to examine the impacts of different
    combinations of resources (including different quantities of
    distributed energy resources and large-scale, central
    generation) on the electric grid.
    ``(2) <>  Architecture.--In supporting the
    development of model grid architectures, the Secretary shall--

    [[Page 2581]]

    ``(A) analyze a variety of grid architecture
    scenarios that range from minor upgrades to existing
    transmission grid infrastructure to scenarios that
    involve the replacement of significant portions of
    existing transmission grid infrastructure;
    ``(B) analyze the effects of the increasing
    proliferation of renewable and other zero emissions
    energy generation sources, increasing use of distributed
    resources owned by non-utility entities, and the use of
    digital and automated controls not managed by grid
    operators;
    ``(C) include a variety of new and emerging
    distribution grid technologies, including distributed
    energy resources, electric vehicle charging stations,
    distribution automation technologies, energy storage,
    and renewable energy sources;
    ``(D) analyze the effects of local load balancing
    and other forms of decentralized control;
    ``(E) analyze the effects of changes to grid
    architectures resulting from modernizing electric grid
    systems, including communications, controls, markets,
    consumer choice, emergency response, electrification,
    and cybersecurity concerns; and
    ``(F) develop integrated grid architectures that
    incorporate system resilience for cyber, physical, and
    communications systems.
    ``(3) Market structure.--The grid architecture and scenarios
    developed under paragraph (1) shall, to the extent practicable,
    account for differences in market structure, including an
    examination of the potential for stranded costs in each type of
    market structure.

    ``(h) Computing Resources and Data Coordination Research and
    Development.--In carrying out this section, the Secretary shall--
    ``(1) leverage existing computing resources at the National
    Laboratories; and
    ``(2) develop voluntary standards for data taxonomies and
    communication protocols in coordination with public and private
    sector stakeholders.

    ``(i) Information Sharing.--None of the activities authorized in
    this section shall require private entities to share information or data
    with the Secretary.
    ``(j) <>  Resilience.--In this section, the term
    `resilience' means the ability to withstand and reduce the magnitude or
    duration of disruptive events, which includes the capability to
    anticipate, absorb, adapt to, or rapidly recover from such an event,
    including from deliberate attacks, accidents, and naturally occurring
    threats or incidents.''.
    SEC. 8003. INTEGRATED ENERGY SYSTEMS.

    Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1309 the
    following:
    ``SEC. 1310. <>  INTEGRATED ENERGY SYSTEMS.

    ``(a) <>  In General.--Not later than 180 days
    after the enactment of this section, the Secretary shall establish a
    research, development, and demonstration program to develop cost-
    effective integrated energy systems, including--

    [[Page 2582]]

    ``(1) development of computer modeling to design different
    configurations of integrated energy systems and to optimize
    system operation;
    ``(2) research on system integration needed to plan, design,
    build, and operate integrated energy systems, including
    interconnection requirements with the electric grid;
    ``(3) development of integrated energy systems for various
    applications, including--
    ``(A) thermal energy generation and storage for
    buildings and manufacturing;
    ``(B) electricity storage coupled with energy
    generation;
    ``(C) desalination;
    ``(D) production of liquid and gaseous fuels; and
    ``(E) production of chemicals such as ammonia and
    ethylene;
    ``(4) development of testing facilities for integrated
    energy systems; and
    ``(5) research on incorporation of various technologies for
    integrated energy systems, including nuclear energy, renewable
    energy, storage, and carbon capture, utilization, and
    sequestration technologies.

    ``(b) Strategic Plan.--
    ``(1) <>  In general.--Not later than 1
    year after the date of the enactment of this section, the
    Secretary shall submit to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a strategic plan that
    identifies opportunities, challenges, and standards needed for
    the development and commercial application of integrated energy
    systems. The strategic plan shall <> include--
    ``(A) analysis of the potential benefits of
    development of integrated electric systems on the
    electric grid;
    ``(B) analysis of the potential contributions of
    integrated energy systems to different grid architecture
    scenarios;
    ``(C) research and development goals for various
    integrated energy systems, including those identified in
    subsection (a);
    ``(D) <>  assessment of policy
    and market barriers to the adoption of integrated energy
    systems;
    ``(E) analysis of the technical and economic
    feasibility of adoption of different integrated energy
    systems; and
    ``(F) <>  a 10-year roadmap to
    guide the program established under subsection (a).
    ``(2) <>  Updates.--Not less than once
    every 3 years for the duration of this research program, the
    Secretary shall submit an updated version of the strategic plan
    to the Committee on Science, Space, and Technology of the House
    of Representatives and the Committee on Energy and Natural
    Resources of the Senate.

    ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of
    subsection (a), the Secretary shall--
    ``(1) <>  implement the
    recommendations set forth in the strategic plan in subsection
    (b);
    ``(2) <>  coordinate across all
    relevant program offices at the Department, including--

    [[Page 2583]]

    ``(A) the Office of Energy Efficiency and Renewable
    Energy;
    ``(B) the Office of Nuclear Energy; and
    ``(C) the Office of Fossil Energy;
    ``(3) leverage existing programs and resources of the
    Department; and
    ``(4) prioritize activities that accelerate the development
    of integrated electricity generation, storage, and distribution
    systems with net zero greenhouse gas emissions.

    ``(d) Integrated Energy System Defined.--The term `integrated energy
    system' means a system composed of 2 or more co-located or jointly
    operated sub-systems of energy generation, energy storage, or other
    energy technologies.''.
    SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.

    (a) Integrating Distributed Energy Resources Onto the Electric
    Grid.--Section 925(a) of the Energy Policy Act of 2005 (42 U.S.C. 16215)
    is amended--
    (1) by redesignating paragraphs (10) and (11) as paragraphs
    (12) and (13), respectively; and
    (2) by inserting after paragraph (9) the following:
    ``(10) the development of cost-effective technologies that
    enable two-way information and power flow between distributed
    energy resources and the electric grid;
    ``(11) the development of technologies and concepts that
    enable interoperability between distributed energy resources and
    other behind-the-meter devices and the electric grid;''.

    (b) Integrating Renewable Energy Onto the Electric Grid.--Subtitle C
    of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16231 et seq.)
    is amended by adding at the end the following:
    ``SEC. 936. <>  RESEARCH AND DEVELOPMENT INTO
    INTEGRATING RENEWABLE ENERGY ONTO THE
    ELECTRIC GRID.

    ``(a) <>  In General.--Not later than 180 days
    after the enactment of this section, the Secretary shall establish a
    research, development, and demonstration program on technologies that
    enable integration of renewable energy generation sources onto the
    electric grid across multiple program offices of the Department. The
    program shall include--
    ``(1) forecasting for predicting generation from variable
    renewable energy sources;
    ``(2) development of cost-effective low-loss, long-distance
    transmission lines; and
    ``(3) development of cost-effective advanced technologies
    for variable renewable generation sources to provide grid
    services.

    ``(b) Coordination.--In carrying out this program, the Secretary
    shall coordinate across all relevant program offices at the Department
    to achieve the goals established in this section, including the Office
    of Electricity.
    ``(c) Adoption of Technologies.--In carrying out this section, the
    Secretary shall consider barriers to adoption and commercial application
    of technologies that enable integration of renewable energy sources onto
    the electric grid, including cost and other economic barriers, and shall
    coordinate with relevant entities to reduce these barriers.''.
    (c) Integrating Electric Vehicles Onto the Electric Grid.--Subtitle
    B of title I of the Energy Independence and Security

    [[Page 2584]]

    Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at the end
    the following:
    ``SEC. 137. <>  RESEARCH AND DEVELOPMENT INTO
    INTEGRATING ELECTRIC VEHICLES ONTO THE
    ELECTRIC GRID.

    ``(a) In General.--The Secretary shall establish a research,
    development, and demonstration program to advance the integration of
    electric vehicles, including plug-in hybrid electric vehicles, onto the
    electric grid.
    ``(b) <>  Vehicles-to-grid Integration Assessment
    Report.--Not later than 1 year after the enactment of this section, the
    Secretary shall submit to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate a report on the results of a study
    that examines the research, development, and demonstration
    opportunities, challenges, and standards needed for integrating electric
    vehicles onto the electric grid.
    ``(1) Report requirements.--The report shall include--
    ``(A) <>  an evaluation of the
    use of electric vehicles to maintain the reliability of
    the electric grid, including--
    ``(i) the use of electric vehicles for demand
    response, load shaping, emergency power, and
    frequency regulation; and
    ``(ii) the potential for the reuse of spent
    electric vehicle batteries for stationary grid
    storage;
    ``(B) the impact of grid integration on electric
    vehicles, including--
    ``(i) the impact of bi-directional electricity
    flow on battery degradation; and
    ``(ii) the implications of the use of electric
    vehicles for grid services on original equipment
    manufacturer warranties;
    ``(C) the impacts to the electric grid of increased
    penetration of electric vehicles, including--
    ``(i) the distribution grid infrastructure
    needed to support an increase in charging
    capacity;
    ``(ii) strategies for integrating electric
    vehicles onto the distribution grid while limiting
    infrastructure upgrades;
    ``(iii) the changes in electricity demand over
    a 24-hour cycle due to electric vehicle charging
    behavior;
    ``(iv) the load increases expected from
    electrifying the transportation sector;
    ``(v) the potential for customer incentives
    and other managed charging stations strategies to
    shift charging off-peak;
    ``(vi) the technology needed to achieve bi-
    directional power flow on the distribution grid;
    and
    ``(vii) the implementation of smart charging
    techniques;
    ``(D) research on the standards needed to integrate
    electric vehicles with the grid, including
    communications systems, protocols, and charging
    stations, in collaboration with the National Institute
    for Standards and Technology;
    ``(E) the cybersecurity challenges and needs
    associated with electrifying the transportation sector;
    and

    [[Page 2585]]

    ``(F) <>  an assessment of the
    feasibility of adopting technologies developed under the
    program established under subsection (a) at Department
    facilities.
    ``(2) <>  Recommendations.--As part of
    the Vehicles-to-Grid Integration Assessment Report, the
    Secretary shall develop a 10-year roadmap to guide the research,
    development, and demonstration program to integrate electric
    vehicles onto the electric grid.
    ``(3) Consultation.--In developing this report, the
    Secretary shall consult with relevant stakeholders, including--
    ``(A) electric vehicle manufacturers;
    ``(B) electric utilities;
    ``(C) public utility commissions;
    ``(D) vehicle battery manufacturers;
    ``(E) electric vehicle supply equipment
    manufacturers;
    ``(F) charging infrastructure manufacturers;
    ``(G) the National Laboratories; and
    ``(H) other Federal agencies, as the Secretary
    determines appropriate.
    ``(4) <>  Updates.--The Secretary shall
    update the report required under this section every 3 years for
    the duration of the program under section (a) and shall submit
    the updated report to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate.

    ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of section,
    the Secretary shall--
    ``(1) <>  implement the
    recommendations set forth in the report in subsection (b); and
    ``(2) <>  coordinate across all
    relevant program offices at the Department to achieve the goals
    established in this section, including the Office of
    Electricity.

    ``(d) Testing Capabilities.--The Secretary shall coordinate with the
    National Laboratories to develop testing capabilities for the
    evaluation, rapid prototyping, and optimization of technologies enabling
    integration of electric vehicles onto the electric grid.''.
    SEC. 8005. ADVISORY COMMITTEE.

    Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1310 (as added
    by section 8003 of this Act) the following:
    ``SEC. 1311. <>  ADVISORY COMMITTEE.

    ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall designate an existing advisory
    committee to advise the Secretary on the authorization of research,
    development, and demonstration projects under sections 1304 and 1304A.
    ``(b) Responsibility.--The Secretary shall annually solicit from the
    advisory committee--
    ``(1) comments to identify grid modernization technology
    needs;
    ``(2) <>  an assessment of the progress
    of the research activities on grid modernization; and
    ``(3) assistance in annually updating grid modernization
    technology roadmaps.''.

    [[Page 2586]]

    SEC. 8006. <>  COORDINATION OF EFFORTS.

    In carrying out the amendments made by this title, the Secretary
    shall coordinate with relevant entities to the maximum extent
    practicable, including--
    (1) electric utilities;
    (2) private sector entities;
    (3) representatives of all sectors of the electric power
    industry;
    (4) transmission organizations;
    (5) transmission owners and operators;
    (6) distribution organizations;
    (7) distribution asset owners and operators;
    (8) State, Tribal, local, and territorial governments and
    regulatory authorities;
    (9) academic institutions;
    (10) the National Laboratories;
    (11) other Federal agencies;
    (12) nonprofit organizations;
    (13) the Federal Energy Regulatory Commission;
    (14) the North American Reliability Corporation;
    (15) independent system operators; and
    (16) programs and program offices at the Department.
    SEC. 8007. <>  TECHNOLOGY DEMONSTRATION ON
    THE DISTRIBUTION GRID.

    (a) In General.--The Secretary shall establish a grant program to
    carry out eligible projects related to the modernization of the electric
    grid, including the application of technologies to improve
    observability, advanced controls, and prediction of system performance
    on the distribution system.
    (b) Eligible Projects.--To be eligible for a grant under subsection
    (a), a project shall--
    (1) be designed to improve the performance and efficiency of
    the future electric grid, while ensuring the continued provision
    of safe, secure, reliable, and affordable power; and
    (2) demonstrate--
    (A) secure integration and management of two or more
    energy resources, including distributed energy
    generation, combined heat and power, micro-grids, energy
    storage, electric vehicles, energy efficiency, demand
    response, and intelligent loads; and
    (B) secure integration and interoperability of
    communications and information technologies.
    SEC. 8008. <>  VOLUNTARY MODEL PATHWAYS.

    (a) Establishment of Voluntary Model Pathways.--
    (1) <>  Establishment.--Not
    later than 90 days after the date of enactment of this Act, the
    Secretary of Energy (in this section referred to as the
    ``Secretary''), in consultation with the steering committee
    established under paragraph (3), shall initiate the development
    of voluntary model pathways for modernizing the electric grid
    through a collaborative, public-private effort that--
    (A) produces illustrative policy pathways
    encompassing a diverse range of technologies that can be
    adapted for State and regional applications by
    regulators and policymakers;

    [[Page 2587]]

    (B) facilitates the modernization of the electric
    grid and associated communications networks to achieve
    the objectives described in paragraph (2);
    (C) ensures a reliable, resilient, affordable, safe,
    and secure electric grid; and
    (D) acknowledges and accounts for different
    priorities, electric systems, and rate structures across
    States and regions.
    (2) Objectives.--The pathways established under paragraph
    (1) shall facilitate achievement of as many of the following
    objectives as practicable:
    (A) Near real-time situational awareness of the
    electric system.
    (B) Data visualization.
    (C) Advanced monitoring and control of the advanced
    electric grid.
    (D) Enhanced certainty of policies for investment in
    the electric grid.
    (E) Increased innovation.
    (F) Greater consumer empowerment.
    (G) Enhanced grid resilience, reliability, and
    robustness.
    (H) Improved--
    (i) integration of distributed energy
    resources;
    (ii) interoperability of the electric system;
    and
    (iii) predictive modeling and capacity
    forecasting.
    (I) Reduced cost of service for consumers.
    (J) Diversification of generation sources.
    (3) <>  Steering committee.--Not later than
    90 days after the date of enactment of this Act, the Secretary
    shall establish a steering committee to help develop the
    pathways under paragraph (1), to be composed of members
    appointed by the Secretary, consisting of persons with
    appropriate expertise representing a diverse range of interests
    in the public, private, and academic sectors, including
    representatives of--
    (A) the Federal Energy Regulatory Commission;
    (B) the National Laboratories;
    (C) States;
    (D) State regulatory authorities;
    (E) transmission organizations;
    (F) representatives of all sectors of the electric
    power industry;
    (G) institutions of higher education;
    (H) independent research institutes; and
    (I) other entities.

    (b) Technical Assistance.--The Secretary may provide technical
    assistance to States, Indian Tribes, or units of local government to
    adopt or implement one or more elements of the pathways developed under
    subsection (a)(1), including on a pilot basis.
    SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
    PROVIDERS.

    (a) <>  In General.--Not later than 2
    years after the date of enactment of this Act, the Secretary of Energy,
    in consultation with the steering committee established under section
    8008(a)(3), shall submit to the Committee on Energy and Natural
    Resources

    [[Page 2588]]

    of the Senate and the Committee on Energy and Commerce of the House of
    Representatives a report that includes--
    (1) <>  an evaluation of the performance
    of the electric grid as of the date of the report; and
    (2) a description of the projected range of measurable costs
    and benefits associated with the changes evaluated under the
    scenarios developed under section 1304A of the Energy
    Independence and Security Act of 2007.

    (b) Considerations for Development of Metrics.--In developing
    metrics for the evaluation and projections under subsection (a), the
    Secretary of Energy shall consider--
    (1) standard methodologies for calculating improvements or
    deteriorations in the performance metrics, such as reliability,
    grid efficiency, power quality, consumer satisfaction,
    sustainability, and financial incentives;
    (2) standard methodologies for calculating potential costs
    and measurable benefits value to ratepayers, applying the
    performance metrics developed under paragraph (1);
    (3) identification of tools, resources, and deployment
    models that may enable improved performance through the adoption
    of emerging, commercially available or advanced grid
    technologies or solutions, including--
    (A) multicustomer micro-grids;
    (B) distributed energy resources;
    (C) energy storage;
    (D) electric vehicles;
    (E) electric vehicle charging infrastructure;
    (F) integrated information and communications
    systems;
    (G) transactive energy systems; and
    (H) advanced demand management systems; and
    (4) the role of States and local regulatory authorities in
    enabling a robust future electric grid to ensure that--
    (A) electric utilities remain financially viable;
    (B) electric utilities make the needed investments
    that ensure a reliable, secure, and resilient grid; and
    (C) costs incurred to transform to an integrated
    grid are allocated and recovered responsibly,
    efficiently, and equitably.
    SEC. 8010. <>  VOLUNTARY STATE, REGIONAL, AND
    LOCAL ELECTRICITY DISTRIBUTION PLANNING.

    (a) In General.--On the request of a State, regional organization,
    or electric utility, the Secretary of Energy shall provide assistance to
    States, regional organizations, and electric utilities to facilitate the
    development of State, regional, and local electricity distribution plans
    by--
    (1) <>  conducting a resource
    assessment and analysis of future demand and distribution
    requirements; and
    (2) developing open source tools for State, regional, and
    local planning and operations.

    (b) Risk and Security Analysis.--The assessment under subsection
    (a)(1) shall include--
    (1) <>  the evaluation of the physical
    security, cybersecurity, and associated communications needs of
    an advanced distribution management system and the integration
    of distributed energy resources; and

    [[Page 2589]]

    (2) advanced use of grid architecture to analyze risks in an
    all-hazards approach that includes communications
    infrastructure, control systems architecture, and power systems
    architecture.

    (c) Designation.--The information collected for the assessment and
    analysis under subsection (a)(1)--
    (1) shall be considered to be critical electric
    infrastructure information under section 215A of the Federal
    Power Act (16 U.S.C. 824o-1); and
    (2) shall only be released in compliance with regulations
    implementing that section.

    (d) Technical Assistance.--For the purpose of assisting in the
    development of State and regional electricity distribution plans, the
    Secretary shall provide technical assistance to--
    (1) States;
    (2) regional reliability entities; and
    (3) other distribution asset owners and operators.

    (e) Withdrawal.--A State or any entity that has requested technical
    assistance under this section may withdraw the request for technical
    assistance at any time, and on such withdrawal, the Secretary shall
    terminate all assistance efforts.
    (f) Effect.--Nothing in this section authorizes the Secretary to
    require any State, regional organization, regional reliability entity,
    asset owner, or asset operator to adopt any model, tool, plan, analysis,
    or assessment.
    SEC. 8011. <>  MICRO-GRID AND INTEGRATED
    MICRO-GRID SYSTEMS PROGRAM.

    (a) Definitions.--In this section:
    (1) Integrated micro-grid system.--The term ``integrated
    micro-grid system'' means a micro-grid system that--
    (A) comprises generation from both conventional and
    renewable energy resources; and
    (B) may use grid-scale energy storage.
    (2) Isolated community.--The term ``isolated community''
    means a community that is powered by a stand-alone electric
    generation and distribution system without the economic and
    reliability benefits of connection to a regional electric grid.
    (3) Micro-grid system.--The term ``micro-grid system'' means
    a localized grid that operates autonomously, regardless of
    whether the grid can operate in connection with another grid.
    (4) Rural electric cooperative.--The term ``rural electric
    cooperative'' means an electric cooperative (as defined in
    section 3 of the Federal Power Act (16 U.S.C. 796)) that sells
    electric energy to persons in rural areas.
    (5) Strategy.--The term ``strategy'' means the strategy
    developed pursuant to subsection (b)(2)(B).

    (b) Program.--
    (1) Establishment.--The Secretary of Energy (in this section
    referred to as the ``Secretary'') shall establish a program to
    promote the development of--
    (A) integrated micro-grid systems for isolated
    communities; and
    (B) micro-grid systems to increase the resilience of
    critical infrastructure.

    [[Page 2590]]

    (2) Requirements.--The program established under paragraph
    (1) shall--
    (A) <>  develop a feasibility
    assessment for--
    (i) integrated micro-grid systems in isolated
    communities; and
    (ii) micro-grid systems to enhance the
    resilience of critical infrastructure;
    (B) <>  develop an
    implementation strategy, in accordance with paragraph
    (3), to promote the development of integrated micro-grid
    systems for isolated communities, particularly for those
    communities exposed to extreme weather conditions and
    high energy costs, including electricity, space heating
    and cooling, and transportation;
    (C) <>  develop an
    implementation strategy to promote the development of
    micro-grid systems that increase the resilience of
    critical infrastructure; and
    (D) carry out cost-shared demonstration projects,
    based upon the strategies developed under subparagraph
    (B) that include the development of physical and
    cybersecurity plans to take appropriate measures to
    protect and secure the electric grid.
    (3) Requirements for strategy.--In developing the strategy
    under paragraph (2)(B), the Secretary shall consider--
    (A) opportunities for improving the efficiency of
    existing integrated micro-grid systems;
    (B) the capacity of the local workforce to operate,
    maintain, and repair a integrated micro-grid system as
    well as opportunities to improve that capacity;
    (C) leveraging existing capacity within local or
    regional research organizations, such as organizations
    based at institutions of higher education, to support
    development of integrated micro-grid systems, including
    by testing novel components and systems prior to field
    deployment;
    (D) the need for basic infrastructure to develop,
    deploy, and sustain a integrated micro-grid system;
    (E) input of traditional knowledge from local
    leaders of isolated communities in the development of a
    integrated micro-grid system;
    (F) the impact of integrated micro-grid systems on
    defense, homeland security, economic development, and
    environmental interests;
    (G) opportunities to leverage existing interagency
    coordination efforts and recommendations for new
    interagency coordination efforts to minimize unnecessary
    overhead, mobilization, and other project costs; and
    (H) any other criteria the Secretary determines
    appropriate.

    (c) Collaboration.--The program established under subsection (b)(1)
    shall be carried out in collaboration with relevant stakeholders,
    including, as appropriate--
    (1) States;
    (2) Indian Tribes;
    (3) regional entities and regulators;
    (4) units of local government;
    (5) institutions of higher education; and
    (6) private sector entities.

    [[Page 2591]]

    (d) <>  Report.--Not later than 180 days after
    the date of enactment of this Act, and annually thereafter until
    calendar year 2029, the Secretary shall submit to the Committee on
    Energy and Natural Resources of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a report on the efforts to
    implement the program established under subsection (b)(1) and the status
    of the strategy developed under subsection (b)(2)(B).

    (e) Barriers and Benefits to Micro-grid Systems.--
    (1) Report.--Not later than 270 days after the date of
    enactment of this Act, the Secretary shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Energy and Commerce of the House of Representatives
    a report on the benefits of, and barriers to, implementing
    resilient micro-grid systems that are--
    (A)(i) owned or operated by an isolated community,
    rural electric cooperative, or municipal government; or
    (ii) operated on behalf of a municipal government or
    rural electric cooperative; and
    (B) designed to maximize the use of--
    (i) energy-generation facilities owned or
    operated by isolated communities; or
    (ii) a municipal or rural electric cooperative
    energy-generation facility.
    (2) Grants to overcome barriers.--The Secretary shall award
    grants of not more than $500,000 to not fewer than 20 municipal
    governments, rural electric cooperatives, or isolated
    communities, up to a total of $15,000,000, each year to assist
    those municipal governments, rural electric cooperatives, and
    isolated communities in overcoming the barriers identified in
    the report under paragraph (1).
    SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF APPROPRIATIONS.

    (a) Technical Amendments.--
    (1) Energy independence and security act of 2007.--Section
    1(b) of the Energy Independence and Security Act of 2007 is
    amended in the table of contents--
    (A) by inserting the following after the item
    related to section 136:

    ``Sec. 137. Research and development into integrating electric vehicles
    onto the electric grid.'';

    (B) by inserting the following after the item
    related to section 1304:

    ``Sec. 1304A. Smart grid modeling, visualization, architecture, and
    controls.''; and

    (C) by inserting the following after the item
    related to section 1309:

    ``Sec. 1310. Integrated energy systems.
    ``Sec. 1311. Advisory committee.''.

    [[Page 2592]]

    (2) Energy policy act of 2005.--Section 1(b) of the Energy
    Policy Act of 2005 is amended in the table of contents by
    inserting the following after the item related to section 935:

    ``Sec. 936. Research and development into integrating renewable energy
    onto the electric grid.''.

    (b) Authorization of Appropriations.--There are authorized to be
    appropriated--
    (1) to carry out section 8006 and the amendments made by
    sections 8001, 8002, and 8005 of this title--
    (A) $175,000,000 for fiscal year 2021;
    (B) $180,000,000 for fiscal year 2022;
    (C) $185,000,000 for fiscal year 2023;
    (D) $190,000,000 for fiscal year 2024; and
    (E) $199,500,000 for fiscal year 2025;
    (2) to carry out sections 8007, 8008, 8009, 8010, and 8011
    of this title $175,000,000 for each of fiscal years 2021 through
    2025;
    (3) to carry out section 8003 of this title--
    (A) $21,000,000 for fiscal year 2021;
    (B) $22,050,000 for fiscal year 2022;
    (C) $23,153,000 for fiscal year 2023;
    (D) $24,310,000 for fiscal year 2024; and
    (E) $25,525,000 for fiscal year 2025; and
    (4) to carry out section 8004 of this title--
    (A) $52,500,000 for fiscal year 2021;
    (B) $55,152,000 for fiscal year 2022;
    (C) $57,882,000 for fiscal year 2023;
    (D) $60,775,000 for fiscal year 2024; and
    (E) $63,814,000 for fiscal year 2025.
    SEC. 8013. INDIAN ENERGY.

    (a) Definition of Indian Land.--Section 2601(2) of the Energy Policy
    Act of 1992 (25 U.S.C. 3501(2)) is amended--
    (1) in subparagraph (B)(iii), by striking ``and'';
    (2) in subparagraph (C), by striking ``land.'' and inserting
    ``land;''; and
    (3) by adding at the end the following subparagraphs:
    ``(D) any land located in a census tract in which
    the majority of residents are Natives (as defined in
    section 3(b) of the Alaska Native Claims Settlement Act
    (43 U.S.C. 1602(b))); and
    ``(E) any land located in a census tract in which
    the majority of residents are persons who are enrolled
    members of a federally recognized Tribe or village.''.

    (b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy
    Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the
    end the following subparagraphs:
    ``(D) The Secretary of Energy may reduce any applicable cost
    share required of an Indian tribe, intertribal organization, or
    tribal energy development organization in order to receive a
    grant under this subsection to not less than 10 percent if the
    Indian tribe, intertribal organization, or tribal energy
    development organization meets criteria developed by the
    Secretary of Energy, including financial need.

    [[Page 2593]]

    ``(E) Section 988 of the Energy Policy Act of 2005 (42
    U.S.C. 16352) shall not apply to assistance provided under this
    subsection.''.

    (c) Authorization of Appropriations.--Section 2602(b)(7) of the
    Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking
    `` $20,000,000 for each of fiscal years 2006 through 2016'' and
    inserting `` $30,000,000 for each of fiscal years 2021 through 2025''.
    SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

    (a) Assessment.--The Secretary of Energy shall conduct an assessment
    of the status of access to electricity by households residing in Tribal
    communities or on Indian land, and the reliability of electric service
    available to households residing in Tribal communities or on Indian
    land, as compared to the status of access to and reliability of
    electricity within neighboring States or within the State in which
    Indian land is located.
    (b) <>  Consultation.--The
    Secretary of Energy shall consult with Indian Tribes, Tribal
    organizations, the North American Electricity Reliability Corporation,
    and the Federal Energy Regulatory Commission in the development and
    conduct of the assessment under subsection (a). Indian Tribes and Tribal
    organizations shall have the opportunity to review and make
    recommendations regarding the development of the assessment and the
    findings of the assessment, prior to the submission of the report under
    subsection (c).

    (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Commerce of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report on the results of
    the assessment conducted under subsection (a), which shall include--
    (1) a description of generation, transmission, and
    distribution assets available to provide electricity to
    households residing in Tribal communities or on Indian land;
    (2) <>  a survey of the retail and wholesale
    prices of electricity available to households residing in Tribal
    communities or on Indian land;
    (3) a description of participation of Tribal members in the
    electric utility workforce, including the workforce for
    construction and maintenance of renewable energy resources and
    distributed energy resources;
    (4) the percentage of households residing in Tribal
    communities or on Indian land that do not have access to
    electricity;
    (5) the potential of distributed energy resources to provide
    electricity to households residing in Tribal communities or on
    Indian land;
    (6) the potential for tribally-owned electric utilities or
    electric utility assets to participate in or benefit from
    regional electricity markets;
    (7) a description of the barriers to providing access to
    electric service to households residing in Tribal communities or
    on Indian land; and
    (8) <>  recommendations to improve
    access to and reliability of electric service for households
    residing in Tribal communities or on Indian land.

    (d) Definitions.--In this section:

    [[Page 2594]]

    (1) Tribal member.--The term ``Tribal member'' means a
    person who is an enrolled member of a federally recognized Tribe
    or village.
    (2) Tribal community.--The term ``Tribal community'' means a
    community in a United States census tract in which the majority
    of residents are persons who are enrolled members of a federally
    recognized Tribe or village.
    SEC. 8015. NET METERING STUDY AND EVALUATION.

    (a) <>  In General.--Not later than 180
    days after the date of enactment of this Act, the Secretary of Energy
    shall seek to enter into an agreement with the National Academies of
    Sciences, Engineering, and Medicine (referred to in this section as the
    ``National Academies'') under which the National Academies shall--
    (1) study the opportunities and challenges associated with
    net metering; and
    (2) evaluate the expected medium- and long-term impacts of
    net metering.

    (b) Elements.--The study and evaluation conducted pursuant to the
    agreement entered into under subsection (a) shall address--
    (1) developments in net metering, including the emergence of
    new technologies;
    (2) alternatives to existing metering systems that--
    (A) provide for transactions that--
    (i) measure electric energy consumption by an
    electric consumer at the home or facility of that
    electric consumer; and
    (ii) are capable of sending electric energy
    usage information through a communications network
    to an electric utility;
    (B) promote equitable distribution of resources and
    costs; and
    (C) provide incentives for the use of distributed
    renewable generation;
    (3) net metering planning and operating techniques;
    (4) effective architecture for net metering;
    (5) successful net metering business models;
    (6) consumer and industry incentives for net metering;
    (7) the role of renewable resources in the electric grid;
    (8) the role of net metering in developing future models for
    renewable infrastructure; and
    (9) the use of battery storage with net metering.

    (c) Report.--
    (1) In general.--The agreement entered into under subsection
    (a) shall require the National Academies to submit to the
    Secretary of Energy, not later than 2 years after entering into
    the agreement, a report that describes the results of the study
    and evaluation conducted pursuant to the agreement.
    (2) <>  Public availability.--The report
    submitted under paragraph (1) shall be made available to the
    public through electronic means, including the internet.

    [[Page 2595]]

    TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.

    Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
    amended--
    (1) by striking subsection (a) and all that follows through
    ``The Coordinator'' in subsection (b) and inserting the
    following:

    ``(a) Office of Technology Transitions.--
    ``(1) Establishment.--There is established within the
    Department an Office of Technology Transitions (referred to in
    this section as the `Office').
    ``(2) Mission.--The mission of the Office shall be--
    ``(A) to expand the commercial impact of the
    research investments of the Department; and
    ``(B) to focus on commercializing technologies that
    support the missions of the Department, including
    reducing greenhouse gas emissions and other pollutants.
    ``(3) Goals.--
    ``(A) In general.--In carrying out the mission and
    activities of the Office, the Chief Commercialization
    Officer appointed under paragraph (4) shall, with
    respect to commercialization activities, meet all of the
    goals described in subparagraph (B).
    ``(B) Goals described.--The goals referred to in
    subparagraph (A) are the following:
    ``(i) Reduction of greenhouse gas emissions
    and other pollutants.
    ``(ii) Ensuring economic competitiveness.
    ``(iii) Enhancement of domestic energy
    security and national security.
    ``(iv) Enhancement of domestic jobs.
    ``(v) Improvement of energy efficiency.
    ``(vi) Any other goals to support the transfer
    of technology developed by Department-funded
    programs to the private sector, as consistent with
    missions of the Department.
    ``(4) Chief commercialization officer.--
    ``(A) In general.--The Office shall be headed by an
    officer, who shall be known as the `Chief
    Commercialization Officer', and who shall report
    directly to, and be appointed by, the Secretary.
    ``(B) Principal advisor.--The Chief
    Commercialization Officer shall be the principal advisor
    to the Secretary on all matters relating to technology
    transfer and commercialization.
    ``(C) Qualifications.--The Chief Commercialization
    Officer'';
    (2) in subsection (c)--
    (A) in paragraph (1), by striking ``subsection (d)''
    and inserting ``subsection (b)'';
    (B) by redesignating paragraphs (1) through (4) as
    clauses (i) through (iv), respectively, and indenting
    appropriately; and
    (C) by striking the subsection designation and
    heading and all that follows through ``The Coordinator''
    in the

    [[Page 2596]]

    matter preceding clause (i) (as so redesignated) and
    inserting the following:
    ``(D) Duties.--The Chief Commercialization
    Officer'';
    (3) by adding at the end of subsection (a) (as amended by
    paragraph (2)(C)) the following:
    ``(5) Coordination.--In carrying out the mission and
    activities of the Office, the Chief Commercialization Officer
    shall coordinate with the senior leadership of the Department,
    other relevant program offices of the Department, National
    Laboratories, the Technology Transfer Working Group established
    under subsection (b), the Technology Transfer Policy Board, and
    other stakeholders (including private industry).'';
    (4) by redesignating subsections (d) through (h) as
    subsections (b) through (f), respectively;
    (5) in subsection (f) (as so redesignated), by striking
    ``subsection (e)'' and inserting ``subsection (c)''; and
    (6) by adding at the end the following:

    ``(g) Additional Technology Transfer Programs.--The Secretary may
    develop additional programs to--
    ``(1) support regional energy innovation systems;
    ``(2) support clean energy incubators;
    ``(3) provide small business vouchers;
    ``(4) provide financial and technical assistance for
    entrepreneurial fellowships at national laboratories;
    ``(5) encourage students, energy researchers, and national
    laboratory employees to develop entrepreneurial skillsets and
    engage in entrepreneurial opportunities;
    ``(6) support private companies and individuals in
    partnering with National Laboratories; and
    ``(7) further support the mission and goals of the
    Office.''.
    SEC. 9002. <>  LAB PARTNERING SERVICE
    PILOT PROGRAM.

    (a) Pilot Program.--
    (1) In general.--The Secretary of Energy (in this section
    referred to as the ``Secretary''), acting through the Chief
    Commercialization Officer established in section 1001(a) of the
    Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish
    a Lab Partnering Service Pilot Program (hereinafter in this
    section referred to as the ``pilot program'').
    (2) <>  Purposes.--The purposes of the pilot
    program are to provide services that encourage and support
    partnerships between the National Laboratories and public and
    private sector entities, and to improve communication of
    research, development, demonstration, and commercial application
    projects and opportunities at the National Laboratories to
    potential partners through the development of a website and the
    provision of services, in collaboration with relevant external
    entities, and to identify and develop metrics regarding the
    effectiveness of such partnerships.
    (3) Activities.--In carrying out this pilot program, the
    Secretary shall--
    (A) conduct outreach to and engage with relevant
    public and private entities;
    (B) identify and disseminate best practices for
    strengthening connections between the National
    Laboratories and public and private sector entities; and
    (C) <>  develop a website to
    disseminate information on--

    [[Page 2597]]

    (i) different partnering mechanisms for
    working with the National Laboratories;
    (ii) National Laboratory experts and research
    areas; and
    (iii) National Laboratory facilities and user
    facilities.

    (b) Metrics.--The Secretary shall support the development of
    metrics, including conversion metrics, to determine the effectiveness of
    the pilot program in achieving the purposes in subsection (a) and the
    number and types of partnerships established between public and private
    sector entities and the National Laboratories compared to baseline data.
    (c) Coordination.--In carrying out the activities authorized in this
    section, the Secretary shall coordinate with the Directors of (and
    dedicated technology transfer staff at) the National Laboratories, in
    particular for matchmaking services for individual projects, which
    should be led by the National Laboratories.
    (d) Funding Employee Partnering Activities.--The Secretary shall
    delegate to the Directors of each National Laboratory and single-purpose
    research facility of the Department the authority to compensate National
    Laboratory employees providing services under this section.
    (e) Duration.--Subject to the availability of appropriations, the
    pilot program established in this section shall operate for not less
    than 3 years and may be built off an existing program.
    (f) <>  Evaluation.--Not later than 6 months after
    the completion of this pilot program, the Secretary shall support the
    evaluation of the success of the pilot program in achieving the purposes
    in subsection (a) and shall submit the evaluation to the Committee on
    Science, Space, and Technology of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate. The assessment
    shall include analyses of the performance of the pilot program based on
    the metrics developed under subsection (b).

    (g) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy Act
    of 2005 (42 U.S.C. 15801(3)).
    SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.

    Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
    16391(e)) is amended to read as follows:
    ``(e) Technology Commercialization Fund.--
    ``(1) Establishment.--The Secretary, acting through the
    Chief Commercialization Officer established in section 1001(a)
    of the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall
    establish a Technology Commercialization Fund (hereafter
    referred to as the `Fund'), using nine-tenths of one percent of
    the amount of appropriations made available to the Department
    for applied energy research, development, demonstration, and
    commercial application for each fiscal year, to be used to
    provide, in accordance with the cost-sharing requirements under
    section 988, funds to private partners, including national
    laboratories, to promote promising energy technologies for
    commercial purposes.
    ``(2) Applications.--

    [[Page 2598]]

    ``(A) <>  Considerations.--The
    Secretary shall develop criteria for evaluating
    applications for funding under this section, which may
    include--
    ``(i) the potential that a proposed technology
    will result in a commercially successful product
    within a reasonable timeframe; and
    ``(ii) the relative maturity of a proposed
    technology for commercial application.
    ``(B) Selections.--In awarding funds under this
    section, the Secretary may give special consideration to
    applications that involve at least one applicant that
    has participated in an entrepreneurial or
    commercialization training program, such as Energy
    Innovation Corps.

    ``(f) Annual Report.--The Secretary shall include in the annual
    report required under section 9007(a) of the Energy Act of 2020--
    ``(1) description of the projects carried out with awards
    from the Fund for that fiscal year;
    ``(2) each project's cost-share for that fiscal year; and
    ``(3) each project's partners for that fiscal year.

    ``(g) Technology Commercialization Fund Report.--
    ``(1) In general.--Not later than 1 year after the date of
    enactment of the Energy Act of 2020, the Secretary shall submit
    to the Committee on Science, Space, and Technology and Committee
    on Appropriations of the House of Representatives and the
    Committee on Energy and Natural Resources and Committee on
    Appropriations of the Senate a report on the current and
    recommended implementation of the Fund.
    ``(2) Contents.--The report under subparagraph (A) shall
    include--
    ``(A) <>  a summary, with supporting
    data, of how much Department program offices contribute
    to and use the Fund each year, including a list of
    current funding restrictions;
    ``(B) <>  recommendations
    on how to improve implementation and administration of
    the Fund; and
    ``(C) <>  an analysis on how to
    spend funds optimally on technology areas that have the
    greatest need and opportunity for commercial
    application, rather than spending funds at the
    programmatic level or under current funding
    restrictions.''.
    SEC. 9004. STREAMLINING PRIZE COMPETITIONS.

    Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
    amended by inserting after subsection (d) the following (and
    redesignating subsections (f) and (g) as subsections (g) and (h),
    respectively):
    ``(e) Coordination.--In carrying out subsection (a), and for any
    prize competitions under section 105 of the America Creating
    Opportunities to Meaningfully Promote Excellence in Technology,
    Education, and Science Reauthorization Act of 2010, the Secretary
    shall--
    ``(1) issue Department-wide guidance on the design,
    development, and implementation of prize competitions;
    ``(2) collect and disseminate best practices on the design
    and administration of prize competitions;
    ``(3) streamline contracting mechanisms for the
    implementation of prize competitions; and

    [[Page 2599]]

    ``(4) provide training and prize competition design support,
    as necessary, to Department staff to develop prize competitions
    and challenges.''.
    SEC. 9005. <>  MILESTONE-BASED DEMONSTRATION
    PROJECTS.

    (a) In General.--Acting under section 646(g) of the Department of
    Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph
    (10) of such section, the Secretary of Energy (in this section referred
    to as the ``Secretary'') may carry out demonstration projects as a
    milestone-based demonstration project that requires particular technical
    and financial milestones to be met before a participant is awarded
    grants by the Department through a competitive award process.
    (b) Requirements.--In carrying out milestone-based demonstration
    projects under the authority in paragraph (1), the Secretary shall, for
    each relevant project--
    (1) <>  request
    proposals from eligible entities, as determined by the
    Secretary, including--
    (A) a business plan, that may include a plan for
    scalable manufacturing and a plan for addressing supply
    chain gaps;
    (B) a plan for raising private sector investment;
    and
    (C) <>  proposed technical and
    financial milestones, including estimated project
    timelines and total costs; and
    (2) award funding of a predetermined amount to projects that
    successfully meet proposed milestones under paragraph (1)(C) or
    for expenses deemed reimbursable by the Secretary, in accordance
    with terms negotiated for an individual award;
    (3) require cost sharing in accordance with section 988 of
    the Energy Policy Act of 2005; and
    (4) communicate regularly with selected eligible entities
    and, if the Secretary deems appropriate, exercise small amounts
    of flexibility for technical and financial milestones as
    projects mature.

    (c) Awards.--For the program established under subsection (a)--
    (1) <>  an award recipient shall be
    responsible for all costs until milestones are achieved, or
    reimbursable expenses are reviewed and verified by the
    Department; and
    (2) should an awardee not meet the milestones described in
    subsection (a), the Secretary or their designee may end the
    partnership with an award recipient and use the remaining funds
    in the ended agreement for new or existing projects carried out
    under this section.

    (d) <>  Project Management.--In carrying out
    projects under this program and assessing the completion of their
    milestones in accordance with subsection (b), the Secretary shall
    consult with experts that represent diverse perspectives and
    professional experiences, including those from the private sector, to
    ensure a complete and thorough review.

    (e) Report.--In accordance with section 9007(a), the Secretary shall
    report annually on any demonstration projects carried out using the
    authorities under this section.
    SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.

    (a) Subsection 646(g)(10) of the Department of Energy Organization
    Act (42 U.S.C. 7256(g)(10)) is amended by striking ``September 30,
    2020'' and inserting ``September 30, 2030''.

    [[Page 2600]]

    (b) <>  The provisions of
    section 602 of the Public Works and Economic Development Act of 1965 (42
    U.S.C. 3212) shall apply with respect to construction, alteration, or
    repair work of demonstration projects funded by grants or contracts
    authorized under sections 3001, 3003, 3004, 5001, and 8007 and the
    amendments made by such sections.
    SEC. 9007. <>  TECHNOLOGY TRANSFER REPORTS
    AND EVALUATION.

    (a) Annual Report.--As part of the updated technology transfer
    execution plan required each year under section 1001(h)(2) of the Energy
    Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of Energy (in
    this section referred to as the ``Secretary'') shall submit to the
    Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources of the
    Senate a report on the progress and implementation of programs
    established under sections 9001, 9002, 9003, 9004, and 9005 of this Act.
    (b) <>  Evaluation.--Not later than 3
    years after the enactment of this Act and every 3 years thereafter the
    Secretary shall submit to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate an evaluation on the extent to which
    programs established under sections 9001, 9002, 9003, 9004, and 9005 of
    this Act are achieving success based on relevant short-term and long-
    term metrics.

    (c) <>  Report on Technology Transfer Gaps.--Not
    later than 3 years after the enactment of this Act, the Secretary shall
    enter into an agreement with the National Academies of Science,
    Engineering, and Medicine to submit to the Committee on Science, Space,
    and Technology of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report on programmatic gaps
    that exist to advance the commercial application of technologies
    developed at the National Laboratories (as defined in section 2(3) of
    the Energy Policy Act of 2005 (42 U.S.C. 15801(3))).
    SEC. 9008. <>  VETERANS' HEALTH INITIATIVE.

    (a) Purposes.--The purposes of this section are to advance
    Department of Energy expertise in artificial intelligence and high-
    performance computing in order to improve health outcomes for veteran
    populations by--
    (1) supporting basic research through the application of
    artificial intelligence, high-performance computing, modeling
    and simulation, machine learning, and large-scale data analytics
    to identify and solve outcome-defined challenges in the health
    sciences;
    (2) maximizing the impact of the Department of Veterans
    Affairs' health and genomics data housed at the National
    Laboratories, as well as data from other sources, on science,
    innovation, and health care outcomes through the use and
    advancement of artificial intelligence and high-performance
    computing capabilities of the Department;
    (3) promoting collaborative research through the
    establishment of partnerships to improve data sharing between
    Federal agencies, National Laboratories, institutions of higher
    education, and nonprofit institutions;

    [[Page 2601]]

    (4) establishing multiple scientific computing user
    facilities to house and provision available data to foster
    transformational outcomes; and
    (5) driving the development of technology to improve
    artificial intelligence, high-performance computing, and
    networking relevant to mission applications of the Department,
    including modeling, simulation, machine learning, and advanced
    data analytics.

    (b) Veterans Health Research and Development.--
    (1) In general.--The Secretary of Energy (in this section
    referred to as the ``Secretary'') shall establish and carry out
    a research program in artificial intelligence and high-
    performance computing, focused on the development of tools to
    solve large-scale data analytics and management challenges
    associated with veteran's healthcare, and to support the efforts
    of the Department of Veterans Affairs to identify potential
    health risks and challenges utilizing data on long-term
    healthcare, health risks, and genomic data collected from
    veteran populations. The Secretary shall carry out this program
    through a competitive, merit-reviewed process, and consider
    applications from National Laboratories, institutions of higher
    education, multi-institutional collaborations, and other
    appropriate entities.
    (2) Program components.--In carrying out the program
    established under paragraph (1), the Secretary may--
    (A) conduct basic research in modeling and
    simulation, machine learning, large-scale data
    analytics, and predictive analysis in order to develop
    novel or optimized algorithms for prediction of disease
    treatment and recovery;
    (B) develop methods to accommodate large data sets
    with variable quality and scale, and to provide insight
    and models for complex systems;
    (C) develop new approaches and maximize the use of
    algorithms developed through artificial intelligence,
    machine learning, data analytics, natural language
    processing, modeling and simulation, and develop new
    algorithms suitable for high-performance computing
    systems and large biomedical data sets;
    (D) advance existing and construct new data enclaves
    capable of securely storing data sets provided by the
    Department of Veterans Affairs, Department of Defense,
    and other sources; and
    (E) promote collaboration and data sharing between
    National Laboratories, research entities, and user
    facilities of the Department by providing the necessary
    access and secure data transfer capabilities.
    (3) Coordination.--In carrying out the program established
    under paragraph (1), the Secretary is authorized--
    (A) <>  to enter into memoranda
    of understanding in order to carry out reimbursable
    agreements with the Department of Veterans Affairs and
    other entities in order to maximize the effectiveness of
    Department research and development to improve veterans'
    healthcare;
    (B) <>  to consult with the
    Department of Veterans Affairs and other Federal
    agencies as appropriate; and
    (C) to ensure that data storage meets all privacy
    and security requirements established by the Department
    of

    [[Page 2602]]

    Veterans Affairs, and that access to data is provided in
    accordance with relevant Department of Veterans Affairs
    data access policies, including informed consent.
    (4) Report.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall submit to the
    Committee on Energy and Natural Resources and the Committee on
    Veterans' Affairs of the Senate, and the Committee on Science,
    Space, and Technology and the Committee on Veterans' Affairs of
    the House of Representatives, a report detailing the
    effectiveness of--
    (A) the interagency coordination between each
    Federal agency involved in the research program carried
    out under this subsection;
    (B) collaborative research achievements of the
    program; and
    (C) potential opportunities to expand the technical
    capabilities of the Department.
    (5) Funding.--There is authorized to be appropriated to the
    Secretary of Veterans Affairs to carry out this subsection
    $27,000,000 for fiscal year 2021.

    (c) Interagency Collaboration.--
    (1) In general.--The Secretary is authorized to carry out
    research, development, and demonstration activities to develop
    tools to apply to big data that enable Federal agencies,
    institutions of higher education, nonprofit research
    organizations, and industry to better leverage the capabilities
    of the Department to solve complex, big data challenges. The
    Secretary shall carry out these activities through a
    competitive, merit-reviewed process, and consider applications
    from National Laboratories, institutions of higher education,
    multi-institutional collaborations, and other appropriate
    entities.
    (2) Activities.--In carrying out the research, development,
    and demonstration activities authorized under paragraph (1), the
    Secretary may--
    (A) utilize all available mechanisms to prevent
    duplication and coordinate research efforts across the
    Department;
    (B) establish multiple user facilities to serve as
    data enclaves capable of securely storing data sets
    created by Federal agencies, institutions of higher
    education, nonprofit organizations, or industry at
    National Laboratories; and
    (C) promote collaboration and data sharing between
    National Laboratories, research entities, and user
    facilities of the Department by providing the necessary
    access and secure data transfer capabilities.
    (3) <>  Report.--Not later than 2 years
    after the date of enactment of this Act, the Secretary shall
    submit to the Committee on Energy and Natural Resources of the
    Senate and the Committee on Science, Space, and Technology of
    the House of Representatives a report evaluating the
    effectiveness of the activities authorized under paragraph (1).
    (4) Funding.--There are authorized to be appropriated to the
    Secretary to carry out this subsection $15,000,000 for each of
    fiscal years 2021 through 2025.

    (d) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy Act
    of 2005 (42 U.S.C. 15801(3)).

    [[Page 2603]]

    SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOPMENT.

    There are authorized to be appropriated to carry out research,
    development, demonstration, and commercial application activities within
    the Department of Energy's Offices of Hydrogen and Fuel Cell
    Technologies, Vehicle Technologies, and Bioenergy Technologies--
    (1) $830,000,000 for fiscal year 2021;
    (2) $855,000,000 for fiscal year 2022; and
    (3) $880,000,000 for fiscal year 2023.
    SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.

    (a) Terms and Conditions.--Section 1702 of the Energy Policy Act of
    2005 (42 U.S.C. 16512) is amended--
    (1) by amending subsection (b) to read as follows:

    ``(b) Specific Appropriation or Contribution.--
    ``(1) In general.--Except as provided in paragraph (2), the
    cost of a guarantee shall be paid by the Secretary using an
    appropriation made for the cost of the guarantee, subject to the
    availability of such an appropriation.
    ``(2) Insufficient appropriations.--If sufficient
    appropriated funds to pay the cost of a guarantee are not
    available, then the guarantee shall not be made unless--
    ``(A) the Secretary has received from the borrower a
    payment in full for the cost of the guarantee and
    deposited the payment into the Treasury; or
    ``(B) a combination of one or more appropriations
    and one or more payments from the borrower under this
    subsection has been made that is sufficient to cover the
    cost of the guarantee.'';
    (2) in subsection (d)(3), by striking ``is not subordinate''
    and inserting ``, including any reorganization, restructuring,
    or termination thereof, shall not at any time be subordinate'';
    (3) in subsection (h)--
    (A) by amending paragraph (1) to read as follows:
    ``(1) <>  In general.--The
    Secretary shall charge, and collect on or after the date of the
    financial close of an obligation, a fee for a guarantee in an
    amount that the Secretary determines is sufficient to cover
    applicable administrative expenses (including any costs
    associated with third-party consultants engaged by the
    Secretary).''; and
    (B) by adding at the following:
    ``(3) Reduction in fee amount.--Notwithstanding paragraph
    (1) and subject to the availability of appropriations, the
    Secretary may reduce the amount of a fee for a guarantee under
    this subsection.''; and
    (4) by adding at the end the following:

    ``(l) <>  Restructuring of Loan Guarantees.--
    The Secretary shall consult with the Secretary of the Treasury regarding
    any restructuring of the terms or conditions of a guarantee issued
    pursuant to this title, including with respect to any deviations from
    the financial terms of the guarantee.

    ``(m) <>  Written Analysis.--
    ``(1) Requirement.--The Secretary may not make a guarantee
    under this title until the Secretary of the Treasury has
    transmitted to the Secretary, and the Secretary has taken

    [[Page 2604]]

    into consideration, a written analysis of the financial terms
    and conditions of the proposed guarantee.
    ``(2) Transmission.--Not later than 30 days after receiving
    information on a proposed guarantee from the Secretary, the
    Secretary of the Treasury shall transmit the written analysis of
    the financial terms and conditions of the proposed guarantee
    required under paragraph (1) to the Secretary.
    ``(3) Explanation.--If the Secretary makes a guarantee the
    financial terms and conditions of which are not consistent with
    the written analysis required under this subsection, not later
    than 30 days after making such guarantee, the Secretary shall
    submit to the Committee on Energy and Commerce and the Committee
    on Science, Space, and Technology of the House of
    Representatives, and the Committee on Energy and Natural
    Resources of the Senate, a written explanation of any material
    inconsistencies.

    ``(n) <>  Application Status.--
    ``(1) Request.--If the Secretary does not make a final
    decision on an application for a guarantee under this title by
    the date that is 180 days after receipt of the application by
    the Secretary, the applicant may request, on or after that date
    and not more than once every 60 days thereafter until a final
    decision is made, that the Secretary provide to the applicant a
    response described in paragraph (2).
    ``(2) Response.--Not later than 10 days after receiving a
    request from an applicant under paragraph (1), the Secretary
    shall provide to the applicant a response that includes--
    ``(A) a description of the current status of review
    of the application;
    ``(B) <>  a summary of any
    factors that are delaying a final decision on the
    application, a list of what items are required in order
    to reach a final decision, citations to authorities
    stating the reasons why such items are required, and a
    list of actions the applicant can take to expedite the
    process; and
    ``(C) <>  an estimate of when a
    final decision on the application will be made.

    ``(o) Outreach.--In carrying out this title, the Secretary shall--
    ``(1) provide assistance with the completion of applications
    for a guarantee under this title;
    ``(2) conduct outreach, including through conferences and
    online programs, to disseminate information to potential
    applicants;
    ``(3) conduct outreach to encourage participation of
    supporting finance institutions and private lenders in eligible
    projects.

    ``(p) Coordination.--In carrying out this title, the Secretary shall
    coordinate activities under this title with activities of other relevant
    offices with the Department.
    ``(q) <>  Report.--Not later than 2 years after
    the date of the enactment of this subsection and every 3 years
    thereafter, the Secretary shall submit to Congress a report on the
    status of applications for, and projects receiving, guarantees under
    this title, including--
    ``(1) <>  a list of such projects, including
    the guarantee amount, construction status, and financing
    partners of each such project;

    [[Page 2605]]

    ``(2) the status of each such project's loan repayment,
    including interest paid and future repayment projections;
    ``(3) <>  an estimate of the air pollutant
    or greenhouse gas emissions avoided or reduced from each such
    project;
    ``(4) <>  data regarding the number of direct
    and indirect jobs retained, restored, or created by such
    projects;
    ``(5) identification of--
    ``(A) technologies deployed by projects that have
    received guarantees that have subsequently been deployed
    commercially without guarantees; and
    ``(B) novel technologies that have been deployed by
    such projects and deployed in the commercial energy
    market;
    ``(6) <>  the number of new projects
    projected to receive a guarantee under this title during the
    next 2 years and the aggregate guarantee amount;
    ``(7) the number of outreach engagements conducted with
    potential applicants;
    ``(8) the number of applications received and currently
    pending for each open solicitation; and
    ``(9) any other metrics the Secretary finds appropriate.''.

    (b) Project Eligibility Expansion.--Section 1703 of the Energy
    Policy Act of 2005 (42 U.S.C. 16513) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1), by inserting ``, utilize''
    after ``reduce''; and
    (B) in paragraph (2), by striking ``.'' and
    inserting ``, including projects that employ elements of
    commercial technologies in combination with new or
    significantly improved technologies.'';
    (2) in subsection (b)--
    (A) in paragraph (4), by inserting ``, including
    manufacturing of nuclear supply components for advanced
    nuclear reactors'' after ``facilities'';
    (B) by amending paragraph (5) to read as follows:
    ``(5) Carbon capture, utilization, and sequestration
    practices and technologies, including--
    ``(A) agricultural and forestry practices that store
    and sequester carbon; and
    ``(B) synthetic technologies to remove carbon from
    the air and oceans.''; and
    (C) by adding at the end the following:
    ``(11) Energy storage technologies for residential,
    industrial, transportation, and power generation applications.
    ``(12) Technologies or processes for reducing greenhouse gas
    emissions from industrial applications, including iron, steel,
    cement, and ammonia production, hydrogen production, and the
    generation of high-temperature heat.''; and
    (3) by adding at the end the following new subsection:

    ``(f) Regional Variation.--Notwithstanding subsection (a)(2), the
    Secretary may, if regional variation significantly affects the
    deployment of a technology, make guarantees under this title for up to 6
    projects that employ the same or similar technology as another project,
    provided no more than 2 projects that use the same or a similar
    technology are located in the same region of the United States.''.

    [[Page 2606]]

    (c) Authorization of Appropriations.--Section 1704 of the Energy
    Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end the
    following:
    ``(c) Administrative and Other Expenses.--There are authorized to be
    appropriated--
    ``(1) $32,000,000 for each of fiscal years 2021 through 2025
    to carry out this title; and
    ``(2) for fiscal year 2021, in addition to amounts
    authorized under paragraph (1), $25,000,000, to remain available
    until expended, for administrative expenses described in section
    1702(h)(1) that are not covered by fees collected pursuant to
    section 1702(h).''.
    SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
    13503(b)) is amended by striking paragraph (3) and inserting the
    following:
    ``(3) Established program to stimulate competitive
    research.--
    ``(A) Definitions.--In this paragraph:
    ``(i) Eligible entity.--The term `eligible
    entity' means an institution of higher education
    located in an eligible jurisdiction.
    ``(ii) Eligible jurisdiction.--The term
    `eligible jurisdiction' means a State that, as
    determined by the Secretary--
    ``(I)(aa) historically has received
    relatively little Federal research and
    development funding; and
    ``(bb) has demonstrated a
    commitment--
    ``(AA) to develop the
    research bases in the State; and
    ``(BB) to improve science
    and engineering research and
    education programs at
    institutions of higher education
    in the State; and
    ``(II) is an eligible jurisdiction
    under the criteria used by the Secretary
    to make awards under this paragraph on
    the day before the date of enactment of
    the Energy Act of 2020.
    ``(iii) EPSCoR.--The term `EPSCoR' means the
    Established Program to Stimulate Competitive
    Research operated under subparagraph (B).
    ``(iv) National laboratory.--The term
    `National Laboratory' has the meaning given the
    term in section 2 of the Energy Policy Act of 2005
    (42 U.S.C. 15801).
    ``(v) State.--The term `State' means--
    ``(I) a State;
    ``(II) the District of Columbia;
    ``(III) the Commonwealth of Puerto
    Rico;
    ``(IV) Guam;
    ``(V) the United States Virgin
    Islands;
    ``(VI) American Samoa; and
    ``(VII) the Commonwealth of the
    Northern Mariana Islands.

    [[Page 2607]]

    ``(B) Program operation.--The Secretary shall
    operate an Established Program to Stimulate Competitive
    Research.
    ``(C) Objectives.--The objectives of EPSCoR shall
    be--
    ``(i) to increase the number of researchers at
    institutions of higher education in eligible
    jurisdictions capable of performing nationally
    competitive science and engineering research in
    support of the mission of the Department of Energy
    in the areas of applied energy research,
    environmental management, and basic science;
    ``(ii) to enhance the capabilities of
    institutions of higher education in eligible
    jurisdictions to develop, plan, and execute
    research that is competitive in the peer-review
    process; and
    ``(iii) to increase the probability of long-
    term growth of competitive funding to institutions
    of higher education in eligible jurisdictions.
    ``(D) Grants in areas of applied energy research,
    environmental management, and basic science.--
    ``(i) In general.--EPSCoR shall make grants to
    eligible entities to carry out and support applied
    energy research and research in all areas of
    environmental management and basic science
    sponsored by the Department of Energy, including--
    ``(I) energy efficiency, fossil
    energy, renewable energy, and other
    applied energy research;
    ``(II) electricity delivery
    research;
    ``(III) cybersecurity, energy
    security, and emergency response;
    ``(IV) environmental management; and
    ``(V) basic science research.
    ``(ii) Activities.--EPSCOR may make grants
    under this subparagraph for any activities
    consistent with the objectives described in
    subparagraph (C) in the areas of applied energy
    research, environmental management, and basic
    science described in clause (i), including--
    ``(I) to support research at
    eligible entities that is carried out in
    partnership with the National
    Laboratories;
    ``(II) to provide for graduate
    traineeships;
    ``(III) to support research by early
    career faculty; and
    ``(IV) to improve research
    capabilities at eligible entities
    through biennial implementation grants.
    ``(iii) No cost sharing.--EPSCoR shall not
    impose any cost-sharing requirement with respect
    to a grant made under this subparagraph.
    ``(E) Other activities.--EPSCoR may carry out such
    activities as may be necessary to meet the objectives
    described in subparagraph (C) in the areas of applied
    energy research, environmental management, and basic
    science described in subparagraph (D)(i).
    ``(F) Program implementation.--

    [[Page 2608]]

    ``(i) <>  In general.--
    Not later than 270 days after the date of
    enactment of the Energy Act of 2020, the Secretary
    shall submit to the Committees on Energy and
    Natural Resources and Appropriations of the Senate
    and the Committees on Energy and Commerce and
    Appropriations of the House of Representatives a
    plan describing how the Secretary shall implement
    EPSCoR.
    ``(ii) Contents of plan.--The plan described
    in clause (i) shall include a description of--
    ``(I) the management structure of
    EPSCoR, which shall ensure that all
    research areas and activities described
    in this paragraph are incorporated into
    EPSCoR;
    ``(II) efforts to conduct outreach
    to inform eligible entities and faculty
    of changes to, and opportunities under,
    EPSCoR;
    ``(III) how EPSCoR plans to increase
    engagement with eligible entities,
    faculty, and State committees, including
    by holding regular workshops, to
    increase participation in EPSCoR; and
    ``(IV) any other issues relating to
    EPSCoR that the Secretary determines
    appropriate.
    ``(G) Program evaluation.--

    ``(i) <>
    In general.--Not later than 5 years after the date
    of enactment of the Energy Act of 2020, the
    Secretary shall contract with a federally funded
    research and development center, the National
    Academy of Sciences, or a similar organization to
    carry out an assessment of the effectiveness of
    EPSCoR, including an assessment of--
    ``(I) the tangible progress made
    towards achieving the objectives
    described in subparagraph (C);
    ``(II) the impact of research
    supported by EPSCoR on the mission of
    the Department of Energy; and
    ``(III) any other issues relating to
    EPSCoR that the Secretary determines
    appropriate.
    ``(ii) Limitation.--The organization with
    which the Secretary contracts under clause (i)
    shall not be a National Laboratory.
    ``(iii) <>
    Report.--Not later than 6 years after the date of
    enactment of the Energy Act of 2020, the Secretary
    shall submit to the Committees on Energy and
    Natural Resources and Appropriations of the Senate
    and the Committees on Energy and Commerce and
    Appropriations of the House of Representatives a
    report describing the results of the assessment
    carried out under clause (i), including
    recommendations for improvements that would enable
    the Secretary to achieve the objectives described
    in subparagraph (C).''.

    [[Page 2609]]

    TITLE X--ARPA-E AMENDMENTS

    SEC. 10001. ARPA-E AMENDMENTS.

    (a) Establishment.--Section 5012(b) of the America COMPETES Act (42
    U.S.C. 16538(b)) is amended by striking ``development of energy
    technologies'' and inserting ``development of transformative science and
    technology solutions to address the energy and environmental missions of
    the Department''.
    (b) Goals.--Section 5012(c) of the America COMPETES Act (42 U.S.C.
    16538(c)) is amended--
    (1) by striking paragraph (1)(A) and inserting the
    following:
    ``(A) to enhance the economic and energy security of
    the United States through the development of energy
    technologies that--
    ``(i) reduce imports of energy from foreign
    sources;
    ``(ii) reduce energy-related emissions,
    including greenhouse gases;
    ``(iii) improve the energy efficiency of all
    economic sectors;
    ``(iv) provide transformative solutions to
    improve the management, clean-up, and disposal of
    radioactive waste and spent nuclear fuel; and
    ``(v) improve the resilience, reliability, and
    security of infrastructure to produce, deliver,
    and store energy; and''; and
    (2) in paragraph (2), in the matter preceding subparagraph
    (A), by striking ``energy technology projects'' and inserting
    ``advanced technology projects''.

    (c) Responsibilities.--Section 5012(e)(3)(A) of the America COMPETES
    Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking ``energy''.
    (d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES
    Act (42 U.S.C. 16538(h)) is amended to read as follows:
    ``(h) Reports and Roadmaps.--
    ``(1) Annual report.--As part of the annual budget request
    submitted for each fiscal year, the Director shall provide to
    the relevant authorizing and appropriations committees of
    Congress a report that--
    ``(A) describes projects supported by ARPA-E during
    the previous fiscal year;
    ``(B) <>  describes projects
    supported by ARPA-E during the previous fiscal year that
    examine topics and technologies closely related to other
    activities funded by the Department, and includes an
    analysis of whether in supporting such projects, the
    Director is in compliance with subsection (i)(1); and
    ``(C) describes current, proposed, and planned
    projects to be carried out pursuant to subsection
    (e)(3)(D).
    ``(2) <>  Strategic vision
    roadmap.--Not later than October 1, 2021, and every four years
    thereafter, the Director shall provide to the relevant
    authorizing and appropriations committees of Congress a roadmap
    describing the strategic vision that ARPA-E will use to guide
    the choices of ARPA-E for future technology investments over the
    following 4 fiscal years.''.

    [[Page 2610]]

    (e) Coordination and Nonduplication.--Section 5012(i)(1) of the
    America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as
    follows:
    ``(1) In general.--To the maximum extent practicable, the
    Director shall ensure that--
    ``(A) the activities of ARPA-E are coordinated with,
    and do not duplicate the efforts of, programs and
    laboratories within the Department and other relevant
    research agencies; and
    ``(B) ARPA-E does not provide funding for a project
    unless the prospective grantee demonstrates sufficient
    attempts to secure private financing or indicates that
    the project is not independently commercially viable.''.

    (f) Evaluation.--Section 5012(l) of the America COMPETES Act (42
    U.S.C. 16538(l)) is amended--
    (1) by striking paragraph (1) and inserting the following:
    ``(1) <>  In general.--Not later
    than 3 years after the date of enactment of this paragraph, the
    Secretary is authorized to enter into a contract with the
    National Academy of Sciences under which the National Academy
    shall conduct an evaluation of how well ARPA-E is achieving the
    goals and mission of ARPA-E.''; and
    (2) in paragraph (2)--
    (A) in the matter preceding subparagraph (A), by
    striking ``shall'' and inserting ``may''; and
    (B) in subparagraph (A), by striking ``the
    recommendation of the National Academy of Sciences'' and
    inserting ``a recommendation''.

    (g) Authorization of Appropriations.--Paragraph (2) of section
    5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to
    read as follows:
    ``(2) Authorization of appropriations.--Subject to paragraph
    (4), there are authorized to be appropriated to the Director for
    deposit in the Fund, without fiscal year limitation--
    ``(A) $435,000,000 for fiscal year 2021;
    ``(B) $500,000,000 for fiscal year 2022;
    ``(C) $575,000,000 for fiscal year 2023;
    ``(D) $662,000,000 for fiscal year 2024; and
    ``(E) $761,000,000 for fiscal year 2025.''.

    (h) Technical Amendments.--Section 5012 of the America COMPETES Act
    (42 U.S.C. 16538) is amended--
    (1) in subsection (g)(3)(A)(iii), by striking ``subpart''
    each place it appears and inserting ``subparagraph''; and
    (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and
    inserting ``(c)(2)(C)''.

    TITLE XI--OTHER MATTERS

    SEC. 11001. LOW-DOSE RADIATION RESEARCH.

    (a) Low-dose Radiation Research Program.--Section 306(c) of the
    Department of Energy Research and Innovation Act (42 U.S.C. 18644(c)) is
    amended to read as follows:
    ``(c) Low-dose Radiation Research Program.--
    ``(1) In general.--The Secretary shall carry out a research
    program on low-dose and low dose-rate radiation to--

    [[Page 2611]]

    ``(A) enhance the scientific understanding of, and
    reduce uncertainties associated with, the effects of
    exposure to low-dose and low dose-rate radiation; and
    ``(B) inform improved risk-assessment and risk-
    management methods with respect to such radiation.
    ``(2) Program components.--In carrying out the program
    required under paragraph (1), the Secretary shall--
    ``(A) support and carry out the directives under
    section 106(b) of the American Innovation and
    Competitiveness Act (42 U.S.C. 6601 note), except that
    such section shall be treated for purposes of this
    subsection as applying to low dose and low-dose rate
    radiation research, in coordination with the Physical
    Science Subcommittee of the National Science and
    Technology Council;
    ``(B) identify and, to the extent possible,
    quantify, potential monetary and health-related impacts
    to Federal agencies, the general public, industry,
    research communities, and other users of information
    produced by such research program;
    ``(C) leverage the collective body of knowledge from
    existing low-dose and low dose-rate radiation research;
    ``(D) engage with other Federal agencies, research
    communities, and potential users of information produced
    under this section, including institutions performing or
    utilizing radiation research, medical physics,
    radiology, health physics, and emergency response
    measures; and
    ``(E) support education and outreach activities to
    disseminate information and promote public understanding
    of low-dose radiation, with a focus on non-emergency
    situations such as medical physics, space exploration,
    and naturally occurring radiation.
    ``(3) <>  Research plan.--
    ``(A) <>  Not later than 90 days
    after the date of enactment of the Energy Act of 2020,
    the Secretary shall enter into an agreement with the
    National Academy of Sciences to develop a long-term
    strategic and prioritized research agenda for the
    program described in paragraph (2);
    ``(B) Not later than one year after the date of
    enactment of the Energy Act of 2020, the Secretary shall
    transmit this research plan developed in subparagraph
    (A) to the Committee on Science, Space, and Technology
    of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate.
    ``(4) <>  GAO study.--Not later than 3 years
    after the date of enactment of the Energy Act of 2020, the
    Comptroller General shall transmit to the Committee on Science,
    Space, and Technology of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate, a
    report on:
    ``(A) <>  an evaluation of the
    program activities carried out under this section;
    ``(B) the effectiveness of the coordination and
    management of the program; and
    ``(C) the implementation of the research plan
    outlined in paragraph (3).
    ``(6) Definitions.--In this subsection:
    ``(A) Low-dose radiation.--The term `low-dose
    radiation' means a radiation dose of less than 100
    millisieverts.

    [[Page 2612]]

    ``(B) Low dose-rate radiation.--The term `low dose-
    rate radiation' means a radiation dose rate of less than
    5 millisieverts per hour.
    ``(7) Rule of construction.--Nothing in this subsection
    shall be construed to subject any research carried out by the
    Secretary for the program under this subsection to any
    limitations described in section 977(e) of the Energy Policy Act
    of 2005 (42 U.S.C. 16317(e)).
    ``(8) Funding.--For purposes of carrying out this
    subsection, the Secretary is authorized to make available from
    funds provided to the Biological and Environmental Research
    Program--
    ``(A) $20,000,000 for fiscal year 2021;
    ``(B) $20,000,000 for fiscal year 2022;
    ``(C) $30,000,000 for fiscal year 2023; and
    ``(D) $40,000,000 for fiscal year 2024.''.

    (b) Space Radiation Research.--Section 306 of the Department of
    Energy Research and Innovation Act (42 U.S.C. 18644) is amended by
    adding at the end the following:
    ``(d) Space Radiation Research.--The Secretary of Energy, shall
    continue and strengthen collaboration with the Administrator of the
    National Aeronautics and Space Administration on basic research to
    understand the effects and risks of human exposure to ionizing radiation
    in low Earth orbit, and in the space environment.''.
    SEC. 11002. AUTHORIZATION.

    Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control
    Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking ``September
    30, 2023'' and inserting ``September 30, 2031''.
    SEC. 11003. SENSE OF CONGRESS.

    It is the sense of Congress that in order to reduce emissions and
    meet 100 percent of the power demand in the United States through clean,
    renewable, or zero emission energy sources while maintaining United
    States leadership in science and technology, the Secretary of Energy
    must prioritize funding for critical fundamental research infrastructure
    and for basic research and development activities carried out through
    the Office of Science.
    SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND
    OTHER PERSONNEL OF THE FEDERAL ENERGY
    REGULATORY COMMISSION.

    (a) In General.--Section 401 of the Department of Energy
    Organization Act (42 U.S.C. 7171) is amended by adding at the end the
    following:
    ``(k) Addressing Insufficient Compensation of Employees and Other
    Personnel of the Commission.--
    ``(1) <>  In
    general.--Notwithstanding any other provision of law, if the
    Chairman of the Commission publicly certifies that compensation
    for a category of employees or other personnel of the Commission
    is insufficient to retain or attract employees and other
    personnel to allow the Commission to carry out the functions of
    the Commission in a timely, efficient, and effective manner, the
    Chairman may fix the compensation for the category of employees
    or other personnel without regard to chapter 51 and subchapter
    III of chapter 53 of title 5, United States Code, or any other
    civil service law.

    [[Page 2613]]

    ``(2) Certification requirements.--A certification issued
    under paragraph (1) shall--
    ``(A) <>  apply with respect
    to a category of employees or other personnel
    responsible for conducting work of a scientific,
    technological, engineering, or mathematical nature;
    ``(B) specify a maximum amount of reasonable
    compensation for the category of employees or other
    personnel;
    ``(C) <>  be valid for a 5-year
    period beginning on the date on which the certification
    is issued;
    ``(D) be no broader than necessary to achieve the
    objective of retaining or attracting employees and other
    personnel to allow the Commission to carry out the
    functions of the Commission in a timely, efficient, and
    effective manner; and
    ``(E) include an explanation for why the other
    approaches available to the Chairman for retaining and
    attracting employees and other personnel are inadequate.
    ``(3) Renewal.--
    ``(A) <>  In general.--Not later than 90 days before
    the date of expiration of a certification issued under
    paragraph (1), the Chairman shall determine whether the
    certification should be renewed for a subsequent 5-year
    period.
    ``(B) Requirement.--If the Chairman determines that
    a certification should be renewed under subparagraph
    (A), the Chairman may renew the certification, subject
    to the certification requirements under paragraph (2)
    that were applicable to the initial certification.
    ``(4) New hires.--
    ``(A) In general.--An employee or other personnel
    that is a member of a category of employees or other
    personnel that would have been covered by a
    certification issued under paragraph (1), but was hired
    during a period in which the certification has expired
    and has not been renewed under paragraph (3) shall not
    be eligible for compensation at the level that would
    have applied to the employee or other personnel if the
    certification had been in effect on the date on which
    the employee or other personnel was hired.
    ``(B) Compensation of new hires on renewal.--On
    renewal of a certification under paragraph (3), the
    Chairman may fix the compensation of the employees or
    other personnel described in subparagraph (A) at the
    level established for the category of employees or other
    personnel in the certification.
    ``(5) Retention of level of fixed compensation.--A category
    of employees or other personnel, the compensation of which was
    fixed by the Chairman in accordance with paragraph (1), may, at
    the discretion of the Chairman, have the level of fixed
    compensation for the category of employees or other personnel
    retained, regardless of whether a certification described under
    that paragraph is in effect with respect to the compensation of
    the category of employees or other personnel.
    ``(6) <>  Consultation required.--The
    Chairman shall consult with the Director of the Office of
    Personnel Management in implementing this subsection, including
    in the determination

    [[Page 2614]]

    of the amount of compensation with respect to each category of
    employees or other personnel.
    ``(7) Experts and consultants.--
    ``(A) In general.--Subject to subparagraph (B), the
    Chairman may--
    ``(i) obtain the services of experts and
    consultants in accordance with section 3109 of
    title 5, United States Code;
    ``(ii) compensate those experts and
    consultants for each day (including travel time)
    at rates not in excess of the rate of pay for
    level IV of the Executive Schedule under section
    5315 of that title; and
    ``(iii) pay to the experts and consultants
    serving away from the homes or regular places of
    business of the experts and consultants travel
    expenses and per diem in lieu of subsistence at
    rates authorized by sections 5702 and 5703 of that
    title for persons in Government service employed
    intermittently.
    ``(B) Limitations.--The Chairman shall--
    ``(i) to the maximum extent practicable, limit
    the use of experts and consultants pursuant to
    subparagraph (A); and
    ``(ii) <>
    ensure that the employment contract of each expert
    and consultant employed pursuant to subparagraph
    (A) is subject to renewal not less frequently than
    annually.''.

    (b) <>  Reports.--
    (1) In general.--Not later than 1 year after the date of
    enactment of this Act, and every 2 years thereafter for 10
    years, the Chairman of the Federal Energy Regulatory Commission
    shall submit to the Committee on Energy and Commerce of the
    House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on information relating to
    hiring, vacancies, and compensation at the Federal Energy
    Regulatory Commission.
    (2) Inclusions.--Each report under paragraph (1) shall
    include--
    (A) <>  an analysis of any trends
    with respect to hiring, vacancies, and compensation at
    the Federal Energy Regulatory Commission; and
    (B) a description of the efforts to retain and
    attract employees or other personnel responsible for
    conducting work of a scientific, technological,
    engineering, or mathematical nature at the Federal
    Energy Regulatory Commission.

    (c) <>  Applicability.--The
    amendment made by subsection (a) shall apply beginning on the date that
    is 30 days after the date of enactment of this Act.
    SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF ENERGY TO
    IMPLEMENT FLEXIBLE COMPENSATION MODELS.

    Not later <>  than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to Congress
    a report examining the full scope of the hiring authority made available
    to the Secretary of Energy by the Office of Personnel Management to
    implement flexible compensation models, including pay for

    [[Page 2615]]

    performance and pay banding, throughout the Department of Energy,
    including at the National Laboratories, for the purposes of hiring,
    recruiting, and retaining employees responsible for conducting work of a
    scientific, technological, engineering, or mathematical nature.

    DIVISION AA--WATER <>
    RESOURCES DEVELOPMENT ACT OF 2020
    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <>  Short Title.--This division may be
    cited as the ``Water Resources Development Act of 2020''.

    (b) Table of Contents.--The table of contents for this Act is as
    follows:

    DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

    Sec. 1. Short title; table of contents.
    Sec. 2. Secretary defined.

    TITLE I--GENERAL PROVISIONS

    Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
    Maintenance Trust Fund.
    Sec. 102. Authorization of appropriations for navigation.
    Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
    Fund.
    Sec. 104. Additional measures at donor ports and energy transfer ports.
    Sec. 105. Construction of water resources development projects by non-
    Federal interests.
    Sec. 106. Coast Guard anchorages.
    Sec. 107. State contribution of funds for certain operation and
    maintenance costs.
    Sec. 108. Great Lakes confined disposal facilities.
    Sec. 109. Inland waterway projects.
    Sec. 110. Implementation of water resources principles and requirements.
    Sec. 111. Resiliency planning assistance.
    Sec. 112. Project consultation.
    Sec. 113. Review of resiliency assessments.
    Sec. 114. Small flood control projects.
    Sec. 115. Flood Protection Projects.
    Sec. 116. Feasibility studies; review of natural and nature-based
    features.
    Sec. 117. Federal interest determination.
    Sec. 118. Pilot programs on the formulation of Corps of Engineers
    projects in rural communities and economically disadvantaged
    communities.
    Sec. 119. Permanent measures to reduce emergency flood fighting needs
    for communities subject to repetitive flooding.
    Sec. 120. Emergency response to natural disasters.
    Sec. 121. Cost and benefit feasibility assessment.
    Sec. 122. Expediting repairs and recovery from flooding.
    Sec. 123. Review of Corps of Engineers assets.
    Sec. 124. Sense of Congress on multipurpose projects.
    Sec. 125. Beneficial use of dredged material; dredged material
    management plans.
    Sec. 126. Aquatic ecosystem restoration for anadromous fish.
    Sec. 127. Annual report to Congress on water resources infrastructure.
    Sec. 128. Harmful algal bloom demonstration program.
    Sec. 129. Missouri River interception-rearing complex construction.
    Sec. 130. Materials, services, and funds for repair, restoration, or
    rehabilitation of projects.
    Sec. 131. Levee safety.
    Sec. 132. National Dam Safety Program.
    Sec. 133. Rehabilitation of Corps of Engineers constructed pump
    stations.
    Sec. 134. Non-Federal Project Implementation Pilot Program.
    Sec. 135. Cost sharing provisions for territories and Indian Tribes.
    Sec. 136. Review of contracting policies.
    Sec. 137. Criteria for funding environmental infrastructure projects.
    Sec. 138. Aging infrastructure.
    Sec. 139. Uniformity of notification systems.
    Sec. 140. Coastal storm damage reduction contracts.
    Sec. 141. Dam remediation for ecosystem restoration.

    [[Page 2616]]

    Sec. 142. Levee accreditation process; levee certifications.
    Sec. 143. Project partnership agreement.
    Sec. 144. Acceptance of funds for harbor dredging.
    Sec. 145. Replacement capacity.
    Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
    Sec. 147. Repair and restoration of embankments.
    Sec. 148. Coastal mapping.
    Sec. 149. Interim risk reduction measures.
    Sec. 150. Maintenance dredging permits.
    Sec. 151. High water-low water preparedness.
    Sec. 152. Treatment of certain benefits and costs.
    Sec. 153. Lease deviations.
    Sec. 154. Sense of Congress on Arctic deep draft port development.
    Sec. 155. Small water storage projects.
    Sec. 156. Planning Assistance to States.
    Sec. 157. Forecast-informed reservoir operations.
    Sec. 158. Data for water allocation, supply, and demand.
    Sec. 159. Inland waterways pilot program.
    Sec. 160. Definition of economically disadvantaged community.
    Sec. 161. Studies of water resources development projects by non-Federal
    interests.
    Sec. 162. Leveraging Federal infrastructure for increased water supply.
    Sec. 163. Sense of Congress on removal of unauthorized, manmade,
    flammable materials on Corps property.
    Sec. 164. Enhanced development program.
    Sec. 165. Continuing authority programs.

    TITLE II--STUDIES AND REPORTS

    Sec. 201. Authorization of proposed feasibility studies.
    Sec. 202. Expedited completions.
    Sec. 203. Expedited modifications of existing feasibility studies.
    Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
    Sec. 205. Selma, Alabama.
    Sec. 206. Report on Corps of Engineers facilities in Appalachia.
    Sec. 207. Additional studies under North Atlantic Coast Comprehensive
    Study.
    Sec. 208. South Atlantic coastal study.
    Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
    California.
    Sec. 210. Lake Okeechobee regulation schedule, Florida.
    Sec. 211. Great Lakes coastal resiliency study.
    Sec. 212. Report on the status of restoration in the Louisiana coastal
    area.
    Sec. 213. Lower Mississippi River comprehensive management study.
    Sec. 214. Upper Mississippi River Comprehensive Plan.
    Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
    Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection.
    Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
    Hampshire.
    Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
    Sec. 219. Port Orford, Oregon.
    Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
    Sec. 221. Study on water supply and water conservation at water
    resources development projects.
    Sec. 222. Report to Congress on authorized studies and projects.
    Sec. 223. Completion of reports and materials.
    Sec. 224. Emergency flooding protection for lakes.
    Sec. 225. Report on debris removal.
    Sec. 226. Report on antecedent hydrologic conditions.
    Sec. 227. Subsurface drain systems research and development.
    Sec. 228. Report on corrosion prevention activities.
    Sec. 229. Annual reporting on dissemination of information.
    Sec. 230. Report on benefits calculation for flood control structures.

    TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

    Sec. 301. Deauthorization of inactive projects.
    Sec. 302. Abandoned and inactive noncoal mine restoration.
    Sec. 303. Tribal partnership program.
    Sec. 304. Lakes program.
    Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
    Sec. 306. Chesapeake Bay Environmental Restoration and Protection
    Program.
    Sec. 307. Upper Mississippi River System Environmental Management
    Program.
    Sec. 308. Upper Mississippi River protection.
    Sec. 309. Theodore Ship Channel, Mobile, Alabama.
    Sec. 310. McClellan-Kerr Arkansas River Navigation System.

    [[Page 2617]]

    Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
    Sec. 312. Lake Isabella, California.
    Sec. 313. Lower San Joaquin River flood control project.
    Sec. 314. Sacramento River, Glenn-Colusa, California.
    Sec. 315. San Diego River and Mission Bay, San Diego County, California.
    Sec. 316. San Francisco, California, Waterfront Area.
    Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
    California.
    Sec. 318. Rio Grande Environmental Management Program, Colorado, New
    Mexico, and Texas.
    Sec. 319. New London Harbor Waterfront Channel, Connecticut.
    Sec. 320. Wilmington Harbor, Delaware.
    Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
    Sec. 322. Washington Harbor, District of Columbia.
    Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
    Plan, Florida.
    Sec. 324. Central Everglades, Florida.
    Sec. 325. Miami River, Florida.
    Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
    Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
    Johns River Basin, Florida.
    Sec. 328. Extinguishment of flowage easements, Rough River Lake,
    Kentucky.
    Sec. 329. Calcasieu River and Pass, Louisiana.
    Sec. 330. Camden Harbor, Maine.
    Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
    Sec. 332. Baltimore, Maryland.
    Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
    Sec. 334. Missouri river reservoir sediment management.
    Sec. 335. Portsmouth, New Hampshire.
    Sec. 336. Rahway flood risk management feasibility study, New Jersey.
    Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
    Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
    Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
    Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
    Rhode Island and Connecticut.
    Sec. 341. Harris County, Texas.
    Sec. 342. Cap Sante Waterway, Washington.
    Sec. 343. Local government reservoir permit review.
    Sec. 344. Project modifications for improvement of environment.
    Sec. 345. Aquatic ecosystem restoration.
    Sec. 346. Surplus water contracts and water storage agreements.
    Sec. 347. No wake zones in navigation channels.
    Sec. 348. Limitation on contract execution in the Arkansas River Basin.
    Sec. 349. Waiver of non-Federal share of damages related to certain
    contract claims.
    Sec. 350. Reduced pricing for certain water supply storage.
    Sec. 351. Flood control and other purposes.
    Sec. 352. Additional assistance for critical projects.
    Sec. 353. Project modification authorizations.
    Sec. 354. Completion of maintenance and repair activities.
    Sec. 355. Project reauthorizations.
    Sec. 356. Conveyances.
    Sec. 357. Lake Eufaula advisory committee.
    Sec. 358. Repeal of Missouri River Task Force, North Dakota.
    Sec. 359. Repeal of Missouri River Task Force, South Dakota.
    Sec. 360. Conforming amendments.

    TITLE IV--WATER RESOURCES INFRASTRUCTURE

    Sec. 401. Project authorizations.
    Sec. 402. Special rules.
    Sec. 403. Authorization of projects based on feasibility studies
    prepared by non-Federal interests.

    TITLE V--OTHER MATTERS

    Sec. 501. Update on Invasive Species Policy Guidance.
    Sec. 502. Aquatic invasive species research.
    Sec. 503. Terrestrial noxious weed control pilot program.
    Sec. 504. Invasive species risk assessment, prioritization, and
    management.
    Sec. 505. Invasive species mitigation and reduction.
    Sec. 506. Aquatic invasive species prevention.
    Sec. 507. Invasive species in alpine lakes pilot program.
    Sec. 508. Murder hornet eradication pilot program.

    [[Page 2618]]

    Sec. 509. Asian carp prevention and control pilot program.
    Sec. 510. Invasive species in noncontiguous States and territories pilot
    program.
    Sec. 511. Soil moisture and snowpack monitoring.
    Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.

    SEC. 2. <>  SECRETARY DEFINED.

    In this Act, the term ``Secretary'' means the Secretary of the Army.

    TITLE I--GENERAL PROVISIONS

    SEC. 101. <>  BUDGETARY TREATMENT EXPANSION
    AND ADJUSTMENT FOR THE HARBOR
    MAINTENANCE TRUST FUND.

    Section 14003 of division B of the CARES Act (Public Law 116-136) is
    amended <>  to read as follows:

    ``Sec. 14003.  Any discretionary appropriation for the Corps of
    Engineers--
    ``(1) derived from the Harbor Maintenance Trust Fund, in
    this fiscal year and thereafter, not to exceed the sum of--
    ``(A) the total amount deposited in the Harbor
    Maintenance Trust Fund in the fiscal year that is two
    years prior to the fiscal year for which the
    appropriation is being made; and
    ``(B)(i) $500,000,000 for fiscal year 2021;
    ``(ii) $600,000,000 for fiscal year 2022;
    ``(iii) $700,000,000 for fiscal year 2023;
    ``(iv) $800,000,000 for fiscal year 2024;
    ``(v) $900,000,000 for fiscal year 2025;
    ``(vi) $1,000,000,000 for fiscal year 2026;
    ``(vii) $1,200,000,000 for fiscal year 2027;
    ``(viii) $1,300,000,000 for fiscal year 2028;
    ``(ix) $1,400,000,000 for fiscal year 2029; and
    ``(x) $1,500,000,000 for fiscal year 2030 and
    thereafter; and
    ``(2) for the Operation and Maintenance account of the Corps
    of Engineers which is designated in statute as being to carry
    out subsection (c) of section 2106 of the Water Resources Reform
    and Development Act of 2014 (33 U.S.C. 2238c), not to exceed--
    ``(A) $50,000,000 for fiscal year 2021;
    ``(B) $50,000,000 for fiscal year 2022;
    ``(C) $56,000,000 for fiscal year 2023;
    ``(D) $58,000,000 for fiscal year 2024;
    ``(E) $60,000,000 for fiscal year 2025;
    ``(F) $62,000,000 for fiscal year 2026;
    ``(G) $64,000,000 for fiscal year 2027;
    ``(H) $66,000,000 for fiscal year 2028;
    ``(I) $68,000,000 for fiscal year 2029; and
    ``(J) $70,000,000 for fiscal year 2030;

    shall be subtracted from the estimate of discretionary budget authority
    and outlays for any estimate of an appropriations Act under the
    Congressional Budget and Impoundment Control Act of 1974 or the Balanced
    Budget and Emergency Deficit Control Act of 1985.''.
    SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.

    (a) <>  Authorization.--

    [[Page 2619]]

    (1) In general.--In carrying out subsection (c) of section
    210 of the Water Resources Development Act of 1986 (33 U.S.C.
    2238), for each fiscal year, of the funds made available under
    such section (including funds appropriated from the Harbor
    Maintenance Trust Fund), the Secretary shall, to the extent
    practicable, unless otherwise directed in an Act making
    appropriations for the Corps of Engineers, make expenditures to
    pay for operation and maintenance costs of the harbors and
    inland harbors referred to in subsection (a)(2) of such section,
    to the extent there are identifiable operations and maintenance
    needs, of--
    (A) not less than 15 percent of such funds for
    emerging harbor projects, including eligible breakwater
    and jetty needs at such harbor projects;
    (B) not less than 13 percent of such funds for
    projects that are located within the Great Lakes
    Navigation System;
    (C) 12 percent of such funds for expanded uses
    carried out at donor ports and energy transfer ports, of
    which--
    (i) \1/3\ shall be provided to energy transfer
    ports; and
    (ii) \2/3\ shall be provided to donor ports;
    (D) not less than 17 percent of such funds for
    projects that are assigned to commercial strategic
    seaports; and
    (E) any remaining funds for operation and
    maintenance costs of any harbor or inland harbor
    referred to in such subsection (a)(2) based on an
    equitable allocation of such funds among such harbors
    and inland harbors, in accordance with subsection (c)(1)
    of such section 210.
    (2) Definitions.--In this subsection:
    (A) Commercial strategic seaport.--The term
    ``commercial strategic seaport'' means a commercial
    harbor supporting the coordination of efficient port
    operations during peacetime and national defense
    emergencies that is designated as strategic through the
    National Port Readiness Network.
    (B) Donor port; energy transfer port.--The terms
    ``donor port'' and ``energy transfer port'' have the
    meanings given those terms in section 2106 of the Water
    Resources Reform and Development Act of 2014 (33 U.S.C.
    2238c).
    (C) Emerging harbor project; great lakes navigation
    system.--The terms ``emerging harbor project'' and
    ``Great Lakes Navigation System'' have the meanings
    given those terms in section 210 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2238).
    (3) Effective date.--This subsection shall take effect on
    October 1, 2022.

    (b) Additional Uses.--
    (1) Operation and maintenance of harbor projects.--Section
    210(c)(3) of the Water Resources Development Act of 1986 (33
    U.S.C. 2238(c)(3)) is amended--
    (A) by striking ``Notwithstanding'' and inserting
    the following:
    ``(A) Allocation.--Notwithstanding''; and
    (B) by adding at the end the following:
    ``(B) Additional uses at emerging harbors.--
    ``(i) Uses.--In each fiscal year, the
    Secretary may use not more than $5,000,000 of
    funds allocated for

    [[Page 2620]]

    emerging harbor projects under paragraph (1) to
    pay for the costs of up to 10 projects for
    maintenance dredging of a marina or berthing area,
    in an emerging harbor, that includes an area that
    is located adjacent to, or is accessible by, a
    Federal navigation project, subject to clauses
    (ii) and (iii) of this subparagraph.
    ``(ii) Eligible emerging harbors.--The
    Secretary may use funds as authorized under clause
    (i) at an emerging harbor that--
    ``(I) supports commercial
    activities, including commercial fishing
    operations, commercial fish processing
    operations, recreational and sport
    fishing, and commercial boat yards; or
    ``(II) supports activities of the
    Secretary of the department in which the
    Coast Guard is operating.
    ``(iii) Cost-sharing requirements.--The
    Secretary shall require a non-Federal interest to
    contribute not less than 25 percent of the costs
    for maintenance dredging of that portion of a
    maintenance dredging project described in clause
    (i) that is located outside of the Federal
    navigation project, which may be provided as an
    in-kind contribution, including through the use of
    dredge equipment owned by non-Federal interest to
    carry out such activities.''.
    (2) Assessment of harbors and inland harbors.--Section
    210(e)(2)(A)(ii) of the Water Resources Development Act of 1986
    (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses
    described in subsection (c)(3)(B) and'' after ``costs for''.
    (3) Definitions.--Section 210(f) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
    (A) by striking paragraph (6);
    (B) by redesignating paragraphs (3) through (5) as
    paragraphs (4) through (6), respectively;
    (C) by striking paragraph (2) and inserting the
    following:
    ``(2) Emerging harbor.--The term `emerging harbor' means a
    harbor or inland harbor referred to in subsection (a)(2) that
    transits less than 1,000,000 tons of cargo annually.
    ``(3) Emerging harbor project.--The term `emerging harbor
    project' means a project that is assigned to an emerging
    harbor.''; and
    (D) in paragraph (4) (as so redesignated), by adding
    at the end the following:
    ``(C) An in-water improvement, if the improvement--
    ``(i) is for the seismic reinforcement of a
    wharf or other berthing structure, or the repair
    or replacement of a deteriorating wharf or other
    berthing structure, at a port facility;
    ``(ii) benefits commercial navigation at the
    harbor; and
    ``(iii) is located in, or adjacent to, a berth
    that is accessible to a Federal navigation
    project.
    ``(D) An activity to maintain slope stability at a
    berth in a harbor that is accessible to a Federal
    navigation project if such activity benefits commercial
    navigation at the harbor.''.

    [[Page 2621]]

    SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE
    TRUST FUND.

    Section 330 of the Water Resources Development Act of 1992 (26
    U.S.C. 9505 note; 106 Stat. 4851) is amended--
    (1) in subsection (a)--
    (A) by striking ``and annually thereafter,'' and
    inserting ``and annually thereafter concurrent with the
    submission of the President's annual budget request to
    Congress,''; and
    (B) by striking ``Public Works and Transportation''
    and inserting ``Transportation and Infrastructure''; and
    (2) in subsection (b)(1) by adding at the end the following:
    ``(D) A description of the expected expenditures
    from the trust fund to meet the needs of navigation for
    the fiscal year of the budget request.''.
    SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
    PORTS.

    (a) Interim Authorization.--Section 2106(f) of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) is amended--
    (1) in paragraph (1), by striking ``2020'' and inserting
    ``2022''; and
    (2) by striking paragraph (3).

    (b) In General.--
    (1) Definitions.--Section 2106(a) of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is
    amended--
    (A) in paragraph (3)(A)--
    (i) by amending clause (ii) to read as
    follows:
    ``(ii) at which the total amount of harbor
    maintenance taxes collected (including the
    estimated taxes related to domestic cargo and
    cruise passengers) comprise not less than
    $15,000,000 annually of the total funding of the
    Harbor Maintenance Trust Fund on an average annual
    basis for the previous 3 fiscal years;'';
    (ii) in clause (iii)--
    (I) by inserting ``(including the
    estimated taxes related to domestic
    cargo and cruise passengers)'' after
    ``taxes collected''; and
    (II) by striking ``5 fiscal years''
    and inserting ``3 fiscal years''; and
    (iii) in clause (iv), by striking ``in fiscal
    year 2012'' and inserting ``on an average annual
    basis for the previous 3 fiscal years'';
    (B) in paragraph (5)(B), by striking ``in fiscal
    year 2012'' each place it appears and inserting ``on an
    average annual basis for the previous 3 fiscal years'';
    (C) by redesignating paragraph (8) as paragraph (9)
    and inserting after paragraph (7) the following:
    ``(8) Harbor maintenance trust fund.--The term `Harbor
    Maintenance Trust Fund' means the Harbor Maintenance Trust Fund
    established by section 9505 of the Internal Revenue Code of
    1986.''; and
    (D) in paragraph (9), as so redesignated--

    [[Page 2622]]

    (i) by amending subparagraph (B) to read as
    follows:
    ``(B) at which the total amount of harbor
    maintenance taxes collected (including the estimated
    taxes related to domestic cargo and cruise passengers)
    comprise annually more than $5,000,000 but less than
    $15,000,000 of the total funding of the Harbor
    Maintenance Trust Fund on an average annual basis for
    the previous 3 fiscal years;'';
    (ii) in subparagraph (C)--
    (I) by inserting ``(including the
    estimated taxes related to domestic
    cargo and cruise passengers)'' after
    ``taxes collected''; and
    (II) by striking ``5 fiscal years''
    and inserting ``3 fiscal years''; and
    (iii) in subparagraph (D), by striking ``in
    fiscal year 2012'' and inserting ``on an average
    annual basis for the previous 3 fiscal years''.
    (2) Report to congress; authorization of appropriations.--
    Section 2106 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 2238c) is amended--
    (A) by striking subsection (e) and redesignating
    subsections (f) and (g) as subsections (e) and (f),
    respectively; and
    (B) in subsection (e), as so redesignated, by
    amending paragraph (1) to read as follows:
    ``(1) In general.--There are authorized to be appropriated
    to carry out this section--
    ``(A) $56,000,000 for fiscal year 2023;
    ``(B) $58,000,000 for fiscal year 2024;
    ``(C) $60,000,000 for fiscal year 2025;
    ``(D) $62,000,000 for fiscal year 2026;
    ``(E) $64,000,000 for fiscal year 2027;
    ``(F) $66,000,000 for fiscal year 2028;
    ``(G) $68,000,000 for fiscal year 2029; and
    ``(H) $70,000,000 for fiscal year 2030.''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall take effect on October
    1, 2022.
    SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
    NON-FEDERAL INTERESTS.

    (a) Studies and Engineering.--Section 204(c)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by
    striking ``under subsection (b)'' and inserting ``under this section''.
    (b) Assumption of Maintenance of a Locally Preferred Plan.--Section
    204(f) of the Water Resources Development Act of 1986 (33 U.S.C.
    2232(f)) is amended to read as follows:
    ``(f) Operation and Maintenance.--
    ``(1) Assumption of maintenance.--Whenever a non-Federal
    interest carries out improvements to a federally authorized
    harbor or inland harbor, the Secretary shall be responsible for
    operation and maintenance in accordance with section 101(b) if--
    ``(A) before construction of the improvements--
    ``(i) <>  the Secretary
    determines that the improvements are feasible and
    consistent with the purposes of this title; and

    [[Page 2623]]

    ``(ii) <>  the Secretary and
    the non-Federal interest execute a written
    agreement relating to operation and maintenance of
    the improvements;
    ``(B) <>  the Secretary
    certifies that the project or separable element of the
    project is constructed in accordance with applicable
    permits and appropriate engineering and design
    standards; and
    ``(C) the Secretary does not find that the project
    or separable element is no longer feasible.
    ``(2) Federal financial participation in the costs of a
    locally preferred plan.--In the case <>
    of improvements determined by the Secretary pursuant to
    paragraph (1)(A)(i) to deviate from the national economic
    development plan, the Secretary shall be responsible for all
    operation and maintenance costs of such improvements, as
    described in section 101(b), including costs in excess of the
    costs of the national economic development plan, if the
    Secretary determines that the improvements satisfy the
    requirements of paragraph (1).''.

    (c) <>  Report.--A non-
    Federal interest may submit to the Secretary a report on improvements to
    a federally authorized harbor or inland harbor to be carried out by the
    non-Federal interest, containing any information necessary for the
    Secretary determine whether the improvements satisfy the requirements of
    section 204(f)(1) of the Water Resources Development Act of 1986 (33
    U.S.C. 2232), including--
    (1) the economic justification for the improvements;
    (2) details of the project improvement plan and design;
    (3) proposed arrangements for the work to be performed; and
    (4) documents relating to any applicable permits required
    for the project improvements.

    (d) <>  Project Studies Subject to
    Independent Peer Review.--The Secretary shall not be required to subject
    a project study for a project with a cost of less than $200,000,000,
    which the Secretary determines satisfies the requirements of section
    204(f)(1) of the Water Resources Development Act of 1986 (33 U.S.C.
    2232), to independent peer review under section 2034(a)(3)(A)(i) of the
    Water Resources Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).
    SEC. 106. <>  COAST GUARD ANCHORAGES.

    The Secretary may perform dredging at Federal expense within and
    adjacent to anchorages established by the Coast Guard pursuant to
    existing authorities.
    SEC. 107. <>  STATE CONTRIBUTION OF FUNDS
    FOR CERTAIN OPERATION AND MAINTENANCE
    COSTS.

    In carrying out eligible operations and maintenance activities
    within the Great Lakes Navigation System pursuant to section 210 of the
    Water Resources Development Act of 1986 (33 U.S.C. 2238) in a State that
    has implemented any additional State limitation on the disposal of
    dredged material in the open waters of such State, the Secretary may,
    pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 701h),
    receive from such State, and expend, such funds as may be contributed by
    the State to cover the additional costs for operations and maintenance
    activities for a harbor or inland harbor within such State that result
    from such limitation.

    [[Page 2624]]

    SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.

    (a) Mitigation.--The Secretary may relocate access to the Port of
    Cleveland confined disposal facility, owned or operated by a non-Federal
    interest, in which material dredged by the Corps of Engineers is placed.
    (b) Cost-Share.--The cost to relocate access to the confined
    disposal facility described in subsection (a) shall be shared in
    accordance with the cost share applicable to operation and maintenance
    of the Federal navigation project from which material placed in the
    confined disposal facility is dredged.
    (c) Termination.--The authority provided under this section shall
    terminate on December 31, 2024.
    SEC. 109. <>  INLAND WATERWAY PROJECTS.

    Notwithstanding section 102 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2212), for a project for navigation on the inland
    waterways receiving a construction appropriation during any of fiscal
    years 2021 through 2031, 35 percent of the costs of construction of the
    project shall be paid from amounts appropriated from the Inland
    Waterways Trust Fund until such construction of the project is complete.
    SEC. 110. <>  IMPLEMENTATION OF WATER
    RESOURCES PRINCIPLES AND REQUIREMENTS.

    (a) <>  In General.--Not
    later than 180 days after the date of enactment of this Act, the
    Secretary shall issue final agency-specific procedures necessary to
    implement the principles and requirements and the interagency
    guidelines.

    (b) Development of Future Water Resources Development Projects.--The
    procedures required by subsection (a) shall ensure that the Secretary,
    in the formulation of future water resources development projects--
    (1) develops such projects in accordance with--
    (A) the guiding principles established by the
    principles and requirements; and
    (B) the national water resources planning policy
    established by section 2031(a) of the Water Resources
    Development Act of 2007 (42 U.S.C. 1962-3(a)); and
    (2) <>  fully identifies and analyzes
    national economic development benefits, regional economic
    development benefits, environmental quality benefits, and other
    societal effects.

    (c) <>  Review and Update.--Every 5 years, the
    Secretary shall review and, where appropriate, revise the procedures
    required by subsection (a).

    (d) Public Review, Notice, and Comment.--In issuing, reviewing, and
    revising the procedures required by this section, the Secretary shall--
    (1) provide notice to interested non-Federal stakeholders of
    the Secretary's intent to revise the procedures;
    (2) provide opportunities for interested non-Federal
    stakeholders to engage with, and provide input and
    recommendations to, the Secretary on the revision of the
    procedures; and
    (3) solicit and consider public and expert comments.

    (e) Definitions.--In this section:
    (1) Interagency guidelines.--The term ``interagency
    guidelines'' means the interagency guidelines contained in the
    document finalized by the Council on Environmental Quality

    [[Page 2625]]

    pursuant to section 2031 of the Water Resources Development Act
    of 2007 (42 U.S.C. 1962-3) in December 2014, to implement the
    principles and requirements.
    (2) Principles and requirements.--The term ``principles and
    requirements'' means the principles and requirements contained
    in the document prepared by the Council on Environmental Quality
    pursuant to section 2031 of the Water Resources Development Act
    of 2007 (42 U.S.C. 1962-3), entitled ``Principles and
    Requirements for Federal Investments in Water Resources'', and
    dated March 2013.
    SEC. 111. RESILIENCY PLANNING ASSISTANCE.

    (a) In General.--Section 206(a) of the Flood Control Act of 1960 (33
    U.S.C. 709a(a)) is amended by inserting ``, to avoid repetitive flooding
    impacts, to anticipate, prepare, and adapt to changing climatic
    conditions and extreme weather events, and to withstand, respond to, and
    recover rapidly from disruption due to the flood hazards'' after ``in
    planning to ameliorate the flood hazard''.
    (b) <>  Prioritizing Flood Risk Resiliency
    Technical Assistance.--In carrying out section 206 of the Flood Control
    Act of 1960 (33 U.S.C. 709a), the Secretary shall prioritize the
    provision of technical assistance to support flood risk resiliency
    planning efforts of economically disadvantaged communities or
    communities subject to repetitive flooding.
    SEC. 112. <>  PROJECT CONSULTATION.

    (a) Reports Required.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit the following reports:
    (1) The report required under section 1214 of the Water
    Resources Development Act of 2018 (132 Stat. 3809).
    (2) The report required under section 1120(a)(3) of the
    Water Resources Development Act of 2016 (130 Stat. 1643).

    (b) Environmental Justice Updates.--
    (1) <>  In general.--In the formulation
    of water development resources projects, the Secretary shall
    comply with any existing Executive order regarding environmental
    justice in effect as of the date of enactment of this Act to
    address any disproportionate and adverse human health or
    environmental effects on minority communities, low-income
    communities, and Indian Tribes.
    (2) <>  Update.--Not
    later than 1 year after the date of enactment of this Act, the
    Secretary shall review, and shall update, where appropriate, any
    policies, regulations, and guidance of the Corps of Engineers
    necessary to implement any Executive order described in
    paragraph (1) with respect to water resources development
    projects.
    (3) Requirements.--In updating the policies, regulations, or
    guidance under paragraph (2), the Secretary shall--
    (A) <>  provide notice to interested
    non-Federal stakeholders, including representatives of
    minority communities, low-income communities, and Indian
    Tribes;
    (B) provide opportunities for interested
    stakeholders to comment on potential updates of
    policies, regulations, or guidance;
    (C) <>  consider the
    recommendations from the reports submitted under
    subsection (a); and

    [[Page 2626]]

    (D) promote the meaningful involvement of minority
    communities, low-income communities, and Indian Tribes.

    (c) Community Engagement.--In carrying out a water resources
    development project, the Secretary shall, to the extent practicable--
    (1) promote the meaningful involvement of minority
    communities, low-income communities, and Indian Tribes;
    (2) provide guidance and technical assistance to such
    communities or Tribes to increase understanding of the project
    development and implementation activities, regulations, and
    policies of the Corps of Engineers; and
    (3) cooperate with State, Tribal, and local governments with
    respect to activities carried out pursuant to this subsection.

    (d) Tribal Lands and Consultation.--In carrying out water resources
    development projects, the Secretary shall, to the extent practicable and
    in accordance with the Tribal Consultation Policy affirmed and
    formalized by the Secretary on November 1, 2012 (or a successor
    policy)--
    (1) promote meaningful involvement with Indian Tribes
    specifically on any Tribal lands near or adjacent to any water
    resources development projects, for purposes of identifying
    lands of ancestral, cultural, or religious importance;
    (2) consult with Indian Tribes specifically on any Tribal
    areas near or adjacent to any water resources development
    projects, for purposes of identifying lands, waters, and other
    resources critical to the livelihood of the Indian Tribes; and
    (3) cooperate with Indian Tribes to avoid, or otherwise find
    alternate solutions with respect to, such areas.
    SEC. 113. <>  REVIEW OF RESILIENCY
    ASSESSMENTS.

    (a) Resiliency Assessment.--
    (1) <>  In general.--Not later
    than 180 days after the date of enactment of this section, and
    in conjunction with the development of procedures under section
    110 of this Act, the Secretary is directed to review, and where
    appropriate, revise the existing planning guidance documents and
    regulations of the Corps of Engineers on the assessment of the
    effects of sea level rise or inland flooding on future water
    resources development projects to ensure that such guidance
    documents and regulations are based on the best available, peer-
    reviewed science and data on the current and future effects of
    sea level rise or inland flooding on relevant communities.
    (2) Coordination.--In carrying out this subsection, the
    Secretary shall--
    (A) coordinate the review with the Engineer Research
    and Development Center, other Federal and State
    agencies, and other relevant entities; and
    (B) to the maximum extent practicable and where
    appropriate, utilize data provided to the Secretary by
    such agencies.

    (b) Assessment of Benefits From Addressing Sea Level Rise and Inland
    Flooding Resiliency in Feasibility Reports.--
    (1) In general.--Upon the request of a non-Federal interest,
    in carrying out a feasibility study for a project for flood risk
    mitigation, hurricane and storm damage risk reduction, or
    ecosystem restoration under section 905 of the Water

    [[Page 2627]]

    Resources Development Act of 1986 (33 U.S.C. 2282), the
    Secretary shall consider whether the need for the project is
    predicated upon or exacerbated by conditions related to sea
    level rise or inland flooding.
    (2) Addressing sea level rise and inland flooding resiliency
    benefits.--To the maximum <> extent
    practicable, in carrying out a study pursuant to paragraph (1),
    the Secretary shall document the potential effects of sea level
    rise or inland flooding on the project, and the expected
    benefits of the project relating to sea level rise or inland
    flooding, during the 50-year period after the date of completion
    of the project.
    SEC. 114. SMALL FLOOD CONTROL PROJECTS.

    Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
    amended by inserting ``, and projects that use natural features or
    nature-based features (as those terms are defined in section 1184(a) of
    the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''
    after ``nonstructural projects''.
    SEC. 115. FLOOD PROTECTION PROJECTS.

    (a) General Considerations.--Section 73(a) of the Water Resources
    Development Act of 1974 (33 U.S.C. 701b-11(a)) is amended by striking
    ``including'' and all that follows through the period at the end and
    inserting the following: ``, with a view toward formulating the most
    economically, socially, and environmentally acceptable means of reducing
    or preventing flood damage, including--
    ``(1) floodproofing of structures, including through
    elevation;
    ``(2) floodplain regulation;
    ``(3) acquisition of floodplain land for recreational, fish
    and wildlife, and other public purposes;
    ``(4) relocation; and
    ``(5) the use of a feature described in section 1184(a) of
    the Water Infrastructure Improvements for the Nation Act (33
    U.S.C. 2289a(a)).''.

    (b) Conforming Amendment.--Section 103(b) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2213) is amended--
    (1) in the subsection heading, by striking ``Nonstructural
    Flood Control Projects'' and inserting ``Projects Using
    Nonstructural, Natural, or Nature-Based Features''; and
    (2) in paragraph (1)--
    (A) by striking ``nonstructural flood control
    measures'' and inserting ``a flood risk management or
    hurricane and storm damage risk reduction measure using
    a nonstructural feature, or a natural feature or nature-
    based feature (as those terms are defined in section
    1184(a) of the Water Resources Development Act of 2016
    (33 U.S.C. 2289a(a))),''; and
    (B) by striking ``cash during construction of the
    project'' and inserting ``cash during construction for a
    nonstructural feature if the costs of land, easements,
    rights-of-way, dredged material disposal areas, and
    relocations for such feature are estimated to exceed 35
    percent''.
    SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-BASED
    FEATURES.

    (a) Technical Correction.--Section 1149(c) of the Water Resources
    Development Act of 2018 (33 U.S.C. 2282 note; 132

    [[Page 2628]]

    Stat. 3787) is amended by striking ``natural infrastructure
    alternatives'' and inserting ``natural feature or nature-based feature
    alternatives (as such terms are defined in section 1184 of the Water
    Resources Development Act of 2016 (32 U.S.C. 2289a))''.
    (b) <>  Summary of Analysis.--To the
    maximum extent practicable, the Secretary shall include in each
    feasibility report developed under section 905 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2282) for a project that contains a
    flood risk management or hurricane and storm damage risk reduction
    element, a summary of the natural feature or nature-based feature
    alternatives, along with their long-term costs and benefits, that were
    evaluated in the development of the feasibility report, and, if such
    alternatives were not included in the recommended plan, an explanation
    of why such alternatives were not included in the recommended plan.
    SEC. 117. FEDERAL INTEREST DETERMINATION.

    Section 905 of the Water Resources Development Act of 1986 (33
    U.S.C. 2282) is amended by inserting after subsection (a) the following:
    ``(b) <>  Federal Interest Determination.--
    ``(1) In general.--
    ``(A) Economically disadvantaged communities.--In
    preparing a feasibility report under subsection (a) for
    a study that will benefit an economically disadvantaged
    community, upon request by the non-Federal interest for
    the study, the Secretary shall first determine the
    Federal interest in carrying out the study and the
    projects that may be proposed in the study.
    ``(B) Other communities.--
    ``(i) Authorization.--In preparing a
    feasibility report under subsection (a) for a
    study that will benefit a covered community, upon
    request by the non-Federal interest for the study,
    the Secretary may, with respect to not more than 3
    studies in each fiscal year, first determine the
    Federal interest in carrying out the study and the
    projects that may be proposed in the study.
    ``(ii) <>  Covered
    communities.--In this subparagraph, the term
    `covered community' means a community that--
    ``(I) is not an economically
    disadvantaged community; and
    ``(II) the Secretary finds has a
    compelling need for the Secretary to
    make a determination under clause (i).
    ``(2) Cost share.--The costs of a determination under
    paragraph (1)--
    ``(A) shall be at Federal expense; and
    ``(B) shall not exceed $200,000.
    ``(3) Deadline.--A determination under paragraph (1) shall
    be completed by not later than 120 days after the date on which
    funds are made available to the Secretary to carry out the
    determination.
    ``(4) Treatment.--
    ``(A) Timing.--The period during which a
    determination is being completed under paragraph (1) for
    a study shall

    [[Page 2629]]

    not be included for purposes of the deadline to complete
    a final feasibility report under section 1001(a)(1) of
    the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282c(a)(1)).
    ``(B) Cost.--The cost of a determination under
    paragraph (1) shall not be included for purposes of the
    maximum Federal cost under section 1001(a)(2) of the
    Water Resources Reform and Development Act of 2014 (33
    U.S.C. 2282c(a)(2)).
    ``(5) <>  Report to non-federal
    interest.--If, based on a determination under paragraph (1), the
    Secretary determines that a study or project is not in the
    Federal interest because the project will not result, or is
    unlikely to result, in a recommended plan that will produce
    national economic development benefits greater than cost, but
    may result in a technically sound and environmentally acceptable
    plan that is otherwise consistent with section 904 of the Water
    Resources Development Act of 1986 (33 U.S.C. 2281), the
    Secretary shall issue a report to the non-Federal interest with
    recommendations on how the non-Federal interest might modify the
    proposal such that the project could be in the Federal interest
    and feasible.''.
    SEC. 118. <>  PILOT PROGRAMS ON THE
    FORMULATION OF CORPS OF ENGINEERS
    PROJECTS IN RURAL COMMUNITIES AND
    ECONOMICALLY DISADVANTAGED COMMUNITIES.

    (a) <>  In General.--The Secretary shall
    establish and implement pilot programs, in accordance with this section,
    to evaluate opportunities to address the flood risk management and
    hurricane and storm damage risk reduction needs of rural communities and
    economically disadvantaged communities.

    (b)  Economically Disadvantaged Community Flood Protection and
    Hurricane and Storm Damage Reduction Study Pilot Program.--
    (1) <>  In general.--Not
    later than 180 days after the date of enactment of this Act, the
    Secretary shall establish and implement a pilot program to carry
    out feasibility studies, in accordance with this subsection, for
    flood risk management and hurricane and storm damage risk
    reduction projects for economically disadvantaged communities,
    in coordination with non-Federal interests.
    (2) Participation in pilot program.--In carrying out
    paragraph (1), the Secretary shall--
    (A) <>  publish a notice in the Federal Register
    that requests from non-Federal interests proposals for
    the potential feasibility study of a flood risk
    management project or hurricane and storm damage risk
    reduction project for an economically disadvantaged
    community;
    (B) <>  upon request of a non-
    Federal interest for such a project, provide technical
    assistance to such non-Federal interest in the
    formulation of a proposal for a potential feasibility
    study to be submitted to the Secretary under the pilot
    program; and
    (C) <>  review
    such proposals and select 10 feasibility studies for
    such projects to be carried out by the Secretary, in
    coordination with the non-Federal interest, under this
    pilot program.

    [[Page 2630]]

    (3) Selection criteria.--In selecting a feasibility study
    under paragraph (2)(C), the Secretary shall consider whether--
    (A) the percentage of people living in poverty in
    the county or counties (or county-equivalent entity or
    entities) in which the project is located is greater
    than the percentage of people living in poverty in the
    State, based on census bureau data;
    (B) the percentage of families with income above the
    poverty threshold but below the average household income
    in the county or counties (or county-equivalent entity
    or entities) in which the project is located is greater
    than such percentage for the State, based on census
    bureau data;
    (C) the percentage of the population that identifies
    as belonging to a minority or indigenous group in the
    county or counties (or county-equivalent entity or
    entities) in which the project is located is greater
    than the average such percentage in the State, based on
    census bureau data; and
    (D) the project is addressing flooding or hurricane
    or storm damage effects that have a disproportionate
    impact on a rural community, a minority community, or an
    Indian Tribe.
    (4) Administration.--Notwithstanding the requirements of
    section 105(a)(1)(A) of the Water Resources Development Act of
    1986 (33 U.S.C. 2215), the Federal share of the cost of a
    feasibility study carried out under the pilot program shall be
    100 percent.
    (5) Study requirements.--Feasibility studies carried out
    under this subsection shall, to the maximum extent practicable,
    incorporate natural features or nature-based features (as such
    terms are defined in section 1184 of the Water Resources
    Development Act of 2016 (33 U.S.C. 2289a)), or a combination of
    such features and nonstructural features, that avoid or reduce
    at least 50 percent of flood or storm damages in one or more of
    the alternatives included in the final alternatives evaluated.
    (6) Notification.--The Secretary shall notify the Committee
    on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public
    Works of the Senate of the selection of each feasibility study
    under the pilot program.
    (7) <>  Completion.--Upon completion of a
    feasibility report for a feasibility study selected to be
    carried out under this subsection, the Secretary shall transmit
    the report to Congress for authorization, and shall include the
    report in the next annual report submitted under section 7001 of
    the Water Resources Reform and Development Act of 2014 (33
    U.S.C. 2282d).

    (c) Pilot Program for the Recommendation of Flood Protection and
    Hurricane and Storm Damage Reduction Projects in Rural Communities and
    Economically Disadvantaged Communities.--
    (1) <>  In general.--Not later than 180
    days after the date of enactment of this Act, the Secretary
    shall establish and

    [[Page 2631]]

    implement a pilot program to evaluate, and make recommendations
    to Congress on, flood risk management projects and hurricane and
    storm damage risk reduction projects in rural communities or
    economically disadvantaged communities, without demonstrating
    that each project is justified solely by national economic
    development benefits.
    (2) <>  Considerations.--In carrying
    out this subsection, the Secretary may make a recommendation to
    Congress on up to 10 projects, without demonstrating that the
    project is justified solely by national economic development
    benefits, if the Secretary determines that--
    (A) the community to be served by the project is an
    economically disadvantaged community or a rural
    community;
    (B) the long-term life safety, economic viability,
    and environmental sustainability of the community would
    be threatened without the project; and
    (C) the project is consistent with the requirements
    of section 1 of the Flood Control Act of 1936 (33 U.S.C.
    701a).
    (3) Consistency.--In carrying out this subsection, the
    Secretary shall ensure that project recommendations are
    consistent with the principles and requirements and the
    interagency guidelines, as such terms are defined in section 110
    of this Act, including the consideration of quantifiable
    monetary and nonmonetary benefits of the project.
    (4) Prioritization.--The Secretary may give equivalent
    budgetary consideration and priority to projects recommended
    under this subsection.

    (d) Geographic Diversity.--In selecting feasibility studies under
    subsection (b)(2)(C) or in making project recommendations under
    subsection (c), the Secretary shall consider the geographic diversity
    among proposed projects.
    (e) <>  Report.--Not later than 5 years
    and 10 years after the date of enactment of this Act, the Secretary
    shall submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment and Public
    Works of the Senate, and make publicly available, a report detailing the
    results of the pilot programs carried out under this section,
    including--
    (1) a description of proposals received from non-Federal
    interests pursuant to subsection (b)(2)(A);
    (2) a description of technical assistance provided to non-
    Federal interests under subsection (b)(2)(B);
    (3) a description of proposals selected under subsection
    (b)(2)(C) and criteria used to select such proposals;
    (4) a description of the projects evaluated or recommended
    by the Secretary under subsection (c);
    (5) a description of the quantifiable monetary and
    nonmonetary benefits associated with the projects recommended
    under subsection (c); and
    (6) <>  any recommendations to
    Congress on how the Secretary can address the flood risk
    management and hurricane and storm damage risk reduction needs
    of economically disadvantaged communities.

    (f) State Defined.--In this section, the term ``State'' means each
    of the several States, the District of Columbia, and each

    [[Page 2632]]

    of the commonwealths, territories, and possessions of the United States.
    (g) Sunset.--The authority to commence a feasibility study under
    subsection (b), and the authority make a recommendation under subsection
    (c), shall terminate on the date that is 10 years after the date of
    enactment of this Act.
    SEC. 119. <>  PERMANENT MEASURES TO REDUCE
    EMERGENCY FLOOD FIGHTING NEEDS FOR
    COMMUNITIES SUBJECT TO
    REPETITIVE FLOODING.

    (a) Definitions.--In this section:
    (1) Affected community.--The term ``affected community''
    means a legally constituted public body (as that term is used in
    section 221(b) of the Flood Control Act of 1970 (42 U.S.C.
    1962d-5b(b))--
    (A) with jurisdiction over an area that has been
    subject to flooding in two or more events in any 10-year
    period; and
    (B) that has received emergency flood-fighting
    assistance, including construction of temporary barriers
    by the Secretary, under section 5 of the Act of August
    18, 1941 (33 U.S.C. 701n) with respect to such flood
    events.
    (2) Natural feature; nature-based feature.--The terms
    ``natural feature'' and ``nature-based feature'' have the
    meanings given those terms in section 1184 of the Water
    Resources Development Act of 2016 (33 U.S.C. 2289a).

    (b) Program.--
    (1) <>  In general.--The Secretary is
    authorized to carry out a program to study, design, and
    construct water resources development projects through measures
    involving, among other things, strengthening, raising,
    extending, realigning, or otherwise modifying existing flood
    control works, designing new works, and incorporating natural
    features, nature-based features, or nonstructural features, as
    appropriate to provide flood and coastal storm risk management
    to affected communities.
    (2) <>  Considerations.--In carrying out
    paragraph (1), the Secretary shall, to the maximum extent
    practical, review and, where appropriate, incorporate natural
    features or nature-based features, or a combination of such
    features and nonstructural features, that avoid or reduce at
    least 50 percent of flood or storm damages in one or more of the
    alternatives included in the final alternatives evaluated.
    (3) Construction.--
    (A) In general.--The Secretary may carry out a
    project described in paragraph (1) without further
    congressional authorization if--
    (i) <>  the Secretary
    determines that the project--
    (I) is advisable to reduce the risk
    of flooding for an affected community;
    and
    (II) produces benefits that are in
    excess of the estimated costs; and
    (ii) the Federal share of the cost of the
    construction does not exceed $17,500,000.
    (B) <>  Specific
    authorization.--If the Federal share of the cost of a
    project described in paragraph (1) exceeds $17,500,000,
    the Secretary shall submit the project recommendation to
    Congress for authorization prior to

    [[Page 2633]]

    construction, and shall include the project
    recommendation in the next annual report submitted under
    section 7001 of the Water Resources Reform and
    Development Act of 2014.
    (C) Financing.--
    (i) <>  Contributions.--
    If, based on a study carried out pursuant to
    paragraph (1), the Secretary determines that a
    project described in paragraph (1) will not
    produce benefits greater than cost, the Secretary
    shall allow the affected community to pay, or
    provide contributions equal to, an amount
    sufficient to make the remaining costs of design
    and construction of the project equal to the
    estimated value of the benefits of the project.
    (ii) Effect on non-federal share.--Amounts
    provided by an affected community under clause (i)
    shall be in addition to any payments or
    contributions the affected community is required
    to provide toward the remaining costs of design
    and construction of the project under section 103
    of the Water Resources Development Act of 1986 (33
    U.S.C. 2213).
    (4) Ability to pay.--
    (A) In general.--Any cost-sharing agreement for a
    project entered into pursuant to this section shall be
    subject to the ability of the affected community to pay.
    (B) <>  Determination.--The
    ability of any affected community to pay shall be
    determined by the Secretary in accordance with
    procedures established by the Secretary.
    (C) Effect of reduction.--Any reduction in the non-
    Federal share of the cost of a project described in
    paragraph (1) as a result of a determination under this
    paragraph shall not be included in the Federal share for
    purposes of subparagraphs (A) and (B) of paragraph (3).
    SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.

    Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
    amended--
    (1) in subsection (a)--
    (A) in paragraph (2)(B)--
    (i) in clause (i)(I), by inserting ``, or
    provide contributions equal to,'' after ``pay'';
    and
    (ii) in clause (ii)--
    (I) in the heading, by inserting
    ``and contributions'' after ``of
    payments'';
    (II) by inserting ``or
    contributions'' after ``Non-Federal
    payments''; and
    (III) by inserting ``or
    contributions'' after ``non-Federal
    payments''; and
    (B) by adding at the end the following:
    ``(5) Feasibility study.--
    ``(A) <>  Determination.--Not later
    than 180 days after receiving, from a non-Federal
    sponsor of a project to repair or rehabilitate a flood
    control work described in paragraph (1), a request to
    initiate a feasibility study to further modify the
    relevant flood control work to provide for an increased
    level of protection, the Secretary shall provide to the
    non-

    [[Page 2634]]

    Federal sponsor a written decision on whether the
    Secretary has the authority under section 216 of the
    Flood Control Act of 1970 (33 U.S.C. 549a) to undertake
    the requested feasibility study.
    ``(B) Recommendation.--If the Secretary determines
    under subparagraph (B) that the Secretary does not have
    the authority to undertake the requested feasibility
    study, the Secretary shall include the request for a
    feasibility study in the annual report submitted under
    section 7001 of the Water Resources Reform and
    Development Act of 2014.''; and
    (2) in subsection (c)--
    (A) in the subsection heading, by striking ``Levee
    Owners Manual'' and inserting ``Eligibility'';
    (B) in paragraph (1), in the heading, by striking
    ``In general'' and inserting ``Levee owner's manual'';
    (C) by redesignating paragraphs (2) and (3) as
    paragraphs (3) and (4), respectively, and inserting
    after paragraph (1) the following:
    ``(2) Compliance.--
    ``(A) In general.--Notwithstanding the status of
    compliance of a non-Federal interest with the
    requirements of a levee owner's manual described in
    paragraph (1), or with any other eligibility requirement
    established by the Secretary related to the maintenance
    and upkeep responsibilities of the non-Federal interest,
    the Secretary shall consider the non-Federal interest to
    be eligible for repair and rehabilitation assistance
    under this section if the non-Federal interest--
    ``(i) <>  enters into a
    written agreement with the Secretary that
    identifies any items of deferred or inadequate
    maintenance and upkeep identified by the Secretary
    prior to the natural disaster; and
    ``(ii) pays, during performance of the repair
    and rehabilitation work, all costs to address--
    ``(I) any items of deferred or
    inadequate maintenance and upkeep
    identified by the Secretary; and
    ``(II) any repair or rehabilitation
    work necessary to address damage the
    Secretary attributes to such deferred or
    inadequate maintenance or upkeep.
    ``(B) Eligibility.--The Secretary may only enter
    into one agreement under subparagraph (A) with any non-
    Federal interest.
    ``(C) Sunset.--The authority of the Secretary to
    enter into agreements under paragraph (2) shall
    terminate on the date that is 5 years after the date of
    enactment of this paragraph.''; and
    (D) in paragraph (3) (as so redesignated), by
    striking ``this subsection'' and inserting ``paragraph
    (1)''.
    SEC. 121. <>  COST AND BENEFIT
    FEASIBILITY ASSESSMENT.

    Section 1161(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 701n note) is amended--
    (1) in the matter preceding paragraph (1)--

    [[Page 2635]]

    (A) by striking the ``three fiscal years preceding''
    and inserting ``five fiscal years preceding''; and
    (B) by striking ``last day of the third fiscal
    year'' and inserting ``last day of the fifth fiscal
    year'';
    (2) in paragraph (1), by inserting ``, or provide
    contributions equal to,'' before ``an amount sufficient''; and
    (3) by striking paragraph (2) and inserting the following:
    ``(2) the Secretary determines that the damage to the
    structure was not as a result of negligent operation or
    maintenance.''.
    SEC. 122. <>  EXPEDITING REPAIRS AND
    RECOVERY FROM FLOODING.

    (a) <>  In General.--To the
    maximum extent practicable, during the 5-year period beginning on the
    date of enactment of this Act, the Secretary shall prioritize and
    expedite the processing of applications for permits under section 10 of
    the Act of March 3, 1899 (33 U.S.C. 403), and section 404 of the Federal
    Water Pollution Control Act (33 U.S.C. 1344), and permissions under
    section 14 of the Act of March 3, 1899 (33 U.S.C. 408), to complete
    repairs, reconstruction (including improvements), and upgrades to flood
    control infrastructure damaged by flooding events during calendar years
    2017 through 2020, including flooding events caused by ice jams.

    (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
    (1) the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.);
    (2) the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.); and
    (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.).
    SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.

    Section 6002 of the Water Resources Reform and Development Act of
    2014 (128 Stat. 1349) is amended to read as follows:
    ``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

    ``(a) Assessment.--The Secretary shall conduct an assessment of
    projects constructed by the Secretary for which the Secretary continues
    to have financial or operational responsibility.
    ``(b) <>  Inventory.--Not later than 18 months
    after the date of enactment of the Water Resources Development Act of
    2020, the Secretary shall, based on the assessment carried out under
    subsection (a), develop an inventory of projects or portions of
    projects--
    ``(1) that are not needed for the missions of the Corps of
    Engineers;
    ``(2) the modification of which, including though the use of
    structural features, nonstructural features, or natural features
    or nature-based features (as those terms are defined in section
    1184(a) of the Water Resources Development Act of 2016 (33
    U.S.C. 2289a(a)), could improve the sustainable operations of
    the project, or reduce operation and maintenance costs for the
    project; or
    ``(3) that are no longer having project purposes adequately
    met by the Corps of Engineers, because of deferment of
    maintenance or other challenges, and the divestment of which to
    a non-Federal entity could better meet the local and regional
    needs for operation and maintenance.

    [[Page 2636]]

    ``(c) Criteria.--In conducting the assessment under subsection (a)
    and developing the inventory under subsection (b), the Secretary shall
    use the following criteria:
    ``(1) The extent to which the project aligns with the
    current missions of the Corps of Engineers.
    ``(2) The economic and environmental impacts of the project
    on existing communities in the vicinity of the project.
    ``(3) The extent to which the divestment or modification of
    the project could reduce operation and maintenance costs of the
    Corps of Engineers.
    ``(4) The extent to which the divestment or modification of
    the project is in the public interest.
    ``(5) The extent to which investment of additional Federal
    resources in the project proposed for divestment or
    modification, including investment needed to bring the project
    to a good state of repair, is in the public interest.
    ``(6) The extent to which the authorized purpose of the
    project is no longer being met.

    ``(d) Recommendations of Non-Federal Interests.--A non-Federal
    interest for a project may recommend that the Secretary include such
    project in the assessment or inventory required under this section.
    ``(e) Report to Congress.--
    ``(1) <>  In general.--Upon
    completion of the inventory required by subsection (b), the
    Secretary shall submit to the Committee on Environment and
    Public Works of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives, and make
    publicly available, a report containing the findings of the
    Secretary with respect to the assessment and inventory required
    under this section.
    ``(2) <>  Inclusion.--The
    Secretary shall list in an appendix any recommendation of a non-
    Federal interest made with respect to a project under subsection
    (d) that the Secretary determines not to include in the
    inventory developed under subsection (b), based on the criteria
    in subsection (c), including information about the request and
    the reasons for the Secretary's determination.''.
    SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.

    It is the sense of Congress that the Secretary, in coordination with
    non-Federal interests, should maximize the development, evaluation, and
    recommendation of project alternatives for future water resources
    development projects that produce multiple project benefits, such as
    navigation, flood risk management, and ecosystem restoration benefits,
    including through the use of natural or nature-based features and the
    beneficial use of dredged material.
    SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL
    MANAGEMENT PLANS.

    (a) <>  National Policy on the Beneficial Use
    of Dredged Material.--
    (1) In general.--It is the policy of the United States for
    the Corps of Engineers to maximize the beneficial use, in an
    environmentally acceptable manner, of suitable dredged material
    obtained from the construction or operation and maintenance of
    water resources development projects.
    (2) Placement of dredged materials.--

    [[Page 2637]]

    (A) <>  In general.--In
    evaluating the placement of dredged material obtained
    from the construction or operation and maintenance of
    water resources development projects, the Secretary
    shall consider--
    (i) the suitability of the dredged material
    for a full range of beneficial uses; and
    (ii) the economic and environmental benefits,
    efficiencies, and impacts (including the effects
    on living coral) of using the dredged material for
    beneficial uses, including, in the case of
    beneficial use activities that involve more than
    one water resources development project, the
    benefits, efficiencies, and impacts that result
    from the combined activities.
    (B) Calculation of federal standard.--
    (i) Determination.--The economic benefits and
    efficiencies from the beneficial use of dredged
    material considered by the Secretary under
    subparagraph (A) shall be included in any
    determination relating to the ``Federal standard''
    by the Secretary under section 335.7 of title 33,
    Code of Federal Regulations, for the placement or
    disposal of such material.
    (ii) Reports.--The Secretary shall submit to
    Congress--
    (I) a report detailing the method
    and all of the factors utilized by the
    Corps of Engineers to determine the
    Federal standard referred to in clause
    (i); and
    (II) for each evaluation under
    subparagraph (A), a report displaying
    the calculations for economic and
    environmental benefits and efficiencies
    from the beneficial use of dredged
    material (including, where appropriate,
    the utilization of alternative dredging
    equipment and dredging disposal methods)
    considered by the Secretary under such
    subparagraph for the placement or
    disposal of such material.
    (C) Selection of dredged material disposal method
    for certain purposes.--Section 204(d) of the Water
    Resources Development Act of 1992 (33 U.S.C. 2326(d)) is
    amended--
    (i) in paragraph (1)--
    (I) in the matter preceding
    subparagraph (A), by striking ``In
    developing'' and all that follows
    through ``the non-Federal interest,''
    and inserting ``At the request of the
    non-Federal interest for a water
    resources development project involving
    the disposal of dredged material, the
    Secretary, using funds appropriated for
    construction or operation and
    maintenance of the project, may
    select''; and
    (II) in subparagraph (B), by
    striking ``flood and storm damage and
    flood reduction benefits'' and inserting
    ``hurricane and storm or flood risk
    reduction benefits''; and
    (ii) by adding at the end the following:

    [[Page 2638]]

    ``(5) Selection of dredged material disposal method for
    certain purposes.--Activities carried out under this
    subsection--
    ``(A) shall be carried out using amounts
    appropriated for construction or operation and
    maintenance of the project involving the disposal of the
    dredged material; and
    ``(B) shall not carried out using amounts made
    available under subsection (g).''.

    (b) Beneficial Use of Dredged Material.--
    (1) Pilot program projects.--Section 1122 of the Water
    Resources Development Act of 2016 (33 U.S.C. 2326 note) is
    amended--
    (A) in subsection (a)--
    (i) in paragraph (6), by striking ``; and''
    and inserting a semicolon;
    (ii) in paragraph (7)(C), by striking the
    period at the end and inserting ``; and''; and
    (iii) by adding at the end the following:
    ``(8) recovering lost storage capacity in reservoirs due to
    sediment accumulation, if the project also has a purpose
    described in any of paragraphs (1) through (7).'';
    (B) in subsection (b)(1), by striking ``20'' and
    inserting ``35''; and
    (C) in subsection (g), by striking ``20'' and
    inserting ``35''.
    (2) Sense of congress.--It is the sense of Congress that the
    Secretary, in selecting projects for the beneficial use of
    dredged materials under section 1122 of the Water Resources
    Development Act of 2016 (33 U.S.C. 2326 note), should ensure the
    thorough evaluation of project submissions from rural, small,
    and economically disadvantaged communities.
    (3) <>  Project selection.--In
    selecting projects for the beneficial use of dredged materials
    under section 1122 of the Water Resources Development Act of
    2016 (33 U.S.C. 2326 note), the Secretary shall prioritize the
    selection of at least one project for the utilization of thin
    layer placement of dredged fine and coarse grain sediment and at
    least one project for recovering lost storage capacity in
    reservoirs due to sediment accumulation authorized by subsection
    (a)(8) of such section, to the extent that a non-Federal
    interest has submitted an application for such project purposes
    that otherwise meets the requirements of such section.
    (4) Temporary easements.--Section 1148 of the Water
    Resources Development Act of 2018 (33 U.S.C. 2326 note) is
    amended--
    (A) in subsection (a)--
    (i) by striking ``grant'' and inserting
    ``approve''; and
    (ii) by striking ``granting'' and inserting
    ``approving''; and
    (B) in subsection (b), by striking ``grants'' and
    inserting ``approves''.

    (c) <>  Five-Year Regional Dredged Material
    Management Plans.--
    (1) <>  In general.--Not
    later than 1 year after the date of enactment of this Act, and
    annually thereafter, the District Commander of each district of
    the Corps of Engineers that obtains dredged material through the
    construction or operation

    [[Page 2639]]

    and maintenance of a water resources development project shall,
    at Federal expense, develop and submit to the Secretary a 5-year
    dredged material management plan in coordination with relevant
    State agencies and stakeholders.
    (2) Scope.--Each plan developed under this subsection shall
    include--
    (A) a dredged material budget for each watershed or
    littoral system within the district;
    (B) <>  an estimate of the amount
    of dredged material likely to be obtained through the
    construction or operation and maintenance of all water
    resources development projects projected to be carried
    out within the district during the 5-year period
    following submission of the plan, and the estimated
    timing for obtaining such dredged material;
    (C) <>  an identification of
    potential water resources development projects projected
    to be carried out within the district during such 5-year
    period that are suitable for, or that require, the
    placement of dredged material, and an estimate of the
    amount of dredged material placement capacity of such
    projects;
    (D) <>  an evaluation of--
    (i) the suitability of the dredged material
    for a full range of beneficial uses; and
    (ii) the economic and environmental benefits,
    efficiencies, and impacts (including the effects
    on living coral) of using the dredged material for
    beneficial uses, including, in the case of
    beneficial use activities that involve more than
    one water resources development project, the
    benefits, efficiencies, and impacts that result
    from the combined activities;
    (E) the district-wide goals for beneficial use of
    the dredged material, including any expected cost
    savings from aligning and coordinating multiple projects
    (including projects across Corps districts) in the use
    of the dredged material; and
    (F) a description of potential beneficial use
    projects identified through stakeholder solicitation and
    coordination.
    (3) <>  Public comment.--In developing each
    plan under this subsection, each District Commander shall
    provide notice and an opportunity for public comment, including
    a solicitation for stakeholders to identify beneficial use
    projects, in order to ensure, to the extent practicable, that
    beneficial use of dredged material is not foregone in a
    particular fiscal year or dredging cycle.
    (4) <>  Public availability.--Upon
    submission of each plan to the Secretary under this subsection,
    each District Commander shall make the plan publicly available,
    including on a publicly available website.
    (5) Transmission to congress.--As soon as practicable after
    receiving a plan under subsection (a), the Secretary shall
    transmit the plan to Congress.
    (6) Regional sediment management plans.--A plan developed
    under this section--
    (A) shall be in addition to regional sediment
    management plans prepared under section 204(a) of the
    Water

    [[Page 2640]]

    Resources Development Act of 1992 (33 U.S.C. 2326(a));
    and
    (B) shall not be subject to the limitations in
    section 204(g) of the Water Resources Development Act of
    1992 (33 U.S.C. 2326(g)).

    (d) Dredge Pilot Program.--
    (1) Revisions.--Section 1111 of the Water Resources
    Development Act of 2018 (33 U.S.C. 2326 note) is amended--
    (A) in subsection (a), by striking ``for the
    operation and maintenance of harbors and inland
    harbors'' and all that follows through the period at the
    end and inserting the following: ``for the operation and
    maintenance of--
    ``(1) harbors and inland harbors referred to in section
    210(a)(2) of the Water Resources Development Act of 1986 (33
    U.S.C. 2238(a)(2)); or
    ``(2) inland and intracoastal waterways of the United States
    described in section 206 of the Inland Waterways Revenue Act of
    1978 (33 U.S.C. 1804).''; and
    (B) in subsection (b), by striking ``or inland
    harbors'' and inserting ``, inland harbors, or inland or
    intracoastal waterways''.
    (2) <>  Coordination with existing
    authorities.--The Secretary may carry out the dredge pilot
    program authorized by section 1111 of the Water Resources
    Development Act of 2018 (33 U.S.C. 2326 note) in coordination
    with Federal regional dredge demonstration programs in effect on
    the date of enactment of this Act.
    SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.

    (a) Anadromous Fish Habitat and Passage.--Section 206 of the Water
    Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
    (1) in subsection (a), by adding at the end the following:
    ``(3) Anadromous fish habitat and passage.--
    ``(A) Measures.--A project under this section may
    include measures to improve habitat or passage for
    anadromous fish, including--
    ``(i) installing fish bypass structures on
    small water diversions;
    ``(ii) modifying tide gates; and
    ``(iii) restoring or reconnecting floodplains
    and wetlands that are important for anadromous
    fish habitat or passage.
    ``(B) Benefits.--A project that includes measures
    under this paragraph shall be formulated to maximize
    benefits for the anadromous fish species benefitted by
    the project.''; and
    (2) by adding at the end the following:

    ``(g) Prioritization.--The Secretary shall give projects that
    include measures described in subsection (a)(3) equal priority for
    implementation as other projects under this section.''.
    SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES
    INFRASTRUCTURE.

    (a)  In General.--Section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) is amended--
    (1) in subsection (c)--

    [[Page 2641]]

    (A) in paragraph (1)--
    (i) in subparagraph (B)(ii)(III), by inserting
    ``, regional, or local'' after ``national''; and
    (ii) by adding at the end the following:
    ``(D) Modifications of projects carried out pursuant
    to continuing authority programs.--
    ``(i) In general.--With respect to a project
    being carried out pursuant to a continuing
    authority program for which a proposed
    modification is necessary because the project is
    projected to exceed, in the coming fiscal year,
    the maximum Federal cost of the project, the
    Secretary shall include a proposed modification in
    the annual report if the proposed modification
    will result in completion of construction the
    project and the justification for the modification
    is not the result of a change in the scope of the
    project.
    ``(ii) Inclusion.--For each proposed
    modification included in an annual report under
    clause (i), the Secretary shall include in the
    annual report--
    ``(I) a justification of why the
    modification is necessary;
    ``(II) <>  an
    estimate of the total cost and timeline
    required to complete construction of the
    project; and
    ``(III) an indication of continued
    support by the non-Federal interest and
    the financial ability of the non-Federal
    interest to provide the required cost-
    share.
    ``(iii) Definition.--For the purposes of this
    subparagraph, the term `continuing authority
    program' means any of--
    ``(I) section 14 of the Flood
    Control Act of 1946 (33 U.S.C. 701r);
    ``(II) section 3 of the Act of
    August 13, 1946 (33 U.S.C. 426g);
    ``(III) section 107 of the River and
    Harbor Act of 1960 (33 U.S.C. 577);
    ``(IV) section 111 of the River and
    Harbor Act of 1968 (33 U.S.C. 426i);
    ``(V) section 204 of the Water
    Resources Development Act of 1992 (33
    U.S.C. 2326);
    ``(VI) section 205 of the Flood
    Control Act of 1948 (33 U.S.C. 701s);
    ``(VII) section 206 of the Water
    Resources Development Act of 1996 (33
    U.S.C. 2330);
    ``(VIII) section 2 of the Act of
    August 28, 1937 (33 U.S.C. 701g); and
    ``(IX) section 1135 of the Water
    Resources Development Act of 1986 (33
    U.S.C. 2309a).''; and
    (B) in paragraph (4)(B)--
    (i) in clause (i), by striking ``and'' at the
    end;
    (ii) by redesignating clause (ii) as clause
    (iii); and
    (iii) by inserting after clause (i) the
    following:
    ``(ii) the Secretary shall not include
    proposals in the appendix of the annual report
    that otherwise meet the criteria for inclusion in
    the annual report solely on the basis that the
    proposals are for the purposes

    [[Page 2642]]

    of navigation, flood risk management, ecosystem
    restoration, or municipal or agricultural water
    supply; and''; and
    (2) in subsection (g)(5), by striking ``if authorized'' and
    all that follows through ``2016''.

    (b) <>  Over-Budget Cap Programs.--For any
    project carried out under a continuing authority program, as such term
    is defined in section 7001(c)(1)(D) of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d)), for which the Secretary is
    required to include a proposed modification in an annual report under
    such section 7001(c)(1)(D), the Secretary shall, to the extent
    practicable, inform the non-Federal interest of the process for carrying
    out the project pursuant to section 105 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2215) and whether the Secretary has
    the authority to complete a feasibility study for the project.

    (c) <>  Annual Report on Status of
    Feasibility Studies.--Concurrent with each report submitted under
    section 7001 of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282d), the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a report
    that provides for an accounting of all outstanding feasibility studies
    being conducted by the Secretary, including, for each such study, its
    length, cost, and expected completion date.
    SEC. 128. <>  HARMFUL ALGAL BLOOM
    DEMONSTRATION PROGRAM.

    (a) <>  In General.--The Secretary shall carry
    out a demonstration program to determine the causes of, and implement
    measures to effectively detect, prevent, treat, and eliminate, harmful
    algal blooms associated with water resources development projects.

    (b) Consultation; Use of Existing Data and Program Authorities.--In
    carrying out the demonstration program under subsection (a), the
    Secretary shall--
    (1) consult with the heads of appropriate Federal and State
    agencies; and
    (2) make maximum use of existing Federal and State data and
    ongoing programs and activities of Federal and State agencies,
    including the activities of the Secretary carried out through
    the Engineer Research and Development Center pursuant to section
    1109 of the Water Resources Development Act of 2018 (33 U.S.C.
    610 note).

    (c) <>  Focus Areas.--In carrying out the
    demonstration program under subsection (a), the Secretary shall
    undertake program activities related to harmful algal blooms in the
    Great Lakes, the tidal and inland waters of the State of New Jersey, the
    coastal and tidal waters of the State of Louisiana, the waterways of the
    counties that comprise the Sacramento-San Joaquin Delta, California, the
    Allegheny Reservoir Watershed, New York, and Lake Okeechobee, Florida.

    (d) Additional Focus Areas.--In addition to the areas described in
    subsection (c), in carrying out the demonstration program under
    subsection (a), the Secretary shall undertake program activities related
    to harmful algal blooms at any Federal reservoir located in the Upper
    Missouri River Basin or the North Platte River Basin, at the request and
    expense of another Federal agency.

    [[Page 2643]]

    (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $25,000,000 to carry out this section.
    Such sums shall remain available until expended.
    SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX
    CONSTRUCTION.

    (a) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Secretary shall submit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of the
    Senate a report on the effects of any interception-rearing complex
    constructed on the Missouri River on--
    (1) flood risk management and navigation; and
    (2) the population recovery of the pallid sturgeon,
    including baseline population counts.

    (b) No Additional IRC Construction.--The Secretary may not authorize
    construction of an interception-rearing complex on the Missouri River
    until the Secretary--
    (1) submits the report required by subsection (a);
    (2) <>  acting through the
    Engineer Research and Development Center, conducts further
    research on interception-rearing complex design, including any
    effects on existing flows, flood risk management, and
    navigation; and
    (3) <>  develops a plan--
    (A) to repair dikes and revetments that are
    affecting flood risk and bank erosion; and
    (B) to establish, repair, or improve water control
    structures at the headworks of constructed shallow water
    habitat side-channels.

    (c) Future IRC Construction.--
    (1) Public comment.--The Secretary shall provide an
    opportunity for comment from the public and the Governor of each
    affected State on any proposals to construct an interception-
    rearing complex after the date of enactment of this Act.
    (2) Period.--The public comment period required by paragraph
    (1) shall be not less than 90 days for each proposal to
    construct an interception-rearing complex on the Missouri River.
    SEC. 130. <>  MATERIALS, SERVICES, AND FUNDS
    FOR REPAIR, RESTORATION, OR
    REHABILITATION OF PROJECTS.

    (a) Definitions.--In this section:
    (1) Covered area.--The term ``covered area'' means an area--
    (A) for which the Governor of a State has requested
    a determination that an emergency exists; or
    (B) covered by an emergency or major disaster
    declaration declared under the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5121 et seq.).
    (2) Emergency period.--The term ``emergency period'' means--
    (A) with respect to a covered area described in
    paragraph (1)(A), the period during which the Secretary
    determines an emergency exists; and
    (B) with respect to a covered area described in
    paragraph (1)(B), the period during which the applicable
    declaration is in effect.

    [[Page 2644]]

    (b) <>  In General.--In any
    covered area, the Secretary is authorized to accept and use materials,
    services, and funds, during the emergency period, from a non-Federal
    interest or private entity to repair, restore, or rehabilitate a
    federally authorized water resources development project, and to provide
    reimbursement to such non-Federal interest or private entity for such
    materials, services, and funds, in the Secretary's sole discretion, and
    subject to the availability of appropriations, if the Secretary
    determines that reimbursement is in the public interest.

    (c) <>  Additional Requirement.--The Secretary
    may only reimburse for the use of materials or services accepted under
    this section if such materials or services meet the Secretary's
    specifications and comply with all applicable laws and regulations that
    would apply if such materials and services were acquired by the
    Secretary, including sections 3141 through 3148 and 3701 through 3708 of
    title 40, United States Code, section 8302 of title 41, United States
    Code, and the National Environmental Policy Act of 1969.

    (d) <>  Agreements.--
    (1) In general.--Prior to the acceptance of materials,
    services, or funds under this section, the Secretary and the
    non-Federal interest or private entity shall enter into an
    agreement that specifies--
    (A) the non-Federal interest or private entity shall
    hold and save the United States free from any and all
    damages that arise from use of materials or services of
    the non-Federal interest or private entity, except for
    damages due to the fault or negligence of the United
    States or its contractors;
    (B) the non-Federal interest or private entity shall
    certify that the materials or services comply with all
    applicable laws and regulations under subsection (c);
    and
    (C) any other term or condition required by the
    Secretary.
    (2) Exception.--If an agreement under paragraph (1) was not
    entered prior to materials or services being contributed, a non-
    Federal interest or private entity shall enter into an agreement
    with the Secretary that--
    (A) specifies the value, as determined by the
    Secretary, of those materials or services contributed
    and eligible for reimbursement; and
    (B) ensures that the materials or services comply
    with subsection (c) and paragraph (1).
    SEC. 131. LEVEE SAFETY.

    Section 9004 of the Water Resources Development Act of 2007 (33
    U.S.C. 3303) is amended by adding at the end the following:
    ``(d) Identification of Deficiencies.--
    ``(1) In general.--For each levee included in an inventory
    established under subsection (b) or for which the Secretary has
    conducted a review under subsection (c), the Secretary shall--
    ``(A) identify the specific engineering and
    maintenance deficiencies, if any; and
    ``(B) describe the recommended remedies to correct
    each deficiency identified under subparagraph (A), and,
    if

    [[Page 2645]]

    requested by owner of a non-Federal levee, the
    associated costs of those remedies.
    ``(2) Consultation.--In identifying deficiencies and
    describing remedies for a levee under paragraph (1), the
    Secretary shall consult with relevant non-Federal interests,
    including by providing an opportunity for comment by those non-
    Federal interests.''.
    SEC. 132. NATIONAL DAM SAFETY PROGRAM.

    (a) Definitions.--Section 2 of the National Dam Safety Program Act
    (33 U.S.C. 467) is amended--
    (1) in paragraph (4)--
    (A) in subparagraph (A)--
    (i) by striking clause (iii) and inserting the
    following:
    ``(iii) has an emergency action plan that--
    ``(I) is approved by the relevant
    State dam safety agency; or
    ``(II) is in conformance with State
    law and pending approval by the relevant
    State dam safety agency;''; and
    (ii) by striking clause (iv) and inserting the
    following:
    ``(iv) fails to meet minimum dam safety
    standards of the State in which the dam is
    located, as determined by the State; and
    ``(v) poses an unacceptable risk to the
    public, as determined by the Administrator, in
    consultation with the Board.''; and
    (B) in subparagraph (B)(i), by inserting ``under a
    hydropower project with an authorized installed capacity
    of greater than 1.5 megawatts'' after ``dam''; and
    (2) in paragraph (10)--
    (A) in the heading, by striking ``Non-federal
    sponsor'' and inserting ``Eligible subrecipient''; and
    (B) by striking ``The term `non-Federal sponsor' ''
    and inserting ``The term `eligible subrecipient' ''.

    (b) Rehabilitation of High Hazard Potential Dams.--
    (1) Establishment of program.--Section 8A(a) of the National
    Dam Safety Program Act (33 U.S.C. 467f-2(a)) is amended by
    striking ``to non-Federal sponsors'' and inserting ``to States
    with dam safety programs''.
    (2) Eligible activities.--Section 8A(b) of the National Dam
    Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the
    matter preceding paragraph (1), by striking ``for a project may
    be used for'' and inserting ``to a State may be used by the
    State to award grants to eligible subrecipients for''.
    (3) Award of grants.--Section 8A(c) of the National Dam
    Safety Program Act (33 U.S.C. 467f-2(c)) is amended--
    (A) in paragraph (1)(A), by striking ``non-Federal
    sponsor'' and inserting ``State''; and
    (B) in paragraph (2)--
    (i) in subparagraph (A), by striking ``an
    eligible high hazard potential dam to a non-
    Federal sponsor'' and inserting ``eligible high
    hazard potential dams to a State'';
    (ii) in subparagraph (B)--

    [[Page 2646]]

    (I) in the subparagraph heading, by
    striking ``Project grant'' and inserting
    ``Grant'';
    (II) by striking ``project grant
    agreement with the non-Federal sponsor''
    and inserting ``grant agreement with the
    State''; and
    (III) by striking ``project,'' and
    inserting ``projects for which the grant
    is awarded,'';
    (iii) by amending subparagraph (C) to read as
    follows:
    ``(C) <>  Grant assurance.--As
    part of a grant agreement under subparagraph (B), the
    Administrator shall require that each eligible
    subrecipient to which the State awards a grant under
    this section provides an assurance, with respect to the
    dam to be rehabilitated by the eligible subrecipient,
    that the dam owner will carry out a plan for maintenance
    of the dam during the expected life of the dam.''; and
    (iv) in subparagraph (D), by striking ``A
    grant provided under this section shall not
    exceed'' and inserting ``A State may not award a
    grant to an eligible subrecipient under this
    section that exceeds, for any 1 dam,''.
    (4) Requirements.--Section 8A(d) of the National Dam Safety
    Program Act (33 U.S.C. 467f-2(d)) is amended--
    (A) in paragraph (1), by inserting ``to an eligible
    subrecipient'' after ``this section'';
    (B) in paragraph (2)--
    (i) in the paragraph heading, by striking
    ``Non-federal sponsor'' and inserting ``Eligible
    subrecipient'';
    (ii) in the matter preceding subparagraph (A),
    by striking ``the non-Federal sponsor shall'' and
    inserting ``an eligible subrecipient shall, with
    respect to the dam to be rehabilitated by the
    eligible subrecipient'';
    (iii) by amending subparagraph (A) to read as
    follows:
    ``(A) <>  demonstrate that the
    community in which the dam is located participates in,
    and complies with, all applicable Federal flood
    insurance programs, including demonstrating that such
    community is participating in the National Flood
    Insurance Program, and is not on probation, suspended,
    or withdrawn from such Program;'';

    (iv) <>
    in subparagraph (B), by striking ``have'' and
    inserting ``beginning not later than 2 years after
    the date on which the Administrator publishes
    criteria for hazard mitigation plans under
    paragraph (3), demonstrate that the Tribal or
    local government with jurisdiction over the area
    in which the dam is located has''; and
    (v) in subparagraph (C), by striking ``50-year
    period'' and inserting ``expected life of the
    dam''; and
    (C) by adding at the end the following:
    ``(3) <>  Hazard
    mitigation plan criteria.--Not later than 1 year after the date
    of enactment of this paragraph, the Administrator, in
    consultation with the Board, shall publish criteria for hazard
    mitigation plans required under paragraph (2)(B).''.

    [[Page 2647]]

    (5) Floodplain management plans.--Section 8A(e) of the
    National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is
    amended--
    (A) in paragraph (1)--
    (i) in the matter preceding subparagraph (A),
    by striking ``the non-Federal sponsor'' and
    inserting ``an eligible subrecipient''; and
    (ii) in subparagraph (B), by striking ``1
    year'' and inserting ``2 years'' each place it
    appears; and
    (B) by striking paragraph (3) and inserting the
    following:
    ``(3) Plan criteria and technical support.--The
    Administrator, in consultation with the Board, shall provide
    criteria, and may provide technical support, for the development
    and implementation of floodplain management plans prepared under
    this subsection.''.
    (6) Contractual requirements.--Section 8A(i)(1) of the
    National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is
    amended by striking ``a non-Federal sponsor'' and inserting ``an
    eligible subrecipient''.
    SEC. 133. <>  REHABILITATION OF CORPS OF
    ENGINEERS CONSTRUCTED PUMP STATIONS.

    (a) Definitions.--In this section:
    (1) Eligible pump station.--The term ``eligible pump
    station'' means a pump station--
    (A) constructed, in whole or in part, by the Corps
    of Engineers for flood risk management purposes;
    (B) that the Secretary has identified as having a
    major deficiency; and
    (C) the failure of which the Secretary has
    determined would impair the function of a flood risk
    management project constructed by the Corps of
    Engineers.
    (2) Rehabilitation.--
    (A) In general.--The term ``rehabilitation'', with
    respect to an eligible pump station, means to address a
    major deficiency of the eligible pump station caused by
    long-term degradation of the foundation, construction
    materials, or engineering systems or components of the
    eligible pump station.
    (B) Inclusions.--The term ``rehabilitation'', with
    respect to an eligible pump station, includes--
    (i) the incorporation into the eligible pump
    station of--
    (I) current design standards;
    (II) efficiency improvements; and
    (III) associated drainage; and
    (ii) increasing the capacity of the eligible
    pump station, subject to the condition that the
    increase shall--
    (I) significantly decrease the risk
    of loss of life and property damage; or
    (II) decrease total lifecycle
    rehabilitation costs for the eligible
    pump station.

    (b) <>  Authorization.--The Secretary may
    carry out rehabilitation of an eligible pump station, if the Secretary
    determines that the rehabilitation is feasible.

    [[Page 2648]]

    (c) Cost Sharing.--The non-Federal interest for the eligible pump
    station shall--
    (1) provide 35 percent of the cost of rehabilitation of an
    eligible pump station carried out under this section; and
    (2) provide all land, easements, rights-of-way, and
    necessary relocations associated with the rehabilitation
    described in subparagraph (A), at no cost to the Federal
    Government.

    (d) <>  Agreement Required.--The rehabilitation of
    an eligible pump station pursuant to this section shall be initiated
    only after a non-Federal interest has entered into a binding agreement
    with the Secretary--
    (1) to pay the non-Federal share of the costs of
    rehabilitation under subsection (c); and
    (2) <>  to pay 100 percent of the
    operation and maintenance costs of the rehabilitated eligible
    pump station, in accordance with regulations promulgated by the
    Secretary.

    (e) Treatment.--The rehabilitation of an eligible pump station
    pursuant to this section shall not be considered to be a separable
    element of the associated flood risk management project constructed by
    the Corps of Engineers.
    (f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $60,000,000, to remain available
    until expended.
    SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

    (a) Reauthorization; Implementation Guidance.--Section 1043(b) of
    the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
    note) is amended--
    (1) in paragraph (7), by striking ``the date that is 5 years
    after the date of enactment of this Act'' and inserting
    ``September 30, 2026'';
    (2) in paragraph (8), by striking ``2023'' and inserting
    ``2026''; and
    (3) by adding at the end the following:
    ``(9) Implementation guidance.--
    ``(A) <>  In general.--Not later
    than 120 days after the date of enactment of this
    paragraph, the Secretary shall issue guidance for the
    implementation of the pilot program that, to the extent
    practicable, identifies--
    ``(i) the metrics for measuring the success of
    the pilot program;
    ``(ii) a process for identifying future
    projects to participate in the pilot program;
    ``(iii) measures to address the risks of a
    non-Federal interest constructing projects under
    the pilot program, including which entity bears
    the risk for projects that fail to meet the Corps
    of Engineers standards for design or quality;
    ``(iv) the laws and regulations that a non-
    Federal interest must follow in carrying out a
    project under the pilot program; and
    ``(v) which entity bears the risk in the event
    that a project carried out under the pilot program
    fails to be carried out in accordance with the
    project authorization or this subsection.

    [[Page 2649]]

    ``(B) <>  New project
    partnership agreements.--The Secretary may not enter
    into a project partnership agreement under this
    subsection during the period beginning on the date of
    enactment of this paragraph and ending on the date on
    which the Secretary issues the guidance under
    subparagraph (A).''.

    (b) <>  Non-Federal Project
    Implementation for Comprehensive Everglades Restoration Plan Projects.--
    (1) In general.--In carrying out the pilot program
    authorized under section 1043(b) of the Water Resources Reform
    and Development Act of 2014 (33 U.S.C. 2201 note), the Secretary
    is authorized to include a project authorized to be implemented
    by, or in accordance with, section 601 of the Water Resources
    Development Act of 2000, in accordance with such section
    1043(b).
    (2) Eligibility.--In the case of a project described in
    paragraph (1) for which the non-Federal interest has initiated
    construction in compliance with authorities governing the
    provision of in-kind contributions for such project, the
    Secretary shall take into account the value of any in-kind
    contributions carried out by the non-Federal interest for such
    project prior to the date of execution of the project
    partnership agreement under section 1043(b) of the Water
    Resources Reform and Development Act of 2014 when determining
    the non-Federal share of the costs to complete construction of
    the project.
    (3) <>  Guidance.--Not later than 180 days
    after the date of enactment of this subsection, and in
    accordance with the guidance issued under section 1043(b)(9) of
    the Water Resources Reform and Development Act of 2014 (as added
    by this section), the Secretary shall issue any additional
    guidance that the Secretary determines necessary for the
    implementation of this subsection.
    SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN
    TRIBES.

    Section 1156(b) of the Water Resources Development Act of 1986 (33
    U.S.C. 2310(b)) is amended by striking ``for inflation'' and all that
    follows through the period at the end and inserting ``on an annual basis
    for inflation.''.
    SEC. 136. <>  REVIEW OF CONTRACTING POLICIES.

    (a) Review of Contractual Agreements.--
    (1) <>  In general.--Not later than 180
    days after the date of enactment of this section, the Secretary
    shall complete a review of the policies, guidelines, and
    regulations of the Corps of Engineers for the development of
    contractual agreements between the Secretary and non-Federal
    interests and utilities associated with the construction of
    water resources development projects.
    (2) <>  Report.--Not later than
    90 days after completing the review under subsection (a)(1), the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Environment and Public Works of the Senate, and make publicly
    available, a report that includes--
    (A) <>  a summary of the results of
    the review; and

    [[Page 2650]]

    (B) public guidance on best practices for a non-
    Federal interest to use when writing or developing
    contractual agreements with the Secretary and utilities.
    (3) Provision of guidance.--The Secretary shall provide the
    best practices guidance included under paragraph (2)(A) to non-
    Federal interests prior to the development of contractual
    agreements with such non-Federal interests.

    (b) Sense of Congress.--It is the sense of Congress that the
    Secretary should maximize use of nonprice tradeoff procedures in
    competitive acquisitions for carrying out emergency work in an area with
    respect to which the President has declared a major disaster under
    section 401 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act.
    SEC. 137. <>  CRITERIA FOR FUNDING
    ENVIRONMENTAL INFRASTRUCTURE PROJECTS.

    (a) <>  In General.--Not later than 180
    days after the date of enactment of this Act, the Secretary shall
    develop specific criteria for the evaluation and ranking of individual
    environmental assistance projects authorized by Congress (including
    projects authorized pursuant to environmental assistance programs) for
    the Secretary to carry out.

    (b) <>  Minimum Criteria.--For the purposes of
    carrying out this section, the Secretary shall evaluate, at a minimum--
    (1) the nature and extent of the positive and negative local
    economic impacts of the project, including--
    (A) the benefits of the project to the local
    economy;
    (B) the extent to which the project will enhance
    local development;
    (C) the number of jobs that will be directly created
    by the project; and
    (D) the ability of the non-Federal interest to pay
    the applicable non-Federal share of the cost of the
    project;
    (2) the demographics of the location in which the project is
    to be carried out, including whether the project serves--
    (A) a rural community; or
    (B) an economically disadvantaged community,
    including an economically disadvantaged minority
    community;
    (3) the amount of appropriations a project has received;
    (4) the funding capability of the Corps of Engineers with
    respect to the project;
    (5) whether the project could be carried out under other
    Federal authorities at an equivalent cost to the non-Federal
    interest; and
    (6) any other criteria that the Secretary considers to be
    appropriate.

    (c) Inclusion in Guidance.--The Secretary shall include the criteria
    developed under subsection (a) in the annual Civil Works Direct Program
    Development Policy Guidance of the Secretary.
    (d) Report to Congress.--For fiscal year 2022, and biennially
    thereafter, in conjunction with the President's annual budget submission
    to Congress under section 1105(a) of title 31, United States Code, the
    Secretary shall submit to the Committee on Environment and Public Works
    and the Committee on Appropriations of the Senate and the Committee on
    Transportation and Infrastructure and the Committee on Appropriations of
    the House

    [[Page 2651]]

    of Representatives a report that identifies the Secretary's ranking of
    individual environmental assistance projects authorized by Congress for
    the Secretary to carry out, in accordance with the criteria developed
    under this section.
    SEC. 138. <>  AGING INFRASTRUCTURE.

    (a) Definitions.--In this section:
    (1) Aging infrastructure.--The term ``aging infrastructure''
    means a water resources development project of the Corps of
    Engineers, or any other water resources, water storage, or
    irrigation project of another Federal agency, that is greater
    than 75 years old.
    (2) Enhanced inspection.--The term ``enhanced inspection''
    means an inspection that uses current or innovative technology,
    including Light Detection and Ranging (commonly known as
    ``LiDAR''), ground penetrating radar, subsurface imaging, or
    subsurface geophysical techniques, to detect whether the
    features of the aging infrastructure are structurally sound and
    can operate as intended, or are at risk of failure.

    (b) Contracts for Enhanced Inspection.--
    (1) In general.--The Secretary may carry out enhanced
    inspections of aging infrastructure, pursuant to a contract with
    the owner or operator of the aging infrastructure.
    (2) Certain circumstances.--Subject to the availability of
    appropriations, or funds available pursuant to subsection (d),
    the Secretary shall enter into a contract described in paragraph
    (1), if--
    (A) the owner or operator of the aging
    infrastructure requests that the Secretary carry out the
    enhanced inspections; and
    (B) the inspection is at the full expense of such
    owner or operator.

    (c) Limitation.--The Secretary shall not require a non-Federal
    entity associated with a project under the jurisdiction of another
    Federal agency to carry out corrective or remedial actions in response
    to an enhanced inspection carried out under this section.
    (d) Funding.--The Secretary is authorized to accept funds from an
    owner or operator of aging infrastructure, and may use such funds to
    carry out an enhanced inspection pursuant to a contract entered into
    with such owner or operator under this section.
    SEC. 139. <>  UNIFORMITY OF NOTIFICATION
    SYSTEMS.

    (a) <>  Inventory.--Not later than 180 days after
    the date of enactment of this Act, the Secretary shall complete an
    inventory of all systems used by the Corps of Engineers for external
    communication and notification with respect to projects, initiatives,
    and facilities of the Corps of Engineers.

    (b) Uniform Plan.--
    (1) <>  In general.--Not later than 1 year
    after the date of enactment of this Act, the Secretary shall
    develop a plan for the uniformity of such communication and
    notification systems for projects, initiatives, and facilities
    of the Corps of Engineers.
    (2) Inclusions.--The plan developed under paragraph (1)
    shall--
    (A) provide access to information in all forms
    practicable, including through email, text messages,
    news programs and websites, radio, and other forms of
    notification;

    [[Page 2652]]

    (B) establish a notification system for any
    projects, initiatives, or facilities of the Corps of
    Engineers that do not have a notification system;
    (C) streamline existing communication and
    notification systems to improve the strength and
    uniformity of those systems; and
    (D) emphasize the necessity of timeliness in
    notification systems and ensure that the methods of
    notification can transmit information in a timely
    manner.
    (3) <>  Implementation.--
    (A) In general.--Except as provided in subparagraph
    (B), not later than 2 years after the date of enactment
    of this Act, the Secretary shall complete the
    implementation of the plan developed under paragraph
    (1).
    (B) Emergency management notification.--Not later
    than 18 months after the date of enactment of this Act,
    the Secretary shall implement the provisions of the plan
    developed under paragraph (1) relating to emergency
    management notifications.
    (4) Savings provision.--Nothing in this section authorizes
    the elimination of any existing communication or notification
    system used by the Corps of Engineers.
    SEC. 140. <>  COASTAL STORM DAMAGE REDUCTION
    CONTRACTS.

    For any project for coastal storm damage reduction, the Secretary
    may seek input from a non-Federal interest for a project that may be
    affected by the timing of the coastal storm damage reduction activities
    under the project, in order to minimize, to the maximum extent
    practicable, any negative effects resulting from the timing of those
    activities.
    SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.

    Section 542(b)(2) of the Water Resources Development Act of 2000
    (114 Stat. 2671; 121 Stat. 1150) is amended--
    (1) in subparagraph (F), by striking ``or'' at the end;
    (2) by redesignating subparagraph (G) as subparagraph (H);
    and
    (3) by inserting after subparagraph (F) the following:
    ``(G) measures to restore, protect, and preserve an
    ecosystem affected by a dam (including by the
    rehabilitation or modification of a dam)--
    ``(i) that has been constructed, in whole or
    in part, by the Corps of Engineers for flood
    control purposes;
    ``(ii) for which construction was completed
    before 1940;
    ``(iii) that is classified as `high hazard
    potential' by the State dam safety agency of the
    State in which the dam is located; and
    ``(iv) that is operated by a non-Federal
    entity; or''.
    SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.

    (a) Sense of Congress.--It is the sense of Congress that the process
    developed by the Flood Protection Structure Accreditation Task Force
    established under section 100226 of the Moving Ahead for Progress in the
    21st Century Act (42 U.S.C. 4101 note) should not be limited to levee
    systems in the inspection of completed works program of the Corps of
    Engineers, but should apply equally to federally owned levee systems
    operated by the Secretary,

    [[Page 2653]]

    including federally owned levee systems operated by the Secretary as
    part of a reservoir project.
    (b) Levee Certifications.--Section 3014 of the Water Resources
    Reform and Development Act of 2014 (42 U.S.C. 4131) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) by striking ``under the inspection of
    completed works program'' and inserting ``for
    levee systems under the levee safety and dam
    safety programs''; and
    (ii) by striking ``and'' at the end;
    (B) in paragraph (2)--
    (i) by striking ``activities under the
    inspection of completed works program of the Corps
    of Engineers'' and inserting ``the activities
    referred to in paragraph (1)'';
    (ii) by striking ``chapter 1'' and inserting
    ``chapter I''; and
    (iii) by striking the period at the end and
    inserting ``; and''; and
    (C) by adding at the end the following:
    ``(3) in the case of a levee system that is operated and
    maintained by the Corps of Engineers, to the maximum extent
    practicable, cooperate with local governments seeking a levee
    accreditation decision for the levee to provide information
    necessary to support the accreditation decision in a timely
    manner.''; and
    (2) in paragraph (b)(3), by adding at the end the following:
    ``(C) Contributed funds.--Notwithstanding
    subparagraph (B), a non-Federal interest may fund up to
    100 percent of the cost of any activity carried out
    under this subsection.''.
    SEC. 143. <>  PROJECT PARTNERSHIP AGREEMENT.

    Section 103(j)(1) of the Water Resources Development Act of 1986 (33
    U.S.C. 2213(j)(1)) is amended--
    (1) by striking ``Any project'' and inserting the following:
    ``(A) In general.--Any project''; and
    (2) by adding at the end the following:
    ``(B) <>  Inclusion.--An
    agreement under subparagraph (A) shall include a brief
    description and estimation of the anticipated
    operations, maintenance, and replacement and
    rehabilitation costs of the non-Federal interest for the
    project.''.
    SEC. 144. <>  ACCEPTANCE OF FUNDS FOR HARBOR
    DREDGING.

    The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept and expend funds contributed
    by a State or other non-Federal interest--
    (1) to dredge a non-Federal harbor or channel, or a marina
    or berthing area located adjacent to, or accessible by, such
    harbor or channel; or
    (2) to provide technical assistance related to the planning
    and design of dredging activities described in paragraph (1).
    SEC. 145. REPLACEMENT CAPACITY.

    Section 217(a) of the Water Resources Development Act of 1996 (33
    U.S.C. 2326a(a)) is amended--

    [[Page 2654]]

    (1) in the subsection heading, by inserting ``or Replacement
    Capacity'' after ``Additional Capacity'';
    (2) by striking paragraph (1) and inserting the following:
    ``(1) Provided by secretary.--
    ``(A) In general.--Subject to subparagraph (B), at
    the request of a non-Federal interest with respect to a
    project, the Secretary may--
    ``(i) provide additional capacity at a dredged
    material disposal facility constructed by the
    Secretary beyond the capacity that would be
    required for project purposes; or
    ``(ii) <>  permit the
    use of dredged material disposal facility capacity
    required for project purposes by the non-Federal
    interest if the Secretary determines that
    replacement capacity can be constructed at the
    facility or another facility or site before such
    capacity is needed for project purposes.
    ``(B) Agreement.--Before the Secretary takes an
    action under subparagraph (A), the non-Federal interest
    shall agree to pay--
    ``(i) all costs associated with the
    construction of the additional capacity or
    replacement capacity in advance of construction of
    such capacity; and
    ``(ii) <>  in the case
    of use by a non-Federal interest of dredged
    material disposal capacity required for project
    purposes under subparagraph (A)(ii), any increase
    in the cost of operation and maintenance of the
    project that the Secretary determines results from
    the use of the project capacity by the non-Federal
    interest in advance of each cycle of dredging.
    ``(C) Credit.--In the event the Secretary determines
    that the cost to operate or maintain the project
    decreases as a result of use by the non-Federal interest
    of dredged material disposal capacity required for
    project purposes under subparagraph (A)(ii), the
    Secretary, at the request of the non-Federal interest,
    shall credit the amount of the decrease toward any cash
    contribution of the non-Federal interest required
    thereafter for construction, operation, or maintenance
    of the project, or of another navigation project.'';
    (3) in paragraph (2), in the first sentence, by inserting
    ``under paragraph (1)(A)(i)'' after ``additional capacity''; and
    (4) by adding at the end the following:
    ``(3) Special rule for designation of replacement capacity
    facility or site.--
    ``(A) <>  In general.--Subject
    to such terms and conditions as the Secretary determines
    to be necessary or advisable, an agreement under
    paragraph (1)(B) for use permitted under paragraph
    (1)(A)(ii) shall reserve to the non-Federal interest--
    ``(i) the right to submit to the Secretary for
    approval at a later date an alternative to the
    facility or site designated in the agreement for
    construction of replacement capacity; and
    ``(ii) the right to construct the replacement
    capacity at the alternative facility or site at
    the expense of the non-Federal interest.

    [[Page 2655]]

    ``(B) Requirement.--The Secretary shall not reject a
    site for the construction of replacement capacity under
    paragraph (1)(A)(ii) that is submitted by the non-
    Federal interest for approval by the Secretary before
    the date of execution of the agreement under paragraph
    (1)(B), or thereafter, unless the Secretary--
    ``(i) <>  determines
    that the site is environmentally unacceptable,
    geographically unacceptable, or technically
    unsound; and
    ``(ii) provides a written basis for the
    determination under clause (i) to the non-Federal
    interest.
    ``(4) Public comment.--The Secretary shall afford the public
    an opportunity to comment on the determinations required under
    this subsection for a use permitted under paragraph
    (1)(A)(ii).''.
    SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.

    Section 1008 of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 2321b) is amended--
    (1) by striking ``civil works'' each place it appears and
    inserting ``water resources development''; and
    (2) by adding at the end the following:

    ``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
    ``(1) Definition of eligible non-federal interest.--In this
    subsection, the term `eligible non-Federal interest' means a
    non-Federal interest that owns or operates an existing non-
    Federal hydropower facility at a Corps of Engineers water
    resources development project.
    ``(2) Evaluation.--
    ``(A) In general.--On the written request of an
    eligible non-Federal interest, the Secretary shall
    conduct an evaluation to consider operational changes at
    the applicable project to facilitate production of non-
    Federal hydropower, consistent with authorized project
    purposes. The Secretary shall solicit input from
    interested stakeholders as part of the evaluation.
    ``(B) Deadline.--Not later than 180 days after the
    date on which the Secretary receives a written request
    under subparagraph (A), the Secretary shall provide to
    the non-Federal interest a written response to inform
    the non-Federal interest--
    ``(i) that the Secretary has approved the
    request to conduct an evaluation; or
    ``(ii) of any additional information necessary
    for the Secretary to approve the request to
    conduct an evaluation.
    ``(3) Operational changes.--An operational change referred
    to in paragraph (2)(A) may include--
    ``(A) changes to seasonal pool levels;
    ``(B) modifying releases from the project; and
    ``(C) other changes included in the written request
    submitted under that paragraph that enhance the usage of
    the project to facilitate production of non-Federal
    hydropower, consistent with authorized project purposes.

    [[Page 2656]]

    ``(4) Cost share.--The eligible non-Federal interest shall
    pay 100 percent of the costs associated with an evaluation under
    this subsection, including the costs to prepare the report under
    paragraph (6).
    ``(5) <>  Deadline.--The Secretary shall
    complete an evaluation under this subsection by the date that is
    not later than 1 year after the date on which the Secretary
    begins the evaluation.
    ``(6) Report.--On completion of an evaluation under this
    subsection, the Secretary shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of
    Representatives a report on the effects of the operational
    changes proposed by the non-Federal interest and examined in the
    evaluation on the authorized purposes of the project, including
    a description of any negative impacts of the proposed
    operational changes on the authorized purposes of the project,
    or on any Federal project located in the same basin.
    ``(7) Savings provision.--Nothing in this subsection--
    ``(A) affects the authorized purposes of a Corps of
    Engineers water resources development project;
    ``(B) affects existing authorities of the Corps of
    Engineers, including authorities with respect to
    navigation, flood damage reduction, environmental
    protection and restoration, water supply and
    conservation, and other related purposes; or
    ``(C) authorizes the Secretary to make any
    operational changes to a Corps of Engineers water
    resources development project.''.
    SEC. 147. <>  REPAIR AND RESTORATION OF
    EMBANKMENTS.

    (a) <>  In General.--At the request of a non-
    Federal interest, the Secretary shall assess the cause of damage to, or
    the failure of, an embankment that is adjacent to the shoreline of a
    reservoir project owned and operated by the Secretary for which such
    damage or failure to the embankment has adversely affected a roadway
    that the Secretary has relocated for construction of the reservoir.

    (b) <>  Repair and Restoration Activities.--
    If, based on the assessment carried out under subsection (a), the
    Secretary determines that the cause of the damage to, or the failure of,
    the embankment is the direct result of the design or operation of the
    reservoir by the Secretary, the Secretary is authorized to participate
    in the repair or restoration of such embankment.

    (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $10,000,000 to carry out this section.
    SEC. 148. COASTAL MAPPING.

    Section 516 of the Water Resources Development Act of 1996 (33
    U.S.C. 2326b) is amended--
    (1) by redesignating subsection (g) as subsection (h);
    (2) by inserting after subsection (f) the following:

    ``(g) <>  Coastal Mapping.--The Secretary shall develop
    and carry out a plan for the recurring mapping of coastlines that are
    experiencing rapid change, including such coastlines in--
    ``(1) Alaska;
    ``(2) Hawaii; and
    ``(3) any territory or possession of the United States.'';
    and

    [[Page 2657]]

    (3) in subsection (h) (as so redesignated), by adding at the
    end the following:
    ``(3) Coastal mapping.--In addition to amounts made
    available under paragraph (1), there is authorized to be
    appropriated to carry out subsection (g) with respect to Alaska,
    Hawaii, and the territories and possessions of the United
    States, $10,000,000, to remain available until expended.''.
    SEC. 149. INTERIM RISK REDUCTION MEASURES.

    (a) <>  In General.--In the case of
    any interim risk reduction measure for dam safety purposes that was
    evaluated in a final environmental assessment completed during the
    period beginning on March 18, 2019, and ending on the date of enactment
    of this Act, the Secretary shall carry out a reevaluation of the measure
    in a timely manner if the final environmental assessment did not
    consider in detail at least--
    (1) 1 operational water control plan change alternative;
    (2) 1 action alternative other than an operational water
    control plan change; and
    (3) the no action alternative.

    (b) Coordination.--A reevaluation carried out under subsection (a)
    shall include consideration of the alternatives described in such
    subsection, which shall be developed in coordination with Federal
    agencies, States, Indian Tribes, units of local government, and other
    non-Federal interests that have existing water obligations that would be
    directly affected by implementation of an interim risk reduction measure
    that is the subject of the reevaluation.
    (c) Implementation Prior to Reevaluation.--Nothing in this section
    prohibits the Secretary from implementing an interim risk reduction
    measure for which a reevaluation is required under subsection (a) prior
    to the completion of the reevaluation under subsection (a).
    SEC. 150. MAINTENANCE DREDGING PERMITS.

    (a) In General.--The Secretary shall, to the maximum extent
    practicable, prioritize the reissuance of any regional general permit
    for maintenance dredging that expires prior to May 1, 2021, and shall
    use best efforts to ensure such reissuance prior to expiration of such a
    regional general permit for maintenance dredging.
    (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
    (1) the National Environmental Policy Act of 1969 (42 U.S.C.
    4321 et seq.);
    (2) the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.); and
    (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.).
    SEC. 151. <>  HIGH WATER-LOW WATER
    PREPAREDNESS.

    (a) Definitions.--In this section:
    (1) Bypass.--The term ``bypass'' means an alternate water
    route adjacent to a lock and dam on a Federal inland waterway
    system that can be used for commercial navigation during high
    water conditions.
    (2) Emergency condition.--The term ``emergency condition''
    means--

    [[Page 2658]]

    (A) unsafe conditions on a Federal inland waterway
    system that prevent the operation of commercial vessels,
    resulting from a major change in water level or flows;
    (B) an obstruction in a Federal inland waterway
    system, including silt, sediment, rock formation, or a
    shallow channel;
    (C) an impaired or inoperable Federal lock and dam;
    or
    (D) any other condition determined appropriate by
    the Secretary.

    (b) <>  Emergency Determination.--The
    Secretary, in consultation with the District Commanders responsible for
    maintaining any Federal inland waterway system, the users of the
    waterway system, and the Coast Guard, may make a determination that an
    emergency condition exists on the waterway system.

    (c) Emergency Mitigation Project.--
    (1) In general.--Subject to paragraph (2) and the
    availability of appropriations, and in accordance with all
    applicable Federal requirements, the Secretary may carry out an
    emergency mitigation project on a Federal inland waterway system
    with respect to which the Secretary has determined that an
    emergency condition exists under subsection (b), or on a bypass
    of such system, to remedy that emergency condition.
    (2) Deadline.--An emergency mitigation project under
    paragraph (1) shall--
    (A) be initiated by not later than 60 days after the
    date on which the Secretary makes the applicable
    determination under subsection (b); and
    (B) to the maximum extent practicable, be completed
    by not later than 1 year after the date on which the
    Secretary makes such determination.

    (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $25,000,000 for
    each of fiscal years 2022 through 2024, to remain available until
    expended.
    SEC. 152. <>  TREATMENT OF CERTAIN BENEFITS
    AND COSTS.

    (a) In General.--In the case of a flood risk management project that
    incidentally generates seismic safety benefits in regions of moderate or
    high seismic hazard, for the purpose of a benefit-cost analysis for the
    project, the Secretary shall not include in that analysis any additional
    design and construction costs resulting from addressing seismic
    concerns.
    (b) Savings Provision.--Except with respect to the benefit-cost
    analysis, the additional costs referred to in subsection (a) shall be--
    (1) included in the total project cost; and
    (2) subject to cost-share requirements otherwise applicable
    to the project.
    SEC. 153. <>  LEASE DEVIATIONS.

    (a) Definition of Covered Lease Deviation.--In this section, the
    term ``covered lease deviation'' means a change in terms from the
    existing lease that requires approval from the Secretary for a lease--
    (1) of Federal land within the State of Oklahoma that is
    associated with a water resources development project, under--

    [[Page 2659]]

    (A) section 2667 of title 10, United States Code; or
    (B) section 4 of the Act of December 22, 1944 (16
    U.S.C. 460d); and
    (2) with respect to which the lessee is in good standing.

    (b) <>  Deadline.--In the case of a request
    for a covered lease deviation--
    (1) the Division Commander of the Southwestern Division
    shall--
    (A) <>  notify the Secretary of
    the request via electronic means by not later than 24
    hours after receiving the request; and
    (B) by not later than 10 business days after the
    date on which the Division Commander notifies the
    Secretary under subparagraph (A)--
    (i) make a determination approving, denying,
    or requesting a modification to the request; and
    (ii) provide to the Secretary the
    determination under clause (i); and
    (2) the Secretary shall make a determination approving,
    denying, or requesting a modification to the request by not
    later than 10 business days after--
    (A) the date on which the Division Commander
    provides to the Secretary a determination in accordance
    with paragraph (1)(B); or
    (B) if the Division Commander does not provide to
    the Secretary a determination in accordance with
    paragraph (1)(B), the date on which the deadline
    described in such paragraph expires.

    (c) Notification.--If the Secretary does not make a determination
    under subsection (b)(2) by the deadline described in that subsection,
    the Secretary shall submit a notification of the failure to make a
    determination with respect to the covered lease deviation, including the
    reason for the failure and a description of any outstanding issues, to--
    (1) the entity seeking the covered lease deviation;
    (2) the members of the Oklahoma congressional delegation;
    (3) the Committee on Environment and Public Works of the
    Senate; and
    (4) the Committee on Transportation and Infrastructure of
    the House of Representatives.
    SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.

    It is the sense of Congress that--
    (1) the Arctic, as defined in section 112 of the Arctic
    Research and Policy Act of 1984 (Public Law 98-373), is a region
    of strategic importance to the national security and maritime
    transportation interests of the United States;
    (2) there is a compelling national, regional, Alaska Native,
    and private sector need for permanent maritime transportation
    infrastructure development and for a presence in the Arctic by
    the United States to assert national security interests and to
    support and facilitate search and rescue, shipping safety,
    economic development, oil spill prevention and response,
    subsistence and commercial fishing, the establishment of ports
    of refuge, Arctic research, and maritime law enforcement;

    [[Page 2660]]

    (3) the Government of the Russian Federation has prioritized
    the development of Arctic maritime transportation capabilities
    and has made significant investments in military infrastructure
    in the Arctic, including the construction or refurbishment of 16
    deepwater ports in the region;
    (4) is a serious concern that the closest United States
    strategic seaports to the Arctic are the Port of Anchorage and
    the Port of Tacoma, located approximately 1,500 nautical miles
    and 2,400 nautical miles away from the Arctic, respectively, and
    approximately 1,900 nautical miles and 2,800 nautical miles,
    respectively, from Utiagvik, Alaska; and
    (5) it is in the national interest to enhance existing, and
    develop, maritime transportation infrastructure in the Arctic,
    including an Arctic deep draft strategic seaport in Alaska, that
    would allow the Coast Guard and the Navy each to perform their
    respective statutory duties and functions on a permanent basis
    with minimal mission interruption.
    SEC. 155. <>  SMALL WATER STORAGE PROJECTS.

    (a) <>  In General.--The Secretary shall carry out a
    program to study and construct new, or enlarge existing, small water
    storage projects, in partnership with a non-Federal interest.

    (b) Requirements.--To be eligible to participate in the program
    under this section, a small water storage project shall--
    (1) in the case of a new small water storage project, have a
    water storage capacity of not less than 2,000 acre-feet and not
    more than 30,000 acre-feet;
    (2) in the case of an enlargement of an existing small water
    storage project, be for an enlargement of not less than 1,000
    acre-feet and not more than 30,000 acre-feet;
    (3) provide--
    (A) flood risk management benefits;
    (B) ecological benefits; or
    (C) water management, water conservation, or water
    supply; and
    (4) be--
    (A) economically justified, environmentally
    acceptable, and technically feasible; or
    (B) in the case of a project providing ecological
    benefits, cost-effective with respect to such benefits.

    (c) Scope.--In carrying out the program under this section, the
    Secretary shall give preference to a small water storage project located
    in a State with a population of less than 1,000,000.
    (d) <>  Expedited Projects.--For the 10-year
    period beginning on the date of enactment of this Act, the Secretary
    shall expedite small water storage projects under this section for which
    applicable Federal permitting requirements have been completed.

    (e) <>  Use of Data.--In conducting a study
    under this section, to the maximum extent practicable, the Secretary
    shall--
    (1) as the Secretary determines appropriate, consider and
    utilize any applicable hydrologic, economic, or environmental
    data that is prepared for a small water storage project under
    State law as the documentation, or part of the documentation,
    required to complete State water plans or other State planning
    documents relating to water resources management; and
    (2) consider information developed by the non-Federal
    interest in relation to another study, to the extent the
    Secretary

    [[Page 2661]]

    determines such information is applicable, appropriate, or
    otherwise authorized by law.

    (f) Cost Share.--
    (1) Study.--The Federal share of the cost of a study
    conducted under this section shall be--
    (A) 100 percent for costs not to exceed $100,000;
    and
    (B) 50 percent for any costs above $100,000.
    (2) <>  Construction.--A small water
    storage project carried out under this section shall be subject
    to the cost-sharing requirements applicable to projects under
    section 103 of the Water Resources Development Act of 1986 (33
    U.S.C. 2213), including--
    (A) municipal and industrial water supply: 100
    percent non-Federal;
    (B) agricultural water supply: 35 percent non-
    Federal; and
    (C) recreation, including recreational navigation:
    50 percent of separable costs and, in the case of any
    harbor or inland harbor or channel project, 50 percent
    of joint and separable costs allocated to recreational
    navigation.

    (g) OMRRR Responsibility.--The costs of operation, maintenance,
    repair, and replacement and rehabilitation for a small water storage
    project constructed under this section shall be the responsibility of
    the non-Federal interest.
    (h) Individual Project Limit.--Not more than $65,000,000 in Federal
    funds may be made available to a small water storage project under this
    section.
    (i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $130,000,000 annually through
    fiscal year 2030.
    SEC. 156. <>  PLANNING ASSISTANCE TO
    STATES.

    In carrying out section 22 of the Water Resources Development Act
    of 1974 (42 U.S.C. 1962d-16), the Secretary shall provide equal priority
    for all mission areas of the Corps of Engineers, including water supply
    and water conservation.
    SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.

    Section 1222 of the Water Resources Development Act of 2018 (128
    Stat. 3811) is amended by adding at the end the following:
    ``(c) Additional Utilization of Forecast-Informed Reservoir
    Operations.--
    ``(1) <>  In general.--Not later
    than 1 year after the date of enactment of this subsection, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Environment and Public Works of the Senate a report on any
    additional opportunities identified for utilizing forecast-
    informed reservoir operations across the United States,
    including an assessment of the viability of forecast-informed
    reservoir operations in the Upper Missouri River Basin and the
    North Platte River Basin.
    ``(2) Forecast-informed reservoir operations.--
    ``(A) <>  Authorization.--If
    the Secretary determines, and includes in the report
    submitted under paragraph (1), that forecast-informed
    reservoir operations are viable at a reservoir in the
    Upper Missouri River Basin or the North Platte River
    Basin, including a reservoir for which the Secretary has
    flood control responsibilities under section

    [[Page 2662]]

    7 of the Act of December 22, 1944 (33 U.S.C. 709), the
    Secretary is authorized to carry out forecast-informed
    reservoir operations at such reservoir.
    ``(B) <>  Requirement.--
    Subject to the availability of appropriations, if the
    Secretary determines, and includes in the report
    submitted under paragraph (1), that forecast-informed
    reservoir operations are viable in the Upper Missouri
    River Basin or the North Platte River Basin, the
    Secretary shall carry out forecast-informed reservoir
    operations at not fewer than one reservoir in such
    basin.''.
    SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.

    (a) Study on Data for Water Allocation, Supply, and Demand.--
    (1) <>  In general.--The Secretary shall
    offer to enter into an agreement with the National Academy of
    Sciences to conduct a study on the ability of Federal agencies
    to coordinate with other Federal agencies, State and local
    agencies, Indian Tribes, communities, universities, consortiums,
    councils, and other relevant entities with expertise in water
    resources to facilitate and coordinate the sharing among such
    entities of water allocation, supply, and demand data,
    including--
    (A) any catalogs of such data;
    (B) definitions of any commonly used terms relating
    to water allocation, supply, and demand; and
    (C) a description of any common standards used by
    those entities.
    (2) <>  Report.--If the National
    Academy of Sciences enters into an agreement under paragraph
    (1), to the maximum extent practicable, not later than 1 year
    after the date of enactment of this Act, the National Academy of
    Sciences shall submit to Congress a report that includes--
    (A) the results of the study under paragraph (1);
    (B) recommendations for ways to streamline and make
    cost-effective methods for Federal agencies to
    coordinate interstate sharing of data, including
    recommendations for the development of a publicly
    accessible, internet-based platform that can allow
    entities described in paragraph (1) to communicate and
    coordinate ongoing data collection efforts relating to
    water allocation, supply, and demand, and share best
    practices relating to those efforts; and
    (C) a recommendation as to an appropriate Federal
    entity that should--
    (i) serve as the lead coordinator for the
    sharing of data relating to water allocation,
    supply, and demand; and
    (ii) host and manage the internet-based
    platform described in subparagraph (B).

    (b) <>  Data
    Transparency.--The Secretary shall prioritize making publicly available
    water resources data in the custody of the Corps of Engineers, as
    authorized by section 2017 of the Water Resources Development Act of
    2007 (33 U.S.C. 2342).

    (c) Funding.--From amounts otherwise appropriated or made available
    to the Secretary, the Secretary may make available to the National
    Academy of Sciences not more than $3,900,000, to be used for the review
    of information provided by the Corps of

    [[Page 2663]]

    Engineers for purposes of a study under subsection (a). The Secretary
    may accept funds from another Federal agency and make such funds
    available to the National Academy of Sciences, to be used for the review
    of information provided by such agency for purposes of a study under
    subsection (a).
    SEC. 159. <>  INLAND WATERWAYS
    PILOT PROGRAM.

    (a) Definitions.--In this section:
    (1) Authorized project.--The term ``authorized project''
    means a federally authorized water resources development project
    for navigation on the inland waterways.
    (2) Modernization activities.--The term ``modernization
    activities'' means construction or major rehabilitation
    activities for any authorized project.
    (3) Non-federal interest.--The term ``non-Federal interest''
    means any public body described in section 221(b) of the Flood
    Control Act of 1970 (42 U.S.C. 1962d-5b(b)).

    (b) Authorization of Pilot Program.--The Secretary is authorized to
    carry out a pilot program for modernization activities on the inland
    waterways system.
    (c) Implementation.--
    (1) In general.--In carrying out the pilot program under
    this section, the Secretary may--
    (A) accept and expend funds provided by a non-
    Federal interest to carry out, for an authorized project
    (or a separable element of an authorized project),
    modernization activities for such project; or
    (B) <>  coordinate with the
    non-Federal interest in order to allow the non-Federal
    interest to carry out, for an authorized project (or a
    separable element of an authorized project), such
    modernization activities.
    (2) Number.--The Secretary shall select not more than 2
    authorized projects to participate in the pilot program under
    paragraph (1).
    (3) Conditions.--Before carrying out modernization
    activities pursuant to paragraph (1)(B), a non-Federal interest
    shall--
    (A) <>  obtain any permit or
    approval required in connection with such activities
    under Federal or State law that would be required if the
    Secretary were to carry out such activities; and
    (B) ensure that a final environmental impact
    statement or environmental assessment, as appropriate,
    for such activities has been filed pursuant to the
    National Environmental Policy Act of 1969.
    (4) <>  Monitoring.--For any modernization
    activities carried out by the non-Federal interest pursuant to
    this section, the Secretary shall regularly monitor and audit
    such activities to ensure that--
    (A) the modernization activities are carried out in
    accordance with this section; and
    (B) the cost of the modernization activities is
    reasonable.
    (5) <>  Requirements.--The
    requirements of section 3142 of title 40, United States Code
    shall apply to any modernization activities undertaken under or
    pursuant to this section, either by the Secretary or the non-
    Federal interest.

    (d) <>  Agreements.--

    [[Page 2664]]

    (1) Activities carried out by non-federal interest.--
    (A) In general.--
    (i) Written agreement.--Before a non-Federal
    interest initiates modernization activities for an
    authorized project pursuant to this subsection
    (c)(1)(B), the non-Federal interest shall enter
    into a written agreement with the Secretary, under
    section 221 of the Flood Control Act of 1970 (42
    U.S.C. 1962d-5b), that requires the modernization
    activities to be carried out in accordance with--
    (I) <>  a plan approved
    by the Secretary; and
    (II) any other terms and conditions
    specified by the Secretary in the
    agreement.
    (ii) <>
    Requirements.--A written agreement under clause
    (i) shall provide that the non-Federal interest
    shall comply with the same legal and technical
    requirements that would apply if the modernization
    activities were carried out by the Secretary,
    including all mitigation required to offset
    environmental impacts of the activities, as
    determined by the Secretary.
    (B) Alignment with ongoing activities.--A written
    agreement under subparagraph (A) shall include
    provisions that, to the maximum extent practicable,
    align modernization activities under this section with
    ongoing operations and maintenance activities for the
    applicable authorized project.
    (C) Indemnification.--As part of a written agreement
    under subparagraph (A), the non-Federal interest shall
    agree to hold and save the United States free from
    liability for any and all damage that arises from the
    modernization activities carried out by the non-Federal
    interest pursuant to this section.
    (2) Activities carried out by secretary.--For modernization
    activities to be carried out by the Secretary pursuant to
    subsection (c)(1)(A), the non-Federal interest shall enter into
    a written agreement with the Secretary, containing such terms
    and conditions as the Secretary determines appropriate.

    (e) Reimbursement.--
    (1) Authorization.--Subject to the availability of
    appropriations, the Secretary may reimburse a non-Federal
    interest for the costs of modernization activities carried out
    by the non-Federal interest pursuant to an agreement entered
    into under subsection (d), or for funds provided to the
    Secretary under subsection (c)(1)(A), if--
    (A) the non-Federal interest complies with the
    agreement entered into under subsection (d); and
    (B) <>  with respect to
    modernization activities carried out by the non-Federal
    interest pursuant to the agreement, the Secretary
    determines that the non-Federal interest complied with
    all applicable Federal requirements in carrying out the
    modernization activities.
    (2) Limitation.--The Secretary may only reimburse a non-
    Federal interest under paragraph (1) for costs of construction
    that would otherwise be paid from amounts appropriated from the
    general fund of the Treasury pursuant to section 102 of the
    Water Resources Development Act of 1986 (33 U.S.C. 2212).

    (f) Rule of Construction.--Nothing in this section--

    [[Page 2665]]

    (1) affects the responsibility of the Secretary for the
    operations and maintenance of the inland waterway system, as of
    the day before the date of enactment of this Act, including the
    responsibility of the Secretary for the operations and
    maintenance costs for any covered project after the
    modernization activities are completed pursuant to this section;
    (2) prohibits or prevents the use of Federal funds for
    operations and maintenance of the inland waterway system or any
    authorized project within the inland waterway system; or
    (3) prohibits or prevents the use of Federal funds for
    construction or major rehabilitation activities within the
    inland waterway system or for any authorized project within the
    inland waterway system.

    (g) Notification.--If a non-Federal interest notifies the Secretary
    that the non-Federal interest intends to carry out modernization
    activities for an authorized project, or separable element thereof,
    pursuant to this section, the Secretary shall provide written notice to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives concerning the intent of the non-Federal interest.
    (h) Sunset.--
    (1) In general.--The authority of the Secretary to enter
    into an agreement under this section shall terminate on the date
    that is 5 years after the date of enactment of this Act.
    (2) Reimbursement eligibility.--The termination of authority
    under paragraph (1) shall not extinguish the eligibility of a
    non-Federal interest to seek reimbursement under subsection (e).
    SEC. 160. <>  DEFINITION OF ECONOMICALLY
    DISADVANTAGED COMMUNITY.

    (a) <>  In General.--Not later than 180 days after
    the date of enactment of this Act, the Secretary shall issue guidance
    defining the term ``economically disadvantaged community'' for the
    purposes of this Act and the amendments made by this Act.

    (b) Considerations.--In defining the term ``economically
    disadvantaged community'' under subsection (a), the Secretary shall, to
    the maximum extent practicable, utilize the criteria under paragraph (1)
    or (2) of section 301(a) of the Public Works and Economic Development
    Act of 1965 (42 U.S.C. 3161), to the extent that such criteria are
    applicable in relation to the development of water resources development
    projects.
    (c) <>  Public Comment.--In developing the guidance
    under subsection (a), the Secretary shall provide notice and an
    opportunity for public comment.
    SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
    FEDERAL INTERESTS.

    (a) In General.--Section 203 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2231) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1), by inserting ``, or, upon the
    written approval of the Secretary that the modifications
    are consistent with the authorized purposes of the
    project, undertake a feasibility study on modifications
    to a water resources development project constructed by
    the Corps

    [[Page 2666]]

    of Engineers,'' after ``water resources development
    project''; and
    (B) in paragraph (2), by striking ``for feasibility
    studies'' and all that follows through the period at the
    end and inserting ``for the formulation of feasibility
    studies of water resources development projects
    undertaken by non-Federal interests to--
    ``(A) <>  ensure that
    any feasibility study with respect to which the
    Secretary submits an assessment to Congress under
    subsection (c) complies with all of the requirements
    that would apply to a feasibility study undertaken by
    the Secretary; and
    ``(B) provide sufficient information for the
    formulation of the studies, including processes and
    procedures related to reviews and assistance under
    subsection (e).'';
    (2) in subsection (b)--
    (A) by striking ``The Secretary'' and inserting the
    following:
    ``(1) In general.--The Secretary''; and
    (B) by adding at the end the following:
    ``(2) <>  Timing.--The
    Secretary may not submit to Congress an assessment of a
    feasibility study under this section until such time as the
    Secretary--
    ``(A) <>  determines that the
    feasibility study complies with all of the requirements
    that would apply to a feasibility study undertaken by
    the Secretary; and
    ``(B) <>  completes all of
    the Federal analyses, reviews, and compliance processes
    under the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.), that would be required with
    respect to the proposed project if the Secretary had
    undertaken the feasibility study.
    ``(3) Initiation of review.--
    ``(A) Request.--
    ``(i) Submission.--The non-Federal interest
    may submit to the Secretary a request that the
    Secretary initiate the analyses, reviews, and
    compliance processes described in paragraph (2)(B)
    with respect to the proposed project prior to the
    non-Federal interest's submission of a feasibility
    study under subsection (a)(1).
    ``(ii) Effect.--Receipt by the Secretary of a
    request submitted under clause (i) shall be
    considered the receipt of a proposal or
    application that will lead to a major Federal
    action that is subject to the requirements of
    section 102(2)(C) of the National Environmental
    Policy Act of 1969 (42 U.S.C. 4332(2)(C)) that
    would be required if the Secretary were to
    undertake the feasibility study.
    ``(B) Deadline.--Not later than 10 days after the
    Secretary receives a request under this paragraph, the
    Secretary shall begin the required analyses, reviews,
    and compliance processes.
    ``(4) <>  Notification.--Upon receipt of a
    request under paragraph (3), the Secretary shall notify the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public
    Works

    [[Page 2667]]

    of the Senate of the request and a timeline for completion of
    the required analyses, reviews, and compliance processes.
    ``(5) <>  Status updates.--
    Not later than 30 days after receiving a request under paragraph
    (3), and every 30 days thereafter until the Secretary submits an
    assessment under subsection (c) for the applicable feasibility
    study, the Secretary shall notify the Committee on
    Transportation and Infrastructure of the House of
    Representatives, the Committee on Environment and Public Works
    of the Senate, and the non-Federal interest of the status of the
    Secretary's required analyses, reviews, and compliance
    processes.''; and
    (3) in subsection (c)(1), in the matter preceding
    subparagraph (A)--
    (A) by striking ``after the date of receipt of a
    feasibility study of a project under subsection (a)(1)''
    and insert ``after the completion of review of a
    feasibility study under subsection (b)''; and
    (B) by striking ``a report'' and inserting ``an
    assessment''.

    (b) <>  Deadline.--Not later
    than 90 days after the date of enactment of this Act, the Secretary
    shall issue revised guidelines under section 203 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2231) to implement the amendments
    made by this section.

    (c) <>  Hold Harmless.--
    (1) One-year window.--The amendments made by this section
    shall not apply to any feasibility study submitted to the
    Secretary under section 203 of the Water Resources Development
    Act of 1986 (33 U.S.C. 2231) during the one-year period prior to
    the date of enactment of this section.
    (2) 2020 projects.--The amendments made by this section
    shall not apply to any project authorized by section 403 of this
    Act.
    SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER
    SUPPLY.

    Section 1118(i) of the Water Resources Development Act of 2016 (43
    U.S.C. 390b-2(i)) is amended--
    (1) by striking ``The Secretary may'' and inserting the
    following:
    ``(1) Contributed funds for corps projects.--The Secretary
    may''; and
    (2) by adding at the end the following:
    ``(2) Contributed funds for other federal reservoir
    projects.--The Secretary is authorized to receive and expend
    funds from a non-Federal interest to formulate, review, or
    revise operational documents, pursuant to a proposal submitted
    in accordance subsection (a), for any reservoir for which the
    Secretary is authorized to prescribe regulations for the use of
    storage allocated for flood control or navigation pursuant to
    section 7 of the Act of December 22, 1944 (33 U.S.C. 709).''.
    SEC. 163. <>  SENSE OF CONGRESS ON REMOVAL
    OF UNAUTHORIZED, MANMADE, FLAMMABLE
    MATERIALS ON CORPS PROPERTY.

    It is the sense of Congress that the Secretary should, using
    existing authorities, prioritize the removal, from facilities and lands
    of the Corps of Engineers in regions that are urban and arid, of
    materials that are manmade, flammable, unauthorized to be

    [[Page 2668]]

    present, and determined by the Secretary to pose a fire risk that is a
    threat to public safety.
    SEC. 164. ENHANCED DEVELOPMENT PROGRAM.

    (a) <>  In General.--The Secretary shall review the
    master plan and shoreline management plan for any lake described in
    section 3134 of the Water Resources Development Act of 2007 (121 Stat.
    1142; 130 Stat. 1671) for the purpose of identifying structures or other
    improvements that are owned by the Secretary and are suitable for
    enhanced development, if--
    (1) the master plan and shoreline management plan of the
    lake have been updated since January 1, 2013; and
    (2) the applicable district office of the Corps of Engineers
    has received a written request for such a review from any
    entity.

    (b) Definition of Enhanced Development.--In this section, the term
    ``enhanced development'' means the use, for non-water-dependent
    commercial or hospitality industry purposes or for residential or
    recreational purposes, of an existing structure or other improvement.
    (c) <>  Divestment Authority.--Not later than 1
    year after the date of enactment of this Act, the Secretary shall--
    (1) <>  submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of
    Representatives a report that identifies--
    (A) any structure or other improvement owned by the
    Secretary that--
    (i) has been identified as suitable for
    enhanced development pursuant to subsection (a);
    (ii) the Secretary determines the divestment
    of which would not adversely affect the Corps of
    Engineers operation of the lake at which the
    structure or other improvement is located; and
    (iii) a non-Federal interest has offered to
    purchase from the Secretary; and
    (B) the fair market value of any structure or other
    improvement identified under subparagraph (A); and
    (2) <>  develop a plan to divest any structure
    or other improvement identified under paragraph (1)(A), at fair
    market value, to the applicable non-Federal interest.
    SEC. 165. <>  CONTINUING AUTHORITY
    PROGRAMS.

    (a) Pilot Program for Continuing Authority Projects in Small or
    Disadvantaged Communities.--
    (1) <>  In general.--Not later than 180
    days after the date of enactment of this Act, the Secretary
    shall implement a pilot program, in accordance with this
    subsection, for carrying out a project under a continuing
    authority program for an economically disadvantaged community.
    (2) Participation in pilot program.--In carrying out
    paragraph (1), the Secretary shall--
    (A) <>  publish a notice in the
    Federal Register that requests non-Federal interest
    proposals for a project under a continuing authority
    program for an economically disadvantaged community; and

    [[Page 2669]]

    (B) <>  review such proposals and
    select a total of 10 projects, taking into consideration
    geographic diversity among the selected projects.
    (3) Cost share.--Notwithstanding the cost share authorized
    for the applicable continuing authority program, the Federal
    share of the cost of a project selected under paragraph (2)
    shall be 100 percent.
    (4) Sunset.--The authority to commence pursuant to this
    subsection a project selected under paragraph (2) shall
    terminate on the date that is 10 years after the date of
    enactment of this Act.
    (5) Continuing authority program defined.--In this
    subsection, the term ``continuing authority program'' has the
    meaning given that term in section 7001(c)(1)(D) of Water
    Resources Reform and Development Act of 2014 (33 U.S.C. 2282d).

    (b) Authorizations of Appropriations.--
    (1) Emergency streambank and shoreline protection.--
    Notwithstanding section 14 of the Flood Control Act of 1946 (33
    U.S.C. 701r), there is authorized to be appropriated to carry
    out such section $25,500,000 for each of fiscal years 2021
    through 2024.
    (2) Storm and hurricane restoration and impact minimization
    program.--Notwithstanding section 3(c) of the Act of August 13,
    1946 (33 U.S.C. 426g(c)), there is authorized to be appropriated
    to carry out such section $38,000,000 for each of fiscal years
    2021 through 2024.
    (3) Small river and harbor improvement projects.--
    Notwithstanding section 107(a) of the River and Harbor Act of
    1960 (33 U.S.C. 577(a)), there is authorized to be appropriated
    to carry out such section $63,000,000 for each of fiscal years
    2021 through 2024.
    (4) Regional sediment management.--Notwithstanding section
    204(g) of the Water Resources Development Act of 1992 (33 U.S.C.
    2326(g)), there is authorized to be appropriated to carry out
    such section $63,000,000 for each of fiscal years 2021 through
    2024.
    (5) Small flood control projects.--Notwithstanding section
    205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there is
    authorized to be appropriated to carry out such section
    $69,250,000 for each of fiscal years 2021 through 2024.
    (6) Aquatic ecosystem restoration.--Notwithstanding section
    206(f) of the Water Resources Development Act of 1996 (33 U.S.C.
    2330(f)), there is authorized to be appropriated to carry out
    such section $63,000,000 for each of fiscal years 2021 through
    2024.
    (7) Removal of obstructions; clearing channels.--
    Notwithstanding section 2 of the Act of August 28, 1937 (33
    U.S.C. 701g), there is authorized to be appropriated to carry
    out such section $8,000,000 for each of fiscal years 2021
    through 2024.
    (8) Project modifications for improvement of environment.--
    Notwithstanding section 1135(h) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2309a(h)), there is
    authorized to be appropriated to carry out such section
    $50,500,000 for each of fiscal years 2021 through 2024.

    [[Page 2670]]

    TITLE II--STUDIES AND REPORTS

    SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

    (a) In General.--The Secretary is authorized to conduct a
    feasibility study for the following projects for water resources
    development and conservation and other purposes, as identified in the
    reports titled ``Report to Congress on Future Water Resources
    Development'' submitted to Congress pursuant to section 7001 of the
    Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress:
    (1) Sulphur river, arkansas and texas.--Project for
    ecosystem restoration, Sulphur River, Arkansas and Texas.
    (2) Cable creek, california.--Project for flood risk
    management, water supply, and related benefits, Cable Creek,
    California.
    (3) Oroville dam, california.--Project for dam safety
    improvements, Oroville Dam, California.
    (4) Rio hondo channel, california.--Project for ecosystem
    restoration, Rio Hondo Channel, San Gabriel River, California.
    (5) Shingle creek and kissimmee river, florida.--Project for
    ecosystem restoration and water storage, Shingle Creek and
    Kissimmee River, Osceola County, Florida.
    (6) St. john's river and lake jesup, florida.--Project for
    ecosystem restoration, St. John's River and Lake Jesup, Florida.
    (7) Chicago area waterways system, illinois.--Project for
    ecosystem restoration, recreation, and other purposes, Illinois
    River, Chicago River, Calumet River, Grand Calumet River, Little
    Calumet River, and other waterways in the vicinity of Chicago,
    Illinois.
    (8) Fox river, illinois.--Project for flood risk management,
    Fox River, Illinois.
    (9) Lower missouri river, kansas.--Project for bank
    stabilization and navigation, Lower Missouri River, Sioux City,
    Kansas.
    (10) Tangipahoa parish, louisiana.--Project for flood risk
    management, Tangipahoa Parish, Louisiana.
    (11) Newbury and newburyport, massachusetts.--Project for
    coastal storm risk management, Newbury and Newburyport,
    Massachusetts.
    (12) Escatawpa river basin, mississippi.--Project for flood
    risk management and ecosystem restoration, Escatawpa River,
    Jackson County, Mississippi.
    (13) Long beach, bay st. louis and mississippi sound,
    mississippi.--Project for hurricane and storm damage risk
    reduction and flood risk management, Long Beach, Bay St. Louis
    and Mississippi Sound, Mississippi.
    (14) Tallahoma and tallahala creeks, mississippi.--Project
    for flood risk management, Leaf River, Jones County,
    Mississippi.
    (15) Lower missouri river, missouri.--Project for
    navigation, Lower Missouri River, Missouri.
    (16) Lower osage river basin, missouri.--Project for
    ecosystem restoration, Lower Osage River Basin, Missouri.

    [[Page 2671]]

    (17) Wyatt, missouri.--Project for flood risk management, P.
    Fields Pump Station, Wyatt, Missouri.
    (18) Upper basin and stony brook (green brook sub-basin),
    raritan river basin, new jersey.--Reevaluation of the Upper
    Basin and Stony Brook portions of the project for flood control,
    Green Brook Sub-basin, Raritan River Basin, New Jersey,
    authorized by section 401 of the Water Resources Development Act
    of 1986 (100 Stat. 4119), including the evaluation of
    nonstructural measures to achieve the project purpose.
    (19) Wading river creek, new york.--Project for hurricane
    and storm damage risk reduction, flood risk management,
    navigation, and ecosystem restoration, Wading River Creek, New
    York.
    (20) Lower columbia river basin (turning basin), oregon and
    washington.--Project to improve and add turning basins for the
    project for navigation, Columbia River Channel, Oregon and
    Washington, authorized by section 101(b)(13) of the Water
    Resources Development Act of 1999 (113 Stat. 280).
    (21) Williamsport, pennsylvania.--Project for flood risk
    management and levee rehabilitation, greater Williamsport,
    Pennsylvania.
    (22) City of charleston, south carolina.--Project for tidal-
    and inland-related flood risk management, Charleston, South
    Carolina.
    (23) Chocolate bayou, texas.--Project for flood risk
    management, Chocolate Bayou, Texas.
    (24) Houston-galveston, texas.--Project for navigation,
    Houston-Galveston, Texas.
    (25) Port arthur and orange county, texas.--Project for
    flood risk management, Port Arthur and Orange County, Texas,
    including construction of improvements to interior drainage.
    (26) Port of victoria, texas.--Project for flood risk
    management, Port of Victoria, Texas.
    (27) Virginia beach and vicinity, virginia and north
    carolina.--Project for coastal storm risk management, Virginia
    Beach and vicinity, Virginia and North Carolina.

    (b) <>  Special Rule.--The Secretary shall consider
    any study carried out by the Secretary to formulate the project for
    flood risk management, Port Arthur and Orange County, Texas, identified
    in subsection (a)(25) to be a continuation of the study carried out for
    Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the
    Committee on Environment and Public Works of the Senate, approved June
    23, 2004, and funded by title IV of division B of the Bipartisan Budget
    Act of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT
    OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).
    SEC. 202. EXPEDITED COMPLETIONS.

    (a) <>  Feasibility Reports.--
    The Secretary shall expedite the completion of a feasibility study for
    each of the following projects, and if the Secretary determines that the
    project is justified in a completed report, may proceed directly to
    preconstruction planning, engineering, and design of the project:
    (1) Project for navigation, Florence, Alabama.

    [[Page 2672]]

    (2) Project to modify the project for navigation, Tennessee-
    Tombigbee Waterway, Alabama, Kentucky, Mississippi, and
    Tennessee.
    (3) <>  Project for shoreline
    stabilization, Aunu`u Harbor, American Samoa.
    (4) <>  Project for shoreline
    stabilization, Tutuila Island, American Samoa.
    (5) Project for flood risk management, Lower Santa Cruz
    River, Arizona.
    (6) Project for flood risk management, Rio de Flag, Arizona.
    (7) Project for flood risk management, Tonto Creek, Gila
    River, Arizona.
    (8) Project for flood control, water conservation, and
    related purposes, Coyote Valley Dam, California.
    (9) Project for shoreline stabilization, Del Mar Bluffs, San
    Diego County, California, carried out pursuant to the resolution
    of the Committee on Transportation and Infrastructure of the
    House of Representatives adopted on April 22, 1999 (docket
    number 2598).
    (10) Project for flood damage reduction and ecosystem
    restoration, Del Rosa Channel, city of San Bernardino,
    California.
    (11) Project for flood risk management, Lower Cache Creek,
    California.
    (12) Project for flood damage reduction and ecosystem
    restoration, Mission-Zanja Channel, cities of San Bernardino and
    Redlands, California.
    (13) Project for flood risk management, Napa, California.
    (14) Project for shoreline protection, Oceanside,
    California, authorized pursuant to section 414 of the Water
    Resources Development Act of 2000 (114 Stat. 2636; 121 Stat.
    1176).
    (15) Project for ecosystem restoration and water
    conservation, Prado Basin, Orange, Riverside, and San Bernardino
    counties, California.
    (16) Project for water conservation and water supply,
    Redbank and Fancher Creeks, California.
    (17) Project for coastal storm damage reduction, San Diego
    County shoreline, California.
    (18) Project to modify the project for navigation, San
    Francisco Bay to Stockton, California.
    (19) Project for flood risk management, San Francisquito
    Creek, California.
    (20) Project to modify the Seven Oaks Dam, California,
    portion of the project for flood control, Santa Ana River
    Mainstem, California, authorized by section 401(a) of the Water
    Resources Development Act of 1986 (100 Stat. 4113; 101 Stat.
    1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to
    include water conservation as an authorized purpose.
    (21) Project for coastal storm damage reduction, Southern
    California.
    (22) Project for water storage, Halligan Dam, Colorado.
    (23) Project for flood risk management, East Hartford Levee
    System, Connecticut.
    (24) Project for flood risk management, Fairfield and New
    Haven Counties, Connecticut.
    (25) Project for navigation, Guilford Harbor and Sluice
    Channel, Connecticut.

    [[Page 2673]]

    (26) Project for flood risk management, Hartford Levee
    System, Connecticut.
    (27) Project for ecosystem restoration, Central and Southern
    Florida Project Canal 111 (C-111), South Dade County, Florida.
    (28) Project for ecosystem restoration, Lake Okeechobee,
    Florida.
    (29) Project for ecosystem restoration, Western Everglades,
    Florida.
    (30) Project for flood risk management, Hanapepe River,
    Kauai, Hawaii.
    (31) Project for flood risk management, Wailupe Stream,
    Oahu, Hawaii.
    (32) Project for flood risk management, Waimea River, Kauai,
    Hawaii, being carried out under section 205 of the Flood Control
    Act of 1948 (33 U.S.C. 701s).
    (33) Project for comprehensive hurricane and storm damage
    risk reduction and shoreline erosion protection, Chicago,
    Illinois, authorized by section 101(a)(12) of the Water
    Resources Development Act of 1996 (110 Stat. 3664; 113 Stat.
    302).
    (34) Project for flood risk management, Wheaton, DuPage
    County, Illinois.
    (35) Project for flood damage reduction, ecosystem
    restoration, and recreation, Blue River Basin, Kansas City,
    Kansas, carried out pursuant to the resolution of the Committee
    on Transportation and Infrastructure of the House of
    Representatives adopted on September 24, 2008 (docket number
    2803).
    (36) Project for flood control, Amite River and Tributaries
    east of the Mississippi River, Louisiana.
    (37) Project for coastal storm risk management, Upper
    Barataria Basin, Louisiana.
    (38) Project for navigation, Kent Narrows and Chester River,
    Queen Anne's County, Maryland.
    (39) Project to replace the Bourne and Sagamore Bridges,
    Cape Cod, Massachusetts.
    (40) Project for flood risk management, ecosystem
    restoration, and recreation, Lower St. Croix River, Minnesota,
    carried out pursuant to the resolution of the Committee on
    Transportation and Infrastructure of the House of
    Representatives adopted on September 25, 2002 (docket number
    2705).
    (41) Project to deepen the project for navigation, Gulfport
    Harbor, Mississippi, authorized by section 202(a) of the Water
    Resources Development Act of 1986 (100 Stat. 4094).
    (42) Project for navigation, Shark River, New Jersey.
    (43) Project for navigation, Goldsmith Inlet, New York.
    (44) Project for navigation, Lake Montauk Harbor, New York.
    (45) Project for rehabilitation of Lock E-32, Erie Canal,
    Pittsford, New York.
    (46) Project for navigation and shoreline stabilization,
    Reel Point Preserve, New York, carried out pursuant to the
    resolution of the Committee on Transportation and Infrastructure
    of the House of Representatives adopted on May 2, 2007 (docket
    number 2775).
    (47) Project for flood risk management, Rondout Creek-
    Wallkill River Watershed, New York, carried out pursuant to

    [[Page 2674]]

    the resolution of the Committee on Transportation and
    Infrastructure of the House of Representatives adopted on May 2,
    2007 (docket number 2776).
    (48) Project for ecosystem restoration and hurricane and
    storm damage risk reduction, Spring Creek South (Howard Beach),
    Queens, New York.
    (49) Project for ecosystem restoration, Hood River at the
    confluence with the Columbia River, Oregon.
    (50) Project to resolve increased silting and shoaling
    adjacent to the Federal channel, Port of Bandon, Coquille River,
    Oregon.
    (51) Project for flood control, 42nd Street Levee,
    Springfield, Oregon, being carried out under section 205 of the
    Flood Control Act of 1948 (33 U.S.C. 701s).
    (52) Project for construction of Tribal housing authorized
    by title IV of Public Law 100-581 (102 Stat. 2944), Oregon and
    Washington.
    (53) Project for flood risk management, Dorchester County,
    South Carolina.
    (54) Project for navigation, Georgetown Harbor, South
    Carolina.
    (55) Project for hurricane and storm damage risk reduction,
    Myrtle Beach, South Carolina.
    (56) Project to modify the projects for navigation and other
    purposes, Old Hickory Lock and Dam and the Cordell Hull Dam and
    Reservoir, Cumberland River, Tennessee, authorized by the Act of
    July 24, 1946 (chapter 595, 60 Stat. 636), to add flood risk
    management as an authorized purpose.
    (57) Project for flood risk management, Buffalo Bayou,
    Texas.
    (58) Project for flood risk management, ecosystem
    restoration, water supply, and related purposes, Lower Rio
    Grande River, Cameron County, Texas, carried out pursuant to the
    resolution of the Committee on Transportation and Infrastructure
    of the House of Representatives adopted on May 21, 2003 (docket
    number 2710).
    (59) <>  Project for hurricane
    and storm damage risk reduction and shoreline erosion
    protection, Bolongo Bay, St. Thomas, United States Virgin
    Islands.
    (60) Project for water supply and ecosystem restoration,
    Howard Hanson Dam, Washington.
    (61) Project for ecosystem restoration, Puget Sound,
    Washington.
    (62) Project for navigation, Seattle Harbor, Washington.
    (63) Project for navigation, Tacoma Harbor, Washington.
    (64) Project for dam safety remediation, Bluestone Dam, West
    Virginia.
    (65) Project to modify the project for navigation, Milwaukee
    Harbor, Wisconsin.

    (b) <>  Post-authorization Change Reports.--
    The Secretary shall expedite completion of a post-authorization change
    report for the following projects:
    (1) Project for ecosystem restoration, Tres Rios, Arizona.
    (2) Project for flood risk management, Des Moines Levee
    System, including Birdland Park Levee, Des Moines and Raccoon
    Rivers, Des Moines, Iowa.

    [[Page 2675]]

    (c) <>  Watershed and River Basin
    Assessments.--The Secretary shall expedite the completion of an
    assessment under section 729 of the Water Resources Development Act of
    1986 (33 U.S.C. 2267a) for the following:
    (1) Kansas River Basin, Kansas.
    (2) Merrimack River Basin, Massachusetts.
    (3) Pascagoula River Basin, Mississippi.
    (4) Tuscarawas River Basin, Ohio.
    (5) Lower Fox River Basin, Wisconsin.
    (6) Upper Fox River Basin and Wolf River Basin, Wisconsin.

    (d) <>  Disposition Studies.--The Secretary shall
    expedite the completion of a disposition study, carried out under
    section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a), for the
    project for Salinas Reservoir (Santa Margarita Lake), California.

    (e) <>  Reallocation Studies.--The Secretary shall
    expedite the completion of a study for the reallocation of water supply
    storage, carried out in accordance with section 301 of the Water Supply
    Act of 1958 (43 U.S.C. 390b), for the following:
    (1) Aquilla Lake, Texas.
    (2) Lake Whitney, Texas.

    (f) Economic Reevaluation Report.--The Secretary shall expedite the
    completion of the economic reevaluation report for the navigation and
    sustainability program carried out pursuant to title VIII of the Water
    Resources Development Act of 2007 (33 U.S.C. 652 note).
    SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.

    (a) <>  In General.--The Secretary shall
    expedite the completion of the following feasibility studies, as
    modified by this section, and if the Secretary determines that a project
    that is the subject of the feasibility study is justified in a completed
    report, may proceed directly to preconstruction planning, engineering,
    and design of the project:
    (1) <>  San francisco bay,
    california.--The study for flood risk reduction authorized by
    section 142 of the Water Resources Development Act of 1976 (90
    Stat. 2930), is modified to authorize the Secretary to--
    (A) investigate the ocean shoreline of San Mateo,
    San Francisco, and Marin Counties for the purposes of
    providing flood protection against tidal and fluvial
    flooding;
    (B) with respect to the bay and ocean shorelines of
    San Mateo, San Francisco, and Marin Counties,
    investigate measures to adapt to rising sea levels; and
    (C) with respect to the bay and ocean shorelines,
    and streams running to the bay and ocean shorelines, of
    San Mateo, San Francisco, and Marin Counties,
    investigate the effects of proposed flood protection and
    other measures or improvements on--
    (i) the local economy;
    (ii) habitat restoration, enhancement, or
    expansion efforts or opportunities;
    (iii) public infrastructure protection and
    improvement;
    (iv) stormwater runoff capacity and control
    measures, including those that may mitigate
    flooding;
    (v) erosion of beaches and coasts; and

    [[Page 2676]]

    (vi) any other measures or improvements
    relevant to adapting to rising sea levels.
    (2) Sacramento river, southern sutter county, california.--
    The study for flood control and allied purposes for the
    Sacramento River Basin, authorized by section 209 of the Flood
    Control Act of 1962 (76 Stat. 1197), is modified to authorize
    the Secretary to conduct a study for flood risk management,
    southern Sutter County between the Sacramento River and Sutter
    Bypass, California.
    (3) Salton sea, california.--In carrying out the program to
    implement projects to restore the Salton Sea, California,
    authorized by section 3032 of the Water Resources Development
    Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is
    authorized to carry out a study for the construction of a
    perimeter lake, or a northern or southern subset thereof, for
    the Salton Sea, California.
    (4) New york and new jersey harbor and tributaries, new york
    and new jersey.--The study for flood and storm damage reduction
    for the New York and New Jersey Harbor and Tributaries project,
    authorized by the Act of June 15, 1955 (chapter 140, 69 Stat.
    132), and being carried out pursuant to the Disaster Relief
    Appropriations Act, 2013 (Public Law 113-2), is modified to
    require the Secretary to--
    (A) <>  evaluate and address the
    impacts of low-frequency precipitation and sea-level
    rise on the study area;
    (B) <>  consult with affected
    communities; and
    (C) ensure the study is carried out in accordance
    with section 1001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282c).

    (b) Considerations.--Where appropriate, the Secretary may use the
    authority provided by section 216 of the Flood Control Act of 1970 (33
    U.S.C. 549a) to carry out this section.
    SEC. 204. <>  ASSISTANCE TO NON-FEDERAL
    SPONSORS; FEASIBILITY ANALYSIS.

    (a) Assistance to Non-Federal Sponsors.--
    (1) In general.--Subject to the availability of
    appropriations, during the period during which a non-Federal
    interest may submit a proposal to be considered for inclusion in
    an annual report pursuant to section 7001(b) of the Water
    Resources Reform and Development Act of 2014 (33 U.S.C.
    2282d(b)), the Secretary is authorized to provide assistance in
    accordance with section 1104(b) of the Water Resources
    Development Act of 2018 (33 U.S.C. 2282d note) to the non-
    Federal interest of a project proposal described in paragraph
    (2).
    (2) Project proposals described.--A project proposal
    referred to in paragraph (1) is a proposal for any of the
    following:
    (A) A feasibility study for a fish passage for
    ecosystem restoration, Lower Alabama River, Alabama.
    (B) A feasibility study for dredged material
    disposal management activities, Port of Florence,
    Alabama.
    (C) A feasibility study for a project for flood risk
    management, Sikorsky Memorial Airport, Bridgeport,
    Connecticut.

    [[Page 2677]]

    (D) A feasibility study for a project to design and
    construct the Naugatuck River Greenway Trail, a multiuse
    trail on Federal land between Torrington and Derby,
    Connecticut.
    (E) A feasibility study for a project for coastal
    and flood risk management, Stratford, Connecticut.
    (F) A feasibility study for projects for flood risk
    management, Woodbridge, Connecticut.
    (G) The project for flood risk management,
    Bloomington, Indiana.
    (H) The project for flood risk management, Gary,
    Indiana.
    (I) Modification of the project for beach erosion
    and hurricane protection, Grand Isle, Louisiana, to
    include periodic beach nourishment.
    (J) A feasibility study for a project for flood risk
    management, Cataouatche Subbasin area of the west bank
    of Jefferson Parish, Louisiana.
    (K) A feasibility study for projects for flood risk
    management and storm damage reduction in the Hoey's
    Basin area of the east bank of Jefferson Parish,
    Louisiana, including a study of the ``pump to the
    river'' concept.
    (L) A feasibility study for a project for flood risk
    management, Hoosic River, Massachusetts.
    (M) Modification of the project for navigation,
    River Rouge, Michigan.
    (N) A project to extend dredging of the South Haven
    Harbor, Michigan, to include the former turning basin.
    (O) Modification of the project for flood risk
    management, Upper Rouge River, Wayne County, Michigan.
    (P) A project for aquatic and riparian ecosystem
    restoration, Line Creek, Riverside, Missouri.
    (Q) A feasibility study for projects for ecosystem
    restoration, Bangert Island, St. Charles, Missouri,
    related to channels and aquatic habitats.
    (R) <>  A
    study of the resiliency of the Allegheny Reservoir, New
    York, in consultation with the Seneca Nation.
    (S) A feasibility study for the rehabilitation of
    the tainter gates and guard gate, Caughdenoy Dam, New
    York, including an evaluation of the rehabilitation work
    necessary to extend the service life of those
    structures, such as--
    (i) improvements to the hydraulic efficiency
    of the gate systems;
    (ii) improvements to the concrete foundation
    and gate support structures; and
    (iii) any other improvements the Secretary
    determines to be necessary.
    (T) A project for repairs to the West Pier and West
    Barrier Bar, Little Sodus Bay Harbor, Cayuga County, New
    York.
    (U) A project for repair of a sheet pile wall and
    east breakwater, Great Sodus Bay, New York.
    (V) A feasibility study for the project for
    navigation, Port of Oswego, New York.
    (W) A feasibility study for potential projects for
    the rehabilitation of the Glens Falls Feeder Canal,
    which

    [[Page 2678]]

    begins at the Feeder Dam intersection with the Hudson
    River in Queensbury, New York, and runs to the
    confluence of the Old Champlain Canal in Kingsbury, New
    York.
    (X) A feasibility study to determine whether the
    purchase of additional flood easements, changes in lake
    level management, additional levee infrastructure, or
    implementation of other flood risk management or
    containment mechanisms in the Arkansas River Basin,
    Oklahoma, would benefit local communities by reducing
    flood risks around water resources development projects
    of the Corps of Engineers in a range of different flood
    scenarios.
    (Y) A feasibility study on increasing the frequency
    and depth of dredging assistance from the Corps of
    Engineers at the Port of Astoria, located at the mouth
    of the Columbia River, Oregon.

    (b) Feasibility Analysis.--
    (1) <>  In general.--Subject to the
    availability of appropriations, the Secretary is authorized to
    review a project proposal described in paragraph (2) and issue a
    report to the Committee on Environment and Public Works of the
    Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives on whether a modification to the
    project that is the subject of the proposal is necessary and
    recommended to carry out the authorized purposes of such
    project.
    (2) <>  Project proposals described.--
    A project proposal referred to in paragraph (1) is a proposal to
    modify any of the following:
    (A) The project for environmental infrastructure,
    City of Sheffield, Alabama, authorized pursuant to
    section 219(f)(78) of the Water Resources Development
    Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
    1258; 130 Stat. 1687).
    (B) The project for environmental infrastructure,
    Calaveras County, California, under section 219(f)(86)
    of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 121 Stat. 1259).
    (C) The project for environmental infrastructure,
    Charlotte County, Florida, authorized by section
    219(f)(121) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1261).
    (D) The Mississippi River and Tributaries project
    authorized by the first section of the Act of May 15,
    1928 (33 U.S.C. 702a), to include the portion of the
    Ouachita River Levee System at and below Monroe,
    Louisiana, to Caldwell Parish, Louisiana.
    (E) The project for environmental infrastructure,
    Central New Mexico, authorized by section 593 of the
    Water Resources Development Act of 1999 (113 Stat. 380;
    119 Stat. 2255).
    (F) The project for environmental infrastructure,
    Village of Whitehall, New York, authorized pursuant to
    section 542 of the Water Resources Development Act of
    2000 (114 Stat. 2671; 121 Stat. 1150).
    (G) The project for environmental infrastructure,
    Ohio and North Dakota, authorized by section 594 of the
    Water Resources Development Act of 1999 (113 Stat. 383;
    121 Stat. 1140; 121 Stat. 1944).

    [[Page 2679]]

    (H) The project for flood risk management and water
    supply, Tenkiller Ferry Lake, Arkansas River Basin,
    Oklahoma, authorized by section 4 of the Act of June 28,
    1938 (chapter 795, 52 Stat. 1218), to modify water
    storage to provide for a sufficient quantity of water
    supply storage space in the inactive pool storage to
    support the fishery downstream from Tenkiller Reservoir.
    (I) The project for environmental infrastructure,
    Athens, Tennessee, authorized by section 219(f)(254) of
    the Water Resources Development Act of 1992 (106 Stat.
    4835; 113 Stat. 335; 121 Stat. 1267).
    (J) The project for environmental infrastructure,
    Blaine, Tennessee, authorized by section 219(f)(255) of
    the Water Resources Development Act of 1992 (106 Stat.
    4835; 113 Stat. 335; 121 Stat. 1267).
    (K) The project for environmental infrastructure,
    Claiborne County, Tennessee, authorized by section
    219(f)(256) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (L) The project for environmental infrastructure,
    Giles County, Tennessee, authorized by section
    219(f)(257) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (M) The project for environmental infrastructure,
    Grainger County, Tennessee, authorized by section
    219(f)(258) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (N) The project for environmental infrastructure,
    Hamilton County, Tennessee, authorized by section
    219(f)(259) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (O) The project for environmental infrastructure,
    Harrogate, Tennessee, authorized by section 219(f)(260)
    of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (P) The project for environmental infrastructure,
    Johnson County, Tennessee, authorized by section
    219(f)(261) of the Water Resources Development Act of
    1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (Q) The project for environmental infrastructure,
    Knoxville, Tennessee, authorized by section 219(f)(262)
    of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (R) The project for environmental infrastructure,
    Lewis, Lawrence, and Wayne Counties, Tennessee,
    authorized by section 219(f)(264) of the Water Resources
    Development Act of 1992 (106 Stat. 4835; 113 Stat. 335;
    121 Stat. 1268).
    (S) The project for environmental infrastructure,
    Nashville, Tennessee, authorized by section 219(f)(263)
    of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 121 Stat. 1267).
    (T) The project for environmental infrastructure,
    Oak Ridge, Tennessee, authorized by section 219(f)(265)
    of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 121 Stat. 1268).

    [[Page 2680]]

    (U) The project for environmental infrastructure,
    Plateau Utility District, Morgan County, Tennessee,
    authorized by section 219(f)(266) of the Water Resources
    Development Act of 1992 (106 Stat. 4835; 113 Stat. 335;
    121 Stat. 1268).
    (V) The authorized funding level for critical
    restoration projects, Lake Champlain watershed, Vermont
    and New York, authorized by section 542 of the Water
    Resources Development Act of 2000 (114 Stat. 2671; 121
    Stat. 1150).
    (W) The project for environmental infrastructure,
    Eastern Shore and Southwest Virginia, authorized by
    section 219(f)(10) of the Water Resources Development
    Act of 1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat.
    1255).
    SEC. 205. SELMA, ALABAMA.

    Not later than 180 days after the date of enactment of this Act, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report that--
    (1) <>  provides an update on the study for
    flood risk management and riverbank stabilization, Selma,
    Alabama, authorized by resolutions of the Committees on Public
    Works and Rivers and Harbors of the House of Representatives on
    June 7, 1961, and April 28, 1936, respectively, the completion
    of which the Secretary was required to expedite by section 1203
    of the Water Resources Development Act of 2018 (132 Stat. 3803);
    and
    (2) identifies project alternatives necessary to--
    (A) assure the preservation of cultural and historic
    values associated with national historic landmarks
    within the study area; and
    (B) provide flood risk management for economically
    disadvantaged communities within the study area.
    SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN APPALACHIA.

    (a) In General.--Not later than 180 days after the date of enactment
    of this Act, the Secretary, in collaboration with the Appalachian
    Regional Commission established by section 14301(a) of title 40, United
    States Code, shall submit to the Committee on Environment and Public
    Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report that identifies
    each Corps of Engineers facility that--
    (1) is located within a distressed county or an at-risk
    county (as designated by the Appalachian Regional Commission
    pursuant to subparagraph (A) or (B) of section 14526(a)(1), of
    title 40, United States Code), including in counties that are
    experiencing high unemployment or job loss; and
    (2) could be improved for purposes of economic development,
    recreation, or other uses.

    (b) Hydropower Facilities.--
    (1) Identification of potential hydropower development.--The
    Secretary shall include in the report submitted under subsection
    (a) the identification of any existing nonpowered dams, located
    within a distressed county or an at-risk county, with the
    potential to be used to test, evaluate, pilot, demonstrate, or
    deploy hydropower or energy storage technologies.

    [[Page 2681]]

    (2) Information.--In carrying out this subsection, the
    Secretary may use any information developed pursuant to section
    1206 of the Water Resources Development Act of 2018 (132 Stat.
    3806).
    (3) Coordination.--In carrying out paragraph (1), the
    Secretary shall coordinate with any relevant National
    Laboratories.
    SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST
    COMPREHENSIVE STUDY.

    (a) <>  In General.--The Secretary shall carry
    out a study to determine the feasibility of a project for hurricane and
    storm damage risk reduction for any major metropolitan area located in
    the study area for the comprehensive study authorized under the heading
    ``Department of the Army--Corps of Engineers--Civil--Investigations''
    under the Disaster Relief Appropriations Act, 2013 (Public Law 113-2)
    that was not included in a high-risk focus area identified in the study.

    (b) Treatment.--A study carried out under subsection (a) shall be
    considered to be a continuation of the comprehensive study described in
    that subsection.
    SEC. 208. SOUTH ATLANTIC COASTAL STUDY.

    Section 1204 of the Water Resources Development Act of 2016 (130
    Stat. 1685) is amended by adding at the end the following:
    ``(d) <>  Annual Reports.--Not later than 180 days
    after the enactment of the Water Resources Development Act of 2020, and
    not less frequently than annually thereafter until 2025, the Secretary
    shall submit to the Committee on Environment and Public Works of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives a report on the status of the study under
    subsection (a), on a State-by-State basis, including information on the
    engagement of the Corps of Engineers with non-Federal interests,
    including detailed lists of all meetings and decision outcomes
    associated with those engagements.''.
    SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO
    BYPASS, CALIFORNIA.

    (a) Comprehensive Study.--The Secretary shall conduct a
    comprehensive study of the Sacramento River in the vicinity of the Yolo
    Bypass System, California, to identify actions to be undertaken by the
    Secretary for the comprehensive management of the Yolo Bypass System for
    the purposes of flood risk management, ecosystem restoration, water
    supply, hydropower, and recreation.
    (b) Consultation and Use of Existing Data.--
    (1) Consultation.--In conducting the comprehensive study
    under subsection (a), the Secretary shall consult with the
    Governor of the State of California, applicable Federal, State,
    and local agencies, non-Federal interests, the Yolo Bypass and
    Cache Slough Partnership, and other stakeholders.
    (2) Use of existing data and prior studies.--To the maximum
    extent practicable and where appropriate, the Secretary may--
    (A) make use of existing data provided to the
    Secretary by the entities identified in paragraph (1);
    and
    (B) incorporate--
    (i) relevant information from prior studies
    and projects carried out by the Secretary within
    the study area; and

    [[Page 2682]]

    (ii) the latest technical data and scientific
    approaches to changing hydrologic and climatic
    conditions.

    (c) Recommendations.--
    (1) In general.--In conducting the comprehensive study under
    subsection (a), the Secretary may develop a recommendation to
    Congress for--
    (A) the construction of a water resources
    development project;
    (B) the structural or operational modification of an
    existing water resources development project;
    (C) additional monitoring of, or adaptive management
    measures to carry out with respect to, existing water
    resources development projects, to respond to changing
    hydrologic and climatic conditions; or
    (D) geographic areas within the Yolo Bypass System
    for additional study by the Secretary.
    (2) Additional considerations.--Any feasibility study
    carried out pursuant to a recommendation under paragraph (1)(D)
    shall be considered to be a continuation of the comprehensive
    study authorized under subsection (a).

    (d) Completion of Study; Report to Congress.--Not later than 3 years
    after the date of enactment of this section, the Secretary shall submit
    to the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of the
    Senate a report detailing--
    (1) the results of the comprehensive study conducted under
    subsection (a), including any recommendations developed under
    subsection (c);
    (2) any additional, site-specific areas within the Yolo
    Bypass System where additional study for flood risk management
    or ecosystem restoration projects is recommended by the
    Secretary; and
    (3) any interim actions relating to existing water resources
    development projects undertaken by the Secretary during the
    study period.

    (e) Definitions.--In this section:
    (1) Yolo bypass system.--The term ``Yolo Bypass System''
    means the system of weirs, levees, bypass structures, and other
    water resources development projects in California's Sacramento
    River Valley, extending from the Fremont Weir near Woodland,
    California, to the Sacramento River near Rio Vista, California,
    authorized pursuant to section 2 of the Act of March 1, 1917
    (chapter 144; 39 Stat. 949).
    (2) Yolo bypass and cache slough partnership.--The term
    ``Yolo Bypass and Cache Slough Partnership'' means the group of
    parties to the Yolo Bypass and Cache Slough Memorandum of
    Understanding, effective May 2016, regarding collaboration and
    cooperation in the Yolo Bypass and Cache Slough region.
    SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.

    (a) In General.--In carrying out the review of the Lake Okeechobee
    regulation schedule pursuant to section 1106 of the Water Resources
    Development Act of 2018 (132 Stat. 3773), the Secretary shall--

    [[Page 2683]]

    (1) <>  evaluate the implications of
    prohibiting releases from Lake Okeechobee through the S-308 and
    S-80 lock and dam structures, and evaluate separately the
    implications of prohibiting high volume releases through the S-
    77, S-78, and S-79 lock and dam structures, on the operation of
    the lake in accordance with authorized purposes and seek to
    minimize unnecessary releases to coastal estuaries; and
    (2) <>  to the maximum extent
    practicable, coordinate with the ongoing efforts of Federal and
    State agencies responsible for monitoring, forecasting, and
    notification of cyanobacteria levels in Lake Okeechobee.

    (b) <>  Monthly Report.--Each
    month, the Secretary shall make public a report, which may be based on
    the Water Management Daily Operational Reports, disclosing the volumes
    of water deliveries to or discharges from Lake Okeechobee & Vicinity,
    Water Conservation Area I, Water Conservation Area II, Water
    Conservation Area III, East Coast Canals, and the South Dade Conveyance.
    Such report shall be aggregated and reported in a format designed for
    the general public, using maps or other widely understood communication
    tools.

    (c) Effect.--In carrying out the evaluation under subsection (a)(1),
    nothing shall be construed to authorize any new purpose for the
    management of Lake Okeechobee or authorize the Secretary to affect any
    existing authorized purpose, including flood protection and management
    of Lake Okeechobee to provide water supply for all authorized users.
    SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.

    (a) In General.--In carrying out the comprehensive assessment of
    water resources needs for the Great Lakes System under section 729 of
    the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
    required by section 1219 of the Water Resources Development Act of 2018
    (132 Stat. 3811), the Secretary shall--
    (1) <>  taking into
    account recent high lake levels within the Great Lakes, assess
    and make recommendations to Congress on--
    (A) coastal storm and flood risk management
    measures, including measures that use natural features
    and nature-based features, as those terms are defined in
    section 1184 of the Water Resources Development Act of
    2016 (33 U.S.C. 2289a);
    (B) operation and maintenance of the Great Lakes
    Navigation System, as such term is defined in section
    210 of the Water Resources Development Act of 1986 (33
    U.S.C. 2238);
    (C) ecosystem protection and restoration;
    (D) the prevention and control of invasive species
    and the effects of invasive species; and
    (E) recreation associated with water resources
    development projects;
    (2) prioritize actions necessary to protect critical public
    infrastructure, communities, and critical natural or cultural
    resources; and
    (3) to the maximum extent practicable and where appropriate,
    utilize existing data provided to the Secretary by Federal and
    State agencies, Indian Tribes, and other stakeholders, including
    data obtained through other Federal programs.

    [[Page 2684]]

    (b) Recommendations; Additional Study.--
    (1) In general.--In carrying out the comprehensive
    assessment described in subsection (a), the Secretary may make a
    recommendation to Congress for--
    (A) the construction of a water resources
    development project;
    (B) the structural or operational modification of an
    existing water resources development project;
    (C) additional monitoring of, or adaptive management
    measures to carry out with respect to, existing water
    resources development projects, to respond to changing
    hydrologic and climatic conditions; or
    (D) geographic areas within the Great Lakes System
    for additional study by the Secretary.
    (2) <>  Focus areas.--In addition
    to carrying out subsection (a), to contribute to the
    comprehensive assessment described in such subsection, the
    Secretary is authorized to conduct feasibility studies for--
    (A) the project for coastal storm resiliency, Lake
    Ontario shoreline, New York; and
    (B) the project for coastal storm resiliency,
    Chicago shoreline, Illinois.
    (3) Additional considerations.--Any feasibility study
    carried out pursuant to this subsection, including pursuant to a
    recommendation under paragraph (1)(D), shall be considered to be
    a continuation of the comprehensive assessment described in
    subsection (a).

    (c) Exemption From Maximum Study Cost and Duration Limitations.--
    Section 1001 of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282c) shall not apply to any study recommended under
    subsection (b)(1)(D) or carried out pursuant to subsection (b)(2).
    SEC. 212. <>  REPORT ON THE STATUS OF
    RESTORATION IN THE LOUISIANA COASTAL
    AREA.

    Not later than 1 year after the date of enactment of this Act, the
    Coastal Louisiana Ecosystem Protection and Restoration Task Force
    established by section 7004 of Water Resources Development Act of 2007
    (121 Stat. 1272) shall submit to Congress a report that summarizes the
    activities and recommendations of the Task Force, including--
    (1) policies, strategies, plans, programs, projects, and
    activities undertaken for addressing conservation, protection,
    restoration, and maintenance of the coastal Louisiana ecosystem;
    and
    (2) financial participation by each agency represented on
    the Task Force in conserving, protecting, restoring, and
    maintaining the coastal Louisiana ecosystem.
    SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.

    (a) Comprehensive Study.--
    (1) Purpose.--The Secretary, in collaboration with the heads
    of other relevant Federal agencies and pursuant to subsection
    (d)(1)(A), shall conduct a comprehensive study of the Lower
    Mississippi River basin, from Cape Girardeau, Missouri, to the
    Gulf of Mexico, to identify recommendations of actions to be
    undertaken by the Secretary, under existing authorities

    [[Page 2685]]

    or after congressional authorization, for the comprehensive
    management of the basin for the purposes of--
    (A) hurricane and storm damage reduction, flood risk
    management, structural and nonstructural flood control,
    and floodplain management strategies;
    (B) navigation;
    (C) ecosystem and environmental restoration;
    (D) water supply;
    (E) hydropower production;
    (F) recreation; and
    (G) other purposes as determined by the Secretary.
    (2) <>  Development.--In conducting
    the comprehensive study under paragraph (1), the Secretary shall
    investigate--
    (A) the construction of new water resources
    development projects;
    (B) structural and operational modifications to
    completed water resources development projects within
    the study area;
    (C) projects proposed in the comprehensive coastal
    protection master plan entitled ``Louisiana's
    Comprehensive Master Plan for a Sustainable Coast'',
    prepared by the State of Louisiana and accepted by the
    Louisiana Coastal Protection and Restoration Authority
    (including any subsequent amendments or revisions),
    including--
    (i) Ama sediment diversion;
    (ii) Union freshwater diversion;
    (iii) increase Atchafalaya flow to Terrebonne;
    and
    (iv) Manchac Landbridge diversion;
    (D) natural features and nature-based features,
    including levee setbacks and instream and floodplain
    restoration;
    (E) fish and wildlife habitat resources, including
    in the Mississippi Sound Estuary, the Lake Pontchartrain
    Basin, the Breton Sound, the Barataria Basin, the
    Terrebonne Basin, the Atchafalaya Basin, the Vermilion-
    Teche Basin, and other outlets of the Mississippi River
    and Tributaries project;
    (F) mitigation of adverse impacts from operations of
    flood control structures to the Mississippi Sound
    Estuary, the Lake Pontchartrain Basin, the Breton Sound,
    the Barataria Basin, the Atchafalaya Basin, and other
    outlets of the Mississippi River and Tributaries
    project;
    (G) the effects of dredging and river-bottom
    elevation changes on drainage efficiency;
    (H) the economic impacts of existing practices,
    including such impacts on coastal resources;
    (I) monitoring requirements, including as near-real
    time monitoring as practicable, and adaptive management
    measures to respond to changing conditions over time;
    (J) the division of responsibilities among the
    Federal Government and non-Federal interests with
    respect to the purposes described in paragraph (1); and
    (K) other matters, as determined by the Secretary.

    (b) Consultation and Use of Existing Data.--In conducting the
    comprehensive study under subsection (a), the Secretary shall consult
    with applicable Federal, State, and local agencies, Indian Tribes, non-
    Federal interests, and other stakeholders, and, to the

    [[Page 2686]]

    maximum extent practicable and where appropriate, make use of existing
    data provided to the Secretary by such entities or from any relevant
    multistate monitoring programs.
    (c) Recommendations.--In conducting the comprehensive study under
    subsection (a), the Secretary shall develop actionable recommendations
    to Congress, including for--
    (1) the construction of new water resources development
    projects to improve the maximum effective river resource use and
    control;
    (2) the structural or operational modification of completed
    water resources development projects;
    (3) such additional monitoring of, or adaptive management
    measures to carry out with respect to, completed water resources
    development projects, to respond to changing conditions;
    (4) improving the efficiency of operational and maintenance
    dredging within the study area;
    (5) whether changes are necessary to the Mississippi River
    and Tributaries project within the study area;
    (6) other Federal and non-Federal action, where appropriate;
    and
    (7) follow-up studies and data collection and monitoring to
    be carried out by the relevant Federal or State agency.

    (d) Completion of Study; Report to Congress.--
    (1) Annual reports.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter until the final
    report under paragraph (2) is submitted, the Secretary shall
    submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment
    and Public Works of the Senate a report detailing--
    (A) any interim actions relating to water resources
    development projects within the study area undertaken by
    the Secretary under existing authority; and
    (B) any recommendations developed under subsection
    (c).
    (2) Final report.--Not later than 5 years after the date of
    enactment of this section, the Secretary shall submit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public
    Works of the Senate a final report detailing the results of the
    comprehensive study required by this section, including the
    recommendations developed under subsection (c).
    (3) Application of certain requirements.--Section 1001(a) of
    the Water Resources Reform and Development Act of 2014 (33
    U.S.C. 2282c(a)) shall not apply to the study carried out by the
    Secretary under this section.

    (e) Further Analysis.--
    (1) In general.--In conducting the comprehensive study under
    subsection (a), the Secretary shall carry out activities in
    geographic areas that warrant additional analysis by the Corps
    of Engineers, including feasibility studies.
    (2) Treatment.--A feasibility study carried out under
    paragraph (1) shall be considered to be a continuation of the
    comprehensive study conducted under subsection (a).

    [[Page 2687]]

    (f) Requirements.--The comprehensive study conducted under
    subsection (a) shall be carried out in accordance with the authorities
    for the Mississippi River and Tributaries project.
    (g) Definitions.--In this section:
    (1) Mississippi river and tributaries project.--The term
    ``Mississippi River and Tributaries project'' means the
    Mississippi River and Tributaries project authorized by the
    first section of the Act of May 15, 1928 (33 U.S.C. 702a).
    (2) Natural feature; nature-based feature.--The terms
    ``natural feature'' and ``nature-based feature'' have the
    meanings given those terms in section 1184 of the Water
    Resources Development Act of 2016 (33 U.S.C. 2289a).

    (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $25,000,000, to remain available
    until expended.
    (i) Savings Provision.--Nothing in this section shall delay or
    interfere with, or be construed as grounds for enjoining construction
    of, authorized projects within the study area.
    SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

    (a) Assessment.--The Secretary shall conduct an assessment of the
    water resources needs of the Upper Mississippi River under section 729
    of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
    (b) Requirements.--The Secretary shall carry out the assessment
    under subsection (a) in accordance with the requirements in section
    1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).
    SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS
    RESEARCH.

    (a) In General.--Pursuant to section 22 of the Water Resources
    Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall
    conduct research on the management of fish losses through the mainstem
    dams of the Missouri River Basin during periods of high flow.
    (b) <>  Contents.--The research conducted under
    subsection (a) shall include an examination of--
    (1) the effects of high flow rates through Upper Missouri
    River Basin mainstem dam outlet works on fish passage;
    (2) options used by other Corps of Engineers district
    offices to mitigate fish losses through dams; and
    (3) the feasibility of implementing fish loss mitigation
    options in the Upper Missouri River Basin mainstem dams, based
    on similar ongoing studies.

    (c) Report.--Not later than 18 months after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report recommending a plan
    to address fish losses through mainstem dams in the Upper Missouri River
    Basin.
    SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
    PROTECTION.

    (a) Additional Studies for Lower Missouri River Basin.--
    (1) <>  In
    general.--Except as provided in paragraph (2), upon the request
    of the non-Federal interest for the Lower Missouri

    [[Page 2688]]

    Basin study, the Secretary shall expand the scope of such study
    to investigate and provide recommendations relating to--
    (A) <>  modifications to
    projects in Iowa, Kansas, Nebraska, and Missouri
    authorized under the Pick-Sloan Missouri River Basin
    Program (authorized by section 9(b) of the Act of
    December 22, 1944 (chapter 665, 58 Stat. 891)) and the
    Missouri River Bank Stabilization and Navigation project
    (authorized by section 2 of the Act of March 2, 1945
    (chapter 19, 59 Stat. 19)), including modifications to
    the authorized purposes of such projects to further
    flood risk management and resiliency; and
    (B) modifications to non-Federal, publicly owned
    levees in the Lower Missouri River Basin.
    (2) <>  Exception.--If the Secretary
    determines that expanding the scope of the Lower Missouri Basin
    study as provided in paragraph (1) is not practicable, and the
    non-Federal interest for such study concurs in such
    determination, the Secretary shall carry out such additional
    studies as are necessary to investigate the modifications
    described in paragraph (1).
    (3) Continuation of lower missouri basin study.--The
    following studies shall be considered a continuation of the
    Lower Missouri Basin study:
    (A) Any additional study carried out under paragraph
    (2).
    (B) Any study recommended to be carried out in a
    report that the Chief of Engineers prepares for the
    Lower Missouri Basin study.
    (C) Any study recommended to be carried out in a
    report that the Chief of Engineers prepares for an
    additional study carried out under paragraph (2).
    (D) Any study spun off from the Lower Missouri Basin
    study before the completion of such study.
    (E) Any study spun off from an additional study
    carried out under paragraph (2) before the completion of
    such additional study.
    (4) Reliance on existing information.--In carrying out any
    study described in or authorized by this subsection, the
    Secretary, to the extent practicable, shall rely on existing
    data and analysis, including data and analysis prepared under
    section 22 of the Water Resources Development Act of 1974 (42
    U.S.C. 1962d-16).
    (5) Consideration; consultation.--In developing
    recommendations under paragraph (1), the Secretary shall--
    (A) consider the use of--
    (i) structural and nonstructural measures,
    including the setting back of levees and removing
    structures from areas of recurring flood
    vulnerability, where advantageous, to reduce flood
    risk and damages in the Lower Missouri River
    Basin; and
    (ii) where such features are locally
    acceptable, natural features or nature-based
    features (as such terms are defined in section
    1184 of the Water Resources Development Act of
    2016 (33 U.S.C. 2289a); and
    (B) consult with applicable Federal and State
    agencies, Indian Tribes, and other stakeholders within
    the Lower

    [[Page 2689]]

    Missouri River Basin and solicit public comment on such
    recommendations.
    (6) Exemption from maximum study cost and duration
    limitations.--Section 1001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
    Lower Missouri Basin study or any study described in paragraph
    (3).
    (7) <>  Preconstruction, engineering,
    and design.--Upon completion of a study authorized by this
    subsection, if the Secretary determines that a recommended
    project, or modification to a project described in paragraph
    (1), is justified, the Secretary may proceed directly to
    preconstruction planning, engineering, and design of the project
    or modification.
    (8) Technical assistance.--
    (A) In general.--For the provision of technical
    assistance to support small communities and economically
    disadvantaged communities in the planning and design of
    flood risk management and flood risk resiliency projects
    in the Lower Missouri River Basin, for each of fiscal
    years 2021 through 2026, there are authorized to be
    appropriated--
    (i) $2,000,000 to carry out section 206 of the
    Flood Control Act of 1960 (33 U.S.C. 709a), in
    addition to amounts otherwise authorized to carry
    out such section; and
    (ii) $2,000,000 to carry out section 22(a)(2)
    of the Water Resources Development Act of 1974 (42
    U.S.C. 1962d-16), in addition to amounts otherwise
    authorized to carry out such section.
    (B) Conditions.--
    (i) Limitations not applicable.--The
    limitations on the use of funds in section 206(d)
    of the Flood Control Act of 1960 and section
    22(c)(2) of the Water Resources Development Act of
    1974 shall not apply to the amounts authorized to
    be appropriated by subparagraph (A).
    (ii) Rule of construction.--Nothing in this
    paragraph restricts the authority of the Secretary
    to use any funds otherwise appropriated to carry
    out section 206 of the Flood Control Act of 1960
    or section 22(a)(2) of the Water Resources
    Development Act of 1974 to provide technical
    assistance described in subparagraph (A).
    (9) Completion of study; report to congress.--Not later than
    3 years after the date of enactment of this Act, the Secretary
    shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Environment and Public Works of the Senate a report
    detailing--
    (A) the results of the study authorized by this
    subsection;
    (B) <>  any additional,
    site-specific areas within the Lower Missouri River
    Basin for which additional study for flood risk
    management projects is recommended by the Secretary; and

    [[Page 2690]]

    (C) any interim actions relating to existing water
    resources development projects in the Lower Missouri
    River Basin undertaken by the Secretary during the study
    period.
    (10) Definitions.--In this subsection:
    (A) Lower missouri basin study.--The term ``Lower
    Missouri Basin study'' means the Lower Missouri Basin
    Flood Risk and Resiliency Study, Iowa, Kansas, Nebraska,
    and Missouri, authorized pursuant to section 216 of the
    Flood Control Act of 1970 (33 U.S.C. 549a).
    (B) Small community.--The term ``small community''
    means a local government that serves a population of
    less than 15,000.

    (b) Upper Missouri River Basin Comprehensive Study.--
    (1) <>  In general.--The Secretary, in
    collaboration with the heads of other relevant Federal agencies,
    shall conduct a comprehensive study to address flood risk in
    areas affected by severe flooding in 2019 along the Upper
    Missouri River, including an examination of--
    (A) the use of structural and nonstructural flood
    control and floodplain management strategies, including
    the consideration of natural features or nature-based
    features (as such terms are defined in section 1184 of
    the Water Resources Development Act of 2016 (33 U.S.C.
    2289a);
    (B) continued operation and maintenance of the
    navigation project;
    (C) management of bank caving and erosion;
    (D) maintenance of water supply;
    (E) fish and wildlife habitat management;
    (F) recreation needs;
    (G) environmental restoration needs;
    (H) the division of responsibilities of the Federal
    Government and non-Federal interests with respect to
    Missouri River flooding;
    (I) the roles and responsibilities of Federal
    agencies with respect to Missouri River flooding; and
    (J) any other related matters, as determined by the
    Secretary.
    (2) Recommendations.--In conducting the study under this
    subsection, the Secretary may develop recommendations to
    Congress for--
    (A) the construction of a water resources
    development project;
    (B) the structural or operational modification of an
    existing water resources development project;
    (C) such additional monitoring of, or adaptive
    management measures to carry out with respect to,
    existing water resources development projects, to
    respond to changing conditions;
    (D) geographic areas within the Upper Missouri River
    basin for additional study by the Secretary;
    (E) management plans and actions to be carried out
    by the responsible Federal agencies to reduce flood risk
    and improve resiliency;
    (F) any necessary changes to the general
    comprehensive plan for flood control and other purposes
    in the Missouri River Basin under section 4 of the Act
    of June 28, 1938 (chapter 795, 52 Stat. 1218; 58 Stat.
    891); and

    [[Page 2691]]

    (G) follow-up studies for problem areas for which
    data or current technology does not allow immediate
    solutions.
    (3) Completion of study; report to congress.--Not later than
    3 years after the date of enactment of this subsection, the
    Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Environment and Public Works of the Senate a report that--
    (A) contains the results of the comprehensive study
    required by this subsection, including any
    recommendations developed under paragraph (2);
    (B) addresses--
    (i) the potential for the transfer of flood
    risk between and within the Upper and Lower
    Missouri River basins with respect to any changes
    recommended pursuant to paragraph (2)(F);
    (ii) adverse impacts to navigation and other
    authorized purposes of the applicable Missouri
    River project with respect to any changes
    recommended under paragraph (2)(F); and
    (iii) whether there are opportunities for
    increased non-Federal management in the Upper
    Missouri River Basin;
    (C) recognizes--
    (i) the interest and rights of States in--
    (I) determining the development of
    watersheds within the borders of the
    State; and
    (II) water utilization and control;
    and
    (ii) the primary responsibilities of States
    and local interests in developing water supplies
    for domestic, municipal, industrial, and other
    purposes; and
    (D) describes any interim actions relating to
    existing water resources development projects in the
    Upper Missouri River Basin undertaken by the Secretary
    during the study period.
    (4) Consultation.--In carrying out this subsection, the
    Secretary shall consult with applicable Federal and State
    agencies, Indian Tribes, and other stakeholders within the Upper
    Missouri River Basin and solicit public comment.
    (5) Reliance on existing information.--In carrying out any
    study described in or authorized by this subsection, the
    Secretary, to the extent practicable, shall rely on existing
    data and analysis, including data and analysis prepared under
    section 22 of the Water Resources Development Act of 1974 (42
    U.S.C. 1962d-16).
    (6) Exemption from maximum study cost and duration
    limitations.--Section 1001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
    comprehensive study carried out under this section or any
    feasibility study described in paragraph (7).
    (7) Additional considerations.--Any feasibility study
    carried out pursuant to a recommendation included in the report
    submitted under this subsection shall be considered to be a
    continuation of the comprehensive study required under paragraph
    (1).
    (8) Definition.--In this subsection, the term ``Missouri
    River project'' means a project constructed as part of--

    [[Page 2692]]

    (A) the Pick-Sloan Missouri River Basin Program
    (authorized by section 9(b) of the Act of December 22,
    1944 (chapter 665, 58 Stat. 891)), located in the States
    of Wyoming, Montana, North Dakota, or South Dakota;
    (B) the Missouri River Bank Stabilization and
    Navigation project (authorized by section 2 of the Act
    of March 2, 1945 (chapter 19, 59 Stat. 19)); or
    (C) a non-Federal, publicly owned levee system
    located within the Upper Missouri River Basin.

    (c) <>  Coordination.--Upon completion of the
    studies under subsections (a) and (b), the Secretary shall develop a
    strategy that, to the maximum extent practicable, coordinates and aligns
    the results of such studies.
    SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE HARBOR,
    NEW HAMPSHIRE.

    (a) Requirement to Expedite.--The Secretary shall expedite
    authorized activities to address the impacts of shoaling affecting the
    project for navigation, Rye Harbor, New Hampshire, authorized by section
    101 of the River and Harbor Act of 1960 (74 Stat. 480).
    (b) <>  Status Update.--Not later than 180 days
    after the date of enactment of this Act, the Secretary shall submit to
    Congress a written status update regarding--
    (1) the activities required to be expedited under subsection
    (a); and
    (2) the project for navigation, Portsmouth Harbor and
    Piscataqua River, authorized by section 101 of the River and
    Harbor Act of 1962 (76 Stat. 1173), as required to be expedited
    under section 1317 of the Water Resources Development Act of
    2018 (132 Stat. 3823).
    SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, OREGON.

    (a) <>  Report.--Not later than 2 years
    after the date of enactment of this Act, the Secretary shall submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of the
    Senate, and make publicly available, a report providing an initial
    analysis of deauthorizing hydropower as a project purpose at the Cougar
    and Detroit Dams project.

    (b) Contents.--The Secretary shall include in the report submitted
    under subsection (a)--
    (1) a description of the potential effects of deauthorizing
    hydropower as a project purpose at the Cougar and Detroit Dams
    project on--
    (A) the operation of the project, including with
    respect to the other authorized purposes of the project;
    (B) compliance of the project with the Endangered
    Species Act;
    (C) costs that would be attributed to other
    authorized purposes of the project, including costs
    relating to compliance with such Act; and
    (D) other ongoing studies in the Willamette River
    Basin; and
    (2) identification of any further research needed.

    (c) Project Defined.--In this section, the terms ``Cougar and
    Detroit Dams project'' and ``project'' mean the Cougar Dam and

    [[Page 2693]]

    Reservoir project and Detroit Dam and Reservoir project, Willamette
    River Basin, Oregon, authorized by section 204 of the Flood Control Act
    of 1950 (64 Stat. 179), and facilities that operate in conjunction with
    the main Detroit Dam facility, including the Big Cliff re-regulating
    dam.
    SEC. 219. PORT ORFORD, OREGON.

    Not later than 180 days after the date of enactment of this Act, the
    Secretary shall, at Federal expense, submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a summary
    report on the research completed and data gathered by the date of
    enactment of this Act with regards to the configuration of a breakwater
    for the project for navigation, Port Orford, Oregon, authorized by
    section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106
    Stat. 4809), for the purposes of addressing shoaling issues to minimize
    long-term maintenance costs.
    SEC. 220. <>  WILSON CREEK AND SLOAN
    CREEK, FAIRVIEW, TEXAS.

    Not later than 180 days after the date of enactment of this section,
    the Secretary shall submit to Congress a written status update regarding
    efforts to address flooding along Wilson Creek and Sloan Creek in the
    City of Fairview, Texas.
    SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT WATER
    RESOURCES DEVELOPMENT PROJECTS.

    (a) <>  In General.--Not later than 18 months after
    the date of enactment of this Act, the Secretary shall submit to the
    Committee on Transportation and Infrastructure of the House of the
    Representatives and the Committee on Environment and Public Works of the
    Senate a report that analyzes the benefits and consequences of including
    water supply and water conservation as a primary mission of the Corps of
    Engineers in carrying out water resources development projects.

    (b) Inclusion.--The Secretary shall include in the report submitted
    under subsection (a)--
    (1) a description of existing water resources development
    projects with water supply or water conservation as authorized
    purposes, and the extent to which such projects are utilized for
    such purposes;
    (2) a description of existing water resources development
    projects with respect to which--
    (A) water supply or water conservation could be
    added as a project purpose, including those with respect
    to which a non-Federal interest has expressed an
    interest in adding water supply or water conservation as
    a project purpose; and
    (B) such a purpose could be accommodated while
    maintaining existing authorized purposes;
    (3) a description of ongoing water resources development
    project studies the authorizations for which include
    authorization for the Secretary to study the feasibility of
    carrying out the project with a purpose of water supply or water
    conservation;
    (4) <>  an analysis of how adding water
    supply and water conservation as a primary mission of the Corps
    of Engineers

    [[Page 2694]]

    would affect the ability of the Secretary to carry out future
    water resources development projects; and
    (5) <>  any recommendations of the
    Secretary relating to including water supply and water
    conservation as a primary mission of the Corps of Engineers.
    SEC. 222. <>  REPORT TO CONGRESS ON
    AUTHORIZED STUDIES AND PROJECTS.

    (a) In General.--Not later than February 1 of each year, the
    Secretary shall develop and submit to Congress an annual report, to be
    entitled ``Report to Congress on Authorized Water Resources Development
    Projects and Studies'', that identifies--
    (1) ongoing or new feasibility studies, authorized within
    the previous 20 years, for which a Report of the Chief of
    Engineers has not been issued;
    (2) authorized feasibility studies for projects in the
    preconstruction, engineering and design phase;
    (3) ongoing or new water resources development projects
    authorized for construction within the previous 20 years; and
    (4) authorized and constructed water resources development
    projects the Secretary has the responsibility to operate or
    maintain.

    (b) Contents.--
    (1) Inclusions.--
    (A) Criteria.--The Secretary shall include in each
    report submitted under this section only a feasibility
    study or water resources development project--
    (i) that has been authorized by Congress to be
    carried out by the Secretary and does not require
    any additional congressional authorization to be
    carried out;
    (ii) that the Secretary has the capability to
    carry out if funds are appropriated for such study
    or project under any of the ``Investigations'',
    ``Construction'', ``Operation and Maintenance'',
    or ``Mississippi River and Tributaries''
    appropriations accounts for the Corps of
    Engineers; and
    (iii) for which a non-Federal interest--

    (I) <>  in the case of a study or a
    project other than a project for which
    funds may be appropriated for operation
    and maintenance, has entered into a
    feasibility cost-sharing agreement,
    design agreement, or project partnership
    agreement with the Corps of Engineers,
    or has informed the Secretary that the
    non-Federal interest has the financial
    capability to enter into such an
    agreement within 1 year; and
    (II) demonstrates the legal and
    financial capability to satisfy the
    requirements for local cooperation with
    respect to the study or project.
    (B) Description of benefits.--
    (i) Description.--The Secretary shall, to the
    maximum extent practicable, describe in each
    report submitted under this section the benefits,
    as described in clause (ii), of each feasibility
    study and water resources development project
    included in the report.

    [[Page 2695]]

    (ii) Benefits.--The benefits referred to in
    clause (i) are benefits to--
    (I) the protection of human life and
    property;
    (II) improvement to transportation;
    (III) the national, regional, or
    local economy;
    (IV) the environment; or
    (V) the national security interests
    of the United States.
    (2) Transparency.--The Secretary shall include in each
    report submitted under this section, for each feasibility study
    and water resources development project included in the report--
    (A) the name of the associated non-Federal interest,
    including the name of any non-Federal interest that has
    contributed, or is expected to contribute, a non-Federal
    share of the cost of the study or project;
    (B) the purpose of the study or project;
    (C) <>  an
    estimate, to the extent practicable, of the Federal,
    non-Federal, and total costs of the study or project,
    including, to the extent practicable, the fully funded
    capability of the Corps of Engineers for--
    (i) the 3 fiscal years following the fiscal
    year in which the report is submitted, in the case
    of a feasibility study; and
    (ii) the 5 fiscal years following the fiscal
    year in which the report is submitted, in the case
    of a water resources development project; and
    (D) <>  an estimate, to the extent
    practicable, of the monetary and nonmonetary benefits of
    the study or project.
    (3) Certification.--The Secretary shall include in each
    report submitted under this section a certification stating that
    each feasibility study or water resources development project
    included in the report meets the criteria described in paragraph
    (1)(A).
    (4) Omissions.--
    (A) Limitation.--The Secretary shall not omit from a
    report submitted under this section a study or project
    that otherwise meets the criteria for inclusion in the
    report solely on the basis of a policy of the Secretary.
    (B) Appendix.--If the Secretary omits from a report
    submitted under this section a study or project that
    otherwise meets the criteria for inclusion in the
    report, the Secretary shall include with the report an
    appendix that lists the name of the study or project and
    reason for its omission.

    (c) Submission to Congress; Publication.--
    (1) Submission to congress.--The Secretary may submit a
    report under this section in conjunction with the submission of
    the annual report under section 7001 of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2282d).
    (2) <>
    Publication.--On submission of each report under this section,
    the Secretary shall make the report publicly available,
    including through publication on the internet.

    (d) Definitions.--In this section:
    (1) Non-federal interest.--The term ``non-Federal interest''
    has the meaning given that term in section 221 of the Flood
    Control Act of 1970 (42 U.S.C. 1962d-5b).

    [[Page 2696]]

    (2) Water resources development project.--The term ``water
    resources development project'' includes a separable element of
    a project, a project under an environmental infrastructure
    assistance program, and a project the authorized purposes of
    which include water supply.
    SEC. 223. COMPLETION OF REPORTS AND MATERIALS.

    (a) In General.--Using available appropriations, not later than 180
    days after the date of enactment of this section, the Secretary shall
    complete and submit to Congress the following materials:
    (1) The report required by section 1211 of the Water
    Resources Development Act of 2018 (132 Stat. 3808).
    (2) Implementation guidance for the amendments made by
    section 1176 of the Water Resources Development Act of 2016 (130
    Stat. 1673).
    (3) Implementation guidance for the amendments made by
    section 3029(a) of the Water Resources Reform and Development
    Act of 2014 (128 Stat. 1305).
    (4) Any other report or other material required to be
    submitted to Congress by any of the following Acts (including by
    amendments made by such Acts) that has not been so submitted by
    the date of enactment of this section:
    (A) The Water Resources Reform and Development Act
    of 2014 (Public Law 113-121).
    (B) The Water Resources Development Act of 2016
    (Public Law 114-322).
    (C) The Water Resources Development Act of 2018
    (Public Law 115-270).

    (b) Use of Existing Data.--To the extent practicable and
    appropriate, the Secretary shall use existing data in completing any
    materials described in subsection (a).
    (c) <>  Failure To Submit.--If the
    Secretary fails to submit materials as required by this section, the
    Secretary shall immediately inform the Committee on Environment and
    Public Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives, in writing, of the
    specific reasons for such failure and a timeline for submission of the
    delinquent materials.

    (d) <>  Implementation Guidance.--The
    Secretary shall expeditiously issue any guidance necessary to implement
    any provision of this Act, including any amendments made by this Act, in
    accordance with section 1105 of the Water Resources Development Act of
    2018 (33 U.S.C. 2202).
    SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.

    The <>  Secretary shall submit to Congress
    a report on the extent to which section 5 of the Act of August 18, 1941
    (33 U.S.C. 701n), applies to lakes, including lakes with the flow of a
    slow-moving river, including, if applicable, recommendations for
    legislative changes to ensure that such lakes are eligible for the
    program carried out pursuant to such section.
    SEC. 225. REPORT ON DEBRIS REMOVAL.

    Section 1210 of the Water Resources Development Act of 2018 (132
    Stat. 3808) is amended to read as follows:

    [[Page 2697]]

    ``SEC. 1210. REPORT ON DEBRIS REMOVAL.

    ``(a) <>  In General.--Not
    later than 180 days after the date of enactment of the Water Resources
    Development Act of 2020, the Secretary shall submit to Congress and make
    publicly available a report that describes--
    ``(1) the extent to which, during the 10 fiscal years prior
    to such date of enactment, the Secretary has carried out section
    3 of the Act of March 2, 1945 (33 U.S.C. 603a);
    ``(2) how the Secretary has evaluated potential work to be
    carried out under that section; and
    ``(3) the extent to which the Secretary plans to start,
    continue, or complete debris removal activities in the 3 years
    following submission of the report.

    ``(b) Focus Areas.--The Secretary shall include in the report
    submitted under subsection (a)--
    ``(1) identification of the debris removal activities to be
    started, continued, or completed during the first fiscal year
    following the date of enactment of this subsection within the
    boundaries of the North Atlantic Division of the Corps of
    Engineers;
    ``(2) <>  the estimated total costs
    and completion dates for such activities; and
    ``(3) identification of the non-Federal interest associated
    with such activities.''.
    SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.

    (a) Report.--
    (1) In general.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall submit to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the use by the Corps of Engineers
    since 2010 of data relating to antecedent hydrologic conditions
    in the Missouri River Basin (including soil moisture conditions,
    frost depths, snowpack, and streamflow conditions) in--
    (A) conducting Missouri River mainstem reservoir
    operations under the Missouri River Master Manual;
    (B) developing related annual operating plans; and
    (C) performing seasonal, monthly, and daily
    operations.
    (2) Inclusions.--The report submitted under paragraph (1)
    shall include--
    (A) <>  a review of--
    (i) the approach of the Corps of Engineers to
    forecasting basin runoff in developing annual
    operating plans of the Corps of Engineers;
    (ii) <>  the assessment of
    existing and alternative algorithms that could
    improve basin runoff forecasting;
    (iii) the approach of the Corps of Engineers
    for reservoir releases in the winter, spring,
    summer, and fall, based on basin runoff forecasts;
    (iv) the technical report of the Corps of
    Engineers entitled ``Long-Term Runoff
    Forecasting'', dated February, 2017;
    (v) the use by the Corps of Engineers of data
    from Federal and State entities in basin runoff
    forecasts; and

    [[Page 2698]]

    (vi) the use by the Corps of Engineers of
    advanced data collection, including through the
    use of unmanned aerial systems, forecasting, and
    modeling;
    (B) <>  findings and
    recommendations on how to best incorporate antecedent
    basin conditions in annual operating plans and Missouri
    River mainstem reservoir operations; and
    (C) the results of the peer review conducted under
    subsection (b).

    (b) <>  Peer Review.--The Secretary shall seek to
    enter into an agreement with the National Academy of Sciences or a
    similar independent scientific and technical advisory organization to
    establish a panel of experts to conduct a peer review of the report to
    be submitted under subsection (a).

    (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary--
    (1) $5,000,000 to carry out subsection (a); and
    (2) $5,000,000 to carry out subsection (b).
    SEC. 227. <>  SUBSURFACE DRAIN SYSTEMS
    RESEARCH AND DEVELOPMENT.

    Subject <>  to the availability of
    appropriations, the Secretary, acting through the Director of the
    Engineer Research and Development Center and, where appropriate, in
    consultation with other Federal agencies, shall carry out research and
    development activities relating to the use of subsurface drain systems
    as--
    (1) a flood risk-reduction measure; or
    (2) a coastal storm risk-reduction measure.
    SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.

    Not <>  later than 180 days after the
    date of enactment of this Act, the Secretary shall submit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of the
    Senate, and make publicly available, a report that describes--
    (1) the extent to which the Secretary has carried out
    section 1033 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 2350);
    (2) the extent to which the Secretary has incorporated
    corrosion prevention activities (as defined in such section) at
    water resources development projects constructed or maintained
    by the Secretary since the date of enactment of such section;
    and
    (3) in instances where the Secretary has not incorporated
    corrosion prevention activities at such water resources
    development projects since such date, an explanation as to why
    such corrosion prevention activities have not been incorporated.
    SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.

    Section 1104(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2282d note) is amended--
    (1) by redesignating paragraphs (1) through (4) as
    subparagraphs (A) through (D), respectively, and indenting
    appropriately;
    (2) in the matter preceding subparagraph (A) (as so
    redesignated), by striking ``The Secretary'' and inserting the
    following:
    ``(1) In general.--The Secretary''; and
    (3) by adding at the end the following:

    [[Page 2699]]

    ``(2) <>  Annual reporting.--Not less
    frequently than annually, the Secretary shall provide to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a written update on the progress of the
    implementation of paragraph (1), including a description of each
    education and outreach action the Secretary is taking to
    implement that paragraph.
    ``(3) Guidance; compliance.--The Secretary shall--
    ``(A) issue guidance on the uniform implementation
    by each district of the Corps of Engineers of the
    process for submitting proposals under section 7001 of
    the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282d); and
    ``(B) each year, ensure compliance with the guidance
    issued under subparagraph (A).''.
    SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL
    STRUCTURES.

    Not later than 180 days after the date of enactment of this Act, the
    Secretary shall submit to the Committee on Environment and Public Works
    of the Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives a report on the extent to which flood
    insurance premium reductions that result from implementation of a flood
    risk management project, including structural elements, nonstructural
    elements, or natural features or nature-based features, are included in
    the calculation of the benefits of the project by the Corps of
    Engineers.

    TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

    SEC. 301. <>  DEAUTHORIZATION OF INACTIVE
    PROJECTS.

    (a) Purposes.--The purposes of this section are--
    (1) to identify water resources development projects
    authorized by Congress that are no longer viable for
    construction due to--
    (A) a lack of local support;
    (B) a lack of available Federal or non-Federal
    resources; or
    (C) an authorizing purpose that is no longer
    relevant or feasible;
    (2) to create an expedited and definitive process for
    Congress to deauthorize water resources development projects
    that are no longer viable for construction; and
    (3) to allow the continued authorization of water resources
    development projects that are viable for construction.

    (b) Proposed Deauthorization List.--
    (1) Preliminary list of projects.--
    (A) In general.--The Secretary shall develop a
    preliminary list of each water resources development
    project, or separable element of a project, authorized
    for construction before November 8, 2007, for which--
    (i) planning, design, or construction was not
    initiated before the date of enactment of this
    Act; or

    [[Page 2700]]

    (ii) planning, design, or construction was
    initiated before the date of enactment of this
    Act, but for which no funds, Federal or non-
    Federal, were obligated for planning, design, or
    construction of the project or separable element
    of the project during the current fiscal year or
    any of the 10 preceding fiscal years.
    (B) Use of comprehensive construction backlog and
    operation and maintenance report.--The Secretary may
    develop the preliminary list from the comprehensive
    construction backlog and operation and maintenance
    reports developed pursuant to section 1001(b)(2) of the
    Water Resources Development Act of 1986 (33 U.S.C.
    579a).
    (C) Exclusions.--The Secretary shall not include on
    the preliminary list--
    (i) an environmental infrastructure assistance
    project authorized to be carried out by the
    Secretary (including a project authorized pursuant
    to an environmental assistance program); or
    (ii) a project or separable element of a
    project authorized as part of the Comprehensive
    Everglades Restoration Plan described in section
    601 of the Water Resources Development Act of 2000
    (114 Stat. 2680).
    (2) Preparation of proposed deauthorization list.--
    (A) Deauthorization amount.--The Secretary shall
    prepare a proposed list of projects for deauthorization
    comprised of a subset of projects and separable elements
    identified on the preliminary list developed under
    paragraph (1) that have, in the aggregate, an estimated
    Federal cost to complete that is at least
    $10,000,000,000.
    (B) Determination of federal cost to complete.--For
    purposes of subparagraph (A), the Federal cost to
    complete shall take into account any allowances
    authorized by section 902 of the Water Resources
    Development Act of 1986 (33 U.S.C. 2280), as applied to
    the most recent project schedule and cost estimate.
    (C) Inclusion of deauthorization of antiquated
    projects.--The Secretary shall reduce the amount
    identified for deauthorization under paragraph (2)(A) by
    an amount equivalent to the estimated current value of
    each project, or separable element of a project, that is
    deauthorized by subsection (f).
    (3) Sequencing of projects.--
    (A) In general.--The Secretary shall identify
    projects and separable elements for inclusion on the
    proposed list of projects for deauthorization under
    paragraph (2) according to the order in which the
    projects and separable elements were authorized,
    beginning with the earliest authorized projects and
    separable elements and ending with the latest project or
    separable element necessary to meet the aggregate amount
    under paragraph (2)(A).
    (B) <>  Factors to consider.--
    The Secretary may identify projects and separable
    elements in an order other than that established by
    subparagraph (A) if the Secretary determines, on a case-
    by-case basis, that a project or separable element is
    critical for interests of the United States, based on
    the possible impact of the project or separable element

    [[Page 2701]]

    on public health and safety, the national economy, or
    the environment.
    (4) Public comment and consultation.--
    (A) In general.--The Secretary shall solicit
    comments from the public and the Governors of each
    applicable State on the proposed deauthorization list
    prepared under paragraph (2)(A).
    (B) Comment period.--The public comment period shall
    be 90 days.
    (5) Preparation of final deauthorization list.--
    (A) In general.--The Secretary shall prepare a final
    deauthorization list by--
    (i) considering any comments received under
    paragraph (4); and
    (ii) <>  revising the
    proposed deauthorization list prepared under
    paragraph (2)(A) as the Secretary determines
    necessary to respond to such comments.
    (B) Appendix.--The Secretary shall include as part
    of the final deauthorization list an appendix that--
    (i) identifies each project or separable
    element on the proposed deauthorization list that
    is not included on the final deauthorization list;
    and
    (ii) describes the reasons why the project or
    separable element is not included on the final
    deauthorization list.

    (c) Submission of Final Deauthorization List to Congress for
    Congressional Review; Publication.--
    (1) <>  In general.--Not later than 90 days
    after the date of the close of the comment period under
    subsection (b)(4), the Secretary shall--
    (A) submit the final deauthorization list and
    appendix prepared under subsection (b)(5) to the
    Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on
    Environment and Public Works of the Senate; and
    (B) <>
    publish the final deauthorization list and appendix in
    the Federal Register.
    (2) Exclusions.--The Secretary shall not include in the
    final deauthorization list submitted under paragraph (1) any
    project or separable element with respect to which Federal funds
    for planning, design, or construction are obligated after the
    development of the preliminary list under subsection (b)(1)(A)
    but prior to the submission of the final deauthorization list
    under paragraph (1)(A) of this subsection.

    (d) Deauthorization; Congressional Review.--
    (1) <>  In general.--After the
    expiration of the 2-year period beginning on the date of
    publication of the final deauthorization list and appendix under
    subsection (c)(1)(B), a project or separable element of a
    project identified in the final deauthorization list is hereby
    deauthorized, unless Congress passes a joint resolution
    disapproving the final deauthorization list prior to the end of
    such period.
    (2) Non-federal contributions.--
    (A) In general.--A project or separable element of a
    project identified in the final deauthorization list
    under subsection (c) shall not be deauthorized under
    this subsection if, before the expiration of the 2-year
    period referred

    [[Page 2702]]

    to in paragraph (1), the non-Federal interest for the
    project or separable element of the project provides
    sufficient funds to complete the project or separable
    element of the project.
    (B) Treatment of projects.--Notwithstanding
    subparagraph (A), each project and separable element of
    a project identified in the final deauthorization list
    shall be treated as deauthorized for purposes of the
    aggregate deauthorization amount specified in subsection
    (b)(2)(A).
    (3) Projects identified in appendix.--A project or separable
    element of a project identified in the appendix to the final
    deauthorization list shall remain subject to future
    deauthorization by Congress.

    (e) Special Rules.--
    (1) <>  Post-authorization studies.--A
    project or separable element of a project may not be identified
    on the proposed deauthorization list developed under subsection
    (b), or the final deauthorization list developed under
    subsection (c), if the project or separable element received
    funding for a post-authorization study during the current fiscal
    year or any of the 10 preceding fiscal years.
    (2) Treatment of project modifications.--For purposes of
    this section, if an authorized water resources development
    project or separable element of the project has been modified by
    an Act of Congress, the date of the authorization of the project
    or separable element shall be deemed to be the date of the most
    recent such modification.

    (f) Deauthorization of Antiquated Projects.--
    (1) <>  In general.--Any water resources
    development project, or separable element of a project,
    authorized for construction prior to November 17, 1986, for
    which construction has not been initiated prior to the date of
    enactment of this Act, or for which funds have not been
    obligated for construction in the 10-year period prior to the
    date of enactment of this Act, is hereby deauthorized.
    (2) <>  Identification.--Not later than 60
    days after the date of enactment of this Act, the Secretary
    shall issue to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee
    on Environment and Public Works of the Senate a report that
    identifies--
    (A) the name of each project, or separable element
    of a project, deauthorized by paragraph (1); and
    (B) <>  the estimated current value
    of each such project or separable element of a project.

    (g) Economic and Environmental Review of Inactive Water Resources
    Development Projects.--The Secretary <> or the non-
    Federal interest may not carry out any authorized water resources
    development project, or separable element of such project, for which
    construction has not been initiated in the 20-year period following the
    date of the authorization of such project or separable element, until--
    (1) <>  the Secretary
    provides to the Committee on Transportation and Infrastructure
    of the House of Representatives and the Committee on Environment
    and Public Works of the Senate a post-authorization change
    report that updates the economic and environmental analysis of
    the project or separable element; and

    [[Page 2703]]

    (2) the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment
    and Public Works of the Senate take appropriate action to
    address any modifications to the economic and environmental
    analysis for the project or separable element of the project
    contained in the post-authorization change report.

    (h) Definitions.--In this section:
    (1) Post-authorization change report.--The term ``post-
    authorization change report'' has the meaning given such term in
    section 1132(d) of the Water Resources Development Act of 2016
    (33 U.S.C. 2282e).
    (2) Post-authorization study.--The term ``post-authorization
    study'' means--
    (A) a feasibility report developed under section 905
    of the Water Resources Development Act of 1986 (33
    U.S.C. 2282);
    (B) a feasibility study, as defined in section
    105(d) of the Water Resources Development Act of 1986
    (33 U.S.C. 2215(d)); or
    (C) a review conducted under section 216 of the
    Flood Control Act of 1970 (33 U.S.C. 549a), including an
    initial appraisal that--
    (i) demonstrates a Federal interest; and
    (ii) requires additional analysis for the
    project or separable element.
    SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

    Section 560(f) of the Water Resources Development Act of 1999 (33
    U.S.C. 2336(f)) is amended by striking `` $20,000,000'' and inserting ``
    $30,000,000''.
    SEC. 303. TRIBAL PARTNERSHIP PROGRAM.

    Section 203(b)(4) of the Water Resources Development Act of 2000 (33
    U.S.C. 2269) is amended by striking `` $12,500,000'' each place it
    appears and inserting `` $18,500,000''.
    SEC. 304. LAKES PROGRAM.

    Section 602(a) of the Water Resources Development Act of 1986
    (Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
    Stat. 1076) is amended--
    (1) in paragraph (27), by striking ``and'' at the end;
    (2) in paragraph (28), by striking the period at the end and
    inserting a semicolon; and
    (3) by adding at the end the following:
    ``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts;
    and
    ``(30) Memorial Pond, Walpole, Massachusetts.''.
    SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.

    Section 1177 of the Water Resources Development Act of 2016 (33
    U.S.C. 467f-2 note) is amended--
    (1) in subsection (e), by striking `` $40,000,000'' and
    inserting `` $60,000,000''; and
    (2) in subsection (f), by striking `` $40,000,000'' and
    inserting `` $60,000,000''.

    [[Page 2704]]

    SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
    PROGRAM.

    (a) In General.--Section 510 of the Water Resources Development Act
    of 1996 (Public Law 104-303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat.
    1317) is amended--
    (1) by redesignating subsection (h) as subsection (i) and
    inserting after subsection (g) the following:

    ``(h) Project Cap.--The total cost of a project carried out under
    this section may not exceed $15,000,000.''; and
    (2) in subsection (i) (as so redesignated), by striking ``
    $40,000,000'' and inserting `` $90,000,000''.

    (b) Outreach and Training.--The Secretary shall conduct public
    outreach and workshops for non-Federal interests to provide information
    on the Chesapeake Bay environmental restoration and protection program
    established under section 510 of the Water Resources Development Act of
    1996, including how to participate in the program.
    SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
    PROGRAM.

    Section 1103(e) of the Water Resources Development Act of 1986 (33
    U.S.C. 652(e)) is amended--
    (1) in paragraph (3), by striking `` $22,750,000'' and
    inserting `` $40,000,000''; and
    (2) in paragraph (4), by striking `` $10,420,000'' and
    inserting `` $15,000,000''.
    SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.

    Section 2010(e) of the Water Resources Reform and Development Act of
    2014 (128 Stat. 1270; 132 Stat. 3812) is amended by striking ``the Act
    of October 15, 1940 (33 U.S.C. 701h-1)'' and inserting ``section 5 of
    the Act of June 22, 1936 (33 U.S.C. 701h)''.
    SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.

    (a) In General.--The project for navigation, Theodore Ship Channel,
    Mobile Harbor, Alabama, authorized by section 201 of the Flood Control
    Act of 1965 (42 U.S.C. 1962d-5), is revised to incorporate into the
    project the 40-foot-deep, 1,320-foot-wide, and approximately 1,468.5-
    foot-long access channel, extending north from stations 257+25 and
    273+25 from the Theodore Channel, that was constructed for the former
    Naval Station Mobile, as a substitute for the authorized but
    unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-long anchorage
    basin in the same location, to serve the public terminal that replaced
    the former Naval Station Mobile as obligated under the authorizations
    for the project.
    (b) Treatment.--The Secretary shall--
    (1) consider construction of the access channel described in
    subsection (a) to be complete; and
    (2) assume maintenance of the access channel described in
    subsection (a) for so long as the terminal described in
    subsection (a) remains publicly owned.
    SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.

    Any Federal funds, regardless of the account from which the funds
    were provided, used to carry out construction of the modification to the
    McClellan-Kerr Arkansas River Navigation System, authorized in section
    136 of the Energy and Water Development Appropriations Act, 2004 (117
    Stat. 1842), shall be considered by

    [[Page 2705]]

    the Secretary as initiating construction of the project such that future
    funds will not require a new investment decision.
    SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.

    The project for navigation, Ouachita and Black Rivers, Arkansas and
    Louisiana, authorized by section 101 of the River and Harbor Act of 1960
    (74 Stat. 481), is modified to include water supply as an authorized
    purpose.
    SEC. 312. LAKE ISABELLA, CALIFORNIA.

    (a) Sense of Congress.--It is the sense of Congress that the
    Secretary, when evaluating alternative locations for construction of a
    permanent Isabella Lake Visitor Center by the Corps of Engineers to
    replace the facility impacted by the Isabella Dam safety modification
    project, should afford substantial weight to the site preference of the
    local community.
    (b) Authority.--The Secretary may acquire such interests in real
    property as the Secretary determines necessary or advisable to support
    construction of the Isabella Dam safety modification project.
    (c) Transfer.--The Secretary may transfer any real property
    interests acquired under subsection (b) to any other Federal agency or
    department without reimbursement.
    (d) Isabella Dam Safety Modification Project Defined.--In this
    section, the term ``Isabella Dam safety modification project'' means the
    dam safety modification project at the Isabella Reservoir in the San
    Joaquin Valley, California (authorized by Act of December 22, 1944
    (chapter 665, 58 Stat. 901)), including the component of the project
    relating to construction a visitor center facility.
    SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.

    The Secretary shall align the schedules of, and maximize
    complimentary efforts, minimize duplicative practices, and ensure
    coordination and information sharing with respect to--
    (1) the project for flood risk management, Lower San Joaquin
    River, authorized by section 1401(2) of the Water Resources
    Development Act of 2018 (132 Stat. 3836); and
    (2) the second phase of the feasibility study for the Lower
    San Joaquin River project for flood risk management, authorized
    for expedited completion by section 1203(a)(7) of the Water
    Resources Development Act 2018 (132 Stat. 3803).
    SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

    The <>  portion of project for flood
    control, Sacramento River, California, authorized by section 2 of the
    Act of March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110
    Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a riverbed
    gradient restoration facility at the Glenn-Colusa Irrigation District
    Intake, is no longer authorized beginning on the date of enactment of
    this Act.
    SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
    CALIFORNIA.

    The <>  portion of the project for flood
    control and navigation, San Diego River and Mission Bay, San Diego
    County, California, authorized by the Act of July 24, 1946 (chapter 595,
    60 Stat. 636), identified in the National Levee Database established
    under section 9004 of the Water Resources Development Act of 2007 (33
    U.S.C. 3303) as the San Diego River 3 segment and consisting

    [[Page 2706]]

    of a 785-foot-long segment of the right bank levee from Station
    209+41.75 to its end at Station 217+26.75, as described in construction
    plans dated August 30, 1951, is no longer authorized beginning on the
    date of enactment of this Act.
    SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

    (a) In General.--Section 114 of the River and Harbor Act of 1968 (33
    U.S.C. 59h) is amended to read as follows:
    ``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

    ``(a) Area To Be Declared Nonnavigable.--The following area is
    declared to be nonnavigable waters of the United States: All of that
    portion of the City and County of San Francisco, California, lying
    shoreward of a line beginning at the intersection of the southerly right
    of way line of Earl Street prolongation with the Pierhead United States
    Government Pierhead line, the Pierhead line as defined in the State of
    California Harbor and Navigation Code Section 1770, as amended in 1961;
    thence northerly along said Pierhead line to its intersection with a
    line parallel with and distant 10 feet easterly from, the existing
    easterly boundary line of Pier 30-32; thence northerly along said
    parallel line and its northerly prolongation, to a point of intersection
    with a line parallel with, and distant 10 feet northerly from, the
    existing northerly boundary of Pier 30-32; thence westerly along last
    said parallel line to its intersection with said Pierhead line; thence
    northerly along said Pierhead line, to the intersection of the easterly
    right of way line of Van Ness Avenue, formerly Marlette Street,
    prolongation to the Pierhead line.
    ``(b) <>  Requirement That Area Be Improved.--
    The declaration of nonnavigability under subsection (a) applies only to
    those parts of the area described in subsection (a) that are or will be
    bulkheaded, filled, or otherwise occupied or covered by permanent
    structures and does not affect the applicability of any Federal statute
    or regulation that relates to filling of navigable waters or to other
    regulated activities within the area described in subsection (a),
    including sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401,
    403), section 404 of the Federal Water Pollution Control Act, and the
    National Environmental Policy Act of 1969.

    ``(c) Inclusion of Embarcadero Historic District.--Congress finds
    and declares that the area described in subsection (a) contains the
    seawall, piers, and wharves that comprise the Embarcadero Historic
    District listed on the National Register of Historic Places on May 12,
    2006.''.
    (b) Conforming Amendment.--Section 5052 of the Water Resources
    Development Act of 2007 (33 U.S.C. 59h-1) <>  is
    repealed.
    SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER,
    CALIFORNIA.

    The <>  portion of the project for flood
    protection on the Sacramento River, authorized by section 2 of the of
    March 1, 1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 55
    Stat. 647; 80 Stat. 1422), consisting of the portion of the levee from
    G.P.S. coordinate N2147673.584 E6690904.187 to N2147908.413 E6689057.060
    associated with the Western Pacific Interceptor Canal, is no longer
    authorized beginning on the date of the enactment of this Act.

    [[Page 2707]]

    SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO,
    NEW MEXICO, AND TEXAS.

    Section 5056(f) of the Water Resources Development Act of 2007
    (Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is amended by
    striking ``2019'' and inserting ``2029''.
    SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.

    (a) <>  In General.--The portion of the
    project for navigation, New London Harbor, Connecticut, authorized by
    the first section of the Act of June 13, 1902 (chapter 1079, 32 Stat.
    333), described in subsection (b) is no longer authorized beginning on
    the date of enactment of this Act.

    (b) Area Described.--The area referred to in subsection (a) is
    generally the portion between and around the 2 piers at the State Pier
    in New London, specifically the area--
    (1) beginning at a point N691263.78, E1181259.26;
    (2) running N 3501'50.75'' W about 955.59 feet to a point
    N692046.26, E1180710.74;
    (3) running N 5458'06.78'' E about 100.00 feet to a point
    N692103.66, E1180792.62;
    (4) running S 3501'50.75'' E about 989.8 feet to a point
    N691293.17, E1181360.78; and
    (5) running S 7351'15.45'' W about 105.69 feet to the point
    described in paragraph (1).
    SEC. 320. WILMINGTON HARBOR, DELAWARE.

    It is the sense of Congress that the Corps of Engineers should
    maintain the annual maintenance dredging for Wilmington Harbor,
    Delaware, authorized by the Act of June 3, 1896 (chapter 314, 29 Stat.
    207).
    SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.

    (a) Finding.--For the purposes of applying section 217(b) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) to the
    Wilmington Harbor South Disposal Area, Delaware, the Secretary shall
    find that the standard has been met for the Edgemoor expansion of the
    Port of Wilmington, Delaware.
    (b) Use.--Any use of the Wilmington Harbor South Disposal Area
    permitted by the Secretary under section 217(b) for the Edgemoor
    Expansion of the Port of Wilmington shall not otherwise reduce the
    availability of capacity, in dredged material disposal facilities under
    the jurisdiction of the Secretary that were constructed before the date
    of enactment of this Act, for operation and maintenance of--
    (1) the Delaware River Mainstem and Channel Deepening
    project, Delaware, New Jersey, and Pennsylvania, authorized by
    section 101(6) of the Water Resources Development Act of 1992
    (106 Stat. 4802); or
    (2) the Delaware River, Philadelphia to the Sea, project,
    Delaware, New Jersey, Pennsylvania, authorized by the Act of
    June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat.
    803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).

    (c) Fee.--The Secretary shall impose on the non-Federal interest for
    the Edgemoor Expansion of the Port of Wilmington a fee, under section
    217(b)(1)(B) of the Water Resources Development Act of 1996 (33 U.S.C.
    2326a(b)(1)(B)), to recover capital, operation, and maintenance costs
    associated with any use by the

    [[Page 2708]]

    non-Federal interest of capacity in the Wilmington Harbor South Disposal
    Area permitted by the Secretary under section 217(b) of the Water
    Resources Development Act of 1996 pursuant to subsection (a) of this
    section.
    (d) Agreement to Pay.--In accordance with section 217(a) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to
    accommodate the dredged materials from operation and maintenance of the
    Edgemoor Expansion of the Port of Wilmington, the Secretary provides
    additional capacity at the Wilmington Harbor South Disposal Area, the
    non-Federal interest for the Edgemoor Expansion of the Port of
    Wilmington shall agree to pay, during the period of construction, all
    costs associated with the construction of the additional capacity.
    SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.

    Beginning <>  on the date of enactment of
    this Act, the project for navigation, Washington Harbor, District of
    Columbia, authorized by the Act of August 30, 1935 (chapter 831, 49
    Stat. 1031), is modified to reduce, in part, the authorized dimensions
    of the project, such that the remaining authorized dimensions are as
    follows:
    (1) A 200-foot-wide, 12-foot-deep channel with a center line
    beginning at a point East 1,317,064.30 and North 440,373.32,
    thence to a point East 1,316,474.30 and North 440,028.31, thence
    to a point East 1,315,584.30 and North 439,388.30, thence to a
    point East 1,315,259.31 and North 438,908.30.
    (2) A 200- to 300-foot-wide, 12-foot-deep transition area,
    with a center line beginning at a point East 1,315,259.31 and
    North 438,908.30 to a point East 1,315,044.31 and North
    438,748.30.
    (3) A 300-foot-wide, 15-foot-deep channel with a centerline
    beginning a point East 1,315,044.31 and North 438,748.30, thence
    to a point East 1,314,105.31 and North 438,124.79, thence to a
    point East 1,311,973.30 and North 438,807.78, thence to a point
    East 1,311,369.73 and North 438,577.42, thence to a point East
    1,311,015.73 and North 438,197.57, thence to a point East
    1,309,713.47 and North 435,678.91.
    (4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
    area, with a center line beginning at a point East 1,309,713.47
    and North 435,678.91 to a point East 1,307,709.33 and North
    434,488.25.
    (5) A 400-foot-wide, 24-foot-deep channel with a centerline
    beginning at a point East 1,307,709.33 and North 434,488.25,
    thence to a point East 1,307,459.33 and North 434,173.25, thence
    to a point East 1,306,476.82 and North 432,351.28, thence to a
    point East 1,306,209.79 and North 431,460.21, thence to a point
    at the end of the channel near Hains Point East 1,305,997.63 and
    North 429,978.31.
    SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER
    CONSERVATION PLAN, FLORIDA.

    (a) <>  In General.--The project for
    ecosystem restoration, Big Cypress Seminole Indian Reservation Water
    Conservation Plan, Florida, authorized pursuant to section 528 of the
    Water Resources Development Act of 1996 (110 Stat. 3767), is no longer
    authorized beginning on the date of enactment of this Act.

    (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to pay any damages awarded by

    [[Page 2709]]

    the Armed Services Board of Contract Appeals, or by a court of competent
    jurisdiction, to a contractor relating to the adjudication of claims
    arising from construction of the project described in subsection (a).
    SEC. 324. CENTRAL EVERGLADES, FLORIDA.

    The project for ecosystem restoration, Central Everglades,
    authorized by section 1401(4) of the Water Resources Development Act of
    2016 (130 Stat. 1713), is modified to include the project for ecosystem
    restoration, Central and Southern Florida, Everglades Agricultural Area,
    authorized by section 1308 of the Water Resources Development Act of
    2018 (132 Stat. 3819), and to authorize the Secretary to carry out the
    project, as so combined, at a total combined cost of $4,362,091,000.
    SEC. 325. MIAMI RIVER, FLORIDA.

    The <>  portion of the project for
    navigation, Miami River, Florida, authorized by the Act of July 3, 1930
    (46 Stat. 925; 59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning at
    the existing railroad bascule bridge and extending approximately 1,000
    linear feet upstream to an existing salinity barrier and flood control
    structure, is no longer authorized beginning on the date of enactment of
    this Act.
    SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.

    (a) Designation.--The Moore Haven Lock and Dam, Moore Haven,
    Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847, 46
    Stat. 925; 49 Stat. 1032), shall be known and designated as the ``Julian
    Keen, Jr. Lock and Dam''.
    (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Lock and Dam referred
    to in subsection (a) shall be deemed to be a reference to the ``Julian
    Keen, Jr. Lock and Dam''.
    SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER
    ST. JOHNS RIVER BASIN, FLORIDA.

    The <>  portions of the project for flood
    control and other purposes, Central and Southern Florida, authorized by
    section 203 of the Flood Control Act of 1948 (62 Stat. 1176), consisting
    of the Taylor Creek Reservoir and Levee L-73, Section 1, within the
    Upper St. Johns River Basin, Florida, are no longer authorized beginning
    on the date of enactment of this Act.
    SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE,
    KENTUCKY.

    (a) In General.--Subject to the availability of appropriations and
    on request of the landowner, the Secretary shall extinguish any flowage
    easement or portion of a flowage easement held by the United States on
    developed land of the landowner at Rough River Lake, Kentucky--
    (1) that is above 534 feet mean sea level; and
    (2) <>  for which the Secretary
    determines the flowage easement or portion of the flowage
    easement is not required to address backwater effects.

    (b) No Liability.--The United States shall not be liable for any
    damages to property or injuries to persons from flooding that may be
    attributable to the operation and maintenance of Rough

    [[Page 2710]]

    River Dam, Kentucky, on land that was encumbered by a flowage easement
    extinguished under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000, to remain available
    until expended.
    SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.

    Not <>  later than 120 days after the date of
    enactment of this Act, the Secretary shall provide to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a report on
    plans to modify the Calcasieu River and Pass Dredged Material Management
    Plan and Supplemental Environmental Impact Statement (November 22, 2010
    DMMP/SEIS) to allow for the expansion of Dredged Material Placement
    Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock
    boundaries during planned rehabilitation of these facilities.
    SEC. 330. CAMDEN HARBOR, MAINE.

    (a) <>  In General.--The portions of the
    project for navigation, Camden Harbor, Maine, described in subsection
    (b) are no longer authorized beginning on the date of enactment of this
    Act.

    (b) Portions Described.--The portions referred to in subsection (a)
    are the following:
    (1) The portion of the 10-foot-deep inner harbor area,
    authorized by the first section of the Act of March 3, 1873
    (chapter 233, 17 Stat. 565; 25 Stat. 400), approximately
    50,621.75 square feet in area--
    (A) starting at a point with coordinates
    N197,640.07, E837,851.71;
    (B) thence running S8443' 23.94''W about 381.51
    feet to a point with coordinates N197,604.98,
    E837,471.82;
    (C) thence running N4347' 51.43''W about 270.26
    feet to a point with coordinates N197,800.05,
    E837,284.77;
    (D) thence running S5902' 26.62''E about 219.18
    feet to a point with coordinates N197,687.30,
    E837,472.72;
    (E) thence running S8150' 09.76''E about 144.70
    feet to a point with coordinates N197,666.75,
    E837,615.96;
    (F) thence running N5727' 07.42''E about 317.32
    feet to a point with coordinates N197,866.52,
    E837,928.96; and
    (G) thence running S1850' 04.48''W about 239.27
    feet to the point described in subparagraph (A).
    (2) The portion of the 14-foot-deep outer harbor area,
    authorized by the first section of the Act of August 11, 1888
    (25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square
    feet in area--
    (A) starting at a point with coordinates
    N197,640.07, E837,851.71;
    (B) thence running N1850' 04.48''E about 239.27
    feet to a point with coordinates N197,866.53,
    E837,928.96;
    (C) thence running N5828' 51.05''E about 308.48
    feet to a point with coordinates N198,027.79,
    E838,191.93;
    (D) thence running N8420' 01.88''E about 370.06
    feet to a point with coordinates N198,064.33,
    E838,560.18;
    (E) thence running S0532' 03.42''E about 357.31
    feet to a point with coordinates N197,708.68,
    E838,594.64; and
    (F) thence running S8443' 23.94''W about 746.08
    feet to the point described in subparagraph (A).

    [[Page 2711]]

    SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.

    (a) In General.--The project for navigation, Cape Porpoise Harbor,
    Maine, authorized by section 101 of the River and Harbor Act of 1948 (62
    Stat. 1172), is modified to designate the portion of the project
    described in subsection (b) as a 6-foot-deep anchorage.
    (b) Portion Described.--The portion of the project referred to in
    subsection (a) is the approximately 192,235.63 square foot area
    consisting of the 100-foot-wide and 6-foot-deep channel located within
    the inner harbor--
    (1) starting at a point with coordinates N 194,175.13, E
    2,882,011.74;
    (2) thence running N3346' 08.14''W about 914.57 feet to a
    point with coordinates N 194,935.40, E 2,881,503.38;
    (3) thence running N1241' 09.78''W about 1,026.40 feet to a
    point with coordinates N 195,936.74, E 2,881,277.97;
    (4) thence running N7718' 50.22''E about 100.00 feet to a
    point with coordinates N 195,958.70, E 2,881,375.53;
    (5) thence running S1241' 09.78''E about 1,007.79 feet to a
    point with coordinates N 194,975.52, E 2,881,596.85;
    (6) thence running S3346' 08.14''E about 895.96 feet to a
    point with coordinates N 194,230.72, E 2,882,094.86; and
    (7) thence running S5613' 51.86''W about 100.00 feet to the
    point described in paragraph (1).
    SEC. 332. BALTIMORE, MARYLAND.

    The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept funds contributed by a non-
    Federal interest for dredging on irregular cycles of the Baltimore Inner
    Harbor Approach Channel, Baltimore Harbor and Channels Federal
    navigation project, authorized by section 101 of the River and Harbor
    Act of 1958 (72 Stat. 297).
    SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.

    (a) Sense of Congress.--It is the sense of Congress that Thad
    Cochran, whose selfless determination and tireless work, while serving
    as a congressman and United States Senator from Mississippi for 45
    years, contributed greatly to the realization and success of the
    Tennessee-Tombigbee Waterway.
    (b) Designation.--The navigation lock known as the ``Amory Lock'',
    located at mile 371 on the Tennessee-Tombigbee Waterway, Mississippi,
    and the dam associated with such lock, shall be known and designated as
    the ``Thad Cochran Lock and Dam''.
    (c) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the lock and dam referred
    to in subsection (b) shall be deemed to be a reference to the ``Thad
    Cochran Lock and Dam''.
    SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.

    Section 1179(a) of the Water Resources Development Act of 2016 (130
    Stat. 1675; 132 Stat. 3782) is amended--
    (1) in paragraph (3)--
    (A) in subparagraph (B), by inserting ``project
    purposes, including'' before ``storage capacity''; and
    (B) in subparagraph (C), by striking
    ``preliminary'';
    (2) by redesignating paragraphs (4) through (9) as
    paragraphs (6) through (11), respectively; and
    (3) by inserting after paragraph (3) the following:

    [[Page 2712]]

    ``(4) <>  Justification.--In
    determining the economic justification of a sediment management
    plan under paragraph (2), the Secretary shall--
    ``(A) measure and include flooding, erosion, and
    accretion damages both upstream and downstream of the
    reservoir that are likely to occur as a result of
    sediment management within the reservoir compared to the
    damages that are likely to occur if the sediment
    management plan is not implemented; and
    ``(B) <>
    include lifecycle costs and a 100-year period of
    analysis.
    ``(5) Implementation.--As part of a sediment management plan
    under paragraph (2), and in accordance with paragraph (10), the
    Secretary may carry out sediment removal activities at
    reservoirs owned and operated by the Secretary in the Upper
    Missouri River Basin, or at reservoirs for which the Secretary
    has flood control responsibilities under section 7 of the Act of
    December 22, 1944 (33 U.S.C. 709), in the Upper Missouri River
    Basin, in accordance with section 602 of the Water Resources
    Development Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113
    Stat. 295; 121 Stat. 1076) as if those reservoirs were listed in
    subsection (a) of that section.''.
    SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.

    The <>  Secretary shall expedite the
    activities required to be carried out under section 204 of the Water
    Resources Development Act of 1992 (33 U.S.C. 2326) regarding the use of
    improvement dredging of the Portsmouth Federal navigation project in
    Portsmouth, New Hampshire, carried out pursuant to section 3 of the Act
    of August 13, 1946 (33 U.S.C. 426g), as a source of clean beach fill
    material to reinforce the stone revetment at Nantasket Beach, Hull,
    Massachusetts.
    SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW
    JERSEY.

    The Secretary shall--
    (1) nullify the determination of the North Atlantic Division
    of the Corps of Engineers that further activities to carry out
    the feasibility study for a project for flood risk management,
    Rahway, New Jersey, authorized by the resolution of the
    Committee on Transportation and Infrastructure of the House of
    Representatives adopted on March 24, 1998 (docket number 2548),
    is not warranted;
    (2) identify an acceptable alternative to the project
    described in paragraph (1) that could receive Federal support;
    and
    (3) carry out, and expedite the completion of, a feasibility
    study for the acceptable alternative identified under paragraph
    (2).
    SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.

    (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43 U.S.C.
    620a note) is amended by striking ``a total of two hundred thousand
    acre-feet of''.
    (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public
    Law 100-522 (43 U.S.C. 620a note) is amended--
    (1) by striking ``200,000 acre-feet of'';

    [[Page 2713]]

    (2) by inserting ``and San Juan-Chama project'' after ``Rio
    Grande system''; and
    (3) by striking ``, in lieu of the water storage authorized
    by section 5 of Public Law 97-140, to the extent that
    contracting entities under section 5 of Public Law 97-140 no
    longer require such storage''.

    (c) Water Storage.--The Secretary shall--
    (1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New
    Mexico, to the extent that the necessary real property interests
    have been acquired by any entity requesting such storage; and
    (2) amend the March 20, 1986, contract between the United
    States of America and the Albuquerque Bernalillo County Water
    Utility Authority (assigned by the City of Albuquerque, New
    Mexico to the Albuquerque Bernalillo County Water Utility
    Authority) for water storage space in Abiquiu Reservoir to allow
    for storage by the Albuquerque Bernalillo County Water Utility
    Authority of San Juan-Chama project water or native Rio Grande
    system water up to elevation 6230.00 NGVD29.

    (d) Storage Agreements With Users Other Than the Albuquerque
    Bernalillo County Water Utility Authority.--The Secretary shall--
    (1) retain or enter into new agreements with entities for a
    proportionate allocation of 29,100 acre-feet of storage space
    pursuant to section 5 of Public Law 97-140; and
    (2) amend or enter into new storage agreements for storage
    of San Juan-Chama project water or native Rio Grande system
    water up to the space allocated for each entity's proportionate
    share of San Juan-Chama water.

    (e) Operations Documents.--The Secretary shall amend or revise any
    existing operations documents, including the Water Control Manual or
    operations plan for Abiquiu Reservoir, as necessary to meet the
    requirements of this section.
    (f) Limitations.--In carrying out this section, the following
    limitations shall apply:
    (1) The storage of native Rio Grande system water shall be
    subject to the provisions of the Rio Grande Compact and the
    resolutions of the Rio Grande Compact Commission.
    (2) The storage of native Rio Grande system water shall only
    be authorized to the extent that the necessary water ownership
    and storage rights have been acquired by the entity requesting
    such storage.
    (3) The storage of native Rio Grande system water or San-
    Juan Chama project water shall not interfere with the authorized
    purposes of the Abiquiu Dam and Reservoir project.
    (4) Each user of storage space, regardless of source of
    water, shall pay for any increase in costs attributable to
    storage of that user's water.
    SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW
    YORK.

    (a) <>  In General.--The portion of the
    project for navigation, Flushing Bay and Creek, New York, authorized by
    the first section of the Act of March 3, 1905 (chapter 1482, 33 Stat.
    1120; 52 Stat. 803; 76 Stat. 1174), described in subsection (b) is no
    longer authorized beginning on the date of enactment of this Act.

    [[Page 2714]]

    (b) Portion Described.--The portion referred to in subsection (a) is
    the portion from river mile 2.5 to river mile 2.9, as bounded by--
    (1) the coordinates of--
    (A) Latitude North 40 45' 45.61'' Longitude West
    73 50' 20.19'';
    (B) Latitude North 40 45' 47.02'' Longitude West
    73 50' 10.80'';
    (C) Latitude North 40 45' 26.71'' Longitude West
    73 50' 10.85''; and
    (D) Latitude North 40 45' 26.72'' Longitude West
    73 50' 10.96''; and
    (2) the New York Long Island State Plane (US Survey Feet,
    NAD-83), as follows:
    (A) Easting x1028866.501 Northing y217179.294;
    (B) Easting x1029588.853 Northing y217322.675;
    (C) Easting x1029588.853 Northing y215267.486; and
    (D) Easting x1028964.587 Northing y215267.486.
    SEC. 339. <>  RUSH RIVER AND LOWER BRANCH
    RUSH RIVER, NORTH DAKOTA.

    (a) In General.--The portion of the comprehensive plan for flood
    control and other purposes in the Red River of the North drainage basin,
    North Dakota, South Dakota, and Minnesota, authorized by section 203 of
    the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176), consisting
    of clearing and rectification of the channel from mile 28.3 near Amenia
    to the mouth of the Rush River, known as Cass County Drain No. 12, is no
    longer authorized beginning on the date of enactment of this Act.
    (b) Lower Branch Rush River.--The project for flood control, Lower
    Branch Rush River, North Dakota, carried out under section 205 of the
    Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain
    No. 2, is no longer authorized beginning on the date of enactment of
    this Act.
    SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL
    COVE, RHODE ISLAND AND CONNECTICUT.

    Beginning <>  on the date of enactment of
    this Act, that portion of the project for navigation, Pawcatuck River,
    Little Narragansett Bay and Watch Hill Cove, Rhode Island and
    Connecticut, authorized by section 2 of the Act of March 2, 1945
    (chapter 19, 59 Stat. 13), consisting of a 10-foot-deep, 16-acre
    anchorage area in Watch Hill Cove is no longer authorized.
    SEC. 341. HARRIS COUNTY, TEXAS.

    Section <>  575 of the Water Resources Development
    Act of 1996 (110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
    SEC. 342. CAP SANTE WATERWAY, WASHINGTON.

    Beginning <>  on the date of enactment of
    this Act, the project for navigation, Cap Sante Waterway and Navigation
    Channel, Skagit County, Washington, authorized by the Act of March 2,
    1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize the portion
    of the project consisting of an approximately 334,434-foot area of the
    Federal channel within Anacortes Harbor inside and directly adjacent to
    the Federal breakwater and training wall structure, starting at a point
    with coordinates N557015.552, E1210819.619, thence running S88
    13'2.06''E approximately 200

    [[Page 2715]]

    feet to a point with coordinates N557009.330, E1211019.522, thence
    running S01 46'58.08''W approximately 578 feet to a point with
    coordinates N556431.405, E1211001.534, thence running S49 49'50.23''W
    approximately 69 feet to a point with coordinates N556387.076,
    E1210949.002, thence running S51 53'0.25''E approximately 35 feet to a
    point with coordinates N556365.662, E1210976.316, thence running S49
    38'58.48''W approximately 112 feet to a point with coordinates
    N556292.989, E1210890.775, thence running N88 13'1.87''W approximately
    109 feet to a point with coordinates N556296.367, E1210782.226, thence
    running S46 46'58.97''W approximately 141 feet to a point with
    coordinates N556199.527, E1210679.164, thence running N88 13'1.77''W
    approximately 700 feet to a point with coordinates N556221.305,
    E1209979.502, thence running N01 46'58.08''E approximately 250 feet to a
    point with coordinates N556471.184, E1209987.280, thence running S88
    13'1.77''E approximately 815 feet to a point with coordinates
    N556445.828, E1210801.886, thence running N01 46'58.08''E approximately
    570 feet to the point of origin.
    SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.

    Section 1119(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2347 note) is amended by striking ``owned or operated by the
    Secretary''.
    SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.

    Section 1203(g) of the Water Resources Development Act of 2018 (132
    Stat. 3805) is amended, in the matter preceding paragraph (1), by
    striking ``For fiscal years 2019 and 2020'' and inserting ``Until
    September 30, 2024''.
    SEC. 345. AQUATIC ECOSYSTEM RESTORATION.

    For <>  fiscal years 2021 through 2024, in
    carrying out section 206 of the Water Resources Development Act of 1996
    (33 U.S.C. 2330), the Secretary shall give priority to a project to
    restore and protect an aquatic ecosystem or estuary that--
    (1) is located in the South Platte River Basin;
    (2) is located on a body of water that is identified by the
    applicable State pursuant to section 303(d) of the Federal Water
    Pollution Control Act (33 U.S.C. 1313(d)) as being impaired;
    (3) has the potential to provide flood risk management and
    recreational benefits in addition to ecosystem restoration
    benefits; and
    (4) is located in a city with a population of 80,000 or
    less.
    SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.

    Section 1046(c)(3) of the Water Resources Reform and Development Act
    of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking ``12''
    and inserting ``16''.
    SEC. 347. <>  NO WAKE ZONES IN
    NAVIGATION CHANNELS.

    Section 1149 of the Water Resources Development Act of 2016 (33
    U.S.C. 1223 note) amended--
    (1) by striking ``recreational'' in each place it appears
    and inserting ``covered''; and

    [[Page 2716]]

    (2) by amending subsection (c) to read as follows:

    ``(c) Definitions.--In this section:
    ``(1) Covered navigation channel.--The term `covered
    navigation channel' means a navigation channel that--
    ``(A) is federally marked or maintained;
    ``(B) is part of the Atlantic Intracoastal Waterway;
    and
    ``(C) is adjacent to a marina.
    ``(2) Covered vessel.--The term `covered vessel' means a
    recreational vessel or an uninspected passenger vessel, as such
    terms are defined in section 2101 of title 46, United States
    Code.''.
    SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER
    BASIN.

    (a) Definition of Covered Contract.--In this section, the term
    ``covered contract'' means a contract between any local governmental
    entity and the Secretary for water supply storage in a Federal or non-
    Federal hydropower lake within the Arkansas River Basin.
    (b) <>  Limitation.--For any new covered
    contract for a hydropower lake that is entered into during the period
    beginning on the date of enactment of this Act and ending on December
    31, 2022, a local governmental entity shall not pay more than 110
    percent of the initial principal cost for the acre-feet being sought for
    the new covered contract for that hydropower lake.
    SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO
    CERTAIN CONTRACT CLAIMS.

    In <>  a case in which the Armed Services Board
    of Contract Appeals or other court of competent jurisdiction has
    rendered a decision during the period beginning on December 1, 2017, and
    ending on December 31, 2022, awarding damages to a contractor relating
    to the adjudication of claims arising from the construction of an
    authorized water resources development project, notwithstanding the
    terms of the Project Partnership Agreement, the Secretary shall waive
    payment of the share of the non-Federal interest of those damages,
    including attorney's fees, if--
    (1)(A) the contracting officer was instructed by the Corps
    of Engineers to modify the terms of the contract or terminate
    the contract; and
    (B) the Armed Services Board of Contract Appeals or other
    court of competent jurisdiction determined that the failure of
    the contracting officer to timely take the action described in
    subparagraph (A) was a material breach of the contract that
    resulted in damages to the contractor awarded by the Armed
    Services Board of Contract Appeals or the court, as applicable;
    or
    (2) the claims arose from construction of a project
    deauthorized under this title.
    SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.

    Section 322 of the Water Resources Development Act of 1990 (33
    U.S.C. 2324) is amended--
    (1) in subsection (b), by striking ``2,000,000'' and
    inserting ``3,000,000''; and
    (2) in subsection (g)--

    [[Page 2717]]

    (A) by striking the period at the end and inserting
    ``; or'';
    (B) by striking ``means a community'' and inserting
    the following: ``means--
    ``(1) a community''; and
    (C) by adding at the end the following:
    ``(2) a regional water system that serves a population of
    less than 100,000, for which the per capita income is less than
    the per capita income of not less than 50 percent of the
    counties in the United States.''.
    SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.

    Section 103(k) of the Water Resources Development Act of 1986 (33
    U.S.C. 2213) is amended--
    (1) by striking ``Except as'' and inserting the following:
    ``(1) In general.--Except as''; and
    (2) by adding at the end the following:
    ``(2) Renegotiation of terms.--
    ``(A) In general.--At the request of a non-Federal
    interest, the Secretary and the non-Federal interest may
    renegotiate the terms and conditions of an eligible
    deferred payment, including--
    ``(i) permitting the non-Federal contribution
    to be made without interest, pursuant to paragraph
    (1);
    ``(ii) recalculation of the interest rate;
    ``(iii) full or partial forgiveness of
    interest accrued during the period of
    construction; and
    ``(iv) a credit against construction interest
    for a non-Federal investment that benefits the
    completion or performance of the project or
    separable element.
    ``(B) Eligible deferred payment.--An eligible
    deferred payment agreement under subparagraph (A) is an
    agreement for which--
    ``(i) the non-Federal contribution was made
    with interest;
    ``(ii) the period of project construction
    exceeds 10 years from the execution of a project
    partnership agreement or appropriation of funds;
    and
    ``(iii) the construction interest exceeds
    $45,000,000.
    ``(3) <>  Credit for non-federal
    contribution.--
    ``(A) In general.--The Secretary is authorized to
    credit any costs incurred by the non-Federal interest
    (including in-kind contributions) to remedy a design or
    construction deficiency of a covered project or
    separable element toward the non-Federal share of the
    cost of the covered project, if the Secretary determines
    the remedy to be integral to the completion or
    performance of the covered project.
    ``(B) Credit of costs.--If the non-Federal interest
    incurs costs or in-kind contributions for a project to
    remedy a design or construction deficiency of a project
    or separable element which has a 100 percent Federal
    cost share, and the Secretary determines the remedy to
    be integral to the completion or performance of the
    project, the Secretary is authorized to credit such
    costs to any interest accrued on a deferred non-Federal
    contribution.
    ``(4) <>  Treatment of pre-payment.--
    Notwithstanding a deferred payment agreement with a non-Federal
    interest, the

    [[Page 2718]]

    Secretary shall accept, without interest of any type, the
    repayment of a non-Federal contribution for any eligible
    deferred payment described in paragraph (2)(B) for which--
    ``(A) the non-Federal interest makes a payment of at
    least $200 million for that eligible deferred payment
    agreement on or before September 30, 2021; and
    ``(B) the non-Federal interest repays the remaining
    principal by September 30, 2023.''.
    SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

    (a) Consistency With Reports.--Congress finds that the project
    modifications described in this section are in accordance with the
    reports submitted to Congress by the Secretary under section 7001 of the
    Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d),
    titled ``Report to Congress on Future Water Resources Development'', or
    have otherwise been reviewed by Congress.
    (b) Modifications.--
    (1) Sacramento area, california.--Section 219(f)(23) of the
    Water Resources Development Act of 1992 (106 Stat. 4835; 113
    Stat. 336; 117 Stat. 1840) is amended to read as follows:
    ``(23) Sacramento area, california.-- $45,000,000 for
    regional water conservation, recycling, reliability, and
    resiliency projects in Placer, El Dorado, and Sacramento
    Counties and the San Juan Suburban Water District,
    California.''.
    (2) South perris, california.--Section 219(f)(52) of the
    Water Resources Development Act of 1992 (106 Stat. 4835; 113
    Stat. 336; 114 Stat. 2763A-220) is amended by striking ``
    $25,000,000'' and inserting `` $50,000,000''.
    (3) Madison and st. clair counties, illinois.--Section
    219(f)(55) of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by
    striking `` $10,000,000'' and inserting `` $45,000,000''.
    (4) Southern and eastern kentucky.--Section 531 of the Water
    Resources Development Act of 1996 (110 Stat. 3773; 113 Stat.
    348; 117 Stat. 142; 121 Stat. 1226) is amended--
    (A) in subsection (g), by inserting ``Boyd, Carter,
    Elliott, Lincoln,'' after ``Lee,''; and
    (B) in subsection (h), by striking `` $40,000,000''
    and inserting `` $100,000,000''.
    (5) Desoto county, mississippi.--Section 219(f)(30) of the
    Water Resources Development Act of 1992 (106 Stat. 4835; 113
    Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257;
    122 Stat. 1623) is amended by striking `` $75,000,000'' and
    inserting `` $130,000,000''.
    (6) Jackson county, mississippi.--Section 219 of the Water
    Resources Development Act of 1992 (106 Stat. 4835; 110 Stat.
    3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
    (A) in subsection (c)(5), by striking ``water supply
    and'' and inserting ``water supply, projects for
    stormwater and drainage systems, and''; and
    (B) in subsection (e)(1), by striking ``
    $32,500,000'' and inserting `` $57,500,000''.
    (7) St. louis, missouri.--Section 219(f)(32) of the Water
    Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
    337; 121 Stat. 1233) is amended by striking `` $35,000,000'' and
    inserting `` $70,000,000''.

    [[Page 2719]]

    (8) Midwest city, oklahoma.--Section 219(f)(231) of the
    Water Resources Development Act of 1992 (106 Stat. 4835; 113
    Stat. 336; 121 Stat. 1266) is amended by striking ``
    $2,000,000'' and inserting `` $5,000,000''.
    (9) South central pennsylvania.--Section 313 of the Water
    Resources Development Act of 1992 (106 Stat. 4845; 109 Stat.
    407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat.
    1146) is amended--
    (A) in subsection (g)(1), by striking ``
    $200,000,000'' and inserting `` $400,000,000''; and
    (B) in subsection (h)(2), by inserting ``Beaver,
    Jefferson,'' after ``Washington,''.
    (10) Lakes marion and moultrie, south carolina.--Section
    219(f)(25) of the Water Resources Development Act of 1992 (106
    Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838;
    130 Stat. 1677; 132 Stat. 3818) is amended by striking ``
    $89,550,000'' and inserting `` $110,000,000''.
    (11) El paso county, texas.--Section 219(f)(269) of the
    Water Resources Development Act of 1992 (106 Stat. 4835; 113
    Stat. 336; 121 Stat. 1268) is amended by striking ``
    $25,000,000'' and inserting `` $75,000,000''.
    (12) Western rural water.--Section 595 of the Water
    Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139;
    117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219;
    123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is amended--
    (A) by striking the section heading and inserting
    ``western rural water.'';
    (B) in subsection (b), by inserting ``Arizona,''
    before ``rural Idaho'';
    (C) in subsection (c), by inserting ``Arizona,''
    before ``Idaho''; and
    (D) in subsection (i), by striking ``for the period
    beginning with fiscal year 2001, $435,000,000, to remain
    available until expended.'' and inserting the following:
    ``, to remain available until expended--
    ``(1) <>  for the period beginning with
    fiscal year 2001, $435,000,000 for Idaho, Montana, rural Nevada,
    New Mexico, rural Utah, and Wyoming; and
    ``(2) $150,000,000 for Arizona.''.
    (13) Central west virginia.--Section 571(h) of the Water
    Resources Development Act of 1999 (113 Stat. 371; 121 Stat.
    1257) is amended by striking `` $20,000,000'' and inserting ``
    $100,000,000''.
    (14) Southern west virginia.--Section 340(g) of the Water
    Resources Development Act of 1992 (106 Stat. 4856; 110 Stat.
    3727; 113 Stat. 320) is amended by striking `` $40,000,000'' and
    inserting `` $120,000,000''.

    (c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the
    Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat.
    1205) is amended by striking ``15'' and inserting ``20''.
    (d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water
    Resources Development Act of 2018 (132 Stat. 3821) is amended by
    striking ``December 31, 2021'' and inserting ``September 30, 2024''.

    [[Page 2720]]

    SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.

    (a) <>  Water Supply.--The following project
    modifications for water supply, as identified in the report entitled
    ``Report to Congress on Future Water Resources Development'' dated
    February 2019, and submitted to Congress on June 3, 2019, pursuant to
    section 7001 of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282d) or otherwise reviewed by Congress, are authorized to
    be carried out by the Secretary substantially in accordance with the
    recommendations included in such report pursuant to section 301(c) of
    the Water Supply Act of 1958 (43 U.S.C. 390b(c)) and as follows:
    (1) Clarence cannon dam and mark twain lake project, salt
    river, missouri.--
    (A) In general.--The project for Clarence Cannon Dam
    and Mark Twain Lake Project, Salt River, Missouri,
    authorized by section 203 of the Flood Control Act of
    1962 (76 Stat. 1189; 79 Stat. 1089; 95 Stat. 1684), is
    modified to release 5,600 acre-feet of future use water
    supply storage to the Federal Government under water
    supply contract No. DACW43-88-C-0036, and future
    financial obligations for such volume of storage.
    (B) Relief of certain obligations.--Upon execution
    of the amendment required by subparagraph (C), the State
    of Missouri shall be relieved of the obligation to pay
    the percentage of the annual operation and maintenance
    expense, the percentage of major replacement cost, and
    the percentage of major rehabilitation costs, of the
    joint use facilities of the project described in
    subparagraph (A), that are attributable to water supply
    storage space not being used by the State during the
    period before the State commences use of the storage
    space.
    (C) Amendment to contract.--The Secretary shall
    amend Water Supply Contract No. DACW43-88-C-0036, dated
    March 10, 1988, between the United States and the State
    of Missouri, to implement the modifications required
    under subparagraphs (A) and (B).
    (2) City of plattsburg.--
    (A) In general.--The project for Smithville Lake,
    Missouri, authorized pursuant to section 204 of the
    Flood Control Act of 1965 (79 Stat. 1080), is modified
    to release the City of Plattsburg, Missouri, from--
    (i) 8,850 acre-feet of future water supply
    storage contracts; and
    (ii) future financial obligations for the
    volume of storage described in clause (i).
    (B) Amendment to contract.--The Secretary shall
    amend water supply contract No. DACW41-73-C-0008,
    between the United States and the State of Missouri, to
    implement the modifications under subparagraph (A).
    (3) City of smithville.--
    (A) In general.--The project for Smithville Lake,
    Missouri, authorized pursuant to section 204 of the
    Flood Control Act of 1965 (79 Stat. 1080), is modified
    to release the City of Smithville, Missouri, from--
    (i) 6,000 acre-feet of future water supply
    storage contracts; and

    [[Page 2721]]

    (ii) future financial obligations for the
    volume of storage described in clause (i).
    (B) Amendment to contract.--The Secretary shall
    amend water supply contract No. DACW-41-73-C-0007,
    between the United States and the State of Missouri, to
    implement the modifications under subparagraph (A).

    (b) <>  Flood Risk Management.--The following
    project modifications for flood risk management, as identified in a
    report entitled ``Report to Congress on Future Water Resources
    Development'', and submitted to Congress pursuant to section 7001 of the
    Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress, are authorized to be carried out by the
    Secretary:
    (1) Modification of the project for flood risk management,
    lower Mississippi River, authorized by the Act of May 15, 1928
    (chapter 569, 45 Stat. 534), to incorporate the Wolf River
    Backwater and Nonconnah Creek levee systems into the project,
    authorized by section 5 of the Act of June 22, 1936 (chapter
    688, 49 Stat. 1575; 50 Stat. 881), subject to the determination
    of the Secretary that such systems meet all requirements
    applicable to such project.
    (2) <>  Modification of the project
    for flood risk management, Red River below Denison Dam,
    Arkansas, Louisiana, and Texas, authorized by the Act of June
    28, 1938 (chapter 795, 52 Stat. 1219), to incorporate the
    Cherokee Park Levee into the project, subject to the
    determination of the Secretary that such levee meets all
    requirements applicable to such project.
    SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.

    (a) <>  Expedited Completions.--
    (1) Upper snake river basin.--The Secretary shall expedite,
    in coordination with State, Tribal, and local authorities, the
    completion of maintenance and repair activities for those
    elements of the levee systems in the Upper Snake River Basin,
    authorized pursuant to the Flood Control Act of 1950 (64 Stat.
    179), that are operated and maintained by the Secretary.
    (2) Lower missouri river basin.--The Secretary shall
    expedite, in coordination with State and local authorities and
    stakeholders, the completion of maintenance and repair
    activities for those elements of the levee systems in the Lower
    Missouri River Basin, authorized pursuant to the Pick-Sloan
    Missouri River Basin Program (authorized by section 9(b) of the
    Act of December 22, 1944 (chapter 665, 58 Stat. 891)) or the
    Missouri River Bank Stabilization and Navigation project
    (authorized by section 2 of the Act of March 2, 1945 (chapter
    19, 59 Stat. 19)), that are operated and maintained by the
    Secretary.
    (3) Coos bay north jetty system, oregon.--The Secretary
    shall expedite, in coordination with State and local authorities
    and stakeholders, the completion of maintenance and repair
    activities for those elements of the Coos Bay North Jetty
    system, Oregon, authorized by the first section of the Act of
    January 21, 1927 (chapter 47, 44 Stat. 1014), that are operated
    and maintained by the Secretary.
    (4) Indian river inlet and bay, delaware.--The Secretary
    shall expedite, in coordination with State and local
    authorities, the completion of maintenance and repair activities

    [[Page 2722]]

    for the elements of the project for navigation, Indian River
    Inlet and Bay, Delaware, authorized by the Act of August 26,
    1937 (chapter 832, 50 Stat. 846), that are operated and
    maintained by the Secretary.

    (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to comply with the requirements of any
    Federal law in carrying out the activities required to be expedited by
    this section.
    SEC. 355. PROJECT REAUTHORIZATIONS.

    (a) In General.--
    (1) Muddy river, massachusetts.--The separable elements for
    ecosystem restoration of the project for flood damage reduction
    and environmental restoration, Muddy River, Brookline and
    Boston, Massachusetts, authorized by section 522 of the Water
    Resources Development Act of 2000 (114 Stat. 2656), and
    deauthorized pursuant to section 6001 of the Water Resources
    Reform and Development Act of 2014 (128 Stat. 1345), are
    authorized to be carried out by the Secretary, subject to
    subsection (b).
    (2) East chester creek, new york.--Notwithstanding section
    1001 of the Water Resources Development Act of 1986 (33 U.S.C.
    579a), the project for navigation, East Chester Creek, New York,
    authorized by section 101 of the River and Harbor Act of 1950
    (64 Stat. 164; 100 Stat. 4181), and deauthorized pursuant to
    section 1001 of the Water Resources Development Act of 1986 (33
    U.S.C. 579(a)), is authorized to be carried out by the
    Secretary, subject to subsection (b).
    (3) Christiansted harbor, united states virgin islands.--
    Notwithstanding section 1002 of the Water Resources Development
    Act of 1986 (100 Stat. 4221), the portion of the project for
    navigation, Christiansted Harbor, St. Croix, United States
    Virgin Islands, authorized by section 101 of the River and
    Harbor Act of 1950 (64 Stat. 167), and deauthorized under
    section 1002 of the Water Resources Development Act of 1986 (100
    Stat. 4221), is authorized to be carried out by the Secretary,
    subject to subsection (b).
    (4) Charlotte amalie (st. thomas) harbor, united states
    virgin islands.--Notwithstanding section 1002 of the Water
    Resources Development Act of 1986 (100 Stat. 4221), the portion
    of the project for navigation, Charlotte Amalie (St. Thomas)
    Harbor, St. Thomas, United States Virgin Islands, authorized by
    the Act of August 26, 1937 (chapter 832, 50 Stat. 850), and
    deauthorized under section 1002 of the Water Resources
    Development Act of 1986 (100 Stat. 4221), is authorized to be
    carried out by the Secretary, subject to subsection (b).

    (b) Report to Congress.--The Secretary shall complete and submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of the
    Senate a post-authorization change report (as such term is defined in
    section 1132(d) of the Water Resources Development Act of 2016 (33
    U.S.C. 2282e(d)) prior to carrying out a project identified in
    subsection (a).
    SEC. 356. CONVEYANCES.

    (a) Generally Applicable Provisions.--

    [[Page 2723]]

    (1) <>  Survey to obtain legal
    description.--The exact acreage and the legal description of any
    real property to be conveyed under this section shall be
    determined by a survey that is satisfactory to the Secretary.
    (2) Applicability of property screening provisions.--Section
    2696 of title 10, United States Code, shall not apply to any
    conveyance under this section.
    (3) Costs of conveyance.--An entity to which a conveyance is
    made under this section shall be responsible for all reasonable
    and necessary costs, including real estate transaction and
    environmental documentation costs, associated with the
    conveyance.
    (4) Liability.--An entity to which a conveyance is made
    under this section shall hold the United States harmless from
    any liability with respect to activities carried out, on or
    after the date of the conveyance, on the real property conveyed.
    The United States shall remain responsible for any liability
    with respect to activities carried out, before such date, on the
    real property conveyed.
    (5) Additional terms and conditions.--The Secretary may
    require that any conveyance under this section be subject to
    such additional terms and conditions as the Secretary considers
    necessary and appropriate to protect the interests of the United
    States.

    (b) Eufaula, Alabama.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the City of Eufaula, Alabama, all right, title, and interest of
    the United States in and to the real property described in the
    Department of the Army Lease No. DACW01-2-17-0747, containing
    56.76 acres, more or less, and being a part of Tracts L-1268
    (26.12 acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and
    L1279 (10.36 acres) of the Walter F. George Lock and Dam and
    Lake project.
    (2) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (3) <>  Consideration.--The City of
    Eufaula, Alabama, shall pay to the Secretary an amount that is
    not less than the fair market value of the property conveyed
    under this subsection, as determined by the Secretary.

    (c) Montgomery, Alabama.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the City of Montgomery, Alabama, all right, title, and interest
    of the United States in and to the real property described in
    paragraph (2).
    (2) Property.--The property to be conveyed is the 62.38
    acres of land and water under the primary jurisdiction of the
    Secretary in the R.E. ``Bob'' Woodruff Project Area that is
    covered by lease number DACW01-1-05-0037, including the parcels
    and structure known as ``Powder Magazine''.
    (3) Deadline.--To the extent practicable, the Secretary
    shall complete the conveyance under this subsection by not later
    than 180 days after the date of enactment of this Act.
    (4) <>  Deed.--The Secretary shall
    convey the property under this subsection by quitclaim deed
    under such terms and conditions as the Secretary determines
    appropriate to protect the

    [[Page 2724]]

    interests of the United States, to include retaining the right
    to inundate with water any land transferred under this
    subsection.
    (5) <>  Consideration.--The City of
    Montgomery, Alabama, shall pay to the Secretary an amount that
    is not less than the fair market value of the property conveyed
    under this subsection, as determined by the Secretary.

    (d) Conveyance of Wilmington Harbor North Disposal Area, Delaware.--
    (1) In general.--As soon as practicable, the Secretary shall
    complete the conveyance of the Wilmington Harbor North Disposal
    Area confined disposal facility, Delaware, to the State of
    Delaware.
    (2) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (3) <>  Consideration.--The State of
    Delaware shall pay to the Secretary an amount that is not less
    than the fair market value of the property conveyed under this
    subsection, as determined by the Secretary.

    (e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the Massac-Metropolis Port District, Illinois, all right, title,
    and interest of the United States in and to any real property
    located north of the south bank of the Ohio River in Massac
    County, Illinois, that is associated with the Ohio River Lock
    and Dam 52.
    (2) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (3) <>  Consideration.--The Massac-
    Metropolis Port District, Illinois, shall pay to the Secretary
    an amount that is not less than fair market value of the
    property conveyed under this subsection, as determined by the
    Secretary.

    (f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
    (1) Conveyance authorized.--As soon as practicable after the
    date of enactment of this Act, the Secretary shall, upon
    request--
    (A) convey, without consideration, to the City of
    Minneapolis, Minnesota, or its designee, all or
    substantially all of the real property owned by the
    United States adjacent to or in the vicinity of the
    Upper St. Anthony Falls Lock and Dam, subject to the
    right of the Secretary to retain any easements in such
    property solely to the extent necessary to continue to
    operate and maintain the Upper St. Anthony Falls Lock
    and Dam; and
    (B) provide, without consideration, to the City or
    its designee--
    (i) access and use rights by license,
    easement, or similar agreement, to any real
    property and structures at the site of the Upper
    St. Anthony Falls Lock and Dam that is not
    conveyed under subparagraph (A); and

    [[Page 2725]]

    (ii) for any such property retained by the
    Secretary, exclusive license or easement over such
    property to allow the City or its designee to
    construct, use, and operate amenities thereon, and
    to utilize such property as a comprehensive
    recreational, touristic, and interpretive
    experience.
    (2) Ownership and operation of lock and dam.--Ownership
    rights to the Upper St. Anthony Falls Lock and Dam shall not be
    conveyed under this subsection, and the Secretary shall retain
    all rights to operate and maintain the Upper St. Anthony Falls
    Lock and Dam.
    (3) <>  Reversion.--If the Secretary
    determines that the property conveyed under this subsection is
    not used for a public purpose, all right, title, and interest in
    and to the property shall revert, at the discretion of the
    Secretary, to the United States.
    (4) Upper st. anthony falls lock and dam defined.--In this
    subsection, the term ``Upper St. Anthony Falls Lock and Dam''
    means the lock and dam located on Mississippi River Mile 853.9
    in Minneapolis, Minnesota.

    (g) Clinton, Missouri.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the City of Clinton, Missouri, without consideration, all right,
    title, and interest of the United States in and to the real
    property described in paragraph (2).
    (2) Property.--The property to be conveyed is a tract of
    land situated in the S \1/2\ of Section 12 and the N \1/2\ of
    Section 13, Township 41 North, Range 26 West of the Fifth
    Principal Meridian, Henry County, Missouri, more particularly
    described as follows: Beginning at the point of intersection of
    the north line of said S \1/2\ of Section 12 and the easterly
    right-of-way of State Highway No. 13; thence easterly along the
    north line of said S \1/2\ to the northeast corner of the W \1/
    2\ NW \1/4\ NE \1/4\ SW \1/4\ of said Section 12; thence
    southerly along the east line of said W \1/2\ NW \1/4\ NE \1/4\
    SW \1/4\ to the southeast corner thereof; thence easterly along
    the north line of the S \1/2\ NE \1/4\ SW \1/4\ of said Section
    12 to the southwest corner of the W \1/2\ NW \1/4\ NW \1/4\ SE
    \1/4\ of said Section 12; thence in a northeasterly direction to
    the northeast corner of said W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\
    ; thence easterly along the north line of said S \1/2\ to the
    westerly right-of-way of the County Road; thence in a
    southeasterly and southerly direction along the westerly right-
    of-way of said County Road approximately 2500 feet to the center
    of Deer Creek; thence in a southwesterly direction along the
    center of said Deer Creek, approximately 3900 feet to the south
    line of said N \1/2\ of Section 13; thence westerly along the
    south line of said N \1/2\ to the easterly right-of-way line of
    the St. Louis-San Francisco Railroad; thence in a northwesterly
    direction along the easterly right-of-way of said railroad to
    the easterly right-of-way of said State Highway No. 13; thence
    in a northeasterly direction along the easterly right-of-way of
    said State Highway No. 13 to the point of the beginning; and
    including a roadway easement for ingress and egress, described
    as a strip of land 80 feet in width, lying 40 feet on each side
    of the following described line, the initial extremities of the
    following described strip being extended or reduced as required

    [[Page 2726]]

    to exactly adjoin the boundary lines which they meet, situated
    in the S \1/2\ of Section 12, Township 41 North Range 26 West of
    the Fifth Principal Meridian, Henry County, Missouri, more
    particularly described as follows: Commencing at the center of
    said Section 12, thence Sl24'56''W, 1265.52 feet to a point,
    thence N8829'02''W, 483.97 feet to the point of beginning of
    the strip of land herein described; thence in a northeasterly
    direction along a curve to the right, said curve having an
    initial tangent bearing of N344'4l''E, a radius of 238.73 feet
    and an interior angle of 6129'26'', an arc distance of 256.21
    feet to a point; thence N6514'07''E 218.58 feet to a point;
    thence in a northeasterly direction along a curve to the left,
    having a radius of 674.07 feet and an interior angle of
    3600'01'', an arc distance of 423.53 feet to a point; thence
    N2914'07''E, 417.87 feet to a point; thence northeasterly along
    a curve to the right, having a radius of 818.51 feet and an
    interior angle of 1430'01'', an arc distance of 207.15 feet to
    a point; thence N4344'07''E, 57.00 feet to the southerly right-
    of-way line of a county road, containing 2,948 acres, more or
    less; Excluding therefrom a tract of land situated in the S \1/
    2\ of said Section 12, said Township and Range, described as
    commencing at the center of said Section 12; thence S124'56''W,
    1265.52 feet to the point of beginning of the tract of land
    herein described; thence N8829'02''W, 1122.50 feet; thence
    S143'26''W, 872.62 feet; thence S8829'02''E, 1337.36 feet;
    thence Nl43'26''E, 872.62 feet; thence N8829'02''W, 214.86
    feet to the point of beginning, containing 26.79 acres, more or
    less. The above described tract contains, in the aggregate,
    177.69 acres, more or less.
    (3) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (4) <>  Reversion.--If the Secretary
    determines that the property conveyed under this subsection is
    not being used for a public purpose, all right, title, and
    interest in and to the property shall revert, at the discretion
    of the Secretary, to the United States.

    (h) City of Clinton, Old Orchard Addition, Missouri.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the City of Clinton, Missouri, all right, title, and interest of
    the United States in and to the real property described in
    paragraph (2).
    (2) Property.--The property to be conveyed is Lot 28 in Old
    Orchard Addition, a subdivision of the City of Clinton, Henry
    County, Missouri, containing 0.36 acres, more or less, including
    any improvements thereon.
    (3) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States, including such reservations,
    terms, and conditions as the Secretary determines necessary to
    allow the United States to operate and maintain the Harry S.
    Truman Reservoir Project.
    (4) <>  Consideration.--The City of
    Clinton, Missouri, shall pay to the Secretary an amount that is
    not less than the

    [[Page 2727]]

    fair market value of the property conveyed under this
    subsection, as determined by the Secretary.

    (i) Tri-County Levee District, Missouri.--
    (1) Conveyance authorized.--The Secretary shall convey to
    the Tri-County Levee District, Missouri, all right, title, and
    interest of the United States in and to the real property
    described in paragraph (2).
    (2) Property.--The property to be conveyed is the part of
    Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M.
    in Montgomery County, Missouri, described as follows: A tract of
    land being 60' wide and lying South and East of and adjoining
    the centerline of the existing levee and being described as
    follows: Commencing at the NW corner of Section 12, thence S 87
    52' 35'' E 587.4', thence S 01 29' 25'' W 453.68' to the point
    of the beginning; said point being in the center of the levee,
    thence with the centerline of the levee N 77 01' 30'' E
    164.92', thence N 74 26' 55'' E 250.0', thence N 72 27' 55'' E
    270.0', thence N 69 06' 10'' E 300.0', thence N 66 42' 15'' E
    500.0', thence N 64 14' 30'' E 270.0', thence N 61 09' 10'' E
    800.0', thence N 60 58' 15'' E 1724.45', thence leaving the
    centerline S 01 10' 35'' W 69.43', thence parallel with the
    above described centerline S 60 58' 15'' W 1689.62', thence S
    61 09' 10'' W 801.71', thence S 64 14' 30'' W 272.91', thence
    S 66 42' 15'' W 502.55', thence S 69 06' 10'' W 303.02',
    thence S 72 27' 55'' W 272.8', thence S 74 26' 55'' W 252.39',
    thence S 77 01' 30'' W 181.75', thence leaving the South side
    of the levee N 01 26' 25'' E 61.96' to the point of beginning
    and containing 5.89 acres more or less.
    (3) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (4) <>  Consideration.--The Tri-County
    Levee District, Missouri, shall pay to the Secretary an amount
    that is not less than the fair market value of the property
    conveyed under this subsection, as determined by the Secretary.

    (j) Judge Joseph Barker, Jr., House, Ohio.--
    (1) <>  Non-federal entity.--In this
    subsection, the term ``non-Federal entity'' means the Friends of
    Joseph Barker, Jr., House, a nonprofit organization in the State
    of Ohio.
    (2) Conveyance authorized.--
    (A) In general.--Subject to paragraph (6), the
    Secretary shall convey to the non-Federal entity,
    without consideration, all right, title, and interest of
    the United States in and to the property described in
    paragraph (3)(A).
    (B) Easement.--Upon conveyance of the property under
    subparagraph (A), the Secretary shall provide to the
    non-Federal entity, without consideration, an easement
    over the property described in paragraph (3)(B) for
    access to the conveyed property for as long as the non-
    Federal entity is in legal possession of the conveyed
    property.
    (3) Descriptions of property.--
    (A) In general.--The property referred to in
    paragraph (2)(A) is the following (as in existence on
    the date of enactment of this Act):

    [[Page 2728]]

    (i) Judge joseph barker, jr., house.--The
    tract of land situated in the State of Ohio,
    Washington County, on the Ohio River, and being
    particularly bounded and described as follows:
    Beginning at a point located on the southern
    right-of-way line of Ohio Route 7, a new corner to
    the land now or formerly owned by the United
    States of America; thence, leaving the right-of-
    way of said Route 7 and severing the land of said
    United States of America parallel to and
    approximately 10 feet easterly of the toe of the
    existing dredge disposal berm, southeasterly
    approximately 326 feet to a point prior to the
    current Corps of Engineers access to the dredging
    spoil area; thence, northeasterly approximately
    480 feet paralleling the top of the slope to the
    riverbank side of the house and approximately 25
    feet northerly therefrom; thence, northwest
    approximately 302 feet to a point in the southern
    right-of-way of Ohio Route 7; thence with the
    right-of-way of said Route 7, southwesterly
    approximately 485 feet to the point of beginning,
    containing approximately 3.51 acres.
    (ii) Road tract.--The tract of land situated
    in the State of Ohio, Washington County, on the
    Ohio River, and being particularly bounded and
    described as follows: Beginning at a point located
    on the southern right-of-way line of Ohio Route 7,
    a new corner to the land now or formerly owned by
    the United States of America; thence, leaving the
    right-of-way of said Route 7 and severing the land
    of said United States of America and with the
    House Parcel southeasterly 25 feet; thence,
    northeast, running parallel to said Route 7 right-
    of-way, approximately 994 feet to a point of
    deflection; thence northeasterly 368 feet to a
    point beyond the existing fence corner; thence,
    east 140 feet to the edge of the existing Willow
    Island access road; thence with said access road,
    northwesterly approximately 62 feet to a point in
    the southern right-of-way of Ohio Route 7; thence
    with the right-of-way of said Route 7,
    southwesterly approximately 1,491 feet to the
    point of beginning, containing approximately 1
    acre.
    (B) Easement.--The property referred to in paragraph
    (2)(B) is the following: The tract of land situated in
    the State of Ohio, Washington County, on the Ohio River,
    and being particularly bounded and described as follows:
    Beginning at a point at the intersection of the southern
    right-of-way of Ohio Route 7 and the northeast side of
    the existing Willow Island access road, a new corner to
    the land now or formerly owned by the United States of
    America; thence, southwest, running with said Route 7
    right-of-way, approximately 30 feet to a point on the
    southwest side of the existing access road, and corner
    to the road tract; thence with said access road and the
    line of the road parcel, southeasterly approximately 62
    feet to a point; thence leaving the road parcel and
    crossing the existing access road northeasterly
    approximately 30 feet to a point located on the
    northeast side of the existing

    [[Page 2729]]

    access road; thence, northwesterly approximately 62
    feet, to the point of beginning, containing
    approximately 0.04 acre.
    (4) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (5) <>  Reversion.--If the Secretary
    determines that the property conveyed under this subsection is
    not being used by the non-Federal entity for a public purpose,
    all right, title, and interest in and to the property shall
    revert, at the discretion of the Secretary, to the United
    States.
    (6) Requirements.--
    (A) Improvements; environmental assessment.--
    (i) <>  Improvements.--
    The Secretary shall make such improvements and
    alterations to the property described in paragraph
    (3)(A)(i) as the Secretary, in consultation with
    the non-Federal entity and relevant stakeholders,
    determines to be appropriate to facilitate
    conveyance of the property and provision of the
    easement under this subsection.
    (ii) Environmental assessment.--Before making
    a conveyance under paragraph (2), the Secretary
    shall--
    (I) <>
    conduct, with respect to the property to
    be conveyed, an assessment of the
    environmental condition of the property,
    including an investigation of any
    potential hazardous, toxic, or
    radioactive waste present on such
    property; and
    (II) <>  submit to
    the non-Federal entity a report
    describing the results of such
    assessment.
    (iii) Limitation.--The total cost of the
    activities carried out by the Secretary under this
    subparagraph shall be not more than $120,000.
    (B) Refusal by non-federal entity.--
    (i) In general.--Upon review by the non-
    Federal entity of the report under subparagraph
    (A)(ii), the non-Federal entity may elect to
    refuse the conveyance under this subsection.
    (ii) Election.--An election under clause (i)--
    (I) shall be at the sole discretion
    of the non-Federal entity; and
    (II) <>  shall be
    made by the non-Federal entity by not
    later than the date that is 30 days
    after the date of submission of the
    report under subparagraph (A)(ii)(II).
    (C) Dredged material placement activities.--The
    Secretary shall--
    (i) <>
    notify and coordinate with the non-Federal entity
    and relevant stakeholders before carrying out any
    dredged material placement activities associated
    with the property described in paragraph (3)(A)
    after the date on which such property is conveyed
    under this subsection; and

    [[Page 2730]]

    (ii) in carrying out a dredged material
    placement activity under clause (i), act in
    accordance with Engineer Manual EM 1110-2-5025 (or
    a subsequent version of that manual).
    (7) <>  Reservation of rights.--The
    Secretary may reserve and retain from any conveyance under this
    subsection a right-of-way or any other right that the Secretary
    determines to be necessary for the operation and maintenance of
    the authorized Federal channel along the Ohio River.
    (8) Treatment.--Conveyance to the non-Federal entity under
    this subsection of property described in paragraph (3)(A)(i)
    shall satisfy all obligations of the Secretary with respect to
    such property under--
    (A) section 306101 of title 54, United States Code;
    and
    (B) section 306108 of title 54, United States Code,
    with respect to the effects on the property of dredged
    material placement activities carried out by the
    Secretary after the date of the conveyances.
    (9) Inapplicability.--Subtitle I of title 40, and chapter 4
    of title 41, United States Code shall not apply to any
    conveyance or easement provided under this subsection.

    (k) Leaburg Fish Hatchery, Lane County, Oregon.--
    (1) Conveyance authorized.--Subject to the provisions of
    this subsection, the Secretary shall convey, without
    consideration, to the State of Oregon, acting through the Oregon
    Department of Fish and Wildlife, all right, title, and interest
    of the United States in and to the real property comprising the
    Leaburg Fish Hatchery, consisting of approximately 21.55 acres,
    identified as tracts Q-1500, Q-1501E, and 300E-1 and described
    in Department of the Army Lease No. DACW57-1-18-0009, together
    with any improvements on the property.
    (2) Water rights.--The Secretary may transfer to the State
    of Oregon, acting through the Oregon Department of Fish and
    Wildlife, any water rights held by the United States that are
    appurtenant to the property conveyed under this subsection.
    (3) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States, including a condition that
    all of the property conveyed under this subsection be used and
    maintained by the State of Oregon for the purpose of operating a
    fish hatchery in perpetuity.
    (4) <>  Reversion.--If the Secretary
    determines that the property conveyed under this subsection is
    not being used or maintained by the State of Oregon for the
    purpose of operating a fish hatchery in perpetuity, all or any
    portion of the property, including any water rights transferred
    under this subsection, shall, at the option of the Secretary,
    revert to the United States.
    (5) Savings clause.--If the State of Oregon does not accept
    the conveyance under this subsection, the Secretary may dispose
    of the property, including appurtenant water rights, under
    subchapter III of chapter 5 of title 40, United States Code.

    (l) Willamette Falls Locks, Willamette River, Oregon.--
    (1) Definitions.--In this section:

    [[Page 2731]]

    (A) Real estate appendix.--The term ``real estate
    appendix'' means Appendix A of the document published by
    the District Commander of the Portland District of the
    Corps of Engineers, titled ``Willamette Falls Locks
    Willamette River Oregon Section 216 Disposition Study
    with Integrated Environmental Assessment''.
    (B) <>  Receiving entity.--The
    term ``receiving entity'' means an entity identified by
    the State of Oregon, in consultation with the Willamette
    Falls Locks Commission, to receive the conveyance under
    paragraph (2).
    (C) Willamette falls locks project.--The term
    ``Willamette Falls Locks project'' means the project for
    navigation, Willamette Falls Locks, Willamette River,
    Oregon, authorized by the Act of June 25, 1910 (36 Stat.
    664, chapter 382).
    (D) Willamette falls locks report.--The term
    ``Willamette Falls Locks report'' means the memorandum
    of the Director of Civil Works with the subject
    ``Willamette Falls Locks (WFL), Willamette River Oregon
    Section 216 Disposition Study with Integrated
    Environmental Assessment (Study)'', dated July 11, 2019.
    (2) Conveyance authorized.--The Secretary is authorized to
    convey to the receiving entity, without consideration, all
    right, title, and interest of the United States in and to any
    land in which the Federal Government has a property interest for
    the Willamette Falls Locks project, together with any
    improvements on the land, subject to the requirements of this
    subsection and in accordance with the Willamette Falls Locks
    report.
    (3) Deed.--The Secretary shall convey the property under
    this subsection by quitclaim deed under such terms and
    conditions as the Secretary determines appropriate to protect
    the interests of the United States.
    (4) Subject to existing easements and other interests.--The
    conveyance of property under paragraph (2) shall be subject to
    all existing deed reservations, easements, rights-of-way, and
    leases that are in effect as of the date of the conveyance.
    (5) <>  Reversion.--If the Secretary
    determines that the property conveyed under this subsection
    cease to be held in public ownership, all right, title, and
    interest in and to the property shall revert, at the discretion
    of the Secretary, to the United States.
    (6) Requirements before conveyance.--
    (A) Perpetual road easement.--Before making the
    conveyance under paragraph (2), the Secretary shall
    acquire a perpetual road easement from an adjacent
    property owner for use of an access road, which easement
    shall convey with the property conveyed under such
    paragraph.
    (B) <>  Environmental
    compliance.--Before making the conveyance under
    paragraph (2), in accordance with the real estate
    appendix, the Secretary shall complete a Phase 1
    Environmental Site Assessment pursuant to the
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 (42 U.S.C. 9601 et seq.).

    [[Page 2732]]

    (C) <>  Historic preservation.--
    The Secretary may enter into a memorandum of agreement
    with the Oregon State Historic Preservation Office and
    the Advisory Council on Historic Preservation that
    identifies actions the Secretary shall take before
    making the conveyance under paragraph (2).
    (D) Repairs.--Before making the conveyance under
    paragraph (2), the Secretary shall carry out repairs to
    address primary seismic and safety risks in accordance
    with the recommendations approved in the Willamette
    Falls Locks report.
    (7) <>  Deauthorization.--Beginning
    on the date on which the Secretary makes the conveyance under
    paragraph (2), the Willamette Falls Locks project is no longer
    authorized.
    SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.

    Section 3133(b) of the Water Resources Development Act of 2007 (121
    Stat. 1141) is amended by adding at the end the following:
    ``(5) Termination.--The committee shall terminate on the
    date that is 30 days after the date on which the committee
    submits final recommendations to the Secretary.''.
    SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.

    (a) In General.--Section 705 of the Water Resources Development Act
    of 2000 (114 Stat. 2696) is repealed.
    (b) Conforming Amendments.--
    (1) Purposes.--Section 702(b)(3) of the Water Resources
    Development Act of 2000 (114 Stat. 2695) is amended by inserting
    ``prepared under section 705(e) (as in effect on the day before
    the date of enactment of the Water Resources Development Act of
    2020)'' before the period at the end.
    (2) Definitions.--Section 703 of the Water Resources
    Development Act of 2000 (114 Stat. 2695) is amended--
    (A) by striking paragraphs (2) and (4); and
    (B) by redesignating paragraphs (3) and (5) as
    paragraphs (2) and (3), respectively.
    SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.

    (a) In General.--Section 905 of the Water Resources Development Act
    of 2000 (114 Stat. 2709) is repealed.
    (b) Conforming Amendments.--
    (1) Purposes.--Section 902(b)(3) of the Water Resources
    Development Act of 2000 (114 Stat. 2708) is amended by inserting
    ``prepared under section 905(e) (as in effect on the day before
    the date of enactment of the Water Resources Development Act of
    2020)'' before the period at the end.
    (2) Definitions.--Section 903 of the Water Resources
    Development Act of 2000 (114 Stat. 2708) is amended--
    (A) by striking paragraphs (2) and (4); and
    (B) by redesignating paragraphs (3) and (5) as
    paragraphs (2) and (3), respectively.
    SEC. 360. <>  CONFORMING AMENDMENTS.

    (a) Section 710 of the Water Resources Development Act of 1986 (33
    U.S.C. 2264), and the item relating to such section in the table of
    contents, are repealed.
    (b) Section 1001 of the Water Resources Development Act of 1986 (33
    U.S.C. 579a) is amended--

    [[Page 2733]]

    (1) in subsection (b), by striking paragraph (2) and
    redesignating paragraph (3) as paragraph (2); and
    (2) by striking subsection (c).

    (c) Section 1001 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 2282c) is amended--
    (1) in subsection (d)--
    (A) in paragraph (1), by striking ``Notwithstanding
    the requirements of subsection (c), the Secretary'' and
    inserting ``The Secretary'';
    (B) by striking ``subsections (a) and (c)'' each
    place it appears and inserting ``subsection (a)''; and
    (C) by striking paragraph (4); and
    (2) by striking subsection (c) and redesignating subsections
    (d) through (g) as subsections (c) through (f), respectively.

    (d) Section 6003 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 579c), and the item relating to such section in the
    table of contents, are repealed.
    (e) Section 1301 of the Water Resources Development Act of 2016 (33
    U.S.C. 579d), and the item relating to such section in the table of
    contents, are repealed.
    (f) Section 1302 of the Water Resources Development Act of 2016 (33
    U.S.C. 579c-1), and the item relating to such section in the table of
    contents, are repealed.
    (g) Section 1301 of the Water Resources Development Act of 2018 (33
    U.S.C. 579d-1), and the item relating to such section in the table of
    contents, are repealed.
    (h) Section 1302 of the Water Resources Development Act of 2018 (33
    U.S.C. 579c-2), and the item relating to such section in the table of
    contents, are repealed.

    TITLE IV--WATER RESOURCES INFRASTRUCTURE

    SEC. 401. PROJECT AUTHORIZATIONS.

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

    ------------------------------------------------------------------------
    C.  Date of
    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
    Engineers
    ------------------------------------------------------------------------
    1. AK     Port of Nome        May 29, 2020   Federal: $378,908,000
    Modifications                     Non-Federal: $126,325,000
    Total: $505,233,000
    ------------------------------------------------------------------------

    [[Page 2734]]

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

    (2) Flood risk management.--

    [[Page 2735]]

    ------------------------------------------------------------------------
    C.  Date of
    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
    Engineers
    ------------------------------------------------------------------------
    1. AZ     Little Colorado     December 14,   Federal: $54,260,000
    River at Winslow,   2018          Non-Federal: $29,217,000
    Navajo County                     Total: $83,477,000
    ------------------------------------------------------------------------
    2. CA     Westminster, East   July 9, 2020   Federal: $324,905,000
    Garden Grove,                     Non-Federal: $940,191,000
    California Flood                  Total: $1,265,096,000
    Risk Management
    ------------------------------------------------------------------------
    3. CT,    Westchester County  May 7, 2020    Federal: $15,199,000
    NY        Streams, Byram                    Non-Federal: $15,199,000
    River Basin,                      Total: $30,397,000
    Fairfield County,
    Connecticut, and
    Westchester
    County, New York
    ------------------------------------------------------------------------
    4. KY     Louisville          October 27,    Federal: $122,170,000
    Metropolitan        2020          Non-Federal: $65,917,000
    Flood Protection                  Total: $188,087,000
    System
    Reconstruction,
    Jefferson and
    Bullitt Counties
    ------------------------------------------------------------------------
    5. ND     Souris River Basin  April 16,      Federal: $59,582,915
    Flood Risk          2019          Non-Federal: $32,364,085
    Management                        Total: $91,947,000
    ------------------------------------------------------------------------
    6. NJ     Peckman River       April 29,      Federal: $98,137,000
    Basin               2020          Non-Federal: $52,843,000
    Total: $150,980,000
    ------------------------------------------------------------------------
    7. NM     Middle Rio Grande   March 13,      Federal: $201,944,451
    Flood Protection,   2020          Non-Federal: $108,740,000
    Bernalillo to                     Total: $310,684,000
    Belen
    ------------------------------------------------------------------------
    8. OK     Tulsa and West-     April 23,      Federal: $89,311,000
    Tulsa Levee         2020          Non-Federal: $48,091,000
    System, Tulsa                     Total: $137,402,000
    County
    ------------------------------------------------------------------------

    [[Page 2736]]

    9. PR     Rio Culebrinas at   August 17,     Federal: $17,295,600
    Aguiadilla and      2020          Non-Federal: $8,568,400
    Aguada                            Total: $25,864,000
    ------------------------------------------------------------------------
    10. PR    Rio Guayanilla      August 13,     Federal: $103,422,000
    Flood Risk          2020          Non-Federal: $55,689,000
    Management,                       Total: $159,111,000
    Guayanilla
    ------------------------------------------------------------------------
    11. PR    Rio Grande de       November 18,   Federal: $9,770,000
    Manati Flood Risk   2020          Non-Federal: $4,520,000
    Management,                       Total: $14,290,000
    Ciales
    ------------------------------------------------------------------------
    12. USVI  Savan Gut, St.      August 24,     Federal: $48,658,100
    Thomas              2020          Non-Federal: $25,455,900
    Total: $74,114,000
    ------------------------------------------------------------------------
    13. USVI  Turpentine Run,     August 17,     Federal: $29,817,850
    St. Thomas          2020          Non-Federal: $15,311,150
    Total: $45,129,000
    ------------------------------------------------------------------------

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

    ------------------------------------------------------------------------
    C.  Date of
    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
    Engineers
    ------------------------------------------------------------------------
    1. DE     Delaware            March 6, 2020  Initial Federal:
    Beneficial Use of                  $66,464,000
    Dredged Material                  Initial Non-Federal:
    for the Delaware                   $35,789,000
    River                             Total: $102,253,000
    Renourishment Federal:
    $120,023,000
    Renourishment Non-Federal:
    $120,023,000
    Renourishment Total:
    $240,046,000
    ------------------------------------------------------------------------

    [[Page 2737]]

    2. NJ     New Jersey          April 8, 2020  Initial Federal:
    Beneficial Use of                  $84,071,000
    Dredged Material                  Initial Non-Federal:
    for the Delaware                   $45,270,000
    River                             Total: $129,341,000
    Renourishment Federal:
    $85,495,000
    Renourishment Non-Federal:
    $85,495,000
    Renourishment Total:
    $170,990,000
    ------------------------------------------------------------------------
    3. NJ     Rahway River        June 9, 2020   Federal: $48,322,000
    Basin, New Jersey                 Non-Federal: $26,020,000
    Coastal Storm                      Total: $74,342,000
    Risk Management
    ------------------------------------------------------------------------
    4. NJ     Raritan Bay and     August 25,     Federal: $107,680,000
    Sandy Hook Bay,     2020          Non-Federal: $57,981,000
    Highlands                          Total: $165,661,000
    ------------------------------------------------------------------------
    5. NY     East Rockaway       August 22,     Initial Federal:
    Inlet to Rockaway   2019           $638,460,000
    Inlet and Jamaica                 Initial Non-Federal: $0
    Bay, Atlantic                     Total: $638,460,000
    Coast of New York                 Renourishment Federal:
    $200,924,000
    Renourishment Non-Federal:
    $200,924,000
    Renourishment Total:
    $401,847,000
    ------------------------------------------------------------------------

    [[Page 2738]]

    6. NY     Fire Island Inlet   July 9, 2020   Initial Federal:
    to Montauk Point,                  $1,576,790,000
    New York                          Initial Non-Federal: $0
    Reformulation                     Total: $1,576,790,000
    Renourishment Federal:
    $767,695,000
    Renourishment Non-Federal:
    $767,695,000
    Renourishment Total:
    $1,535,390,000
    ------------------------------------------------------------------------
    7. NY     Hashamomuck Cove    December 9,    Initial Federal:
    Coastal Storm       2019           $11,920,000
    Risk Management                   Initial Non-Federal:
    $6,418,000
    Total: $18,338,000
    Renourishment Federal:
    $24,237,000
    Renourishment Non-Federal:
    $24,237,000
    Renourishment Total:
    $48,474,000
    ------------------------------------------------------------------------
    8. RI     Pawcatuck River     December 19,   Federal: $37,679,000
    Coastal Storm       2018           Non-Federal: $20,289,000
    Risk Management                   Total: $57,968,000
    Project
    ------------------------------------------------------------------------
    9. VA     Norfolk Coastal     February 5,    Federal: $942,920,000
    Storm Risk          2019          Non-Federal: $507,730,000
    Management                         Total: $1,450,650,000
    ------------------------------------------------------------------------

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

    [[Page 2739]]

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

    (5) Ecosystem restoration.--

    ------------------------------------------------------------------------
    C.  Date of
    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
    Engineers
    ------------------------------------------------------------------------
    1. CA     Delta Islands and    December 18,  Federal: $17,251,000
    Levees              2018          Non-Federal: $9,289,000
    Total: $26,540,000
    ------------------------------------------------------------------------
    2. CA     Malibu Creek        November 13,   Federal: $172,249,000
    Ecosystem           2020          Non-Federal: $106,960,000
    Restoration, Los                  Total: $279,209,000
    Angeles and
    Ventura Counties
    ------------------------------------------------------------------------
    3. CA     Yuba River          June 20, 2019  Federal: $66,975,000
    Ecosystem                         Non-Federal: $36,064,000
    Restoration                       Total: $103,039,000
    ------------------------------------------------------------------------
    4. CO,    Rio Grande,         August 5,      Federal: $16,998,000
    NM, TX    Environmental       2019          Non-Federal: $9,153,000
    Management                        Total: $26,151,000
    Program, Sandia
    Pueblo to Isleta
    Pueblo, New
    Mexico, Ecosystem
    Restoration
    ------------------------------------------------------------------------
    5. FL     Comprehensive       April 8, 2020  Federal: $379,583,000
    Everglades                        Non-Federal: $375,737,000
    Restoration Plan,                 Total: $755,320,000
    Loxahatchee River
    Watershed
    Restoration
    Project, Martin
    and Palm Beach
    Counties
    ------------------------------------------------------------------------

    [[Page 2740]]

    6. IA,    Grand River Basin   November 18,   Federal: $78,876,000
    MO        Ecosystem           2020          Non-Federal: $42,471,000
    Restoration                       Total: $121,347,000
    ------------------------------------------------------------------------
    7. IL     The Great Lakes     May 23, 2019   Federal: $557,730,550
    and Mississippi                   Non-Federal: $300,316,450
    River Interbasin                  Total: $858,047,000
    Study - Brandon
    Road, Will County
    ------------------------------------------------------------------------
    8. IL     South Fork of the   July 9, 2020   Federal: $11,657,000
    South Branch of                   Non-Federal: $6,277,000
    the Chicago                       Total: $17,934,000
    River, Bubbly
    Creek, Ecosystem
    Restoration
    ------------------------------------------------------------------------
    9. MD     Anacostia           December 19,   Federal: $25,866,750
    Watershed           2018          Non-Federal: $13,928,250
    Restoration,                      Total: $39,795,000
    Prince George's
    County
    ------------------------------------------------------------------------
    10. MO    St. Louis           November 1,    Federal: $61,362,893
    Riverfront-         2019          Non-Federal: $33,042,107
    Meramec River                     Total: $94,405,000
    Basin Ecosystem
    Restoration
    ------------------------------------------------------------------------
    11. NY,   Hudson-Raritan      May 26, 2020   Federal: $273,933,000
    NJ        Estuary Ecosystem                 Non-Federal: $147,502,000
    Restoration                       Total: $421,435,000
    ------------------------------------------------------------------------
    12. NY    Hudson River        November 19,   Federal: $33,479,000
    Habitat             2020          Non-Federal: $11,159,000
    Restoration                       Total: $44,638,000
    ------------------------------------------------------------------------
    13. TX    Jefferson County    September 12,  Federal: $38,942,000
    Ecosystem           2019          Non-Federal: $20,969,000
    Restoration                       Total: $59,911,000
    ------------------------------------------------------------------------

    (6) Water supply.--

    [[Page 2741]]

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

    (7) Modifications and other projects.--

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

    [[Page 2742]]

    8. VA     Atlantic            October 19,    Federal: $59,500,000
    Intracoastal        2020          Non-Federal: $0
    Waterway Deep                      Total: $59,500,000
    Creek Bridge
    Replacement
    ------------------------------------------------------------------------

    SEC. 402. SPECIAL RULES.

    (a) Great Lakes and Mississippi River Interbasin Project, Brandon
    Road, Will County, Illinois.--The Secretary shall carry out the project
    for ecosystem restoration, Great Lakes and Mississippi River Interbasin
    project, Brandon Road, Will County, Illinois, authorized by section 401
    of this Act, substantially in accordance with the terms and conditions
    described in the Report of the Chief of Engineers, dated May 23, 2019,
    with the following modifications:
    (1) The Federal share of the cost of construction shall be
    80 percent.
    (2) The Secretary may include the addition or substitution
    of technologies or measures not described in the report, as the
    Secretary determines to be advisable.

    (b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
    Reformulation, New York.--The project for hurricane and storm damage
    reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay,
    Atlantic Coast of New York, authorized by section 401 of this Act, shall
    be considered to be a continuation of the interim response to the
    authorization by the House of Representatives dated September 20, 1997,
    and the authorization under the heading ``Department of the Army--Corps
    of Engineers--Civil--Construction'' under chapter 4 of title X of the
    Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
    (c) Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma.--For
    the project <> for flood risk management, Tulsa and
    West-Tulsa Levee System, Tulsa County, Oklahoma, authorized by section
    401 of this Act, the non-Federal contribution for the project shall be
    financed over a period of 30 years from the date of completion of the
    project, in accordance with section 103(k) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2213(k)).

    (d) Willamette River Basin Review Reallocation Study.--The Secretary
    shall carry out the project for water supply, Willamette River Basin
    Review Reallocation, Oregon, authorized by section 401 of this Act,
    substantially in accordance with the terms and conditions described in
    the Report of the Chief of Engineers, dated December 18, 2019, with the
    following modifications:
    (1) The Secretary shall meet the obligations of the Corps of
    Engineers under the Endangered Species Act of 1973 by complying
    with the June 2019 NMFS Willamette Basin Review Study Biological
    Opinion Reasonable and Prudent Alternative until such time, if
    any, as it is modified or replaced, in whole or in part, through
    the consultation process under section 7(a) of the Endangered
    Species Act of 1973.

    [[Page 2743]]

    (2) The Secretary may reallocate not more than 10 percent of
    overall storage in the joint conservation pool, as authorized by
    this Act and without further congressional action, if such
    reallocation is consistent with the ongoing consultation under
    section 7(a) of the Endangered Species Act of 1973 related to
    Willamette Valley System operations.
    (3) The Secretary shall ensure that the revised reallocation
    is not reallocated from a single storage use, does not seriously
    affect authorized project purposes, and does not otherwise
    involve major operational changes to the project.

    (e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 of the
    Water Resources Development Act of 2007 (121 Stat. 1242) is amended by
    striking `` $150,000,000'' and inserting `` $255,816,000''.
    SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY STUDIES
    PREPARED BY NON-FEDERAL INTERESTS.

    (a) In General.--The Secretary is authorized to carry out the
    following projects for water resources development and conservation and
    other purposes, subject to subsection (b):
    (1) Fort pierce, st. lucie county, florida.--The project for
    hurricane and storm damage reduction, Fort Pierce, St. Lucie
    County, Florida, as described in the review assessment of the
    Secretary, titled ``Review Assessment of St. Lucie County,
    Florida Fort Pierce Shore Protection Project Section 203
    Integrated Feasibility Study and Environmental Assessment (June
    2018)'' and dated July 2018, at a total cost of $33,107,639, and
    at an estimated total cost of $97,958,972 for periodic
    nourishment over the 50-year life of the project.
    (2) Baptiste collette bayou, louisiana.--The project for
    navigation, Baptiste Collette Bayou, Louisiana, as described in
    the review assessment of the Secretary, titled ``Review
    Assessment of Plaquemines Parish Government's Section 203 Study
    Baptiste Collette Bayou Navigation Channel Deepening Project
    Integrated Feasibility Study and Environmental Assessment
    (January 2017, Amended April 2018)'' and dated June 2018, at a
    total cost of $44,920,000.
    (3) Houma navigation canal, louisiana.--The project for
    navigation, Houma Navigation Canal, Louisiana, as described in
    the review assessment of the Secretary, titled ``Review
    Assessment of Houma Navigation Canal Deepening Project Section
    203 Integrated Feasibility Report and DRAFT Environmental Impact
    Statement (June 2018)'' and dated July 2018, at a total cost of
    $253,458,000.
    (4) Port fourchon belle pass channel, louisiana.--The
    project for navigation, Port Fourchon Belle Pass Channel,
    Louisiana, as described in the review assessment of the
    Secretary, titled ``Review Assessment of Port Fourchon Belle
    Pass Channel Deepening Project Section 203 Feasibility Study
    (January 2019, revised January 2020)'' and dated April 2020, at
    a total cost of $95,483,000.
    (5) Wilmington harbor, north carolina.--The project for
    navigation, Wilmington Harbor, North Carolina, as described in
    the review assessment of the Secretary, titled ``Review
    Assessment of Wilmington Harbor, North Carolina Navigation
    Improvement Project Integrated Section 203 Study

    [[Page 2744]]

    & Environmental Report (February 2020)'' and dated May 2020, at
    a total cost of $834,093,000.
    (6) Chacon creek, texas.--The project for flood risk
    management, ecosystem restoration, and other purposes, Chacon
    Creek, Texas, as described in the review assessment of the
    Secretary, titled ``Review Assessment of Chacon Creek, Texas
    Section 203 Integrated Feasibility Report and DRAFT
    Environmental Assessment (August 2018)'' and dated September
    2018, at a total cost of $51,973,000.

    (b) Requirements.--The Secretary may only carry out a project
    authorized under subsection (a)--
    (1) <>  substantially in accordance with
    the applicable review assessment for the project submitted by
    the Secretary under section 203(c) of the Water Resources
    Development Act of 1986, as identified in subsection (a) of this
    section, and subject to such modifications or conditions as the
    Secretary considers appropriate and identifies in a final
    assessment that addresses the concerns, recommendations, and
    conditions identified by the Secretary in the applicable review
    assessment; and
    (2) after the Secretary transmits to the Committee on
    Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public
    Works of the Senate such final assessment.

    TITLE V--OTHER MATTERS

    SEC. 501. <>  UPDATE ON INVASIVE SPECIES
    POLICY GUIDANCE.

    (a) In General.--The Secretary shall periodically update the
    Invasive Species Policy Guidance, developed under section 104 of the
    River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous
    Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
    seq.), in accordance with the most recent National Invasive Species
    Council Management Plan developed pursuant to Executive Order 13112.
    (b) Inclusion.--The Secretary may include in the updated guidance
    invasive species specific efforts at federally authorized water
    resources development projects located in--
    (1) high-altitude lakes; and
    (2) the Tennessee and Cumberland River basins.
    SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.

    Section 1108 of the Water Resources Development Act of 2018 (33
    U.S.C. 2263a) is amended--
    (1) in subsection (a)--
    (A) by striking ``management'' and inserting
    ``prevention, management,''; and
    (B) by inserting ``, elodea, quagga mussels,'' after
    ``Asian carp''; and
    (2) in subsection (b)--
    (A) by inserting ``or could be impacted in the
    future'' after ``impacted''; and
    (B) by striking ``Pacific'' and all that follows
    through the period at the end and inserting ``Pacific,
    Arctic, and Gulf Coasts, the Great Lakes, and reservoirs
    operated and maintained by the Secretary.''.

    [[Page 2745]]

    SEC. 503. <>  TERRESTRIAL NOXIOUS WEED
    CONTROL PILOT PROGRAM.

    (a) <>  In General.--The Secretary shall carry
    out a pilot program, in consultation with the Federal Interagency
    Committee for the Management of Noxious and Exotic Weeds, to identify
    and develop new and improved strategies for terrestrial noxious weed
    control on Federal land under the jurisdiction of the Secretary.

    (b) Partnerships.--In carrying out the pilot program under
    subsection (a), the Secretary shall act in partnership with such other
    individuals and entities as the Secretary determines to be appropriate.
    (c) Cooperative Agreements.--The Secretary may utilize cooperative
    agreements with county and State agencies for the implementation of the
    pilot program under subsection (a).
    (d) Report to Congress.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall provide to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report describing the new and improved strategies developed through the
    pilot program under subsection (a).
    SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
    MANAGEMENT.

    Section 528(f)(2) of the Water Resources Development Act of 1996
    (110 Stat. 3771) is amended--
    (1) by redesignating subparagraphs (I) and (J) as
    subparagraphs (J) and (K), respectively;
    (2) by inserting after subparagraph (H) the following:
    ``(I) shall, using existing amounts appropriated to
    the Task Force, develop and update, as appropriate, a
    priority list of invasive species that--
    ``(i) reflects an assessment of ecological
    risk that the listed invasive species represent;
    ``(ii) includes populations of invasive plants
    and animals that--
    ``(I) are significantly impacting
    the structure and function of ecological
    communities, native species, or habitat
    within the South Florida ecosystem; or
    ``(II) demonstrate a strong
    potential to reduce, obscure, or
    otherwise alter key indicators used to
    measure Everglades restoration progress;
    and
    ``(iii) shall be used by the Task Force and
    agencies and entities represented on the Task
    Force to focus cooperative and collaborative
    efforts--
    ``(I) to guide applied research;
    ``(II) to develop innovative
    strategies and tools to facilitate
    improved management, control, or
    eradication of listed invasive species;
    ``(III) to implement specific
    management, control, or eradication
    activities at the appropriate
    periodicity and intensity necessary to
    reduce or neutralize the impacts of
    listed invasive species, including the
    use of qualified skilled volunteers when
    appropriate; and
    ``(IV) to develop innovative
    strategies and tools to prevent future
    introductions of nonnative species;'';

    [[Page 2746]]

    (3) in subparagraph (J) (as so redesignated), by striking
    ``ecosystem'' and inserting ``ecosystem, including the
    activities described in subparagraph (I)''; and
    (4) in clause (i) of subparagraph (K) (as so redesignated),
    by inserting ``, including the priority list under subparagraph
    (I) and the activities described in that subparagraph'' after
    ``Task Force''.
    SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.

    Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
    amended--
    (1) in subsection (b)--
    (A) in paragraph (1)--
    (i) in the matter preceding subparagraph (A),
    by striking ``this section $110,000,000'' and
    inserting ``this section (except for subsections
    (f) and (g)) $130,000,000'';
    (ii) in subparagraph (B), by striking ``and''
    at the end;
    (iii) in subparagraph (C), by striking the
    period at the end and inserting a semicolon; and
    (iv) by adding at the end the following:
    ``(D) $30,000,000 shall be made available to carry
    out subsection (d)(1)(A)(iv); and
    ``(E) $10,000,000 shall be made available to carry
    out subsection (d)(1)(A)(v).'';
    (B) by redesignating paragraph (2) as paragraph (3);
    (C) by inserting after paragraph (1) the following:
    ``(2) Other programs.--
    ``(A) In general.--There are authorized to be
    appropriated--
    ``(i) $10,000,000 for each of fiscal years
    2021 through 2024 to carry out subsection (f); and
    ``(ii) $50,000,000 for each of fiscal years
    2021 through 2024 to carry out subsection (g)(2).
    ``(B) Invasive plant species pilot program.--There
    is authorized to be appropriated to the Secretary of the
    Interior, acting through the Director of the United
    States Fish and Wildlife Service, $10,000,000 to carry
    out subsection (g)(3).''; and
    (D) in paragraph (3) (as so redesignated), by
    inserting ``or (2)(A)'' after ``paragraph (1)'';
    (2) in subsection (d)--
    (A) in the subsection heading, by inserting ``and
    Decontamination'' after ``Inspection'';
    (B) in paragraph (1)--
    (i) in subparagraph (A)--
    (I) in the subparagraph heading, by
    inserting ``and decontamination'' after
    ``inspection'';
    (II) in clause (ii), by striking
    ``and'' at the end;
    (III) in clause (iii), by striking
    ``Arizona River Basins.'' and inserting
    ``Arkansas River Basins;''; and
    (IV) by adding at the end the
    following:
    ``(iv) to protect the Russian River Basin,
    California; and

    [[Page 2747]]

    ``(v) to protect basins and watersheds that
    adjoin an international border between the United
    States and Canada.''; and
    (ii) by striking subparagraph (B) and
    inserting the following:
    ``(B) Locations.--The Secretary shall place
    watercraft inspection and decontamination stations under
    subparagraph (A) at locations with the highest
    likelihood of preventing the spread of aquatic invasive
    species into and out of waters of the United States, as
    determined by the Secretary in consultation with the
    Governors and entities described in paragraph (3).'';
    (C) in paragraph (3)(A), by striking ``(iii)'' and
    inserting ``(v)''; and
    (D) by striking ``watercraft inspection stations''
    each place it appears and inserting ``watercraft
    inspection and decontamination stations''; and
    (3) by adding at the end the following:

    ``(f) Invasive Species Management Pilot Program.--
    ``(1) Definition of invasive species.--In this subsection,
    the term `invasive species' has the meaning given the term in
    section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating
    to invasive species (February 3, 1999)) (as amended by section 2
    of Executive Order 13751 (81 Fed. Reg. 88609; relating to
    safeguarding the Nation from the impacts of invasive species
    (December 5, 2016))).
    ``(2) <>  Development of plans.--The
    Secretary, in coordination with the Aquatic Nuisance Species
    Task Force, shall carry out a pilot program under which the
    Secretary shall collaborate with States in the Upper Missouri
    River Basin in developing voluntary aquatic invasive species
    management plans to mitigate the effects of invasive species on
    public infrastructure facilities located on reservoirs of the
    Corps of Engineers in those States.
    ``(3) Management plan.--
    ``(A) <>  In general.--The
    Secretary, in consultation with the Governor of each
    State in the Upper Missouri River Basin that elects to
    participate in the pilot program, shall prepare a
    management plan, or update or expand an existing plan,
    for each participating State that identifies public
    infrastructure facilities located on reservoirs of the
    Corps of Engineers in those States that--
    ``(i) are affected by aquatic invasive
    species; and
    ``(ii) need financial and technical assistance
    in order to maintain operations.
    ``(B) Use of existing plans.--In developing a
    management plan under subparagraph (A), the Secretary
    shall consider a management plan submitted by a
    participating State under section 1204(a) of the
    Nonindigenous Aquatic Nuisance Prevention and Control
    Act of 1990 (16 U.S.C. 4724(a)).
    ``(4) Termination of authority.--The authority provided
    under this subsection shall terminate on September 30, 2024.

    ``(g) Invasive Species Prevention, Control, and Eradication.--
    ``(1) Definition of invasive species.--In this subsection,
    the term `invasive species' has the meaning given the term

    [[Page 2748]]

    in section 1 of Executive Order 13112 (64 Fed. Reg. 6183;
    relating to invasive species (February 3, 1999)) (as amended by
    section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating
    to safeguarding the Nation from the impacts of invasive species
    (December 5, 2016))).
    ``(2) Invasive species partnerships.--
    ``(A) In general.--The Secretary may enter into
    partnerships with applicable States and other Federal
    agencies to carry out actions to prevent the
    introduction of, control, or eradicate, to the maximum
    extent practicable, invasive species that adversely
    impact water quantity or water quality in the Platte
    River Basin, the Upper Colorado River Basin, the Upper
    Snake River Basin, and the Upper Missouri River Basin.
    ``(B) Prioritization.--In selecting actions to carry
    out under a partnership under subparagraph (A), the
    Secretary shall give priority to projects that are
    intended to control or eradicate the Russian olive
    (Elaeagnus angustifolia) or saltcedar (of the genus
    Tamarix).
    ``(3) Invasive plant species pilot program.--
    ``(A) Definitions.--In this paragraph:
    ``(i) Eligible entity.--The term `eligible
    entity' means a partnership between or among 2 or
    more entities that--
    ``(I) includes--
    ``(aa) at least 1 flood
    control district; and
    ``(bb) at least 1 city,
    county, township, town, borough,
    parish, village, or other
    general purpose political
    subdivision of a State or Indian
    Tribe (as defined in section 4
    of the Indian Self-Determination
    and Education Assistance Act (25
    U.S.C. 5304)); and
    ``(II) may include any other entity
    (such as a nonprofit organization or
    institution of higher education), as
    determined by the Secretary.
    ``(ii) Invasive plant species.--The term
    `invasive plant species' means a plant that is
    nonnative to the ecosystem under consideration,
    the introduction of which causes or is likely to
    cause economic harm or harm to human health.
    ``(B) Pilot program.--The Secretary of the Interior,
    acting through the Director of the United States Fish
    and Wildlife Service, shall establish a pilot program
    under which such Secretary shall work with eligible
    entities to carry out activities--
    ``(i) to remove invasive plant species in
    riparian areas that contribute to drought
    conditions in--
    ``(I) the Lower Colorado River
    Basin;
    ``(II) the Rio Grande River Basin;
    ``(III) the Texas Gulf Coast Basin;
    and
    ``(IV) the Arkansas-White-Red Basin;
    ``(ii) where appropriate, to replace the
    invasive plant species described in clause (i)
    with ecologically suitable native species; and
    ``(iii) to maintain and monitor riparian areas
    in which activities are carried out under clauses
    (i) and (ii).

    [[Page 2749]]

    ``(C) Report to congress.--Not later than 18 months
    after the date of enactment of this subsection, the
    Secretary of the Interior, acting through the Director
    of the United States Fish and Wildlife Service, shall
    submit to the Committee on Environment and Public Works
    of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report
    describing the implementation of the pilot program.
    ``(D) Termination of authority.--The authority
    provided under this paragraph shall terminate on
    September 30, 2024.
    ``(4) Cost share.--The Federal share of an action carried
    out under a partnership under paragraph (2) or an activity
    carried out under the pilot program under paragraph (3) shall
    not exceed 80 percent of the total cost of the action or
    activity.''.
    SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.

    Section 1039(b) of the Water Resources Reform and Development Act of
    2014 (16 U.S.C. 4701 note) is amended--
    (1) in paragraph (1)--
    (A) in the paragraph heading, by striking ``upper
    mississippi and ohio river basins and tributaries'' and
    inserting ``mississippi river and tributaries, including
    sub-basins'';
    (B) in subparagraph (A), by striking ``Upper
    Mississippi and Ohio River basins and tributaries'' and
    inserting ``Mississippi River and tributaries, including
    the 6 sub-basins of the River,''; and
    (C) in subparagraph (B), by striking ``and the
    document prepared'' and all that follows through
    ``February 2012.'' and inserting ``the Mississippi River
    Basin Asian Carp Control Strategy Framework, and the
    Asian Carp Regional Coordinating Committee's Asian Carp
    Action Plan.''; and
    (2) in paragraph (2)--
    (A) in subparagraph (A)--
    (i) by striking ``December 31 of each year''
    and inserting ``December 31, 2020, and biennially
    thereafter''; and
    (ii) by striking ``Upper Mississippi and Ohio
    River basins and tributaries'' and inserting
    ``Mississippi River and tributaries, including the
    6 sub-basins of the River''; and
    (B) in subparagraph (B)--
    (i) in clause (i), by striking ``Upper
    Mississippi and Ohio River basins and
    tributaries'' and inserting ``Mississippi River
    and tributaries, including the 6 sub-basins of the
    River,''; and
    (ii) in clause (ii), by striking ``Upper
    Mississippi and Ohio River basins and
    tributaries'' and inserting ``Mississippi River
    and tributaries, including the 6 sub-basins of the
    River''.
    SEC. 507. <>  INVASIVE SPECIES IN ALPINE
    LAKES PILOT PROGRAM.

    (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program (referred to in this section as the ``pilot
    program'') to develop and carry out effective measures necessary to
    prevent, control, or eradicate aquatic invasive species

    [[Page 2750]]

    in alpine lakes that are not located within a unit of the National Park
    System.
    (b) Partnerships.--The Secretary of the Interior, acting through the
    Director of the United States Fish and Wildlife Service, shall offer to
    enter into a partnership to carry out the pilot program with--
    (1) any relevant partnering Federal agency; and
    (2) any relevant compact agency organized with the consent
    of Congress under article I, section 10 of the Constitution of
    the United States.

    (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program $25,000,000 for the period
    of fiscal years 2022 through 2024.
    SEC. 508. <>  MURDER HORNET ERADICATION
    PILOT PROGRAM.

    (a) <>  Grant Authority.--The Secretary of the
    Interior, acting through the Director of the Fish and Wildlife Service,
    and in consultation with all relevant Federal agencies, shall establish
    a pilot program to provide financial assistance to States for
    management, research, and public education activities necessary to--
    (1) eradicate the Asian giant hornet; and
    (2) restore bee populations damaged by the Asian giant
    hornet.

    (b) Eligibility.--A State is eligible to receive financial
    assistance under this section if the State has demonstrated to the
    Secretary of the Interior sufficient need to implement measures to
    eradicate the Asian giant hornet.
    (c) Cost Sharing.--
    (1) Federal share.--The Federal share of the costs of
    activities carried out under the pilot program may not exceed 75
    percent of the total costs of such activities.
    (2) In-kind contributions.--The non-Federal share of the
    costs of activities carried out under the pilot program may be
    provided in the form of in-kind contributions of materials or
    services.

    (d) Limitation on Administrative Expenses.--Not more than 5 percent
    of financial assistance provided by the Secretary of the Interior under
    this section may be used for administrative expenses.
    (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior to carry out the pilot
    program $4,000,000 for each of fiscal years 2021 through 2025.
    (f) Definitions.--In this section:
    (1) Asian giant hornet.--The term ``Asian giant hornet''
    means a Vespa mandarinia.
    (2) State.--The term ``State'' means each of the several
    States, the District of Columbia, and the territories and
    insular possessions of the United States.

    (g) Sunset.--The authority under this section shall terminate on the
    date that is 5 years after the date of enactment of this Act.
    SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

    (a) <>  Corps of Engineers Asian Carp
    Prevention Pilot Program.--
    (1) In general.--The Secretary, in conjunction with the
    Tennessee Valley Authority and other relevant Federal agencies,
    shall carry out an Asian carp prevention pilot program

    [[Page 2751]]

    to carry out projects to manage and prevent the spread of Asian
    carp using innovative technologies, methods, and measures.
    (2) Project selection.--
    (A) Location.--Each project under the pilot program
    shall be carried out in a river system or reservoir in
    the Cumberland River Watershed or Tennessee River
    Watershed in which Asian carp populations are expanding
    or have been documented.
    (B) Consultation.--In selecting projects to carry
    out under the pilot program, the Secretary shall consult
    with--
    (i) applicable Federal, State, and local
    agencies;
    (ii) institutions of higher education; and
    (iii) relevant private organizations,
    including nonprofit organizations.
    (C) Limitations.--
    (i) Number of projects.--The Secretary may
    select not more than 10 projects to carry out
    under the pilot program.
    (ii) Deadline.--Not later than September 30,
    2024, the Secretary shall complete projects
    selected to be carried out under the pilot
    program.
    (3) Best practices.--In carrying out the pilot program, to
    the maximum extent practicable, the Secretary shall consider
    existing best practices, such as those described in the document
    of the Asian Carp Working Group of the Aquatic Nuisance Species
    Task Force entitled ``Management and Control Plan for Bighead,
    Black, Grass, and Silver Carps in the United States'' and dated
    November 2007.
    (4) Cost-share.--
    (A) In general.--The Federal share of the costs of a
    project carried out under the program may not exceed 75
    percent of the total costs of the project.
    (B) Operation, maintenance, rehabilitation, and
    repair.--After the completion of a project under the
    pilot program, the Federal share of the costs for
    operation, maintenance, rehabilitation, and repair of
    the project shall be 100 percent.
    (5) Memorandum of agreement.--For projects carried out in
    reservoirs owned or managed by the Tennessee Valley Authority,
    the Secretary and the Tennessee Valley Authority shall execute a
    memorandum of agreement establishing the framework for a
    partnership and the terms and conditions for sharing expertise
    and resources.
    (6) Payments.--The Secretary is authorized to accept and
    expend funds from the Tennessee Valley Authority to complete any
    work under this section at a reservoir owned or managed by the
    Tennessee Valley Authority.
    (7) <>  Report.--Not later than 2 years
    after the date of enactment of this Act, and 2 years thereafter,
    the Secretary shall submit to Congress a report describing the
    results of the pilot program, including an analysis of the
    effectiveness of the innovative technologies, methods, and
    measures used in projects carried out under the pilot program at
    preventing the spread, or managing the eradicating of, Asian
    carp.

    [[Page 2752]]

    (8) Authorization of appropriations.--There is authorized to
    be appropriated to carry out this subsection $25,000,000, to
    remain available until expended.

    (b) <>  Fish and Wildlife Service Asian
    Carp Eradication Program.--
    (1) Establishment.--The Secretary of the Interior, acting
    through the Director of the United States Fish and Wildlife
    Service, shall establish a program to provide financial
    assistance to States to implement measures, including for
    management, research, and public education activities, necessary
    to eradicate the Asian carp.
    (2) Eligibility.--A State is eligible to receive financial
    assistance under this subsection if such State has demonstrated
    to the Secretary of the Interior sufficient need to implement
    measures to eradicate the Asian carp.
    (3) Priority.--In providing financial assistance under the
    program, the Secretary of the Interior shall give priority to
    States in the Cumberland River Watershed or the Tennessee River
    Watershed in which Asian carp populations are expanding or have
    been documented.
    (4) Cost sharing.--
    (A) Federal share.--The Federal share of the costs
    of activities carried out under the program may not
    exceed 80 percent of the total costs of such activities.
    (B) In-kind contributions.--The non-Federal share of
    the costs of activities carried out under the program
    may be provided in the form of in-kind contributions of
    materials or services.
    (5) Limitation on administrative expenses.--Not more than 5
    percent of financial assistance provided by the Secretary of the
    Interior under this subsection may be used for administrative
    expenses.
    (6) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary of the Interior to carry out
    this subsection $4,000,000 for each of fiscal years 2021 through
    2025.
    SEC. 510. <>  INVASIVE SPECIES IN
    NONCONTIGUOUS STATES AND TERRITORIES
    PILOT PROGRAM.

    (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program to carry out measures necessary to prevent,
    control, or eradicate invasive species in culturally significant
    forested watersheds in noncontiguous States and territories of the
    United States in which the Corps of Engineers is carrying out flood risk
    management projects.
    (b) <>  Implementation.--The Secretary of the
    Interior, acting through the Director of the United States Fish and
    Wildlife Service, is encouraged to carry out the measures described in
    subsection (a) in consultation with--
    (1) States, any territory or possession of the United
    States, and units of local government, including federally
    recognized Indian Tribes (as defined in section 4 of the Indian
    Self-Determination and Education Assistance Act (25 U.S.C.
    5304)); and
    (2) nonprofit organizations with knowledge of, and
    experience in, forested watershed management, including
    nonprofit

    [[Page 2753]]

    organizations with a primary purpose of serving and partnering
    with indigenous communities.

    (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program under subsection (a)
    $25,000,000 for the period of fiscal years 2022 through 2024.
    SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.

    (a) Installation of Network.--
    (1) <>  In general.--In accordance with
    the activities required under section 4003(a) of the Water
    Resources Reform and Development Act of 2014 (128 Stat. 1310;
    130 Stat. 1676), and to support the goals of the Weather
    Research and Forecasting Innovation Act of 2017 (Public Law 115-
    25) and the National Integrated Drought Information System
    Reauthorization Act of 2018 (Public Law 115-423), the Secretary,
    in coordination with the Administrator of the National Oceanic
    and Atmospheric Administration (referred to in this section as
    the ``Administrator''), the Chief of the Natural Resources
    Conservation Service, the Director of the United States
    Geological Survey, and the Commissioner of Reclamation, shall
    continue installation of a network of soil moisture and plains
    snowpack monitoring stations, and modification of existing
    stations, in the Upper Missouri River Basin.
    (2) Requirements.--In carrying out installation and
    modification activities under paragraph (1), the Secretary--
    (A) <>  may continue to enter into
    agreements, including cooperative agreements, with State
    mesonet programs for purposes of installing new stations
    or modifying existing stations;
    (B) shall transfer ownership and all
    responsibilities for operation and maintenance of new
    stations to the respective State mesonet program for the
    State in which the monitoring station is located on
    completion of installation of the station; and
    (C) <>  shall
    establish, in consultation with the Administrator,
    requirements and standards for the installation of new
    stations and modification of existing stations to ensure
    seamless data integration into--
    (i) the National Mesonet Program;
    (ii) the National Coordinated Soil Moisture
    Network; and
    (iii) other relevant networks.
    (3) Authorization of appropriations.--There is authorized to
    be appropriated to carry out this subsection, in addition to any
    other funds authorized to be appropriated for the installation
    of a network of soil moisture and plains snowpack monitoring
    stations or the modification of existing stations in the Upper
    Missouri River Basin, $7,000,000 for each of fiscal years 2021
    through 2025.

    (b) <>  Soil Moisture and Snowpack Monitoring Pilot
    Program.--
    (1) <>  In general.--Not later than 180
    days after the date of the enactment of this Act, the
    Administrator shall establish within the National Mesonet
    Program a pilot program for the acquisition and use of data
    generated by the network described in subsection (a).

    [[Page 2754]]

    (2) Requirements.--In establishing the pilot program under
    paragraph (1), the Administrator shall--
    (A) <>  enter into agreements with
    State mesonet programs in the Upper Missouri River Basin
    to acquire data generated by the network described in
    subsection (a) that--
    (i) are similar to the agreements in effect as
    of the date of the enactment of this Act with
    States under the National Mesonet Program; and
    (ii) allow for sharing of data with other
    Federal agencies and with institutions engaged in
    federally supported research, including the United
    States Drought Monitor, as appropriate and
    feasible;
    (B) <>  in coordination with
    the Secretary, the Chief of the Natural Resources
    Conservation Service, the Director of the United States
    Geological Survey, and the Commissioner of Reclamation,
    gather data from the operation of the network to inform
    ongoing efforts of the National Oceanic and Atmospheric
    Administration in support of--
    (i) the National Integrated Drought
    Information System, including the National
    Coordinated Soil Moisture Network;
    (ii) the United States Drought Monitor;
    (iii) the National Water Model and other
    relevant national modeling efforts;
    (iv) validation, verification, and calibration
    of satellite-based, in situ, and other remote
    sensing activities and output products;
    (v) flood risk and water resources monitoring
    initiatives by the Secretary and the Commissioner;
    and
    (vi) any other programs or initiatives the
    Administrator considers appropriate;
    (C) at the request of State mesonet programs, or as
    the Administrator considers appropriate, provide
    technical assistance to such programs under the pilot
    program under paragraph (1) to ensure proper data
    requirements; and
    (D) ensure an appropriate mechanism for quality
    control and quality assurance is employed for the data
    acquired under the pilot program, such as the
    Meteorological Assimilation Data Ingest System.
    (3) Study required.--
    (A) <>  In general.--
    Not later than 1 year after the date of the enactment of
    this Act, the Administrator shall initiate a study of
    the pilot program required by paragraph (1) to evaluate
    the data generated by the network described in
    subsection (a) and the applications of that data to
    programs and initiatives described in paragraph (2)(B).
    (B) <>  Elements.--The study
    required by subparagraph (A) shall include an assessment
    of--
    (i) the contribution of the soil moisture,
    snowpack, and other relevant data generated by the
    network described in subsection (a) to weather,
    subseasonal and seasonal, and climate forecasting
    products on the local, regional, and national
    levels;
    (ii) the enhancements made to the National
    Integrated Drought Information System, the
    National Water Model, and the United States
    Drought Monitor, and other relevant national
    modeling efforts, using

    [[Page 2755]]

    data and derived data products generated by the
    network;
    (iii) the contribution of data generated by
    the network to remote sensing products and
    approaches;
    (iv) the viability of the ownership and
    operational structure of the network; and
    (v <> ) any other matters
    the Administrator considers appropriate, in
    coordination with the Secretary, the Chief of the
    Natural Resources Conservation Service, the
    Director of the United States Geological Survey,
    and the Commissioner of Reclamation.
    (4) Report required.--Not later than 4 years after the date
    of the enactment of this Act, the Administrator shall submit to
    the appropriate congressional committees a report--
    (A) setting forth the findings of the study required
    by paragraph (3); and
    (B) <>  making
    recommendations based on those findings to improve
    weather, subseasonal, seasonal, and climate monitoring
    nationally.
    (5) Government accountability office audit.--
    (A) <>
    In general.--Not later than 60 days after the report
    required by paragraph (4) is submitted, the Comptroller
    General of the United States shall initiate an audit to
    evaluate that report and determine whether--
    (i) the Administrator, in conducting the pilot
    program under paragraph (1), has utilized the
    relevant data generated by the network described
    in subsection (a) in the manner most beneficial to
    the programs and initiatives described in
    paragraph (2)(B);
    (ii) <>  the acquisition
    agreements entered into under paragraph (2)(A)
    with State mesonet programs fully comply with the
    requirements of that paragraph; and
    (iii) the heads of other agencies, including
    the Secretary, the Chief of the Natural Resources
    Conservation Service, the Director of the United
    States Geological Survey, and the Commissioner of
    Reclamation, are utilizing the data generated by
    the network to better inform and improve the
    missions of those agencies.
    (B) Report required.--Not later than 270 days after
    initiating the audit required by subparagraph (A), the
    Comptroller General shall submit to the appropriate
    congressional committees a report setting forth the
    findings of the audit.
    (6) Appropriate congressional committees defined.--In this
    subsection, the term ``appropriate congressional committees''
    means--
    (A) the Committee on Commerce, Science, and
    Transportation, the Committee on Environment and Public
    Works, and the Committee on Energy and Natural Resources
    of the Senate; and
    (B) the Committee on Transportation and
    Infrastructure, the Committee on Science, Space, and
    Technology, and the Committee on Natural Resources of
    the House of Representatives.

    [[Page 2756]]

    SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.

    (a) Renaming the Saint Lawrence Seaway Development Corporation.--The
    Act of May 13, 1954 (33 U.S.C. 981 et seq.) is amended--
    (1) in section 1 (33 U.S.C. 981), by striking ``Saint
    Lawrence Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation''; and
    (2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
    Lawrence Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation''.

    (b) <>  References.--Any reference to the
    Saint Lawrence Seaway Development Corporation in any law, regulation,
    document, record, Executive order, or other paper of the United States
    shall be deemed to be a reference to the Great Lakes St. Lawrence Seaway
    Development Corporation.

    (c) Technical and Conforming Amendments.--
    (1) Title 5.--Section 5315 of title 5, United States Code,
    is amended by striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
    Development Corporation''.
    (2) Title 18.--Section 2282B of title 18, United States
    Code, is amended by striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
    Development Corporation''.
    (3) Internal revenue code.--Section 9505(a)(2) of the
    Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is amended
    by striking ``Saint Lawrence Seaway Development Corporation''
    and inserting ``Great Lakes St. Lawrence Seaway Development
    Corporation''.
    (4) Title 31.--Section 9101(3)(K) of title 31, United States
    Code, is amended by striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
    Development Corporation''.
    (5) Water resources development act of 1986.--The Water
    Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
    amended--
    (A) in section 206 (33 U.S.C. 2234), by striking
    ``Saint Lawrence Seaway Development Corporation'' and
    inserting ``Great Lakes St. Lawrence Seaway Development
    Corporation'';
    (B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
    striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence
    Seaway Development Corporation'';
    (C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
    striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence
    Seaway Development Corporation''; and
    (D) in section 1132(b) (33 U.S.C. 2309(b)), by
    striking ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great Lakes St. Lawrence
    Seaway Development Corporation'' each place it appears.
    (6) Title 46.--Title 46, United States Code, is amended--
    (A) in section 2109, by striking ``Saint Lawrence
    Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation'';

    [[Page 2757]]

    (B) in section 8103(g), by striking ``Saint Lawrence
    Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation'';
    (C) in section 8503(c), by striking ``Saint Lawrence
    Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation'';
    (D) in section 55112(a)(3), by striking ``St.
    Lawrence Seaway Development Corporation'' and inserting
    ``Great Lakes St. Lawrence Seaway Development
    Corporation'';
    (E) in section 55331(3), by striking ``Saint
    Lawrence Seaway Development Corporation'' and inserting
    ``Great Lakes St. Lawrence Seaway Development
    Corporation''; and
    (F) in section 70032, by striking ``Saint Lawrence
    Seaway Development Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development Corporation'' each
    place it appears.
    (7) Title 49.--
    (A) In general.--Title 49, United States Code, is
    amended--
    (i) in section 110--
    (I) in the heading, by striking
    ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development
    Corporation''; and
    (II) in subsection (a), by striking
    ``Saint Lawrence Seaway Development
    Corporation'' and inserting ``Great
    Lakes St. Lawrence Seaway Development
    Corporation''; and
    (ii) in section 6314(c)(2)(G), by striking
    ``Saint Lawrence Seaway Development Corporation''
    and inserting ``Great Lakes St. Lawrence Seaway
    Development Corporation''.
    (B) Table of sections.--The table of sections for
    chapter 1 of subtitle I of title 49, <>  United States Code, is amended by
    amending the item relating to section 110 to read as
    follows:

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

    DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    SEC. 1. TABLE OF CONTENTS.

    The table of contents of the division is as follows:

    DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    Sec. 1. Table of contents.

    TITLE I--NO SURPRISES ACT

    Sec. 101. Short title.
    Sec. 102. Health insurance requirements regarding surprise medical
    billing.
    Sec. 103. Determination of out-of-network rates to be paid by health
    plans; Independent dispute resolution process.

    [[Page 2758]]

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

    TITLE II--TRANSPARENCY

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

    TITLE III--PUBLIC HEALTH PROVISIONS

    Subtitle A--Extenders Provisions

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

    Subtitle B--Strengthening Public Health

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

    Subtitle C--FDA Amendments

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

    Subtitle D--Technical Corrections

    Sec. 331. Technical corrections.

    TITLE I--NO <>  SURPRISES ACT
    SEC. 101. <>  SHORT TITLE.

    This title may be cited as the ``No Surprises Act''.
    SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE MEDICAL
    BILLING.

    (a) Public Health Service Act Amendments.--

    [[Page 2759]]

    (1) In general.--Title XXVII of the Public Health Service
    Act (42 U.S.C. 300gg et seq.) is amended by adding at the end
    the following new part:

    ``PART D--ADDITIONAL COVERAGE PROVISIONS

    ``SEC. 2799A-1. <>  PREVENTING SURPRISE
    MEDICAL BILLS.

    ``(a) Coverage of Emergency Services.--
    ``(1) In general.--If a group health plan, or a health
    insurance issuer offering group or individual health insurance
    coverage, provides or covers any benefits with respect to
    services in an emergency department of a hospital or with
    respect to emergency services in an independent freestanding
    emergency department (as defined in paragraph (3)(D)), the plan
    or issuer shall cover emergency services (as defined in
    paragraph (3)(C))--
    ``(A) without the need for any prior authorization
    determination;
    ``(B) whether the health care provider furnishing
    such services is a participating provider or a
    participating emergency facility, as applicable, with
    respect to such services;
    ``(C) in a manner so that, if such services are
    provided to a participant, beneficiary, or enrollee by a
    nonparticipating provider or a nonparticipating
    emergency facility--
    ``(i) such services will be provided without
    imposing any requirement under the plan or
    coverage for prior authorization of services or
    any limitation on coverage that is more
    restrictive than the requirements or limitations
    that apply to emergency services received from
    participating providers and participating
    emergency facilities with respect to such plan or
    coverage, respectively;
    ``(ii) the cost-sharing requirement is not
    greater than the requirement that would apply if
    such services were provided by a participating
    provider or a participating emergency facility;
    ``(iii) such cost-sharing requirement is
    calculated as if the total amount that would have
    been charged for such services by such
    participating provider or participating emergency
    facility were equal to the recognized amount (as
    defined in paragraph (3)(H)) for such services,
    plan or coverage, and year;
    ``(iv) the group health plan or health
    insurance issuer, respectively--
    ``(I) <>
    not later than 30 calendar days after
    the bill for such services is
    transmitted by such provider or
    facility, sends to the provider or
    facility, as applicable, an initial
    payment or notice of denial of payment;
    and
    ``(II) pays a total plan or coverage
    payment directly to such provider or
    facility, respectively (in accordance,
    if applicable, with the timing
    requirement described in subsection
    (c)(6)) that is, with application of any
    initial payment under subclause (I),
    equal to the amount by which the out-of-
    network rate (as defined in paragraph

    [[Page 2760]]

    (3)(K)) for such services exceeds the
    cost-sharing amount for such services
    (as determined in accordance with
    clauses (ii) and (iii)) and year; and
    ``(v) any cost-sharing payments made by the
    participant, beneficiary, or enrollee with respect
    to such emergency services so furnished shall be
    counted toward any in-network deductible or out-
    of-pocket maximums applied under the plan or
    coverage, respectively (and such in-network
    deductible and out-of-pocket maximums shall be
    applied) in the same manner as if such cost-
    sharing payments were made with respect to
    emergency services furnished by a participating
    provider or a participating emergency facility;
    and
    ``(D) without regard to any other term or condition
    of such coverage (other than exclusion or coordination
    of benefits, or an affiliation or waiting period,
    permitted under section 2704 of this Act, including as
    incorporated pursuant to section 715 of the Employee
    Retirement Income Security Act of 1974 and section 9815
    of the Internal Revenue Code of 1986, and other than
    applicable cost-sharing).
    ``(2) Audit process and regulations for qualifying payment
    amounts.--
    ``(A) Audit process.--
    ``(i) <>  In
    general.--Not later than October 1, 2021, the
    Secretary, in consultation with the Secretary of
    Labor and the Secretary of the Treasury, shall
    establish through rulemaking a process, in
    accordance with clause (ii), under which group
    health plans and health insurance issuers offering
    group or individual health insurance coverage are
    audited by the Secretary or applicable State
    authority to ensure that--
    ``(I) <>  such
    plans and coverage are in compliance
    with the requirement of applying a
    qualifying payment amount under this
    section; and
    ``(II) such qualifying payment
    amount so applied satisfies the
    definition under paragraph (3)(E) with
    respect to the year involved, including
    with respect to a group health plan or
    health insurance issuer described in
    clause (ii) of such paragraph (3)(E).
    ``(ii) Audit samples.--Under the process
    established pursuant to clause (i), the
    Secretary--
    ``(I) shall conduct audits described
    in such clause, with respect to a year
    (beginning with 2022), of a sample with
    respect to such year of claims data from
    not more than 25 group health plans and
    health insurance issuers offering group
    or individual health insurance coverage;
    and
    ``(II) may audit any group health
    plan or health insurance issuer offering
    group or individual health insurance
    coverage if the Secretary has received
    any complaint or other information about
    such plan or coverage, respectively,
    that involves the compliance of the plan
    or coverage, respectively, with either
    of the requirements described in
    subclauses (I) and (II) of such clause.

    [[Page 2761]]

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

    [[Page 2762]]

    ``(C) Emergency services.--
    ``(i) In general.--The term `emergency
    services', with respect to an emergency medical
    condition, means--
    ``(I) a medical screening
    examination (as required under section
    1867 of the Social Security Act, or as
    would be required under such section if
    such section applied to an independent
    freestanding emergency department) that
    is within the capability of the
    emergency department of a hospital or of
    an independent freestanding emergency
    department, as applicable, including
    ancillary services routinely available
    to the emergency department to evaluate
    such emergency medical condition; and
    ``(II) within the capabilities of
    the staff and facilities available at
    the hospital or the independent
    freestanding emergency department, as
    applicable, such further medical
    examination and treatment as are
    required under section 1867 of such Act,
    or as would be required under such
    section if such section applied to an
    independent freestanding emergency
    department, to stabilize the patient
    (regardless of the department of the
    hospital in which such further
    examination or treatment is furnished).
    ``(ii) Inclusion of additional services.--
    ``(I) In general.--For purposes of
    this subsection and section 2799B-1, in
    the case of a participant, beneficiary,
    or enrollee who is enrolled in a group
    health plan or group or individual
    health insurance coverage offered by a
    health insurance issuer and who is
    furnished services described in clause
    (i) with respect to an emergency medical
    condition, the term `emergency services'
    shall include, unless each of the
    conditions described in subclause (II)
    are met, in addition to the items and
    services described in clause (i), items
    and services--
    ``(aa) for which benefits
    are provided or covered under
    the plan or coverage,
    respectively; and
    ``(bb) that are furnished by
    a nonparticipating provider or
    nonparticipating emergency
    facility (regardless of the
    department of the hospital in
    which such items or services are
    furnished) after the
    participant, beneficiary, or
    enrollee is stabilized and as
    part of outpatient observation
    or an inpatient or outpatient
    stay with respect to the visit
    in which the services described
    in clause (i) are furnished.
    ``(II) Conditions.--For purposes of
    subclause (I), the conditions described
    in this subclause, with respect to a
    participant, beneficiary, or enrollee
    who is stabilized and furnished
    additional items and services described
    in subclause (I) after such

    [[Page 2763]]

    stabilization by a provider or facility
    described in subclause (I), are the
    following;

    ``(aa) <>
    Such provider or facility
    determines such individual is
    able to travel using nonmedical
    transportation or nonemergency
    medical transportation.
    ``(bb) Such provider
    furnishing such additional items
    and services satisfies the
    notice and consent criteria of
    section 2799B-2(d) with respect
    to such items and services.

    ``(cc) <>  Such individual is
    in a condition to receive (as
    determined in accordance with
    guidelines issued by the
    Secretary pursuant to
    rulemaking) the information
    described in section 2799B-2 and
    to provide informed consent
    under such section, in
    accordance with applicable State
    law.
    ``(dd) Such other
    conditions, as specified by the
    Secretary, such as conditions
    relating to coordinating care
    transitions to participating
    providers and facilities.
    ``(D) Independent freestanding emergency
    department.--The term `independent freestanding
    emergency department' means a health care facility
    that--
    ``(i) is geographically separate and distinct
    and licensed separately from a hospital under
    applicable State law; and
    ``(ii) provides any of the emergency services
    (as defined in subparagraph (C)(i)).
    ``(E) Qualifying payment amount.--
    ``(i) In general.--The term `qualifying
    payment amount' means, subject to clauses (ii) and
    (iii), with respect to a sponsor of a group health
    plan and health insurance issuer offering group or
    individual health insurance coverage--
    ``(I) for an item or service
    furnished during 2022, the median of the
    contracted rates recognized by the plan
    or issuer, respectively (determined with
    respect to all such plans of such
    sponsor or all such coverage offered by
    such issuer that are offered within the
    same insurance market (specified in
    subclause (I), (II), (III), or (IV) of
    clause (iv)) as the plan or coverage) as
    the total maximum payment (including the
    cost-sharing amount imposed for such
    item or service and the amount to be
    paid by the plan or issuer,
    respectively) under such plans or
    coverage, respectively, on January 31,
    2019, for the same or a similar item or
    service that is provided by a provider
    in the same or similar specialty and
    provided in the geographic region in
    which the item or service is furnished,
    consistent with the methodology
    established by the Secretary under
    paragraph (2)(B), increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over 2019,
    such

    [[Page 2764]]

    percentage increase over 2020, and such
    percentage increase over 2021; and
    ``(II) for an item or service
    furnished during 2023 or a subsequent
    year, the qualifying payment amount
    determined under this clause for such an
    item or service furnished in the
    previous year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year.
    ``(ii) New plans and coverage.--The term
    `qualifying payment amount' means, with respect to
    a sponsor of a group health plan or health
    insurance issuer offering group or individual
    health insurance coverage in a geographic region
    in which such sponsor or issuer, respectively, did
    not offer any group health plan or health
    insurance coverage during 2019--
    ``(I) for the first year in which
    such group health plan, group health
    insurance coverage, or individual health
    insurance coverage, respectively, is
    offered in such region, a rate
    (determined in accordance with a
    methodology established by the
    Secretary) for items and services that
    are covered by such plan or coverage and
    furnished during such first year; and
    ``(II) for each subsequent year such
    group health plan, group health
    insurance coverage, or individual health
    insurance coverage, respectively, is
    offered in such region, the qualifying
    payment amount determined under this
    clause for such items and services
    furnished in the previous year,
    increased by the percentage increase in
    the consumer price index for all urban
    consumers (United States city average)
    over such previous year.
    ``(iii) Insufficient information; newly
    covered items and services.--In the
    case <>  of a sponsor of a
    group health plan or health insurance issuer
    offering group or individual health insurance
    coverage that does not have sufficient information
    to calculate the median of the contracted rates
    described in clause (i)(I) in 2019 (or, in the
    case of a newly covered item or service (as
    defined in clause (v)(III)), in the first coverage
    year (as defined in clause (v)(I)) for such item
    or service with respect to such plan or coverage)
    for an item or service (including with respect to
    provider type, or amount, of claims for items or
    services (as determined by the Secretary) provided
    in a particular geographic region (other than in a
    case with respect to which clause (ii) applies))
    the term `qualifying payment amount'--
    ``(I) <>  for
    an item or service furnished during 2022
    (or, in the case of a newly covered item
    or service, during the first coverage
    year for such item or service with
    respect to such plan or coverage), means
    such rate for such item or service
    determined by the sponsor or issuer,
    respectively, through use of any
    database that is determined,

    [[Page 2765]]

    in accordance with rulemaking described
    in paragraph (2)(B), to not have any
    conflicts of interest and to have
    sufficient information reflecting
    allowed amounts paid to a health care
    provider or facility for relevant
    services furnished in the applicable
    geographic region (such as a State all-
    payer claims database);
    ``(II) for an item or service
    furnished in a subsequent year (before
    the first sufficient information year
    (as defined in clause (v)(II)) for such
    item or service with respect to such
    plan or coverage), means the rate
    determined under subclause (I) or this
    subclause, as applicable, for such item
    or service for the year previous to such
    subsequent year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year;
    ``(III) for an item or service
    furnished in the first sufficient
    information year for such item or
    service with respect to such plan or
    coverage, has the meaning given the term
    qualifying payment amount in clause
    (i)(I), except that in applying such
    clause to such item or service, the
    reference to `furnished during 2022'
    shall be treated as a reference to
    furnished during such first sufficient
    information year, the reference to `in
    2019' shall be treated as a reference to
    such sufficient information year, and
    the increase described in such clause
    shall not be applied; and
    ``(IV) for an item or service
    furnished in any year subsequent to the
    first sufficient information year for
    such item or service with respect to
    such plan or coverage, has the meaning
    given such term in clause (i)(II),
    except that in applying such clause to
    such item or service, the reference to
    `furnished during 2023 or a subsequent
    year' shall be treated as a reference to
    furnished during the year after such
    first sufficient information year or a
    subsequent year.
    ``(iv) Insurance market.--For purposes of
    clause (i)(I), a health insurance market specified
    in this clause is one of the following:
    ``(I) The individual market.
    ``(II) The large group market (other
    than plans described in subclause (IV)).
    ``(III) The small group market
    (other than plans described in subclause
    (IV)).
    ``(IV) In the case of a self-insured
    group health plan, other self-insured
    group health plans.
    ``(v) Definitions.--For purposes of this
    subparagraph:
    ``(I) First coverage year.--The term
    `first coverage year' means, with
    respect to a group health plan or group
    or individual health insurance coverage
    offered by a health insurance issuer and
    an item or service for which coverage is
    not offered

    [[Page 2766]]

    in 2019 under such plan or coverage, the
    first year after 2019 for which coverage
    for such item or service is offered
    under such plan or health insurance
    coverage.
    ``(II) First sufficient information
    year.--The term `first sufficient
    information year' means, with respect to
    a group health plan or group or
    individual health insurance coverage
    offered by a health insurance issuer--
    ``(aa) in the case of an
    item or service for which the
    plan or coverage does not have
    sufficient information to
    calculate the median of the
    contracted rates described in
    clause (i)(I) in 2019, the first
    year subsequent to 2022 for
    which the sponsor or issuer has
    such sufficient information to
    calculate the median of such
    contracted rates in the year
    previous to such first
    subsequent year; and
    ``(bb) in the case of a
    newly covered item or service,
    the first year subsequent to the
    first coverage year for such
    item or service with respect to
    such plan or coverage for which
    the sponsor or issuer has
    sufficient information to
    calculate the median of the
    contracted rates described in
    clause (i)(I) in the year
    previous to such first
    subsequent year.
    ``(III) Newly covered item or
    service.--The term `newly covered item
    or service' means, with respect to a
    group health plan or group or individual
    health insurance issuer offering health
    insurance coverage, an item or service
    for which coverage was not offered in
    2019 under such plan or coverage, but is
    offered under such plan or coverage in a
    year after 2019.
    ``(F) Nonparticipating emergency facility;
    participating emergency facility.--
    ``(i) Nonparticipating emergency facility.--
    The term `nonparticipating emergency facility'
    means, with respect to an item or service and a
    group health plan or group or individual health
    insurance coverage offered by a health insurance
    issuer, an emergency department of a hospital, or
    an independent freestanding emergency department,
    that does not have a contractual relationship
    directly or indirectly with the plan or issuer,
    respectively, for furnishing such item or service
    under the plan or coverage, respectively.
    ``(ii) Participating emergency facility.--The
    term `participating emergency facility' means,
    with respect to an item or service and a group
    health plan or group or individual health
    insurance coverage offered by a health insurance
    issuer, an emergency department of a hospital, or
    an independent freestanding emergency department,
    that has a contractual relationship directly or
    indirectly with the plan or issuer, respectively,
    with respect to the furnishing of such an item or
    service at such facility.

    [[Page 2767]]

    ``(G) Nonparticipating providers; participating
    providers.--
    ``(i) Nonparticipating provider.--The term
    `nonparticipating provider' means, with respect to
    an item or service and a group health plan or
    group or individual health insurance coverage
    offered by a health insurance issuer, a physician
    or other health care provider who is acting within
    the scope of practice of that provider's license
    or certification under applicable State law and
    who does not have a contractual relationship with
    the plan or issuer, respectively, for furnishing
    such item or service under the plan or coverage,
    respectively.
    ``(ii) Participating provider.--The term
    `participating provider' means, with respect to an
    item or service and a group health plan or group
    or individual health insurance coverage offered by
    a health insurance issuer, a physician or other
    health care provider who is acting within the
    scope of practice of that provider's license or
    certification under applicable State law and who
    has a contractual relationship with the plan or
    issuer, respectively, for furnishing such item or
    service under the plan or coverage, respectively.
    ``(H) Recognized amount.--The term `recognized
    amount' means, with respect to an item or service
    furnished by a nonparticipating provider or
    nonparticipating emergency facility during a year and a
    group health plan or group or individual health
    insurance coverage offered by a health insurance
    issuer--
    ``(i) subject to clause (iii), in the case of
    such item or service furnished in a State that has
    in effect a specified State law with respect to
    such plan, coverage, or issuer, respectively; such
    a nonparticipating provider or nonparticipating
    emergency facility; and such an item or service,
    the amount determined in accordance with such law;
    ``(ii) subject to clause (iii), in the case of
    such item or service furnished in a State that
    does not have in effect a specified State law,
    with respect to such plan, coverage, or issuer,
    respectively; such a nonparticipating provider or
    nonparticipating emergency facility; and such an
    item or service, the amount that is the qualifying
    payment amount (as defined in subparagraph (E))
    for such year and determined in accordance with
    rulemaking described in paragraph (2)(B)) for such
    item or service; or
    ``(iii) in the case of such item or service
    furnished in a State with an All-Payer Model
    Agreement under section 1115A of the Social
    Security Act, the amount that the State approves
    under such system for such item or service so
    furnished.
    ``(I) Specified state law.--The term `specified
    State law' means, with respect to a State, an item or
    service furnished by a nonparticipating provider or
    nonparticipating emergency facility during a year and a
    group health plan or group or individual health
    insurance coverage offered by a health insurance issuer,
    a State law that

    [[Page 2768]]

    provides for a method for determining the total amount
    payable under such a plan, coverage, or issuer,
    respectively (to the extent such State law applies to
    such plan, coverage, or issuer, subject to section 514
    of the Employee Retirement Income Security Act of 1974)
    in the case of a participant, beneficiary, or enrollee
    covered under such plan or coverage and receiving such
    item or service from such a nonparticipating provider or
    nonparticipating emergency facility.
    ``(J) Stabilize.--The term `to stabilize', with
    respect to an emergency medical condition (as defined in
    subparagraph (B)), has the meaning give in section
    1867(e)(3) of the Social Security Act (42 U.S.C.
    1395dd(e)(3)).
    ``(K) Out-of-network rate.--The term `out-of-network
    rate' means, with respect to an item or service
    furnished in a State during a year to a participant,
    beneficiary, or enrollee of a group health plan or group
    or individual health insurance coverage offered by a
    health insurance issuer receiving such item or service
    from a nonparticipating provider or nonparticipating
    emergency facility--
    ``(i) subject to clause (iii), in the case of
    such item or service furnished in a State that has
    in effect a specified State law with respect to
    such plan, coverage, or issuer, respectively; such
    a nonparticipating provider or nonparticipating
    emergency facility; and such an item or service,
    the amount determined in accordance with such law;
    ``(ii) subject to clause (iii), in the case
    such State does not have in effect such a law with
    respect to such item or service, plan, and
    provider or facility--
    ``(I) subject to subclause (II), if
    the provider or facility (as applicable)
    and such plan or coverage agree on an
    amount of payment (including if such
    agreed on amount is the initial payment
    sent by the plan under subsection
    (a)(1)(C)(iv)(I),subsection (b)(1)(C),
    or section 2799A-2(a)(3)(A), as
    applicable, or is agreed on through open
    negotiations under subsection (c)(1))
    with respect to such item or service,
    such agreed on amount; or
    ``(II) <>  if
    such provider or facility (as
    applicable) and such plan or coverage
    enter the independent dispute resolution
    process under subsection (c) and do not
    so agree before the date on which a
    certified IDR entity (as defined in
    paragraph (4) of such subsection) makes
    a determination with respect to such
    item or service under such subsection,
    the amount of such determination; or
    ``(iii) in the case such State has an All-
    Payer Model Agreement under section 1115A of the
    Social Security Act, the amount that the State
    approves under such system for such item or
    service so furnished.
    ``(L) Cost-sharing.--The term `cost-sharing'
    includes copayments, coinsurance, and deductibles.

    ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
    ``(1) In general.--In the case of items or services (other
    than emergency services to which subsection (a) applies) for

    [[Page 2769]]

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

    [[Page 2770]]

    plan or issuer, respectively, with respect to the
    furnishing of such an item or service at the
    facility.
    ``(ii) Health care facility described.--A
    health care facility described in this clause,
    with respect to a group health plan or group or
    individual health insurance coverage, is each of
    the following:
    ``(I) A hospital (as defined in
    1861(e) of the Social Security Act).
    ``(II) A hospital outpatient
    department.
    ``(III) A critical access hospital
    (as defined in section 1861(mm)(1) of
    such Act).
    ``(IV) An ambulatory surgical center
    described in section 1833(i)(1)(A) of
    such Act.
    ``(V) Any other facility, specified
    by the Secretary, that provides items or
    services for which coverage is provided
    under the plan or coverage,
    respectively.
    ``(B) Visit.--The term `visit' shall, with respect
    to items and services furnished to an individual at a
    health care facility, include equipment and devices,
    telemedicine services, imaging services, laboratory
    services, preoperative and postoperative services, and
    such other items and services as the Secretary may
    specify, regardless of whether or not the provider
    furnishing such items or services is at the facility.

    ``(c) <>  Certain Access Fees to Certain
    Databases.--In the case of a sponsor of a group health plan or health
    insurance issuer offering group or individual health insurance coverage
    that, pursuant to subsection (a)(3)(E)(iii), uses a database described
    in such subsection to determine a rate to apply under such subsection
    for an item or service by reason of having insufficient information
    described in such subsection with respect to such item or service, such
    sponsor or issuer shall cover the cost for access to such database.''.
    (2) Transfer amendment.--Part D of title XXVII of the Public
    Health Service Act, as added by paragraph (1), is amended by
    adding at the end the following new section:
    ``SEC. 2799A-7. <>  OTHER PATIENT
    PROTECTIONS.

    ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group or individual health
    insurance coverage, requires or provides for designation by a
    participant, beneficiary, or enrollee of a participating primary care
    provider, then the plan or issuer shall permit each participant,
    beneficiary, and enrollee to designate any participating primary care
    provider who is available to accept such individual.
    ``(b) Access to Pediatric Care.--
    ``(1) Pediatric care.--In the case of a person who has a
    child who is a participant, beneficiary, or enrollee under a
    group health plan, or group or individual health insurance
    coverage offered by a health insurance issuer, if the plan or
    issuer requires or provides for the designation of a
    participating primary care provider for the child, the plan or
    issuer shall permit such person to designate a physician
    (allopathic or osteopathic) who specializes in pediatrics as the
    child's primary care provider if such provider participates in
    the network of the plan or issuer.

    [[Page 2771]]

    ``(2) Construction.--Nothing in paragraph (1) shall be
    construed to waive any exclusions of coverage under the terms
    and conditions of the plan or health insurance coverage with
    respect to coverage of pediatric care.

    ``(c) Patient Access to Obstetrical and Gynecological Care.--
    ``(1) General rights.--
    ``(A) Direct access.--A group health plan, or health
    insurance issuer offering group or individual health
    insurance coverage, described in paragraph (2) may not
    require authorization or referral by the plan, issuer,
    or any person (including a primary care provider
    described in paragraph (2)(B)) in the case of a female
    participant, beneficiary, or enrollee who seeks coverage
    for obstetrical or gynecological care provided by a
    participating health care professional who specializes
    in obstetrics or gynecology. Such professional shall
    agree to otherwise adhere to such plan's or issuer's
    policies and procedures, including procedures regarding
    referrals and obtaining prior authorization and
    providing services pursuant to a treatment plan (if any)
    approved by the plan or issuer.
    ``(B) Obstetrical and gynecological care.--A group
    health plan or health insurance issuer described in
    paragraph (2) shall treat the provision of obstetrical
    and gynecological care, and the ordering of related
    obstetrical and gynecological items and services,
    pursuant to the direct access described under
    subparagraph (A), by a participating health care
    professional who specializes in obstetrics or gynecology
    as the authorization of the primary care provider.
    ``(2) Application of paragraph.--A group health plan, or
    health insurance issuer offering group or individual health
    insurance coverage, described in this paragraph is a group
    health plan or health insurance coverage that--
    ``(A) provides coverage for obstetric or gynecologic
    care; and
    ``(B) requires the designation by a participant,
    beneficiary, or enrollee of a participating primary care
    provider.
    ``(3) Construction.--Nothing in paragraph (1) shall be
    construed to--
    ``(A) waive any exclusions of coverage under the
    terms and conditions of the plan or health insurance
    coverage with respect to coverage of obstetrical or
    gynecological care; or
    ``(B) preclude the group health plan or health
    insurance issuer involved from requiring that the
    obstetrical or gynecological provider notify the primary
    care health care professional or the plan or issuer of
    treatment decisions.''.
    (3) Conforming amendments.--
    (A) Section 2719A of the Public Health Service Act
    (42 U.S.C. 300gg-19a) is amended by adding at the end
    the following new subsection:

    ``(e) <>  Application.--The provisions of
    this section shall not apply with respect to a group health plan, health
    insurance issuers, or group or individual health insurance coverage with
    respect to plan years beginning on or on January 1, 2022.''.

    [[Page 2772]]

    (B) Section 2722 of the Public Health Service Act
    (42 U.S.C. 300gg-21) is amended--
    (i) in subsection (a)(1), by inserting ``and
    part D'' after ``subparts 1 and 2'';
    (ii) in subsection (b), by inserting ``and
    part D'' after ``subparts 1 and 2'';
    (iii) in subsection (c)(1), by inserting ``and
    part D'' after ``subparts 1 and 2'';
    (iv) in subsection (c)(2), by inserting ``and
    part D'' after ``subparts 1 and 2'';
    (v) in subsection (c)(3), by inserting ``and
    part D'' after ``this part''; and
    (vi) in subsection (d), in the matter
    preceding paragraph (1), by inserting ``and part
    D'' after ``this part''.
    (C) Section 2723 of the Public Health Service Act
    (42 U.S.C. 300gg-22) is amended--
    (i) in subsection (a)(1), by inserting ``and
    part D'' after ``this part'';
    (ii) in subsection (a)(2), by inserting ``or
    part D'' after ``this part'';
    (iii) in subsection (b)(1), by inserting ``or
    part D'' after ``this part'';
    (iv) in subsection (b)(2)(A), by inserting
    ``or part D'' after ``this part''; and
    (v) in subsection (b)(2)(C)(ii), by inserting
    ``and part D'' after ``this part''.
    (D) Section 2724 of the Public Health Service Act
    (42 U.S.C. 300gg-23) is amended--
    (i) in subsection (a)(1)--
    (I) by striking ``this part and part
    C insofar as it relates to this part''
    and inserting ``this part, part D, and
    part C insofar as it relates to this
    part or part D''; and
    (II) by inserting ``or part D''
    after ``requirement of this part'';
    (ii) in subsection (a)(2), by inserting ``or
    part D'' after ``this part''; and
    (iii) in subsection (c), by inserting ``or
    part D'' after ``this part (other than section
    2704)''.

    (b) ERISA Amendments.--
    (1) In general.--Subpart B of part 7 of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
    et seq.) is amended by adding at the end the following:
    ``SEC. 716. <>  PREVENTING SURPRISE MEDICAL
    BILLS.

    ``(a) Coverage of Emergency Services.--
    ``(1) In general.--If a group health plan, or a health
    insurance issuer offering group health insurance coverage,
    provides or covers any benefits with respect to services in an
    emergency department of a hospital or with respect to emergency
    services in an independent freestanding emergency department (as
    defined in paragraph (3)(D)), the plan or issuer shall cover
    emergency services (as defined in paragraph (3)(C))--
    ``(A) without the need for any prior authorization
    determination;

    [[Page 2773]]

    ``(B) whether the health care provider furnishing
    such services is a participating provider or a
    participating emergency facility, as applicable, with
    respect to such services;
    ``(C) in a manner so that, if such services are
    provided to a participant or beneficiary by a
    nonparticipating provider or a nonparticipating
    emergency facility--
    ``(i) such services will be provided without
    imposing any requirement under the plan for prior
    authorization of services or any limitation on
    coverage that is more restrictive than the
    requirements or limitations that apply to
    emergency services received from participating
    providers and participating emergency facilities
    with respect to such plan or coverage,
    respectively;
    ``(ii) the cost-sharing requirement is not
    greater than the requirement that would apply if
    such services were provided by a participating
    provider or a participating emergency facility;
    ``(iii) such cost-sharing requirement is
    calculated as if the total amount that would have
    been charged for such services by such
    participating provider or participating emergency
    facility were equal to the recognized amount (as
    defined in paragraph (3)(H)) for such services,
    plan or coverage, and year;
    ``(iv) the group health plan or health
    insurance issuer, respectively--
    ``(I) <>
    not later than 30 calendar days after
    the bill for such services is
    transmitted by such provider or
    facility, sends to the provider or
    facility, as applicable, an initial
    payment or notice of denial of payment;
    and
    ``(II) pays a total plan or coverage
    payment directly to such provider or
    facility, respectively (in accordance,
    if applicable, with the timing
    requirement described in subsection
    (c)(6)) that is, with application of any
    initial payment under subclause (I),
    equal to the amount by which the out-of-
    network rate (as defined in paragraph
    (3)(K)) for such services exceeds the
    cost-sharing amount for such services
    (as determined in accordance with
    clauses (ii) and (iii)) and year; and
    ``(v) any cost-sharing payments made by the
    participant or beneficiary with respect to such
    emergency services so furnished shall be counted
    toward any in-network deductible or out-of-pocket
    maximums applied under the plan or coverage,
    respectively (and such in-network deductible and
    out-of-pocket maximums shall be applied) in the
    same manner as if such cost-sharing payments were
    made with respect to emergency services furnished
    by a participating provider or a participating
    emergency facility; and
    ``(D) without regard to any other term or condition
    of such coverage (other than exclusion or coordination
    of benefits, or an affiliation or waiting period,
    permitted under section 2704 of the Public Health
    Service Act, including as incorporated pursuant to
    section 715 of this Act and section 9815 of the Internal
    Revenue Code of 1986, and other than applicable cost-
    sharing).

    [[Page 2774]]

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

    [[Page 2775]]

    if such section applied to an
    independent freestanding emergency
    department) that is within the
    capability of the emergency department
    of a hospital or of an independent
    freestanding emergency department, as
    applicable, including ancillary services
    routinely available to the emergency
    department to evaluate such emergency
    medical condition; and
    ``(II) within the capabilities of
    the staff and facilities available at
    the hospital or the independent
    freestanding emergency department, as
    applicable, such further medical
    examination and treatment as are
    required under section 1867 of such Act,
    or as would be required under such
    section if such section applied to an
    independent freestanding emergency
    department, to stabilize the patient
    (regardless of the department of the
    hospital in which such further
    examination or treatment is furnished).
    ``(ii) Inclusion of additional services.--
    ``(I) In general.--For purposes of
    this subsection and section 2799B-1 of
    the Public Health Service Act, in the
    case of a participant or beneficiary who
    is enrolled in a group health plan or
    group health insurance coverage offered
    by a health insurance issuer and who is
    furnished services described in clause
    (i) with respect to an emergency medical
    condition, the term `emergency services'
    shall include, unless each of the
    conditions described in subclause (II)
    are met, in addition to the items and
    services described in clause (i), items
    and services--
    ``(aa) for which benefits
    are provided or covered under
    the plan or coverage,
    respectively; and
    ``(bb) that are furnished by
    a nonparticipating provider or
    nonparticipating emergency
    facility (regardless of the
    department of the hospital in
    which such items or services are
    furnished) after the participant
    or beneficiary is stabilized and
    as part of outpatient
    observation or an inpatient or
    outpatient stay with respect to
    the visit in which the services
    described in clause (i) are
    furnished.
    ``(II) Conditions.--For purposes of
    subclause (I), the conditions described
    in this subclause, with respect to a
    participant or beneficiary who is
    stabilized and furnished additional
    items and services described in
    subclause (I) after such stabilization
    by a provider or facility described in
    subclause (I), are the following;

    ``(aa) <>
    Such provider or facility
    determines such individual is
    able to travel using nonmedical
    transportation or nonemergency
    medical transportation.
    ``(bb) Such provider
    furnishing such additional items
    and services satisfies the
    notice

    [[Page 2776]]

    and consent criteria of section
    2799B-2(d) with respect to such
    items and services.

    ``(cc) <>  Such individual is
    in a condition to receive (as
    determined in accordance with
    guidelines issued by the
    Secretary pursuant to
    rulemaking) the information
    described in section 2799B-2 and
    to provide informed consent
    under such section, in
    accordance with applicable State
    law.
    ``(dd) Such other
    conditions, as specified by the
    Secretary, such as conditions
    relating to coordinating care
    transitions to participating
    providers and facilities.
    ``(D) Independent freestanding emergency
    department.--The term `independent freestanding
    emergency department' means a health care facility
    that--
    ``(i) is geographically separate and distinct
    and licensed separately from a hospital under
    applicable State law; and
    ``(ii) provides any of the emergency services
    (as defined in subparagraph (C)(i)).
    ``(E) Qualifying payment amount.--
    ``(i) In general.--The term `qualifying
    payment amount' means, subject to clauses (ii) and
    (iii), with respect to a sponsor of a group health
    plan and health insurance issuer offering group
    health insurance coverage--
    ``(I) for an item or service
    furnished during 2022, the median of the
    contracted rates recognized by the plan
    or issuer, respectively (determined with
    respect to all such plans of such
    sponsor or all such coverage offered by
    such issuer that are offered within the
    same insurance market (specified in
    subclause (I), (II), or (III) of clause
    (iv)) as the plan or coverage) as the
    total maximum payment (including the
    cost-sharing amount imposed for such
    item or service and the amount to be
    paid by the plan or issuer,
    respectively) under such plans or
    coverage, respectively, on January 31,
    2019, for the same or a similar item or
    service that is provided by a provider
    in the same or similar specialty and
    provided in the geographic region in
    which the item or service is furnished,
    consistent with the methodology
    established by the Secretary under
    paragraph (2), increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over 2019,
    such percentage increase over 2020, and
    such percentage increase over 2021; and
    ``(II) for an item or service
    furnished during 2023 or a subsequent
    year, the qualifying payment amount
    determined under this clause for such an
    item or service furnished in the
    previous year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year.

    [[Page 2777]]

    ``(ii) New plans and coverage.--The term
    `qualifying payment amount' means, with respect to
    a sponsor of a group health plan or health
    insurance issuer offering group health insurance
    coverage in a geographic region in which such
    sponsor or issuer, respectively, did not offer any
    group health plan or health insurance coverage
    during 2019--
    ``(I) for the first year in which
    such group health plan or health
    insurance coverage, respectively, is
    offered in such region, a rate
    (determined in accordance with a
    methodology established by the
    Secretary) for items and services that
    are covered by such plan and furnished
    during such first year; and
    ``(II) for each subsequent year such
    group health plan or health insurance
    coverage, respectively, is offered in
    such region, the qualifying payment
    amount determined under this clause for
    such items and services furnished in the
    previous year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year.
    ``(iii) Insufficient information; newly
    covered items and services.--In the case of a
    sponsor of a group health plan or health insurance
    issuer offering group health insurance coverage
    that does not have sufficient information to
    calculate the median of the contracted rates
    described in clause (i)(I) in 2019 (or, in the
    case of a newly covered item or service (as
    defined in clause (v)(III)), in the first coverage
    year (as defined in clause (v)(I)) for such item
    or service with respect to such plan or coverage)
    for an item or service (including with respect to
    provider type, or amount, of claims for items or
    services (as determined by the Secretary) provided
    in a particular geographic region (other than in a
    case with respect to which clause (ii) applies))
    the term `qualifying payment amount'--
    ``(I) for an item or service
    furnished during 2022 (or, in the case
    of a newly covered item or service,
    during the first coverage year for such
    item or service with respect to such
    plan or coverage), means such rate for
    such item or service determined by the
    sponsor or issuer, respectively, through
    use of any database that is determined,
    in accordance with rulemaking described
    in paragraph (2), to not have any
    conflicts of interest and to have
    sufficient information reflecting
    allowed amounts paid to a health care
    provider or facility for relevant
    services furnished in the applicable
    geographic region (such as a State all-
    payer claims database);
    ``(II) for an item or service
    furnished in a subsequent year (before
    the first sufficient information year
    (as defined in clause (v)(II)) for such
    item or service with respect to such
    plan or coverage),

    [[Page 2778]]

    means the rate determined under
    subclause (I) or this subclause, as
    applicable, for such item or service for
    the year previous to such subsequent
    year, increased by the percentage
    increase in the consumer price index for
    all urban consumers (United States city
    average) over such previous year;
    ``(III) for an item or service
    furnished in the first sufficient
    information year for such item or
    service with respect to such plan or
    coverage, has the meaning given the term
    qualifying payment amount in clause
    (i)(I), except that in applying such
    clause to such item or service, the
    reference to `furnished during 2022'
    shall be treated as a reference to
    furnished during such first sufficient
    information year, the reference to `in
    2019' shall be treated as a reference to
    such sufficient information year, and
    the increase described in such clause
    shall not be applied; and
    ``(IV) for an item or service
    furnished in any year subsequent to the
    first sufficient information year for
    such item or service with respect to
    such plan or coverage, has the meaning
    given such term in clause (i)(II),
    except that in applying such clause to
    such item or service, the reference to
    `furnished during 2023 or a subsequent
    year' shall be treated as a reference to
    furnished during the year after such
    first sufficient information year or a
    subsequent year.
    ``(iv) Insurance market.--For purposes of
    clause (i)(I), a health insurance market specified
    in this clause is one of the following:
    ``(I) The large group market (other
    than plans described in subclause
    (III)).
    ``(II) The small group market (other
    than plans described in subclause
    (III)).
    ``(III) In the case of a self-
    insured group health plan, other self-
    insured group health plans.
    ``(v) Definitions.--For purposes of this
    subparagraph:
    ``(I) First coverage year.--The term
    `first coverage year' means, with
    respect to a group health plan or group
    health insurance coverage offered by a
    health insurance issuer and an item or
    service for which coverage is not
    offered in 2019 under such plan or
    coverage, the first year after 2019 for
    which coverage for such item or service
    is offered under such plan or health
    insurance coverage.
    ``(II) First sufficient information
    year.--The term `first sufficient
    information year' means, with respect to
    a group health plan or group health
    insurance coverage offered by a health
    insurance issuer--
    ``(aa) in the case of an
    item or service for which the
    plan or coverage does not have
    sufficient information to
    calculate the median

    [[Page 2779]]

    of the contracted rates
    described in clause (i)(I) in
    2019, the first year subsequent
    to 2022 for which such sponsor
    or issuer has such sufficient
    information to calculate the
    median of such contracted rates
    in the year previous to such
    first subsequent year; and
    ``(bb) in the case of a
    newly covered item or service,
    the first year subsequent to the
    first coverage year for such
    item or service with respect to
    such plan or coverage for which
    the sponsor or issuer has
    sufficient information to
    calculate the median of the
    contracted rates described in
    clause (i)(I) in the year
    previous to such first
    subsequent year.
    ``(III) Newly covered item or
    service.--The term `newly covered item
    or service' means, with respect to a
    group health plan or health insurance
    issuer offering group health insurance
    coverage, an item or service for which
    coverage was not offered in 2019 under
    such plan or coverage, but is offered
    under such plan or coverage in a year
    after 2019.
    ``(F) Nonparticipating emergency facility;
    participating emergency facility.--
    ``(i) Nonparticipating emergency facility.--
    The term `nonparticipating emergency facility'
    means, with respect to an item or service and a
    group health plan or group health insurance
    coverage offered by a health insurance issuer, an
    emergency department of a hospital, or an
    independent freestanding emergency department,
    that does not have a contractual relationship
    directly or indirectly with the plan or issuer,
    respectively, for furnishing such item or service
    under the plan or coverage, respectively.
    ``(ii) Participating emergency facility.--The
    term `participating emergency facility' means,
    with respect to an item or service and a group
    health plan or group health insurance coverage
    offered by a health insurance issuer, an emergency
    department of a hospital, or an independent
    freestanding emergency department, that has a
    contractual relationship directly or indirectly
    with the plan or issuer, respectively, with
    respect to the furnishing of such an item or
    service at such facility.
    ``(G) Nonparticipating providers; participating
    providers.--
    ``(i) Nonparticipating provider.--The term
    `nonparticipating provider' means, with respect to
    an item or service and a group health plan or
    group health insurance coverage offered by a
    health insurance issuer, a physician or other
    health care provider who is acting within the
    scope of practice of that provider's license or
    certification under applicable State law and who
    does not have a contractual relationship with the
    plan or issuer, respectively, for furnishing such
    item or service under the plan or coverage,
    respectively.

    [[Page 2780]]

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

    [[Page 2781]]

    in a State during a year to a participant or beneficiary
    of a group health plan or group health insurance
    coverage offered by a health insurance issuer receiving
    such item or service from a nonparticipating provider or
    nonparticipating emergency facility--
    ``(i) subject to clause (iii), in the case of
    such item or service furnished in a State that has
    in effect a specified State law with respect to
    such plan, coverage, or issuer, respectively; such
    a nonparticipating provider or nonparticipating
    emergency facility; and such an item or service,
    the amount determined in accordance with such law;
    ``(ii) subject to clause (iii), in the case
    such State does not have in effect such a law with
    respect to such item or service, plan, and
    provider or facility--
    ``(I) subject to subclause (II), if
    the provider or facility (as applicable)
    and such plan or coverage agree on an
    amount of payment (including if such
    agreed on amount is the initial payment
    sent by the plan under subsection
    (a)(1)(C)(iv)(I), subsection (b)(1)(C),
    or section 717(a)(3)(A), as applicable,
    or is agreed on through open
    negotiations under subsection (c)(1))
    with respect to such item or service,
    such agreed on amount; or
    ``(II) <>  if
    such provider or facility (as
    applicable) and such plan or coverage
    enter the independent dispute resolution
    process under subsection (c) and do not
    so agree before the date on which a
    certified IDR entity (as defined in
    paragraph (4) of such subsection) makes
    a determination with respect to such
    item or service under such subsection,
    the amount of such determination; or
    ``(iii) in the case such State has an All-
    Payer Model Agreement under section 1115A of the
    Social Security Act, the amount that the State
    approves under such system for such item or
    service so furnished.
    ``(L) Cost-sharing.--The term `cost-sharing'
    includes copayments, coinsurance, and deductibles.

    ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
    ``(1) In general.--In the case of items or services (other
    than emergency services to which subsection (a) applies) for
    which any benefits are provided or covered by a group health
    plan or health insurance issuer offering group health insurance
    coverage furnished to a participant or beneficiary of such plan
    or coverage by a nonparticipating provider (as defined in
    subsection (a)(3)(G)(i)) (and who, with respect to such items
    and services, has not satisfied the notice and consent criteria
    of section 2799B-2(d) of the Public Health Service Act) with
    respect to a visit (as defined by the Secretary in accordance
    with paragraph (2)(B)) at a participating health care facility
    (as defined in paragraph (2)(A)), with respect to such plan or
    coverage, respectively, the plan or coverage, respectively--
    ``(A) shall not impose on such participant or
    beneficiary a cost-sharing requirement for such items
    and services

    [[Page 2782]]

    so furnished that is greater than the cost-sharing
    requirement that would apply under such plan or
    coverage, respectively, had such items or services been
    furnished by a participating provider (as defined in
    subsection (a)(3)(G)(ii));
    ``(B) shall calculate such cost-sharing requirement
    as if the total amount that would have been charged for
    such items and services by such participating provider
    were equal to the recognized amount (as defined in
    subsection (a)(3)(H)) for such items and services, plan
    or coverage, and year;
    ``(C) <>  not later than 30
    calendar days after the bill for such items or services
    is transmitted by such provider, shall send to the
    provider an initial payment or notice of denial of
    payment;
    ``(D) shall pay a total plan or coverage payment
    directly, in accordance, if applicable, with the timing
    requirement described in subsection (c)(6), to such
    provider furnishing such items and services to such
    participant or beneficiary that is, with application of
    any initial payment under subparagraph (C), equal to the
    amount by which the out-of-network rate (as defined in
    subsection (a)(3)(K)) for such items and services
    exceeds the cost-sharing amount imposed under the plan
    or coverage, respectively, for such items and services
    (as determined in accordance with subparagraphs (A) and
    (B)) and year; and
    ``(E) shall count toward any in-network deductible
    and in-network out-of-pocket maximums (as applicable)
    applied under the plan or coverage, respectively, any
    cost-sharing payments made by the participant or
    beneficiary (and such in-network deductible and out-of-
    pocket maximums shall be applied) with respect to such
    items and services so furnished in the same manner as if
    such cost-sharing payments were with respect to items
    and services furnished by a participating provider.
    ``(2) Definitions.--In this section:
    ``(A) Participating health care facility.--
    ``(i) In general.--The term `participating
    health care facility' means, with respect to an
    item or service and a group health plan or health
    insurance issuer offering group health insurance
    coverage, a health care facility described in
    clause (ii) that has a direct or indirect
    contractual relationship with the plan or issuer,
    respectively, with respect to the furnishing of
    such an item or service at the facility.
    ``(ii) Health care facility described.--A
    health care facility described in this clause,
    with respect to a group health plan or group
    health insurance coverage, is each of the
    following:
    ``(I) A hospital (as defined in
    1861(e) of the Social Security Act).
    ``(II) A hospital outpatient
    department.
    ``(III) A critical access hospital
    (as defined in section 1861(mm)(1) of
    such Act).
    ``(IV) An ambulatory surgical center
    described in section 1833(i)(1)(A) of
    such Act.

    [[Page 2783]]

    ``(V) Any other facility, specified
    by the Secretary, that provides items or
    services for which coverage is provided
    under the plan or coverage,
    respectively.
    ``(B) Visit.--The term `visit' shall, with respect
    to items and services furnished to an individual at a
    health care facility, include equipment and devices,
    telemedicine services, imaging services, laboratory
    services, preoperative and postoperative services, and
    such other items and services as the Secretary may
    specify, regardless of whether or not the provider
    furnishing such items or services is at the facility.

    ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan or health insurance issuer offering group
    health insurance coverage that, pursuant to subsection (a)(3)(E)(iii),
    uses a database described in such subsection to determine a rate to
    apply under such subsection for an item or service by reason of having
    insufficient information described in such subsection with respect to
    such item or service, such sponsor or issuer shall cover the cost for
    access to such database.''.
    (2) Transfer amendment.--Subpart B of part 7 of title I of
    the Employee Retirement Income Security Act of 1974 (29 U.S.C.
    1185 et seq.), as amended by paragraph (1), is further amended
    by adding at the end the following:
    ``SEC. 722. <>  OTHER PATIENT PROTECTIONS.

    ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group health insurance coverage,
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan or issuer shall
    permit each participant and beneficiary to designate any participating
    primary care provider who is available to accept such individual.
    ``(b) Access to Pediatric Care.--
    ``(1) Pediatric care.--In the case of a person who has a
    child who is a participant or beneficiary under a group health
    plan, or group health insurance coverage offered by a health
    insurance issuer, if the plan or issuer requires or provides for
    the designation of a participating primary care provider for the
    child, the plan or issuer shall permit such person to designate
    a physician (allopathic or osteopathic) who specializes in
    pediatrics as the child's primary care provider if such provider
    participates in the network of the plan or issuer.
    ``(2) Construction.--Nothing in paragraph (1) shall be
    construed to waive any exclusions of coverage under the terms
    and conditions of the plan or health insurance coverage with
    respect to coverage of pediatric care.

    ``(c) Patient Access to Obstetrical and Gynecological Care.--
    ``(1) General rights.--
    ``(A) Direct access.--A group health plan, or health
    insurance issuer offering group health insurance
    coverage, described in paragraph (2) may not require
    authorization or referral by the plan, issuer, or any
    person (including a primary care provider described in
    paragraph (2)(B)) in the case of a female participant or
    beneficiary who

    [[Page 2784]]

    seeks coverage for obstetrical or gynecological care
    provided by a participating health care professional who
    specializes in obstetrics or gynecology. Such
    professional shall agree to otherwise adhere to such
    plan's or issuer's policies and procedures, including
    procedures regarding referrals and obtaining prior
    authorization and providing services pursuant to a
    treatment plan (if any) approved by the plan or issuer.
    ``(B) Obstetrical and gynecological care.--A group
    health plan or health insurance issuer described in
    paragraph (2) shall treat the provision of obstetrical
    and gynecological care, and the ordering of related
    obstetrical and gynecological items and services,
    pursuant to the direct access described under
    subparagraph (A), by a participating health care
    professional who specializes in obstetrics or gynecology
    as the authorization of the primary care provider.
    ``(2) Application of paragraph.--A group health plan, or
    health insurance issuer offering group health insurance
    coverage, described in this paragraph is a group health plan or
    coverage that--
    ``(A) provides coverage for obstetric or gynecologic
    care; and
    ``(B) requires the designation by a participant or
    beneficiary of a participating primary care provider.
    ``(3) Construction.--Nothing in paragraph (1) shall be
    construed to--
    ``(A) waive any exclusions of coverage under the
    terms and conditions of the plan or health insurance
    coverage with respect to coverage of obstetrical or
    gynecological care; or
    ``(B) preclude the group health plan or health
    insurance issuer involved from requiring that the
    obstetrical or gynecological provider notify the primary
    care health care professional or the plan or issuer of
    treatment decisions.''.
    (3) Clerical amendment.--The table of contents of the
    Employee Retirement Income Security Act of 1974 is amended by
    inserting after the item relating to section 714 the following:

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

    (c) IRC Amendments.--
    (1) In general.--Subchapter B of chapter 100 of the Internal
    Revenue Code of 1986 is amended by adding at the end the
    following:
    ``SEC. 9816. <>  PREVENTING SURPRISE MEDICAL
    BILLS.

    ``(a) Coverage of Emergency Services.--
    ``(1) In general.--If a group health plan provides or covers
    any benefits with respect to services in an emergency department
    of a hospital or with respect to emergency services in an
    independent freestanding emergency department (as defined in
    paragraph (3)(D)), the plan shall cover emergency services (as
    defined in paragraph (3)(C))--
    ``(A) without the need for any prior authorization
    determination;

    [[Page 2785]]

    ``(B) whether the health care provider furnishing
    such services is a participating provider or a
    participating emergency facility, as applicable, with
    respect to such services;
    ``(C) in a manner so that, if such services are
    provided to a participant or beneficiary by a
    nonparticipating provider or a nonparticipating
    emergency facility--
    ``(i) such services will be provided without
    imposing any requirement under the plan for prior
    authorization of services or any limitation on
    coverage that is more restrictive than the
    requirements or limitations that apply to
    emergency services received from participating
    providers and participating emergency facilities
    with respect to such plan;
    ``(ii) the cost-sharing requirement is not
    greater than the requirement that would apply if
    such services were provided by a participating
    provider or a participating emergency facility;
    ``(iii) such cost-sharing requirement is
    calculated as if the total amount that would have
    been charged for such services by such
    participating provider or participating emergency
    facility were equal to the recognized amount (as
    defined in paragraph (3)(H)) for such services,
    plan, and year;
    ``(iv) the group health plan--
    ``(I) <>
    not later than 30 calendar days after
    the bill for such services is
    transmitted by such provider or
    facility, sends to the provider or
    facility, as applicable, an initial
    payment or notice of denial of payment;
    and
    ``(II) pays a total plan payment
    directly to such provider or facility,
    respectively (in accordance, if
    applicable, with the timing requirement
    described in subsection (c)(6)) that is,
    with application of any initial payment
    under subclause (I), equal to the amount
    by which the out-of-network rate (as
    defined in paragraph (3)(K)) for such
    services exceeds the cost-sharing amount
    for such services (as determined in
    accordance with clauses (ii) and (iii))
    and year; and
    ``(iv) any cost-sharing payments made by the
    participant or beneficiary with respect to such
    emergency services so furnished shall be counted
    toward any in-network deductible or out-of-pocket
    maximums applied under the plan (and such in-
    network deductible and out-of-pocket maximums
    shall be applied) in the same manner as if such
    cost-sharing payments were made with respect to
    emergency services furnished by a participating
    provider or a participating emergency facility;
    and
    ``(D) without regard to any other term or condition
    of such coverage (other than exclusion or coordination
    of benefits, or an affiliation or waiting period,
    permitted under section 2704 of the Public Health
    Service Act, including as incorporated pursuant to
    section 715 of the Employee Retirement Income Security
    Act of 1974 and section 9815 of this Act, and other than
    applicable cost-sharing).

    [[Page 2786]]

    ``(2) Audit process and regulations for qualifying payment
    amounts.--
    ``(A) Audit process.--
    ``(i) <>  In
    general.--Not later than October 1, 2021, the
    Secretary, in consultation with the Secretary of
    Health and Human Services and the Secretary of
    Labor, shall establish through rulemaking a
    process, in accordance with clause (ii), under
    which group health plans are audited by the
    Secretary or applicable State authority to ensure
    that--
    ``(I) <>  such
    plans are in compliance with the
    requirement of applying a qualifying
    payment amount under this section; and
    ``(II) such qualifying payment
    amount so applied satisfies the
    definition under paragraph (3)(E) with
    respect to the year involved, including
    with respect to a group health plan
    described in clause (ii) of such
    paragraph (3)(E).
    ``(ii) Audit samples.--Under the process
    established pursuant to clause (i), the
    Secretary--
    ``(I) shall conduct audits described
    in such clause, with respect to a year
    (beginning with 2022), of a sample with
    respect to such year of claims data from
    not more than 25 group health plans; and
    ``(II) may audit any group health
    plan if the Secretary has received any
    complaint or other information about
    such plan or coverage, respectively,
    that involves the compliance of the plan
    with either of the requirements
    described in subclauses (I) and (II) of
    such clause.
    ``(iii) Reports.--Beginning for 2022, the
    Secretary shall annually submit to Congress a
    report on the number of plans and issuers with
    respect to which audits were conducted during such
    year pursuant to this subparagraph.
    ``(B) <>
    Rulemaking.--Not later than July 1, 2021, the Secretary,
    in consultation with the Secretary of Labor and the
    Secretary of Health and Human Services, shall establish
    through rulemaking--
    ``(i) the methodology the group health plan
    shall use to determine the qualifying payment
    amount, differentiating by large group market and
    small group market;
    ``(ii) the information such plan or issuer,
    respectively, shall share with the
    nonparticipating provider or nonparticipating
    facility, as applicable, when making such a
    determination;
    ``(iii) the geographic regions applied for
    purposes of this subparagraph, taking into account
    access to items and services in rural and
    underserved areas, including health professional
    shortage areas, as defined in section 332 of the
    Public Health Service Act; and
    ``(iv) <>  a process to
    receive complaints of violations of the
    requirements described in subclauses (I) and (II)
    of subparagraph (A)(i) by group health plans.

    [[Page 2787]]

    Such rulemaking shall take into account payments that
    are made by such plan that are not on a fee-for-service
    basis. Such methodology may account for relevant payment
    adjustments that take into account quality or facility
    type (including higher acuity settings and the case-mix
    of various facility types) that are otherwise taken into
    account for purposes of determining payment amounts with
    respect to participating facilities.
    In <>  carrying out clause
    (iii), the Secretary shall consult with the National
    Association of Insurance Commissioners to establish the
    geographic regions under such clause and shall
    periodically update such regions, as appropriate, taking
    into account the findings of the report submitted under
    section 109(a) of the No Surprises Act.
    ``(3) Definitions.--In this subchapter:
    ``(A) Emergency department of a hospital.--The term
    `emergency department of a hospital' includes a hospital
    outpatient department that provides emergency services
    (as defined in subparagraph (C)(i)).
    ``(B) Emergency medical condition.--The term
    `emergency medical condition' means a medical condition
    manifesting itself by acute symptoms of sufficient
    severity (including severe pain) such that a prudent
    layperson, who possesses an average knowledge of health
    and medicine, could reasonably expect the absence of
    immediate medical attention to result in a condition
    described in clause (i), (ii), or (iii) of section
    1867(e)(1)(A) of the Social Security Act.
    ``(C) Emergency services.--
    ``(i) In general.--The term `emergency
    services', with respect to an emergency medical
    condition, means--
    ``(I) a medical screening
    examination (as required under section
    1867 of the Social Security Act, or as
    would be required under such section if
    such section applied to an independent
    freestanding emergency department) that
    is within the capability of the
    emergency department of a hospital or of
    an independent freestanding emergency
    department, as applicable, including
    ancillary services routinely available
    to the emergency department to evaluate
    such emergency medical condition; and
    ``(II) within the capabilities of
    the staff and facilities available at
    the hospital or the independent
    freestanding emergency department, as
    applicable, such further medical
    examination and treatment as are
    required under section 1867 of such Act,
    or as would be required under such
    section if such section applied to an
    independent freestanding emergency
    department, to stabilize the patient
    (regardless of the department of the
    hospital in which such further
    examination or treatment is furnished).
    ``(ii) Inclusion of additional services.--
    ``(I) In general.--For purposes of
    this subsection and section 2799B-1 of
    the Public Health

    [[Page 2788]]

    Service Act, in the case of a
    participant or beneficiary who is
    enrolled in a group health plan and who
    is furnished services described in
    clause (i) with respect to an emergency
    medical condition, the term `emergency
    services' shall include, unless each of
    the conditions described in subclause
    (II) are met, in addition to the items
    and services described in clause (i),
    items and services--
    ``(aa) for which benefits
    are provided or covered under
    the plan; and
    ``(bb) that are furnished by
    a nonparticipating provider or
    nonparticipating emergency
    facility (regardless of the
    department of the hospital in
    which such items or services are
    furnished) after the participant
    or beneficiary is stabilized and
    as part of outpatient
    observation or an inpatient or
    outpatient stay with respect to
    the visit in which the services
    described in clause (i) are
    furnished.
    ``(II) Conditions.--For purposes of
    subclause (I), the conditions described
    in this subclause, with respect to a
    participant or beneficiary who is
    stabilized and furnished additional
    items and services described in
    subclause (I) after such stabilization
    by a provider or facility described in
    subclause (I), are the following;

    ``(aa) <>
    Such provider or facility
    determines such individual is
    able to travel using nonmedical
    transportation or nonemergency
    medical transportation.
    ``(bb) Such provider
    furnishing such additional items
    and services satisfies the
    notice and consent criteria of
    section 2799B-2(d) with respect
    to such items and services.

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

    [[Page 2789]]

    ``(I) for an item or service
    furnished during 2022, the median of the
    contracted rates recognized by the plan
    (determined with respect to all such
    plans of such sponsor that are offered
    within the same insurance market
    (specified in subclause (I), (II), or
    (III) of clause (iv)) as the plan) as
    the total maximum payment (including the
    cost-sharing amount imposed for such
    item or service and the amount to be
    paid by the plan) under such plans on
    January 31, 2019 for the same or a
    similar item or service that is provided
    by a provider in the same or similar
    specialty and provided in the geographic
    region in which the item or service is
    furnished, consistent with the
    methodology established by the Secretary
    under paragraph (2)(B), increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over 2019,
    such percentage increase over 2020, and
    such percentage increase over 2021; and
    ``(II) for an item or service
    furnished during 2023 or a subsequent
    year, the qualifying payment amount
    determined under this clause for such an
    item or service furnished in the
    previous year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year.
    ``(ii) New plans and coverage.--The term
    `qualifying payment amount' means, with respect to
    a sponsor of a group health plan in a geographic
    region in which such sponsor, respectively, did
    not offer any group health plan or health
    insurance coverage during 2019--
    ``(I) <>  for
    the first year in which such group
    health plan is offered in such region, a
    rate (determined in accordance with a
    methodology established by the
    Secretary) for items and services that
    are covered by such plan and furnished
    during such first year; and
    ``(II) for each subsequent year such
    group health plan is offered in such
    region, the qualifying payment amount
    determined under this clause for such
    items and services furnished in the
    previous year, increased by the
    percentage increase in the consumer
    price index for all urban consumers
    (United States city average) over such
    previous year.
    ``(iii) Insufficient information; newly
    covered items and services.--
    <> In the case of a sponsor
    of a group health plan that does not have
    sufficient information to calculate the median of
    the contracted rates described in clause (i)(I) in
    2019 (or, in the case of a newly covered item or
    service (as defined in clause (v)(III)), in the
    first coverage year (as defined in clause (v)(I))
    for such item or service with respect to such
    plan) for an item or service (including with
    respect to provider type, or amount, of claims for
    items or

    [[Page 2790]]

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

    [[Page 2791]]

    ``(III) In the case of a self-
    insured group health plan, other self-
    insured group health plans.
    ``(v) Definitions.--For purposes of this
    subparagraph:
    ``(I) First coverage year.--The term
    `first coverage year' means, with
    respect to a group health plan and an
    item or service for which coverage is
    not offered in 2019 under such plan or
    coverage, the first year after 2019 for
    which coverage for such item or service
    is offered under such plan.
    ``(II) First sufficient information
    year.--The term `first sufficient
    information year' means, with respect to
    a group health plan--
    ``(aa) in the case of an
    item or service for which the
    plan does not have sufficient
    information to calculate the
    median of the contracted rates
    described in clause (i)(I) in
    2019, the first year subsequent
    to 2022 for which such sponsor
    has such sufficient information
    to calculate the median of such
    contracted rates in the year
    previous to such first
    subsequent year; and
    ``(bb) in the case of a
    newly covered item or service,
    the first year subsequent to the
    first coverage year for such
    item or service with respect to
    such plan for which the sponsor
    has sufficient information to
    calculate the median of the
    contracted rates described in
    clause (i)(I) in the year
    previous to such first
    subsequent year.
    ``(III) Newly covered item or
    service.--The term `newly covered item
    or service' means, with respect to a
    group health plan, an item or service
    for which coverage was not offered in
    2019 under such plan or coverage, but is
    offered under such plan or coverage in a
    year after 2019.
    ``(F) Nonparticipating emergency facility;
    participating emergency facility.--
    ``(i) Nonparticipating emergency facility.--
    The term `nonparticipating emergency facility'
    means, with respect to an item or service and a
    group health plan, an emergency department of a
    hospital, or an independent freestanding emergency
    department, that does not have a contractual
    relationship directly or indirectly with the plan
    for furnishing such item or service under the
    plan.
    ``(ii) Participating emergency facility.--The
    term `participating emergency facility' means,
    with respect to an item or service and a group
    health plan, an emergency department of a
    hospital, or an independent freestanding emergency
    department, that has a contractual relationship
    directly or indirectly with the plan, with respect
    to the furnishing of such an item or service at
    such facility.
    ``(G) Nonparticipating providers; participating
    providers.--

    [[Page 2792]]

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

    [[Page 2793]]

    ``(K) Out-of-network rate.--The term `out-of-network
    rate' means, with respect to an item or service
    furnished in a State during a year to a participant or
    beneficiary of a group health plan receiving such item
    or service from a nonparticipating provider or
    nonparticipating emergency facility--
    ``(i) subject to clause (iii), in the case of
    such item or service furnished in a State that has
    in effect a specified State law with respect to
    such plan; such a nonparticipating provider or
    nonparticipating emergency facility; and such an
    item or service, the amount determined in
    accordance with such law;
    ``(ii) subject to clause (iii), in the case
    such State does not have in effect such a law with
    respect to such item or service, plan, and
    provider or facility--
    ``(I) subject to subclause (II), if
    the provider or facility (as applicable)
    and such plan or coverage agree on an
    amount of payment (including if such
    agreed on amount is the initial payment
    sent by the plan under subsection
    (a)(1)(C)(iv)(I), subsection (b)(1)(C),
    or section 9817(a)(3)(A), as applicable,
    or is agreed on through open
    negotiations under subsection (c)(1))
    with respect to such item or service,
    such agreed on amount; or
    ``(II) <>  if
    such provider or facility (as
    applicable) and such plan or coverage
    enter the independent dispute resolution
    process under subsection (c) and do not
    so agree before the date on which a
    certified IDR entity (as defined in
    paragraph (4) of such subsection) makes
    a determination with respect to such
    item or service under such subsection,
    the amount of such determination; or
    ``(iii) in the case such State has an All-
    Payer Model Agreement under section 1115A of the
    Social Security Act, the amount that the State
    approves under such system for such item or
    service so furnished.
    ``(L) Cost-sharing.--The term `cost-sharing'
    includes copayments, coinsurance, and deductibles.

    ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
    ``(1) <>  In general.--In the case of
    items or services (other than emergency services to which
    subsection (a) applies) for which any benefits are provided or
    covered by a group health plan furnished to a participant or
    beneficiary of such plan by a nonparticipating provider (as
    defined in subsection (a)(3)(G)(i)) (and who, with respect to
    such items and services, has not satisfied the notice and
    consent criteria of section 2799B-2(d) of the Public Health
    Service Act) with respect to a visit (as defined by the
    Secretary in accordance with paragraph (2)(B)) at a
    participating health care facility (as defined in paragraph
    (2)(A)), with respect to such plan, the plan--
    ``(A) shall not impose on such participant or
    beneficiary a cost-sharing requirement for such items
    and services so furnished that is greater than the cost-
    sharing requirement that would apply under such plan had
    such items

    [[Page 2794]]

    or services been furnished by a participating provider
    (as defined in subsection (a)(3)(G)(ii));
    ``(B) shall calculate such cost-sharing requirement
    as if the total amount that would have been charged for
    such items and services by such participating provider
    were equal to the recognized amount (as defined in
    subsection (a)(3)(H)) for such items and services, plan,
    and year;
    ``(C) <>  not later than 30
    calendar days after the bill for such items or services
    is transmitted by such provider, shall send to the
    provider an initial payment or notice of denial of
    payment;
    ``(D) shall pay a total plan payment directly, in
    accordance, if applicable, with the timing requirement
    described in subsection (c)(6), to such provider
    furnishing such items and services to such participant
    or beneficiary that is, with application of any initial
    payment under subparagraph (C), equal to the amount by
    which the out-of-network rate (as defined in subsection
    (a)(3)(K)) for such items and services exceeds the cost-
    sharing amount imposed under the plan for such items and
    services (as determined in accordance with subparagraphs
    (A) and (B)) and year; and
    ``(E) shall count toward any in-network deductible
    and in-network out-of-pocket maximums (as applicable)
    applied under the plan, any cost-sharing payments made
    by the participant or beneficiary (and such in-network
    deductible and out-of-pocket maximums shall be applied)
    with respect to such items and services so furnished in
    the same manner as if such cost-sharing payments were
    with respect to items and services furnished by a
    participating provider.
    ``(2) Definitions.--In this section:
    ``(A) Participating health care facility.--
    ``(i) In general.--The term `participating
    health care facility' means, with respect to an
    item or service and a group health plan, a health
    care facility described in clause (ii) that has a
    direct or indirect contractual relationship with
    the plan, with respect to the furnishing of such
    an item or service at the facility.
    ``(ii) Health care facility described.--A
    health care facility described in this clause,
    with respect to a group health plan or health
    insurance coverage offered in the group or
    individual market, is each of the following:
    ``(I) A hospital (as defined in
    1861(e) of the Social Security Act).
    ``(II) A hospital outpatient
    department.
    ``(III) A critical access hospital
    (as defined in section 1861(mm)(1) of
    such Act).
    ``(IV) An ambulatory surgical center
    described in section 1833(i)(1)(A) of
    such Act.
    ``(V) Any other facility, specified
    by the Secretary, that provides items or
    services for which coverage is provided
    under the plan or coverage,
    respectively.
    ``(B) Visit.--The term `visit' shall, with respect
    to items and services furnished to an individual at a
    health care

    [[Page 2795]]

    facility, include equipment and devices, telemedicine
    services, imaging services, laboratory services,
    preoperative and postoperative services, and such other
    items and services as the Secretary may specify,
    regardless of whether or not the provider furnishing
    such items or services is at the facility.

    ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan that, pursuant to subsection
    (a)(3)(E)(iii), uses a database described in such subsection to
    determine a rate to apply under such subsection for an item or service
    by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor shall
    cover the cost for access to such database.''.
    (2) Transfer amendment.--Subchapter B of chapter 100 of the
    Internal Revenue Code of 1986, as amended by paragraph (1), is
    further amended by adding at the end the following:
    ``SEC. 9822. <>  OTHER PATIENT PROTECTIONS.

    ``(a) Choice of Health Care Professional.--If a group health plan
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan shall permit each
    participant and beneficiary to designate any participating primary care
    provider who is available to accept such individual.
    ``(b) Access to Pediatric Care.--
    ``(1) Pediatric care.--In the case of a person who has a
    child who is a participant or beneficiary under a group health
    plan if the plan requires or provides for the designation of a
    participating primary care provider for the child, the plan
    shall permit such person to designate a physician (allopathic or
    osteopathic) who specializes in pediatrics as the child's
    primary care provider if such provider participates in the
    network of the plan.
    ``(2) Construction.--Nothing in paragraph (1) shall be
    construed to waive any exclusions of coverage under the terms
    and conditions of the plan with respect to coverage of pediatric
    care.

    ``(c) Patient Access to Obstetrical and Gynecological Care.--
    ``(1) General rights.--
    ``(A) Direct access.--A group health plan described
    in paragraph (2) may not require authorization or
    referral by the plan, issuer, or any person (including a
    primary care provider described in paragraph (2)(B)) in
    the case of a female participant or beneficiary who
    seeks coverage for obstetrical or gynecological care
    provided by a participating health care professional who
    specializes in obstetrics or gynecology. Such
    professional shall agree to otherwise adhere to such
    plan's policies and procedures, including procedures
    regarding referrals and obtaining prior authorization
    and providing services pursuant to a treatment plan (if
    any) approved by the plan.
    ``(B) Obstetrical and gynecological care.--A group
    health plan described in paragraph (2) shall treat the
    provision of obstetrical and gynecological care, and the
    ordering of related obstetrical and gynecological items
    and services, pursuant to the direct access described
    under subparagraph

    [[Page 2796]]

    (A), by a participating health care professional who
    specializes in obstetrics or gynecology as the
    authorization of the primary care provider.
    ``(2) Application of paragraph.--A group health plan
    described in this paragraph is a group health plan that--
    ``(A) provides coverage for obstetric or gynecologic
    care; and
    ``(B) requires the designation by a participant or
    beneficiary of a participating primary care provider.
    ``(3) Construction.--Nothing in paragraph (1) shall be
    construed to--
    ``(A) waive any exclusions of coverage under the
    terms and conditions of the plan with respect to
    coverage of obstetrical or gynecological care; or
    ``(B) preclude the group health plan involved from
    requiring that the obstetrical or gynecological provider
    notify the primary care health care professional or the
    plan or issuer of treatment decisions.''.
    (3) Clerical amendment.--The table of sections for
    subchapter B of chapter 100 of the Internal Revenue Code of
    1986 <>  is amended by adding at the
    end the following new item:

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

    (4) Conforming amendments.--
    (A) In general.--Section 223(c) of the Internal
    Revenue Code of 1986 <>  is amended--
    (i) in paragraph (1), by adding at the end the
    following:
    ``(D) Special rule for individuals receiving
    benefits subject to surprise billing statutes.--An
    individual shall not fail to be treated as an eligible
    individual for any period merely because the individual
    receives benefits for medical care subject to and in
    accordance with section 9816 or 9817, section 2799A-1 or
    2799A-2 of the Public Health Service Act, or section 716
    or 717 of the Employee Retirement Income Security Act of
    1974, or any State law providing similar protections to
    such individual.''; and
    (ii) in paragraph (2), by adding at the end
    the following:
    ``(F) Special rule for surprise billing.--A plan
    shall not fail to be treated as a high deductible health
    plan by reason of providing benefits for medical care in
    accordance with section 9816 or 9817, section 2799A-1 or
    2799A-2 of the Public Health Service Act, or section 716
    or 717 of the Employee Retirement Income Security Act of
    1974, or any State law providing similar protections to
    individuals, prior to the satisfaction of the deductible
    under paragraph (2)(A)(i).''.
    (B) <>  Effective date.--The
    amendments made by subparagraph (A) shall apply for plan
    years beginning on or after January 1, 2022.

    (d) Additional Application Provisions.--

    [[Page 2797]]

    (1) Application to fehb.--Section 8902 of title 5, United
    States Code, is amended by adding at the end the following new
    subsection:

    ``(p) <>  Each contract under this
    chapter shall require the carrier to comply with requirements described
    in the provisions of sections 2799A-1, 2799A-2, and 2799A-7 of the
    Public Health Service Act, sections 716, 717, and 722 of the Employee
    Retirement Income Security Act of 1974, and sections 9816, 9817, and
    9822 of the Internal Revenue Code of 1986 (as applicable) in the same
    manner as such provisions apply to a group health plan or health
    insurance issuer offering group or individual health insurance coverage,
    as described in such sections. The provisions of sections 2799B-1,
    2799B-2, 2799B-3, and 2799B-5 of the Public Health Service Act shall
    apply to a health care provider and facility and an air ambulance
    provider described in such respective sections with respect to an
    enrollee in a health benefits plan under this chapter in the same manner
    as such provisions apply to such a provider and facility with respect to
    an enrollee in a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer, as described in
    such sections.''.
    (2) Application to grandfathered plans.--Section 1251(a) of
    the Patient Protection and Affordable Care Act (42 U.S.C.
    18011(a)) is amended by adding at the end the following:
    ``(5) <>  Application of additional
    provisions.--Sections 2799A-1, 2799A-2, and 2799A-7 of the
    Public Health Service Act shall apply to grandfathered health
    plans for plan years beginning on or after January 1, 2022.''.
    (3) <>  Rule of construction.--
    Nothing in this title, including the amendments made by this
    title may be construed as modifying, reducing, or eliminating--
    (A) the protections under section 222 of the Indian
    Health Care Improvement Act (25 U.S.C. 1621u) and under
    subpart I of part 136 of title 42, Code of Federal
    Regulations (or any successor regulation), against
    payment liability for a patient who receives contract
    health services that are authorized by the Indian Health
    Service; or
    (B) the requirements under section 1866(a)(1)(U) of
    the Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).

    (e) <>  Effective Date.--The
    amendments made by this section shall apply with respect to plan years
    (or, in the case of the amendment made by subsection (d)(1), with
    respect to contracts entered into or renewed for contract years)
    beginning on or after January 1, 2022.
    SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID BY
    HEALTH PLANS; INDEPENDENT DISPUTE
    RESOLU-
    TION PROCESS.

    (a) PHSA.--Section 2799A-1, as added by section 102, <>  is amended--
    (1) by redesignating subsection (c) as subsection (d); and
    (2) by inserting after subsection (b) the following new
    subsection:

    ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>  Determination through open
    negotiation.--
    ``(A) <>  In general.--With respect
    to an item or service furnished in a year by a
    nonparticipating provider or a

    [[Page 2798]]

    nonparticipating facility, with respect to a group
    health plan or health insurance issuer offering group or
    individual health insurance coverage, in a State
    described in subsection (a)(3)(K)(ii) with respect to
    such plan or coverage and provider or facility, and for
    which a payment is required to be made by the plan or
    coverage pursuant to subsection (a)(1) or (b)(1), the
    provider or facility (as applicable) or plan or coverage
    may, during the 30-day period beginning on the day the
    provider or facility receives an initial payment or a
    notice of denial of payment from the plan or coverage
    regarding a claim for payment for such item or service,
    initiate open negotiations under this paragraph between
    such provider or facility and plan or coverage for
    purposes of determining, during the open negotiation
    period, an amount agreed on by such provider or
    facility, respectively, and such plan or coverage for
    payment (including any cost-sharing) for such item or
    service. For purposes of this subsection, the open
    negotiation period, with respect to an item or service,
    is the 30-day period beginning on the date of initiation
    of the negotiations with respect to such item or
    service.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to an item or service, that do not result in a
    determination of an amount of payment for such item or
    service by the last day of the open negotiation period
    described in such subparagraph with respect to such item
    or service, the provider or facility (as applicable) or
    group health plan or health insurance issuer offering
    group or individual health insurance coverage that was
    party to such negotiations may, during the 4-day period
    beginning on the day after such open negotiation period,
    initiate the independent dispute resolution process
    under paragraph (2) with respect to such item or
    service. <>  The
    independent dispute resolution process shall be
    initiated by a party pursuant to the previous sentence
    by submission to the other party and to the Secretary of
    a notification (containing such information as specified
    by the Secretary) and for purposes of this subsection,
    the date of initiation of such process shall be the date
    of such submission or such other date specified by the
    Secretary pursuant to regulations that is not later than
    the date of receipt of such notification by both the
    other party and the Secretary.
    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Labor and the Secretary of the
    Treasury, shall establish by regulation one independent
    dispute resolution process (referred to in this
    subsection as the `IDR process') under which, in the
    case of an item or service with respect to which a
    provider or facility (as applicable) or group health
    plan or health insurance issuer offering group or
    individual health insurance coverage submits a
    notification under paragraph (1)(B) (in this subsection
    referred to as a `qualified IDR item or service'),

    [[Page 2799]]

    a certified IDR entity under paragraph (4) determines,
    subject to subparagraph (B) and in accordance with the
    succeeding provisions of this subsection, the amount of
    payment under the plan or coverage for such item or
    service furnished by such provider or facility.
    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for a qualified IDR item
    or service agree on a payment amount for such item or
    service during such process but before the date on which
    the entity selected with respect to such determination
    under paragraph (4) makes such determination under
    paragraph (5), such amount shall be treated for purposes
    of subsection (a)(3)(K)(ii) as the amount agreed to by
    such parties for such item or
    service. <>  In the case of an
    agreement described in the previous sentence, the
    independent dispute resolution process shall provide for
    a method to determine how to allocate between the
    parties to such determination the payment of the
    compensation of the entity selected with respect to such
    determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 with respect to
    such item or service pursuant to subsection (b) of such
    section.
    ``(3) Treatment of batching of items and services.--
    ``(A) <>  In general.--Under the
    IDR process, the Secretary shall specify criteria under
    which multiple qualified IDR dispute items and services
    are permitted to be considered jointly as part of a
    single determination by an entity for purposes of
    encouraging the efficiency (including minimizing costs)
    of the IDR process. Such items and services may be so
    considered only if--
    ``(i) such items and services to be included
    in such determination are furnished by the same
    provider or facility;
    ``(ii) payment for such items and services is
    required to be made by the same group health plan
    or health insurance issuer;
    ``(iii) such items and services are related to
    the treatment of a similar condition; and
    ``(iv) <>
    such items and services were furnished during the
    30 day period following the date on which the
    first item or service included with respect to
    such determination was furnished or an alternative
    period as determined by the Secretary, for use in
    limited situations, such as by the consent of the
    parties or in the case of low-volume items and
    services, to encourage procedural efficiency and
    minimize health plan and provider administrative
    costs.
    ``(B) Treatment of bundled payments.--In carrying
    out subparagraph (A), the Secretary shall provide that,
    in the case of items and services which are included by
    a provider or facility as part of a bundled payment,
    such items and services included in such bundled payment
    may be part of a single determination under this
    subsection.

    [[Page 2800]]

    ``(4) Certification and selection of idr entities.--
    ``(A) <>  In general.--The
    Secretary, in consultation with the Secretary of Labor
    and Secretary of the Treasury, shall establish a process
    to certify (including to recertify) entities under this
    paragraph. Such process shall ensure that an entity so
    certified--
    ``(i) has (directly or through contracts or
    other arrangements) sufficient medical, legal, and
    other expertise and sufficient staffing to make
    determinations described in paragraph (5) on a
    timely basis;
    ``(ii) is not--
    ``(I) a group health plan or health
    insurance issuer offering group or
    individual health insurance coverage,
    provider, or facility;
    ``(II) an affiliate or a subsidiary
    of such a group health plan or health
    insurance issuer, provider, or facility;
    or
    ``(III) an affiliate or subsidiary
    of a professional or trade association
    of such group health plans or health
    insurance issuers or of providers or
    facilities;
    ``(iii) carries out the responsibilities of
    such an entity in accordance with this subsection;
    ``(iv) meets appropriate indicators of fiscal
    integrity;
    ``(v) maintains the confidentiality (in
    accordance with regulations promulgated by the
    Secretary) of individually identifiable health
    information obtained in the course of conducting
    such determinations;
    ``(vi) does not under the IDR process carry
    out any determination with respect to which the
    entity would not pursuant to subclause (I), (II),
    or (III) of subparagraph (F)(i) be eligible for
    selection; and
    ``(vii) meets such other requirements as
    determined appropriate by the Secretary.
    ``(B) Period of certification.--Subject to
    subparagraph (C), each certification (including a
    recertification) of an entity under the process
    described in subparagraph (A) shall be for a 5-year
    period.
    ``(C) Revocation.--A certification of an entity
    under this paragraph may be revoked under the process
    described in subparagraph (A) if the entity has a
    pattern or practice of noncompliance with any of the
    requirements described in such subparagraph.
    ``(D) Petition for denial or withdrawal.--The
    process described in subparagraph (A) shall ensure that
    an individual, provider, facility, or group health plan
    or health insurance issuer offering group or individual
    health insurance coverage may petition for a denial of a
    certification or a revocation of a certification with
    respect to an entity under this paragraph for failure of
    meeting a requirement of this subsection.
    ``(E) Sufficient number of entities.--The process
    described in subparagraph (A) shall ensure that a
    sufficient number of entities are certified under this
    paragraph to ensure the timely and efficient provision
    of determinations described in paragraph (5).

    [[Page 2801]]

    ``(F) <>  Selection of certified
    idr entity.--The Secretary shall, with respect to the
    determination of the amount of payment under this
    subsection of an item or service, provide for a method--
    ``(i) <>  that allows for
    the group health plan or health insurance issuer
    offering group or individual health insurance
    coverage and the nonparticipating provider or the
    nonparticipating emergency facility (as
    applicable) involved in a notification under
    paragraph (1)(B) to jointly select, not later than
    the last day of the 3-business day period
    following the date of the initiation of the
    process with respect to such item or service, for
    purposes of making such determination, an entity
    certified under this paragraph that--
    ``(I) is not a party to such
    determination or an employee or agent of
    such a party;
    ``(II) does not have a material
    familial, financial, or professional
    relationship with such a party; and
    ``(III) does not otherwise have a
    conflict of interest with such a party
    (as determined by the Secretary); and
    ``(ii) that requires, in the case such parties
    do not make such selection by such last day, the
    Secretary to, not later than 6 business days after
    such date of initiation--
    ``(I) select such an entity that
    satisfies subclauses (I) through (III)
    of clause (i)); and
    ``(II) <>
    provide notification of such selection
    to the provider or facility (as
    applicable) and the plan or issuer (as
    applicable) party to such determination.

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

    [[Page 2802]]

    ``(i) shall each submit to the certified IDR
    entity with respect to such determination--
    ``(I) an offer for a payment amount
    for such item or service furnished by
    such provider or facility; and
    ``(II) such information as requested
    by the certified IDR entity relating to
    such offer; and
    ``(ii) may each submit to the certified IDR
    entity with respect to such determination any
    information relating to such offer submitted by
    either party, including information relating to
    any circumstance described in subparagraph
    (C)(ii).
    ``(C) Considerations in determination.--
    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR item or
    service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in subsection (a)(3)(E)) for
    the applicable year for items or
    services that are comparable to the
    qualified IDR item or service and that
    are furnished in the same geographic
    region (as defined by the Secretary for
    purposes of such subsection) as such
    qualified IDR item or service; and
    ``(II) subject to subparagraph (D),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).
    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to a qualified IDR
    item or service of a nonparticipating provider,
    nonparticipating emergency facility, group health
    plan, or health insurance issuer of group or
    individual health insurance coverage the
    following:
    ``(I) The level of training,
    experience, and quality and outcomes
    measurements of the provider or facility
    that furnished such item or service
    (such as those endorsed by the
    consensus-based entity authorized in
    section 1890 of the Social Security
    Act).
    ``(II) The market share held by the
    nonparticipating provider or facility or
    that of the plan or issuer in the
    geographic region in which the item or
    service was provided.
    ``(III) The acuity of the individual
    receiving such item or service or the
    complexity of furnishing such item or
    service to such individual.
    ``(IV) The teaching status, case
    mix, and scope of services of the
    nonparticipating facility that furnished
    such item or service.
    ``(V) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan or
    issuer to enter into network agreements

    [[Page 2803]]

    and, if applicable, contracted rates
    between the provider or facility, as
    applicable, and the plan or issuer, as
    applicable, during the previous 4 plan
    years.
    ``(D) Prohibition on consideration of certain
    factors.--In determining which offer is the payment to
    be applied with respect to qualified IDR items and
    services furnished by a provider or facility, the
    certified IDR entity with respect to a determination
    shall not consider usual and customary charges, the
    amount that would have been billed by such provider or
    facility with respect to such items and services had the
    provisions of section 2799B-1 or 2799B-2 (as applicable)
    not applied, or the payment or reimbursement rate for
    such items and services furnished by such provider or
    facility payable by a public payor, including under the
    Medicare program under title XVIII of the Social
    Security Act, under the Medicaid program under title XIX
    of such Act, under the Children's Health Insurance
    Program under title XXI of such Act, under the TRICARE
    program under chapter 55 of title 10, United States
    Code, or under chapter 17 of title 38, United States
    Code.
    ``(E) <>  Effects of
    determination.--
    ``(i) In general.--A determination of a
    certified IDR entity under subparagraph (A)--
    ``(I) shall be binding upon the
    parties involved, in the absence of a
    fraudulent claim or evidence of
    misrepresentation of facts presented to
    the IDR entity involved regarding such
    claim; and
    ``(II) shall not be subject to
    judicial review, except in a case
    described in any of paragraphs (1)
    through (4) of section 10(a) of title 9,
    United States Code.
    ``(ii) Suspension of certain subsequent idr
    requests.--In the case of a determination of a
    certified IDR entity under subparagraph (A), with
    respect to an initial notification submitted under
    paragraph (1)(B) with respect to qualified IDR
    items and services and the two parties involved
    with such notification, the party that submitted
    such notification may not submit during the 90-day
    period following such determination a subsequent
    notification under such paragraph involving the
    same other party to such notification with respect
    to such an item or service that was the subject of
    such initial notification.
    ``(iii) Subsequent submission of requests
    permitted.--In the case of a notification that
    pursuant to clause (ii) is not permitted to be
    submitted under paragraph (1)(B) during a 90-day
    period specified in such clause, if the end of the
    open negotiation period specified in paragraph
    (1)(A), that but for this clause would otherwise
    apply with respect to such notification, occurs
    during such 90-day period, such paragraph (1)(B)
    shall be applied as if the reference in such
    paragraph to the 4-day period beginning on the day
    after such open negotiation period were instead a
    reference

    [[Page 2804]]

    to the 30-day period beginning on the day after
    the last day of such 90-day period.
    ``(iv) <>  Reports.--The Secretary, jointly with
    the Secretary of Labor and the Secretary of the
    Treasury, shall examine the impact of the
    application of clause (ii) and whether the
    application of such clause delays payment
    determinations or impacts early, alternative
    resolution of claims (such as through open
    negotiations), and shall submit to Congress, not
    later than 2 years after the date of
    implementation of such clause an interim report
    (and not later than 4 years after such date of
    implementation, a final report) on whether any
    group health plans or health insurance issuers
    offering group or individual health insurance
    coverage or types of such plans or coverage have a
    pattern or practice of routine denial, low
    payment, or down-coding of claims, or otherwise
    abuse the 90-day period described in such clause,
    including recommendations on ways to discourage
    such a pattern or practice.
    ``(F) Costs of independent dispute resolution
    process.--In the case of a notification under paragraph
    (1)(B) submitted by a nonparticipating provider,
    nonparticipating emergency facility, group health plan,
    or health insurance issuer offering group or individual
    health insurance coverage and submitted to a certified
    IDR entity--
    ``(i) if such entity makes a determination
    with respect to such notification under
    subparagraph (A), the party whose offer is not
    chosen under such subparagraph shall be
    responsible for paying all fees charged by such
    entity; and
    ``(ii) if the parties reach a settlement with
    respect to such notification prior to such a
    determination, each party shall pay half of all
    fees charged by such entity, unless the parties
    otherwise agree.
    ``(6) <>  Timing of payment.--The total
    plan or coverage payment required pursuant to subsection (a)(1)
    or (b)(1), with respect to a qualified IDR item or service for
    which a determination is made under paragraph (5)(A) or with
    respect to an item or service for which a payment amount is
    determined under open negotiations under paragraph (1), shall be
    made directly to the nonparticipating provider or facility not
    later than 30 days after the date on which such determination is
    made.
    ``(7) Publication of information relating to the idr
    process.--
    ``(A) <>  Publication of information.--For each
    calendar quarter in 2022 and each calendar quarter in a
    subsequent year, the Secretary shall make available on
    the public website of the Department of Health and Human
    Services--
    ``(i) the number of notifications submitted
    under paragraph (1)(B) during such calendar
    quarter;
    ``(ii) the size of the provider practices and
    the size of the facilities submitting
    notifications under paragraph (1)(B) during such
    calendar quarter;
    ``(iii) the number of such notifications with
    respect to which a determination was made under
    paragraph (5)(A);

    [[Page 2805]]

    ``(iv) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made;
    ``(v) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount, specified
    by items and services;
    ``(vi) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vii) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and
    ``(viii) the total amount of compensation paid
    to certified IDR entities under paragraph (5)(F)
    during such calendar quarter.
    ``(B) Information.--For purposes of subparagraph
    (A), the information described in this subparagraph is,
    with respect to a notification under paragraph (1)(B) by
    a nonparticipating provider, nonparticipating emergency
    facility, group health plan, or health insurance issuer
    offering group or individual health insurance coverage--
    ``(i) a description of each item and service
    included with respect to such notification;
    ``(ii) the geography in which the items and
    services with respect to such notification were
    provided;
    ``(iii) the amount of the offer submitted
    under paragraph (5)(B) by the group health plan or
    health insurance issuer (as applicable) and by the
    nonparticipating provider or nonparticipating
    emergency facility (as applicable) expressed as a
    percentage of the qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or issuer (as applicable) or by such provider
    or facility (as applicable) and the amount of such
    offer so selected expressed as a percentage of the
    qualifying payment amount;
    ``(v) the category and practice specialty of
    each such provider or facility involved in
    furnishing such items and services;
    ``(vi) the identity of the health plan or
    health insurance issuer, provider, or facility,
    with respect to the notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.
    ``(C) IDR entity requirements.--For 2022 and each
    subsequent year, an IDR entity, as a condition of
    certification as an IDR entity, shall submit to the
    Secretary such information as the Secretary determines
    necessary to carry out the provisions of this
    subsection.

    [[Page 2806]]

    ``(D) Clarification.--The Secretary shall ensure the
    public reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (3) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect to such determination in an amount
    described in subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) Waiver authority.--The Secretary may modify any
    deadline or other timing requirement specified under this
    subsection (other than the establishment date for the IDR
    process under paragraph (2)(A) and other than under paragraph
    (6)) in cases of extenuating circumstances, as specified by the
    Secretary, or to ensure that all claims that occur during a 90-
    day period described in paragraph (5)(E)(ii), but with respect
    to which a notification is not permitted by reason of such
    paragraph to be submitted under paragraph (1)(B) during such
    period, are eligible for the IDR process.''.

    (b) ERISA.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102, <>  is
    amended--
    (1) by redesignating subsection (c) as subsection (d); and
    (2) by inserting after subsection (b) the following new
    subsection:

    ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>  Determination through open
    negotiation.--
    ``(A) <>  In general.--With respect
    to an item or service furnished in a year by a
    nonparticipating provider or a nonparticipating
    facility, with respect to a group health plan or health
    insurance issuer offering group health insurance
    coverage, in a State described in subsection
    (a)(3)(K)(ii) with respect to such plan or coverage and
    provider or facility, and for which a payment is
    required to be made by the plan or coverage pursuant to
    subsection (a)(1) or (b)(1), the provider or facility
    (as applicable) or plan or coverage may, during the 30-
    day period beginning on the day the provider or facility
    receives an initial payment or a notice of denial of
    payment from the plan or coverage regarding a claim for
    payment for such item or service, initiate open
    negotiations under this paragraph between such provider
    or facility and plan or coverage for purposes of
    determining, during the open negotiation period, an
    amount agreed on by such provider or facility,
    respectively, and such plan or coverage for payment

    [[Page 2807]]

    (including any cost-sharing) for such item or service.
    For purposes of this subsection, the open negotiation
    period, with respect to an item or service, is the 30-
    day period beginning on the date of initiation of the
    negotiations with respect to such item or service.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to an item or service, that do not result in a
    determination of an amount of payment for such item or
    service by the last day of the open negotiation period
    described in such subparagraph with respect to such item
    or service, the provider or facility (as applicable) or
    group health plan or health insurance issuer offering
    group health insurance coverage that was party to such
    negotiations may, during the 4-day period beginning on
    the day after such open negotiation period, initiate the
    independent dispute resolution process under paragraph
    (2) with respect to such item or
    service. <>
    The independent dispute resolution process shall be
    initiated by a party pursuant to the previous sentence
    by submission to the other party and to the Secretary of
    a notification (containing such information as specified
    by the Secretary) and for purposes of this subsection,
    the date of initiation of such process shall be the date
    of such submission or such other date specified by the
    Secretary pursuant to regulations that is not later than
    the date of receipt of such notification by both the
    other party and the Secretary.
    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Health and Human Services and the
    Secretary of the Treasury, shall establish by regulation
    one independent dispute resolution process (referred to
    in this subsection as the `IDR process') under which, in
    the case of an item or service with respect to which a
    provider or facility (as applicable) or group health
    plan or health insurance issuer offering group health
    insurance coverage submits a notification under
    paragraph (1)(B) (in this subsection referred to as a
    `qualified IDR item or service'), a certified IDR entity
    under paragraph (4) determines, subject to subparagraph
    (B) and in accordance with the succeeding provisions of
    this subsection, the amount of payment under the plan or
    coverage for such item or service furnished by such
    provider or facility.
    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for a qualified IDR item
    or service agree on a payment amount for such item or
    service during such process but before the date on which
    the entity selected with respect to such determination
    under paragraph (4) makes such determination under
    paragraph (5), such amount shall be treated for purposes
    of subsection (a)(3)(K)(ii) as the amount agreed to by
    such parties for such item or service. In the case of an
    agreement described in the previous sentence, the
    independent dispute

    [[Page 2808]]

    resolution process shall provide for a method to
    determine how to allocate between the parties to such
    determination the payment of the compensation of the
    entity selected with respect to such determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 of the Public
    Health Service Act with respect to such item or service
    pursuant to subsection (b) of such section.
    ``(3) Treatment of batching of items and services.--
    ``(A) <>  In general.--Under the
    IDR process, the Secretary shall specify criteria under
    which multiple qualified IDR dispute items and services
    are permitted to be considered jointly as part of a
    single determination by an entity for purposes of
    encouraging the efficiency (including minimizing costs)
    of the IDR process. Such items and services may be so
    considered only if--
    ``(i) such items and services to be included
    in such determination are furnished by the same
    provider or facility;
    ``(ii) payment for such items and services is
    required to be made by the same group health plan
    or health insurance issuer;
    ``(iii) such items and services are related to
    the treatment of a similar condition; and
    ``(iv) <>  such items and
    services were furnished during the 30 day period
    following the date on which the first item or
    service included with respect to such
    determination was furnished or an alternative
    period as determined by the Secretary, for use in
    limited situations, such as by the consent of the
    parties or in the case of low-volume items and
    services, to encourage procedural efficiency and
    minimize health plan and provider administrative
    costs.
    ``(B) Treatment of bundled payments.--In carrying
    out subparagraph (A), the Secretary shall provide that,
    in the case of items and services which are included by
    a provider or facility as part of a bundled payment,
    such items and services included in such bundled payment
    may be part of a single determination under this
    subsection.
    ``(4) Certification and selection of idr entities.--
    ``(A) In general.--The Secretary, jointly with the
    Secretary of Health and Human Services and Secretary of
    the Treasury, shall establish a process to certify
    (including to recertify) entities under this paragraph.
    Such process shall ensure that an entity so certified--
    ``(i) has (directly or through contracts or
    other arrangements) sufficient medical, legal, and
    other expertise and sufficient staffing to make
    determinations described in paragraph (5) on a
    timely basis;
    ``(ii) is not--
    ``(I) a group health plan or health
    insurance issuer offering group health
    insurance coverage, provider, or
    facility;

    [[Page 2809]]

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

    [[Page 2810]]

    ``(I) is not a party to such
    determination or an employee or agent of
    such a party;
    ``(II) does not have a material
    familial, financial, or professional
    relationship with such a party; and
    ``(III) does not otherwise have a
    conflict of interest with such a party
    (as determined by the Secretary); and
    ``(ii) that requires, in the case such parties
    do not make such selection by such last day, the
    Secretary to, not later than 6 business days after
    such date of initiation--
    ``(I) select such an entity that
    satisfies subclauses (I) through (III)
    of clause (i)); and
    ``(II) <>
    provide notification of such selection
    to the provider or facility (as
    applicable) and the plan or issuer (as
    applicable) party to such determination.

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

    [[Page 2811]]

    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR item or
    service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in subsection (a)(3)(E)) for
    the applicable year for items or
    services that are comparable to the
    qualified IDR item or service and that
    are furnished in the same geographic
    region (as defined by the Secretary for
    purposes of such subsection) as such
    qualified IDR item or service; and
    ``(II) subject to subparagraph (D),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).
    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to a qualified IDR
    item or service of a nonparticipating provider,
    nonparticipating emergency facility, group health
    plan, or health insurance issuer of group health
    insurance coverage the following:
    ``(I) The level of training,
    experience, and quality and outcomes
    measurements of the provider or facility
    that furnished such item or service
    (such as those endorsed by the
    consensus-based entity authorized in
    section 1890 of the Social Security
    Act).
    ``(II) The market share held by the
    nonparticipating provider or facility or
    that of the plan or issuer in the
    geographic region in which the item or
    service was provided.
    ``(III) The acuity of the individual
    receiving such item or service or the
    complexity of furnishing such item or
    service to such individual.
    ``(IV) The teaching status, case
    mix, and scope of services of the
    nonparticipating facility that furnished
    such item or service.
    ``(V) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan or
    issuer to enter into network agreements
    and, if applicable, contracted rates
    between the provider or facility, as
    applicable, and the plan or issuer, as
    applicable, during the previous 4 plan
    years.
    ``(D) Prohibition on consideration of certain
    factors.--In determining which offer is the payment to
    be applied with respect to qualified IDR items and
    services furnished by a provider or facility, the
    certified IDR entity with respect to a determination
    shall not consider usual and customary charges, the
    amount that would have been billed by such provider or
    facility with respect to such items and services had the
    provisions of section 2799B-1 of the Public Health
    Service Act or 2799B-2 of such Act (as applicable) not
    applied, or the payment or

    [[Page 2812]]

    reimbursement rate for such items and services furnished
    by such provider or facility payable by a public payor,
    including under the Medicare program under title XVIII
    of the Social Security Act, under the Medicaid program
    under title XIX of such Act, under the Children's Health
    Insurance Program under title XXI of such Act, under the
    TRICARE program under chapter 55 of title 10, United
    States Code, or under chapter 17 of title 38, United
    States Code.
    ``(E) <>  Effects of
    determination.--
    ``(i) In general.--A determination of a
    certified IDR entity under subparagraph (A)--
    ``(I) shall be binding upon the
    parties involved, in the absence of a
    fraudulent claim or evidence of
    misrepresentation of facts presented to
    the IDR entity involved regarding such
    claim; and
    ``(II) shall not be subject to
    judicial review, except in a case
    described in any of paragraphs (1)
    through (4) of section 10(a) of title 9,
    United States Code.
    ``(ii) Suspension of certain subsequent idr
    requests.--In the case of a determination of a
    certified IDR entity under subparagraph (A), with
    respect to an initial notification submitted under
    paragraph (1)(B) with respect to qualified IDR
    items and services and the two parties involved
    with such notification, the party that submitted
    such notification may not submit during the 90-day
    period following such determination a subsequent
    notification under such paragraph involving the
    same other party to such notification with respect
    to such an item or service that was the subject of
    such initial notification.
    ``(iii) Subsequent submission of requests
    permitted.--In the case of a notification that
    pursuant to clause (ii) is not permitted to be
    submitted under paragraph (1)(B) during a 90-day
    period specified in such clause, if the end of the
    open negotiation period specified in paragraph
    (1)(A), that but for this clause would otherwise
    apply with respect to such notification, occurs
    during such 90-day period, such paragraph (1)(B)
    shall be applied as if the reference in such
    paragraph to the 4-day period beginning on the day
    after such open negotiation period were instead a
    reference to the 30-day period beginning on the
    day after the last day of such 90-day period.
    ``(iv) <>  Reports.--The Secretary, jointly with
    the Secretary of Health and Human Services and the
    Secretary of the Treasury, shall examine the
    impact of the application of clause (ii) and
    whether the application of such clause delays
    payment determinations or impacts early,
    alternative resolution of claims (such as through
    open negotiations), and shall submit to Congress,
    not later than 2 years after the date of
    implementation of such clause an interim report
    (and not later than 4 years after such date of
    implementation, a final report) on whether any
    group health plans or health insurance issuers
    offering group or individual

    [[Page 2813]]

    health insurance coverage or types of such plans
    or coverage have a pattern or practice of routine
    denial, low payment, or down-coding of claims, or
    otherwise abuse the 90-day period described in
    such clause, including recommendations on ways to
    discourage such a pattern or practice.
    ``(F) Costs of independent dispute resolution
    process.--In the case of a notification under paragraph
    (1)(B) submitted by a nonparticipating provider,
    nonparticipating emergency facility, group health plan,
    or health insurance issuer offering group health
    insurance coverage and submitted to a certified IDR
    entity--
    ``(i) if such entity makes a determination
    with respect to such notification under
    subparagraph (A), the party whose offer is not
    chosen under such subparagraph shall be
    responsible for paying all fees charged by such
    entity; and
    ``(ii) if the parties reach a settlement with
    respect to such notification prior to such a
    determination, each party shall pay half of all
    fees charged by such entity, unless the parties
    otherwise agree.
    ``(6) <>  Timing of payment.--The total
    plan or coverage payment required pursuant to subsection (a)(1)
    or (b)(1), with respect to a qualified IDR item or service for
    which a determination is made under paragraph (5)(A) or with
    respect to an item or service for which a payment amount is
    determined under open negotiations under paragraph (1), shall be
    made directly to the nonparticipating provider or facility not
    later than 30 days after the date on which such determination is
    made.
    ``(7) Publication of information relating to the idr
    process.--
    ``(A) <>  Publication of information.--For each
    calendar quarter in 2022 and each calendar quarter in a
    subsequent year, the Secretary shall make available on
    the public website of the Department of Labor--
    ``(i) the number of notifications submitted
    under paragraph (1)(B) during such calendar
    quarter;
    ``(ii) the size of the provider practices and
    the size of the facilities submitting
    notifications under paragraph (1)(B) during such
    calendar quarter;
    ``(iii) the number of such notifications with
    respect to which a determination was made under
    paragraph (5)(A);
    ``(iv) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made;
    ``(v) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount, specified
    by items and services;
    ``(vi) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vii) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and

    [[Page 2814]]

    ``(viii) the total amount of compensation paid
    to certified IDR entities under paragraph (5)(F)
    during such calendar quarter.
    ``(B) Information.--For purposes of subparagraph
    (A), the information described in this subparagraph is,
    with respect to a notification under paragraph (1)(B) by
    a nonparticipating provider, nonparticipating emergency
    facility, group health plan, or health insurance issuer
    offering group health insurance coverage--
    ``(i) a description of each item and service
    included with respect to such notification;
    ``(ii) the geography in which the items and
    services with respect to such notification were
    provided;
    ``(iii) the amount of the offer submitted
    under paragraph (5)(B) by the group health plan or
    health insurance issuer (as applicable) and by the
    nonparticipating provider or nonparticipating
    emergency facility (as applicable) expressed as a
    percentage of the qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or issuer (as applicable) or by such provider
    or facility (as applicable) and the amount of such
    offer so selected expressed as a percentage of the
    qualifying payment amount;
    ``(v) the category and practice specialty of
    each such provider or facility involved in
    furnishing such items and services;
    ``(vi) the identity of the health plan or
    health insurance issuer, provider, or facility,
    with respect to the notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.
    ``(C) IDR entity requirements.--For 2022 and each
    subsequent year, an IDR entity, as a condition of
    certification as an IDR entity, shall submit to the
    Secretary such information as the Secretary determines
    necessary to carry out the provisions of this
    subsection.
    ``(D) Clarification.--The Secretary shall ensure the
    public reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (3) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect

    [[Page 2815]]

    to such determination in an amount described in
    subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) Waiver authority.--The Secretary may modify any
    deadline or other timing requirement specified under this
    subsection (other than the establishment date for the IDR
    process under paragraph (2)(A) and other than under paragraph
    (6)) in cases of extenuating circumstances, as specified by the
    Secretary, or to ensure that all claims that occur during a 90-
    day period described in paragraph (5)(E)(ii), but with respect
    to which a notification is not permitted by reason of such
    paragraph to be submitted under paragraph (1)(B) during such
    period, are eligible for the IDR process.''.

    (c) IRC.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102, <>  is amended--
    (1) by redesignating subsection (c) as subsection (d); and
    (2) by inserting after subsection (b) the following new
    subsection:

    ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>  Determination through open
    negotiation.--
    ``(A) <>  In general.--With respect
    to an item or service furnished in a year by a
    nonparticipating provider or a nonparticipating
    facility, with respect to a group health plan, in a
    State described in subsection (a)(3)(K)(ii) with respect
    to such plan and provider or facility, and for which a
    payment is required to be made by the plan pursuant to
    subsection (a)(1) or (b)(1), the provider or facility
    (as applicable) or plan may, during the 30-day period
    beginning on the day the provider or facility receives
    an initial payment or a notice of denial of payment from
    the plan regarding a claim for payment for such item or
    service, initiate open negotiations under this paragraph
    between such provider or facility and plan for purposes
    of determining, during the open negotiation period, an
    amount agreed on by such provider or facility,
    respectively, and such plan for payment (including any
    cost-sharing) for such item or service. For purposes of
    this subsection, the open negotiation period, with
    respect to an item or service, is the 30-day period
    beginning on the date of initiation of the negotiations
    with respect to such item or service.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to an item or service, that do not result in a
    determination of an amount of payment for such item or
    service by the last day of the open negotiation period
    described in such subparagraph with respect to such item
    or service, the provider or facility (as applicable) or
    group health plan that was party to such negotiations
    may, during the 4-day period beginning on the day after
    such open

    [[Page 2816]]

    negotiation period, initiate the independent dispute
    resolution process under paragraph (2) with respect to
    such item or
    service. <>
    The independent dispute resolution process shall be
    initiated by a party pursuant to the previous sentence
    by submission to the other party and to the Secretary of
    a notification (containing such information as specified
    by the Secretary) and for purposes of this subsection,
    the date of initiation of such process shall be the date
    of such submission or such other date specified by the
    Secretary pursuant to regulations that is not later than
    the date of receipt of such notification by both the
    other party and the Secretary.
    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Health and Human Services and the
    Secretary of Labor, shall establish by regulation one
    independent dispute resolution process (referred to in
    this subsection as the `IDR process') under which, in
    the case of an item or service with respect to which a
    provider or facility (as applicable) or group health
    plan submits a notification under paragraph (1)(B) (in
    this subsection referred to as a `qualified IDR item or
    service'), a certified IDR entity under paragraph (4)
    determines, subject to subparagraph (B) and in
    accordance with the succeeding provisions of this
    subsection, the amount of payment under the plan for
    such item or service furnished by such provider or
    facility.
    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for a qualified IDR item
    or service agree on a payment amount for such item or
    service during such process but before the date on which
    the entity selected with respect to such determination
    under paragraph (4) makes such determination under
    paragraph (5), such amount shall be treated for purposes
    of subsection (a)(3)(K)(ii) as the amount agreed to by
    such parties for such item or service. In the case of an
    agreement described in the previous sentence, the
    independent dispute resolution process shall provide for
    a method to determine how to allocate between the
    parties to such determination the payment of the
    compensation of the entity selected with respect to such
    determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 of the Public
    Health Service Act with respect to such item or service
    pursuant to subsection (b) of such section.
    ``(3) Treatment of batching of items and services.--
    ``(A) <>  In general.--Under the
    IDR process, the Secretary shall specify criteria under
    which multiple qualified IDR dispute items and services
    are permitted to be considered jointly as part of a
    single determination by an entity

    [[Page 2817]]

    for purposes of encouraging the efficiency (including
    minimizing costs) of the IDR process. Such items and
    services may be so considered only if--
    ``(i) such items and services to be included
    in such determination are furnished by the same
    provider or facility;
    ``(ii) payment for such items and services is
    required to be made by the same group health plan
    or health insurance issuer;
    ``(iii) such items and services are related to
    the treatment of a similar condition; and
    ``(iv) <>  such items and
    services were furnished during the 30 day period
    following the date on which the first item or
    service included with respect to such
    determination was furnished or an alternative
    period as determined by the Secretary, for use in
    limited situations, such as by the consent of the
    parties or in the case of low-volume items and
    services, to encourage procedural efficiency and
    minimize health plan and provider administrative
    costs.
    ``(B) Treatment of bundled payments.--In carrying
    out subparagraph (A), the Secretary shall provide that,
    in the case of items and services which are included by
    a provider or facility as part of a bundled payment,
    such items and services included in such bundled payment
    may be part of a single determination under this
    subsection.
    ``(4) Certification and selection of idr entities.--
    ``(A) In general.--The Secretary, jointly with the
    Secretary of Health and Human Services and the Secretary
    of Labor, shall establish a process to certify
    (including to recertify) entities under this paragraph.
    Such process shall ensure that an entity so certified--
    ``(i) has (directly or through contracts or
    other arrangements) sufficient medical, legal, and
    other expertise and sufficient staffing to make
    determinations described in paragraph (5) on a
    timely basis;
    ``(ii) is not--
    ``(I) a group health plan, provider,
    or facility;
    ``(II) an affiliate or a subsidiary
    of such a group health plan, provider,
    or facility; or
    ``(III) an affiliate or subsidiary
    of a professional or trade association
    of such group health plans or of
    providers or facilities;
    ``(iii) carries out the responsibilities of
    such an entity in accordance with this subsection;
    ``(iv) meets appropriate indicators of fiscal
    integrity;
    ``(v) maintains the confidentiality (in
    accordance with regulations promulgated by the
    Secretary) of individually identifiable health
    information obtained in the course of conducting
    such determinations;
    ``(vi) does not under the IDR process carry
    out any determination with respect to which the
    entity would not pursuant to subclause (I), (II),
    or (III) of subparagraph (F)(i) be eligible for
    selection; and
    ``(vii) meets such other requirements as
    determined appropriate by the Secretary.

    [[Page 2818]]

    ``(B) Period of certification.--Subject to
    subparagraph (C), each certification (including a
    recertification) of an entity under the process
    described in subparagraph (A) shall be for a 5-year
    period.
    ``(C) Revocation.--A certification of an entity
    under this paragraph may be revoked under the process
    described in subparagraph (A) if the entity has a
    pattern or practice of noncompliance with any of the
    requirements described in such subparagraph.
    ``(D) Petition for denial or withdrawal.--The
    process described in subparagraph (A) shall ensure that
    an individual, provider, facility, or group health plan
    may petition for a denial of a certification or a
    revocation of a certification with respect to an entity
    under this paragraph for failure of meeting a
    requirement of this subsection.
    ``(E) Sufficient number of entities.--The process
    described in subparagraph (A) shall ensure that a
    sufficient number of entities are certified under this
    paragraph to ensure the timely and efficient provision
    of determinations described in paragraph (5).
    ``(F) <>  Selection of certified
    idr entity.--The Secretary shall, with respect to the
    determination of the amount of payment under this
    subsection of an item or service, provide for a method--
    ``(i) that allows for the group health plan
    and the nonparticipating provider or the
    nonparticipating emergency facility (as
    applicable) involved in a notification under
    paragraph (1)(B) to jointly select, not later than
    the last day of the 3-business day period
    following the date of the initiation of the
    process with respect to such item or service, for
    purposes of making such determination, an entity
    certified under this paragraph that--
    ``(I) is not a party to such
    determination or an employee or agent of
    such a party;
    ``(II) does not have a material
    familial, financial, or professional
    relationship with such a party; and
    ``(III) does not otherwise have a
    conflict of interest with such a party
    (as determined by the Secretary); and
    ``(ii) that requires, in the case such parties
    do not make such selection by such last day, the
    Secretary to, not later than 6 business days after
    such date of initiation--
    ``(I) select such an entity that
    satisfies subclauses (I) through (III)
    of clause (i)); and
    ``(II) <>
    provide notification of such selection
    to the provider or facility (as
    applicable) and the plan or issuer (as
    applicable) party to such determination.

    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
    ``(5) Payment determination.--

    [[Page 2819]]

    ``(A) <>  In general.--Not later
    than 30 days after the date of selection of the
    certified IDR entity with respect to a determination for
    a qualified IDR item or service, the certified IDR
    entity shall--
    ``(i) taking into account the considerations
    specified in subparagraph (C), select one of the
    offers submitted under subparagraph (B) to be the
    amount of payment for such item or service
    determined under this subsection for purposes of
    subsection (a)(1) or (b)(1), as applicable; and
    ``(ii) <>  notify the
    provider or facility and the group health plan
    party to such determination of the offer selected
    under clause (i).
    ``(B) <>  Submission of offers.--
    Not later than 10 days after the date of selection of
    the certifed IDR entity with respect to a determination
    for a qualified IDR item or service, the provider or
    facility and the group health plan party to such
    determination--
    ``(i) shall each submit to the certified IDR
    entity with respect to such determination--
    ``(I) an offer for a payment amount
    for such item or service furnished by
    such provider or facility; and
    ``(II) such information as requested
    by the certified IDR entity relating to
    such offer; and
    ``(ii) may each submit to the certified IDR
    entity with respect to such determination any
    information relating to such offer submitted by
    either party, including information relating to
    any circumstance described in subparagraph
    (C)(ii).
    ``(C) Considerations in determination.--
    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR item or
    service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in subsection (a)(3)(E)) for
    the applicable year for items or
    services that are comparable to the
    qualified IDR item or service and that
    are furnished in the same geographic
    region (as defined by the Secretary for
    purposes of such subsection) as such
    qualified IDR item or service; and
    ``(II) subject to subparagraph (D),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).
    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to a qualified IDR
    item or service of a nonparticipating provider,
    nonparticipating emergency facility, or group
    health plan, the following:
    ``(I) The level of training,
    experience, and quality and outcomes
    measurements of the provider or facility
    that furnished such item or service
    (such as those endorsed by the
    consensus-based

    [[Page 2820]]

    entity authorized in section 1890 of the
    Social Security Act).
    ``(II) The market share held by the
    nonparticipating provider or facility or
    that of the plan or issuer in the
    geographic region in which the item or
    service was provided.
    ``(III) The acuity of the individual
    receiving such item or service or the
    complexity of furnishing such item or
    service to such individual.
    ``(IV) The teaching status, case
    mix, and scope of services of the
    nonparticipating facility that furnished
    such item or service.
    ``(V) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan or
    issuer to enter into network agreements
    and, if applicable, contracted rates
    between the provider or facility, as
    applicable, and the plan or issuer, as
    applicable, during the previous 4 plan
    years.
    ``(D) Prohibition on consideration of certain
    factors.--In determining which offer is the payment to
    be applied with respect to qualified IDR items and
    services furnished by a provider or facility, the
    certified IDR entity with respect to a determination
    shall not consider usual and customary charges, the
    amount that would have been billed by such provider or
    facility with respect to such items and services had the
    provisions of section 2799B-1 of the Public Health
    Service Act or 2799B-2 of such Act (as applicable) not
    applied, or the payment or reimbursement rate for such
    items and services furnished by such provider or
    facility payable by a public payor, including under the
    Medicare program under title XVIII of the Social
    Security Act, under the Medicaid program under title XIX
    of such Act, under the Children's Health Insurance
    Program under title XXI of such Act, under the TRICARE
    program under chapter 55 of title 10, United States
    Code, or under chapter 17 of title 38, United States
    Code.
    ``(E) <>  Effects of
    determination.--
    ``(i) In general.--A determination of a
    certified IDR entity under subparagraph (A)--
    ``(I) shall be binding upon the
    parties involved, in the absence of a
    fraudulent claim or evidence of
    misrepresentation of facts presented to
    the IDR entity involved regarding such
    claim; and
    ``(II) shall not be subject to
    judicial review, except in a case
    described in any of paragraphs (1)
    through (4) of section 10(a) of title 9,
    United States Code.
    ``(ii) Suspension of certain subsequent idr
    requests.--In the case of a determination of a
    certified IDR entity under subparagraph (A), with
    respect to an initial notification submitted under
    paragraph (1)(B) with respect to qualified IDR
    items and services and the two parties involved
    with such notification, the party that submitted
    such notification may not submit

    [[Page 2821]]

    during the 90-day period following such
    determination a subsequent notification under such
    paragraph involving the same other party to such
    notification with respect to such an item or
    service that was the subject of such initial
    notification.
    ``(iii) Subsequent submission of requests
    permitted.--In the case of a notification that
    pursuant to clause (ii) is not permitted to be
    submitted under paragraph (1)(B) during a 90-day
    period specified in such clause, if the end of the
    open negotiation period specified in paragraph
    (1)(A), that but for this clause would otherwise
    apply with respect to such notification, occurs
    during such 90-day period, such paragraph (1)(B)
    shall be applied as if the reference in such
    paragraph to the 4-day period beginning on the day
    after such open negotiation period were instead a
    reference to the 30-day period beginning on the
    day after the last day of such 90-day period.
    ``(iv) <>  Reports.--The Secretary, jointly with
    the Secretary of Labor and the Secretary of the
    Health and Human Services, shall examine the
    impact of the application of clause (ii) and
    whether the application of such clause delays
    payment determinations or impacts early,
    alternative resolution of claims (such as through
    open negotiations), and shall submit to Congress,
    not later than 2 years after the date of
    implementation of such clause an interim report
    (and not later than 4 years after such date of
    implementation, a final report) on whether any
    group health plans or health insurance issuers
    offering group or individual health insurance
    coverage or types of such plans or coverage have a
    pattern or practice of routine denial, low
    payment, or down-coding of claims, or otherwise
    abuse the 90-day period described in such clause,
    including recommendations on ways to discourage
    such a pattern or practice.
    ``(F) Costs of independent dispute resolution
    process.--In the case of a notification under paragraph
    (1)(B) submitted by a nonparticipating provider,
    nonparticipating emergency facility, or group health
    plan and submitted to a certified IDR entity--
    ``(i) if such entity makes a determination
    with respect to such notification under
    subparagraph (A), the party whose offer is not
    chosen under such subparagraph shall be
    responsible for paying all fees charged by such
    entity; and
    ``(ii) if the parties reach a settlement with
    respect to such notification prior to such a
    determination, each party shall pay half of all
    fees charged by such entity, unless the parties
    otherwise agree.
    ``(6) <>  Timing of payment.--The total
    plan payment required pursuant to subsection (a)(1) or (b)(1),
    with respect to a qualified IDR item or service for which a
    determination is made under paragraph (5)(A) or with respect to
    an item or service for

    [[Page 2822]]

    which a payment amount is determined under open negotiations
    under paragraph (1), shall be made directly to the
    nonparticipating provider or facility not later than 30 days
    after the date on which such determination is made.
    ``(7) Publication of information relating to the idr
    process.--
    ``(A) <>
    Publication of information.--For each calendar quarter
    in 2022 and each calendar quarter in a subsequent year,
    the Secretary shall make available on the public website
    of the Department of the Treasury--
    ``(i) the number of notifications submitted
    under paragraph (1)(B) during such calendar
    quarter;
    ``(ii) the size of the provider practices and
    the size of the facilities submitting
    notifications under paragraph (1)(B) during such
    calendar quarter;
    ``(iii) the number of such notifications with
    respect to which a determination was made under
    paragraph (5)(A);
    ``(iv) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made;
    ``(v) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount, specified
    by items and services;
    ``(vi) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vii) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and
    ``(viii) the total amount of compensation paid
    to certified IDR entities under paragraph (5)(F)
    during such calendar quarter.
    ``(B) Information.--For purposes of subparagraph
    (A), the information described in this subparagraph is,
    with respect to a notification under paragraph (1)(B) by
    a nonparticipating provider, nonparticipating emergency
    facility, or group health plan--
    ``(i) a description of each item and service
    included with respect to such notification;
    ``(ii) the geography in which the items and
    services with respect to such notification were
    provided;
    ``(iii) the amount of the offer submitted
    under paragraph (5)(B) by the group health plan
    and by the nonparticipating provider or
    nonparticipating emergency facility (as
    applicable) expressed as a percentage of the
    qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or by such provider or facility (as
    applicable) and the amount of such offer so
    selected expressed as a percentage of the
    qualifying payment amount;
    ``(v) the category and practice specialty of
    each such provider or facility involved in
    furnishing such items and services;

    [[Page 2823]]

    ``(vi) the identity of the group health plan,
    provider, or facility, with respect to the
    notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.
    ``(C) IDR entity requirements.--For 2022 and each
    subsequent year, an IDR entity, as a condition of
    certification as an IDR entity, shall submit to the
    Secretary such information as the Secretary determines
    necessary to carry out the provisions of this
    subsection.
    ``(D) Clarification.--The Secretary shall ensure the
    public reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (3) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect to such determination in an amount
    described in subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) Waiver authority.--The Secretary may modify any
    deadline or other timing requirement specified under this
    subsection (other than the establishment date for the IDR
    process under paragraph (2)(A) and other than under paragraph
    (6)) in cases of extenuating circumstances, as specified by the
    Secretary, or to ensure that all claims that occur during a 90-
    day period described in paragraph (5)(E)(ii), but with respect
    to which a notification is not permitted by reason of such
    paragraph to be submitted under paragraph (1)(B) during such
    period, are eligible for the IDR process.''.
    SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING SURPRISE
    MEDICAL BILLING.

    (a) In General.--Title XXVII of the Public Health Service Act (42
    U.S.C. 300gg et seq.) is amended by inserting after part D, as added by
    section 102, the following:

    [[Page 2824]]

    ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

    ``SEC. 2799B-1. <>  BALANCE BILLING IN
    CASES OF EMERGENCY SERVICES.

    ``(a) <>  In General.--In the case of a
    participant, beneficiary, or enrollee with benefits under a group health
    plan or group or individual health insurance coverage offered by a
    health insurance issuer and who is furnished during a plan year
    beginning on or after January 1, 2022, emergency services (for which
    benefits are provided under the plan or coverage) with respect to an
    emergency medical condition with respect to a visit at an emergency
    department of a hospital or an independent freestanding emergency
    department--
    ``(1) in the case that the hospital or independent
    freestanding emergency department is a nonparticipating
    emergency facility, the emergency department of a hospital or
    independent freestanding emergency department shall not bill,
    and shall not hold liable, the participant, beneficiary, or
    enrollee for a payment amount for such emergency services so
    furnished that is more than the cost-sharing requirement for
    such services (as determined in accordance with clauses (ii) and
    (iii) of section 2799A-1(a)(1)(C), of section 9816(a)(1)(C) of
    the Internal Revenue Code of 1986, and of section 716(a)(1)(C)
    of the Employee Retirement Income Security Act of 1974, as
    applicable); and
    ``(2) in the case that such services are furnished by a
    nonparticipating provider, the health care provider shall not
    bill, and shall not hold liable, such participant, beneficiary,
    or enrollee for a payment amount for an emergency service
    furnished to such individual by such provider with respect to
    such emergency medical condition and visit for which the
    individual receives emergency services at the hospital or
    emergency department that is more than the cost-sharing
    requirement for such services furnished by the provider (as
    determined in accordance with clauses (ii) and (iii) of section
    2799A-1(a)(1)(C), of section 9816(a)(1)(C) of the Internal
    Revenue Code of 1986, and of section 716(a)(1)(C) of the
    Employee Retirement Income Security Act of 1974, as applicable).

    ``(b) Definition.--In this section, the term `visit' shall have such
    meaning as applied to such term for purposes of section 2799A-1(b).
    ``SEC. 2799B-2. <>  BALANCE BILLING IN
    CASES OF NON-EMERGENCY SERVICES
    PERFORMED BY NONPARTICIPATING
    PROVIDERS AT CERTAIN PARTICIPATING
    FACILITIES.

    ``(a) <>  In General.--Subject to subsection
    (b), in the case of a participant, beneficiary, or enrollee with
    benefits under a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who is
    furnished during a plan year beginning on or after January 1, 2022,
    items or services (other than emergency services to which section 2799B-
    1 applies) for which benefits are provided under the plan or coverage at
    a participating health care facility by a nonparticipating provider,
    such provider shall not bill, and shall not hold liable, such
    participant, beneficiary, or enrollee for a payment amount for such an
    item or service furnished by such provider with respect to a visit at
    such facility that is more than the cost-sharing requirement

    [[Page 2825]]

    for such item or service (as determined in accordance with subparagraphs
    (A) and (B) of section 2799A-1(b)(1) of section 9816(b)(1) of the
    Internal Revenue Code of 1986, and of section 716(b)(1) of the Employee
    Retirement Income Security Act of 1974, as applicable).

    ``(b) Exception.--
    ``(1) In general.--Subsection (a) shall not apply with
    respect to items or services (other than ancillary services
    described in paragraph (2)) furnished by a nonparticipating
    provider to a participant, beneficiary, or enrollee of a group
    health plan or group or individual health insurance coverage
    offered by a health insurance issuer, if the provider satisfies
    the notice and consent criteria of subsection (d).
    ``(2) Ancillary services described.--For purposes of
    paragraph (1), ancillary services described in this paragraph
    are, with respect to a participating health care facility--
    ``(A) subject to paragraph (3), items and services
    related to emergency medicine, anesthesiology,
    pathology, radiology, and neonatology, whether or not
    provided by a physician or non-physician practitioner,
    and items and services provided by assistant surgeons,
    hospitalists, and intensivists;
    ``(B) subject to paragraph (3), diagnostic services
    (including radiology and laboratory services);
    ``(C) items and services provided by such other
    specialty practitioners, as the Secretary specifies
    through rulemaking; and
    ``(D) items and services provided by a
    nonparticipating provider if there is no participating
    provider who can furnish such item or service at such
    facility.
    ``(3) <>  Exception.--The
    Secretary may, through rulemaking, establish a list (and update
    such list periodically) of advanced diagnostic laboratory tests,
    which shall not be included as an ancillary service described in
    paragraph (2) and with respect to which subsection (a) would
    apply.

    ``(c) Clarification.--In the case of a nonparticipating provider
    that satisfies the notice and consent criteria of subsection (d) with
    respect to an item or service (referred to in this subsection as a
    `covered item or service'), such notice and consent criteria may not be
    construed as applying with respect to any item or service that is
    furnished as a result of unforeseen, urgent medical needs that arise at
    the time such covered item or service is furnished. For purposes of the
    previous sentence, a covered item or service shall not include an
    ancillary service described in subsection (b)(2).
    ``(d) Notice and Consent to Be Treated by a Nonparticipating
    Provider or Nonparticipating Facility.--
    ``(1) In general.--A nonparticipating provider or
    nonparticipating facility satisfies the notice and consent
    criteria of this subsection, with respect to items or services
    furnished by the provider or facility to a participant,
    beneficiary, or enrollee of a group health plan or group or
    individual health insurance coverage offered by a health
    insurance issuer, if the provider (or, if applicable, the
    participating health care facility on behalf of such provider)
    or nonparticipating facility--
    ``(A) <>
    in the case that the participant, beneficiary, or
    enrollee makes an appointment to be furnished such items
    or services at least 72 hours prior to the date on which

    [[Page 2826]]

    the individual is to be furnished such items or
    services, provides to the participant, beneficiary, or
    enrollee (or to an authorized representative of the
    participant, beneficiary, or enrollee) not later than 72
    hours prior to the date on which the individual is
    furnished such items or services (or, in the case that
    the participant, beneficiary, or enrollee makes such an
    appointment within 72 hours of when such items or
    services are to be furnished, provides to the
    participant, beneficiary, or enrollee (or to an
    authorized representative of the participant,
    beneficiary, or enrollee) on such date the appointment
    is made), a written notice in paper or electronic form,
    as selected by the participant, beneficiary, or
    enrollee, (and including electronic notification, as
    practicable) specified by the Secretary, not later than
    July 1, 2021, through guidance (which shall be updated
    as determined necessary by the Secretary) that--
    ``(i) contains the information required under
    paragraph (2);
    ``(ii) clearly states that consent to receive
    such items and services from such nonparticipating
    provider or nonparticipating facility is optional
    and that the participant, beneficiary, or enrollee
    may instead seek care from a participating
    provider or at a participating facility, with
    respect to such plan or coverage, as applicable,
    in which case the cost-sharing responsibility of
    the participant, beneficiary, or enrollee would
    not exceed such responsibility that would apply
    with respect to such an item or service that is
    furnished by a participating provider or
    participating facility, as applicable with respect
    to such plan; and
    ``(iii) is available in the 15 most common
    languages in the geographic region of the
    applicable facility;
    ``(B) obtains from the participant, beneficiary, or
    enrollee (or from such an authorized representative) the
    consent described in paragraph (3) to be treated by a
    nonparticipating provider or nonparticipating facility;
    and
    ``(C) <>  provides a signed copy of
    such consent to the participant, beneficiary, or
    enrollee through mail or email (as selected by the
    participant, beneficiary, or enrollee).
    ``(2) Information required under written notice.--For
    purposes of paragraph (1)(A)(i), the information described in
    this paragraph, with respect to a nonparticipating provider or
    nonparticipating facility and a participant, beneficiary, or
    enrollee of a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer, is each
    of the following:
    ``(A) Notification, as applicable, that the health
    care provider is a nonparticipating provider with
    respect to the health plan or the health care facility
    is a nonparticipating facility with respect to the
    health plan.
    ``(B) <>  Notification of the good
    faith estimated amount that such provider or facility
    may charge the participant, beneficiary, or enrollee for
    such items and services involved, including a
    notification that the provision of such estimate or
    consent to be treated under paragraph (3) does not
    constitute a contract with respect to the charges
    estimated for such items and services.

    [[Page 2827]]

    ``(C) <>  In the case of a
    participating facility and a nonparticipating provider,
    a list of any participating providers at the facility
    who are able to furnish such items and services involved
    and notification that the participant, beneficiary, or
    enrollee may be referred, at their option, to such a
    participating provider.
    ``(D) Information about whether prior authorization
    or other care management limitations may be required in
    advance of receiving such items or services at the
    facility.
    ``(3) Consent described to be treated by a nonparticipating
    provider <>  or nonparticipating
    facility.--For purposes of paragraph (1)(B), the consent
    described in this paragraph, with respect to a participant,
    beneficiary, or enrollee of a group health plan or group or
    individual health insurance coverage offered by a health
    insurance issuer who is to be furnished items or services by a
    nonparticipating provider or nonparticipating facility, is a
    document specified by the Secretary, in consultation with the
    Secretary of Labor, through guidance that shall be signed by the
    participant, beneficiary, or enrollee before such items or
    services are furnished and that --
    ``(A) acknowledges (in clear and understandable
    language) that the participant, beneficiary, or enrollee
    has been--
    ``(i) provided with the written notice under
    paragraph (1)(A);
    ``(ii) informed that the payment of such
    charge by the participant, beneficiary, or
    enrollee may not accrue toward meeting any
    limitation that the plan or coverage places on
    cost-sharing, including an explanation that such
    payment may not apply to an in-network deductible
    applied under the plan or coverage; and
    ``(iii) provided the opportunity to receive
    the written notice under paragraph (1)(A) in the
    form selected by the participant, beneficiary or
    enrollee; and
    ``(B) documents the date on which the participant,
    beneficiary, or enrollee received the written notice
    under paragraph (1)(A) and the date on which the
    individual signed such consent to be furnished such
    items or services by such provider or facility.
    ``(4) Rule of construction.--The consent described in
    paragraph (3), with respect to a participant, beneficiary, or
    enrollee of a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer, shall
    constitute only consent to the receipt of the information
    provided pursuant to this subsection and shall not constitute a
    contractual agreement of the participant, beneficiary, or
    enrollee to any estimated charge or amount included in such
    information.

    ``(e) <>  Retention of Certain
    Documents.--A nonparticipating facility (with respect to such facility
    or any nonparticipating provider at such facility) or a participating
    facility (with respect to nonparticipating providers at such facility)
    that obtains from a participant, beneficiary, or enrollee of a group
    health plan or group or individual health insurance coverage offered by
    a health insurance issuer (or an authorized representative of such
    participant,

    [[Page 2828]]

    beneficiary, or enrollee) a written notice in accordance with subsection
    (d)(1)(B), with respect to furnishing an item or service to such
    participant, beneficiary, or enrollee, shall retain such notice for at
    least a 7-year period after the date on which such item or service is so
    furnished.

    ``(f) Definitions.--In this section:
    ``(1) The terms `nonparticipating provider' and
    `participating provider' have the meanings given such terms,
    respectively, in subsection (a)(3) of section 2799A-1.
    ``(2) The term `participating health care facility' has the
    meaning given such term in subsection (b)(2) of section 2799A-1.
    ``(3) The term `nonparticipating facility' means--
    ``(A) with respect to emergency services (as defined
    in section 2799A-1(a)(3)(C)(i)) and a group health plan
    or group or individual health insurance coverage offered
    by a health insurance issuer, an emergency department of
    a hospital, or an independent freestanding emergency
    department, that does not have a contractual
    relationship with the plan or issuer, respectively, with
    respect to the furnishing of such services under the
    plan or coverage, respectively; and
    ``(B) with respect to services described in section
    2799A-1(a)(3)(C)(ii) and a group health plan or group or
    individual health insurance coverage offered by a health
    insurance issuer, a hospital or an independent
    freestanding emergency department, that does not have a
    contractual relationship with the plan or issuer,
    respectively, with respect to the furnishing of such
    services under the plan or coverage, respectively.
    ``(4) The term `participating facility' means--
    ``(A) with respect to emergency services (as defined
    in clause (i) of section 2799A-1(a)(3)(C)) that are not
    described in clause(ii) of such section and a group
    health plan or group or individual health insurance
    coverage offered by a health insurance issuer, an
    emergency department of a hospital, or an independent
    freestanding emergency department, that has a direct or
    indirect contractual relationship with the plan or
    issuer, respectively, with respect to the furnishing of
    such services under the plan or coverage, respectively;
    and
    ``(B) with respect to services that pursuant to
    clause (ii) of section 2799A-1(a)(3)(C), of section
    9816(a)(3) of the Internal Revenue Code of 1986, and of
    section 716(a)(3) of the Employee Retirement Income
    Security Act of 1974, as applicable are included as
    emergency services (as defined in clause (i) of such
    section and a group health plan or group or individual
    health insurance coverage offered by a health insurance
    issuer, a hospital or an independent freestanding
    emergency department, that has a contractual
    relationship with the plan or coverage, respectively,
    with respect to the furnishing of such services under
    the plan or coverage, respectively.

    [[Page 2829]]

    ``SEC. 2799B-3. <>  PROVIDER REQUIREMENTS
    WITH RESPECT TO DISCLOSURE ON
    PATIENT PROTECTIONS AGAINST BALANCE
    BILLING.

    ``Beginning <>  not later than January 1, 2022, each health care
    provider and health care facility shall make publicly available, and (if
    applicable) post on a public website of such provider or facility and
    provide to individuals who are participants, beneficiaries, or enrollees
    of a group health plan or group or individual health insurance coverage
    offered by a health insurance issuer a one-page notice (either postal or
    electronic mail, as specified by the participant, beneficiary, or
    enrollee) in clear and understandable language containing information
    on--
    ``(1) the requirements and prohibitions of such provider or
    facility under sections 2799B-1 and 2799B-2 (relating to
    prohibitions on balance billing in certain circumstances);
    ``(2) any other applicable State law requirements on such
    provider or facility regarding the amounts such provider or
    facility may, with respect to an item or service, charge a
    participant, beneficiary, or enrollee of a group health plan or
    group or individual health insurance coverage offered by a
    health insurance issuer with respect to which such provider or
    facility does not have a contractual relationship for furnishing
    such item or service under the plan or coverage, respectively,
    after receiving payment from the plan or coverage, respectively,
    for such item or service and any applicable cost-sharing payment
    from such participant, beneficiary, or enrollee; and
    ``(3) information on contacting appropriate State and
    Federal agencies in the case that an individual believes that
    such provider or facility has violated any requirement described
    in paragraph (1) or (2) with respect to such individual.
    ``SEC. 2799B-4. <>  ENFORCEMENT.

    ``(a) State Enforcement.--
    ``(1) <>  State authority.--Each State
    may require a provider or health care facility (including a
    provider of air ambulance services) subject to the requirements
    of this part to satisfy such requirements applicable to the
    provider or facility.
    ``(2) <>  Failure to
    implement requirements.--In the case of a determination by the
    Secretary that a State has failed to substantially enforce the
    requirements to which paragraph (1) applies with respect to
    applicable providers and facilities in the State, the Secretary
    shall enforce such requirements under subsection (b) insofar as
    they relate to violations of such requirements occurring in such
    State.
    ``(3) Notification of applicable secretary.--A State may
    notify the Secretary of Labor, Secretary of Health and Human
    Services, or the Secretary of the Treasury, as applicable, of
    instances of violations of sections 2799B-1, 2799B-2, or 2799B-5
    with respect to participants, beneficiaries, or enrollees under
    a group health plan or group or individual health insurance
    coverage, as applicable offered by a health insurance issuer and
    any enforcement actions taken against providers or facilities as
    a result of such violations, including the disposition of any
    such enforcement actions.

    ``(b) Secretarial Enforcement Authority.--
    ``(1) <>  In general.--If a
    provider or facility is found by the Secretary to be in
    violation of a requirement to which

    [[Page 2830]]

    subsection (a)(1) applies, the Secretary may apply a civil
    monetary penalty with respect to such provider or facility
    (including, as applicable, a provider of air ambulance services)
    in an amount not to exceed $10,000 per violation. The provisions
    of subsections (c) (with the exception of the first sentence of
    paragraph (1) of such subsection), (d), (e), (g), (h), (k), and
    (l) of section 1128A of the Social Security Act shall apply to a
    civil monetary penalty or assessment under this subsection in
    the same manner as such provisions apply to a penalty,
    assessment, or proceeding under subsection (a) of such section.
    ``(2) <>  Limitation.--The provisions
    of paragraph (1) shall apply to enforcement of a provision (or
    provisions) specified in subsection (a)(1) only as provided
    under subsection (a)(2).
    ``(3) <>  Complaint process.--
    The Secretary shall, through rulemaking, establish a process to
    receive consumer complaints of violations of such provisions and
    provide a response to such complaints within 60 days of receipt
    of such complaints.

    ``(4) <>
    Exception.--The Secretary shall waive the penalties described
    under paragraph (1) with respect to a facility or provider
    (including a provider of air ambulance services) who does not
    knowingly violate, and should not have reasonably known it
    violated, section 2799B-1 or 2799B-2 (or, in the case of a
    provider of air ambulance services, section 2799B-5) with
    respect to a participant, beneficiary, or enrollee, if such
    facility or provider, within 30 days of the violation, withdraws
    the bill that was in violation of such provision and reimburses
    the health plan or enrollee, as applicable, in an amount equal
    to the difference between the amount billed and the amount
    allowed to be billed under the provision, plus interest, at an
    interest rate determined by the Secretary.
    ``(5) Hardship exemption.--The Secretary may establish a
    hardship exemption to the penalties under this subsection.

    ``(c) Continued Applicability of State Law.--The sections specified
    in subsection (a)(1) shall not be construed to supersede any provision
    of State law which establishes, implements, or continues in effect any
    requirement or prohibition except to the extent that such requirement or
    prohibition prevents the application of a requirement or prohibition of
    such a section.''.
    (b) Secretary of Labor Enforcement.--
    (1) In general.--Part 5 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131
    et seq.) is amended by adding at the end the following new
    section:
    ``SEC. 522. <>  COORDINATION OF ENFORCEMENT
    REGARDING VIOLATIONS OF CERTAIN HEALTH
    CARE PROVIDER REQUIREMENTS; COMPLAINT
    PROCESS.

    ``(a) <>  Investigating Violations.--
    Upon receiving a notice from a State or the Secretary of Health and
    Human Services of violations of sections 2799B-1, 2799B-2, or 2799B-5 of
    the Public Health Service Act, the Secretary of Labor shall identify
    patterns of such violations with respect to participants or
    beneficiaries under a group health plan or group health insurance
    coverage offered by a health insurance issuer and conduct an
    investigation pursuant to section 504 where appropriate, as determined
    by the Secretary. The Secretary shall coordinate with States and the
    Secretary of Health and Human Services, in accordance with section 506
    and with

    [[Page 2831]]

    section 104 of Health Insurance Portability and Accountability Act of
    1996, where appropriate, as determined by the Secretary, to ensure that
    appropriate measures have been taken to correct such violations
    retrospectively and prospectively with respect to participants or
    beneficiaries under a group health plan or group health insurance
    coverage offered by a health insurance issuer.

    ``(b) <>  Complaint Process.-- Not later than
    January 1, 2022, the Secretary shall ensure a process under which the
    Secretary--
    ``(1) may receive complaints from participants and
    beneficiaries of group health plans or group health insurance
    coverage offered by a health insurance issuer relating to
    alleged violations of the sections specified in subsection (a);
    and
    ``(2) transmits such complaints to States or the Secretary
    of Health and Human Services (as determined appropriate by the
    Secretary) for potential enforcement actions.''.
    (2) Technical amendment.--The table of contents in section 1
    of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1001 et seq.) is amended by inserting after the item
    relating to section 521 the following new item:

    ``Sec. 522. Coordination of enforcement regarding violations of certain
    health care provider requirements; complaint process.''.

    SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.

    (a) Group Health Plans and Individual and Group Health Insurance
    Coverage.--
    (1) PHSA amendments.--Part D of title XXVII of the Public
    Health Service Act, as added and amended by section 102 and
    further amended by the previous provisions of this title, is
    further amended by inserting after section 2799A-1 the
    following:
    ``SEC. 2799A-2. <>  ENDING SURPRISE AIR
    AMBULANCE BILLS.

    ``(a) In General.--In the case of a participant, beneficiary, or
    enrollee who is in a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who receives
    air ambulance services from a nonparticipating provider (as defined in
    section 2799A-1(a)(3)(G)) with respect to such plan or coverage, if such
    services would be covered if provided by a participating provider (as
    defined in such section) with respect to such plan or coverage--
    ``(1) the cost-sharing requirement with respect to such
    services shall be the same requirement that would apply if such
    services were provided by such a participating provider, and any
    coinsurance or deductible shall be based on rates that would
    apply for such services if they were furnished by such a
    participating provider;
    ``(2) <>  such cost-sharing amounts
    shall be counted towards the in-network deductible and in-
    network out-of-pocket maximum amount under the plan or coverage
    for the plan year (and such in-network deductible shall be
    applied) with respect to such items and services so furnished in
    the same manner as if such cost-sharing payments were with
    respect to items and services furnished by a participating
    provider; and
    ``(3) the group health plan or health insurance issuer,
    respectively, shall--
    ``(A) <>  not later than 30
    calendar days after the bill for such services is
    transmitted by such provider, send

    [[Page 2832]]

    to the provider, an initial payment or notice of denial
    of payment; and
    ``(B) pay a total plan or coverage payment, in
    accordance with, if applicable, subsection (b)(6),
    directly to such provider furnishing such services to
    such participant, beneficiary, or enrollee that is, with
    application of any initial payment under subparagraph
    (A), equal to the amount by which the out-of-network
    rate (as defined in section 2799A-1(a)(3)(K)) for such
    services and year involved exceeds the cost-sharing
    amount imposed under the plan or coverage, respectively,
    for such services (as determined in accordance with
    paragraphs (1) and (2)).

    ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>
    Determination through open negotiation.--
    ``(A) In general.--With respect to air ambulance
    services furnished in a year by a nonparticipating
    provider, with respect to a group health plan or health
    insurance issuer offering group or individual health
    insurance coverage, and for which a payment is required
    to be made by the plan or coverage pursuant to
    subsection (a)(3), the provider or plan or coverage may,
    during the 30-day period beginning on the day the
    provider receives an initial payment or a notice of
    denial of payment from the plan or coverage regarding a
    claim for payment for such service, initiate open
    negotiations under this paragraph between such provider
    and plan or coverage for purposes of determining, during
    the open negotiation period, an amount agreed on by such
    provider, and such plan or coverage for payment
    (including any cost-sharing) for such service. For
    purposes of this subsection, the open negotiation
    period, with respect to air ambulance services, is the
    30-day period beginning on the date of initiation of the
    negotiations with respect to such services.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to air ambulance services, that do not result in
    a determination of an amount of payment for such
    services by the last day of the open negotiation period
    described in such subparagraph with respect to such
    services, the provider or group health plan or health
    insurance issuer offering group or individual health
    insurance coverage that was party to such negotiations
    may, during the 4-day period beginning on the day after
    such open negotiation period, initiate the independent
    dispute resolution process under paragraph (2) with
    respect to such item or
    service. <>  The independent
    dispute resolution process shall be initiated by a party
    pursuant to the previous sentence by submission to the
    other party and to the Secretary of a notification
    (containing such information as specified by the
    Secretary) and for purposes of this subsection, the date
    of initiation of such process shall be the date of such
    submission or such other date specified by the Secretary
    pursuant to regulations that is not later than the date
    of receipt of such notification by both the other party
    and the Secretary.

    [[Page 2833]]

    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Labor and the Secretary of the
    Treasury, shall establish by regulation one independent
    dispute resolution process (referred to in this
    subsection as the `IDR process') under which, in the
    case of air ambulance services with respect to which a
    provider or group health plan or health insurance issuer
    offering group or individual health insurance coverage
    submits a notification under paragraph (1)(B) (in this
    subsection referred to as a `qualified IDR air ambulance
    services'), a certified IDR entity under paragraph (4)
    determines, subject to subparagraph (B) and in
    accordance with the succeeding provisions of this
    subsection, the amount of payment under the plan or
    coverage for such services furnished by such provider.
    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for qualified IDR air
    ambulance services agree on a payment amount for such
    services during such process but before the date on
    which the entity selected with respect to such
    determination under paragraph (4) makes such
    determination under paragraph (5), such amount shall be
    treated for purposes of section 2799A-1(a)(3)(K)(ii) as
    the amount agreed to by such parties for such
    services. <>  In the case of an
    agreement described in the previous sentence, the
    independent dispute resolution process shall provide for
    a method to determine how to allocate between the
    parties to such determination the payment of the
    compensation of the entity selected with respect to such
    determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 with respect to
    such item or service pursuant to subsection (b) of such
    section.
    ``(3) <>  Treatment of batching of
    services.--The provisions of section 2799A-1(c)(3) shall apply
    with respect to a notification submitted under this subsection
    with respect to air ambulance services in the same manner and to
    the same extent such provisions apply with respect to a
    notification submitted under section 2799A-1(c) with respect to
    items and services described in such section.
    ``(4) Idr entities.--
    ``(A) Eligibility.--An IDR entity certified under
    this subsection is an IDR entity certified under section
    2799A-1(c)(4).
    ``(B) <>  Selection of
    certified idr entity.--The provisions of subparagraph
    (F) of section 2799A-1(c)(4) shall apply with respect to
    selecting an IDR entity certified pursuant to
    subparagraph (A) with respect to the determination of
    the amount of payment under this subsection of air
    ambulance services in the same manner as such provisions
    apply with respect to selecting an IDR entity

    [[Page 2834]]

    certified under such section with respect to the
    determination of the amount of payment under section
    2799A-1(c) of an item or service. An entity selected
    pursuant to the previous sentence to make a
    determination described in such sentence shall be
    referred to in this subsection as the `certified IDR
    entity' with respect to such determination.
    ``(5) Payment determination.--
    ``(A) <>  In general.--Not later
    than 30 days after the date of selection of the
    certified IDR entity with respect to a determination for
    qualified IDR ambulance services, the certified IDR
    entity shall--
    ``(i) taking into account the considerations
    specified in subparagraph (C), select one of the
    offers submitted under subparagraph (B) to be the
    amount of payment for such services determined
    under this subsection for purposes of subsection
    (a)(3); and
    ``(ii) <>  notify the
    provider or facility and the group health plan or
    health insurance issuer offering group or
    individual health insurance coverage party to such
    determination of the offer selected under clause
    (i).
    ``(B) <>  Submission of offers.--
    Not later than 10 days after the date of selection of
    the certified IDR entity with respect to a determination
    for qualified IDR air ambulance services, the provider
    and the group health plan or health insurance issuer
    offering group or individual health insurance coverage
    party to such determination--
    ``(i) shall each submit to the certified IDR
    entity with respect to such determination--
    ``(I) an offer for a payment amount
    for such services furnished by such
    provider; and
    ``(II) such information as requested
    by the certified IDR entity relating to
    such offer; and
    ``(ii) may each submit to the certified IDR
    entity with respect to such determination any
    information relating to such offer submitted by
    either party, including information relating to
    any circumstance described in subparagraph
    (C)(ii).
    ``(C) Considerations in determination.--
    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR air
    ambulance service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in section 2799A-1(a)(3)(E))
    for the applicable year for items or
    services that are comparable to the
    qualified IDR air ambulance service and
    that are furnished in the same
    geographic region (as defined by the
    Secretary for purposes of such
    subsection) as such qualified IDR air
    ambulance service; and
    ``(II) subject to clause (iii),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).

    [[Page 2835]]

    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to air ambulance
    services included in the notification submitted
    under paragraph (1)(B) of a nonparticipating
    provider, group health plan, or health insurance
    issuer the following:
    ``(I) The quality and outcomes
    measurements of the provider that
    furnished such services.
    ``(II) The acuity of the individual
    receiving such services or the
    complexity of furnishing such services
    to such individual.
    ``(III) The training, experience,
    and quality of the medical personnel
    that furnished such services.
    ``(IV) Ambulance vehicle type,
    including the clinical capability level
    of such vehicle.
    ``(V) Population density of the pick
    up location (such as urban, suburban,
    rural, or frontier).
    ``(VI) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan or
    issuer to enter into network agreements
    and, if applicable, contracted rates
    between the provider and the plan or
    issuer, as applicable, during the
    previous 4 plan years.
    ``(iii) Prohibition on consideration of
    certain factors.--In determining which offer is
    the payment amount to be applied with respect to
    qualified IDR air ambulance services furnished by
    a provider, the certified IDR entity with respect
    to such determination shall not consider usual and
    customary charges, the amount that would have been
    billed by such provider with respect to such
    services had the provisions of section 2799B-5 not
    applied, or the payment or reimbursement rate for
    such services furnished by such provider payable
    by a public payor, including under the Medicare
    program under title XVIII of the Social Security
    Act, under the Medicaid program under title XIX of
    such Act, under the Children's Health Insurance
    Program under title XXI of such Act, under the
    TRICARE program under chapter 55 of title 10,
    United States Code, or under chapter 17 of title
    38, United States Code.
    ``(D) <>  Effects of
    determination.--The provisions of section 2799A-
    1(c)(5)(E)) shall apply with respect to a determination
    of a certified IDR entity under subparagraph (A), the
    notification submitted with respect to such
    determination, the services with respect to such
    notification, and the parties to such notification in
    the same manner as such provisions apply with respect to
    a determination of a certified IDR entity under section
    2799A-1(c)(5)(E), the notification submitted with
    respect to such determination, the items and services
    with respect to such notification, and the parties to
    such notification.
    ``(E) Costs of independent dispute resolution
    process.--The provisions <>  of
    section 2799A-1(c)(5)(F) shall apply to a notification
    made under this subsection, the parties to such
    notification, and a determination under

    [[Page 2836]]

    subparagraph (A) in the same manner and to the same
    extent such provisions apply to a notification under
    section 2799A-1(c), the parties to such notification and
    a determination made under section 2799A-1(c)(5)(A).
    ``(6) <>  Timing of payment.--The total
    plan or coverage payment required pursuant to subsection (a)(3),
    with respect to qualified IDR air ambulance services for which a
    determination is made under paragraph (5)(A) or with respect to
    an air ambulance service for which a payment amount is
    determined under open negotiations under paragraph (1), shall be
    made directly to the nonparticipating provider not later than 30
    days after the date on which such determination is made.
    ``(7) Publication of information relating to the idr
    process.--
    ``(A) <>  In
    general.--For each calendar quarter in 2022 and each
    calendar quarter in a subsequent year, the Secretary
    shall publish on the public website of the Department of
    Health and Human Services--
    ``(i) the number of notifications submitted
    under the IDR process during such calendar
    quarter;
    ``(ii) the number of such notifications with
    respect to which a final determination was made
    under paragraph (5)(A);
    ``(iii) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made.
    ``(iv) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount;
    ``(v) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vi) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and
    ``(vii) the total amount of compensation paid
    to certified IDR entities under paragraph
    (5)(E)during such calendar quarter.
    ``(B) Information with respect to requests.--For
    purposes of subparagraph (A), the information described
    in this subparagraph is, with respect to a notification
    under the IDR process of a nonparticipating provider,
    group health plan, or health insurance issuer offering
    group or individual health insurance coverage--
    ``(i) a description of each air ambulance
    service included in such notification;
    ``(ii) the geography in which the services
    included in such notification were provided;
    ``(iii) the amount of the offer submitted
    under paragraph (2) by the group health plan or
    health insurance issuer (as applicable) and by the
    nonparticipating provider expressed as a
    percentage of the qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or issuer (as applicable) or by such provider
    and the amount

    [[Page 2837]]

    of such offer so selected expressed as a
    percentage of the qualifying payment amount;
    ``(v) ambulance vehicle type, including the
    clinical capability level of such vehicle;
    ``(vi) the identity of the group health plan
    or health insurance issuer or air ambulance
    provider with respect to such notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.
    ``(C) IDR entity requirements.--For 2022 and each
    subsequent year, an IDR entity, as a condition of
    certification as an IDR entity, shall submit to the
    Secretary such information as the Secretary determines
    necessary for the Secretary to carry out the provisions
    of this paragraph.
    ``(D) <>
    Clarification.--The Secretary shall ensure the public
    reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (4) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect to such determination in an amount
    described in subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) <>  Waiver authority.--The
    Secretary may modify any deadline or other timing requirement
    specified under this subsection (other than the establishment
    date for the IDR process under paragraph (2)(A) and other than
    under paragraph (6)) in cases of extenuating circumstances, as
    specified by the Secretary, or to ensure that all claims that
    occur during a 90-day period applied through paragraph (5)(D),
    but with respect to which a notification is not permitted by
    reason of such paragraph to be submitted under paragraph (1)(B)
    during such period, are eligible for the IDR process.

    ``(c) Definitions.--For purposes of this section:
    ``(1) Air ambulance service.--The term `air ambulance
    service' means medical transport by helicopter or airplane for
    patients.

    [[Page 2838]]

    ``(2) Qualifying payment amount.--The term `qualifying
    payment amount' has the meaning given such term in section
    2799A-1(a)(3).
    ``(3) Nonparticipating provider.--The term `nonparticipating
    provider' has the meaning given such term in section 2799A-
    1(a)(3).''.
    (2) ERISA amendment.--
    (A) In general.--Subpart B of part 7 of title I of
    the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1185 et seq.), as amended by section 102(b) and
    further amended by the previous provisions of this
    title, is further amended by inserting after section 716
    the following:
    ``SEC. 717. <>  ENDING SURPRISE AIR AMBULANCE
    BILLS.

    ``(a) In General.--In the case of a participant or beneficiary who
    is in a group health plan or group health insurance coverage offered by
    a health insurance issuer and who receives air ambulance services from a
    nonparticipating provider (as defined in section 716(a)(3)(G)) with
    respect to such plan or coverage, if such services would be covered if
    provided by a participating provider (as defined in such section) with
    respect to such plan or coverage--
    ``(1) the cost-sharing requirement with respect to such
    services shall be the same requirement that would apply if such
    services were provided by such a participating provider, and any
    coinsurance or deductible shall be based on rates that would
    apply for such services if they were furnished by such a
    participating provider;
    ``(2) <>  such cost-sharing amounts
    shall be counted towards the in-network deductible and in-
    network out-of-pocket maximum amount under the plan or coverage
    for the plan year (and such in-network deductible shall be
    applied) with respect to such items and services so furnished in
    the same manner as if such cost-sharing payments were with
    respect to items and services furnished by a participating
    provider; and
    ``(3) the group health plan or health insurance issuer,
    respectively, shall--
    ``(A) <>  not later than 30
    calendar days after the bill for such services is
    transmitted by such provider, send to the provider, an
    initial payment or notice of denial of payment; and
    ``(B) pay a total plan or coverage payment, in
    accordance with, if applicable, subsection (b)(6),
    directly to such provider furnishing such services to
    such participant, beneficiary, or enrollee that is, with
    application of any initial payment under subparagraph
    (A), equal to the amount by which the out-of-network
    rate (as defined in section 716(a)(3)(K)) for such
    services and year involved exceeds the cost-sharing
    amount imposed under the plan or coverage, respectively,
    for such services (as determined in accordance with
    paragraphs (1) and (2)).

    ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>  Determination through open
    negotiation.--
    ``(A) In general.--With respect to air ambulance
    services furnished in a year by a nonparticipating
    provider, with respect to a group health plan or health
    insurance

    [[Page 2839]]

    issuer offering group health insurance coverage, and for
    which a payment is required to be made by the plan or
    coverage pursuant to subsection (a)(3), the provider or
    plan or coverage may, during the 30-day period beginning
    on the day the provider receives a payment or a
    statement of denial of payment from the plan or coverage
    regarding a claim for payment for such service, initiate
    open negotiations under this paragraph between such
    provider and plan or coverage for purposes of
    determining, during the open negotiation period, an
    amount agreed on by such provider, and such plan or
    coverage for payment (including any cost-sharing) for
    such service. For purposes of this subsection, the open
    negotiation period, with respect to air ambulance
    services, is the 30-day period beginning on the date of
    initiation of the negotiations with respect to such
    services.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to air ambulance services, that do not result in
    a determination of an amount of payment for such
    services by the last day of the open negotiation period
    described in such subparagraph with respect to such
    services, the provider or group health plan or health
    insurance issuer offering group health insurance
    coverage that was party to such negotiations may, during
    the 4-day period beginning on the day after such open
    negotiation period, initiate the independent dispute
    resolution process under paragraph (2) with respect to
    such item or service. <>  The
    independent dispute resolution process shall be
    initiated by a party pursuant to the previous sentence
    by submission to the other party and to the Secretary of
    a notification (containing such information as specified
    by the Secretary) and for purposes of this subsection,
    the date of initiation of such process shall be the date
    of such submission or such other date specified by the
    Secretary pursuant to regulations that is not later than
    the date of receipt of such notification by both the
    other party and the Secretary.
    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Health and Human Services and the
    Secretary of the Treasury, shall establish by regulation
    one independent dispute resolution process (referred to
    in this subsection as the `IDR process') under which, in
    the case of air ambulance services with respect to which
    a provider or group health plan or health insurance
    issuer offering group health insurance coverage submits
    a notification under paragraph (1)(B) (in this
    subsection referred to as a `qualified IDR air ambulance
    services'), a certified IDR entity under paragraph (4)
    determines, subject to subparagraph (B) and in
    accordance with the succeeding provisions of this
    subsection, the amount of payment under the plan or
    coverage for such services furnished by such provider.

    [[Page 2840]]

    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for qualified IDR air
    ambulance services agree on a payment amount for such
    services during such process but before the date on
    which the entity selected with respect to such
    determination under paragraph (4) makes such
    determination under paragraph (5), such amount shall be
    treated for purposes of section 716(a)(3)(K)(ii) as the
    amount agreed to by such parties for such services. In
    the case of an agreement described in the previous
    sentence, the independent dispute resolution process
    shall provide for a method to determine how to allocate
    between the parties to such determination the payment of
    the compensation of the entity selected with respect to
    such determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 of the Public
    Health Service Act with respect to such item or service
    pursuant to subsection (b) of such section.
    ``(3) <>  Treatment of batching of
    services.--The provisions of section 716(c)(3) shall apply with
    respect to a notification submitted under this subsection with
    respect to air ambulance services in the same manner and to the
    same extent such provisions apply with respect to a notification
    submitted under section 716(c) with respect to items and
    services described in such section.
    ``(4) Idr entities.--
    ``(A) Eligibility.--An IDR entity certified under
    this subsection is an IDR entity certified under section
    716(c)(4).
    ``(B) <>  Selection of
    certified idr entity.--The provisions of subparagraph
    (F) of section 716(c)(4) shall apply with respect to
    selecting an IDR entity certified pursuant to
    subparagraph (A) with respect to the determination of
    the amount of payment under this subsection of air
    ambulance services in the same manner as such provisions
    apply with respect to selecting an IDR entity certified
    under such section with respect to the determination of
    the amount of payment under section 716(c) of an item or
    service. An entity selected pursuant to the previous
    sentence to make a determination described in such
    sentence shall be referred to in this subsection as the
    `certified IDR entity' with respect to such
    determination.
    ``(5) Payment determination.--
    ``(A) <>  In general.--Not later
    than 30 days after the date of selection of the
    certified IDR entity with respect to a determination for
    qualified IDR ambulance services, the certified IDR
    entity shall--
    ``(i) taking into account the considerations
    specified in subparagraph (C), select one of the
    offers submitted under subparagraph (B) to be the
    amount of payment for such services determined
    under this subsection for purposes of subsection
    (a)(3); and
    ``(ii) <>  notify the
    provider or facility and the group health plan or
    health insurance issuer offering group

    [[Page 2841]]

    health insurance coverage party to such
    determination of the offer selected under clause
    (i).
    ``(B) <>  Submission of offers.--
    Not later than 10 days after the date of selection of
    the certified IDR entity with respect to a determination
    for qualified IDR air ambulance services, the provider
    and the group health plan or health insurance issuer
    offering group health insurance coverage party to such
    determination--
    ``(i) shall each submit to the certified IDR
    entity with respect to such determination--
    ``(I) an offer for a payment amount
    for such services furnished by such
    provider; and
    ``(II) such information as requested
    by the certified IDR entity relating to
    such offer; and
    ``(ii) may each submit to the certified IDR
    entity with respect to such determination any
    information relating to such offer submitted by
    either party, including information relating to
    any circumstance described in subparagraph
    (C)(ii).
    ``(C) Considerations in determination.--
    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR air
    ambulance service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in section 716(a)(3)(E)) for
    the applicable year for items and
    services that are comparable to the
    qualified IDR air ambulance service and
    that are furnished in the same
    geographic region (as defined by the
    Secretary for purposes of such
    subsection) as such qualified IDR air
    ambulance service; and
    ``(II) subject to clause (iii),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).
    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to air ambulance
    services included in the notification submitted
    under paragraph (1)(B) of a nonparticipating
    provider, group health plan, or health insurance
    issuer the following:
    ``(I) The quality and outcomes
    measurements of the provider that
    furnished such services.
    ``(II) The acuity of the individual
    receiving such services or the
    complexity of furnishing such services
    to such individual.
    ``(III) The training, experience,
    and quality of the medical personnel
    that furnished such services.
    ``(IV) Ambulance vehicle type,
    including the clinical capability level
    of such vehicle.
    ``(V) Population density of the pick
    up location (such as urban, suburban,
    rural, or frontier).

    [[Page 2842]]

    ``(VI) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan or
    issuer to enter into network agreements
    and, if applicable, contracted rates
    between the provider and the plan or
    issuer, as applicable, during the
    previous 4 plan years.
    ``(iii) Prohibition on consideration of
    certain factors.--In determining which offer is
    the payment amount to be applied with respect to
    qualified IDR air ambulance services furnished by
    a provider, the certified IDR entity with respect
    to such determination shall not consider usual and
    customary charges, the amount that would have been
    billed by such provider with respect to such
    services had the provisions of section 2799B-5 of
    the Public Health Service Act not applied, or the
    payment or reimbursement rate for such services
    furnished by such provider payable by a public
    payor, including under the Medicare program under
    title XVIII of the Social Security Act, under the
    Medicaid program under title XIX of such Act,
    under the Children's Health Insurance Program
    under title XXI of such Act, under the TRICARE
    program under chapter 55 of title 10, United
    States Code, or under chapter 17 of title 38,
    United States Code.
    ``(D) <>  Effects of
    determination.--The provisions of section 716(c)(5)(E))
    shall apply with respect to a determination of a
    certified IDR entity under subparagraph (A), the
    notification submitted with respect to such
    determination, the services with respect to such
    notification, and the parties to such notification in
    the same manner as such provisions apply with respect to
    a determination of a certified IDR entity under section
    716(c)(5)(E), the notification submitted with respect to
    such determination, the items and services with respect
    to such notification, and the parties to such
    notification.
    ``(E) Costs of independent dispute resolution
    process.--The provisions <>  of
    section 716(c)(5)(F) shall apply to a notification made
    under this subsection, the parties to such notification,
    and a determination under subparagraph (A) in the same
    manner and to the same extent such provisions apply to a
    notification under section 716(c), the parties to such
    notification and a determination made under section
    716(c)(5)(A).
    ``(6) <>  Timing of payment.--The total
    plan or coverage payment required pursuant to subsection (a)(3),
    with respect to qualified IDR air ambulance services for which a
    determination is made under paragraph (5)(A) or with respect to
    air ambulance services for which a payment amount is determined
    under open negotiations under paragraph (1), shall be made
    directly to the nonparticipating provider not later than 30 days
    after the date on which such determination is made.
    ``(7) Publication of information relating to the idr
    process.--

    [[Page 2843]]

    ``(A) <>  In general.--For each calendar quarter in
    2022 and each calendar quarter in a subsequent year, the
    Secretary shall publish on the public website of the
    Department of Labor--
    ``(i) the number of notifications submitted
    under the IDR process during such calendar
    quarter;
    ``(ii) the number of such notifications with
    respect to which a final determination was made
    under paragraph (5)(A);
    ``(iii) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made.
    ``(iv) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount;
    ``(v) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vi) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and
    ``(vii) the total amount of compensation paid
    to certified IDR entities under paragraph
    (5)(E)during such calendar quarter.
    ``(B) Information with respect to requests.--For
    purposes of subparagraph (A), the information described
    in this subparagraph is, with respect to a notification
    under the IDR process of a nonparticipating provider,
    group health plan, or health insurance issuer offering
    group health insurance coverage--
    ``(i) a description of each air ambulance
    service included in such notification;
    ``(ii) the geography in which the services
    included in such notification were provided;
    ``(iii) the amount of the offer submitted
    under paragraph (2) by the group health plan or
    health insurance issuer (as applicable) and by the
    nonparticipating provider expressed as a
    percentage of the qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or issuer (as applicable) or by such provider
    and the amount of such offer so selected expressed
    as a percentage of the qualifying payment amount;
    ``(v) ambulance vehicle type, including the
    clinical capability level of such vehicle;
    ``(vi) the identity of the group health plan
    or health insurance issuer or air ambulance
    provider with respect to such notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.

    [[Page 2844]]

    ``(C) <>  IDR
    entity requirements.--For 2022 and each subsequent year,
    an IDR entity, as a condition of certification as an IDR
    entity, shall submit to the Secretary such information
    as the Secretary determines necessary for the Secretary
    to carry out the provisions of this paragraph.
    ``(D) <>
    Clarification.--The Secretary shall ensure the public
    reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (4) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect to such determination in an amount
    described in subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) <>  Waiver authority.--The
    Secretary may modify any deadline or other timing requirement
    specified under this subsection (other than the establishment
    date for the IDR process under paragraph (2)(A) and other than
    under paragraph (6)) in cases of extenuating circumstances, as
    specified by the Secretary, or to ensure that all claims that
    occur during a 90-day period applied through paragraph (5)(D),
    but with respect to which a notification is not permitted by
    reason of such paragraph to be submitted under paragraph (1)(B)
    during such period, are eligible for the IDR process.

    ``(c) Definition.--For purposes of this section:
    ``(1) Air ambulance services.--The term `air ambulance
    service' means medical transport by helicopter or airplane for
    patients.
    ``(2) Qualifying payment amount.--The term `qualifying
    payment amount' has the meaning given such term in section
    716(a)(3).
    ``(3) Nonparticipating provider.--The term `nonparticipating
    provider' has the meaning given such term in section
    716(a)(3).''.
    (3) IRC amendments.--
    (A) In general.--Subchapter B of chapter 100 of the
    Internal Revenue Code of 1986, as amended by section
    102(c) and further amended by the previous provisions of
    this title, is further amended by inserting after
    section 9816 the following:
    ``SEC. 9817. <>  ENDING SURPRISE AIR AMBULANCE
    BILLS.

    ``(a) In General.--In the case of a participant or beneficiary in a
    group health plan who receives air ambulance services from

    [[Page 2845]]

    a nonparticipating provider (as defined in section 9816(a)(3)(G)) with
    respect to such plan, if such services would be covered if provided by a
    participating provider (as defined in such section) with respect to such
    plan--
    ``(1) the cost-sharing requirement with respect to such
    services shall be the same requirement that would apply if such
    services were provided by such a participating provider, and any
    coinsurance or deductible shall be based on rates that would
    apply for such services if they were furnished by such a
    participating provider;
    ``(2) <>  such cost-sharing amounts
    shall be counted towards the in-network deductible and in-
    network out-of-pocket maximum amount under the plan for the plan
    year (and such in-network deductible shall be applied) with
    respect to such items and services so furnished in the same
    manner as if such cost-sharing payments were with respect to
    items and services furnished by a participating provider; and
    ``(3) the group health plan shall--
    ``(A) <>  not later than 30
    calendar days after the bill for such services is
    transmitted by such provider, send to the provider, an
    initial payment or notice of denial of payment; and
    ``(B) pay a total plan payment, in accordance with,
    if applicable, subsection (b)(6), directly to such
    provider furnishing such services to such participant,
    beneficiary, or enrollee that is, with application of
    any initial payment under subparagraph (A), equal to the
    amount by which the out-of-network rate (as defined in
    section 9816(a)(3)(K)) for such services and year
    involved exceeds the cost-sharing amount imposed under
    the plan for such services (as determined in accordance
    with paragraphs (1) and (2)).

    ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
    ``(1) <>
    Determination through open negotiation.--
    ``(A) In general.--With respect to air ambulance
    services furnished in a year by a nonparticipating
    provider, with respect to a group health plan, and for
    which a payment is required to be made by the plan
    pursuant to subsection (a)(3), the provider or plan may,
    during the 30-day period beginning on the day the
    provider receives a payment or a statement of denial of
    payment from the plan regarding a claim for payment for
    such service, initiate open negotiations under this
    paragraph between such provider and plan for purposes of
    determining, during the open negotiation period, an
    amount agreed on by such provider, and such plan for
    payment (including any cost-sharing) for such service.
    For purposes of this subsection, the open negotiation
    period, with respect to air ambulance services, is the
    30-day period beginning on the date of initiation of the
    negotiations with respect to such services.
    ``(B) Accessing independent dispute resolution
    process in case of failed negotiations.--In the case of
    open negotiations pursuant to subparagraph (A), with
    respect to air ambulance services, that do not result in
    a determination of an amount of payment for such
    services by the last day of the open negotiation period
    described in such subparagraph with respect to such
    services, the

    [[Page 2846]]

    provider or group health plan that was party to such
    negotiations may, during the 4-day period beginning on
    the day after such open negotiation period, initiate the
    independent dispute resolution process under paragraph
    (2) with respect to such
    services. <>  The independent
    dispute resolution process shall be initiated by a party
    pursuant to the previous sentence by submission to the
    other party and to the Secretary of a notification
    (containing such information as specified by the
    Secretary) and for purposes of this subsection, the date
    of initiation of such process shall be the date of such
    submission or such other date specified by the Secretary
    pursuant to regulations that is not later than the date
    of receipt of such notification by both the other party
    and the Secretary.
    ``(2) Independent dispute resolution process available in
    case of failed open negotiations.--
    ``(A) <>
    Establishment.--Not later than 1 year after the date of
    the enactment of this subsection, the Secretary, jointly
    with the Secretary of Health and Human Services and the
    Secretary of Labor, shall establish by regulation one
    independent dispute resolution process (referred to in
    this subsection as the `IDR process') under which, in
    the case of air ambulance services with respect to which
    a provider or group health plan submits a notification
    under paragraph (1)(B) (in this subsection referred to
    as a `qualified IDR air ambulance services'), a
    certified IDR entity under paragraph (4) determines,
    subject to subparagraph (B) and in accordance with the
    succeeding provisions of this subsection, the amount of
    payment under the plan for such services furnished by
    such provider.
    ``(B) Authority to continue negotiations.--Under the
    independent dispute resolution process, in the case that
    the parties to a determination for qualified IDR air
    ambulance services agree on a payment amount for such
    services during such process but before the date on
    which the entity selected with respect to such
    determination under paragraph (4) makes such
    determination under paragraph (5), such amount shall be
    treated for purposes of section 9816(a)(3)(K)(ii) as the
    amount agreed to by such parties for such services. In
    the case of an agreement described in the previous
    sentence, the independent dispute resolution process
    shall provide for a method to determine how to allocate
    between the parties to such determination the payment of
    the compensation of the entity selected with respect to
    such determination.
    ``(C) Clarification.--A nonparticipating provider
    may not, with respect to an item or service furnished by
    such provider, submit a notification under paragraph
    (1)(B) if such provider is exempt from the requirement
    under subsection (a) of section 2799B-2 of the Public
    Health Service Act with respect to such item or service
    pursuant to subsection (b) of such section.
    ``(3) <>  Treatment of batching of
    services.--The provisions of section 9816(c)(3) shall apply with
    respect to a notification submitted under this subsection with
    respect to air ambulance services in the same manner and to the
    same extent such provisions apply with respect to a notification
    submitted under

    [[Page 2847]]

    section 9816(c) with respect to items and services described in
    such section.
    ``(4) Idr entities.--
    ``(A) Eligibility.--An IDR entity certified under
    this subsection is an IDR entity certified under section
    9816(c)(4).
    ``(B) <>  Selection of
    certified idr entity.--The provisions of subparagraph
    (F) of section 9816(c)(4) shall apply with respect to
    selecting an IDR entity certified pursuant to
    subparagraph (A) with respect to the determination of
    the amount of payment under this subsection of air
    ambulance services in the same manner as such provisions
    apply with respect to selecting an IDR entity certified
    under such section with respect to the determination of
    the amount of payment under section 9816(c) of an item
    or service. An entity selected pursuant to the previous
    sentence to make a determination described in such
    sentence shall be referred to in this subsection as the
    `certified IDR entity' with respect to such
    determination.
    ``(5) Payment determination.--
    ``(A) <>  In general.--Not later
    than 30 days after the date of selection of the
    certified IDR entity with respect to a determination for
    qualified IDR ambulance services, the certified IDR
    entity shall--
    ``(i) taking into account the considerations
    specified in subparagraph (C), select one of the
    offers submitted under subparagraph (B) to be the
    amount of payment for such services determined
    under this subsection for purposes of subsection
    (a)(3); and
    ``(ii) <>  notify the
    provider or facility and the group health plan
    party to such determination of the offer selected
    under clause (i).
    ``(B) <>  Submission of offers.--
    Not later than 10 days after the date of selection of
    the certified IDR entity with respect to a determination
    for qualified IDR air ambulance services, the provider
    and the group health plan party to such determination--
    ``(i) shall each submit to the certified IDR
    entity with respect to such determination--
    ``(I) an offer for a payment amount
    for such services furnished by such
    provider; and
    ``(II) such information as requested
    by the certified IDR entity relating to
    such offer; and
    ``(ii) may each submit to the certified IDR
    entity with respect to such determination any
    information relating to such offer submitted by
    either party, including information relating to
    any circumstance described in subparagraph
    (C)(ii).
    ``(C) Considerations in determination.--
    ``(i) In general.--In determining which offer
    is the payment to be applied pursuant to this
    paragraph, the certified IDR entity, with respect
    to the determination for a qualified IDR air
    ambulance service shall consider--
    ``(I) the qualifying payment amounts
    (as defined in section 9816(a)(3)(E))
    for the applicable year for items or
    services that are comparable

    [[Page 2848]]

    to the qualified IDR air ambulance
    service and that are furnished in the
    same geographic region (as defined by
    the Secretary for purposes of such
    subsection) as such qualified IDR air
    ambulance service; and
    ``(II) subject to clause (iii),
    information on any circumstance
    described in clause (ii), such
    information as requested in subparagraph
    (B)(i)(II), and any additional
    information provided in subparagraph
    (B)(ii).
    ``(ii) Additional circumstances.--For purposes
    of clause (i)(II), the circumstances described in
    this clause are, with respect to air ambulance
    services included in the notification submitted
    under paragraph (1)(B) of a nonparticipating
    provider, or group health plan the following:
    ``(I) The quality and outcomes
    measurements of the provider that
    furnished such services.
    ``(II) The acuity of the individual
    receiving such services or the
    complexity of furnishing such services
    to such individual.
    ``(III) The training, experience,
    and quality of the medical personnel
    that furnished such services.
    ``(IV) Ambulance vehicle type,
    including the clinical capability level
    of such vehicle.
    ``(V) Population density of the pick
    up location (such as urban, suburban,
    rural, or frontier).
    ``(VI) Demonstrations of good faith
    efforts (or lack of good faith efforts)
    made by the nonparticipating provider or
    nonparticipating facility or the plan to
    enter into network agreements and, if
    applicable, contracted rates between the
    provider and the plan during the
    previous 4 plan years.
    ``(iii) Prohibition on consideration of
    certain factors.--In determining which offer is
    the payment amount to be applied with respect to
    qualified IDR air ambulance services furnished by
    a provider, the certified IDR entity with respect
    to such determination shall not consider usual and
    customary charges, the amount that would have been
    billed by such provider with respect to such
    services had the provisions of section 2799B-5 of
    the Public Health Service Act not applied, or the
    payment or reimbursement rate for such services
    furnished by such provider payable by a public
    payor, including under the Medicare program under
    title XVIII of the Social Security Act, under the
    Medicaid program under title XIX of such Act,
    under the Children's Health Insurance Program
    under title XXI of such Act, under the TRICARE
    program under chapter 55 of title 10, United
    States Code, or under chapter 17 of title 38,
    United States Code.
    ``(D) <>  Effects of
    determination.--The provisions of section 9816(c)(5)(E))
    shall apply with respect to a determination of a
    certified IDR entity under subparagraph (A), the
    notification submitted with respect to such
    determination, the services with respect to such
    notification, and the parties to such notification in
    the same manner

    [[Page 2849]]

    as such provisions apply with respect to a determination
    of a certified IDR entity under section 9816(c)(5)(E),
    the notification submitted with respect to such
    determination, the items and services with respect to
    such notification, and the parties to such notification.
    ``(E) Costs of independent dispute resolution
    process.--The provisions <>  of
    section 9816(c)(5)(F) shall apply to a notification made
    under this subsection, the parties to such notification,
    and a determination under subparagraph (A) in the same
    manner and to the same extent such provisions apply to a
    notification under section 9816(c), the parties to such
    notification and a determination made under section
    9816(c)(5)(A).
    ``(6) <>  Timing of payment.--The total
    plan payment required pursuant to subsection (a)(3), with
    respect to qualified IDR air ambulance services for which a
    determination is made under paragraph (5)(A) or with respect to
    air ambulance services for which a payment amount is determined
    under open negotiations under paragraph (1), shall be made
    directly to the nonparticipating provider not later than 30 days
    after the date on which such determination is made.
    ``(7) Publication of information relating to the idr
    process.--
    ``(A) <>  In general.--For each calendar quarter in
    2022 and each calendar quarter in a subsequent year, the
    Secretary shall publish on the public website of the
    Department of the Treasury--
    ``(i) the number of notifications submitted
    under the IDR process during such calendar
    quarter;
    ``(ii) the number of such notifications with
    respect to which a final determination was made
    under paragraph (5)(A);
    ``(iii) the information described in
    subparagraph (B) with respect to each notification
    with respect to which such a determination was so
    made.
    ``(iv) the number of times the payment amount
    determined (or agreed to) under this subsection
    exceeds the qualifying payment amount;
    ``(v) the amount of expenditures made by the
    Secretary during such calendar quarter to carry
    out the IDR process;
    ``(vi) the total amount of fees paid under
    paragraph (8) during such calendar quarter; and
    ``(vii) the total amount of compensation paid
    to certified IDR entities under paragraph
    (5)(E)during such calendar quarter.
    ``(B) Information with respect to requests.--For
    purposes of subparagraph (A), the information described
    in this subparagraph is, with respect to a notification
    under the IDR process of a nonparticipating provider, or
    group health plan--
    ``(i) a description of each air ambulance
    service included in such notification;
    ``(ii) the geography in which the services
    included in such notification were provided;

    [[Page 2850]]

    ``(iii) the amount of the offer submitted
    under paragraph (2) by the group health plan and
    by the nonparticipating provider expressed as a
    percentage of the qualifying payment amount;
    ``(iv) whether the offer selected by the
    certified IDR entity under paragraph (5) to be the
    payment applied was the offer submitted by such
    plan or issuer (as applicable) or by such provider
    and the amount of such offer so selected expressed
    as a percentage of the qualifying payment amount;
    ``(v) ambulance vehicle type, including the
    clinical capability level of such vehicle;
    ``(vi) the identity of the group health plan
    or health insurance issuer or air ambulance
    provider with respect to such notification;
    ``(vii) the length of time in making each
    determination;
    ``(viii) the compensation paid to the
    certified IDR entity with respect to the
    settlement or determination; and
    ``(ix) any other information specified by the
    Secretary.
    ``(C) IDR entity requirements.--For 2022 and each
    subsequent year, an IDR entity, as a condition of
    certification as an IDR entity, shall submit to the
    Secretary such information as the Secretary determines
    necessary for the Secretary to carry out the provisions
    of this paragraph.
    ``(D) <>
    Clarification.--The Secretary shall ensure the public
    reporting under this paragraph does not contain
    information that would disclose privileged or
    confidential information of a group health plan or
    health insurance issuer offering group or individual
    health insurance coverage or of a provider or facility.
    ``(8) Administrative fee.--
    ``(A) In general.--Each party to a determination
    under paragraph (5) to which an entity is selected under
    paragraph (4) in a year shall pay to the Secretary, at
    such time and in such manner as specified by the
    Secretary, a fee for participating in the IDR process
    with respect to such determination in an amount
    described in subparagraph (B) for such year.
    ``(B) <>  Amount of fee.--The
    amount described in this subparagraph for a year is an
    amount established by the Secretary in a manner such
    that the total amount of fees paid under this paragraph
    for such year is estimated to be equal to the amount of
    expenditures estimated to be made by the Secretary for
    such year in carrying out the IDR process.
    ``(9) <>  Waiver authority.--The
    Secretary may modify any deadline or other timing requirement
    specified under this subsection (other than the establishment
    date for the IDR process under paragraph (2)(A) and other than
    under paragraph (6)) in cases of extenuating circumstances, as
    specified by the Secretary, or to ensure that all claims that
    occur during a 90-day period applied through paragraph (5)(D),
    but with respect to which a notification is not permitted by
    reason of such

    [[Page 2851]]

    paragraph to be submitted under paragraph (1)(B) during such
    period, are eligible for the IDR process.

    ``(c) Definitions.--For purposes of this section:
    ``(1) Air ambulance services.--The term `air ambulance
    service' means medical transport by helicopter or airplane for
    patients.
    ``(2) Qualifying payment amount.--The term `qualifying
    payment amount' has the meaning given such term in section
    9816(a)(3).
    ``(3) Nonparticipting provider.--The term `nonparticipating
    provider' has the meaning given such term in section
    9816(a)(3).''.
    (B) Clerical amendment.--The table of sections for
    subchapter B <> of chapter 100
    of the Internal Revenue Code of 1986, as amended by
    section 102(c)(3), is further amended by inserting after
    the item relating to section 9816 the following new
    item:

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

    (4) <>  Effective date.--The
    amendments made by this subsection shall apply with respect to
    plan years beginning on or after January 1, 2022.

    (b) Air Ambulance Provider Balance Billing.--Part E of title XXVII
    of the Public Health Service Act, as added and amended by section 104,
    is further amended by adding at the end the following new section:
    ``SEC. 2799B-5. <>  AIR
    AMBULANCE SERVICES.

    ``In the case of a participant, beneficiary, or enrollee with
    benefits under a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who is
    furnished in a plan year beginning on or after January 1, 2022, air
    ambulance services (for which benefits are available under such plan or
    coverage) from a nonparticipating provider (as defined in section 2799A-
    1(a)(3)(G)) with respect to such plan or coverage, such provider shall
    not bill, and shall not hold liable, such participant, beneficiary, or
    enrollee for a payment amount for such service furnished by such
    provider that is more than the cost-sharing amount for such service (as
    determined in accordance with paragraphs (1) and (2) of section 2799A-
    2(a), section 717(a) of the Employee Retirement Income Security Act of
    1974, or section 9817(a) of the Internal Revenue Code of 1986, as
    applicable).''.
    SEC. 106. <>  REPORTING REQUIREMENTS
    REGARDING AIR AMBULANCE SERVICES.

    (a) Reporting Requirements for Providers of Air Ambulance
    Services.--
    (1) <>  In general.--A provider of air
    ambulance services shall submit to the Secretary of Health and
    Human Services and the Secretary of Transportation--
    (A) not later than the date that is 90 days after
    the last day of the first calendar year beginning on or
    after the date on which a final rule is promulgated
    pursuant to the rulemaking described in subsection (d),
    the information described in paragraph (2) with respect
    to such plan year; and

    [[Page 2852]]

    (B) not later than the date that is 90 days after
    the last day of the plan year immediately succeeding the
    plan year described in subparagraph (A), such
    information with respect to such immediately succeeding
    plan year.
    (2) Information described.--For purposes of paragraph (1),
    information described in this paragraph, with respect to a
    provider of air ambulance services, is each of the following:
    (A) <>
    Cost data, as determined appropriate by the Secretary of
    Health and Human Services, in consultation with the
    Secretary of Transportation, for air ambulance services
    furnished by such provider, separated to the maximum
    extent possible by air transportation costs associated
    with furnishing such air ambulance services and costs of
    medical services and supplies associated with furnishing
    such air ambulance services.
    (B) The number and location of all air ambulance
    bases operated by such provider.
    (C) The number and type of aircraft operated by such
    provider.
    (D) The number of air ambulance transports,
    disaggregated by payor mix, including--
    (i)(I) group health plans;
    (II) health insurance issuers; and
    (III) State and Federal Government payors; and
    (ii) uninsured individuals.
    (E) The number of claims of such provider that have
    been denied payment by a group health plan or health
    insurance issuer and the reasons for any such denials.
    (F) The number of emergency and nonemergency air
    ambulance transports, disaggregated by air ambulance
    base and type of aircraft.
    (G) Such other information regarding air ambulance
    services as the Secretary of Health and Human Services
    may specify.

    (b) Reporting Requirements for Group Health Plans and Health
    Insurance Issuers.--
    (1) PHSA.--Part D of title XXVII of the Public Health
    Service Act, as added by section 102(a)(1), is amended by adding
    after section 2799A-7, as added by section 102(a)(2)(A) of this
    Act, the following new section:
    ``SEC. 2799A-8. <>  AIR AMBULANCE REPORT
    REQUIREMENTS.

    ``(a) <>  In General.--Each group health plan and
    health insurance issuer offering group or individual health insurance
    coverage shall submit to the Secretary, jointly with the Secretary of
    Labor and the Secretary of the Treasury--
    ``(1) not later than the date that is 90 days after the last
    day of the first calendar year beginning on or after the date on
    which a final rule is promulgated pursuant to the rulemaking
    described in section 106(d) of the No Surprises Act, the
    information described in subsection (b) with respect to such
    plan year; and
    ``(2) not later than the date that is 90 days after the last
    day of the calendar year immediately succeeding the plan year
    described in paragraph (1), such information with respect to
    such immediately succeeding plan year.

    [[Page 2853]]

    ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group health
    plan or a health insurance issuer offering group or individual health
    insurance coverage, is each of the following:
    ``(1) Claims data for air ambulance services furnished by
    providers of such services, disaggregated by each of the
    following factors:
    ``(A) Whether such services were furnished on an
    emergent or nonemergent basis.
    ``(B) Whether the provider of such services is part
    of a hospital-owned or sponsored program, municipality-
    sponsored program, hospital independent partnership
    (hybrid) program, independent program, or tribally
    operated program in Alaska.
    ``(C) Whether the transport in which the services
    were furnished originated in a rural or urban area.
    ``(D) The type of aircraft (such as rotor transport
    or fixed wing transport) used to furnish such services.
    ``(E) Whether the provider of such services has a
    contract with the plan or issuer, as applicable, to
    furnish such services under the plan or coverage,
    respectively.
    ``(2) Such other information regarding providers of air
    ambulance services as the Secretary may specify.''.
    (2) ERISA.--
    (A) In general.--Subpart B of part 7 of title I of
    the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1185 et seq.) is amended by adding after section
    722, as added by section 102(b)(2)(A) of this Act, the
    following new section:
    ``SEC. 723. <>  AIR AMBULANCE REPORT
    REQUIREMENTS.

    ``(a) <>  In General.--Each group health plan and
    health insurance issuer offering group health insurance coverage shall
    submit to the Secretary, jointly with the Secretary of Health and Human
    Services and the Secretary of the Treasury--
    ``(1) not later than the date that is 90 days after the last
    day of the first calendar year beginning on or after the date on
    which a final rule is promulgated pursuant to the rulemaking
    described in section 106(d) of the No Surprises Act, the
    information described in subsection (b) with respect to such
    plan year; and
    ``(2) not later than the date that is 90 days after the last
    day of the plan year immediately succeeding the calendar year
    described in paragraph (1), such information with respect to
    such immediately succeeding plan year.

    ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group health
    plan or a health insurance issuer offering group health insurance
    coverage, is each of the following:
    ``(1) Claims data for air ambulance services furnished by
    providers of such services, disaggregated by each of the
    following factors:
    ``(A) Whether such services were furnished on an
    emergent or nonemergent basis.
    ``(B) Whether the provider of such services is part
    of a hospital-owned or sponsored program, municipality-
    sponsored program, hospital independent partnership

    [[Page 2854]]

    (hybrid) program, independent program, or tribally
    operated program in Alaska.
    ``(C) Whether the transport in which the services
    were furnished originated in a rural or urban area.
    ``(D) The type of aircraft (such as rotor transport
    or fixed wing transport) used to furnish such services.
    ``(E) Whether the provider of such services has a
    contract with the plan or issuer, as applicable, to
    furnish such services under the plan or coverage,
    respectively.
    ``(2) Such other information regarding providers of air
    ambulance services as the Secretary may specify.''.
    (B) Clerical amendment.--The table of contents of
    the Employee Retirement Income Security Act of 1974 is
    amended by adding after the item relating to section
    722, as added by section 102(b) the following:

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

    (3) IRC.--
    (A) In general.--Subchapter B of chapter 100 of the
    Internal Revenue Code of 1986 is amended by adding after
    section 9822, as added by section 102(c)(2)(A) of this
    Act, the following new section:
    ``SEC. 9823. <>  AIR AMBULANCE REPORT
    REQUIREMENTS.

    ``(a) <>  In General.--Each group health plan
    shall submit to the Secretary, jointly with the Secretary of Labor and
    the Secretary of Health and Human Services--
    ``(1) not later than the date that is 90 days after the last
    day of the first calendar year beginning on or after the date on
    which a final rule is promulgated pursuant to the rulemaking
    described in section 106(d) of the No Surprises Act, the
    information described in subsection (b) with respect to such
    plan year; and
    ``(2) not later than the date that is 90 days after the last
    day of the calendar year immediately succeeding the plan year
    described in paragraph (1), such information with respect to
    such immediately succeeding plan year.

    ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group health
    plan is each of the following:
    ``(1) Claims data for air ambulance services furnished by
    providers of such services, disaggregated by each of the
    following factors:
    ``(A) Whether such services were furnished on an
    emergent or nonemergent basis.
    ``(B) Whether the provider of such services is part
    of a hospital-owned or sponsored program, municipality-
    sponsored program, hospital independent partnership
    (hybrid) program, independent program, or tribally
    operated program in Alaska.
    ``(C) Whether the transport in which the services
    were furnished originated in a rural or urban area.
    ``(D) The type of aircraft (such as rotor transport
    or fixed wing transport) used to furnish such services.
    ``(E) Whether the provider of such services has a
    contract with the plan or issuer, as applicable, to
    furnish such services under the plan or coverage,
    respectively.

    [[Page 2855]]

    ``(2) Such other information regarding providers of air
    ambulance services as the Secretary may specify.''.
    (B) Clerical amendment.--The table of sections for
    subchapter B of chapter 100 of the Internal Revenue Code
    of 1986 is amended <>  by
    adding after the item relating to section 9822, as added
    by section 102(c), the following new item:

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

    (c) Publication of Comprehensive Report.--
    (1) <>  In general.--Not later
    than the date that is one year after the date described in
    subsection (a)(2) of section 2799A-8 of the Public Health
    Service Act, of section 723 of the Employee Retirement Income
    Security Act of 1974, and of section 9823 of the Internal
    Revenue Code of 1986, as such sections are added by subsection
    (b), the Secretary of Health and Human Services, in consultation
    with the Secretary of Transportation (referred to in this
    section as the ``Secretaries''), shall develop, and make
    publicly available (subject to paragraph (3)), a comprehensive
    report summarizing the information submitted under subsection
    (a) and the amendments made by subsection (b) and including each
    of the following:
    (A) The percentage of providers of air ambulance
    services that are part of a hospital-owned or sponsored
    program, municipality-sponsored program, hospital-
    independent partnership (hybrid) program, or independent
    program.
    (B) An assessment of the extent of competition among
    providers of air ambulance services on the basis of
    price and services offered, and any changes in such
    competition over time.
    (C) An assessment of the average charges for air
    ambulance services, amounts paid by group health plans
    and health insurance issuers offering group or
    individual health insurance coverage to providers of air
    ambulance services for furnishing such services, and
    amounts paid out-of-pocket by consumers, and any changes
    in such amounts paid over time.
    (D) An assessment of the presence of air ambulance
    bases in, or with the capability to serve, rural areas,
    and the relative growth in air ambulance bases in rural
    and urban areas over time.
    (E) Any evidence of gaps in rural access to
    providers of air ambulance services.
    (F) The percentage of providers of air ambulance
    services that have contracts with group health plans or
    health insurance issuers offering group or individual
    health insurance coverage to furnish such services under
    such plans or coverage, respectively.
    (G) An assessment of whether there are instances of
    unfair, deceptive, or predatory practices by providers
    of air ambulance services in collecting payments from
    patients to whom such services are furnished, such as
    referral of such patients to collections, lawsuits, and
    liens or wage garnishment actions.
    (H) An assessment of whether there are, within the
    air ambulance industry, instances of unreasonable
    industry

    [[Page 2856]]

    concentration, excessive market domination, or other
    conditions that would allow at least one provider of air
    ambulance services to unreasonably increase prices or
    exclude competition in air ambulance services in a given
    geographic region.
    (I) An assessment of the frequency of patient
    balance billing, patient referrals to collections,
    lawsuits to collect balance bills, and liens or wage
    garnishment actions by providers of air ambulance
    services as part of a collections process across
    hospital-owned or sponsored programs, municipality-
    sponsored programs, hospital-independent partnership
    (hybrid) programs, tribally operated programs in Alaska,
    or independent programs, providers of air ambulance
    services operated by public agencies (such as a State or
    county health department), and other independent
    providers of air ambulance services.
    (J) An assessment of the frequency of claims appeals
    made by providers of air ambulance services to group
    health plans or health insurance issuers offering group
    or individual health insurance coverage with respect to
    air ambulance services furnished to enrollees of such
    plans or coverage, respectively.
    (K) Any other cost, quality, or other data relating
    to air ambulance services or the air ambulance industry,
    as determined necessary and appropriate by the
    Secretaries.
    (2) Other sources of information.--The Secretaries may
    incorporate information from independent experts or third-party
    sources in developing the comprehensive report required under
    paragraph (1).
    (3) Protection of proprietary information.--The Secretaries
    may not make publicly available under this subsection any
    proprietary information.

    (d) <>
    Rulemaking.--Not later than the date that is one year after the date of
    the enactment of this Act, the Secretary of Health and Human Services,
    in consultation with the Secretary of Transportation, shall, through
    notice and comment rulemaking, specify the form and manner in which
    reports described in subsection (a) and in the amendments made by
    subsection (b) shall be submitted to such Secretaries, taking into
    consideration (as applicable and to the extent feasible) any
    recommendations included in the report submitted by the Advisory
    Committee on Air Ambulance and Patient Billing under section 418(e) of
    the FAA Reauthorization Act of 2018 (Public Law 115-254; 49 U.S.C. 42301
    note prec.).

    (e) Civil Money Penalties.--
    (1) In general.--Subject to paragraph (2), a provider of air
    ambulance services who fails to submit all information required
    under subsection (a)(2) by the date described in subparagraph
    (A) or (B) of subsection (a)(1), as applicable, shall be subject
    to a civil money penalty of not more than $10,000.
    (2) <>  Exception.--In the case of
    a provider of air ambulance services that submits only some of
    the information required under subsection (a)(2) by the date
    described in subparagraph (A) or (B) of subsection (a)(1), as
    applicable, the Secretary of Health and Human Services may waive
    the civil money

    [[Page 2857]]

    penalty imposed under paragraph (1) if such provider
    demonstrates a good faith effort (as defined by the Secretary
    pursuant to regulation) in working with the Secretary to submit
    the remaining information required under subsection (a)(2).
    (3) <>  Procedure.--The provisions of
    section 1128A of the Social Security Act (42 U.S.C. 1320a-7a),
    other than subsections (a) and (b) and the first sentence of
    subsection (c)(1), shall apply to civil money penalties under
    this subsection in the same manner as such provisions apply to a
    penalty or proceeding under such section.

    (f) Unfair and Deceptive Practices and Unfair Methods of
    Competition.--The Secretary of Transportation may use any information
    submitted under subsection (a) in determining whether a provider of air
    ambulance services has violated section 41712(a) of title 49, United
    States Code.
    (g) Advisory Committee on Air Ambulance Quality and Patient
    Safety.--
    (1) <>  Establishment.--Not later than the
    date that is 60 days after the date of the enactment of this
    Act, the Secretary of Health and Human Services and the
    Secretary of Transportation, shall establish an Advisory
    Committee on Air Ambulance Quality and Patient Safety (referred
    to in this subsection as the ``Committee'') for the purpose of
    reviewing options to establish quality, patient safety, and
    clinical capability standards for each clinical capability level
    of air ambulances.
    (2) Membership.--The Committee shall be composed of the
    following members:
    (A) The Secretary of Health and Human Services, or a
    designee of the Secretary, who shall serve as the Chair
    of the Committee.
    (B) The Secretary of Transportation, or a designee
    of the Secretary.
    (C) <>  One representative, to
    be appointed by the Secretary of Health and Human
    Services, of each of the following:
    (i) State health insurance regulators.
    (ii) Health care providers.
    (iii) Group health plans and health insurance
    issuers offering group or individual health
    insurance coverage.
    (iv) Patient advocacy groups.
    (v) Accrediting bodies with experience in
    quality measures.
    (D) <>  Three representatives
    of the air ambulance industry, to be appointed by the
    Secretary of Transportation.
    (E) <>  Additional three
    representatives not covered under subparagraphs (A)
    through (D), as determined necessary and appropriate by
    the Secretary of Health and Human Services and Secretary
    of Transportation.
    (3) <>  First meeting.--Not later than the
    date that is 90 days after the date of the enactment of this
    Act, the Committee shall hold its first meeting.
    (4) Duties.--The Committee shall study and make
    recommendations, as appropriate, to Congress regarding each of
    the following with respect to air ambulance services:

    [[Page 2858]]

    (A) Qualifications of different clinical capability
    levels and tiering of such levels.
    (B) Patient safety and quality standards.
    (C) Options for improving service reliability during
    poor weather, night conditions, or other adverse
    conditions.
    (D) Differences between air ambulance vehicle types,
    services, and technologies, and other flight capability
    standards, and the impact of such differences on patient
    safety.
    (E) Clinical triage criteria for air ambulances.
    (5) <>  Report.--Not later than the date that is 180 days
    after the date of the first meeting of the Committee, the
    Committee, in consultation with relevant experts and
    stakeholders, as appropriate, shall develop and make publicly
    available a report on any recommendations submitted to Congress
    under paragraph (4). <>  The
    Committee may update such report, as determined appropriate by
    the Committee.

    (h) Definitions.--In this section, the terms ``group health plan'',
    ``health insurance coverage'', ``individual health insurance coverage'',
    ``group health insurance coverage'', and ``health insurance issuer''
    have the meanings given such terms in section 2791 of the Public Health
    Service Act (42 U.S.C. 300gg-91).
    SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK
    DEDUCTIBLES AND OUT-OF-POCKET
    LIMITATIONS.

    (a) Phsa.--Section 2799A-1 of the Public Health Service Act, as
    added by section 102(a) and amended by section 103, <>  is further amended by adding at the end the following
    new subsection:

    ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group or individual health insurance
    coverage and providing or covering any benefit with respect to items or
    services shall include, in clear writing, on any physical or electronic
    plan or insurance identification card issued to the participants,
    beneficiaries, or enrollees in the plan or coverage the following:
    ``(1) Any deductible applicable to such plan or coverage.
    ``(2) Any out-of-pocket maximum limitation applicable to
    such plan or coverage.
    ``(3) A telephone number and Internet website address
    through which such individual may seek consumer assistance
    information, such as information related to hospitals and urgent
    care facilities that have in effect a contractual relationship
    with such plan or coverage for furnishing items and services
    under such plan or coverage''.

    (b) Erisa.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102(b) and amended by section
    103, <>  is further amended by adding at the end
    the following new subsection:

    ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group health insurance coverage and
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan or coverage the following:
    ``(1) Any deductible applicable to such plan or coverage.

    [[Page 2859]]

    ``(2) Any out-of-pocket maximum limitation applicable to
    such plan or coverage.
    ``(3) A telephone number and Internet website address
    through which such individual may seek consumer assistance
    information, such as information related to hospitals and urgent
    care facilities that have in effect a contractual relationship
    with such plan or coverage for furnishing items and services
    under such plan or coverage''.

    (c) Irc.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102(c) and amended by section 103, <>  is further amended by adding at the end the following new
    subsection:

    ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan the following:
    ``(1) Any deductible applicable to such plan.
    ``(2) Any out-of-pocket maximum limitation applicable to
    such plan.
    ``(3) A telephone number and Internet website address
    through which such individual may seek consumer assistance
    information, such as information related to hospitals and urgent
    care facilities that have in effect a contractual relationship
    with such plan for furnishing items and services under such
    plan.''.

    (d) <>  Effective Date.--The amendments
    made by this subsection shall apply with respect to plan years beginning
    on or after January 1, 2022.
    SEC. 108. <>  IMPLEMENTING
    PROTECTIONS AGAINST PROVIDER
    DISCRIMINATION.

    Not <>  later than January 1, 2022, the
    Secretary of Health and Human Services, the Secretary of Labor, and the
    Secretary of the Treasury shall issue a proposed rule implementing the
    protections of section 2706(a) of the Public Health Service Act (42
    U.S.C. 300gg-5(a)). <>  The
    Secretaries shall accept and consider public comments on any proposed
    rule issued pursuant to this subsection for a period of 60 days after
    the date of such issuance. Not later than 6 months after the date of the
    conclusion of the comment period, the Secretaries shall issue a final
    rule implementing the protections of section 2706(a) of the Public
    Health Service Act (42 U.S.C. 300gg-5(a)).
    SEC. 109. REPORTS.

    (a) <>  Reports in
    Consultation With FTC and AG.--Not later than January 1, 2023, and
    annually thereafter for each of the following 4 years, the Secretary of
    Health and Human Services, in consultation with the Federal Trade
    Commission and the Attorney General, shall--
    (1) <>  conduct a study on the effects of the
    provisions of, including amendments made by, this Act on--
    (A) any patterns of vertical or horizontal
    integration of health care facilities, providers, group
    health plans, or health insurance issuers offering group
    or individual health insurance coverage;
    (B) overall health care costs; and

    [[Page 2860]]

    (C) access to health care items and services,
    including specialty services, in rural areas and health
    professional shortage areas, as defined in section 332
    of the Public Health Service Act (42 U.S.C. 254e);
    (2) <>  for purposes of the reports
    under paragraph (3), in consultation with the Secretary of Labor
    and the Secretary of the Treasury, make recommendations for the
    effective enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C)
    of section 2799A-1 of the Public Health Service Act, subsections
    (a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee
    Retirement Income Security Act of 1974, and subsections
    (a)(1)(C)(iv) and (b)(1)(C) of section 9816 of the Internal
    Revenue Code of 1986, including with respect to potential
    challenges to addressing anti-competitive consolidation of
    health care facilities, providers, group health plans, or health
    insurance issuers offering group or individual health insurance
    coverage; and
    (3) submit a report on such study and including such
    recommendations to the Committees on Energy and Commerce; on
    Education and Labor; on Ways and Means; and on the Judiciary of
    the House of Representatives and the Committees on Health,
    Education, Labor, and Pensions; on Commerce, Science, and
    Transportation; on Finance; and on the Judiciary of the Senate.

    (b) GAO Report on Impact of Surprise Billing Provisions.--Not later
    than <> January 1, 2025, the Comptroller
    General of the United States shall submit to Congress a report
    summarizing the effects of the provisions of this Act, including the
    amendments made by such provisions, on changes during the period since
    the date on the enactment of this Act in health care provider networks
    of group health plans and group and individual health insurance coverage
    offered by a health insurance issuer, in fee schedules and amounts for
    health care services, and to contracted rates under such plans or
    coverage. Such report shall--
    (1) to the extent practicable, sample a statistically
    significant group of national health care providers;
    (2) examine--
    (A) provider network participation, including
    nonparticipating providers furnishing items and services
    at participating facilities;
    (B) health care provider group network
    participation, including specialty, size, and ownership;
    (C) the impact of State surprise billing laws and
    network adequacy standards on participation of health
    care providers and facilities in provider networks of
    group health plans and of group and individual health
    insurance coverage offered by health insurance issuers;
    and
    (D) access to providers, including in rural and
    medically underserved communities and health
    professional shortage areas (as defined in section 332
    of the Public Health Service Act), and the extent of
    provider shortages in such communities and areas;
    (3) to the extent practicable, sample a statistically
    significant group of national health insurance plans and issuers
    and examine--
    (A) the effects of the provisions of, including
    amendments made by, this Act on premiums and out-of-
    pocket

    [[Page 2861]]

    costs with respect to group health plans or group or
    individual health insurance coverage;
    (B) the adequacy of provider networks with respect
    to such plans or coverage; and
    (C) categories of providers of ancillary services,
    as defined in section 2799B-2(b)(2) of the Public Health
    Service Act, for which such plans have no or a limited
    number of in-network providers; and
    (4) such other relevant effects of such provisions and
    amendments.

    (c) <>  GAO Report on
    Adequacy of Provider Networks.--Not later than January 1, 2023, the
    Comptroller General of the United States shall submit to Congress, and
    make publicly available, a report on the adequacy of provider networks
    in group health plans and group and individual health insurance
    coverage, including legislative recommendations to improve the adequacy
    of such networks.

    (d) GAO Report on IDR Process and Potential Financial
    Relationships.--Not later than <> December 31, 2023, the
    Comptroller General of the United States shall conduct a study and
    submit to Congress a report on the IDR process established under this
    section. <>  Such study and report shall include an
    analysis of potential financial relationships between providers and
    facilities that utilize the IDR process established by the amendments
    made by this Act and private equity investment firms.
    SEC. 110. <>  CONSUMER PROTECTIONS
    THROUGH APPLICATION OF HEALTH PLAN
    EXTERNAL REVIEW IN CASES OF CERTAIN
    SURPRISE MEDICAL BILLS.

    (a) <>  In
    General.--In applying the provisions of section 2719(b) of the Public
    Health Service Act (42 U.S.C. 300gg-19(b)) to group health plans and
    health insurance issuers offering group or individual health insurance
    coverage, the Secretary of Health and Human Services, Secretary of
    Labor, and Secretary of the Treasury, shall require, beginning not later
    than January 1, 2022, the external review process described in paragraph
    (1) of such section to apply with respect to any adverse determination
    by such a plan or issuer under section 2799A-1 or 2799A-2, section 716
    or 717 of the Employee Retirement Income Security Act of 1974, or
    section 9816 or 9817 of the Internal Revenue Code of 1986, including
    with respect to whether an item or service that is the subject to such a
    determination is an item or service to which such respective section
    applies.

    (b) Definitions.--The terms ``group health plan''; ``health
    insurance issuer''; ``group health insurance coverage'', and
    ``individual health insurance coverage'' have the meanings given such
    terms in section 2791 of the Public Health Service Act (42 U.S.C. 300gg-
    91), section 733 of the Employee Retirement Income Security Act (29
    U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
    applicable.
    SEC. 111. CONSUMER PROTECTIONS THROUGH HEALTH PLAN REQUIREMENT FOR
    FAIR AND HONEST ADVANCE COST ESTIMATE.

    (a) PHSA Amendment.--Section 2799A-1 of the Public Health Service
    Act (42 U.S.C. 300gg-19a), <>  as added by
    section 102 and as further amended by the previous provisions of this
    title, is further amended by adding at the end the following new
    subsection:

    ``(f) Advanced Explanation of Benefits.--

    [[Page 2862]]

    ``(1) <>  In general.--For
    plan years beginning on or after January 1, 2022, each group
    health plan, or a health insurance issuer offering group or
    individual health insurance coverage shall, with respect to a
    notification submitted under section 2799B-6 by a health care
    provider or health care facility to the plan or issuer for a
    participant, beneficiary, or enrollee under plan or coverage
    scheduled to receive an item or service from the provider or
    facility (or authorized representative of such participant,
    beneficiary, or enrollee), not later than 1 business day (or, in
    the case such item or service was so scheduled at least 10
    business days before such item or service is to be furnished (or
    in the case of a request made to such plan or coverage by such
    participant, beneficiary, or enrollee), 3 business days) after
    the date on which the plan or coverage receives such
    notification (or such request), provide to the participant,
    beneficiary, or enrollee (through mail or electronic means, as
    requested by the participant, beneficiary, or enrollee) a
    notification (in clear and understandable language) including
    the following:
    ``(A) Whether or not the provider or facility is a
    participating provider or a participating facility with
    respect to the plan or coverage with respect to the
    furnishing of such item or service and--
    ``(i) in the case the provider or facility is
    a participating provider or facility with respect
    to the plan or coverage with respect to the
    furnishing of such item or service, the contracted
    rate under such plan or coverage for such item or
    service (based on the billing and diagnostic codes
    provided by such provider or facility); and
    ``(ii) in the case the provider or facility is
    a nonparticipating provider or facility with
    respect to such plan or coverage, a description of
    how such individual may obtain information on
    providers and facilities that, with respect to
    such plan or coverage, are participating providers
    and facilities, if any.
    ``(B) The good faith estimate included in the
    notification received from the provider or facility (if
    applicable) based on such codes.
    ``(C) A good faith estimate of the amount the plan
    or coverage is responsible for paying for items and
    services included in the estimate described in
    subparagraph (B).
    ``(D) A good faith estimate of the amount of any
    cost-sharing for which the participant, beneficiary, or
    enrollee would be responsible for such item or service
    (as of the date of such notification).
    ``(E) A good faith estimate of the amount that the
    participant, beneficiary, or enrollee has incurred
    toward meeting the limit of the financial responsibility
    (including with respect to deductibles and out-of-pocket
    maximums) under the plan or coverage (as of the date of
    such notification).
    ``(F) In the case such item or service is subject to
    a medical management technique (including concurrent
    review, prior authorization, and step-therapy or fail-
    first

    [[Page 2863]]

    protocols) for coverage under the plan or coverage, a
    disclaimer that coverage for such item or service is
    subject to such medical management technique.
    ``(G) A disclaimer that the information provided in
    the notification is only an estimate based on the items
    and services reasonably expected, at the time of
    scheduling (or requesting) the item or service, to be
    furnished and is subject to change.
    ``(H) Any other information or disclaimer the plan
    or coverage determines appropriate that is consistent
    with information and disclaimers required under this
    section.
    ``(2) Authority to modify timing requirements in the case of
    specified items and services.--
    ``(A) In general.--In the case of a participant,
    beneficiary, or enrollee scheduled to receive an item or
    service that is a specified item or service (as defined
    in subparagraph (B)), the Secretary may modify any
    timing requirements relating to the provision of the
    notification described in paragraph (1) to such
    participant, beneficiary, or enrollee with respect to
    such item or service. Any modification made by the
    Secretary pursuant to the previous sentence may not
    result in the provision of such notification after such
    participant, beneficiary, or enrollee has been furnished
    such item or service.
    ``(B) Specified item or service defined.--For
    purposes of subparagraph (A), the term `specified item
    or service' means an item or service that has low
    utilization or significant variation in costs (such as
    when furnished as part of a complex treatment), as
    specified by the Secretary.''.

    (b) IRC Amendments.--Section 9816 of the Internal Revenue Code of
    1986, as added by section 102 and further amended by the previous
    provisions of this title, <>  is further amended by
    inserting after subsection (e) the following new subsection:

    ``(f) Advanced Explanation of Benefits.--
    ``(1) <>  In general.--For
    plan years beginning on or after January 1, 2022, each group
    health plan shall, with respect to a notification submitted
    under section 2799B-6 of the Public Health Service Act by a
    health care provider or health care facility to the plan for a
    participant or beneficiary under plan scheduled to receive an
    item or service from the provider or facility (or authorized
    representative of such participant or beneficiary), not later
    than 1 business day (or, in the case such item or service was so
    scheduled at least 10 business days before such item or service
    is to be furnished (or in the case of a request made to such
    plan or coverage by such participant or beneficiary), 3 business
    days) after the date on which the plan receives such
    notification (or such request), provide to the participant or
    beneficiary (through mail or electronic means, as requested by
    the participant or beneficiary) a notification (in clear and
    understandable language) including the following:
    ``(A) Whether or not the provider or facility is a
    participating provider or a participating facility with
    respect to the plan with respect to the furnishing of
    such item or service and--

    [[Page 2864]]

    ``(i) in the case the provider or facility is
    a participating provider or facility with respect
    to the plan or coverage with respect to the
    furnishing of such item or service, the contracted
    rate under such plan for such item or service
    (based on the billing and diagnostic codes
    provided by such provider or facility); and
    ``(ii) in the case the provider or facility is
    a nonparticipating provider or facility with
    respect to such plan, a description of how such
    individual may obtain information on providers and
    facilities that, with respect to such plan, are
    participating providers and facilities, if any.
    ``(B) The good faith estimate included in the
    notification received from the provider or facility (if
    applicable) based on such codes.
    ``(C) A good faith estimate of the amount the plan
    is responsible for paying for items and services
    included in the estimate described in subparagraph (B).
    ``(D) A good faith estimate of the amount of any
    cost-sharing for which the participant or beneficiary
    would be responsible for such item or service (as of the
    date of such notification).
    ``(E) A good faith estimate of the amount that the
    participant or beneficiary has incurred toward meeting
    the limit of the financial responsibility (including
    with respect to deductibles and out-of-pocket maximums)
    under the plan (as of the date of such notification).
    ``(F) In the case such item or service is subject to
    a medical management technique (including concurrent
    review, prior authorization, and step-therapy or fail-
    first protocols) for coverage under the plan, a
    disclaimer that coverage for such item or service is
    subject to such medical management technique.
    ``(G) A disclaimer that the information provided in
    the notification is only an estimate based on the items
    and services reasonably expected, at the time of
    scheduling (or requesting) the item or service, to be
    furnished and is subject to change.
    ``(H) Any other information or disclaimer the plan
    determines appropriate that is consistent with
    information and disclaimers required under this section.
    ``(2) Authority to modify timing requirements in the case of
    specified items and services.--
    ``(A) In general.--In the case of a participant or
    beneficiary scheduled to receive an item or service that
    is a specified item or service (as defined in
    subparagraph (B)), the Secretary may modify any timing
    requirements relating to the provision of the
    notification described in paragraph (1) to such
    participant or beneficiary with respect to such item or
    service. Any modification made by the Secretary pursuant
    to the previous sentence may not result in the provision
    of such notification after such participant or
    beneficiary has been furnished such item or service.
    ``(B) Specified item or service defined.--For
    purposes of subparagraph (A), the term `specified item
    or service' means an item or service that has low
    utilization

    [[Page 2865]]

    or significant variation in costs (such as when
    furnished as part of a complex treatment), as specified
    by the Secretary.''.

    (c) ERISA Amendments.--Section 716 of the Employee Retirement Income
    Security Act of 1974, as added by section 102 and further amended by the
    previous amendments of this title, <>  is further
    amended by adding at the end the following new subsection:

    ``(f) Advanced Explanation of Benefits.--
    ``(1) <>  In general.--For
    plan years beginning on or after January 1, 2022, each group
    health plan, or a health insurance issuer offering group health
    insurance coverage shall, with respect to a notification
    submitted under section 2799B-6 of the Public Health Service Act
    by a health care provider or health care facility to the plan or
    issuer for a participant or beneficiary under plan or coverage
    scheduled to receive an item or service from the provider or
    facility (or authorized representative of such participant or
    beneficiary), not later than 1 business day (or, in the case
    such item or service was so scheduled at least 10 business days
    before such item or service is to be furnished (or in the case
    of a request made to such plan or coverage by such participant
    or beneficiary), 3 business days) after the date on which the
    plan or coverage receives such notification (or such request),
    provide to the participant or beneficiary (through mail or
    electronic means, as requested by the participant or
    beneficiary) a notification (in clear and understandable
    language) including the following:
    ``(A) Whether or not the provider or facility is a
    participating provider or a participating facility with
    respect to the plan or coverage with respect to the
    furnishing of such item or service and--
    ``(i) in the case the provider or facility is
    a participating provider or facility with respect
    to the plan or coverage with respect to the
    furnishing of such item or service, the contracted
    rate under such plan for such item or service
    (based on the billing and diagnostic codes
    provided by such provider or facility); and
    ``(ii) in the case the provider or facility is
    a nonparticipating provider or facility with
    respect to such plan or coverage, a description of
    how such individual may obtain information on
    providers and facilities that, with respect to
    such plan or coverage, are participating providers
    and facilities, if any.
    ``(B) The good faith estimate included in the
    notification received from the provider or facility (if
    applicable) based on such codes.
    ``(C) A good faith estimate of the amount the health
    plan is responsible for paying for items and services
    included in the estimate described in subparagraph (B).
    ``(D) A good faith estimate of the amount of any
    cost-sharing for which the participant or beneficiary
    would be responsible for such item or service (as of the
    date of such notification).
    ``(E) A good faith estimate of the amount that the
    participant or beneficiary has incurred toward meeting
    the limit of the financial responsibility (including
    with respect

    [[Page 2866]]

    to deductibles and out-of-pocket maximums) under the
    plan or coverage (as of the date of such notification).
    ``(F) In the case such item or service is subject to
    a medical management technique (including concurrent
    review, prior authorization, and step-therapy or fail-
    first protocols) for coverage under the plan or
    coverage, a disclaimer that coverage for such item or
    service is subject to such medical management technique.
    ``(G) A disclaimer that the information provided in
    the notification is only an estimate based on the items
    and services reasonably expected, at the time of
    scheduling (or requesting) the item or service, to be
    furnished and is subject to change.
    ``(H) Any other information or disclaimer the plan
    or coverage determines appropriate that is consistent
    with information and disclaimers required under this
    section.
    ``(2) Authority to modify timing requirements in the case of
    specified items and services.--
    ``(A) In general.--In the case of a participant or
    beneficiary scheduled to receive an item or service that
    is a specified item or service (as defined in
    subparagraph (B)), the Secretary may modify any timing
    requirements relating to the provision of the
    notification described in paragraph (1) to such
    participant or beneficiary with respect to such item or
    service. Any modification made by the Secretary pursuant
    to the previous sentence may not result in the provision
    of such notification after such participant or
    beneficiary has been furnished such item or service.
    ``(B) Specified item or service defined.--For
    purposes of subparagraph (A), the term `specified item
    or service' means an item or service that has low
    utilization or significant variation in costs (such as
    when furnished as part of a complex treatment), as
    specified by the Secretary.''.
    SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND PATIENT-
    PROVIDER DISPUTE RESOLUTION.

    Part E of title XXVII of the Public Health Service Act (42 U.S.C.
    300gg et seq.), as added by section 104 and further amended by the
    previous provisions of this title, is further amended by adding at the
    end the following new sections:
    ``SEC. 2799B-6. <>  PROVISION OF
    INFORMATION UPON REQUEST AND FOR
    SCHEDULED APPOINTMENTS.

    ``Each <>  health
    care provider and health care facility shall, beginning January 1, 2022,
    in the case of an individual who schedules an item or service to be
    furnished to such individual by such provider or facility at least 3
    business days before the date such item or service is to be so
    furnished, not later than 1 business day after the date of such
    scheduling (or, in the case of such an item or service scheduled at
    least 10 business days before the date such item or service is to be so
    furnished (or if requested by the individual), not later than 3 business
    days after the date of such scheduling or such request)--
    ``(1) inquire if such individual is enrolled in a group
    health plan, group or individual health insurance coverage
    offered by a health insurance issuer, or a Federal health care
    program (and if is so enrolled in such plan or coverage, seeking
    to

    [[Page 2867]]

    have a claim for such item or service submitted to such plan or
    coverage); and
    ``(2) <>  provide a notification (in
    clear and understandable language) of the good faith estimate of
    the expected charges for furnishing such item or service
    (including any item or service that is reasonably expected to be
    provided in conjunction with such scheduled item or service and
    such an item or service reasonably expected to be so provided by
    another health care provider or health care facility), with the
    expected billing and diagnostic codes for any such item or
    service, to--
    ``(A) in the case the individual is enrolled in such
    a plan or such coverage (and is seeking to have a claim
    for such item or service submitted to such plan or
    coverage), such plan or issuer of such coverage; and
    ``(B) in the case the individual is not described in
    subparagraph (A) and not enrolled in a Federal health
    care program, the individual.
    ``SEC. 2799B-7. <>  PATIENT-PROVIDER
    DISPUTE RESOLUTION.

    ``(a) <>  In General.--Not later than January 1,
    2022, the Secretary shall establish a process (in this subsection
    referred to as the `patient-provider dispute resolution process') under
    which an uninsured individual, with respect to an item or service, who
    received, pursuant to section 2799B-6, from a health care provider or
    health care facility a good-faith estimate of the expected charges for
    furnishing such item or service to such individual and who after being
    furnished such item or service by such provider or facility is billed by
    such provider or facility for such item or service for charges that are
    substantially in excess of such estimate, may seek a determination from
    a selected dispute resolution entity for the charges to be paid by such
    individual (in lieu of such amount so billed) to such provider or
    facility for such item or service. For purposes of this
    subsection, <>  the term `uninsured individual'
    means, with respect to an item or service, an individual who does not
    have benefits for such item or service under a group health plan, group
    or individual health insurance coverage offered by a health insurance
    issuer, Federal health care program (as defined in section 1128B(f) of
    the Social Security Act), or a health benefits plan under chapter 89 of
    title 5, United States Code (or an individual who has benefits for such
    item or service under a group health plan or individual or group health
    insurance coverage offered by a health insurance issuer, but who does
    not seek to have a claim for such item or service submitted to such plan
    or coverage).

    ``(b) Selection of Entities.--Under the patient-provider dispute
    resolution process, the Secretary shall, with respect to a determination
    sought by an individual under subsection (a), with respect to charges to
    be paid by such individual to a health care provider or health care
    facility described in such paragraph for an item or service furnished to
    such individual by such provider or facility, provide for--
    ``(1) a method to select to make such determination an
    entity certified under subsection (d) that--
    ``(A) is not a party to such determination or an
    employee or agent of such party;
    ``(B) does not have a material familial, financial,
    or professional relationship with such a party; and

    [[Page 2868]]

    ``(C) does not otherwise have a conflict of interest
    with such a party (as determined by the Secretary); and
    ``(2) <>  the provision of a
    notification of such selection to the individual and the
    provider or facility (as applicable) party to such
    determination.

    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `selected dispute resolution entity' with respect to
    such determination.
    ``(c) Administrative Fee.--The Secretary shall establish a fee to
    participate in the patient-provider dispute resolution process in such a
    manner as to not create a barrier to an uninsured individual's access to
    such process.
    ``(d) Certification.--The Secretary shall establish or recognize a
    process to certify entities under this subparagraph. Such process shall
    ensure that an entity so certified satisfies at least the criteria
    specified in section 2799A-1(c).''.
    SEC. 113. ENSURING CONTINUITY OF CARE.

    (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in the part D, as
    added and amended by section 102(a) and further amended by the previous
    provisions of this title, by inserting after section 2799A-2 the
    following new section:
    ``SEC. 2799A-3. <>  CONTINUITY OF CARE.

    ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
    ``(1) In general.--In the case of an individual with
    benefits under a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and with
    respect to a health care provider or facility that has a
    contractual relationship with such plan or such issuer (as
    applicable) for furnishing items and services under such plan or
    such coverage, if, while such individual is a continuing care
    patient (as defined in subsection (b)) with respect to such
    provider or facility--
    ``(A) such contractual relationship is terminated
    (as defined in subsection (b));
    ``(B) benefits provided under such plan or such
    health insurance coverage with respect to such provider
    or facility are terminated because of a change in the
    terms of the participation of such provider or facility
    in such plan or coverage; or
    ``(C) a contract between such group health plan and
    a health insurance issuer offering health insurance
    coverage in connection with such plan is terminated,
    resulting in a loss of benefits provided under such plan
    with respect to such provider or facility;
    the plan or issuer, respectively, shall meet the requirements of
    paragraph (2) with respect to such individual.
    ``(2) <>  Requirements.--The
    requirements of this paragraph are that the plan or issuer--
    ``(A) notify each individual enrolled under such
    plan or coverage who is a continuing care patient with
    respect to a provider or facility at the time of a
    termination described in paragraph (1) affecting such
    provider or facility

    [[Page 2869]]

    on a timely basis of such termination and such
    individual's right to elect continued transitional care
    from such provider or facility under this section;
    ``(B) provide such individual with an opportunity to
    notify the plan or issuer of the individual's need for
    transitional care; and
    ``(C) <>
    permit the patient to elect to continue to have benefits
    provided under such plan or such coverage, under the
    same terms and conditions as would have applied and with
    respect to such items and services as would have been
    covered under such plan or coverage had such termination
    not occurred, with respect to the course of treatment
    furnished by such provider or facility relating to such
    individual's status as a continuing care patient during
    the period beginning on the date on which the notice
    under subparagraph (A) is provided and ending on the
    earlier of--
    ``(i) the 90-day period beginning on such
    date; or
    ``(ii) the date on which such individual is no
    longer a continuing care patient with respect to
    such provider or facility.

    ``(b) Definitions.--In this section:
    ``(1) Continuing care patient.--The term `continuing care
    patient' means an individual who, with respect to a provider or
    facility--
    ``(A) is undergoing a course of treatment for a
    serious and complex condition from the provider or
    facility;
    ``(B) is undergoing a course of institutional or
    inpatient care from the provider or facility;
    ``(C) is scheduled to undergo nonelective surgery
    from the provider, including receipt of postoperative
    care from such provider or facility with respect to such
    a surgery;
    ``(D) is pregnant and undergoing a course of
    treatment for the pregnancy from the provider or
    facility; or
    ``(E) is or was determined to be terminally ill (as
    determined under section 1861(dd)(3)(A) of the Social
    Security Act) and is receiving treatment for such
    illness from such provider or facility.
    ``(2) Serious and complex condition.--The term `serious and
    complex condition' means, with respect to a participant,
    beneficiary, or enrollee under a group health plan or group or
    individual health insurance coverage--
    ``(A) in the case of an acute illness, a condition
    that is serious enough to require specialized medical
    treatment to avoid the reasonable possibility of death
    or permanent harm; or
    ``(B) in the case of a chronic illness or condition,
    a condition that is--
    ``(i) is life-threatening, degenerative,
    potentially disabling, or congenital; and
    ``(ii) requires specialized medical care over
    a prolonged period of time.
    ``(3) Terminated.--The term `terminated' includes, with
    respect to a contract, the expiration or nonrenewal of the
    contract, but does not include a termination of the contract for
    failure to meet applicable quality standards or for fraud.''.

    (b) Internal Revenue Code.--

    [[Page 2870]]

    (1) In general.--Subchapter B of chapter 100 of the Internal
    Revenue Code of 1986, as amended by sections 102(c) and
    105(a)(3), is further amended by inserting after section 9817
    the following new section:
    ``SEC. 9818. <>  CONTINUITY OF CARE.

    ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
    ``(1) In general.--In the case of an individual with
    benefits under a group health plan and with respect to a health
    care provider or facility that has a contractual relationship
    with such plan for furnishing items and services under such
    plan, if, while such individual is a continuing care patient (as
    defined in subsection (b)) with respect to such provider or
    facility--
    ``(A) such contractual relationship is terminated
    (as defined in paragraph (b));
    ``(B) benefits provided under such plan with respect
    to such provider or facility are terminated because of a
    change in the terms of the participation of such
    provider or facility in such plan; or
    ``(C) a contract between such group health plan and
    a health insurance issuer offering health insurance
    coverage in connection with such plan is terminated,
    resulting in a loss of benefits provided under such plan
    with respect to such provider or facility;
    the plan shall meet the requirements of paragraph (2) with
    respect to such individual.
    ``(2) <>  Requirements.--The
    requirements of this paragraph are that the plan--
    ``(A) notify each individual enrolled under such
    plan who is a continuing care patient with respect to a
    provider or facility at the time of a termination
    described in paragraph (1) affecting such provider on a
    timely basis of such termination and such individual's
    right to elect continued transitional care from such
    provider or facility under this section;
    ``(B) provide such individual with an opportunity to
    notify the plan of the individual's need for
    transitional care; and
    ``(C) <>
    permit the patient to elect to continue to have benefits
    provided under such plan, under the same terms and
    conditions as would have applied and with respect to
    such items and services as would have been covered under
    such plan had such termination not occurred, with
    respect to the course of treatment furnished by such
    provider or facility relating to such individual's
    status as a continuing care patient during the period
    beginning on the date on which the notice under
    subparagraph (A) is provided and ending on the earlier
    of--
    ``(i) the 90-day period beginning on such
    date; or
    ``(ii) the date on which such individual is no
    longer a continuing care patient with respect to
    such provider or facility.

    ``(b) Definitions.--In this section:

    [[Page 2871]]

    ``(1) Continuing care patient.--The term `continuing care
    patient' means an individual who, with respect to a provider or
    facility--
    ``(A) is undergoing a course of treatment for a
    serious and complex condition from the provider or
    facility;
    ``(B) is undergoing a course of institutional or
    inpatient care from the provider or facility;
    ``(C) is scheduled to undergo nonelective surgery
    from the provider or facility, including receipt of
    postoperative care from such provider or facility with
    respect to such a surgery;
    ``(D) is pregnant and undergoing a course of
    treatment for the pregnancy from the provider or
    facility; or
    ``(E) is or was determined to be terminally ill (as
    determined under section 1861(dd)(3)(A) of the Social
    Security Act) and is receiving treatment for such
    illness from such provider or facility.
    ``(2) Serious and complex condition.--The term `serious and
    complex condition' means, with respect to a participant or
    beneficiary under a group health plan--
    ``(A) in the case of an acute illness, a condition
    that is serious enough to require specialized medical
    treatment to avoid the reasonable possibility of death
    or permanent harm; or
    ``(B) in the case of a chronic illness or condition,
    a condition that--
    ``(i) is life-threatening, degenerative,
    potentially disabling, or congenital; and
    ``(ii) requires specialized medical care over
    a prolonged period of time.
    ``(3) Terminated.--The term `terminated' includes, with
    respect to a contract, the expiration or nonrenewal of the
    contract, but does not include a termination of the contract for
    failure to meet applicable quality standards or for fraud.''.
    (2) Clerical amendment.--The table of sections for such
    subchapter, as amended by the previous sections, <>  is further amended by inserting after the
    item relating to section 9817 the following new item:

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

    (c) Employee Retirement Income Security Act.--
    (1) In general.--Subpart B of part 7 of subtitle B of title
    I of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1185 et seq.), as amended by section 102(c) and further
    amended by the previous provisions of this title, is further
    amended by inserting after section 717 the following new
    section:
    ``SEC. 718. <>  CONTINUITY OF CARE.

    ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
    ``(1) In general.--In the case of an individual with
    benefits under a group health plan or group health insurance
    coverage offered by a health insurance issuer and with respect
    to a health care provider or facility that has a contractual
    relationship with such plan or such issuer (as applicable) for
    furnishing

    [[Page 2872]]

    items and services under such plan or such coverage, if, while
    such individual is a continuing care patient (as defined in
    subsection (b)) with respect to such provider or facility--
    ``(A) such contractual relationship is terminated
    (as defined in paragraph (b));
    ``(B) benefits provided under such plan or such
    health insurance coverage with respect to such provider
    or facility are terminated because of a change in the
    terms of the participation of the provider or facility
    in such plan or coverage; or
    ``(C) a contract between such group health plan and
    a health insurance issuer offering health insurance
    coverage in connection with such plan is terminated,
    resulting in a loss of benefits provided under such plan
    with respect to such provider or facility;
    the plan or issuer, respectively, shall meet the requirements of
    paragraph (2) with respect to such individual.
    ``(2) <>  Requirements.--The
    requirements of this paragraph are that the plan or issuer--
    ``(A) notify each individual enrolled under such
    plan or coverage who is a continuing care patient with
    respect to a provider or facility at the time of a
    termination described in paragraph (1) affecting such
    provider or facility on a timely basis of such
    termination and such individual's right to elect
    continued transitional care from such provider or
    facility under this section;
    ``(B) provide such individual with an opportunity to
    notify the plan or issuer of the individual's need for
    transitional care; and
    ``(C) <>
    permit the patient to elect to continue to have benefits
    provided under such plan or such coverage, under the
    same terms and conditions as would have applied and with
    respect to such items and services as would have been
    covered under such plan or coverage had such termination
    not occurred, with respect to the course of treatment
    furnished by such provider or facility relating to such
    individual's status as a continuing care patient during
    the period beginning on the date on which the notice
    under subparagraph (A) is provided and ending on the
    earlier of--
    ``(i) the 90-day period beginning on such
    date; or
    ``(ii) the date on which such individual is no
    longer a continuing care patient with respect to
    such provider or facility.

    ``(b) Definitions.--In this section:
    ``(1) Continuing care patient.--The term `continuing care
    patient' means an individual who, with respect to a provider or
    facility--
    ``(A) is undergoing a course of treatment for a
    serious and complex condition from the provider or
    facility;
    ``(B) is undergoing a course of institutional or
    inpatient care from the provider or facility;
    ``(C) is scheduled to undergo nonelective surgery
    from the provide or facility, including receipt of
    postoperative care from such provider or facility with
    respect to such a surgery;

    [[Page 2873]]

    ``(D) is pregnant and undergoing a course of
    treatment for the pregnancy from the provider or
    facility; or
    ``(E) is or was determined to be terminally ill (as
    determined under section 1861(dd)(3)(A) of the Social
    Security Act) and is receiving treatment for such
    illness from such provider or facility.
    ``(2) Serious and complex condition.--The term `serious and
    complex condition' means, with respect to a participant or
    beneficiary under a group health plan or group health insurance
    coverage--
    ``(A) in the case of an acute illness, a condition
    that is serious enough to require specialized medical
    treatment to avoid the reasonable possibility of death
    or permanent harm; or
    ``(B) in the case of a chronic illness or condition,
    a condition that--
    ``(i) is life-threatening, degenerative,
    potentially disabling, or congenital; and
    ``(ii) requires specialized medical care over
    a prolonged period of time.
    ``(3) Terminated.--The term `terminated' includes, with
    respect to a contract, the expiration or nonrenewal of the
    contract, but does not include a termination of the contract for
    failure to meet applicable quality standards or for fraud.''.
    (2) Clerical amendment.--The table of contents in section 1
    of the Employee Retirement Income Security Act of 1974 is
    amended by inserting after the item relating to section 716 the
    following new item:

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

    (d) Provider Requirement.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and further amended by the previous provisions of this title, is further
    amended by adding at the end the following new section:
    ``SEC. 2799B-8. <>  CONTINUITY OF CARE.

    ``A health care provider or health care facility shall, in the case
    of an individual furnished items and services by such provider or
    facility for which coverage is provided under a group health plan or
    group or individual health insurance coverage pursuant to section 2799A-
    3, section 9818 of the Internal Revenue Code of 1986, or section 718 of
    the Employee Retirement Income Security Act of 1974--
    ``(1) accept payment from such plan or such issuer (as
    applicable) (and cost-sharing from such individual, if
    applicable, in accordance with subsection (a)(2)(C) of such
    section 2799A-3, 9818, or 718) for such items and services as
    payment in full for such items and services; and
    ``(2) continue to adhere to all policies, procedures, and
    quality standards imposed by such plan or issuer with respect to
    such individual and such items and services in the same manner
    as if such termination had not occurred.''.

    (e) <>  Effective Date.--The amendments
    made by subsections (a), (b), and (c) shall apply with respect to plan
    years beginning on or after January 1, 2022.

    [[Page 2874]]

    SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.

    (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in part D, as added
    and amended by section 102 and further amended by the previous
    provisions of this title, by inserting after section 2799A-3 the
    following new section:
    ``SEC. 2799A-4. <>
    MAINTENANCE OF PRICE COMPARISON
    TOOL.

    ``A group health plan or a health insurance issuer offering group or
    individual health insurance coverage shall offer price comparison
    guidance by telephone and make available on the Internet website of the
    plan or issuer a price comparison tool that (to the extent practicable)
    allows an individual enrolled under such plan or coverage, with respect
    to such plan year, such geographic region, and participating providers
    with respect to such plan or coverage, to compare the amount of cost-
    sharing that the individual would be responsible for paying under such
    plan or coverage with respect to the furnishing of a specific item or
    service by any such provider.''.
    (b) Internal Revenue Code.--
    (1) In general.--Subchapter B of chapter 100 of the Internal
    Revenue Code of 1986, as amended by sections 102, 105, and 113,
    is further amended by inserting after section 9818 the following
    new section:
    ``SEC. 9819. <>  MAINTENANCE OF PRICE
    COMPARISON TOOL.

    ``A <>  group health plan shall offer price
    comparison guidance by telephone and make available on the Internet
    website of the plan or issuer a price comparison tool that (to the
    extent practicable) allows an individual enrolled under such plan, with
    respect to such plan year, such geographic region, and participating
    providers with respect to such plan or coverage, to compare the amount
    of cost-sharing that the individual would be responsible for paying
    under such plan with respect to the furnishing of a specific item or
    service by any such provider.''.
    (2) Clerical amendment.--The table of sections for such
    subchapter, as amended by the previous sections, <>  is further amended by inserting after the
    item relating to section 9818 the following new item:

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

    (c) Employee Retirement Income Security Act.--
    (1) In general.--Subpart B of part 7 of subtitle B of title
    I of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1185 et seq.), as amended by sections 102, 105, and 113,
    is further amended by inserting after section 718 the following
    new section:
    ``SEC. 719. <>  MAINTENANCE OF PRICE
    COMPARISON TOOL.

    ``A <>  group health plan or a health insurance
    issuer offering group health insurance coverage shall offer price
    comparison guidance by telephone and make available on the Internet
    website of the plan or issuer a price comparison tool that (to the
    extent practicable) allows an individual enrolled under such plan or
    coverage, with respect to such plan year, such geographic region, and
    participating providers with respect to such plan or coverage, to
    compare the amount of cost-sharing that the individual would

    [[Page 2875]]

    be responsible for paying under such plan or coverage with respect to
    the furnishing of a specific item or service by any such provider.''.
    (2) Clerical amendment.--The table of contents in section 1
    of the Employee Retirement Income Security Act of 1974, as
    amended by the previous provisions of this title, is further
    amended by inserting after the item relating to section 716 the
    following new item:

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

    (d) <>  Effective Date.--The amendments
    made by this section shall apply with respect to plan years beginning on
    or after January 1, 2022.
    SEC. 115. STATE ALL PAYER CLAIMS DATABASES.

    (a) Grants to States.--Part B of title III of the Public Health
    Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the
    following:
    ``SEC. 320B. <>  STATE ALL PAYER
    CLAIMS DATABASES.

    ``(a) In General.--The Secretary shall make one-time grants to
    eligible States for the purposes described in subsection (b).
    ``(b) Uses.--A State may use a grant received under subsection (a)
    for one of the following purposes:
    ``(1) To establish a State All Payer Claims Database.
    ``(2) To improve an existing State All Payer Claims
    Databases.

    ``(c) Eligibility.--To be eligible to receive a grant under
    subsection (a), a State shall submit to the Secretary an application at
    such time, in such manner, and containing such information as the
    Secretary specifies, including, with respect to a State All Payer Claims
    Database, at least specifics on how the State will ensure uniform data
    collection and the privacy and security of such data.
    ``(d) Grant Period and Amount.--Grants awarded under this section
    shall be for a period of 3-years, and in an amount of $2,500,000, of
    which $1,000,000 shall be made available to the State for each of the
    first 2 years of the grant period, and $500,000 shall be made available
    to the State for the third year of the grant period.
    ``(e) Authorized Users.--
    ``(1) Application.--An entity desiring authorization for
    access to a State All Payer Claims Database that has received a
    grant under this section shall submit to the State All Payer
    Claims Database an application for such access, which shall
    include--
    ``(A) in the case of an entity requesting access for
    research purposes--
    ``(i) a description of the uses and
    methodologies for evaluating health system
    performance using such data; and
    ``(ii) documentation of approval of the
    research by an institutional review board, if
    applicable for a particular plan of research; or
    ``(B) in the case of an entity such as an employer,
    health insurance issuer, third-party administrator, or
    health care provider, requesting access for the purpose

    [[Page 2876]]

    of quality improvement or cost-containment, a
    description of the intended uses for such data.
    ``(2) Requirements.--
    ``(A) Access for research purposes.--Upon approval
    of an application for research purposes under paragraph
    (1)(A), the authorized user shall enter into a data use
    and confidentiality agreement with the State All Payer
    Claims Database that has received a grant under this
    subsection, which shall include a prohibition on
    attempts to reidentify and disclose individually
    identifiable health information and proprietary
    financial information.
    ``(B) Customized reports.--Employers and employer
    organizations may request customized reports from a
    State All Payer Claims Database that has received a
    grant under this section, at cost, subject to the
    requirements of this section with respect to privacy,
    security, and proprietary financial information.
    ``(C) Non-customized reports.--A State All Payer
    Claims Database that has received a grant under this
    section shall make available to all authorized users
    aggregate data sets available through the State All
    Payer Claims Database, free of charge.
    ``(3) Waivers.--The Secretary may waive the requirements of
    this subsection of a State All Payer Claims Database to provide
    access of entities to such database if such State All Payer
    Claims Database is substantially in compliance with this
    subsection.

    ``(f) Expanded Access.--
    ``(1) Multi-state applications.--The Secretary may
    prioritize applications submitted by a State whose application
    demonstrates that the State will work with other State All Payer
    Claims Databases to establish a single application for access to
    data by authorized users across multiple States.
    ``(2) Expansion of data sets.--The Secretary may prioritize
    applications submitted by a State whose application demonstrates
    that the State will implement the reporting format for self-
    insured group health plans described in section 735 of the
    Employee Retirement Income Security Act of 1974.

    ``(g) Definitions.--In this section--
    ``(1) the term `individually identifiable health
    information' has the meaning given such term in section 1171(6)
    of the Social Security Act;
    ``(2) the term `proprietary financial information' means
    data that would disclose the terms of a specific contract
    between an individual health care provider or facility and a
    specific group health plan, managed care entity (as defined in
    section 1932(a)(1)(B) of the Social Security Act) or other
    managed care organization, or health insurance issuer offering
    group or individual health insurance coverage; and
    ``(3) the term `State All Payer Claims Database' means, with
    respect to a State, a database that may include medical claims,
    pharmacy claims, dental claims, and eligibility and provider
    files, which are collected from private and public payers.

    ``(h) Authorization of Appropriations.--To carry out this section,
    there is authorized to be appropriated $50,000,000 for each

    [[Page 2877]]

    of fiscal years 2022 and 2023, and $25,000,000 for fiscal year 2024, to
    remain available until expended.''.
    (b) Standardized Reporting Format.--
    Subpart C of part 7 of subtitle B of title I of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1191 et seq.)
    is amended by adding at the end the following:
    ``SEC. 735. <>  STANDARDIZED REPORTING
    FORMAT.

    ``(a) <>  In General.--Not later than 1
    year after the date of enactment of this section, the Secretary shall
    establish (and periodically update) a standardized reporting format for
    the voluntary reporting, by group health plans to State All Payer Claims
    Databases, of medical claims, pharmacy claims, dental claims, and
    eligibility and provider files that are collected from private and
    public payers, and shall provide guidance to States on the process by
    which States may collect such data from such plans in the standardized
    reporting format.

    ``(b) <>  Consultation.--
    ``(1) Advisory committee.--Not later than 90 days after the
    date of enactment of this section, the Secretary shall convene
    an Advisory Committee (referred to in this section as the
    `Committee'), consisting of 15 members to advise the Secretary
    regarding the format and guidance described in paragraph (1).
    ``(2) Membership.--
    ``(A) <>  Appointment.--In
    accordance with subparagraph (B), not later than 90 days
    after the date of enactment this section, the Secretary,
    in coordination with the Secretary of Health and Human
    Services, shall appoint under subparagraph (B)(iii), and
    the Comptroller General of the United States shall
    appoint under subparagraph (B)(iv), members who have
    distinguished themselves in the fields of health
    services research, health economics, health informatics,
    data privacy and security, or the governance of State
    All Payer Claims Databases, or who represent
    organizations likely to submit data to or use the
    database, including patients, employers, or employee
    organizations that sponsor group health plans, health
    care providers, health insurance issuers, or third-party
    administrators of group health plans. <>  Such members shall serve 3-year terms on a
    staggered basis. Vacancies on the Committee shall be
    filled by appointment consistent with this paragraph not
    later than 3 months after the vacancy arises.
    ``(B) Composition.--The Committee shall be comprised
    of--
    ``(i) the Assistant Secretary of Employee
    Benefits and Security Administration of the
    Department of Labor, or a designee of such
    Assistant Secretary;
    ``(ii) the Assistant Secretary for Planning
    and Evaluation of the Department of Health and
    Human Services, or a designee of such Assistant
    Secretary;
    ``(iii) members appointed by the Secretary, in
    coordination with the Secretary of Health and
    Human Services, including--
    ``(I) 1 member to serve as the chair
    of the Committee;

    [[Page 2878]]

    ``(II) 1 representative of the
    Centers for Medicare & Medicaid
    Services;
    ``(III) 1 representative of the
    Agency for Healthcare Research and
    Quality;
    ``(IV) 1 representative of the
    Office for Civil Rights of the
    Department of Health and Human Services
    with expertise in data privacy and
    security;
    ``(V) 1 representative of the
    National Center for Health Statistics;
    ``(VI) 1 representative of the
    Office of the National Coordinator for
    Health Information Technology; and
    ``(VII) 1 representative of a State
    All-Payer Claims Database;
    ``(iv) members appointed by the Comptroller
    General of the United States, including--
    ``(I) 1 representative of an
    employer that sponsors a group health
    plan;
    ``(II) 1 representative of an
    employee organization that sponsors a
    group health plan;
    ``(III) 1 academic researcher with
    expertise in health economics or health
    services research;
    ``(IV) 1 consumer advocate; and
    ``(V) 2 additional members.
    ``(3) Report.--Not later than 180 days after the date of
    enactment of this section, the Committee shall report to the
    Secretary, the Committee on Health, Education, Labor, and
    Pensions of the Senate, and the Committee on Energy and Commerce
    and the Committee on Education and Labor of the House of
    Representatives. <>  Such report shall
    include recommendations on the establishment of the format and
    guidance described in subsection (a).

    ``(c) <>  State All Payer Claims Database.--In
    this section, the term `State All Payer Claims Database' means, with
    respect to a State, a database that may include medical claims, pharmacy
    claims, dental claims, and eligibility and provider files, which are
    collected from private and public payers.

    ``(d) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $5,000,000 for fiscal year 2021,
    to remain available until expended or, if sooner, until the date
    described in subsection (e).
    ``(e) Sunset.--Beginning on the date on which the report is
    submitted under subsection (b)(3), subsection (b) shall have no force or
    effect.''.
    SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
    PROVIDER DIRECTORY INFORMATION.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by section 102 and
    further amended by the previous provisions of this title, is further
    amended by inserting after section 2799A-4 the following:
    ``SEC. 2799A-5. <>  PROTECTING PATIENTS
    AND IMPROVING THE ACCURACY OF
    PROVIDER DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, each group health plan
    and health insurance

    [[Page 2879]]

    issuer offering group or individual health insurance coverage
    shall--
    ``(A) establish the verification process described
    in paragraph (2);
    ``(B) establish the response protocol described in
    paragraph (3);
    ``(C) establish the database described in paragraph
    (4); and
    ``(D) include in any directory (other than the
    database described in subparagraph (C)) containing
    provider directory information with respect to such plan
    or such coverage the information described in paragraph
    (5).
    ``(2) <>  Verification process.--The
    verification process described in this paragraph is, with
    respect to a group health plan or a health insurance issuer
    offering group or individual health insurance coverage, a
    process--
    ``(A) <>  under which, not less
    frequently than once every 90 days, such plan or such
    issuer (as applicable) verifies and updates the provider
    directory information included on the database described
    in paragraph (4) of such plan or issuer of each health
    care provider and health care facility included in such
    database;
    ``(B) <>  that establishes a
    procedure for the removal of such a provider or facility
    with respect to which such plan or issuer has been
    unable to verify such information during a period
    specified by the plan or issuer; and
    ``(C) <>  that provides for the
    update of such database within 2 business days of such
    plan or issuer receiving from such a provider or
    facility information pursuant to section 2799B-9.
    ``(3) Response protocol.--The response protocol described in
    this paragraph is, in the case of an individual enrolled under a
    group health plan or group or individual health insurance
    coverage offered by a health insurance issuer who requests
    information through a telephone call or electronic, web-based,
    or Internet-based means on whether a health care provider or
    health care facility has a contractual relationship to furnish
    items and services under such plan or such coverage, a protocol
    under which such plan or such issuer (as applicable), in the
    case such request is made through a telephone call--
    ``(A) <>  responds to such
    individual as soon as practicable and in no case later
    than 1 business day after such call is received, through
    a written electronic or print (as requested by such
    individual) communication; and
    ``(B) <>  retains such
    communication in such individual's file for at least 2
    years following such response.
    ``(4) Database.--The database described in this paragraph
    is, with respect to a group health plan or health insurance
    issuer offering group or individual health insurance coverage, a
    database on the public website of such plan or issuer that
    contains--
    ``(A) <>  a list of each health care
    provider and health care facility with which such plan
    or such issuer has a direct or indirect contractual
    relationship for furnishing items and services under
    such plan or such coverage; and
    ``(B) provider directory information with respect to
    each such provider and facility.

    [[Page 2880]]

    ``(5) Information.--The information described in this
    paragraph is, with respect to a print directory containing
    provider directory information with respect to a group health
    plan or individual or group health insurance coverage offered by
    a health insurance issuer, a notification that such information
    contained in such directory was accurate as of the date of
    publication of such directory and that an individual enrolled
    under such plan or such coverage should consult the database
    described in paragraph (4) with respect to such plan or such
    coverage or contact such plan or the issuer of such coverage to
    obtain the most current provider directory information with
    respect to such plan or such coverage.
    ``(6) Definition.--For purposes of this subsection, the term
    `provider directory information' includes, with respect to a
    group health plan and a health insurance issuer offering group
    or individual health insurance coverage, the name, address,
    specialty, telephone number, and digital contact information of
    each health care provider or health care facility with which
    such plan or such issuer has a contractual relationship for
    furnishing items and services under such plan or such coverage.
    ``(7) Rule of construction.--Nothing in this section shall
    be construed to preempt any provision of State law relating to
    health care provider directories.

    ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, in the case of an item or
    service furnished to a participant, beneficiary, or enrollee of
    a group health plan or group or individual health insurance
    coverage offered by a health insurance issuer by a
    nonparticipating provider or a nonparticipating facility, if
    such item or service would otherwise be covered under such plan
    or coverage if furnished by a participating provider or
    participating facility and if either of the criteria described
    in paragraph (2) applies with respect to such participant,
    beneficiary, or enrollee and item or service, the plan or
    coverage--
    ``(A) shall not impose on such participant,
    beneficiary, or enrollee a cost-sharing amount for such
    item or service so furnished that is greater than the
    cost-sharing amount that would apply under such plan or
    coverage had such item or service been furnished by a
    participating provider; and
    ``(B) <>  shall apply the
    deductible or out-of-pocket maximum, if any, that would
    apply if such services were furnished by a participating
    provider or a participating facility.
    ``(2) Criteria described.--For purposes of paragraph (1),
    the criteria described in this paragraph, with respect to an
    item or service furnished to a participant, beneficiary, or
    enrollee of a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer by a
    nonparticipating provider or a nonparticipating facility, are
    the following:
    ``(A) The participant, beneficiary, or enrollee
    received through a database, provider directory, or
    response protocol described in subsection (a)
    information with respect to such item and service to be
    furnished and such information

    [[Page 2881]]

    provided that the provider was a participating provider
    or facility was a participating facility, with respect
    to the plan for furnishing such item or service.
    ``(B) The information was not provided, in
    accordance with subsection (a), to the participant,
    beneficiary, or enrollee and the participant,
    beneficiary, or enrollee requested through the response
    protocol described in subsection (a)(3) of the plan or
    coverage information on whether the provider was a
    participating provider or facility was a participating
    facility with respect to the plan for furnishing such
    item or service and was informed through such protocol
    that the provider was such a participating provider or
    facility was such a participating facility.

    ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years <> beginning on or after January 1, 2022, each
    group health plan and health insurance issuer offering group or
    individual health insurance coverage shall make publicly available, post
    on a public website of such plan or issuer, and include on each
    explanation of benefits for an item or service with respect to which the
    requirements under section 2799A-1 applies--
    ``(1) <>  information in plain language
    on--
    ``(A) the requirements and prohibitions applied
    under sections 2799B-1 and 2799B-2 (relating to
    prohibitions on balance billing in certain
    circumstances);
    ``(B) if provided for under applicable State law,
    any other requirements on providers and facilities
    regarding the amounts such providers and facilities may,
    with respect to an item or service, charge a
    participant, beneficiary, or enrollee of such plan or
    coverage with respect to which such a provider or
    facility does not have a contractual relationship for
    furnishing such item or service under the plan or
    coverage after receiving payment from the plan or
    coverage for such item or service and any applicable
    cost sharing payment from such participant, beneficiary,
    or enrollee; and
    ``(C) the requirements applied under section 2799A-
    1; and
    ``(2) information on contacting appropriate State and
    Federal agencies in the case that an individual believes that
    such a provider or facility has violated any requirement
    described in paragraph (1) with respect to such individual.''.

    (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by sections 102, 105, 113, and 114, is further amended
    by inserting after section 719 the following:
    ``SEC. 720. <>  PROTECTING PATIENTS AND
    IMPROVING THE ACCURACY OF PROVIDER
    DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, each group health plan
    and health insurance issuer offering group health insurance
    coverage shall--
    ``(A) establish the verification process described
    in paragraph (2);
    ``(B) establish the response protocol described in
    paragraph (3);

    [[Page 2882]]

    ``(C) establish the database described in paragraph
    (4); and
    ``(D) include in any directory (other than the
    database described in subparagraph (C)) containing
    provider directory information with respect to such plan
    or such coverage the information described in paragraph
    (5).
    ``(2) <>  Verification process.--The
    verification process described in this paragraph is, with
    respect to a group health plan or a health insurance issuer
    offering group health insurance coverage, a process--
    ``(A) <>  under which, not less
    frequently than once every 90 days, such plan or such
    issuer (as applicable) verifies and updates the provider
    directory information included on the database described
    in paragraph (4) of such plan or issuer of each health
    care provider and health care facility included in such
    database;
    ``(B) <>  that establishes a
    procedure for the removal of such a provider or facility
    with respect to which such plan or issuer has been
    unable to verify such information during a period
    specified by the plan or issuer; and
    ``(C) <>  that provides for the
    update of such database within 2 business days of such
    plan or issuer receiving from such a provider or
    facility information pursuant to section 2799B-9 of the
    Public Health Service Act.
    ``(3) Response protocol.--The response protocol described in
    this paragraph is, in the case of an individual enrolled under a
    group health plan or group health insurance coverage offered by
    a health insurance issuer who requests information through a
    telephone call or electronic, web-based, or Internet-based means
    on whether a health care provider or health care facility has a
    contractual relationship to furnish items and services under
    such plan or such coverage, a protocol under which such plan or
    such issuer (as applicable), in the case such request is made
    through a telephone call--
    ``(A) <>  responds to such
    individual as soon as practicable and in no case later
    than 1 business day after such call is received, through
    a written electronic or print (as requested by such
    individual) communication; and
    ``(B) <>  retains such
    communication in such individual's file for at least 2
    years following such response.
    ``(4) Database.--The database described in this paragraph
    is, with respect to a group health plan or health insurance
    issuer offering group health insurance coverage, a database on
    the public website of such plan or issuer that contains--
    ``(A) <>  a list of each health care
    provider and health care facility with which such plan
    or such issuer has a direct or indirect contractual
    relationship for furnishing items and services under
    such plan or such coverage; and
    ``(B) provider directory information with respect to
    each such provider and facility.
    ``(5) Information.--The information described in this
    paragraph is, with respect to a print directory containing
    provider directory information with respect to a group health
    plan or group health insurance coverage offered by a health
    insurance issuer, a notification that such information contained
    in such directory was accurate as of the date of publication of
    such directory and that an individual enrolled under such plan
    or

    [[Page 2883]]

    such coverage should consult the database described in paragraph
    (4) with respect to such plan or such coverage or contact such
    plan or the issuer of such coverage to obtain the most current
    provider directory information with respect to such plan or such
    coverage.
    ``(6) Definition.--For purposes of this subsection, the term
    `provider directory information' includes, with respect to a
    group health plan and a health insurance issuer offering group
    health insurance coverage, the name, address, specialty,
    telephone number, and digital contact information of each health
    care provider or health care facility with which such plan or
    such issuer has a contractual relationship for furnishing items
    and services under such plan or such coverage.
    ``(7) Rule of construction.--Nothing in this section shall
    be construed to preempt any provision of State law relating to
    health care provider directories, to the extent such State law
    applies to such plan, coverage, or issuer, subject to section
    514.

    ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, in the case of an item or
    service furnished to a participant or beneficiary of a group
    health plan or group health insurance coverage offered by a
    health insurance issuer by a nonparticipating provider or a
    nonparticipating facility, if such item or service would
    otherwise be covered under such plan or coverage if furnished by
    a participating provider or participating facility and if either
    of the criteria described in paragraph (2) applies with respect
    to such participant or beneficiary and item or service, the plan
    or coverage--
    ``(A) shall not impose on such participant or
    beneficiary a cost-sharing amount for such item or
    service so furnished that is greater than the cost-
    sharing amount that would apply under such plan or
    coverage had such item or service been furnished by a
    participating provider; and
    ``(B) <>  shall apply the
    deductible or out-of-pocket maximum, if any, that would
    apply if such services were furnished by a participating
    provider or a participating facility.
    ``(2) Criteria described.--For purposes of paragraph (1),
    the criteria described in this paragraph, with respect to an
    item or service furnished to a participant or beneficiary of a
    group health plan or group health insurance coverage offered by
    a health insurance issuer by a nonparticipating provider or a
    nonparticipating facility, are the following:
    ``(A) The participant or beneficiary received
    through a database, provider directory, or response
    protocol described in subsection (a) information with
    respect to such item and service to be furnished and
    such information provided that the provider was a
    participating provider or facility was a participating
    facility, with respect to the plan for furnishing such
    item or service.
    ``(B) The information was not provided, in
    accordance with subsection (a), to the participant or
    beneficiary and the participant or beneficiary requested
    through the response protocol described in subsection
    (a)(3) of the plan or coverage information on whether
    the provider was a

    [[Page 2884]]

    participating provider or facility was a participating
    facility with respect to the plan for furnishing such
    item or service and was informed through such protocol
    that the provider was such a participating provider or
    facility was such a participating facility.

    ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years <> beginning on or after January 1, 2022, each
    group health plan and health insurance issuer offering group health
    insurance coverage shall make publicly available, post on a public
    website of such plan or issuer, and include on each explanation of
    benefits for an item or service with respect to which the requirements
    under section 716 applies--
    ``(1) information in plain language on--
    ``(A) <>  the requirements and
    prohibitions applied under sections 2799B-1 and 2799B-2
    of the Public Health Service Act (relating to
    prohibitions on balance billing in certain
    circumstances);
    ``(B) if provided for under applicable State law,
    any other requirements on providers and facilities
    regarding the amounts such providers and facilities may,
    with respect to an item or service, charge a participant
    or beneficiary of such plan or coverage with respect to
    which such a provider or facility does not have a
    contractual relationship for furnishing such item or
    service under the plan or coverage after receiving
    payment from the plan or coverage for such item or
    service and any applicable cost sharing payment from
    such participant or beneficiary; and
    ``(C) the requirements applied under section 716;
    and
    ``(2) information on contacting appropriate State and
    Federal agencies in the case that an individual believes that
    such a provider or facility has violated any requirement
    described in paragraph (1) with respect to such individual.''.

    (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by sections 102, 105, 113, and 114, is further
    amended by inserting after section 9819 the following:
    ``SEC. 9820. <>  PROTECTING PATIENTS AND
    IMPROVING THE ACCURACY OF PROVIDER
    DIRECTORY INFORMATION.

    ``(a) Provider Directory Information Requirements.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, each group health plan
    shall--
    ``(A) establish the verification process described
    in paragraph (2);
    ``(B) establish the response protocol described in
    paragraph (3);
    ``(C) establish the database described in paragraph
    (4); and
    ``(D) include in any directory (other than the
    database described in subparagraph (C)) containing
    provider directory information with respect to such plan
    the information described in paragraph (5).
    ``(2) <>  Verification process.--The
    verification process described in this paragraph is, with
    respect to a group health plan, a process--
    ``(A) <>  under which, not less
    frequently than once every 90 days, such plan verifies
    and updates the provider directory information included
    on the database described in

    [[Page 2885]]

    paragraph (4) of such plan or issuer of each health care
    provider and health care facility included in such
    database;
    ``(B) <>  that establishes a
    procedure for the removal of such a provider or facility
    with respect to which such plan or issuer has been
    unable to verify such information during a period
    specified by the plan or issuer; and
    ``(C) <>  that provides for the
    update of such database within 2 business days of such
    plan or issuer receiving from such a provider or
    facility information pursuant to section 2799B-9 of the
    Public Health Service Act.
    ``(3) Response protocol.--The response protocol described in
    this paragraph is, in the case of an individual enrolled under a
    group health plan who requests information through a telephone
    call or electronic, web-based, or Internet-based means on
    whether a health care provider or health care facility has a
    contractual relationship to furnish items and services under
    such plan, a protocol under which such plan or such issuer (as
    applicable), in the case such request is made through a
    telephone call--
    ``(A) <>  responds to such
    individual as soon as practicable and in no case later
    than 1 business day after such call is received, through
    a written electronic or print (as requested by such
    individual) communication; and
    ``(B) <>  retains such
    communication in such individual's file for at least 2
    years following such response.
    ``(4) Database.--The database described in this paragraph
    is, with respect to a group health plan, a database on the
    public website of such plan or issuer that contains--
    ``(A) <>  a list of each health care
    provider and health care facility with which such plan
    or such issuer has a direct or indirect contractual
    relationship for furnishing items and services under
    such plan; and
    ``(B) provider directory information with respect to
    each such provider and facility.
    ``(5) Information.--The information described in this
    paragraph is, with respect to a print directory containing
    provider directory information with respect to a group health
    plan, a notification that such information contained in such
    directory was accurate as of the date of publication of such
    directory and that an individual enrolled under such plan should
    consult the database described in paragraph (4) with respect to
    such plan or contact such plan to obtain the most current
    provider directory information with respect to such plan.
    ``(6) Definition.--For purposes of this subsection, the term
    `provider directory information' includes, with respect to a
    group health plan, the name, address, specialty, telephone
    number, and digital contact information of each health care
    provider or health care facility with which such plan has a
    contractual relationship for furnishing items and services under
    such plan.
    ``(7) Rule of construction.--Nothing in this section shall
    be construed to preempt any provision of State law relating to
    health care provider directories.

    ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
    ``(1) <>  In general.--For plan years
    beginning on or after January 1, 2022, in the case of an item or
    service furnished to a participant or beneficiary of a group
    health plan by a

    [[Page 2886]]

    nonparticipating provider or a nonparticipating facility, if
    such item or service would otherwise be covered under such plan
    if furnished by a participating provider or participating
    facility and if either of the criteria described in paragraph
    (2) applies with respect to such participant or beneficiary and
    item or service, the plan--
    ``(A) shall not impose on such participant or
    beneficiary a cost-sharing amount for such item or
    service so furnished that is greater than the cost-
    sharing amount that would apply under such plan had such
    item or service been furnished by a participating
    provider; and
    ``(B) <>  shall apply the
    deductible or out-of-pocket maximum, if any, that would
    apply if such services were furnished by a participating
    provider or a participating facility.
    ``(2) Criteria described.--For purposes of paragraph (1),
    the criteria described in this paragraph, with respect to an
    item or service furnished to a participant or beneficiary of a
    group health plan by a nonparticipating provider or a
    nonparticipating facility, are the following:
    ``(A) The participant or beneficiary received
    through a database, provider directory, or response
    protocol described in subsection (a) information with
    respect to such item and service to be furnished and
    such information provided that the provider was a
    participating provider or facility was a participating
    facility, with respect to the plan for furnishing such
    item or service.
    ``(B) The information was not provided, in
    accordance with subsection (a), to the participant or
    beneficiary and the participant or beneficiary requested
    through the response protocol described in subsection
    (a)(3) of the plan information on whether the provider
    was a participating provider or facility was a
    participating facility with respect to the plan for
    furnishing such item or service and was informed through
    such protocol that the provider was such a participating
    provider or facility was such a participating facility.

    ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years <> beginning on or after January 1, 2022, each
    group health plan shall make publicly available, post on a public
    website of such plan or issuer, and include on each explanation of
    benefits for an item or service with respect to which the requirements
    under section 9816 applies--
    ``(1) information in plain language on--
    ``(A) <>  the requirements and
    prohibitions applied under sections 2799B-1 and 2799B-2
    of the Public Health Service Act(relating to
    prohibitions on balance billing in certain
    circumstances);
    ``(B) if provided for under applicable State law,
    any other requirements on providers and facilities
    regarding the amounts such providers and facilities may,
    with respect to an item or service, charge a participant
    or beneficiary of such plan with respect to which such a
    provider or facility does not have a contractual
    relationship for furnishing such item or service under
    the plan after receiving payment from the plan for such
    item or service and any

    [[Page 2887]]

    applicable cost sharing payment from such participant or
    beneficiary; and
    ``(C) the requirements applied under section 9816;
    and
    ``(2) information on contacting appropriate State and
    Federal agencies in the case that an individual believes that
    such a provider or facility has violated any requirement
    described in paragraph (1) with respect to such individual.''.

    (d) Clerical Amendments.--
    (1) ERISA.--The table of contents in section 1 of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
    et seq.), as amended by the previous provisions of this title,
    is further amended by inserting after the item relating to
    section 719 the following new item:

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

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

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

    (e) Provider Requirements.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and as further amended by the previous provisions of this title, is
    further amended by adding at the end the following:
    ``SEC. 2799B-9. <>  PROVIDER REQUIREMENTS
    TO PROTECT PATIENTS AND IMPROVE THE
    ACCURACY OF PROVIDER DIRECTORY
    INFORMATION.

    ``(a) <>  Provider Business Processes.--
    Beginning not later than January 1, 2022, each health care provider and
    each health care facility shall have in place business processes to
    ensure the timely provision of provider directory information to a group
    health plan or a health insurance issuer offering group or individual
    health insurance coverage to support compliance by such plans or issuers
    with section 2799A-5(a)(1), section 720(a)(1) of the Employee Retirement
    Income Security Act of 1974, or section 9820(a)(1) of the Internal
    Revenue Code of 1986, as applicable. Such providers shall submit
    provider directory information to a plan or issuers, at a minimum--
    ``(1) when the provider or facility begins a network
    agreement with a plan or with an issuer with respect to certain
    coverage;
    ``(2) when the provider or facility terminates a network
    agreement with a plan or with an issuer with respect to certain
    coverage;
    ``(3) when there are material changes to the content of
    provider directory information of the provider or facility
    described in section 2799A-5(a)(1), section 720(a)(1) of the
    Employee Retirement Income Security Act of 1974, or section
    9820(a)(1) of the Internal Revenue Code of 1986, as applicable;
    and

    [[Page 2888]]

    ``(4) at any other time (including upon the request of such
    issuer or plan) determined appropriate by the provider,
    facility, or the Secretary.

    ``(b) <>  Refunds to
    Enrollees.--If a health care provider submits a bill to an enrollee
    based on cost-sharing for treatment or services provided by the health
    care provider that is in excess of the normal cost-sharing applied for
    such treatment or services provided in-network, as prohibited under
    section 2799A-5(b), section 720(b) of the Employee Retirement Income
    Security Act of 1974, or section 9820(b) of the Internal Revenue Code of
    1986, as applicable, and the enrollee pays such bill, the provider shall
    reimburse the enrollee for the full amount paid by the enrollee in
    excess of the in-network cost-sharing amount for the treatment or
    services involved, plus interest, at an interest rate determined by the
    Secretary.

    ``(c) Limitation.--Nothing in this section shall prohibit a provider
    from requiring in the terms of a contract, or contract termination, with
    a group health plan or health insurance issuer--
    ``(1) that the plan or issuer remove, at the time of
    termination of such contract, the provider from a directory of
    the plan or issuer described in section 2799A-5(a), section
    720(a) of the Employee Retirement Income Security Act of 1974,
    or section 9820(a) of the Internal Revenue Code of 1986, as
    applicable; or
    ``(2) that the plan or issuer bear financial responsibility,
    including under section 2799A-5(b), section 720(b) of the
    Employee Retirement Income Security Act of 1974, or section
    9820(b) of the Internal Revenue Code of 1986, as applicable, for
    providing inaccurate network status information to an enrollee.

    ``(d) Definition.--For purposes of this section, the term `provider
    directory information' includes the names, addresses, specialty,
    telephone numbers, and digital contact information of individual health
    care providers, and the names, addresses, telephone numbers, and digital
    contact information of each medical group, clinic, or facility
    contracted to participate in any of the networks of the group health
    plan or health insurance coverage involved.
    ``(e) Rule of Construction.--Nothing in this section shall be
    construed to preempt any provision of State law relating to health care
    provider directories.''.
    SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND PATIENT
    BILLING.

    (a) <>  In
    General.--Not later than 90 days after the date of enactment of this
    Act, the Secretary of Labor, Secretary of Health and Human Services, and
    the Secretary of the Treasury (the Secretaries) shall jointly establish
    an advisory committee for the purpose of reviewing options to improve
    the disclosure of charges and fees for ground ambulance services, better
    inform consumers of insurance options for such services, and protect
    consumers from balance billing.

    (b) Composition of the Advisory Committee.--The advisory committee
    shall be composed of the following members:
    (1) The Secretary of Labor, or the Secretary's designee.
    (2) The Secretary of Health and Human Services, or the
    Secretary's designee.
    (3) The Secretary of the Treasury, or the Secretary's
    designee.

    [[Page 2889]]

    (4) <>  One representative, to be
    appointed jointly by the Secretaries, for each of the following:
    (A) Each relevant Federal agency, as determined by
    the Secretaries.
    (B) State insurance regulators.
    (C) Health insurance providers.
    (D) Patient advocacy groups.
    (E) Consumer advocacy groups.
    (F) State and local governments.
    (G) Physician specializing in emergency, trauma,
    cardiac, or stroke.
    (H) State Emergency Medical Services Officials.
    (I) Emergency medical technicians, paramedics, and
    other emergency medical services personnel.
    (5) <>  Three representatives, to be
    appointed jointly by the Secretaries, to represent the various
    segments of the ground ambulance industry.
    (6) Up to an additional 2 representatives otherwise not
    described in paragraphs (1) through (5), as determined necessary
    and appropriate by the Secretaries.

    (c) Consultation.--The advisory committee shall, as appropriate,
    consult with relevant experts and stakeholders, including those not
    otherwise included under subsection (b), while conducting the review
    described in subsection (a).
    (d) Recommendations.--The advisory committee shall make
    recommendations with respect to disclosure of charges and fees for
    ground ambulance services and insurance coverage, consumer protection
    and enforcement authorities of the Departments of Labor, Health and
    Human Services, and the Treasury and State authorities, and the
    prevention of balance billing to consumers. The recommendations shall
    address, at a minimum--
    (1) options, best practices, and identified standards to
    prevent instances of balance billing;
    (2) steps that can be taken by State legislatures, State
    insurance regulators, State attorneys general, and other State
    officials as appropriate, consistent with current legal
    authorities regarding consumer protection; and
    (3) legislative options for Congress to prevent balance
    billing.

    (e) Report.--Not later than 180 days after the date of the first
    meeting of the advisory committee, the advisory committee shall submit
    to the Secretaries, and the Committees on Education and Labor, Energy
    and Commerce, and Ways and Means of the House of Representatives and the
    Committees on Finance and Health, Education, Labor, and Pensions a
    report containing the recommendations made under subsection (d).
    SEC. 118. IMPLEMENTATION FUNDING.

    (a) In General.--For the purposes described in subsection (b), there
    are appropriated, out of amounts in the Treasury not otherwise
    appropriated, to the Secretary of Health and Human Services, the
    Secretary of Labor, and the Secretary of the Treasury, $500,000,000 for
    fiscal year 2021, to remain available until expended through 2024.

    [[Page 2890]]

    (b) Permitted Purposes.--The purposes described in this subsection
    are limited to the following purposes, insofar as such purposes are to
    carry out the provisions of, including the amendments made by, this
    title and title II:
    (1) <>  Preparing, drafting, and issuing
    proposed and final regulations or interim regulations.
    (2) <>  Preparing, drafting, and
    issuing guidance and public information.
    (3) Preparing and holding public meetings.
    (4) <>  Preparing, drafting, and publishing
    reports.
    (5) Enforcement of such provisions.
    (6) <>  Reporting, collection, and
    analysis of data.
    (7) Establishment and initial implementation of the
    processes for independent dispute resolution and implementation
    of patient-provider dispute resolution under such provisions.
    (8) <>  Conducting audits.
    (9) Other administrative duties necessary for implementation
    of such provisions.

    (c) <>  Transparency of Implementation Funds.--Each
    Secretary described in subsection (a) shall annually submit to the
    Committees on Energy and Commerce, on Ways and Means, on Education and
    Labor, and on Appropriations of the House of Representatives and on the
    Committees on Health, Education, Labor, and Pensions and on
    Appropriations of the Senate a report on funds expended pursuant to
    funds appropriated under this section.

    TITLE II--TRANSPARENCY

    SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
    AND QUALITY INFORMATION.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by title I, is further
    amended by adding at the end the following:
    ``SEC. 2799A-9. <>  INCREASING
    TRANSPARENCY BY REMOVING GAG CLAUSES
    ON PRICE AND QUALITY INFORMATION.

    ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Group and Individual Market Consumers.--
    ``(1) Group health plans.--A group health plan or health
    insurance issuer offering group health insurance coverage may
    not enter into an agreement with a health care provider, network
    or association of providers, third-party administrator, or other
    service provider offering access to a network of providers that
    would directly or indirectly restrict a group health plan or
    health insurance issuer offering such coverage from--
    ``(A) providing provider-specific cost or quality of
    care information or data, through a consumer engagement
    tool or any other means, to referring providers, the
    plan sponsor, enrollees, or individuals eligible to
    become enrollees of the plan or coverage;
    ``(B) electronically accessing de-identified claims
    and encounter information or data for each enrollee in
    the plan or coverage, upon request and consistent with
    the privacy regulations promulgated pursuant to section
    264(c) of the Health Insurance Portability and
    Accountability Act of 1996, the amendments made by the
    Genetic Information

    [[Page 2891]]

    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990, including, on a per claim
    basis--
    ``(i) financial information, such as the
    allowed amount, or any other claim-related
    financial obligations included in the provider
    contract;
    ``(ii) provider information, including name
    and clinical designation;
    ``(iii) service codes; or
    ``(iv) any other data element included in
    claim or encounter transactions; or
    ``(C) sharing information or data described in
    subparagraph (A) or (B), or directing that such data be
    shared, with a business associate as defined in section
    160.103 of title 45, Code of Federal Regulations (or
    successor regulations), consistent with the privacy
    regulations promulgated pursuant to section 264(c) of
    the Health Insurance Portability and Accountability Act
    of 1996, the amendments made by the Genetic Information
    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990.
    ``(2) Individual health insurance coverage.--A health
    insurance issuer offering individual health insurance coverage
    may not enter into an agreement with a health care provider,
    network or association of providers, or other service provider
    offering access to a network of providers that would directly or
    indirectly restrict the health insurance issuer from--
    ``(A) providing provider-specific price or quality
    of care information, through a consumer engagement tool
    or any other means, to referring providers, enrollees,
    or individuals eligible to become enrollees of the plan
    or coverage; or
    ``(B) sharing, for plan design, plan administration,
    and plan, financial, legal, and quality improvement
    activities, data described in subparagraph (A) with a
    business associate as defined in section 160.103 of
    title 45, Code of Federal Regulations (or successor
    regulations), consistent with the privacy regulations
    promulgated pursuant to section 264(c) of the Health
    Insurance Portability and Accountability Act of 1996,
    the amendments made by the Genetic Information
    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990.
    ``(3) Clarification regarding public disclosure of
    information.--Nothing in paragraph (1)(A) or (2)(A) prevents a
    health care provider, network or association of providers, or
    other service provider from placing reasonable restrictions on
    the public disclosure of the information described in such
    paragraphs (1) and (2).
    ``(4) <>  Attestation.--A
    group health plan or a health insurance issuer offering group or
    individual health insurance coverage shall annually submit to
    the Secretary an attestation that such plan or issuer of such
    coverage is in compliance with the requirements of this
    subsection.
    ``(5) Rules of construction.--Nothing in this section shall
    be construed to modify or eliminate existing privacy protections
    and standards under State and Federal law. Nothing in this
    subsection shall be construed to otherwise limit access by a
    group health plan, plan sponsor, or health insurance issuer to
    data as permitted under the privacy regulations promulgated

    [[Page 2892]]

    pursuant to section 264(c) of the Health Insurance Portability
    and Accountability Act of 1996, the amendments made by the
    Genetic Information Nondiscrimination Act of 2008, and the
    Americans with Disabilities Act of 1990.''.

    (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by title I, is further amended by adding at the end
    the following:
    ``SEC. 724. <>  INCREASING TRANSPARENCY BY
    REMOVING GAG CLAUSES ON PRICE AND
    QUALITY INFORMATION.

    ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
    ``(1) In general.--A group health plan (or an issuer of
    health insurance coverage offered in connection with such a
    plan) may not enter into an agreement with a health care
    provider, network or association of providers, third-party
    administrator, or other service provider offering access to a
    network of providers that would directly or indirectly restrict
    a group health plan or health insurance issuer offering such
    coverage from--
    ``(A) providing provider-specific cost or quality of
    care information or data, through a consumer engagement
    tool or any other means, to referring providers, the
    plan sponsor, participants or beneficiaries, or
    individuals eligible to become participants or
    beneficiaries of the plan or coverage;
    ``(B) electronically accessing de-identified claims
    and encounter information or data for each participant
    or beneficiary in the plan or coverage, upon request and
    consistent with the privacy regulations promulgated
    pursuant to section 264(c) of the Health Insurance
    Portability and Accountability Act of 1996, the
    amendments made by the Genetic Information
    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990, including, on a per claim
    basis--
    ``(i) financial information, such as the
    allowed amount, or any other claim-related
    financial obligations included in the provider
    contract;
    ``(ii) provider information, including name
    and clinical designation;
    ``(iii) service codes; or
    ``(iv) any other data element included in
    claim or encounter transactions; or
    ``(C) sharing information or data described in
    subparagraph (A) or (B), or directing that such data be
    shared, with a business associate as defined in section
    160.103 of title 45, Code of Federal Regulations (or
    successor regulations), consistent with the privacy
    regulations promulgated pursuant to section 264(c) of
    the Health Insurance Portability and Accountability Act
    of 1996, the amendments made by the Genetic Information
    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990.
    ``(2) Clarification regarding public disclosure of
    information.--Nothing in paragraph (1)(A) prevents a health care
    provider, network or association of providers, or other service
    provider from placing reasonable restrictions on the

    [[Page 2893]]

    public disclosure of the information described in such paragraph
    (1).
    ``(3) <>  Attestation.--A
    group health plan (or health insurance coverage offered in
    connection with such a plan) shall annually submit to the
    Secretary an attestation that such plan or issuer of such
    coverage is in compliance with the requirements of this
    subsection.
    ``(4) Rules of construction.--Nothing in this section shall
    be construed to modify or eliminate existing privacy protections
    and standards under State and Federal law. Nothing in this
    subsection shall be construed to otherwise limit access by a
    group health plan, plan sponsor, or health insurance issuer to
    data as permitted under the privacy regulations promulgated
    pursuant to section 264(c) of the Health Insurance Portability
    and Accountability Act of 1996, the amendments made by the
    Genetic Information Nondiscrimination Act of 2008, and the
    Americans with Disabilities Act of 1990.''.

    (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by title I, is further amended by adding at the end
    the following:
    ``SEC. 9824. <>  INCREASING TRANSPARENCY BY
    REMOVING GAG CLAUSES ON PRICE AND
    QUALITY INFORMATION.

    ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
    ``(1) In general.--A group health plan may not enter into an
    agreement with a health care provider, network or association of
    providers, third-party administrator, or other service provider
    offering access to a network of providers that would directly or
    indirectly restrict a group health plan from--
    ``(A) providing provider-specific cost or quality of
    care information or data, through a consumer engagement
    tool or any other means, to referring providers, the
    plan sponsor, participants or beneficiaries, or
    individuals eligible to become participants or
    beneficiaries of the plan;
    ``(B) electronically accessing de-identified claims
    and encounter information or data for each participant
    or beneficiary in the plan, upon request and consistent
    with the privacy regulations promulgated pursuant to
    section 264(c) of the Health Insurance Portability and
    Accountability Act of 1996, the amendments made by the
    Genetic Information Nondiscrimination Act of 2008, and
    the Americans with Disabilities Act of 1990, including,
    on a per claim basis--
    ``(i) financial information, such as the
    allowed amount, or any other claim-related
    financial obligations included in the provider
    contract;
    ``(ii) provider information, including name
    and clinical designation;
    ``(iii) service codes; or
    ``(iv) any other data element included in
    claim or encounter transactions; or
    ``(C) sharing information or data described in
    subparagraph (A) or (B), or directing that such data be
    shared, with a business associate as defined in section
    160.103 of title 45, Code of Federal Regulations (or
    successor regulations), consistent with the privacy
    regulations promulgated

    [[Page 2894]]

    pursuant to section 264(c) of the Health Insurance
    Portability and Accountability Act of 1996, the
    amendments made by the Genetic Information
    Nondiscrimination Act of 2008, and the Americans with
    Disabilities Act of 1990.
    ``(2) Clarification regarding public disclosure of
    information.--Nothing in paragraph (1)(A) prevents a health care
    provider, network or association of providers, or other service
    provider from placing reasonable restrictions on the public
    disclosure of the information described in such paragraph (1).
    ``(3) <>  Attestation.--A
    group health plan shall annually submit to the Secretary an
    attestation that such plan is in compliance with the
    requirements of this subsection.
    ``(4) Rules of construction.--Nothing in this section shall
    be construed to modify or eliminate existing privacy protections
    and standards under State and Federal law. Nothing in this
    subsection shall be construed to otherwise limit access by a
    group health plan or plan sponsor to data as permitted under the
    privacy regulations promulgated pursuant to section 264(c) of
    the Health Insurance Portability and Accountability Act of 1996,
    the amendments made by the Genetic Information Nondiscrimination
    Act of 2008, and the Americans with Disabilities Act of 1990.''.

    (d) Clerical Amendments.--
    (1) ERISA.--The table of contents in section 1 of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
    et seq.), as amended by title I, is further amended by inserting
    after the item relating to section 723 the following new item:

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

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

    ``Sec. 9824. Increasing transparency by removing gag clauses on price
    and quality information.''.

    SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR
    BROKERS AND CONSULTANTS TO EMPLOYER-
    SPON-
    SORED HEALTH PLANS AND ENROLLEES IN
    PLANS ON
    THE INDIVIDUAL MARKET.

    (a) Group Health Plans.--Section 408(b)(2) of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is
    amended--
    (1) by striking ``(2) Contracting or making'' and inserting
    ``(2)(A) Contracting or making''; and
    (2) by adding at the end the following:
    ``(B)(i) No contract or arrangement for services between a
    covered plan and a covered service provider, and no extension or
    renewal of such a contract or arrangement, is reasonable within
    the meaning of this paragraph unless the requirements of this
    clause are met.
    ``(ii)(I) <>  For purposes of this
    subparagraph:

    [[Page 2895]]

    ``(aa) The term `covered plan' means a group health
    plan as defined section 733(a).
    ``(bb) The term `covered service provider' means a
    service provider that enters into a contract or
    arrangement with the covered plan and reasonably expects
    $1,000 (or such amount as the Secretary may establish in
    regulations to account for inflation since the date of
    enactment of the Consolidated Appropriations Act, 2021,
    as appropriate) or more in compensation, direct or
    indirect, to be received in connection with providing
    one or more of the following services, pursuant to the
    contract or arrangement, regardless of whether such
    services will be performed, or such compensation
    received, by the covered service provider, an affiliate,
    or a subcontractor:
    ``(AA) Brokerage services, for which the
    covered service provider, an affiliate, or a
    subcontractor reasonably expects to receive
    indirect compensation or direct compensation
    described in item (dd), provided to a covered plan
    with respect to selection of insurance products
    (including vision and dental), recordkeeping
    services, medical management vendor, benefits
    administration (including vision and dental),
    stop-loss insurance, pharmacy benefit management
    services, wellness services, transparency tools
    and vendors, group purchasing organization
    preferred vendor panels, disease management
    vendors and products, compliance services,
    employee assistance programs, or third party
    administration services.
    ``(BB) Consulting, for which the covered
    service provider, an affiliate, or a subcontractor
    reasonably expects to receive indirect
    compensation or direct compensation described in
    item (dd), related to the development or
    implementation of plan design, insurance or
    insurance product selection (including vision and
    dental), recordkeeping, medical management,
    benefits administration selection (including
    vision and dental), stop-loss insurance, pharmacy
    benefit management services, wellness design and
    management services, transparency tools, group
    purchasing organization agreements and services,
    participation in and services from preferred
    vendor panels, disease management, compliance
    services, employee assistance programs, or third
    party administration services.
    ``(cc) The term `affiliate', with respect to a
    covered service provider, means an entity that directly
    or indirectly (through one or more intermediaries)
    controls, is controlled by, or is under common control
    with, such provider, or is an officer, director, or
    employee of, or partner in, such provider.
    ``(dd)(AA) The term `compensation' means anything of
    monetary value, but does not include non-monetary
    compensation valued at $250 (or such amount as the
    Secretary may establish in regulations to account for
    inflation since the date of enactment of the
    Consolidated Appropriations Act, 2021, as appropriate)
    or less, in the aggregate, during the term of the
    contract or arrangement.

    [[Page 2896]]

    ``(BB) The term `direct compensation' means
    compensation received directly from a covered plan.
    ``(CC) The term `indirect compensation' means
    compensation received from any source other than the
    covered plan, the plan sponsor, the covered service
    provider, or an affiliate. Compensation received from a
    subcontractor is indirect compensation, unless it is
    received in connection with services performed under a
    contract or arrangement with a subcontractor.
    ``(ee) The term `responsible plan fiduciary' means a
    fiduciary with authority to cause the covered plan to
    enter into, or extend or renew, the contract or
    arrangement.
    ``(ff) The term `subcontractor' means any person or
    entity (or an affiliate of such person or entity) that
    is not an affiliate of the covered service provider and
    that, pursuant to a contract or arrangement with the
    covered service provider or an affiliate, reasonably
    expects to receive $1,000 (or such amount as the
    Secretary may establish in regulations to account for
    inflation since the date of enactment of the
    Consolidated Appropriations Act, 2021, as appropriate)
    or more in compensation for performing one or more
    services described in item (bb) under a contract or
    arrangement with the covered plan.
    ``(II) <>  For purposes of this
    subparagraph, a description of compensation or cost may be
    expressed as a monetary amount, formula, or a per capita charge
    for each enrollee or, if the compensation or cost cannot
    reasonably be expressed in such terms, by any other reasonable
    method, including a disclosure that additional compensation may
    be earned but may not be calculated at the time of contract if
    such a disclosure includes a description of the circumstances
    under which the additional compensation may be earned and a
    reasonable and good faith estimate if the covered service
    provider cannot otherwise readily describe compensation or cost
    and explains the methodology and assumptions used to prepare
    such estimate. Any such description shall contain sufficient
    information to permit evaluation of the reasonableness of the
    compensation or cost.
    ``(III) No person or entity is a `covered service provider'
    within the meaning of subclause (I)(bb) solely on the basis of
    providing services as an affiliate or a subcontractor that is
    performing one or more of the services described in subitem (AA)
    or (BB) of such subclause under the contract or arrangement with
    the covered plan.
    ``(iii) <>  A covered service provider
    shall disclose to a responsible plan fiduciary, in writing, the
    following:
    ``(I) A description of the services to be provided
    to the covered plan pursuant to the contract or
    arrangement.
    ``(II) If applicable, a statement that the covered
    service provider, an affiliate, or a subcontractor will
    provide, or reasonably expects to provide, services
    pursuant to the contract or arrangement directly to the
    covered plan as a fiduciary (within the meaning of
    section 3(21)).
    ``(III) A description of all direct compensation,
    either in the aggregate or by service, that the covered
    service provider, an affiliate, or a subcontractor
    reasonably expects to receive in connection with the
    services described in subclause (I).

    [[Page 2897]]

    ``(IV)(aa) A description of all indirect
    compensation that the covered service provider, an
    affiliate, or a subcontractor reasonably expects to
    receive in connection with the services described in
    subclause (I)--
    ``(AA) including compensation from a vendor to
    a brokerage firm based on a structure of
    incentives not solely related to the contract with
    the covered plan; and
    ``(BB) not including compensation received by
    an employee from an employer on account of work
    performed by the employee.
    ``(bb) A description of the arrangement between the
    payer and the covered service provider, an affiliate, or
    a subcontractor, as applicable, pursuant to which such
    indirect compensation is paid.
    ``(cc) Identification of the services for which the
    indirect compensation will be received, if applicable.
    ``(dd) Identification of the payer of the indirect
    compensation.
    ``(V) A description of any compensation that will be
    paid among the covered service provider, an affiliate,
    or a subcontractor, in connection with the services
    described in subclause (I) if such compensation is set
    on a transaction basis (such as commissions, finder's
    fees, or other similar incentive compensation based on
    business placed or retained), including identification
    of the services for which such compensation will be paid
    and identification of the payers and recipients of such
    compensation (including the status of a payer or
    recipient as an affiliate or a subcontractor),
    regardless of whether such compensation also is
    disclosed pursuant to subclause (III) or (IV).
    ``(VI) A description of any compensation that the
    covered service provider, an affiliate, or a
    subcontractor reasonably expects to receive in
    connection with termination of the contract or
    arrangement, and how any prepaid amounts will be
    calculated and refunded upon such termination.
    ``(iv) <>  A covered service provider
    shall disclose to a responsible plan fiduciary, in writing a
    description of the manner in which the compensation described in
    clause (iii), as applicable, will be received.
    ``(v)(I) <>  A covered service provider
    shall disclose the information required under clauses (iii) and
    (iv) to the responsible plan fiduciary not later than the date
    that is reasonably in advance of the date on which the contract
    or arrangement is entered into, and extended or renewed.
    ``(II) <>  A covered service provider shall
    disclose any change to the information required under clause
    (iii) and (iv) as soon as practicable, but not later than 60
    days from the date on which the covered service provider is
    informed of such change, unless such disclosure is precluded due
    to extraordinary circumstances beyond the covered service
    provider's control, in which case the information shall be
    disclosed as soon as practicable.

    [[Page 2898]]

    ``(vi)(I) Upon the written request of the responsible plan
    fiduciary or covered plan administrator, a covered service
    provider shall furnish any other information relating to the
    compensation received in connection with the contract or
    arrangement that is required for the covered plan to comply with
    the reporting and disclosure requirements under this Act.
    ``(II) <>  The covered service provider
    shall disclose the information required under clause (iii)(I)
    reasonably in advance of the date upon which such responsible
    plan fiduciary or covered plan administrator states that it is
    required to comply with the applicable reporting or disclosure
    requirement, unless such disclosure is precluded due to
    extraordinary circumstances beyond the covered service
    provider's control, in which case the information shall be
    disclosed as soon as practicable.
    ``(vii) <>  No contract or arrangement will
    fail to be reasonable under this subparagraph solely because the
    covered service provider, acting in good faith and with
    reasonable diligence, makes an error or omission in disclosing
    the information required pursuant to clause (iii) (or a change
    to such information disclosed pursuant to clause (v)(II)) or
    clause (vi), provided that the covered service provider
    discloses the correct information to the responsible plan
    fiduciary as soon as practicable, but not later than 30 days
    from the date on which the covered service provider knows of
    such error or omission.
    ``(viii)(I) Pursuant to subsection (a), subparagraphs (C)
    and (D) of section 406(a)(1) shall not apply to a responsible
    plan fiduciary, notwithstanding any failure by a covered service
    provider to disclose information required under clause (iii), if
    the following conditions are met:
    ``(aa) The responsible plan fiduciary did not know
    that the covered service provider failed or would fail
    to make required disclosures and reasonably believed
    that the covered service provider disclosed the
    information required to be disclosed.
    ``(bb) The responsible plan fiduciary, upon
    discovering that the covered service provider failed to
    disclose the required information, requests in writing
    that the covered service provider furnish such
    information.
    ``(cc) <>  If the
    covered service provider fails to comply with a written
    request described in subclause (II) within 90 days of
    the request, the responsible plan fiduciary notifies the
    Secretary of the covered service provider's failure, in
    accordance with subclauses (II) and (III).
    ``(II) A notice described in subclause (I)(cc) shall
    contain--
    ``(aa) the name of the covered plan;
    ``(bb) the plan number used for the annual report on
    the covered plan;
    ``(cc) the plan sponsor's name, address, and
    employer identification number;
    ``(dd) the name, address, and telephone number of
    the responsible plan fiduciary;
    ``(ee) the name, address, phone number, and, if
    known, employer identification number of the covered
    service provider;
    ``(ff) a description of the services provided to the
    covered plan;

    [[Page 2899]]

    ``(gg) a description of the information that the
    covered service provider failed to disclose;
    ``(hh) the date on which such information was
    requested in writing from the covered service provider;
    and
    ``(ii) a statement as to whether the covered service
    provider continues to provide services to the plan.
    ``(III) <>  A notice described in subclause
    (I)(cc) shall be filed with the Department not later than 30
    days following the earlier of--
    ``(aa) The covered service provider's refusal to
    furnish the information requested by the written request
    described in subclause (I)(bb); or
    ``(bb) <>  90 days after the
    written request referred to in subclause (I)(cc) is
    made.
    ``(IV) <>  If the
    covered service provider fails to comply with the written
    request under subclause (I)(bb) within 90 days of such request,
    the responsible plan fiduciary shall determine whether to
    terminate or continue the contract or arrangement under section
    404. If the requested information relates to future services and
    is not disclosed promptly after the end of the 90-day period,
    the responsible plan fiduciary shall terminate the contract or
    arrangement as expeditiously as possible, consistent with such
    duty of prudence.
    ``(ix) Nothing in this subparagraph shall be construed to
    supersede any provision of State law that governs disclosures by
    parties that provide the services described in this section,
    except to the extent that such law prevents the application of a
    requirement of this section.''.

    (b) <>  Applicability of Existing
    Regulations.--Nothing in the amendments made by subsection (a) shall be
    construed to affect the applicability of section 2550.408b-2 of title
    29, Code of Federal Regulations (or any successor regulations), with
    respect to any applicable entity other than a covered plan or a covered
    service provider (as defined in section 408(b)(2)(B)(ii) of the Employee
    Retirement Income Security Act of 1974, as amended by subsection (a)).

    (c) Individual Market Coverage.--Subpart 1 of part B of title XXVII
    of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended
    by adding at the end the following:
    ``SEC. 2746. <>  DISCLOSURE TO ENROLLEES
    OF INDIVIDUAL MARKET COVERAGE.

    ``(a) <>  In General.--A health insurance issuer
    offering individual health insurance coverage or a health insurance
    issuer offering short-term limited duration insurance coverage shall
    make disclosures to enrollees in such coverage, as described in
    subsection (b), and reports to the Secretary, as described in subsection
    (c), regarding direct or indirect compensation provided by the issuer to
    an agent or broker associated with enrolling individuals in such
    coverage.

    ``(b) Disclosure.--A health insurance issuer described in subsection
    (a) shall disclose to an enrollee the amount of direct or indirect
    compensation provided to an agent or broker for services provided by
    such agent or broker associated with plan selection and enrollment. Such
    disclosure shall be--
    ``(1) made prior to the individual finalizing plan
    selection; and

    [[Page 2900]]

    ``(2) included on any documentation confirming the
    individual's enrollment.

    ``(c) Reporting.--A health insurance issuer described in subsection
    (a) shall annually report to the Secretary, prior to the beginning of
    open enrollment, any direct or indirect compensation provided to an
    agent or broker associated with enrolling individuals in such coverage.
    ``(d) <>  Rulemaking.--Not later than 1 year after
    the date of enactment of the Consolidated Appropriations Act, 2021, the
    Secretary shall finalize, through notice-and-comment rulemaking, the
    timing, form, and manner in which issuers described in subsection (a)
    are required to make the disclosures described in subsection (b) and the
    reports described in subsection (c). Such rulemaking may also include
    adjustments to notice requirements to reflect the different processes
    for plan renewals, in order to provide enrollees with full, timely
    information.''.

    (d) <>  Transition Rule.--No contract
    executed prior to the effective date described in subsection (e) by a
    group health plan subject to the requirements of section 408(b)(2)(B) of
    the Employee Retirement Income Security Act of 1974 (as amended by
    subsection (a)) or by a health insurance issuer subject to the
    requirements of section 2746 of the Public Health Service Act (as added
    by subsection (c)) shall be subject to the requirements of such section
    408(b)(2)(B) or such section 2746, as applicable.

    (e) <>  Application.--The
    amendments made by subsections (a) and (c) shall apply beginning 1 year
    after the date of enactment of this Act.
    SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE
    DISORDER BENEFITS.

    (a) In General.--
    (1) PHSA.--Section 2726(a) of the Public Health Service Act
    (42 U.S.C. 300gg-26(a)) is amended by adding at the end the
    following:
    ``(8) Compliance requirements.--
    ``(A) Nonquantitative treatment limitation (nqtl)
    requirements.--In the case
    of <> a group health
    plan or a health insurance issuer offering group or
    individual health insurance coverage that provides both
    medical and surgical benefits and mental health or
    substance use disorder benefits and that imposes
    nonquantitative treatment limitations (referred to in
    this section as `NQTLs') on mental health or substance
    use disorder benefits, such plan or issuer shall perform
    and document comparative analyses of the design and
    application of NQTLs and, beginning 45 days after the
    date of enactment of the Consolidated Appropriations
    Act, 2021, make available to the applicable State
    authority (or, as applicable, to the Secretary of Labor
    or the Secretary of Health and Human Services), upon
    request, the comparative analyses and the following
    information:
    ``(i) The specific plan or coverage terms or
    other relevant terms regarding the NQTLs and a
    description of all mental health or substance use
    disorder and medical or surgical benefits to which
    each such term applies in each respective benefits
    classification.

    [[Page 2901]]

    ``(ii) The factors used to determine that the
    NQTLs will apply to mental health or substance use
    disorder benefits and medical or surgical
    benefits.
    ``(iii) <>  The evidentiary
    standards used for the factors identified in
    clause (ii), when applicable, provided that every
    factor shall be defined, and any other source or
    evidence relied upon to design and apply the NQTLs
    to mental health or substance use disorder
    benefits and medical or surgical benefits.
    ``(iv) The comparative analyses demonstrating
    that the processes, strategies, evidentiary
    standards, and other factors used to apply the
    NQTLs to mental health or substance use disorder
    benefits, as written and in operation, are
    comparable to, and are applied no more stringently
    than, the processes, strategies, evidentiary
    standards, and other factors used to apply the
    NQTLs to medical or surgical benefits in the
    benefits classification.
    ``(v) The specific findings and conclusions
    reached by the group health plan or health
    insurance issuer with respect to the health
    insurance coverage, including any results of the
    analyses described in this subparagraph that
    indicate that the plan or coverage is or is not in
    compliance with this section.
    ``(B) Secretary request process.--
    ``(i) Submission upon request.--The Secretary
    shall request that a group health plan or a health
    insurance issuer offering group or individual
    health insurance coverage submit the comparative
    analyses described in subparagraph (A) for plans
    that involve potential violations of this section
    or complaints regarding noncompliance with this
    section that concern NQTLs and any other instances
    in which the Secretary determines appropriate. The
    Secretary shall request not fewer than 20 such
    analyses per year.
    ``(ii) Additional information.--In instances
    in which the Secretary has concluded that the
    group health plan or health insurance issuer with
    respect to health insurance coverage has not
    submitted sufficient information for the Secretary
    to review the comparative analyses described in
    subparagraph (A), as requested under clause (i),
    the Secretary shall specify to the plan or issuer
    the information the plan or issuer must submit to
    be responsive to the request under clause (i) for
    the Secretary to review the comparative analyses
    described in subparagraph (A) for compliance with
    this section. Nothing in this paragraph shall
    require the Secretary to conclude that a group
    health plan or health insurance issuer is in
    compliance with this section solely based upon the
    inspection of the comparative analyses described
    in subparagraph (A), as requested under clause
    (i).
    ``(iii) Required action.--

    ``(I) <>
    In general.--In instances in which the
    Secretary has reviewed the comparative
    analyses described in subparagraph (A),
    as requested under clause (i), and
    determined that the group health

    [[Page 2902]]

    plan or health insurance issuer is not
    in compliance with this section, the
    plan or issuer--
    ``(aa) shall specify to the
    Secretary the actions the plan
    or issuer will take to be in
    compliance with this section and
    provide to the Secretary
    additional comparative analyses
    described in subparagraph (A)
    that demonstrate compliance with
    this section not later than 45
    days after the initial
    determination by the Secretary
    that the plan or issuer is not
    in compliance; and

    ``(bb) <>
    following the 45-day corrective
    action period under item (aa),
    if the Secretary makes a final
    determination that the plan or
    issuer still is not in
    compliance with this section,
    not later than 7 days after such
    determination, shall notify all
    individuals enrolled in the plan
    or applicable health insurance
    coverage offered by the issuer
    that the plan or issuer, with
    respect to such coverage, has
    been determined to be not in
    compliance with this section.
    ``(II) Exemption from disclosure.--
    Documents or communications produced in
    connection with the Secretary's
    recommendations to a group health plan
    or health insurance issuer shall not be
    subject to disclosure pursuant to
    section 552 of title 5, United States
    Code.
    ``(iv) <>
    Report.--Not later than 1 year after the date of
    enactment of this paragraph, and not later than
    October 1 of each year thereafter, the Secretary
    shall submit to Congress, and make publicly
    available, a report that contains--
    ``(I) <>  a summary
    of the comparative analyses requested
    under clause (i), including the identity
    of each group health plan or health
    insurance issuer, with respect to
    particular health insurance coverage
    that is determined to be not in
    compliance after the final determination
    by the Secretary described in clause
    (iii)(I)(bb);
    ``(II) the Secretary's conclusions
    as to whether each group health plan or
    health insurance issuer submitted
    sufficient information for the Secretary
    to review the comparative analyses
    requested under clause (i) for
    compliance with this section;
    ``(III) <>  for
    each group health plan or health
    insurance issuer that did submit
    sufficient information for the Secretary
    to review the comparative analyses
    requested under clause (i), the
    Secretary's conclusions as to whether
    and why the plan or issuer is in
    compliance with the requirements under
    this section;
    ``(IV) the Secretary's
    specifications described in clause (ii)
    for each group health plan or health
    insurance issuer that the Secretary
    determined did not submit sufficient
    information for the Secretary to review
    the comparative analyses

    [[Page 2903]]

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

    [[Page 2904]]

    the 2016 publication of the Department of Health and
    Human Services and the Department of Labor, entitled
    `Warning Signs - Plan or Policy Non-Quantitative
    Treatment Limitations (NQTLs) that Require Additional
    Analysis to Determine Mental Health Parity Compliance'.
    ``(B) Examples illustrating compliance and
    noncompliance.--
    ``(i) In general.--The compliance program
    guidance document required under this paragraph
    shall provide illustrative, de-identified examples
    (that do not disclose any protected health
    information or individually identifiable
    information) of previous findings of compliance
    and noncompliance with this section, section 2726
    of the Public Health Service Act, or section 9812
    of the Internal Revenue Code of 1986, as
    applicable, based on investigations of violations
    of such sections, including--
    ``(I) examples illustrating
    requirements for information disclosures
    and nonquantitative treatment
    limitations; and
    ``(II) descriptions of the
    violations uncovered during the course
    of such investigations.
    ``(ii) Nonquantitative treatment
    limitations.--To the extent that any example
    described in clause (i) involves a finding of
    compliance or noncompliance with regard to any
    requirement for nonquantitative treatment
    limitations, the example shall provide sufficient
    detail to fully explain such finding, including a
    full description of the criteria involved for
    approving medical and surgical benefits and the
    criteria involved for approving mental health and
    substance use disorder benefits.
    ``(iii) Access to additional information
    regarding compliance.--
    In <> developing and issuing the
    compliance program guidance document required
    under this paragraph, the Secretaries specified in
    subparagraph (A)--
    ``(I) shall enter into interagency
    agreements with the Inspector General of
    the Department of Health and Human
    Services, the Inspector General of the
    Department of Labor, and the Inspector
    General of the Department of the
    Treasury to share findings of compliance
    and noncompliance with this section,
    section 2726 of the Public Health
    Service Act, or section 9812 of the
    Internal Revenue Code of 1986, as
    applicable; and
    ``(II) shall seek to enter into an
    agreement with a State to share
    information on findings of compliance
    and noncompliance with this section,
    section 2726 of the Public Health
    Service Act, or section 9812 of the
    Internal Revenue Code of 1986, as
    applicable.
    ``(C) Recommendations.--The compliance program
    guidance document shall include recommendations to
    advance compliance with this section, section 2726 of
    the Public Health Service Act, or section 9812 of the
    Internal Revenue Code of 1986, as applicable, and
    encourage the

    [[Page 2905]]

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

    [[Page 2906]]

    ensure compliance with this section, section 2726
    of the Public Health Service Act, or section 9812
    of the Internal Revenue Code of 1986, as
    applicable, compliance with any regulation issued
    pursuant to such respective section, or compliance
    with any other applicable law or regulation. Such
    guidance shall include information that is
    comparative in nature with respect to--
    ``(I) nonquantitative treatment
    limitations for both medical and
    surgical benefits and mental health and
    substance use disorder benefits;
    ``(II) the processes, strategies,
    evidentiary standards, and other factors
    used to apply the limitations described
    in subclause (I); and
    ``(III) the application of the
    limitations described in subclause (I)
    to ensure that such limitations are
    applied in parity with respect to both
    medical and surgical benefits and mental
    health and substance use disorder
    benefits.
    ``(C) Nonquantitative treatment limitations.--The
    guidance issued under this paragraph shall include
    clarifying information and illustrative examples of
    methods, processes, strategies, evidentiary standards,
    and other factors that group health plans and health
    insurance issuers offering group health insurance
    coverage may use regarding the development and
    application of nonquantitative treatment limitations to
    ensure compliance with this section, section 2726 of the
    Public Health Service Act, or section 9812 of the
    Internal Revenue Code of 1986, as applicable, (and any
    regulations promulgated pursuant to such respective
    section), including--
    ``(i) examples of methods of determining
    appropriate types of nonquantitative treatment
    limitations with respect to both medical and
    surgical benefits and mental health and substance
    use disorder benefits, including nonquantitative
    treatment limitations pertaining to--
    ``(I) medical management standards
    based on medical necessity or
    appropriateness, or whether a treatment
    is experimental or investigative;
    ``(II) limitations with respect to
    prescription drug formulary design; and
    ``(III) use of fail-first or step
    therapy protocols;
    ``(ii) examples of methods of determining--
    ``(I) network admission standards
    (such as credentialing); and
    ``(II) factors used in provider
    reimbursement methodologies (such as
    service type, geographic market, demand
    for services, and provider supply,
    practice size, training, experience, and
    licensure) as such factors apply to
    network adequacy;
    ``(iii) examples of sources of information
    that may serve as evidentiary standards for the
    purposes of making determinations regarding the
    development and application of nonquantitative
    treatment limitations;
    ``(iv) examples of specific factors, and the
    evidentiary standards used to evaluate such
    factors, used

    [[Page 2907]]

    by such plans or issuers in performing a
    nonquantitative treatment limitation analysis;
    ``(v) examples of how specific evidentiary
    standards may be used to determine whether
    treatments are considered experimental or
    investigative;
    ``(vi) examples of how specific evidentiary
    standards may be applied to each service category
    or classification of benefits;
    ``(vii) examples of methods of reaching
    appropriate coverage determinations for new mental
    health or substance use disorder treatments, such
    as evidence-based early intervention programs for
    individuals with a serious mental illness and
    types of medical management techniques;
    ``(viii) examples of methods of reaching
    appropriate coverage determinations for which
    there is an indirect relationship between the
    covered mental health or substance use disorder
    benefit and a traditional covered medical and
    surgical benefit, such as residential treatment or
    hospitalizations involving voluntary or
    involuntary commitment; and
    ``(ix) additional illustrative examples of
    methods, processes, strategies, evidentiary
    standards, and other factors for which the
    Secretary determines that additional guidance is
    necessary to improve compliance with this section,
    section 2726 of the Public Health Service Act, or
    section 9812 of the Internal Revenue Code of 1986,
    as applicable.
    ``(D) <>  Public comment.--Prior
    to issuing any final guidance under this paragraph, the
    Secretary shall provide a public comment period of not
    less than 60 days during which any member of the public
    may provide comments on a draft of the guidance.
    ``(8) Compliance requirements.--
    ``(A) Nonquantitative treatment limitation (nqtl)
    requirements.--In the <> case of a group health plan or a health
    insurance issuer offering group health insurance
    coverage that provides both medical and surgical
    benefits and mental health or substance use disorder
    benefits and that imposes nonquantitative treatment
    limitations (referred to in this section as `NQTLs') on
    mental health or substance use disorder benefits, such
    plan or issuer shall perform and document comparative
    analyses of the design and application of NQTLs and,
    beginning 45 days after the date of enactment of the
    Consolidated Appropriations Act, 2021, make available to
    the Secretary, upon request, the comparative analyses
    and the following information:
    ``(i) The specific plan or coverage terms or
    other relevant terms regarding the NQTLs, that
    applies to such plan or coverage, and a
    description of all mental health or substance use
    disorder and medical or surgical benefits to which
    each such term applies in each respective benefits
    classification.
    ``(ii) The factors used to determine that the
    NQTLs will apply to mental health or substance use
    disorder benefits and medical or surgical
    benefits.

    [[Page 2908]]

    ``(iii) <>  The evidentiary
    standards used for the factors identified in
    clause (ii), when applicable, provided that every
    factor shall be defined, and any other source or
    evidence relied upon to design and apply the NQTLs
    to mental health or substance use disorder
    benefits and medical or surgical benefits.
    ``(iv) The comparative analyses demonstrating
    that the processes, strategies, evidentiary
    standards, and other factors used to apply the
    NQTLs to mental health or substance use disorder
    benefits, as written and in operation, are
    comparable to, and are applied no more stringently
    than, the processes, strategies, evidentiary
    standards, and other factors used to apply the
    NQTLs to medical or surgical benefits in the
    benefits classification.
    ``(v) The specific findings and conclusions
    reached by the group health plan or health
    insurance issuer with respect to the health
    insurance coverage, including any results of the
    analyses described in this subparagraph that
    indicate that the plan or coverage is or is not in
    compliance with this section.
    ``(B) Secretary request process.--
    ``(i) Submission upon request.--The Secretary
    shall request that a group health plan or a health
    insurance issuer offering group health insurance
    coverage submit the comparative analyses described
    in subparagraph (A) for plans that involve
    potential violations of this section or complaints
    regarding noncompliance with this section that
    concern NQTLs and any other instances in which the
    Secretary determines appropriate. The Secretary
    shall request not fewer than 20 such analyses per
    year.
    ``(ii) Additional information.--In instances
    in which the Secretary has concluded that the
    group health plan or health insurance issuer with
    respect to group health insurance coverage has not
    submitted sufficient information for the Secretary
    to review the comparative analyses described in
    subparagraph (A), as requested under clause (i),
    the Secretary shall specify to the plan or issuer
    the information the plan or issuer must submit to
    be responsive to the request under clause (i) for
    the Secretary to review the comparative analyses
    described in subparagraph (A) for compliance with
    this section. Nothing in this paragraph shall
    require the Secretary to conclude that a group
    health plan or health insurance issuer is in
    compliance with this section solely based upon the
    inspection of the comparative analyses described
    in subparagraph (A), as requested under clause
    (i).
    ``(iii) Required action.--

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

    [[Page 2909]]

    ``(aa) shall specify to the
    Secretary the actions the plan
    or issuer will take to be in
    compliance with this section and
    provide to the Secretary
    additional comparative analyses
    described in subparagraph (A)
    that demonstrate compliance with
    this section not later than 45
    days after the initial
    determination by the Secretary
    that the plan or issuer is not
    in compliance; and

    ``(bb) <>
    following the 45-day corrective
    action period under item (aa),
    if the Secretary makes a final
    determination that the plan or
    issuer still is not in
    compliance with this section,
    not later than 7 days after such
    determination, shall notify all
    individuals enrolled in the plan
    or applicable health insurance
    coverage offered by the issuer
    that the plan or issuer, with
    respect to such coverage, has
    been determined to be not in
    compliance with this section.
    ``(II) Exemption from disclosure.--
    Documents or communications produced in
    connection with the Secretary's
    recommendations to a group health plan
    or health insurance issuer shall not be
    subject to disclosure pursuant to
    section 552 of title 5, United States
    Code.
    ``(iv) <>
    Report.--Not later than 1 year after the date of
    enactment of this paragraph, and not later than
    October 1 of each year thereafter, the Secretary
    shall submit to Congress, and make publicly
    available, a report that contains--
    ``(I) <>  a summary
    of the comparative analyses requested
    under clause (i), including the identity
    of each group health plan or health
    insurance issuer, with respect to
    certain health insurance coverage that
    is determined to be not in compliance
    after the final determination by the
    Secretary described in clause
    (iii)(I)(bb);
    ``(II) the Secretary's conclusions
    as to whether each group health plan or
    health insurance issuer submitted
    sufficient information for the Secretary
    to review the comparative analyses
    requested under clause (i) for
    compliance with this section;
    ``(III) for each group health plan
    or health insurance issuer that did
    submit sufficient information for the
    Secretary to review the comparative
    analyses requested under clause (i), the
    Secretary's conclusions as to whether
    and why the plan or issuer is in
    compliance with the disclosure
    requirements under this section;
    ``(IV) the Secretary's
    specifications described in clause (ii)
    for each group health plan or health
    insurance issuer that the Secretary
    determined did not submit sufficient
    information for the Secretary to review
    the comparative analyses requested under
    clause (i) for compliance with this
    section; and

    [[Page 2910]]

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

    [[Page 2911]]

    `Warning Signs - Plan or Policy Non-Quantitative
    Treatment Limitations (NQTLs) that Require Additional
    Analysis to Determine Mental Health Parity Compliance'.
    ``(B) Examples illustrating compliance and
    noncompliance.--
    ``(i) In general.--The compliance program
    guidance document required under this paragraph
    shall provide illustrative, de-identified examples
    (that do not disclose any protected health
    information or individually identifiable
    information) of previous findings of compliance
    and noncompliance with this section, section 2726
    of the Public Health Service Act, or section 712
    of the Employee Retirement Income Security Act of
    1974, as applicable, based on investigations of
    violations of such sections, including--
    ``(I) examples illustrating
    requirements for information disclosures
    and nonquantitative treatment
    limitations; and
    ``(II) descriptions of the
    violations uncovered during the course
    of such investigations.
    ``(ii) Nonquantitative treatment
    limitations.--To the extent that any example
    described in clause (i) involves a finding of
    compliance or noncompliance with regard to any
    requirement for nonquantitative treatment
    limitations, the example shall provide sufficient
    detail to fully explain such finding, including a
    full description of the criteria involved for
    approving medical and surgical benefits and the
    criteria involved for approving mental health and
    substance use disorder benefits.
    ``(iii) Access to additional information
    regarding compliance.--In
    developing <> and issuing the
    compliance program guidance document required
    under this paragraph, the Secretaries specified in
    subparagraph (A)--
    ``(I) shall enter into interagency
    agreements with the Inspector General of
    the Department of Health and Human
    Services, the Inspector General of the
    Department of Labor, and the Inspector
    General of the Department of the
    Treasury to share findings of compliance
    and noncompliance with this section,
    section 2726 of the Public Health
    Service Act, or section 712 of the
    Employee Retirement Income Security Act
    of 1974, as applicable; and
    ``(II) shall seek to enter into an
    agreement with a State to share
    information on findings of compliance
    and noncompliance with this section,
    section 2726 of the Public Health
    Service Act, or section 712 of the
    Employee Retirement Income Security Act
    of 1974, as applicable.
    ``(C) Recommendations.--The compliance program
    guidance document shall include recommendations to
    advance compliance with this section, section 2726 of
    the Public Health Service Act, or section 712 of the
    Employee Retirement Income Security Act of 1974, as
    applicable, and encourage the development and use of
    internal controls

    [[Page 2912]]

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

    [[Page 2913]]

    issued pursuant to such respective section, or
    compliance with any other applicable law or
    regulation. Such guidance shall include
    information that is comparative in nature with
    respect to--
    ``(I) nonquantitative treatment
    limitations for both medical and
    surgical benefits and mental health and
    substance use disorder benefits;
    ``(II) the processes, strategies,
    evidentiary standards, and other factors
    used to apply the limitations described
    in subclause (I); and
    ``(III) the application of the
    limitations described in subclause (I)
    to ensure that such limitations are
    applied in parity with respect to both
    medical and surgical benefits and mental
    health and substance use disorder
    benefits.
    ``(C) Nonquantitative treatment limitations.--The
    guidance issued under this paragraph shall include
    clarifying information and illustrative examples of
    methods, processes, strategies, evidentiary standards,
    and other factors that group health plans may use
    regarding the development and application of
    nonquantitative treatment limitations to ensure
    compliance with this section, section 2726 of the Public
    Health Service Act, or section 712 of the Employee
    Retirement Income Security Act of 1974, as applicable,
    (and any regulations promulgated pursuant to such
    respective section), including--
    ``(i) examples of methods of determining
    appropriate types of nonquantitative treatment
    limitations with respect to both medical and
    surgical benefits and mental health and substance
    use disorder benefits, including nonquantitative
    treatment limitations pertaining to--
    ``(I) medical management standards
    based on medical necessity or
    appropriateness, or whether a treatment
    is experimental or investigative;
    ``(II) limitations with respect to
    prescription drug formulary design; and
    ``(III) use of fail-first or step
    therapy protocols;
    ``(ii) examples of methods of determining--
    ``(I) network admission standards
    (such as credentialing); and
    ``(II) factors used in provider
    reimbursement methodologies (such as
    service type, geographic market, demand
    for services, and provider supply,
    practice size, training, experience, and
    licensure) as such factors apply to
    network adequacy;
    ``(iii) examples of sources of information
    that may serve as evidentiary standards for the
    purposes of making determinations regarding the
    development and application of nonquantitative
    treatment limitations;
    ``(iv) examples of specific factors, and the
    evidentiary standards used to evaluate such
    factors, used by such plans in performing a
    nonquantitative treatment limitation analysis;
    ``(v) examples of how specific evidentiary
    standards may be used to determine whether
    treatments are considered experimental or
    investigative;

    [[Page 2914]]

    ``(vi) examples of how specific evidentiary
    standards may be applied to each service category
    or classification of benefits;
    ``(vii) examples of methods of reaching
    appropriate coverage determinations for new mental
    health or substance use disorder treatments, such
    as evidence-based early intervention programs for
    individuals with a serious mental illness and
    types of medical management techniques;
    ``(viii) examples of methods of reaching
    appropriate coverage determinations for which
    there is an indirect relationship between the
    covered mental health or substance use disorder
    benefit and a traditional covered medical and
    surgical benefit, such as residential treatment or
    hospitalizations involving voluntary or
    involuntary commitment; and
    ``(ix) <>  additional
    illustrative examples of methods, processes,
    strategies, evidentiary standards, and other
    factors for which the Secretary determines that
    additional guidance is necessary to improve
    compliance with this section, section 2726 of the
    Public Health Service Act, or section 712 of the
    Employee Retirement Income Security Act of 1974,
    as applicable.
    ``(D) <>  Public comment.--Prior
    to issuing any final guidance under this paragraph, the
    Secretary shall provide a public comment period of not
    less than 60 days during which any member of the public
    may provide comments on a draft of the guidance.
    ``(8) Compliance requirements.--
    ``(A) Nonquantitative treatment limitation (nqtl)
    requirements.--In the case
    of <> a group health
    plan that provides both medical and surgical benefits
    and mental health or substance use disorder benefits and
    that imposes nonquantitative treatment limitations
    (referred to in this section as `NQTLs') on mental
    health or substance use disorder benefits, such plan
    shall perform and document comparative analyses of the
    design and application of NQTLs and, beginning 45 days
    after the date of enactment of the Consolidated
    Appropriations Act, 2021, make available to the
    Secretary, upon request, the comparative analyses and
    the following information:
    ``(i) The specific plan terms or other
    relevant terms regarding the NQTLs and a
    description of all mental health or substance use
    disorder and medical or surgical benefits to which
    each such term applies in each respective benefits
    classification.
    ``(ii) The factors used to determine that the
    NQTLs will apply to mental health or substance use
    disorder benefits and medical or surgical
    benefits.
    ``(iii) <>  The evidentiary
    standards used for the factors identified in
    clause (ii), when applicable, provided that every
    factor shall be defined, and any other source or
    evidence relied upon to design and apply the NQTLs
    to mental health or substance use disorder
    benefits and medical or surgical benefits.
    ``(iv) The comparative analyses demonstrating
    that the processes, strategies, evidentiary
    standards, and

    [[Page 2915]]

    other factors used to apply the NQTLs to mental
    health or substance use disorder benefits, as
    written and in operation, are comparable to, and
    are applied no more stringently than, the
    processes, strategies, evidentiary standards, and
    other factors used to apply the NQTLs to medical
    or surgical benefits in the benefits
    classification.
    ``(v) <>  A disclosure of
    the specific findings and conclusions reached by
    the group health plan, including any results of
    the analyses described in this subparagraph that
    indicate that the plan is or is not in compliance
    with this section.
    ``(B) Secretary request process.--
    ``(i) Submission upon request.--The Secretary
    shall request that a group health plan submit the
    comparative analyses described in subparagraph (A)
    for plans that involve potential violations of
    this section or complaints regarding noncompliance
    with this section that concern NQTLs and any other
    instances in which the Secretary determines
    appropriate. The Secretary shall request not fewer
    than 20 such analyses per year.
    ``(ii) Additional information.--In instances
    in which the Secretary has concluded that the
    group health plan has not submitted sufficient
    information for the Secretary to review the
    comparative analyses described in subparagraph
    (A), as requested under clause (i), the Secretary
    shall specify to the plan the information the plan
    must submit to be responsive to the request under
    clause (i) for the Secretary to review the
    comparative analyses described in subparagraph (A)
    for compliance with this section. Nothing in this
    paragraph shall require the Secretary to conclude
    that a group health plan is in compliance with
    this section solely based upon the inspection of
    the comparative analyses described in subparagraph
    (A), as requested under clause (i).
    ``(iii) Required action.--

    ``(I) <>
    In general.--In instances in which the
    Secretary has reviewed the comparative
    analyses described in subparagraph (A),
    as requested under clause (i), and
    determined that the group health plan is
    not in compliance with this section, the
    plan--
    ``(aa) shall specify to the
    Secretary the actions the plan
    will take to be in compliance
    with this section and provide to
    the Secretary additional
    comparative analyses described
    in subparagraph (A) that
    demonstrate compliance with this
    section not later than 45 days
    after the initial determination
    by the Secretary that the plan
    is not in compliance; and

    ``(bb) <>
    following the 45-day corrective
    action period under item (aa),
    if the Secretary makes a final
    determination that the plan
    still is not in compliance with
    this section, not later than 7
    days after such determination,
    shall

    [[Page 2916]]

    notify all individuals enrolled
    in the plan that the plan has
    been determined to be not in
    compliance with this section.
    ``(II) Exemption from disclosure.--
    Documents or communications produced in
    connection with the Secretary's
    recommendations to a group health plan
    shall not be subject to disclosure
    pursuant to section 552 of title 5,
    United States Code.
    ``(iv) <>
    Report.--Not later than 1 year after the date of
    enactment of this paragraph, and not later than
    October 1 of each year thereafter, the Secretary
    shall submit to Congress, and make publicly
    available, a report that contains--
    ``(I) <>  a summary
    of the comparative analyses requested
    under clause (i), including the identity
    of each group plan that is determined to
    be not in compliance after the final
    determination by the Secretary described
    in clause (iii)(I)(bb);
    ``(II) the Secretary's conclusions
    as to whether each group health plan
    submitted sufficient information for the
    Secretary to review the comparative
    analyses requested under clause (i) for
    compliance with this section;
    ``(III) for each group health plan
    that did submit sufficient information
    for the Secretary to review the
    comparative analyses requested under
    clause (i), the Secretary's conclusions
    as to whether and why the plan is in
    compliance with the disclosure
    requirements under this section;
    ``(IV) the Secretary's
    specifications described in clause (ii)
    for each group health plan that the
    Secretary determined did not submit
    sufficient information for the Secretary
    to review the comparative analyses
    requested under clause (i) for
    compliance with this section; and
    ``(V) the Secretary's specifications
    described in clause (iii) of the actions
    each group health plan that the
    Secretary determined is not in
    compliance with this section must take
    to be in compliance with this section,
    including the reason why the Secretary
    determined the plan is not in
    compliance.
    ``(C) Compliance program guidance document update
    process.--
    ``(i) <>  In general.--The
    Secretary shall include instances of noncompliance
    that the Secretary discovers upon reviewing the
    comparative analyses requested under subparagraph
    (B)(i) in the compliance program guidance document
    described in paragraph (6), as it is updated every
    2 years, except that such instances shall not
    disclose any protected health information or
    individually identifiable information.
    ``(ii) <>  Guidance and
    regulations.--Not later than 18 months after the
    date of enactment of this paragraph, the Secretary
    shall finalize any draft or interim guidance and
    regulations relating to mental health

    [[Page 2917]]

    parity under this section. Such draft guidance
    shall include guidance to clarify the process and
    timeline for current and potential participants
    and beneficiaries (and authorized representatives
    and health care providers of such participants and
    beneficiaries) with respect to plans to file
    complaints of such plans being in violation of
    this section, including guidance, by plan type, on
    the relevant State, regional, or national office
    with which such complaints should be filed.
    ``(iii) State.--The Secretary shall share
    information on findings of compliance and
    noncompliance discovered upon reviewing the
    comparative analyses requested under subparagraph
    (B)(i) shall be shared with the State where the
    group health plan is located, in accordance with
    paragraph (6)(B)(iii)(II).''.
    (4) Medicaid and chip compliance.--
    (A) Medicaid managed care organizations.--Section
    1932(b)(8) of the Social Security Act (42 U.S.C. 1396u-
    2(b)(8)) is amended by adding at the end the following
    new sentence: ``In applying the previous sentence with
    respect to requirements under paragraph (8) of section
    2726(a) of the Public Health Service Act, a Medicaid
    managed care organization (or a prepaid inpatient health
    plan (as defined by the Secretary) or prepaid ambulatory
    health plan (as defined by the Secretary) that offers
    services to enrollees of a Medicaid managed care
    organization) shall be treated as in compliance with
    such requirements if the Medicaid managed care
    organization (or prepaid inpatient health plan or
    prepaid ambulatory health plan) is in compliance with
    subpart K of part 438 of title 42, Code of Federal
    Regulations, and section 438.3(n) of such title, or any
    successor regulation.''.
    (B) Other benchmark benefit packages or benchmark
    equivalent coverage.--Section 1937(b)(6)(A) of such Act
    (42 U.S.C. 1396u-7(b)(6)(A)) is amended--
    (i) by striking ``section 2705(a)'' and
    inserting ``section 2726(a)''; and
    (ii) by adding at the end the following new
    sentence: ``In applying the previous sentence with
    respect to requirements under paragraph (8) of
    section 2726(a) of the Public Health Service Act,
    a benchmark benefit package or benchmark
    equivalent coverage described in such sentence
    shall be treated as in compliance with such
    requirements if the State plan under this title or
    the benchmark benefit package or benefit
    equivalent coverage, as applicable, is in
    compliance with subpart C of part 440 of title 42,
    Code of Federal Regulations, or any successor
    regulation.''.
    (C) State child health plans.--Section 2103(c)(7)(A)
    of the Social Security Act (42 U.S.C. 1397cc(c)(7)(A))
    is amended--
    (i) by striking ``section 2705(a)'' and
    inserting ``section 2726(a)''; and
    (ii) by adding at the end the following new
    sentence: ``In applying <>
    the previous sentence with respect to requirements
    under paragraph (8) of section 2726(a) of the
    Public Health Service Act, a State child health

    [[Page 2918]]

    plan described in such sentence shall be treated
    as in compliance with such requirements if the
    State child health plan is in compliance with
    section 457.496 of title 42, Code of Federal
    Regulations, or any successor regulation.''.

    (b) <>  Guidance.--The Secretary of Health
    and Human Services, jointly with the Secretary of Labor and the
    Secretary of the Treasury, shall issue guidance to carry out the
    amendments made by paragraphs (1), (2), and (3) of subsection (a).
    SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as amended by section 201, is further amended
    by adding at the end the following:
    ``SEC. 2799A-10. <>  REPORTING ON
    PHARMACY BENEFITS AND DRUG COSTS.

    ``(a) <>  In General.--Not later than 1 year after
    the date of enactment of the Consolidated Appropriations Act, 2021, and
    not later than June 1 of each year thereafter, a group health plan or
    health insurance issuer offering group or individual health insurance
    coverage (except for a church plan) shall submit to the Secretary, the
    Secretary of Labor, and the Secretary of the Treasury the following
    information with respect to the health plan or coverage in the previous
    plan year:
    ``(1) The beginning and end dates of the plan year.
    ``(2) The number of enrollees.
    ``(3) Each State in which the plan or coverage is offered.
    ``(4) The 50 brand prescription drugs most frequently
    dispensed by pharmacies for claims paid by the plan or coverage,
    and the total number of paid claims for each such drug.
    ``(5) The 50 most costly prescription drugs with respect to
    the plan or coverage by total annual spending, and the annual
    amount spent by the plan or coverage for each such drug.
    ``(6) The 50 prescription drugs with the greatest increase
    in plan expenditures over the plan year preceding the plan year
    that is the subject of the report, and, for each such drug, the
    change in amounts expended by the plan or coverage in each such
    plan year.
    ``(7) Total spending on health care services by such group
    health plan or health insurance coverage, broken down by--
    ``(A) the type of costs, including--
    ``(i) hospital costs;
    ``(ii) health care provider and clinical
    service costs, for primary care and specialty care
    separately;
    ``(iii) costs for prescription drugs; and
    ``(iv) other medical costs, including wellness
    services; and
    ``(B) spending on prescription drugs by--
    ``(i) the health plan or coverage; and
    ``(ii) the enrollees.
    ``(8) The average monthly premium--
    ``(A) paid by employers on behalf of enrollees, as
    applicable; and
    ``(B) paid by enrollees.
    ``(9) Any impact on premiums by rebates, fees, and any other
    remuneration paid by drug manufacturers to the plan

    [[Page 2919]]

    or coverage or its administrators or service providers, with
    respect to prescription drugs prescribed to enrollees in the
    plan or coverage, including--
    ``(A) the amounts so paid for each therapeutic class
    of drugs; and
    ``(B) the amounts so paid for each of the 25 drugs
    that yielded the highest amount of rebates and other
    remuneration under the plan or coverage from drug
    manufacturers during the plan year.
    ``(10) Any reduction in premiums and out-of-pocket costs
    associated with rebates, fees, or other remuneration described
    in paragraph (9).

    ``(b) <>  Report.--Not later than
    18 months after the date on which the first report is required under
    subsection (a) and biannually thereafter, the Secretary, acting through
    the Assistant Secretary of Planning and Evaluation and in coordination
    with the Inspector General of the Department of Health and Human
    Services, shall make available on the internet website of the Department
    of Health and Human Services a report on prescription drug
    reimbursements under group health plans and group and individual health
    insurance coverage, prescription drug pricing trends, and the role of
    prescription drug costs in contributing to premium increases or
    decreases under such plans or coverage, aggregated in such a way as no
    drug or plan specific information will be made public.

    ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
    (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by section 201, is further amended by adding at the
    end the following:
    ``SEC. 725. <>  REPORTING ON PHARMACY
    BENEFITS AND DRUG COSTS.

    ``(a) <>  In General.--Not later than 1 year after
    the date of enactment of the Consolidated Appropriations Act, 2021, and
    not later than June 1 of each year thereafter, a group health plan (or
    health insurance coverage offered in connection with such a plan) shall
    submit to the Secretary, the Secretary of Health and Human Services, and
    the Secretary of the Treasury the following information with respect to
    the health plan or coverage in the previous plan year:
    ``(1) The beginning and end dates of the plan year.
    ``(2) The number of participants and beneficiaries.
    ``(3) Each State in which the plan or coverage is offered.
    ``(4) The 50 brand prescription drugs most frequently
    dispensed by pharmacies for claims paid by the plan or coverage,
    and the total number of paid claims for each such drug.
    ``(5) The 50 most costly prescription drugs with respect to
    the plan or coverage by total annual spending, and the annual
    amount spent by the plan or coverage for each such drug.
    ``(6) The 50 prescription drugs with the greatest increase
    in plan expenditures over the plan year preceding the plan year
    that is the subject of the report, and, for each such drug, the
    change in amounts expended by the plan or coverage in each such
    plan year.

    [[Page 2920]]

    ``(7) Total spending on health care services by such group
    health plan or health insurance coverage, broken down by--
    ``(A) the type of costs, including--
    ``(i) hospital costs;
    ``(ii) health care provider and clinical
    service costs, for primary care and specialty care
    separately;
    ``(iii) costs for prescription drugs; and
    ``(iv) other medical costs, including wellness
    services; and
    ``(B) spending on prescription drugs by--
    ``(i) the health plan or coverage; and
    ``(ii) the participants and beneficiaries.
    ``(8) The average monthly premium--
    ``(A) paid by employers on behalf of participants
    and beneficiaries, as applicable; and
    ``(B) paid by participants and beneficiaries.
    ``(9) Any impact on premiums by rebates, fees, and any other
    remuneration paid by drug manufacturers to the plan or coverage
    or its administrators or service providers, with respect to
    prescription drugs prescribed to participants or beneficiaries
    in the plan or coverage, including--
    ``(A) the amounts so paid for each therapeutic class
    of drugs; and
    ``(B) the amounts so paid for each of the 25 drugs
    that yielded the highest amount of rebates and other
    remuneration under the plan or coverage from drug
    manufacturers during the plan year.
    ``(10) Any reduction in premiums and out-of-pocket costs
    associated with rebates, fees, or other remuneration described
    in paragraph (9).

    ``(b) <>  Report.--Not later than
    18 months after the date on which the first report is required under
    subsection (a) and biannually thereafter, the Secretary, acting in
    coordination with the Inspector General of the Department of Labor,
    shall make available on the internet website of the Department of Labor
    a report on prescription drug reimbursements under group health plans
    (or health insurance coverage offered in connection with such a plan),
    prescription drug pricing trends, and the role of prescription drug
    costs in contributing to premium increases or decreases under such plans
    or coverage, aggregated in such a way as no drug or plan specific
    information will be made public.

    ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
    (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by section 201, is further amended by adding at the
    end the following:
    ``SEC. 9825. <>  REPORTING ON PHARMACY
    BENEFITS AND DRUG COSTS.

    ``(a) <>  In General.--Not later than 1 year after
    the date of enactment of the Consolidated Appropriations Act, 2021, and
    not later than June 1 of each year thereafter, a group health plan shall
    submit to the Secretary, the Secretary of Health and Human Services, and
    the Secretary of Labor the following information with respect to the
    health plan in the previous plan year:
    ``(1) The beginning and end dates of the plan year.
    ``(2) The number of participants and beneficiaries.

    [[Page 2921]]

    ``(3) Each State in which the plan is offered.
    ``(4) The 50 brand prescription drugs most frequently
    dispensed by pharmacies for claims paid by the plan, and the
    total number of paid claims for each such drug.
    ``(5) The 50 most costly prescription drugs with respect to
    the plan by total annual spending, and the annual amount spent
    by the plan for each such drug.
    ``(6) The 50 prescription drugs with the greatest increase
    in plan expenditures over the plan year preceding the plan year
    that is the subject of the report, and, for each such drug, the
    change in amounts expended by the plan in each such plan year.
    ``(7) Total spending on health care services by such group
    health plan, broken down by--
    ``(A) the type of costs, including--
    ``(i) hospital costs;
    ``(ii) health care provider and clinical
    service costs, for primary care and specialty care
    separately;
    ``(iii) costs for prescription drugs; and
    ``(iv) other medical costs, including wellness
    services; and
    ``(B) spending on prescription drugs by--
    ``(i) the health plan; and
    ``(ii) the participants and beneficiaries.
    ``(8) The average monthly premium--
    ``(A) paid by employers on behalf of participants
    and beneficiaries, as applicable; and
    ``(B) paid by participants and beneficiaries.
    ``(9) Any impact on premiums by rebates, fees, and any other
    remuneration paid by drug manufacturers to the plan or its
    administrators or service providers, with respect to
    prescription drugs prescribed to participants or beneficiaries
    in the plan, including--
    ``(A) the amounts so paid for each therapeutic class
    of drugs; and
    ``(B) the amounts so paid for each of the 25 drugs
    that yielded the highest amount of rebates and other
    remuneration under the plan from drug manufacturers
    during the plan year.
    ``(10) Any reduction in premiums and out-of-pocket costs
    associated with rebates, fees, or other remuneration described
    in paragraph (9).

    ``(b) <>  Report.--Not later than
    18 months after the date on which the first report is required under
    subsection (a) and biannually thereafter, the Secretary, acting in
    coordination with the Inspector General of the Department of the
    Treasury, shall make available on the internet website of the Department
    of the Treasury a report on prescription drug reimbursements under group
    health plans, prescription drug pricing trends, and the role of
    prescription drug costs in contributing to premium increases or
    decreases under such plans, aggregated in such a way as no drug or plan
    specific information will be made public.

    ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
    (d) Clerical Amendments.--

    [[Page 2922]]

    (1) ERISA.--The table of contents in section 1 of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
    et seq.), as amended by section 201, is further amended by
    inserting after the item relating to section 724 the following
    new item:

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

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

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

    TITLE III--PUBLIC HEALTH PROVISIONS

    Subtitle A--Extenders Provisions

    SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL
    HEALTH SERVICE CORPS, AND TEACHING
    HEALTH CENTERS THAT OPERATE GME
    PROGRAMS.

    (a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
    Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
    amended by striking ``, $4,000,000,000 for fiscal year 2019,
    $4,000,000,000 for fiscal year 2020, and $865,753,425 for the period
    beginning on October 1, 2020, and ending on December 18, 2020'' and
    inserting ``and $4,000,000,000 for each of fiscal years 2019 through
    2023''.
    (b) National Health Service Corps.--Section 10503(b)(2)(H) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
    is amended by striking `` $67,095,890 for the period beginning on
    October 1, 2020, and ending on December 18, 2020'' and inserting ``
    $310,000,000 for each of fiscal years 2021 through 2023''.
    (c) Teaching Health Centers That Operate Graduate Medical Education
    Programs.--Section 340H(g)(1) of the Public Health Service Act (42
    U.S.C. 256h(g)(1)) is amended--
    (1) by inserting ``and'' after ``2017,''; and
    (2) by striking ``fiscal year 2020, and $27,379,452 for the
    period beginning on October 1, 2020, and ending on December 18,
    2020'' and inserting ``2023''.

    (d) Application of Provisions.--Amounts appropriated pursuant to the
    amendments made by this section for fiscal years 2021 through 2023 shall
    be subject to the requirements contained in Public Law 116-94 for funds
    for programs authorized under sections 330 through 340 of the Public
    Health Service Act.
    (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
    title 18, United States Code, as amended by section 1201(e) of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended by striking ``and section 1201(d) of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act'' and inserting ``,
    section 1201(d) of the Further Continuing Appropriations Act, 2021, and
    Other Extensions Act,

    [[Page 2923]]

    and section 301(d) of division BB of the Consolidated Appropriations
    Act, 2021.''.
    SEC. 302. DIABETES PROGRAMS.

    (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.
    (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.

    Subtitle B--Strengthening Public Health

    SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.

    (a) <>  In General.--The Public Health Service Act is
    amended by striking section 313 of such Act (42 U.S.C. 245) and
    inserting the following:
    ``SEC. 313. <>  PUBLIC AWARENESS CAMPAIGN ON
    THE IMPORTANCE OF VACCINATIONS.

    ``(a) <>  In General.--The
    Secretary, acting through the Director of the Centers for Disease
    Control and Prevention and in coordination with other offices and
    agencies, as appropriate, shall award competitive grants or contracts to
    one or more public or private entities to carry out a national,
    evidence-based campaign to increase awareness and knowledge of the
    safety and effectiveness of vaccines for the prevention and control of
    diseases, combat misinformation about vaccines, and disseminate
    scientific and evidence-based vaccine-related information, with the goal
    of increasing rates of vaccination across all ages, as applicable,
    particularly in communities with low rates of vaccination, to reduce and
    eliminate vaccine-preventable diseases.

    ``(b) Consultation.--In carrying out the campaign under this
    section, the Secretary shall consult with appropriate public health and
    medical experts, including the National Academy of Medicine and medical
    and public health associations and nonprofit organizations, in the
    development, implementation, and evaluation of the evidence-based public
    awareness campaign.
    ``(c) Requirements.--The campaign under this section shall--
    ``(1) be a nationwide, evidence-based media and public
    engagement initiative;
    ``(2) include the development of resources for communities
    with low rates of vaccination, including culturally and
    linguistically appropriate resources, as applicable;
    ``(3) include the dissemination of vaccine information and
    communication resources to public health departments, health
    care providers, and health care facilities, including such
    providers and facilities that provide prenatal and pediatric
    care;
    ``(4) be complementary to, and coordinated with, any other
    Federal, State, local, or Tribal efforts, as appropriate; and
    ``(5) <>  assess the effectiveness of
    communication strategies to increase rates of vaccination.

    ``(d) Additional Activities.--The campaign under this section may--

    [[Page 2924]]

    ``(1) include the use of television, radio, the internet,
    and other media and telecommunications technologies;
    ``(2) include the use of in-person activities;
    ``(3) be focused to address specific needs of communities
    and populations with low rates of vaccination; and
    ``(4) include the dissemination of scientific and evidence-
    based vaccine-related information, such as--
    ``(A) advancements in evidence-based research
    related to diseases that may be prevented by vaccines
    and vaccine development;
    ``(B) information on vaccinations for individuals
    and communities, including individuals for whom vaccines
    are not recommended by the Advisory Committee for
    Immunization Practices, and the effects of low
    vaccination rates within a community on such
    individuals;
    ``(C) information on diseases that may be prevented
    by vaccines; and
    ``(D) information on vaccine safety and the systems
    in place to monitor vaccine safety.

    ``(e) Evaluation.--The Secretary shall--
    ``(1) establish benchmarks and metrics to quantitatively
    measure and evaluate the awareness campaign under this section;
    ``(2) <>  conduct qualitative
    assessments regarding the awareness campaign under this section;
    and
    ``(3) prepare and submit to the Committee on Health,
    Education, Labor, and Pensions of the Senate and Committee on
    Energy and Commerce of the House of Representatives an
    evaluation of the awareness campaign under this section.

    ``(f) Supplement Not Supplant.--Funds appropriated under this
    section shall be used to supplement and not supplant other Federal,
    State, and local public funds provided for activities described in this
    section.
    ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section and subsections (k) and (n) of
    section 317, $15,000,000 for each of fiscal years 2021 through 2025.''.
    (b) Grants to Address Vaccine-preventable Diseases.--Section 317 of
    the Public Health Service Act (42 U.S.C. 247b) is amended--
    (1) in subsection (k)(1)--
    (A) in subparagraph (C), by striking ``; and'' and
    inserting a semicolon;
    (B) in subparagraph (D), by striking the period and
    inserting a semicolon; and
    (C) by adding at the end the following:
    ``(E) planning, implementation, and evaluation of activities
    to address vaccine-preventable diseases, including activities
    to--
    ``(i) identify communities at high risk of outbreaks
    related to vaccine-preventable diseases, including
    through improved data collection and analysis;
    ``(ii) pilot innovative approaches to improve
    vaccination rates in communities and among populations
    with low rates of vaccination;

    [[Page 2925]]

    ``(iii) reduce barriers to accessing vaccines and
    evidence-based information about the health effects of
    vaccines;
    ``(iv) partner with community organizations and
    health care providers to develop and deliver evidence-
    based interventions, including culturally and
    linguistically appropriate interventions, to increase
    vaccination rates;
    ``(v) improve delivery of evidence-based vaccine-
    related information to parents and others; and
    ``(vi) improve the ability of State, local, Tribal,
    and territorial public health departments to engage
    communities at high risk for outbreaks related to
    vaccine-preventable diseases, including, as appropriate,
    with local educational agencies, as defined in section
    8101 of the Elementary and Secondary Education Act of
    1965; and
    ``(F) research related to strategies for improving awareness
    of scientific and evidence-based vaccine-related information,
    including for communities with low rates of vaccination, in
    order to understand barriers to vaccination, improve vaccination
    rates, and assess the public health outcomes of such
    strategies.''; and
    (2) by adding at the end the following:

    ``(n) <>  Vaccination Data.--The
    Secretary, acting through the Director of the Centers for Disease
    Control and Prevention, shall expand and enhance, and, as appropriate,
    establish and improve, programs and conduct activities to collect,
    monitor, and analyze vaccination coverage data to assess levels of
    protection from vaccine-preventable diseases, including by assessing
    factors contributing to underutilization of vaccines and variations of
    such factors, and identifying communities at high risk of outbreaks
    associated with vaccine-preventable diseases.''.

    (c) Supplemental Grant Funds.--Section 330(d)(1) of the Public
    Health Service Act (42 U.S.C. 254b) is amended--
    (1) in subparagraph (F), by striking ``and'' at the end;
    (2) in subparagraph (G), by striking the period and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(H) improving access to recommended
    immunizations.''.

    (d) Update of 2015 NVAC Report.--The National Vaccine Advisory
    Committee established under section 2105 of the Public Health Service
    Act (42 U.S.C. 300aa-5) shall, as appropriate, update the report
    entitled, ``Assessing the State of Vaccine Confidence in the United
    States: Recommendations from the National Vaccine Advisory Committee'',
    approved by the National Vaccine Advisory Committee on June 10, 2015,
    with respect to factors affecting childhood vaccination.
    SEC. 312. <>  GUIDE ON EVIDENCE-BASED
    STRATEGIES FOR PUBLIC HEALTH DEPARTMENT
    OBESITY PREVENTION PRO-
    GRAMS.

    (a) Development and Dissemination of an Evidence-based Strategies
    Guide.--The Secretary <> of Health and Human Services
    (referred to in this section as the ``Secretary''), acting through the
    Director of the Centers for Disease Control and Prevention, not later
    than 2 years after the date of enactment of this Act, may--

    [[Page 2926]]

    (1) <>  develop a
    guide on evidence-based strategies for State, territorial, and
    local health departments to use to build and maintain effective
    obesity prevention and reduction programs, and, in consultation
    with Indian Tribes, Tribal organizations, and urban Indian
    organizations, a guide on such evidence-based strategies with
    respect to Indian Tribes and Tribal organizations for such
    Indian Tribes and Tribal organizations to use for such purpose,
    both of which guides shall--
    (A) describe an integrated program structure for
    implementing interventions proven to be effective in
    preventing and reducing the incidence of obesity; and
    (B) <>  recommend--
    (i) optimal resources, including staffing and
    infrastructure, for promoting nutrition and
    obesity prevention and reduction; and
    (ii) strategies for effective obesity
    prevention programs for State, territorial, and
    local health departments, Indian Tribes, and
    Tribal organizations, including strategies related
    to--
    (I) the application of evidence-
    based and evidence-informed practices to
    prevent and reduce obesity rates;
    (II) the development,
    implementation, and evaluation of
    obesity prevention and reduction
    strategies for specific communities and
    populations;
    (III) demonstrated knowledge of
    obesity prevention practices that reduce
    associated preventable diseases, health
    conditions, death, and health care
    costs;
    (IV) best practices for the
    coordination of efforts to prevent and
    reduce obesity and related chronic
    diseases;
    (V) addressing the underlying risk
    factors and social determinants of
    health that impact obesity rates; and
    (VI) interdisciplinary coordination
    between relevant public health officials
    specializing in fields such as
    nutrition, physical activity,
    epidemiology, communications, and policy
    implementation, and collaboration
    between public health officials,
    community-based organizations, and
    others, as appropriate; and
    (2) disseminate the guides and current research, evidence-
    based practices, tools, and educational materials related to
    obesity prevention, consistent with the guides, to State,
    territorial, and local health departments, Indian Tribes, and
    Tribal organizations.

    (b) Technical Assistance.--The Secretary, acting through the
    Director of the Centers for Disease Control and Prevention, shall
    provide technical assistance to State, territorial, and local health
    departments, Indian Tribes, and Tribal organizations to support such
    health departments in implementing the guide developed under subsection
    (a)(1).
    (c) <>  Indian Tribes; Tribal Organizations;
    Urban Indian Organizations.--In this section--

    [[Page 2927]]

    (1) the terms ``Indian Tribe'' and ``Tribal organization''
    have the meanings given the terms ``Indian tribe'' and ``tribal
    organization'', respectively, in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5304); and
    (2) the term ``urban Indian organization'' has the meaning
    given such term in section 4 of the Indian Health Care
    Improvement Act (25 U.S.C. 1603).
    SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

    Title III of the Public Health Service Act is amended by inserting
    after section 330M (42 U.S.C. 254c-19) the following:
    ``SEC. 330N. <>  EXPANDING CAPACITY FOR
    HEALTH OUTCOMES.

    ``(a) Definitions.--In this section:
    ``(1) Eligible entity.--The term `eligible entity' means an
    entity that provides, or supports the provision of, health care
    services in rural areas, frontier areas, health professional
    shortage areas, or medically underserved areas, or to medically
    underserved populations or Native Americans, including Indian
    Tribes, Tribal organizations, and urban Indian organizations,
    and which may include entities leading, or capable of leading, a
    technology-enabled collaborative learning and capacity building
    model or engaging in technology-enabled collaborative training
    of participants in such model.
    ``(2) Health professional shortage area.--The term `health
    professional shortage area' means a health professional shortage
    area designated under section 332.
    ``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal
    organization' have the meanings given the terms `Indian tribe'
    and `tribal organization' in section 4 of the Indian Self-
    Determination and Education Assistance Act.
    ``(4) Medically underserved population.--The term `medically
    underserved population' has the meaning given the term in
    section 330(b)(3).
    ``(5) Native americans.--The term `Native Americans' has the
    meaning given the term in section 736 and includes Indian Tribes
    and Tribal organizations.
    ``(6) Technology-enabled collaborative learning and capacity
    building model.--The term `technology-enabled collaborative
    learning and capacity building model' means a distance health
    education model that connects health care professionals, and
    particularly specialists, with multiple other health care
    professionals through simultaneous interactive videoconferencing
    for the purpose of facilitating case-based learning,
    disseminating best practices, and evaluating outcomes.
    ``(7) Urban indian organization.--The term `urban Indian
    organization' has the meaning given the term in section 4 of the
    Indian Health Care Improvement Act.

    ``(b) <>  Program Established.--The
    Secretary shall, as appropriate, award grants to evaluate, develop, and,
    as appropriate, expand the use of technology-enabled collaborative
    learning and capacity building models, to improve retention of health
    care providers and increase access to health care services, such as
    those to address chronic diseases and conditions, infectious diseases,
    mental health, substance use disorders, prenatal and maternal health,
    pediatric care, pain management, palliative care, and other specialty
    care in rural areas, frontier areas, health professional

    [[Page 2928]]

    shortage areas, or medically underserved areas and for medically
    underserved populations or Native Americans.

    ``(c) Use of Funds.--
    ``(1) In general.--Grants awarded under subsection (b) shall
    be used for--
    ``(A) the development and acquisition of
    instructional programming, and the training of health
    care providers and other professionals that provide or
    assist in the provision of services through models
    described in subsection (b), such as training on best
    practices for data collection and leading or
    participating in such technology-enabled activities
    consistent with technology-enabled collaborative
    learning and capacity-building models;
    ``(B) information collection and evaluation
    activities to study the impact of such models on patient
    outcomes and health care providers, and to identify best
    practices for the expansion and use of such models; or
    ``(C) other activities consistent with achieving the
    objectives of the grants awarded under this section, as
    determined by the Secretary.
    ``(2) Other uses.--In addition to any of the uses under
    paragraph (1), grants awarded under subsection (b) may be used
    for--
    ``(A) equipment to support the use and expansion of
    technology-enabled collaborative learning and capacity
    building models, including for hardware and software
    that enables distance learning, health care provider
    support, and the secure exchange of electronic health
    information; or
    ``(B) support for health care providers and other
    professionals that provide or assist in the provision of
    services through such models.

    ``(d) Length of Grants.--Grants awarded under subsection (b) shall
    be for a period of up to 5 years.
    ``(e) Grant Requirements.--The Secretary may require entities
    awarded a grant under this section to collect information on the effect
    of the use of technology-enabled collaborative learning and capacity
    building models, such as on health outcomes, access to health care
    services, quality of care, and provider retention in areas and
    populations described in subsection
    (b). <>  The Secretary may
    award a grant or contract to assist in the coordination of such models,
    including to assess outcomes associated with the use of such models in
    grants awarded under subsection (b), including for the purpose described
    in subsection (c)(1)(B).

    ``(f) Application.--An eligible entity that seeks to receive a grant
    under subsection (b) shall submit to the Secretary an application, at
    such time, in such manner, and containing such information as the
    Secretary may require. <>  Such application shall
    include plans to assess the effect of technology-enabled collaborative
    learning and capacity building models on patient outcomes and health
    care providers.

    ``(g) <>  Access to Broadband.--In
    administering grants under this section, the Secretary may coordinate
    with other agencies to ensure that funding opportunities are available
    to support access to reliable, high-speed internet for grantees.

    ``(h) <>  Technical Assistance.--The Secretary
    shall provide (either directly through the Department of Health and
    Human

    [[Page 2929]]

    Services or by contract) technical assistance to eligible entities,
    including recipients of grants under subsection (b), on the development,
    use, and evaluation of technology-enabled collaborative learning and
    capacity building models in order to expand access to health care
    services provided by such entities, including for medically underserved
    areas and to medically underserved populations or Native Americans.

    ``(i) <>  Research and
    Evaluation.--The Secretary, in consultation with stakeholders with
    appropriate expertise in such models, shall develop a strategic plan to
    research and evaluate the evidence for such models. The Secretary shall
    use such plan to inform the activities carried out under this section.

    ``(j) <>  Report by Secretary.--Not later than 4
    years after the date of enactment of this section, the Secretary shall
    prepare and submit to the Committee on Health, Education, Labor, and
    Pensions of the Senate and the Committee on Energy and Commerce of the
    House of Representatives, and post on the internet website of the
    Department of Health and Human Services, a report including, at
    minimum--
    ``(1) a description of any new and continuing grants awarded
    to entities under subsection (b) and the specific purpose and
    amounts of such grants;
    ``(2) an overview of--
    ``(A) the evaluations conducted under subsections
    (b);
    ``(B) technical assistance provided under subsection
    (h); and
    ``(C) activities conducted by entities awarded
    grants under subsection (b); and
    ``(3) a description of any significant findings or
    developments related to patient outcomes or health care
    providers and best practices for eligible entities expanding,
    using, or evaluating technology-enabled collaborative learning
    and capacity building models, including through the activities
    described in subsection (h).

    ``(k) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2022 through 2026.''.
    SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

    Subtitle C of title XXVIII of the Public Health Service Act (42
    U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:
    ``SEC. 2823. <>  PUBLIC HEALTH DATA SYSTEM
    MODERNIZATION.

    ``(a) Expanding CDC and Public Health Department Capabilities.--
    ``(1) In general.--The Secretary, acting through the
    Director of the Centers for Disease Control and Prevention,
    shall--
    ``(A) conduct activities to expand, modernize,
    improve, and sustain applicable public health data
    systems used by the Centers for Disease Control and
    Prevention, including with respect to the
    interoperability and improvement of such systems
    (including as it relates to preparedness for, prevention
    and detection of, and response to public health
    emergencies); and
    ``(B) <>  award grants or
    cooperative agreements to State, local, Tribal, or
    territorial public health departments for

    [[Page 2930]]

    the expansion and modernization of public health data
    systems, to assist public health departments and public
    health laboratories in--
    ``(i) <>  assessing
    current data infrastructure capabilities and gaps
    to--
    ``(I) improve and increase
    consistency in data collection, storage,
    and analysis; and
    ``(II) as appropriate, improve
    dissemination of public health-related
    information;
    ``(ii) improving secure public health data
    collection, transmission, exchange, maintenance,
    and analysis, including with respect to
    demographic data, as appropriate;
    ``(iii) improving the secure exchange of data
    between the Centers for Disease Control and
    Prevention, State, local, Tribal, and territorial
    public health departments, public health
    laboratories, public health organizations, and
    health care providers, including by public health
    officials in multiple jurisdictions within such
    State, as appropriate, and by simplifying and
    supporting reporting by health care providers, as
    applicable, pursuant to State law, including
    through the use of health information technology;
    ``(iv) enhancing the interoperability of
    public health data systems (including systems
    created or accessed by public health departments)
    with health information technology, including with
    health information technology certified under
    section 3001(c)(5);
    ``(v) supporting and training data systems,
    data science, and informatics personnel;
    ``(vi) supporting earlier disease and health
    condition detection, such as through near real-
    time data monitoring, to support rapid public
    health responses;
    ``(vii) supporting activities within the
    applicable jurisdiction related to the expansion
    and modernization of electronic case reporting;
    and
    ``(viii) developing and disseminating
    information related to the use and importance of
    public health data.
    ``(2) <>  Data standards.--In carrying
    out paragraph (1), the Secretary, acting through the Director of
    the Centers for Disease Control and Prevention, shall, as
    appropriate and in consultation with the Office of the National
    Coordinator for Health Information Technology, designate data
    and technology standards (including standards for
    interoperability) for public health data systems, with deference
    given to standards published by consensus-based standards
    development organizations with public input and voluntary
    consensus-based standards bodies.
    ``(3) Public-private partnerships.--The Secretary may
    develop and utilize public-private partnerships for technical
    assistance, training, and related implementation support for
    State, local, Tribal, and territorial public health departments,
    and the Centers for Disease Control and Prevention, on the
    expansion and modernization of electronic case reporting and
    public health data systems, as applicable.

    ``(b) Requirements.--

    [[Page 2931]]

    ``(1) Health information technology standards.--The
    Secretary may not award a grant or cooperative agreement under
    subsection (a)(1)(B) unless the applicant uses or agrees to use
    standards endorsed by the National Coordinator for Health
    Information Technology pursuant to section 3001(c)(1) or adopted
    by the Secretary under section 3004.
    ``(2) <>  Waiver.--The Secretary may
    waive the requirement under paragraph (1) with respect to an
    applicant if the Secretary determines that the activities under
    subsection (a)(1)(B) cannot otherwise be carried out within the
    applicable jurisdiction.
    ``(3) Application.--A State, local, Tribal, or territorial
    health department applying for a grant or cooperative agreement
    under this section shall submit an application to the Secretary
    at such time and in such manner as the Secretary may require.
    Such application shall include information describing--
    ``(A) the activities that will be supported by the
    grant or cooperative agreement; and
    ``(B) how the modernization of the public health
    data systems involved will support or impact the public
    health infrastructure of the health department,
    including a description of remaining gaps, if any, and
    the actions needed to address such gaps.

    ``(c) <>  Strategy and Implementation Plan.--Not
    later than 180 days after the date of enactment of this section, the
    Secretary, acting through the Director of the Centers for Disease
    Control and Prevention, shall submit to the Committee on Health,
    Education, Labor, and Pensions of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a coordinated strategy and
    an accompanying implementation plan that identifies and demonstrates the
    measures the Secretary will utilize to--
    ``(1) update and improve applicable public health data
    systems used by the Centers for Disease Control and Prevention;
    and
    ``(2) carry out the activities described in this section to
    support the improvement of State, local, Tribal, and territorial
    public health data systems.

    ``(d) Consultation.--The Secretary, acting through the Director of
    the Centers for Disease Control and Prevention, shall consult with
    State, local, Tribal, and territorial health departments, professional
    medical and public health associations, associations representing
    hospitals or other health care entities, health information technology
    experts, and other appropriate public or private entities regarding the
    plan and grant program to modernize public health data systems pursuant
    to this section. Activities under this subsection may include the
    provision of technical assistance and training related to the exchange
    of information by such public health data systems used by relevant
    health care and public health entities at the local, State, Federal,
    Tribal, and territorial levels, and the development and utilization of
    public-private partnerships for implementation support applicable to
    this section.
    ``(e) Report to Congress.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall submit a report to the
    Committee on Health, Education, Labor, and Pensions

    [[Page 2932]]

    of the Senate and the Committee on Energy and Commerce of the House of
    Representatives that includes--
    ``(1) a description of any barriers to--
    ``(A) public health authorities implementing
    interoperable public health data systems and electronic
    case reporting;
    ``(B) the exchange of information pursuant to
    electronic case reporting;
    ``(C) reporting by health care providers using such
    public health data systems, as appropriate, and pursuant
    to State law; or
    ``(D) improving demographic data collection or
    analysis;
    ``(2) <>  an assessment of the potential
    public health impact of implementing electronic case reporting
    and interoperable public health data systems; and
    ``(3) a description of the activities carried out pursuant
    to this section.

    ``(f) <>  Electronic Case Reporting.--In this
    section, the term `electronic case reporting' means the automated
    identification, generation, and bilateral exchange of reports of health
    events among electronic health record or health information technology
    systems and public health authorities.

    ``(g) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $100,000,000 for each of fiscal
    years 2021 through 2025.''.
    SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.

    Section 520E(b) of the Public Health Service Act (42 U.S.C. 290bb-
    36(b) is amended by inserting after paragraph (3) the following:
    ``(4) Consultation.--An entity described in paragraph (1)(A)
    or (1)(B) that applies for a grant or cooperative agreement
    under this section shall agree to consult or confer with
    entities described in paragraph (1)(C) and Native Hawaiian
    Health Care Systems, as applicable, in the applicable State with
    respect to the development and implementation of a statewide
    early intervention strategy.''.
    SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH
    EDUCATION AND AWARENESS REQUIRES
    LEARNING YOUNG ACT OF 2009.

    Section 399NN(h) of the Public Health Service Act (42 U.S.C.
    280m(h)) is amended by striking `` $4,900,000 for each of fiscal years
    2015 through 2019'' and inserting `` $9,000,000 for each of fiscal years
    2022 through 2026''.
    SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.

    Section 399Z-1(l) of the Public Health Service Act (42 U.S.C. 280h-
    5(l)) is amended by striking ``2010 through 2014'' and inserting ``2022
    through 2026''.

    Subtitle C--FDA Amendments

    SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
    EXTENSION.

    Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360ff(b)(5)) is amended--

    [[Page 2933]]

    (1) by striking ``December 18, 2020'' each place it appears
    and inserting ``September 30, 2024''; and
    (2) in subparagraph (B), by striking ``December 18, 2022''
    and inserting ``September 30, 2026''.
    SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL PRODUCTS.

    Section 351(k)(2)(A)(iii) of the Public Health Service Act (42
    U.S.C. 262(k)(2)(A)(iii)) is amended--
    (1) in subclause (I), by striking ``; and'' and inserting a
    semicolon;
    (2) in subclause (II), by striking the period and inserting
    ``; and''; and
    (3) by adding at the end the following:
    ``(III) may include information to
    show that the conditions of use
    prescribed, recommended, or suggested in
    the labeling proposed for the biological
    product have been previously approved
    for the reference product.''.
    SEC. 323. ORPHAN DRUG CLARIFICATION.

    Section 527(c) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360cc(c)) is amended by adding at the end the following:
    ``(3) Applicability.--This subsection applies to any drug
    designated under section 526 for which an application was
    approved under section 505 of this Act or licensed under section
    351 of the Public Health Service Act after the date of enactment
    of the FDA Reauthorization Act of 2017, regardless of the date
    on which such drug was designated under section 526.''.
    SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.

    Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351
    et seq.) is amended by inserting after section 503C the following:
    ``SEC. 503D. <>  PROCESS TO UPDATE LABELING
    FOR CERTAIN GENERIC DRUGS.

    ``(a) Definitions.--For purposes of this section:
    ``(1) The term `covered drug' means a drug approved under
    section 505(c)--
    ``(A) for which there are no unexpired patents
    included in the list under section 505(j)(7) and no
    unexpired period of exclusivity;
    ``(B) for which the approval of the application has
    been withdrawn for reasons other than safety or
    effectiveness; and
    ``(C) for which--
    ``(i)(I) there is new scientific evidence
    available pertaining to new or existing conditions
    of use that is not reflected in the approved
    labeling;
    ``(II) the approved labeling does not reflect
    current legal and regulatory requirements for
    content or format; or
    ``(III) there is a relevant accepted use in
    clinical practice that is not reflected in the
    approved labeling; and
    ``(ii) updating the approved labeling would
    benefit the public health.

    [[Page 2934]]

    ``(2) The term `period of exclusivity', with respect to a
    drug approved under section 505(c), means any period of
    exclusivity under clause (ii), (iii), or (iv) of section
    505(c)(3)(E), clause (ii), (iii), or (iv) of section
    505(j)(5)(F), or section 505A, 505E, or 527.
    ``(3) The term `generic version' means a drug approved under
    section 505(j) whose reference listed drug is a covered drug.
    ``(4) The term `relevant accepted use' means a use for a
    drug in clinical practice that is supported by scientific
    evidence that appears to the Secretary to meet the standards for
    approval under section 505.
    ``(5) The term `selected drug' means a covered drug for
    which the Secretary has determined through the process under
    subsection (c) that the labeling should be changed.

    ``(b) Identification of Covered Drugs.--The Secretary may identify
    covered drugs for which labeling updates would provide a public health
    benefit. To assist in identifying covered drugs, the Secretary may do
    one or both of the following:
    ``(1) <>  Enter into cooperative
    agreements or contracts with public or private entities to
    review the available scientific evidence concerning such drugs.
    ``(2) <>  Seek public input
    concerning such drugs, including input on whether there is a
    relevant accepted use in clinical practice that is not reflected
    in the approved labeling of such drugs or whether new scientific
    evidence is available regarding the conditions of use for such
    drug, by--
    ``(A) holding one or more public meetings;
    ``(B) opening a public docket for the submission of
    public comments; or
    ``(C) other means, as the Secretary determines
    appropriate.

    ``(c) <>  Selection of Drugs for Updating.--If
    the Secretary determines, with respect to a covered drug, that the
    available scientific evidence meets the standards under section 505 for
    adding or modifying information to the labeling or providing
    supplemental information to the labeling regarding the use of the
    covered drug, the Secretary may initiate the process under subsection
    (d).

    ``(d) <>  Initiation of the Process of
    Updating.--If the Secretary determines that labeling changes are
    appropriate for a selected drug pursuant to subsection (c), the
    Secretary shall provide notice to the holders of approved applications
    for a generic version of such drug that--
    ``(1) <>  summarizes the findings supporting
    the determination of the Secretary that the available scientific
    evidence meets the standards under section 505 for adding or
    modifying information or providing supplemental information to
    the labeling of the covered drug pursuant to subsection (c);
    ``(2) provides a clear statement regarding the additional,
    modified, or supplemental information for such labeling,
    according to the determination by the Secretary (including, as
    applicable, modifications to add the relevant accepted use to
    the labeling of the drug as an additional indication for the
    drug); and
    ``(3) states whether the statement under paragraph (2)
    applies to the selected drug as a class of covered drugs or only
    to a specific drug product.

    [[Page 2935]]

    ``(e) <>  Response to Notification.--Within 30 days
    of receipt of notification provided by the Secretary pursuant to
    subsection (d), the holder of an approved application for a generic
    version of the selected drug shall--
    ``(1) agree to change the approved labeling to reflect the
    additional, modified, or supplemental information the Secretary
    has determined to be appropriate; or
    ``(2) notify the Secretary that the holder of the approved
    application does not believe that the requested labeling changes
    are warranted and submit a statement detailing the reasons why
    such changes are not warranted.

    ``(f) <>  Review of Application Holder's
    Response.--
    ``(1) In general.--Upon receipt of the application holder's
    response, the Secretary shall promptly review each statement
    received under subsection (e)(2) and determine which labeling
    changes pursuant to the Secretary's notice under subsection (d)
    are appropriate, if any. If the Secretary disagrees with the
    reasons why such labeling changes are not warranted, the
    Secretary shall provide opportunity for discussions with the
    application holders to reach agreement on whether the labeling
    for the covered drug should be updated to reflect available
    scientific evidence, and if so, the content of such labeling
    changes.
    ``(2) <>  Changes to labeling.--After
    considering all responses from the holder of an approved
    application under paragraph (1) or (2) of subsection (e), and
    any discussion under paragraph (1), the Secretary may order such
    holder to make the labeling changes the Secretary determines are
    appropriate. Such holder of an approved application shall--
    ``(A) update its paper labeling for the drug at the
    next printing of that labeling;
    ``(B) update any electronic labeling for the drug
    within 30 days of such order; and
    ``(C) submit the revised labeling through the form,
    `Supplement--Changes Being Effected'.

    ``(g) Violation.--If the holder of an approved application for the
    generic version of the selected drug does not comply with the
    requirements of subsection (f)(2), such generic version of the selected
    drug shall be deemed to be misbranded under section 502.
    ``(h) Limitations; Generic Drugs.--
    ``(1) In general.--With respect to any labeling change
    required under this section, the generic version shall be deemed
    to have the same conditions of use and the same labeling as its
    reference listed drug for purposes of clauses (i) and (v) of
    section 505(j)(2)(A). Any labeling change so required shall not
    have any legal effect for the applicant that is different than
    the legal effect that would have resulted if a supplemental
    application had been submitted and approved to conform the
    labeling of the generic version to a change in the labeling of
    the reference drug.
    ``(2) Supplemental applications.--Changes to labeling made
    in accordance with this section shall not be eligible for an
    exclusivity period under this Act.
    ``(3) Selection of drugs.--The Secretary shall not identify
    a drug as a covered drug or select a drug label for updating
    under subsection (b) or (c) solely based on the availability

    [[Page 2936]]

    of new safety information. Upon <>
    identification of a drug as a covered drug under subsection (b),
    the Secretary may then consider the availability of new safety
    information (as defined in section 505-1(b)) in determining
    whether the drug is a selected drug and in determining what
    labeling changes are appropriate.

    ``(i) Rules of Construction.--
    ``(1) Approval standards.--This section shall not be
    construed as altering the applicability of the standards for
    approval of an application under section 505. No order shall be
    issued under this subsection unless the scientific evidence
    supporting the changed labeling meets the standards for approval
    applicable to any change to labeling under section 505.
    ``(2) Removal of information.--Nothing in this section shall
    be construed to give the Secretary additional authority to
    remove approved indications for drugs, other than the authority
    described in this section.
    ``(3) Secretary authority.--Nothing in this section shall be
    construed to limit the authority of the Secretary to require
    labeling changes under section 505(o).
    ``(4) Maintenance of labeling.--Nothing in this section
    shall be construed to affect the responsibility of the holder of
    an approved application under section 505(j) to maintain its
    labeling in accordance with existing requirements, including
    subpart B of part 201 and sections 314.70 and 314.97 of title
    21, Code of Federal Regulations (or any successor regulations).

    ``(j) <>  Reports.--Not later than 4 years after
    the date of the enactment of this section, and every 4 years thereafter,
    the Secretary shall prepare and submit to the Committee on Energy and
    Commerce of the House of Representatives and the Committee on Health,
    Education, Labor, and Pensions of the Senate, a report that--
    ``(1) describes the actions of the Secretary under this
    section, including--
    ``(A) the number of covered drugs and description of
    the types of drugs the Secretary has selected for
    labeling changes and the rationale for such recommended
    changes; and
    ``(B) the number of times the Secretary entered into
    discussions concerning a disagreement with an
    application holder or holders and a summary of the
    decision regarding a labeling change, if any; and
    ``(2) <>  includes any
    recommendations of the Secretary for modifying the program under
    this section.''.
    SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.

    (a) In General.--Section 351(k) of the Public Health Service Act (42
    U.S.C. 262(k)) is amended by adding at the end the following:
    ``(9) Public listing.--
    ``(A) In general.--
    ``(i) <>  Initial
    publication.--Not later than 180 days after the
    date of enactment of this paragraph, the Secretary
    shall publish and make available to the public in
    a searchable, electronic format--
    ``(I) a list of each biological
    product, by nonproprietary name (proper
    name), for which, as of

    [[Page 2937]]

    such date of enactment, a biologics
    license under subsection (a) or this
    subsection is in effect, or that, as of
    such date of enactment, is deemed to be
    licensed under this section pursuant to
    section 7002(e)(4) of the Biologics
    Price Competition and Innovation Act of
    2009;
    ``(II) the date of licensure of the
    marketing application and the
    application number; and
    ``(III) with respect to each
    biological product described in
    subclause (I), the licensure status,
    and, as available, the marketing status.
    ``(ii) <>  Revisions.--
    Every 30 days after the publication of the first
    list under clause (i), the Secretary shall revise
    the list to include each biological product which
    has been licensed under subsection (a) or this
    subsection during the 30-day period or deemed
    licensed under this section pursuant to section
    7002(e)(4) of the Biologics Price Competition and
    Innovation Act of 2009.
    ``(iii) <>  Patent
    information.--Not later than 30 days after a list
    of patents under subsection (l)(3)(A), or a
    supplement to such list under subsection (l)(7),
    has been provided by the reference product sponsor
    to the subsection (k) applicant respecting a
    biological product included on the list published
    under this subparagraph, the reference product
    sponsor shall provide such list of patents (or
    supplement thereto) and their corresponding expiry
    dates to the Secretary, and the Secretary shall,
    in revisions made under clause (ii), include such
    information for such biological
    product. <>  Within 30 days of
    providing any subsequent or supplemental list of
    patents to any subsequent subsection (k) applicant
    under subsection (l)(3)(A) or (l)(7), the
    reference product sponsor shall update the
    information provided to the Secretary under this
    clause with any additional patents from such
    subsequent or supplemental list and their
    corresponding expiry dates.
    ``(iv) Listing of exclusivities.--For each
    biological product included on the list published
    under this subparagraph, the Secretary shall
    specify each exclusivity period under paragraph
    (6) or paragraph (7) for which the Secretary has
    determined such biological product to be eligible
    and that has not concluded.
    ``(B) <>  Revocation or
    suspension of license.--If the license of a biological
    product is determined by the Secretary to have been
    revoked or suspended for safety, purity, or potency
    reasons, it may not be published in the list under
    subparagraph (A). <>  If such
    revocation or suspension occurred after inclusion of
    such biological product in the list published under
    subparagraph (A), the reference product sponsor shall
    notify the Secretary that--
    ``(i) the biological product shall be
    immediately removed from such list for the same
    period as the revocation or suspension; and
    ``(ii) <>  a notice of the removal
    shall be published in the Federal Register.''.

    [[Page 2938]]

    (b) Review and Report on Types of Information To Be Listed.--Not
    later than 3 years after the date of enactment of this Act, the
    Secretary of Health and Human Services shall--
    (1) <>  solicit public comment
    regarding the type of information, if any, that should be added
    to or removed from the list required by paragraph (9) of section
    351(k) of the Public Health Service Act (42 U.S.C. 262(k)), as
    added by subsection (a); and
    (2) <>  transmit to
    Congress an evaluation of such comments, including any
    recommendations about the types of information that should be
    added to or removed from the list.

    Subtitle D--Technical Corrections

    SEC. 331. TECHNICAL CORRECTIONS.

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

    DIVISION CC--HEALTH EXTENDERS

    SEC. 1. TABLE OF CONTENTS.

    Sec. 1. Table of contents.

    TITLE I--MEDICARE PROVISIONS

    Subtitle A--Medicare Extenders

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

    Subtitle B--Other Medicare Provisions

    Sec. 111. Improving measurements under the skilled nursing facility
    value-based purchasing program under the Medicare program.
    Sec. 112. Providing the Medicare Payment Advisory Commission and
    Medicaid and CHIP Payment and Access Commission with access
    to certain drug payment information, including certain rebate
    information.
    Sec. 113. Moratorium on payment under the Medicare physician fee
    schedule of the add on code for inherently complex evaluation
    and management visits.

    [[Page 2939]]

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

    TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

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

    TITLE III--HUMAN SERVICES

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

    TITLE IV--HEALTH OFFSETS

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

    [[Page 2940]]

    Sec. 406. Medicaid Improvement Fund.
    Sec. 407. Establishing hospice program survey and enforcement procedures
    under the Medicare program.
    Sec. 408. Medicare Improvement Fund.

    TITLE V--MISCELLANEOUS

    Sec. 501. Implementation funding.

    TITLE I--MEDICARE PROVISIONS

    Subtitle A--Medicare Extenders

    SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
    MEDICARE PROGRAM.

    Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
    116-136), section 2201 of the Continuing Appropriations Act, 2021 and
    Other Extensions Act (Public Law 116-159), and section 1101 of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended <>  by striking ``December 19,
    2020'' and inserting ``January 1, 2024''.
    SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
    INPUT, AND SELECTION.

    (a) Extension.--Section 1890(d)(2) of the Social Security Act (42
    U.S.C. 1395aaa(d)(2)), as amended by section 1103 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act,
    is <>  amended--
    (1) in the first sentence, by striking ``and for the period
    beginning on October 1, 2020, and ending on December 18, 2020,
    the amount equal to the pro rata portion of the amount
    appropriated for such period for fiscal year 2020'' and
    inserting `` $26,000,000 for fiscal year 2021, $20,000,000 for
    fiscal year 2022, and $20,000,000 for fiscal year 2023''; and
    (2) in the third sentence, by striking ``and 2020, and for
    the period beginning on October 1, 2020, and ending on December
    18, 2020'' and inserting ``2020, 2021, 2022, and 2023''.

    (b) Additional Reporting Requirements.--Section 1890 of the Social
    Security Act (42 U.S.C. 1395aaa) is amended--
    (1) in subsection (e)--
    (A) by redesignating paragraphs (1) through (6) as
    subparagraphs (A) through (F), respectively;
    (B) by striking ``Congress.--By not later than'' and
    inserting ``Congress.--
    ``(1) In general.--By not later than'';
    (C) in subparagraph (A), as redesignated by this
    paragraph, by striking the last sentence;
    (D) in subparagraph (D), as so redesignated, by
    striking ``A description'' and inserting ``Subject to
    paragraph (2)(B), a description'';
    (E) in subparagraph (E), as so redesignated, by
    striking ``The amount'' and inserting ``Subject to
    paragraph (2)(B), the amount'';
    (F) in subparagraph (F), as so redesignated, by
    striking ``Estimates'' and inserting ``Subject to
    paragraph (2)(B), estimates''; and
    (G) by adding at the end the following new
    paragraph:

    [[Page 2941]]

    ``(2) Additional requirements for reports.--
    ``(A) Addressing gao report.--Each of the annual
    reports submitted in 2021 and 2022 pursuant to paragraph
    (1) shall also include the following:
    ``(i) <>  A comprehensive
    analysis detailing the ways in which the Centers
    for Medicare & Medicaid Services has addressed
    each of the recommendations set forth in the
    report by the Government Accountability Office
    (GAO-19-628) issued on September 19, 2019, and
    titled `Health Care Quality: CMS Could More
    Effectively Ensure Its Quality Measurement
    Activities Promote Its Objectives'.
    ``(ii) A detailed description of--
    ``(I) any additional steps that the
    Centers for Medicare & Medicaid Services
    expects to take to address the findings
    and recommendations set forth in such
    report; and
    ``(II) the anticipated timing for
    such steps.
    ``(B) Ensuring detailed information.--
    ``(i) In general.--In the case of an annual
    report submitted in 2021 or a subsequent year
    pursuant to paragraph (1), the information
    required under--
    ``(I) paragraph (1)(D) shall also
    include detailed information on each of
    the activities described in clause (ii);
    ``(II) paragraph (1)(E) shall also
    include detailed information on the
    specific amounts obligated or expended
    on each of the activities described in
    clause (ii); and
    ``(III) paragraph (1)(F) shall also
    include detailed information on the
    specific quality measurement activities
    required and future funding needed for
    each of the activities described in
    clause (ii).
    ``(ii) Activities described.--The activities
    described in this clause are the following:
    ``(I) Measure selection activities.
    ``(II) Measure development
    activities.
    ``(III) Public reporting activities.
    ``(IV) Education and outreach
    activities.''; and
    (2) by adding at the end the following new subsection:

    ``(f) Additional Reporting by the Secretary to Congress.--
    ``(1) In general.--By not later than September 30 of each
    year (beginning with 2021), the Secretary shall submit to
    Congress a report on the amount of unobligated balances for
    appropriations relating to quality
    measurement. <>  Such report shall include
    detailed plans on how the Secretary expects to expend such
    unobligated balances in the upcoming fiscal years.
    ``(2) Separate report.--The annual report required under
    paragraph (1) shall be separate from the annual report required
    under subsection (e).''.

    (c) Input for Removal of Measures.--Section 1890(b) of the Social
    Security Act (42 U.S.C. 1395aaa(b)) is amended by inserting after
    paragraph (3) the following new paragraph:
    ``(4) Removal of measures.--The entity may provide input to
    the Secretary on quality and efficiency measures described in
    paragraph (7)(B) that could be considered for removal.''.

    [[Page 2942]]

    (d) Prioritization of Measure Endorsement.--Section 1890(b) of the
    Social Security Act (42 U.S.C. 1395aaa(b)) is amended by adding at the
    end the following new paragraph:
    ``(9) Prioritization of measure endorsement.--The
    Secretary--
    ``(A) <>  during the period
    beginning on the date of the enactment of this paragraph
    and ending on December 31, 2023, shall prioritize the
    endorsement of measures relating to maternal morbidity
    and mortality by the entity with a contract under
    subsection (a) in connection with endorsement of
    measures described in paragraph (2); and
    ``(B) <>  on and after
    January 1, 2024, may prioritize the endorsement of such
    measures by such entity.''.
    SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
    INCOME PROGRAMS.

    (a) State Health Insurance Programs.--Subsection (a)(1)(B) of
    section 119 of the Medicare Improvements for Patients and Providers Act
    of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
    Patient Protection and Affordable Care Act (Public Law 111-148), section
    610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
    section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
    67), section 110 of the Protecting Access to Medicare Act of 2014
    (Public Law 113-93), section 208 of the Medicare Access and CHIP
    Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
    division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
    section 1402 of division B of the Continuing Appropriations Act, 2020,
    and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
    division B of the Further Continuing Appropriations Act, 2020, and
    Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of
    division N of the Further Consolidated Appropriations Act, 2020 (Public
    Law 116-94), section 3803 of the CARES Act (Public Law 116-136), section
    2203 of the Continuing Appropriations Act, 2021 and Other Extensions Act
    (Public Law 116-159), and section 1102 of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act, is <>  amended--
    (1) in clause (x), by striking at the end ``and''; and
    (2) by striking clause (xi) and inserting the following
    clauses:
    ``(xi) for fiscal year 2021, $15,000,000;
    ``(xii) for fiscal year 2022, $15,000,000; and
    ``(xiii) for fiscal year 2023, $15,000,000.''.

    (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
    119, as so amended, is amended--
    (1) in clause (x), by striking at the end ``and''; and
    (2) by striking clause (xi) and inserting the following
    clauses:
    ``(xi) for fiscal year 2021, $15,000,000;
    ``(xii) for fiscal year 2022, $15,000,000; and
    ``(xiii) for fiscal year 2023, $15,000,000.''.

    (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
    such section 119, as so amended, is amended--
    (1) in clause (x), by striking at the end ``and'';
    (2) by striking clause (xi) and inserting the following
    clauses:
    ``(xi) for fiscal year 2021, $5,000,000;

    [[Page 2943]]

    ``(xii) for fiscal year 2022, $5,000,000; and
    ``(xiii) for fiscal year 2023, $5,000,000,''.

    (d) Contract With the National Center for Benefits and Outreach
    Enrollment.--Subsection (d)(2) of such section 119, as so amended, is
    amended--
    (1) in clause (x), by striking at the end ``and'';
    (2) by striking clause (xi) and inserting the following
    clauses:
    ``(xi) for fiscal year 2021, $15,000,000;
    ``(xii) for fiscal year 2022, $15,000,000; and
    ``(xiii) for fiscal year 2023, $15,000,000.''.
    SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS DEMONSTRATION
    PROJECT.

    (a) Extension of Demonstration Project.--Section 101(b) of the
    Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers
    Act of 2012 (42 U.S.C. 13951 note) is amended--
    (1) by striking paragraph (1) and inserting the following:
    ``(1) <>  Duration.--Beginning not
    later than one year after the date of enactment of this Act, the
    Secretary shall conduct the demonstration project for a period
    of 3 years and, subject to the availability of funds under
    subsection (g), the period beginning on October 1, 2017, and
    ending on December 31, 2023.''; and
    (2) in paragraph (2)--
    (A) <>  by amending the first
    sentence to read as follows: ``The Secretary shall
    enroll for participation in the demonstration project
    for the period beginning on October 1, 2014, and ending
    on September 30, 2020, not more than 4,000 Medicare
    beneficiaries who have been diagnosed with primary
    immunodeficiency disease and for the period beginning on
    October 1, 2014, and ending on December 31, 2023, not
    more than 6,500 Medicare beneficiaries who have been so
    diagnosed.''; and
    (B) by striking ``December 31, 2020'' and inserting
    ``December 31, 2023''.

    (b) Updated Evaluation and Report.--Section 101(f) is amended--
    (1) by redesignating paragraph (2) as paragraph (3); and
    (2) by inserting after paragraph (1) the following new
    paragraph:
    ``(2) Updated evaluation and report.--Not later than 2 years
    after the date of the enactment of Consolidated Appropriations
    Act, 2021, the Secretary shall submit to Congress an updated
    report that contains the following:
    ``(A) The total number of beneficiaries enrolled in
    the demonstration project during the updated report
    period.
    ``(B) The total number of claims submitted for
    services during the updated report period, disaggregated
    by month.
    ``(C) <>  An analysis of the impact
    of the demonstration on beneficiary access to the in-
    home administration of intravenous immune globin,
    including the impact on beneficiary health.
    ``(D) <>  An analysis of the impact
    of in-home administration of intravenous immune globin
    on overall costs to Medicare, including the cost
    differential between in-home

    [[Page 2944]]

    administration of intravenous immune globin and
    administration of intravenous immune globin in a
    healthcare facility.
    ``(E) <>  To the extent practicable,
    a survey of providers and enrolled beneficiaries that
    participated in the demonstration project that
    identifies barriers to accessing services, including
    reimbursement for items and services.
    ``(F) <>  Recommendations
    to Congress on the appropriateness of establishing a
    permanent bundled services payment for the in-home
    administration of intravenous immune globin for Medicare
    beneficiaries.''.

    (c) Definition of Updated Report Period.--Section 101(h) is amended
    by adding at the end the following new paragraph:
    ``(4) Updated report period.--The term `updated report
    period' means the period beginning on October 1, 2014, and
    ending on September 30, 2020.''.
    SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE
    DEMONSTRATION PROGRAM UNDER THE MEDI-
    CARE PROGRAM.

    (a) In General.--Section 1866E of the Social Security Act (42 U.S.C.
    1395cc-5) is amended--
    (1) in subsection (e)--
    (A) in paragraph (1), by striking ``7-year'' and
    inserting ``10-year''; and
    (B) in paragraph (5)--
    (i) in the first sentence, by striking
    ``15,000'' and inserting ``20,000'';
    (ii) in the second sentence, by striking
    ``sixth and seventh'' and inserting ``sixth
    through tenth''; and
    (iii) by adding at the end the following new
    sentence: ``An applicable beneficiary that
    participates in the demonstration program by
    reason of the increase from 15,000 to 20,000 in
    the first sentence of this paragraph pursuant to
    the amendment made by section 105 of division CC
    of the Consolidated Appropriations Act, 2021 shall
    be considered in the spending target estimates
    under paragraph (1) of subsection (c) and the
    incentive payment calculations under paragraph (2)
    of such subsection for the eighth through tenth
    years of such program.''; and
    (2) in subsection (h), by inserting ``and $9,000,000 for
    fiscal year 2021'' after ``2015''.

    (b) <>  Effective Date.--The amendments
    made by subsection (a) shall take effect as if included in the enactment
    of Public Law 111-148.

    Subtitle B--Other Medicare Provisions

    SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING
    FACILITY VALUE-BASED PURCHASING PROGRAM
    UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1888(h) of the Social Security Act (42
    U.S.C. 1395yy(h)) is amended--
    (1) in paragraph (1), by adding at the end the following new
    subparagraph:

    [[Page 2945]]

    ``(C) <>
    Exclusions.--With respect to payments for services
    furnished on or after October 1, 2022, this subsection
    shall not apply to a facility for which there are not a
    minimum number (as determined by the Secretary) of--
    ``(i) cases for the measures that apply to the
    facility for the performance period for the
    applicable fiscal year; or
    ``(ii) measures that apply to the facility for
    the performance period for the applicable fiscal
    year.'';
    (2) in paragraph (2)(A)--
    (A) by striking ``The Secretary shall apply'' and
    inserting ``The Secretary--
    ``(i) shall apply'';
    (B) by striking the period at the end and inserting
    ``; and''; and
    (C) by adding at the end the following:
    ``(ii) <>  may, with respect to
    payments for services furnished on or after
    October 1, 2023, apply additional measures
    determined appropriate by the Secretary, which may
    include measures of functional status, patient
    safety, care coordination, or patient experience.
    Subject to the succeeding sentence, in the case that the
    Secretary applies additional measures under clause (ii),
    the Secretary shall consider and apply, as appropriate,
    quality measures specified under section 1899B(c)(1). In
    no case may the Secretary apply more than 10 measures
    under this subparagraph.'';
    (3) in subparagraph (A) of each of paragraphs (3) and (4),
    by striking ``measure'' and inserting ``measures''; and
    (4) by adding at the end the following new paragraph:
    ``(12) Validation.--
    ``(A) In general.--The Secretary shall apply to the
    measures applied under this subsection and the data
    submitted under subsection (e)(6) a process to validate
    such measures and data, as appropriate, which may be
    similar to the process specified in section
    1886(b)(3)(B)(viii)(XI) for validating inpatient
    hospital measures.
    ``(B) <>
    Funding.--For purposes of carrying out this paragraph,
    the Secretary shall provide for the transfer, from the
    Federal Hospital Insurance Trust Fund established under
    section 1817, of $5,000,000 to the Centers for Medicare
    & Medicaid Services Program Management Account for each
    of fiscal years 2023 through 2025, to remain available
    until expended.''.

    (b) Report by MedPAC.--Not later than March 15, 2022, the Medicare
    Payment Advisory Commission shall submit to Congress a report on
    establishing a prototype value-based payment program under a unified
    prospective payment system for post-acute care services under the
    Medicare program under title XVIII of the Social Security Act (42 U.S.C.
    1395 et seq.). Such report--
    (1) <>  shall--
    (A) consider design elements such as--
    (i) measures that are important to the
    Medicare program and to beneficiaries under such
    program;
    (ii) methodologies for scoring provider
    performance and effects on payment; and

    [[Page 2946]]

    (iii) other elements determined appropriate by
    the Commission; and
    (B) <>  analyze the effects of
    implementing such prototype program; and
    (2) may--
    (A) discuss the possible effects, with respect to
    the Medicare program, on program spending, post-acute
    care providers, patient outcomes, and other effects
    determined appropriate by the Commission; and
    (B) <>  include
    recommendations with respect to such prototype program,
    as determined appropriate by the Commission, to Congress
    and the Secretary of Health and Human Services.
    SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND
    MEDICAID AND CHIP PAYMENT AND ACCESS
    COMMISSION WITH ACCESS TO CERTAIN DRUG
    PAYMENT INFORMATION, INCLUDING CERTAIN
    REBATE INFORMATION.

    (a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of
    the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
    (1) in paragraph (2)--
    (A) in subparagraph (A)(ii), by striking ``and'' at
    the end;
    (B) in subparagraph (B), by striking the period at
    the end and inserting ``; and''; and
    (C) by inserting at the end the following new
    subparagraph:
    ``(C) by the Executive Director of the Medicare
    Payment Advisory Commission for purposes of monitoring,
    making recommendations for, and analysis of the program
    under this title and by the Executive Director of the
    Medicaid and CHIP Payment and Access Commission for
    purposes of monitoring, making recommendations for, and
    analysis of the Medicaid program established under title
    XIX and the Children's Health Insurance Program under
    title XXI.''; and
    (2) by adding at the end the following new paragraph:
    ``(3) Additional restrictions on disclosure of
    information.--
    ``(A) In general.--The Executive Directors described
    in paragraph (2)(C) shall not disclose any of the
    following information disclosed to such Executive
    Directors or obtained by such Executive Directors
    pursuant to such paragraph, with respect to a
    prescription drug plan offered by a PDP sponsor or an
    MA-PD plan offered by an MA organization:
    ``(i) The specific amounts or the identity of
    the source of any rebates, discounts, price
    concessions, or other forms of direct or indirect
    remuneration under such prescription drug plan or
    such MA-PD plan.
    ``(ii) Information submitted with the bid
    submitted under section 1860D-11(b) by such PDP
    sponsor or under section 1854(a) by such MA
    organization.
    ``(iii) In the case of such information from
    prescription drug event records, information in a
    form that

    [[Page 2947]]

    would not be permitted under section 423.505(m) of
    title 42, Code of Federal Regulations, or any
    successor regulation, if released by the Centers
    for Medicare & Medicaid Services.
    ``(B) <>  Clarification.--The
    restrictions on disclosures described in subparagraph
    (A) shall also apply to disclosures to individual
    Commissioners of the Medicare Payment Advisory
    Commission or of the Medicaid and CHIP Payment and
    Access Commission.''.

    (b) Access to Certain Rebate and Payment Data Under Medicare and
    Medicaid.--Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C.
    1396r-8(b)(3)(D)) is amended--
    (1) in the matter before clause (i), by striking
    ``subsection (a)(6)(A)(ii)'' and inserting ``subsection
    (a)(6)(A)'';
    (2) in clause (v), by striking ``and'' at the end;
    (3) in clause (vi), by striking the period at the end and
    inserting ``, and'';
    (4) by inserting after clause (vi) the following new clause:
    ``(vii) to permit the Executive Director of
    the Medicare Payment Advisory Commission and the
    Executive Director of the Medicaid and CHIP
    Payment and Access Commission to review the
    information provided.'';
    (5) in the matter at the end, by striking ``1860D-
    4(c)(2)(E)'' and inserting ``1860D-4(c)(2)(G)''; and
    (6) by adding at the end the following new sentences: ``Any
    information disclosed to the Executive Director of the Medicare
    Payment Advisory Commission or the Executive Director of the
    Medicaid and CHIP Payment and Access Commission pursuant to this
    subparagraph shall not be disclosed by either such Executive
    Director in a form which discloses the identity of a specific
    manufacturer or wholesaler or prices charged for drugs by such
    manufacturer or wholesaler. Such information also shall not be
    disclosed by either such Executive Director to individual
    Commissioners of the Medicare Payment Advisory Commission or of
    the Medicaid and CHIP Payment and Access Commission in a form
    which discloses the identity of a specific manufacturer or
    wholesaler or prices charged for drugs by such manufacturer or
    wholesaler.''.
    SEC. 113. <>  MORATORIUM ON PAYMENT
    UNDER THE MEDICARE PHYSICIAN FEE
    SCHEDULE OF THE ADD ON CODE FOR
    INHERENTLY COMPLEX EVALUATION AND
    MANAGEMENT
    VISITS.

    (a) <>  In General.--The Secretary of Health
    and Human Services may not, prior to January 1, 2024, make payment under
    the fee schedule under section 1848 of the Social Security Act (42
    U.S.C. 1395w-4) for services described by Healthcare Common Procedure
    Coding System (HCPCS) code G2211 (or any successor or substantially
    similar code), as described in section II.F. of the final rule filed by
    the Secretary with the Office of the Federal Register for public
    inspection on December 2, 2020, and entitled ``Medicare Program; CY 2021
    Payment Policies under the Physician Fee Schedule and Other Changes to
    Part B Payment Policies; Medicare Shared Savings Program Requirements;
    Medicaid Promoting Interoperability Program Requirements for Eligible
    Professionals;

    [[Page 2948]]

    Quality Payment Program; Coverage of Opioid Use Disorder Services
    Furnished by Opioid Treatment Programs; Medicare Enrollment of Opioid
    Treatment Programs; Electronic Prescribing for Controlled Substances for
    a Covered Part D Drug; Payment for Office/Outpatient Evaluation and
    Management Services; Hospital IQR Program; Establish New Code
    Categories; Medicare Diabetes Prevention Program (MDPP) Expanded Model
    Emergency Policy; Coding and Payment for Virtual Check-in Services
    Interim Final Rule Policy; Coding and Payment for Personal Protective
    Equipment (PPE) Interim Final Rule Policy; Regulatory Revisions in
    Response to the Public Health Emergency (PHE) for COVID-19; and
    Finalization of Certain Provisions from the March 31st , May 8th and
    September 2nd Interim Final Rules in Response to the PHE for COVID-19''.

    (b) Implementation.--Notwithstanding any other provision of law, the
    Secretary may implement this section by interim final rule, program
    instruction, or otherwise.
    SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE THRESHOLDS.

    (a) In General.--Section 1833(z)(2) of the Social Security Act (42
    U.S.C. 1395l(z)(2)) is amended--
    (1) in subparagraph (B)--
    (A) in the heading, by striking ``and 2022'' and
    inserting ``through 2024''; and
    (B) in the matter preceding clause (i), by striking
    ``2021 and 2022'' and inserting ``each of 2021 through
    2024'';
    (2) in subparagraph (C)--
    (A) in the heading, by striking ``2023'' and
    inserting ``2025''; and
    (B) in the matter preceding clause (i), by striking
    ``2023'' and inserting ``2025''; and
    (3) in subparagraph (D), by adding at the end the following:
    ``With respect to 2023 and 2024, the Secretary shall use the
    same percentage criteria for counts of patients that are used in
    2022.''.

    (b) Partial Qualifying APM Participant Modifications.--Section
    1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 1395w-
    4(q)(1)(C)(iii)) is amended--
    (1) in subclause (II), in the matter preceding item (aa), by
    striking ``2021 and 2022'' and inserting ``each of 2021 through
    2024''; and
    (2) in subclause (III), in the matter preceding item (aa),
    by striking ``2023'' and inserting ``2025''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect on the date of the enactment of
    this Act.
    SEC. 115. <> PERMITTING OCCUPATIONAL
    THERAPISTS TO CONDUCT THE INITIAL
    ASSESSMENT VISIT AND COMPLETE THE
    COMPREHENSIVE ASSESSMENT WITH RESPECT TO
    CERTAIN REHABILITATION SERVICES FOR HOME
    HEALTH AGENCIES UNDER THE MEDICARE
    PROGRAM.

    Not <>  later than January 1, 2022, the Secretary
    of Health and Human Services shall revise subsections (a)(2) and (b)(3)
    of section 484.55 of title 42, Code of Federal Regulations, or a
    successor regulation, to permit an occupational therapist to conduct the
    initial assessment visit and to complete the comprehensive assessment
    (as such terms are described in such subsections, respectively)

    [[Page 2949]]

    for home health services for an individual under title XVIII of the
    Social Security Act (42 U.S.C. 1395 et seq.) if the home health plan of
    care for such individual--
    (1) does not initially include skilled nursing care;
    (2) includes occupational therapy; and
    (3) includes physical therapy or speech language pathology.
    SEC. 116. <>  CENTERS FOR MEDICARE &
    MEDICAID SERVICES PROVIDER OUTREACH AND
    REPORTING ON COGNITIVE ASSESS-
    MENT AND CARE PLAN SERVICES.

    (a) Outreach.--The Secretary of Health and Human Services (in this
    section referred to as the ``Secretary'') shall conduct outreach to
    physicians and appropriate non-physician practitioners participating
    under the Medicare program under title XVIII of the Social Security Act
    (42 U.S.C. 1395 et seq.) with respect to Medicare payment for cognitive
    assessment and care plan services furnished to individuals with
    cognitive impairment such as Alzheimer's disease and related dementias,
    identified as of January 1, 2018, by HCPCS code 99483, or any successor
    to such code (in this section referred to as ``cognitive assessment and
    care plan services''). Such outreach shall include a comprehensive, one-
    time education initiative to inform such physicians and practitioners of
    the addition of such services as a covered benefit under the Medicare
    program, including the requirements for eligibility for such services.
    (b) Reports.--
    (1) HHS report on provider outreach.--Not later than one
    year after the date of enactment of this Act, the Secretary of
    Health and Human Services shall submit to the Committee on Ways
    and Means and the Committee on Energy and Commerce of the House
    of Representatives and the Committee on Finance of the Senate a
    report on the outreach conducted under subsection (a). Such
    report shall include a description of the methods used for such
    outreach.
    (2) GAO report on utilization rates.--Not later than 3 years
    after such date of enactment, the Comptroller General of the
    United States shall submit to the Committee on Ways and Means
    and the Committee on Energy and Commerce of the House of
    Representatives and the Committee on Finance of the Senate a
    report on the number of Medicare beneficiaries who were
    furnished cognitive assessment and care plan services for which
    payment was made under title XVIII of the Social Security Act
    (42 U.S.C. 1395 et seq.). <>  Such
    report shall include information on barriers Medicare
    beneficiaries face to access such services, and recommendations
    for such legislative and administrative action as the
    Comptroller General deems appropriate.
    SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY TRANSITIONAL
    HOME INFUSION THERAPY SERVICES.

    (a) In General.--Section 1861(iii)(3)(C) of the Social Security Act
    (42 U.S.C. 1395x(iii)(3)(C)) is amended by inserting after clause (ii)
    the following flush sentence:
    ``Clause (ii) shall not apply to a self-administered drug or
    biological on a self-administered drug exclusion list if such
    drug or biological was included as a transitional home infusion
    drug under subparagraph (A)(iii) of section 1834(u)(7) and was
    identified by a HCPCS code described in subparagraph (C)(ii) of
    such section.''.

    [[Page 2950]]

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

    (c) <>  Implementation.--Notwithstanding
    any other provision of law, the Secretary of Health and Human Services
    may implement the amendment made by subsection (a) by interim final
    rule, program instruction, or otherwise.
    SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE PART D
    COVERAGE FOR CERTAIN LOW-INCOME
    BENEFICIARIES.

    Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114) is
    amended--
    (1) by redesignating subsection (e) as subsection (f); and
    (2) by adding after subsection (d) the following new
    subsection:

    ``(e) Limited Income Newly Eligible Transition Program.--
    ``(1) <>  In general.--Beginning not
    later than January 1, 2024, the Secretary shall carry out a
    program to provide transitional coverage for covered part D
    drugs for LI NET eligible individuals in accordance with this
    subsection.
    ``(2) LI net eligible individual defined.--For purposes of
    this subsection, the term `LI NET eligible individual' means a
    part D eligible individual who--
    ``(A) meets the requirements of clauses (ii) and
    (iii) of subsection (a)(3)(A); and
    ``(B) has not yet enrolled in a prescription drug
    plan or an MA-PD plan, or, who has so enrolled, but with
    respect to whom coverage under such plan has not yet
    taken effect.
    ``(3) <>  Transitional
    coverage.--For purposes of this subsection, the term
    `transitional coverage' means with respect to an LI NET eligible
    individual--
    ``(A) immediate access to covered part D drugs at
    the point of sale during the period that begins on the
    first day of the month such individual is determined to
    meet the requirements of clauses (ii) and (iii) of
    subsection (a)(3)(A) and ends on the date that coverage
    under a prescription drug plan or MA-PD plan takes
    effect with respect to such individual; and
    ``(B) <>  in the case of an
    LI NET eligible individual who is a full-benefit dual
    eligible individual (as defined in section 1935(c)(6))
    or a recipient of supplemental security income benefits
    under title XVI, retroactive coverage (in the form of
    reimbursement of the amounts that would have been paid
    under this part had such individual been enrolled in a
    prescription drug plan or MA-PD plan) of covered part D
    drugs purchased by such individual during the period
    that begins on the date that is the later of--
    ``(i) the date that such individual was first
    eligible for a low-income subsidy under this part;
    or
    ``(ii) the date that is 36 months prior to the
    date such individual enrolls in a prescription
    drug plan or MA-PD plan,
    and ends on the date that coverage under such plan takes
    effect.
    ``(4) Program administration.--

    [[Page 2951]]

    ``(A) Point of contact.--The Secretary shall, as
    determined appropriate by the Secretary, administer the
    program under this subsection through a contract with a
    single program administrator.
    ``(B) Benefit design.--The Secretary shall ensure
    that the transitional coverage provided to LI NET
    eligible individuals under this subsection--
    ``(i) provides access to all covered part D
    drugs under an open formulary;
    ``(ii) <>  permits all
    pharmacies determined by the Secretary to be in
    good standing to process claims under the program;
    ``(iii) is consistent with such requirements
    as the Secretary considers necessary to improve
    patient safety and ensure appropriate dispensing
    of medication; and
    ``(iv) meets such other requirements as the
    Secretary may establish.
    ``(5) Relationship to other provisions of this title; waiver
    authority.--
    ``(A) In general.--The following provisions shall
    not apply with respect to the program under this
    subsection:
    ``(i) Paragraphs (1) and (3)(B) of section
    1860D-4(a) (relating to dissemination of general
    information; availability of information on
    changes in formulary through the internet).
    ``(ii) Subparagraphs (A) and (B) of section
    1860D-4(b)(3) (relating to requirements on
    development and application of formularies;
    formulary development).
    ``(iii) Paragraphs (1)(C) and (2) of section
    1860D-4(c) (relating to medication therapy
    management program).
    ``(B) Waiver authority.--The Secretary may waive
    such other requirements of title XI and this title as
    may be necessary to carry out the purposes of the
    program established under this subsection.
    ``(6) Contracting authority.--The authority vested in the
    Secretary by this subsection may be performed without regard to
    such provisions of law or regulations relating to the making,
    performance, amendment, or modification of contracts of the
    United States as the Secretary may determine to be inconsistent
    with the furtherance of the purpose of this title.''.
    SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO LOWER
    BENEFICIARY COSTS.

    (a) Requiring Prescription Drug Plan Sponsors and Medicare Advantage
    Organizations To Include Real-Time Benefit Information Under Medicare
    Part D.--Section 1860D-4 of the Social Security Act (42 U.S.C. 1395w-
    104) is amended--
    (1) by redesignating subsection (m) (relating to program
    integrity transparency measures), as added by section 6063(c) of
    the Substance Use-Disorder Prevention that Promotes Opioid
    Recovery and Treatment for Patients and Communities Act (Public
    Law 115-271), as subsection (n); and
    (2) by adding at the end the following new subsection:

    ``(o) Real-Time Benefit Information.--
    ``(1) <>  In general.--After the
    Secretary has adopted a standard under paragraph (3) for
    electronic real-time benefit

    [[Page 2952]]

    tools, and at a time determined appropriate by the Secretary, a
    PDP sponsor of a prescription drug plan shall implement one or
    more of such tools that meet the requirements described in
    paragraph (2).
    ``(2) Requirements.--For purposes of paragraph (1), the
    requirements described in this paragraph, with respect to an
    electronic real-time benefit tool, are that the tool is capable
    of--
    ``(A) integrating with electronic prescribing and
    electronic health record systems of prescribing health
    care professionals for the transmission of formulary and
    benefit information in real time to such professionals;
    and
    ``(B) with respect to a covered part D drug,
    transmitting such information specific to an individual
    enrolled in a prescription drug plan, including the
    following:
    ``(i) <>  A list of any
    clinically-appropriate alternatives to such drug
    included in the formulary of such plan.
    ``(ii) Cost-sharing information and the
    negotiated price for such drug and such
    alternatives at multiple pharmacy options,
    including the individual's preferred pharmacy and,
    as applicable, other retail pharmacies and a mail
    order pharmacy.
    ``(iii) The formulary status of such drug and
    such alternatives and any prior authorization or
    other utilization management requirements
    applicable to such drug and such alternatives
    included in the formulary of such plan.
    ``(3) <>  Standards.--In
    order to be treated (for purposes of this subsection) as an
    electronic real-time benefit tool described in paragraph (1),
    such tool shall comply with technical standards adopted by the
    Secretary in consultation with the National Coordinator for
    Health Information Technology through notice and comment
    rulemaking. Such technical standards adopted by the Secretary
    shall be developed by a standards development organization, such
    as the National Council for Prescription Drug Programs, that
    consults with stakeholders such as PDP sponsors, Medicare
    Advantage organizations, beneficiary advocates, health care
    professionals, and health information technology software
    vendors.
    ``(4) Rules of construction.--Nothing in this subsection
    shall be construed--
    ``(A) to prohibit the application of paragraph
    (b)(7) of section 423.160 of title 42, Code of Federal
    Regulations, as is to be added to such section pursuant
    to the final rule published in the Federal Register on
    May 23, 2019, and titled `Modernizing Part D and
    Medicare Advantage To Lower Drug Prices and Reduce Out-
    of-Pocket Expenses' (84 Fed. Reg. 23832 through 23884);
    or
    ``(B) to allow a PDP sponsor to use a real-time
    benefit tool to steer an individual, without the consent
    of the individual, to a particular pharmacy or pharmacy
    type over their preferred pharmacy or pharmacy type nor
    prohibit the designation of an individual's preferred
    pharmacy under such tool.''.

    (b) Requiring Qualified Electronic Health Records To Include Real-
    Time Benefit Tools.--Section 3000(13) of the Public Health Service Act
    (42 U.S.C. 300jj(13)) is amended--

    [[Page 2953]]

    (1) in subparagraph (A), by striking ``and'' at the end;
    (2) in subparagraph (B), by striking the period and
    inserting ``; and''; and
    (3) by adding at the end the following:
    ``(C) includes, or is capable of including, a real-
    time benefit tool that conveys patient-specific real-
    time cost and coverage information with respect to
    prescription drugs that, with respect to any health
    information technology certified for electronic
    prescribing, the technology shall be capable of
    incorporating the information described in clauses (i)
    through (iii) of paragraph (2)(B) of section 1860D-4(o)
    of the Social Security Act at a time specified by the
    Secretary but not before the Secretary adopts a standard
    for such tools as described in paragraph (1) of such
    section.''.

    (c) Inclusion of Use of Real-Time Electronic Information in Shared
    Decision-Making Under MIPS.--Section 1848(q)(2)(B)(iii)(IV) of the
    Social Security Act (42 U.S.C. 1395w-4(q)(2)(B)(iii)(IV)) is amended by
    adding at the end the following new sentences: <>  ``This subcategory shall include as an activity, for
    performance periods beginning on or after January 1, 2022, use of a
    real-time benefit tool as described in section 1860D-4(o). The Secretary
    may establish this activity as a standalone or as a component of another
    activity.''.
    SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.

    (a) Beneficiary Enrollment Simplification.--
    (1) Effective date of coverage.--Section 1838(a) of the
    Social Security Act (42 U.S.C. 1395q(a)) is amended--
    (A) by amending paragraph (2) to read as follows:
    ``(2)(A) in the case of an individual who enrolls pursuant
    to subsection (d) of section 1837 before the month in which he
    first satisfies paragraph (1) or (2) of section 1836(a), the
    first day of such month,
    ``(B) in the case of an individual who first satisfies such
    paragraph in a month beginning before January 2023 and who
    enrolls pursuant to such subsection (d)--
    ``(i) in such month in which he first satisfies such
    paragraph, the first day of the month following the
    month in which he so enrolls,
    ``(ii) in the month following such month in which he
    first satisfies such paragraph, the first day of the
    second month following the month in which he so enrolls,
    or
    ``(iii) more than one month following such month in
    which he satisfies such paragraph, the first day of the
    third month following the month in which he so enrolls,
    ``(C) in the case of an individual who first satisfies such
    paragraph in a month beginning on or after January 1, 2023, and
    who enrolls pursuant to such subsection (d) in such month in
    which he first satisfies such paragraph or in any subsequent
    month of his initial enrollment period, the first day of the
    month following the month in which he so enrolls, or
    ``(D) in the case of an individual who enrolls pursuant to
    subsection (e) of section 1837 in a month beginning--
    ``(i) before January 1, 2023, the July 1 following
    the month in which he so enrolls; or

    [[Page 2954]]

    ``(ii) on or after January 1, 2023, the first day of
    the month following the month in which he so enrolls;
    or''; and
    (B) by amending paragraph (3) to read as follows:
    ``(3) in the case of an individual who is deemed to have
    enrolled--
    ``(A) on or before the last day of the third month
    of his initial enrollment period, the first day of the
    month in which he first meets the applicable
    requirements of section 1836(a) or July 1, 1973,
    whichever is later, or
    ``(B) on or after the first day of the fourth month
    of his initial enrollment period, and where such month
    begins--
    ``(i) before January 1, 2023, as prescribed
    under subparagraphs (B)(i), (B)(ii), (B)(iii), and
    (D)(i) of paragraph (2), or
    ``(ii) on or after January 1, 2023, as
    prescribed under subparagraphs (C) and (D)(ii) of
    paragraph (2).''.
    (2) Special enrollment periods for exceptional
    circumstances.--
    (A) Enrollment.--Section 1837 of the Social Security
    Act (42 U.S.C. 1395p) is amended by adding at the end
    the following new subsection:

    ``(m) <>  Beginning January 1, 2023, the
    Secretary may establish special enrollment periods in the case of
    individuals who satisfy paragraph (1) or (2) of section 1836(a) and meet
    such exceptional conditions as the Secretary may provide.''.
    (B) Coverage period.--Section 1838 of the Social
    Security Act (42 U.S.C. 1395q) is amended by adding at
    the end the following new subsection:

    ``(g) Notwithstanding subsection (a), in the case of an individual
    who enrolls during a special enrollment period pursuant to section
    1837(m), the coverage period shall begin on a date the Secretary
    provides in a manner consistent (to the extent practicable) with
    protecting continuity of health benefit coverage.''.
    (C) Conforming amendment.--Title XVIII of the Social
    Security Act (42 U.S.C. 1395 et seq.) is amended--
    (i) in section 1818A(c)(3), by striking
    ``subsections (h) and (i) of section 1837'' and
    inserting ``subsections (h), (i), and (m) of
    section 1837''; and
    (ii) in section 1839(b), in the first
    sentence, by striking ``or (l)'' and inserting ``,
    (l), or (m)''.
    (3) Technical correction.--Section 1839(b) of the Social
    Security Act (42 U.S.C. 1395r(b)) is amended by adding at the
    end the following new
    sentence: <>  ``For
    purposes of determining any increase under this subsection for
    individuals whose enrollment occurs on or after January 1, 2023,
    the second sentence of this subsection shall be applied by
    substituting `close of the month' for `close of the enrollment
    period' each place it appears.''.
    (4) Report.--Not later than January 1, 2023, the Secretary
    of Health and Human Services shall submit to the Committee on
    Ways and Means and Committee on Energy and Commerce of the House
    of Representatives and the Committee on Finance and Special
    Committee on Aging of the Senate a report on how to align
    existing Medicare enrollment periods under title

    [[Page 2955]]

    XVIII of the Social Security Act, including the general
    enrollment period under part B of such title and the annual,
    coordinated election period under the Medicare Advantage program
    under part C of such title and under the prescription drug
    program under part D of such title. <>  Such report shall include recommendations consistent
    with the goals of maximizing coverage continuity and choice and
    easing beneficiary transition.

    (b) Funding.--Section 1808 of the Social Security Act (42 U.S.C.
    1395b-9) is amended by adding the end the following new subsection:
    ``(e) Funding for Implementation of Beneficiary Enrollment
    Simplification.--For purposes of <> carrying out the provisions of and the
    amendments made by section 120 of division CC of the Consolidated
    Appropriations Act, 2021, the Secretary shall provide for the transfer,
    from the Federal Hospital Insurance Trust Fund under section 1817 and
    the Federal Supplementary Medical Insurance Trust Fund under section
    1841 (in such proportion as the Secretary determines appropriate), to
    the Centers for Medicare & Medicaid Services Program Management Account,
    of $2,000,000 for each of fiscal years 2021 through 2030, to remain
    available until expended.''.
    SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE MEDICARE
    PROGRAM.

    (a) In General.--Section 1834(a)(9)(D)(ii) of the Social Security
    Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection (b),
    is amended by adding at the end the following new sentence:
    ``The <>  requirement of the preceding sentence
    shall not apply beginning with the second calendar quarter beginning on
    or after the date of the enactment of this sentence.''.

    (b) Technical Correction.--
    (1) In general.--Section 4552(b) of the Balanced Budget Act
    of 1997 (Public Law 105-33) <>  is amended
    by striking ``section 1848(a)(9)'' and inserting ``section
    1834(a)(9)''.
    (2) <>  Effective date.--The
    amendment made by paragraph (1) shall take effect as if included
    in the enactment of the Balanced Budget Act of 1997 (Public Law
    105-33).

    (c) <>  Implementation.--Notwithstanding
    any other provision of law, the Secretary of Health and Human Services
    may implement the amendments made by this section by program instruction
    or otherwise.
    SEC. 122. WAIVING MEDICARE COINSURANCE FOR CERTAIN COLORECTAL
    CANCER SCREENING TESTS.

    (a) In General.--Section 1833(a) of the Social Security Act (42
    U.S.C. 1395l(a)) is amended--
    (1) in the second sentence, by striking ``section 1834(0)''
    and inserting ``section 1834(o)'';
    (2) by moving such second sentence 2 ems to the left; and
    (3) <>  by inserting
    the following third sentence following such second sentence:
    ``For services furnished on or after January 1, 2022, paragraph
    (1)(Y) shall apply with respect to a colorectal cancer screening
    test regardless of the code that is billed for the establishment
    of a diagnosis as a result of the test, or for the removal of
    tissue or other matter or other procedure that is furnished in
    connection with, as a result of, and in the same clinical
    encounter as the screening test.''.

    [[Page 2956]]

    (b) Special Coinsurance Rule for Certain Tests.--Section 1833 of the
    Social Security Act (42 U.S.C. 1395l) is amended--
    (1) in subsection (a)(1)(Y), by inserting ``subject to
    subsection (dd),'' before ``with respect to''; and
    (2) by adding at the end the following new subsection:

    ``(dd) Special Coinsurance Rule for Certain Colorectal Cancer
    Screening Tests.--
    ``(1) <>  In general.--In the case of a
    colorectal cancer screening test to which paragraph (1)(Y) of
    subsection (a) would not apply but for the third sentence of
    such subsection that is furnished during a year beginning on or
    after January 1, 2022, and before January 1, 2030, the amount
    paid shall be equal to the specified percent (as defined in
    paragraph (2)) for such year of the lesser of the actual charge
    for the service or the amount determined under the fee schedule
    that applies to such test under this part (or, in the case such
    test is a covered OPD service (as defined in subsection
    (t)(1)(B)), the amount determined under subsection (t)).
    ``(2) Specified percent defined.--For purposes of paragraph
    (1), the term `specified percent' means--
    ``(A) for 2022, 80 percent;
    ``(B) for 2023 through 2026, 85 percent; and
    ``(C) for 2027 through 2029, 90 percent.''.

    (c) Conforming Amendments.--Paragraphs (2) and (3) of section
    1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each
    amended--
    (1) in subparagraph (C)(ii), in the matter preceding
    subclause (I), by striking ``Notwithstanding'' and inserting
    ``Subject to section 1833(a)(1)(Y), but notwithstanding''; and
    (2) in subparagraph (D), by striking ``If during'' and
    inserting ``Subject to section 1833(a)(1)(Y), if during''.
    SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FURNISHED
    THROUGH TELEHEALTH.

    (a) Treatment of Mental Health Services Furnished Through
    Telehealth.--Paragraph (7) of section 1834(m) of the Social Security Act
    (42 U.S.C. 1395m(m)) is amended--
    (1) by striking ``disorder services furnished through
    telehealth.--The geographic'' and inserting ``disorder services
    and mental health services furnished through telehealth.--
    ``(A) In general.--The geographic'';
    (2) <>  in subparagraph (A), as added
    by paragraph (1), by inserting ``or, on or after the first day
    after the end of the emergency period described in section
    1135(g)(1)(B), subject to subparagraph (B), to an eligible
    telehealth individual for purposes of diagnosis, evaluation, or
    treatment of a mental health disorder, as determined by the
    Secretary,'' after ``as determined by the Secretary,''; and
    (3) by adding at the end the following new subparagraph:
    ``(B) Requirements for mental health services
    furnished through telehealth.--
    ``(i) <>  In general.--
    Payment may not be made under this paragraph for
    telehealth services furnished by a physician or
    practitioner to an eligible telehealth individual
    for purposes of diagnosis, evaluation, or
    treatment of a mental health disorder unless such
    physician

    [[Page 2957]]

    or practitioner furnishes an item or service in
    person, without the use of telehealth, for which
    payment is made under this title (or would have
    been made under this title if such individual were
    entitled to, or enrolled for, benefits under this
    title at the time such item or service is
    furnished)--
    ``(I) within the 6-month period
    prior to the first time such physician
    or practitioner furnishes such a
    telehealth service to the eligible
    telehealth individual; and
    ``(II) <>
    during subsequent periods in which such
    physician or practitioner furnishes such
    telehealth services to the eligible
    telehealth individual, at such times as
    the Secretary determines appropriate.
    ``(ii) Clarification.--This subparagraph shall
    not apply if payment would otherwise be allowed--
    ``(I) under this paragraph (with
    respect to telehealth services furnished
    to an eligible telehealth individual
    with a substance use disorder diagnosis
    for purposes of treatment of such
    disorder or co-occurring mental health
    disorder); or
    ``(II) under this subsection without
    application of this paragraph.''.

    (b) <>  Implementation.--
    Notwithstanding any other provision of law, the Secretary may implement
    the provisions of, or amendments made by, this section by interim final
    rule, program instruction, or otherwise.
    SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, FRAUD,
    AND ABUSE DETECTION.

    (a) In General.--Section 1128C(a) of the Social Security Act (42
    U.S.C. 1320a-7c(a)) is amended by adding at the end the following new
    paragraph:
    ``(6) Public-private partnership for waste, fraud, and abuse
    detection.--
    ``(A) <>  In general.--Under
    the program described in paragraph (1), there is
    established a public-private partnership (in this
    paragraph referred to as the `partnership') of health
    plans, Federal and State agencies, law enforcement
    agencies, health care anti-fraud organizations, and any
    other entity determined appropriate by the Secretary (in
    this paragraph referred to as `partners') for purposes
    of detecting and preventing health care waste, fraud,
    and abuse.
    ``(B) Contract with trusted third party.--In
    carrying out the partnership, the Secretary shall enter
    into a contract with a trusted third party for purposes
    of carrying out the duties of the partnership described
    in subparagraph (C).
    ``(C) Duties of partnership.--The partnership
    shall--
    ``(i) provide technical and operational
    support to facilitate data sharing between
    partners in the partnership;
    ``(ii) analyze data so shared to identify
    fraudulent and aberrant billing patterns;

    [[Page 2958]]

    ``(iii) conduct aggregate analyses of health
    care data so shared across Federal, State, and
    private health plans for purposes of detecting
    fraud, waste, and abuse schemes;
    ``(iv) identify outlier trends and potential
    vulnerabilities of partners in the partnership
    with respect to such schemes;
    ``(v) refer specific cases of potential
    unlawful conduct to appropriate governmental
    entities;
    ``(vi) convene, not less than annually,
    meetings with partners in the partnership for
    purposes of providing updates on the partnership's
    work and facilitating information sharing between
    the partners;
    ``(vii) enter into data sharing and data use
    agreements with partners in the partnership in
    such a manner so as to ensure the partnership has
    access to data necessary to identify waste, fraud,
    and abuse while maintaining the confidentiality
    and integrity of such data;
    ``(viii) provide partners in the partnership
    with plan-specific, confidential feedback on any
    aberrant billing patterns or potential fraud
    identified by the partnership with respect to such
    partner;
    ``(ix) establish a process by which entities
    described in subparagraph (A) may enter the
    partnership and requirements such entities must
    meet to enter the partnership;
    ``(x) provide appropriate training, outreach,
    and education to partners based on the results of
    data analyses described in clauses (ii) and (iii);
    and
    ``(xi) perform such other duties as the
    Secretary determines appropriate.
    ``(D) Substance use disorder treatment analysis.--
    Not <>  later than 2 years after the
    date of the enactment of the Consolidated Appropriations
    Act, 2021, the trusted third party with a contract in
    effect under subparagraph (B) shall perform an analysis
    of aberrant or fraudulent billing patterns and trends
    with respect to providers and suppliers of substance use
    disorder treatments from data shared with the
    partnership.
    ``(E) Executive board.--
    ``(i) Executive board composition.--
    ``(I) In general.--There shall be an
    executive board of the partnership
    comprised of representatives of the
    Federal Government and representatives
    of the private sector selected by the
    Secretary.
    ``(II) Chairs.--The executive board
    shall be co-chaired by one Federal
    Government official and one
    representative from the private sector.
    ``(ii) Meetings.--The executive board of the
    partnership shall meet at least once per year.
    ``(iii) Executive board duties.--The duties of
    the executive board shall include the following:
    ``(I) Providing strategic direction
    for the partnership, including
    membership criteria and a mission
    statement.

    [[Page 2959]]

    ``(II) Communicating with the
    leadership of the Department of Health
    and Human Services and the Department of
    Justice and the various private health
    sector associations.
    ``(F) <>  Reports.--Not later than January 1, 2023,
    and every 2 years thereafter, the Secretary shall submit
    to Congress and make available on the public website of
    the Centers for Medicare & Medicaid Services a report
    containing--
    ``(i) <>  a review of
    activities conducted by the partnership over the
    2-year period ending on the date of the submission
    of such report, including any progress to any
    objectives established by the partnership;
    ``(ii) any savings voluntarily reported by
    health plans participating in the partnership
    attributable to the partnership during such
    period;
    ``(iii) any savings to the Federal Government
    attributable to the partnership during such
    period;
    ``(iv) <>  any other
    outcomes attributable to the partnership, as
    determined by the Secretary, during such period;
    and
    ``(v) <>  a strategic
    plan for the 2-year period beginning on the day
    after the date of the submission of such report,
    including a description of any emerging fraud and
    abuse schemes, trends, or practices that the
    partnership intends to study during such period.
    ``(G) Funding.--The partnership shall be funded by
    amounts otherwise made available to the Secretary for
    carrying out the program described in paragraph (1).
    ``(H) <>  Transitional
    provisions.--To the extent consistent with this
    subsection, all functions, personnel, assets,
    liabilities, and administrative actions applicable on
    the date before the date of the enactment of this
    paragraph to the National Fraud Prevention Partnership
    established on September 17, 2012, by charter of the
    Secretary shall be transferred to the partnership
    established under subparagraph (A) as of the date of the
    enactment of this paragraph.
    ``(I) Nonapplicability of faca.--The provisions of
    the Federal Advisory Committee Act shall not apply to
    the partnership established by subparagraph (A).
    ``(J) Implementation.--Notwithstanding any other
    provision of law, the Secretary may implement the
    partnership established by subparagraph (A) by program
    instruction or otherwise.
    ``(K) Definition.--For purposes of this paragraph,
    the term `trusted third party' means an entity that--
    ``(i) demonstrates the capability to carry out
    the duties of the partnership described in
    subparagraph (C);
    ``(ii) <>
    complies with such conflict of interest standards
    determined appropriate by the Secretary; and
    ``(iii) meets such other requirements as the
    Secretary may prescribe.''.

    (b) Potential Expansion of Public-Private Partnership Analyses.--
    <> Not <>  later
    than 2 years after the date of the enactment of this Act, the Secretary
    of Health and Human Services shall conduct a study and submit to
    Congress a report on the feasibility

    [[Page 2960]]

    of the partnership (as described in section 1128C(a)(6) of the Social
    Security Act, as added by subsection (a)) establishing a system to
    conduct real-time data analysis to proactively identify ongoing as well
    as emergent fraud trends for the entities participating in the
    partnership and provide such entities with real-time feedback on
    potentially fraudulent claims. <>  Such report shall include the estimated
    cost of and any potential barriers to the partnership establishing such
    a system.
    SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.

    (a) In General.--
    (1) Definitions.--Section 1861 of the Social Security Act
    (42 U.S.C. 1395x) is amended--
    (A) in subsection (e), in the last sentence of the
    matter following paragraph (9), by inserting ``or a
    rural emergency hospital (as defined in subsection
    (kkk)(2))'' before the period at the end; and
    (B) by adding at the end the following subsection:

    ``Rural Emergency Hospital Services; Rural Emergency Hospital

    ``(kkk)(1) Rural Emergency Hospital Services.--
    ``(A) In general.--The term `rural emergency hospital
    services ' means the following services furnished by a rural
    emergency hospital (as defined in paragraph (2)) that do not
    exceed an annual per patient average of 24 hours in such rural
    emergency hospital:
    ``(i) Emergency department services and observation
    care.
    ``(ii) At the election of the rural emergency
    hospital, with respect to services furnished on an
    outpatient basis, other medical and health services as
    specified by the Secretary through rulemaking.
    ``(B) Staffed emergency department.--For purposes of
    subparagraph (A)(i), an emergency department of a rural
    emergency hospital shall be considered a staffed emergency
    department if it meets the following requirements:
    ``(i) The emergency department is staffed 24 hours a
    day, 7 days a week.
    ``(ii) A physician (as defined in section
    1861(r)(1)), nurse practitioner, clinical nurse
    specialist, or physician assistant (as those terms are
    defined in section 1861(aa)(5)) is available to furnish
    rural emergency hospital services in the facility 24
    hours a day.
    ``(iii) Applicable staffing and staffing
    responsibilities under section 485.631 of title 42, Code
    of Federal Regulations (or any successor regulation).

    ``(2) Rural Emergency Hospital.--The term `rural emergency hospital'
    means a facility described in paragraph (3) that--
    ``(A) <>  is
    enrolled under section 1866(j), submits the additional
    information described in paragraph (4)(A) for purposes of such
    enrollment, and makes the detailed transition plan described in
    clause (i) of such paragraph available to the public, in a form
    and manner determined appropriate by the Secretary;
    ``(B) does not provide any acute care inpatient services,
    other than those described in paragraph (6)(A);

    [[Page 2961]]

    ``(C) has in effect a transfer agreement with a level I or
    level II trauma center;
    ``(D) meets--
    ``(i) licensure requirements as described in
    paragraph (5);
    ``(ii) the requirements of a staffed emergency
    department as described in paragraph (1)(B);
    ``(iii) such staff training and certification
    requirements as the Secretary may require;
    ``(iv) <>  conditions of
    participation applicable to--
    ``(I) critical access hospitals, with respect
    to emergency services under section 485.618 of
    title 42, Code of Federal Regulations (or any
    successor regulation); and
    ``(II) <>  hospital
    emergency departments under this title, as
    determined applicable by the Secretary;
    ``(v) such other requirements as the Secretary finds
    necessary in the interest of the health and safety of
    individuals who are furnished rural emergency hospital
    services; and
    ``(vi) in the case where the rural emergency
    hospital includes a distinct part unit of the facility
    that is licensed as a skilled nursing facility, such
    distinct part meets the requirements applicable to
    skilled nursing facilities under this title.

    ``(3) Facility Described.--A facility described in this paragraph is
    a facility that as of the date of the enactment of this subsection--
    ``(A) was a critical access hospital; or
    ``(B) was a subsection (d) hospital (as defined in section
    1886(d)(1)(B)) with not more than 50 beds located in a county
    (or equivalent unit of local government) in a rural area (as
    defined in section 1886(d)(2)(D)), or was a subsection (d)
    hospital (as so defined) with not more than 50 beds that was
    treated as being located in a rural area pursuant to section
    1886(d)(8)(E).

    ``(4) Additional Information.--
    ``(A) Information.--For purposes of paragraph (2)(A), a
    facility that submits an application for enrollment under
    section 1866(j) as a rural emergency hospital shall submit the
    following information at such time and in such form as the
    Secretary may require:
    ``(i) An action plan for initiating rural emergency
    hospital services (as defined in paragraph (1)),
    including a detailed transition plan that lists the
    specific services that the facility will--
    ``(I) retain;
    ``(II) modify
    ``(III) add; and
    ``(IV) discontinue.
    ``(ii) A description of services that the facility
    intends to furnish on an outpatient basis pursuant to
    paragraph (1)(A)(ii).
    ``(iii) Information regarding how the facility
    intends to use the additional facility payment provided
    under section 1834(x)(2), including a description of the
    services covered under this title that the additional
    facility payment

    [[Page 2962]]

    would be supporting, such as furnishing telehealth
    services and ambulance services, including operating the
    facility and maintaining the emergency department to
    provide such services covered under this title.
    ``(iv) <>  Such other
    information as the Secretary determines appropriate.
    ``(B) Effect of enrollment.--Such enrollment shall remain
    effective with respect to a facility until such time as--
    ``(i) the facility elects to convert back to its
    prior designation as a critical access hospital or a
    subsection (d) hospital (as defined in section
    1886(d)(1)(B)), subject to requirements applicable under
    this title for such designation and in accordance with
    procedures established by the Secretary; or
    ``(ii) <>  the Secretary
    determines the facility does not meet the requirements
    applicable to a rural emergency hospital under this
    subsection.

    ``(5) Licensure.--A facility may not operate as a rural emergency
    hospital in a State unless the facility--
    ``(A) is located in a State that provides for the licensing
    of such hospitals under State or applicable local law; and
    ``(B)(i) is licensed pursuant to such law; or
    ``(ii) is approved by the agency of such State or locality
    responsible for licensing hospitals, as meeting the standards
    established for such licensing.

    ``(6) Discretionary Authority.--A rural emergency hospital may--
    ``(A) include a unit of the facility that is a distinct part
    licensed as a skilled nursing facility to furnish post-hospital
    extended care services; and
    ``(B) be considered a hospital with less than 50 beds for
    purposes of the exception to the payment limit for rural health
    clinics under section 1833(f).

    ``(7) Quality Measurement.--
    ``(A) In general.--The Secretary shall establish quality
    measurement reporting requirements for rural emergency
    hospitals, which may include the use of a small number of
    claims-based outcomes measures or surveys of patients with
    respect to their experience in the rural emergency hospital, in
    accordance with the succeeding provisions of this paragraph.
    ``(B) Quality reporting by rural emergency hospitals.--
    ``(i) <>  In general.--
    With respect to each year beginning with 2023, (or each
    year beginning on or after the date that is one year
    after one or more measures are first specified under
    subparagraph (C)), a rural emergency hospital shall
    submit data to the Secretary in accordance with clause
    (ii).
    ``(ii) Submission of quality data.--With respect to
    each such year, a rural emergency hospital shall submit
    to the Secretary data on quality measures specified
    under subparagraph (C). Such data shall be submitted in
    a form and manner, and at a time, specified by the
    Secretary for purposes of this subparagraph.
    ``(C) Quality measures.--
    ``(i) In general.--Subject to clause (ii), any
    measure specified by the Secretary under this
    subparagraph must

    [[Page 2963]]

    have been endorsed by the entity with a contract under
    section 1890(a).
    ``(ii) <>  Exception.--In the
    case of a specified area or medical topic determined
    appropriate by the Secretary for which a feasible and
    practical measure has not been endorsed by the entity
    with a contract under section 1890(a), the Secretary may
    specify a measure that is not so endorsed as long as due
    consideration is given to measures that have been
    endorsed or adopted by a consensus organization
    identified by the Secretary.
    ``(iii) Consideration of low case volume when
    specifying performance measures.--The Secretary shall,
    in the selection of measures specified under this
    subparagraph, take into consideration ways to account
    for rural emergency hospitals that lack sufficient case
    volume to ensure that the performance rates for such
    measures are reliable.
    ``(D) <>  Public availability of data
    submitted.--The Secretary shall establish procedures for making
    data submitted under subparagraph (B) available to the public
    regarding the performance of individual rural emergency
    hospitals. Such procedures shall ensure that a rural emergency
    hospital has the opportunity to review, and submit corrections
    for, the data that is to be made public with respect to the
    rural emergency hospital prior to such data being made
    public. <>  Such information
    shall be posted on the Internet website of the Centers for
    Medicare & Medicaid Services in an easily understandable format
    as determined appropriate by the Secretary.

    ``(8) Clarification Regarding Application of Provisions Relating to
    Off-campus Outpatient Department of a Provider.--Nothing in this
    subsection, section 1833(a)(10), or section 1834(x) shall affect the
    application of paragraph (1)(B)(v) of section 1833(t), relating to
    applicable items and services (as defined in subparagraph (A) of
    paragraph (21) of such section) that are furnished by an off-campus
    outpatient department of a provider (as defined in subparagraph (B) of
    such paragraph).
    ``(9) Implementation.--There shall be no administrative or judicial
    review under section 1869, 1878, or otherwise of the following:
    ``(A) The determination of whether a rural emergency
    hospital meets the requirements of this subsection.
    ``(B) The establishment of requirements under this
    subsection by the Secretary, including requirements described in
    paragraphs (2)(D), (4), and (7).
    ``(C) The determination of payment amounts under section
    1834(x), including the additional facility payment described in
    paragraph (2) of such section.''.
    (2) Payment for rural emergency hospital services.--
    (A) In general.--Section 1833(a) of the Social
    Security Act (42 U.S.C. 1395l(a)) is amended--
    (i) in paragraph (8), by striking ``and'' at
    the end;
    (ii) in paragraph (9), by striking the period
    at the end and inserting ``; and''; and
    (iii) by inserting after paragraph (9) the
    following new paragraph:

    [[Page 2964]]

    ``(10) with respect to rural emergency hospital services
    furnished on or after January 1, 2023, the amounts determined
    under section 1834(x).''.
    (B) Payment amount.--Section 1834 of the Social
    Security Act (42 U.S.C. 1395m) is amended by adding at
    the end the following subsection:

    ``(x) Payment Rules Relating to Rural Emergency Hospitals.--
    ``(1) Payment for rural emergency hospital services.--In the
    case <>  of rural emergency hospital
    services (as defined in section 1861(kkk)(1)), furnished by a
    rural emergency hospital (as defined in section 1861(kkk)(2)) on
    or after January 1, 2023, the amount of payment for such
    services shall be equal to the amount of payment that would
    otherwise apply under section 1833(t) for covered OPD services
    (as defined in section 1833(t)(1)(B) (other than clause (ii) of
    such section)), increased by 5 percent to reflect the higher
    costs incurred by such hospitals, and shall include the
    application of any copayment amount determined under section
    1833(t)(8) as if such increase had not occurred.
    ``(2) Additional facility payment.--
    ``(A) In general.--The Secretary shall make monthly
    payments to a rural emergency hospital in an amount that
    is equal to \1/12\ of the annual additional facility
    payment specified in subparagraph (B).
    ``(B) Annual additional facility payment amount.--
    The annual additional facility payment amount specified
    in this subparagraph is--
    ``(i) for 2023, a Medicare subsidy amount
    determined under subparagraph (C); and
    ``(ii) for 2024 and each subsequent year, the
    amount determined under this subparagraph for the
    preceding year, increased by the hospital market
    basket percentage increase.
    ``(C) Determination of medicare subsidy amount.--For
    purposes of subparagraph (B)(i), the Medicare subsidy
    amount determined under this subparagraph is an amount
    equal to--
    ``(i) the excess (if any) of--
    ``(I) the total amount that the
    Secretary determines was paid under this
    title to all critical access hospitals
    in 2019; over
    ``(II) the estimated total amount
    that the Secretary determines would have
    been paid under this title to such
    hospitals in 2019 if payment were made
    for inpatient hospital, outpatient
    hospital, and skilled nursing facility
    services under the applicable
    prospective payment systems for such
    services during such year; divided by
    ``(ii) the total number of such hospitals in
    2019.
    ``(D) Reporting on use of the additional facility
    payment.--A rural emergency hospital receiving the
    additional facility payment under this paragraph shall
    maintain detailed information as specified by the
    Secretary as to how the facility has used the additional
    facility payments. Such information shall be made
    available to the Secretary upon request.

    [[Page 2965]]

    ``(3) Payment for ambulance services.--For provisions
    relating to payment for ambulance services furnished by an
    entity owned and operated by a rural emergency hospital, see
    section 1834(l).
    ``(4) Payment for post-hospital extended care services.--For
    provisions relating to payment for post-hospital extended care
    services furnished by a rural emergency hospital that has a unit
    that is a distinct part licensed as a skilled nursing facility,
    see section 1888(e).
    ``(5) Source of payments.--
    ``(A) In general.--Except as provided in
    subparagraph (B), payments under this subsection shall
    be made from the Federal Supplementary Medical Insurance
    Trust Fund under section 1841.
    ``(B) Additional facility payment and post-hospital
    extended care services.--Payments under paragraph (2)
    shall be made from the Federal Hospital Insurance Trust
    Fund under section 1817.''.

    (b) Provider Agreements.--
    (1) Agreement with qio.--Section 1866(a) of the Social
    Security Act (42 U.S.C. 1395cc(a)) is amended--
    (A) in paragraph (1)(F)(ii), by inserting ``rural
    emergency hospitals,'' after ``critical access
    hospitals,''; and
    (B) in paragraph (3)--
    (i) in subparagraph (A), by inserting ``rural
    emergency hospital,'' after ``critical access
    hospital,'';
    (ii) in subparagraph (B), by inserting ``rural
    emergency hospital,'' after ``critical access
    hospital,'' each place it appears; and
    (iii) in subparagraph (C)(ii)(II), by
    inserting ``rural emergency hospitals,'' after
    ``critical access hospitals,'' each place it
    appears.
    (2) Emergency medical treatment and labor act.--
    (A) Section 1866(a)(1) of the Social Security Act
    (42 U.S.C. 1395cc(a)(1)) is amended--
    (i) in subparagraph (I)--
    (I) in the matter preceding clause
    (i), by striking ``or critical access
    hospital'' and inserting ``, critical
    access hospital, or rural emergency
    hospital''; and
    (II) in clause (ii), by inserting
    ``, critical access hospital, or rural
    emergency hospital'' after ``hospital'';
    and
    (ii) in subparagraph (N)--
    (I) in the matter preceding clause
    (i), by striking ``and critical access
    hospitals'' and inserting ``, critical
    access hospitals, and rural emergency
    hospitals'';
    (II) in clause (i), by striking ``or
    critical access hospital'' and inserting
    ``, critical access hospital, or rural
    emergency hospital''; and
    (III) in clause (iv), by inserting
    ``, critical access hospital, or rural
    emergency hospital'' after ``hospital''.

    [[Page 2966]]

    (B) Section 1867(e)(5) of such Act (42 U.S.C.
    1395dd(e)(5)) is amended by inserting ``and a rural
    emergency hospital (as defined in section
    1861(kkk)(2))'' before the period.

    (c) Treatment as Telehealth Originating Site.--Section
    1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
    1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
    subclause:
    ``(XI) A rural emergency hospital
    (as defined in section 1861(kkk)(2)).''.

    (d) Conforming Amendments.--
    (1) Section 1861(u) of the Social Security Act (42 U.S.C.
    1395x(u)) is amended by inserting ``rural emergency hospital,''
    after ``critical access hospital,''.
    (2) Section 1864 of the Social Security Act (42 U.S.C.
    1395aa) is amended by inserting before the period at the end of
    the first sentence ``, or whether a facility is a rural
    emergency hospital as defined in section 1861(kkk)(2).

    (e) Studies and Reports.--
    (1) <>  Studies.--The Secretary of Health
    and Human Services shall conduct 3 studies to evaluate the
    impact of rural emergency hospitals on the availability of
    health care and health outcomes in rural areas (as defined in
    section 1886(d)(2)(D) of the Social Security Act (42 U.S.C.
    1395ww(d)(2)(D))). <>  The Secretary shall
    conduct a study--
    (A) 4 years after the date of the enactment of this
    Act;
    (B) 7 years after the date of the enactment of this
    Act; and
    (C) 10 years after the date of the enactment of this
    Act.
    (2) Reports.--Not later than 6 months after each date that
    the Secretary of Health and Human Services is required to
    conduct a study under paragraph (1), the Secretary shall submit
    to Congress a report containing the results of each such study.
    (3) <>  Funding.--
    For purposes of carrying out this subsection, the Secretary of
    Health and Human Services shall provide for the transfer, from
    the Federal Hospital Insurance Trust Fund under section 1817 of
    the Social Security Act (42 U.S.C. 1395i) and the Federal
    Supplementary Medical Insurance Trust Fund under section 1841 of
    such Act (42 U.S.C. 1395t), in such proportion as the Secretary
    determines appropriate, to the Centers for Medicare & Medicaid
    Services Program Management Account, of $9,000,000. Amounts
    transferred under the preceding sentence shall remain available
    until expended.

    (f) <>  MedPAC Review of Payments to
    Rural Emergency Hospitals.--Each report submitted by the Medicare
    Payment Advisory Commission under section 1805(b)(1)(C) of the Social
    Security Act (42 U.S.C. 1395b-6(b)(1)(C)) (beginning with 2024), shall
    include a review of payments to rural emergency hospitals under section
    1834(x), as added by subsection (a).

    (g) <>  Effective Date.--The amendments
    made by this section shall apply to items and services furnished on or
    after January 1, 2023.

    [[Page 2967]]

    SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

    (a) In General.--Section 1886(h) of the Social Security Act (42
    U.S.C. 1395ww(h)) is amended--
    (1) in paragraph (4)(F)(i), by striking ``paragraphs (7) and
    (8)'' and inserting ``paragraphs (7), (8), and (9)'';
    (2) in paragraph (4)(H)(i), by striking ``paragraphs (7) and
    (8)'' and inserting ``paragraphs (7), (8), and (9)'';
    (3) in paragraph (7)(E), by inserting ``paragraph (9),''
    after ``paragraph (8),''; and
    (4) by adding at the end the following new paragraph:
    ``(9) Distribution of additional residency positions.--
    ``(A) Additional residency positions.--
    ``(i) <>
    In general.--For fiscal year 2023, and for each
    succeeding fiscal year until the aggregate number
    of full-time equivalent residency positions
    distributed under this paragraph is equal to the
    aggregate number of such positions made available
    (as specified in clause (ii)(I)), the Secretary
    shall, subject to the succeeding provisions of
    this paragraph, increase the otherwise applicable
    resident limit for each qualifying hospital (as
    defined in subparagraph (F)) that submits a timely
    application under this subparagraph by such number
    as the Secretary may approve effective beginning
    July 1 of the fiscal year of the increase.
    ``(ii) Number available for distribution.--
    ``(I) Total number available.--The
    aggregate number of such positions made
    available under this paragraph shall be
    equal to 1,000.
    ``(II) Annual limit.--The aggregate
    number of such positions so made
    available shall not exceed 200 for a
    fiscal year.
    ``(iii) Process for distributing positions.--
    ``(I) Rounds of applications.--The
    Secretary shall initiate a separate
    round of applications for an increase
    under clause (i) for each fiscal year
    for which such an increase is to be
    provided.
    ``(II) <>
    Timing.--The Secretary shall notify
    hospitals of the number of positions
    distributed to the hospital under this
    paragraph as a result of an increase in
    the otherwise applicable resident limit
    by January 31 of the fiscal year of the
    increase. Such <>  increase shall be effective
    beginning July 1 of such fiscal year.
    ``(B) <>  Distribution.--For
    purposes of providing an increase in the otherwise
    applicable resident limit under subparagraph (A), the
    following shall apply:
    ``(i) <>  Considerations
    in distribution.--In determining for which
    qualifying hospitals such an increase is provided
    under subparagraph (A), the Secretary shall take
    into account the demonstrated likelihood of the
    hospital filling the positions made available
    under this paragraph within the first 5 training
    years beginning after the date the increase would
    be effective, as determined by the Secretary.
    ``(ii) Minimum distribution for certain
    categories of hospitals.--With respect to the
    aggregate number of such positions available for
    distribution

    [[Page 2968]]

    under this paragraph, the Secretary shall
    distribute not less than 10 percent of such
    aggregate number to each of the following
    categories of hospitals:
    ``(I) Hospitals that are located in
    a rural area (as defined in section
    1886(d)(2)(D)) or are treated as being
    located in a rural area pursuant to
    section 1886(d)(8)(E).
    ``(II) Hospitals in which the
    reference resident level of the hospital
    (as specified in subparagraph (F)(iii))
    is greater than the otherwise applicable
    resident limit.
    ``(III) Hospitals in States with--
    ``(aa) new medical schools
    that received `Candidate School'
    status from the Liaison
    Committee on Medical Education
    or that received `Pre-
    Accreditation' status from the
    American Osteopathic Association
    Commission on Osteopathic
    College Accreditation on or
    after January 1, 2000, and that
    have achieved or continue to
    progress toward `Full
    Accreditation' status (as such
    term is defined by the Liaison
    Committee on Medical Education)
    or toward `Accreditation' status
    (as such term is defined by the
    American Osteopathic Association
    Commission on Osteopathic
    College Accreditation); or
    ``(bb) additional locations
    and branch campuses established
    on or after January 1, 2000, by
    medical schools with `Full
    Accreditation' status (as such
    term is defined by the Liaison
    Committee on Medical Education)
    or `Accreditation' status (as
    such term is defined by the
    American Osteopathic Association
    Commission on Osteopathic
    College Accreditation).
    ``(IV) Hospitals that serve areas
    designated as health professional
    shortage areas under section
    332(a)(1)(A) of the Public Health
    Service Act, as determined by the
    Secretary.
    ``(C) Limitations.--
    ``(i) In general.--A hospital may not receive
    more than 25 additional full-time equivalent
    residency positions under this paragraph.
    ``(ii) Prohibition on distribution to
    hospitals without an increase agreement.--No
    increase in the otherwise applicable resident
    limit of a hospital may be made under this
    paragraph unless such hospital agrees to increase
    the total number of full-time equivalent residency
    positions under the approved medical residency
    training program of such hospital by the number of
    such positions made available by such increase
    under this paragraph.
    ``(D) Application of per resident amounts for
    primary care and nonprimary care.--With respect to
    additional residency positions in a hospital
    attributable to the increase provided under this
    paragraph, the approved FTE per resident amounts are
    deemed to be equal to the hospital

    [[Page 2969]]

    per resident amounts for primary care and nonprimary
    care computed under paragraph (2)(D) for that hospital.
    ``(E) Permitting facilities to apply aggregation
    rules.--The Secretary <>  shall
    permit hospitals receiving additional residency
    positions attributable to the increase provided under
    this paragraph to, beginning in the fifth year after the
    effective date of such increase, apply such positions to
    the limitation amount under paragraph (4)(F) that may be
    aggregated pursuant to paragraph (4)(H) among members of
    the same affiliated group.
    ``(F) Definitions.--In this paragraph:
    ``(i) Otherwise applicable resident limit.--
    The term `otherwise applicable resident limit'
    means, with respect to a hospital, the limit
    otherwise applicable under subparagraphs (F)(i)
    and (H) of paragraph (4) on the resident level for
    the hospital determined without regard to this
    paragraph but taking into account paragraphs
    (7)(A), (7)(B), (8)(A), and (8)(B).
    ``(ii) Qualifying hospital.--The term
    `qualifying hospital' means a hospital described
    in any of subclauses (I) through (IV) of
    subparagraph (B)(ii).
    ``(iii) <>  Reference
    resident level.--The term `reference resident
    level' means, with respect to a hospital, the
    resident level for the most recent cost reporting
    period of the hospital ending on or before the
    date of enactment of this paragraph, for which a
    cost report has been settled (or, if not,
    submitted (subject to audit)), as determined by
    the Secretary.
    ``(iv) Resident level.--The term `resident
    level' has the meaning given such term in
    paragraph (7)(C)(i).''.

    (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
    U.S.C. 1395ww(d)(5)(B)) is amended--
    (1) in clause (v), in the third sentence, by striking ``and
    (h)(8)'' and inserting ``(h)(8), and (h)(9)'';
    (2) by redesignating clause (x), as added by section 5505(b)
    of the Patient Protection and Affordable Care Act (Public Law
    111-148), as clause (xi) and moving such clause 4 ems to the
    left; and
    (3) by adding after clause (xi), as redesignated by
    subparagraph (A), the following new clause:
    ``(xii) For discharges occurring on or after
    July 1, 2023, insofar as an additional payment
    amount under this subparagraph is attributable to
    resident positions distributed to a hospital under
    subsection (h)(9), the indirect teaching
    adjustment factor shall be computed in the same
    manner as provided under clause (ii) with respect
    to such resident positions.''.

    (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
    Social Security Act (42 U.S.C. 1395ww-4(h)(7)(E)) is amended by
    inserting ``paragraph (9),'' after ``paragraph (8),''.
    (d) Reports.--
    (1) <>  In general.--Not later than September
    30, 2025, and again not later than September 30, 2027, the
    Comptroller General of the United States (in this subsection
    referred to as the ``Comptroller General'') shall conduct a
    study and submit to Congress a report on--

    [[Page 2970]]

    (A) the distribution of additional full-time
    equivalent resident positions under paragraph (9) of
    section 1886(h) of the Social Security Act, as added by
    subsection (a); and
    (B) rural track and rotator programs under such
    section.
    (2) Contents.--Each report described in paragraph (1) shall
    include--
    (A) a description of the distribution described in
    paragraph (1)(A) and an analysis of the use of such
    positions so distributed, including a description of the
    effects of such distribution on rural track and rotator
    programs;
    (B) a specification, with respect to each hospital
    that has received such a distribution, of whether such
    hospital has abided by the agreement described in
    paragraph (9)(C)(ii) of section 1886(h) of the Social
    Security Act, as added by subsection (a); and
    (C) to the extent practicable, a description of--
    (i) the type of program in which each such
    position so distributed is being used;
    (ii) the total number of full-time equivalent
    residency positions available in each such
    program;
    (iii) the number of instances in which
    residents filling such positions so distributed
    treated individuals entitled to benefits under
    part A, or enrolled under part B, of title XVIII
    of the Social Security Act (42 U.S.C. 1395 et
    seq.);
    (iv) the location where each resident that
    filled a position so distributed went on to
    practice.
    SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.

    Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(iv)) is amended--
    (1) by striking ``(iv) Nonrural Hospital Operating Training
    Programs in Rural Areas.--In the case of'' and inserting the
    following:
    ``(iv) Training programs in rural areas.--
    ``(I) Cost reporting periods
    beginning before october 1, 2022.--For
    cost reporting periods beginning before
    October 1, 2022, in the case of''; and
    (2) by adding at the end the following new subclause:
    ``(II) Cost reporting periods
    beginning on or after october 1, 2022.--
    For cost reporting periods beginning on
    or after October 1, 2022, in the case of
    a hospital not located in a rural area
    that established or establishes a
    medical residency training program (or
    rural tracks) in a rural area or
    establishes an accredited program where
    greater than 50 percent of the program
    occurs in a rural area, the Secretary
    shall consistent with the principles of
    subparagraphs (F) and (G) and subject to
    paragraphs (7) and (8), prescribe rules
    for the application of such
    subparagraphs with respect to such a
    program and, in accordance with such
    rules, adjust in an appropriate manner
    the

    [[Page 2971]]

    limitation under subparagraph (F) for
    such hospital and each such hospital
    located in a rural area that
    participates in such a training.''.
    SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL
    DEMONSTRATION PROGRAM.

    (a) Extension.--
    (1) In general.--Subsection (a)(5) of section 410A of the
    Medicare Prescription Drug, Improvement, and Modernization Act
    of 2003 (Public Law 108-173; 42 U.S.C. 1395ww note), is amended
    by striking ``10-year extension period'' and inserting ``15-year
    extension period''.
    (2) Conforming amendments for extension.--
    (A) Extension of demonstration period.--Subsection
    (g) of such section 410A is amended--
    (i) in the subsection heading, by striking
    ``Ten-Year'' and inserting ``Fifteen-Year'';
    (ii) in paragraph (1)--
    (I) by striking ``additional 10-
    year'' and inserting ``additional 15-
    year''; and
    (II) by striking ``10-year extension
    period'' and inserting ``15-year
    extension period'';
    (iii) in paragraph (2), by striking ``10-year
    extension period'' and inserting ``15-year
    extension period'';
    (iv) in paragraph (3), by striking ``10-year
    extension period'' and inserting ``15-year
    extension period'';
    (v) in paragraph (4), by striking ``10-year
    extension period'' each place it appears and
    inserting ``15-year extension period'';
    (vi) in paragraph (5), by striking ``10-year
    extension period'' and inserting ``15-year
    extension period''; and
    (vii) in subparagraph (A) of paragraph (6), by
    striking ``10-year extension period'' and
    inserting ``15-year extension period''.
    (B) Rule for hospitals that are not original
    participants in the demonstration.--Paragraph (5) of
    subsection (g) of such section 410A is amended--
    (i) by striking ``program.--During'' and
    inserting ``program.--
    ``(A) CURES act extension.--During''; and
    (ii) by adding at the end the following new
    subparagraph:
    ``(B) <>  Additional
    extension.--During the third 5 years of the 15-year
    extension period, the Secretary shall apply the
    provisions of paragraph (4) to rural community hospitals
    that are not described in paragraph (4) but are
    participating in the demonstration program under this
    section as of December 30, 2019, in a similar manner as
    such provisions apply to rural community hospitals
    described in paragraph (4).''.

    (b) Clarifying Technical Amendments.--Such section 410A, as amended
    by subsection (a), is further amended--
    (1) in subsection (a)(1), by inserting ``of Health and Human
    Services'' after ``Secretary'';
    (2) in subsection (f)(1)(A)(iv) by inserting ``of the Social
    Security Act (42 U.S.C. 1395i-4)'' after ``section 1820''; and
    (3) in subsection (g)--

    [[Page 2972]]

    (A) in the heading of paragraph (4), by striking
    ``Hospitals in demonstration program on date of
    enactment'' and inserting ``Hospitals participating in
    the demonstration program during the initial 5-year
    period''; and
    (B) in paragraph (6)(A), by striking ``not later
    than 120 days after the date of the enactment of this
    paragraph'' and inserting ``not later than April 12,
    2017''.
    SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION
    PROJECT DEMONSTRATION.

    (a) In General.--Subsection (f) of section 123 of the Medicare
    Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395i-4
    note) is amended--
    (1) in paragraph (1), by striking ``3-year period beginning
    on October 1, 2009'' and inserting ``3-year period beginning on
    August 1, 2016 (referred to in this section as the `initial
    period'), and 5-year period beginning on July 1, 2021 (referred
    to in this section as the `extension period')'';
    (2) in paragraph (2)--
    (A) by striking ``project.--The demonstration'' and
    inserting ``project.--
    ``(A) Initial period.--During the initial period,
    the demonstration''; and
    (B) by adding at the end the following new
    subparagraph:
    ``(B) Extension period.--During the extension
    period, the demonstration project under this section
    shall be considered to have begun in a State on the date
    during such period on which the eligible counties
    selected to participate in the demonstration project
    under subsection (d)(3) begin operations in accordance
    with the requirements under the demonstration
    project.''; and
    (3) by adding at the end the following new paragraph:
    ``(3) Re-entry on a rolling basis for extension period.--A
    critical access hospital participating in the demonstration
    project under this section during the extension period shall
    begin such participation in the cost reporting year that begins
    on or after July 1, 2021.''.

    (b) Eligible Entities.--Subsection (d)(1) of such section 123 is
    amended--
    (1) in subparagraph (B), in the matter preceding clause (i),
    by striking ``In this section'' and inserting ``Subject to
    subparagraph (C), in this section''; and
    (2) by adding at the end the following new subparagraph:
    ``(C) Extension period.--An entity shall only be
    eligible to participate in the demonstration project
    under this section during the extension period if the
    entity participated in the demonstration project under
    this section during the initial period.''.

    (c) Funding.--Subsection (g)(1) of such section 123 is amended--
    (1) in subparagraph (A)--
    (A) by striking ``In general'' and inserting
    ``Initial period''; and
    (B) by inserting ``with respect to the initial
    period'' before the period at the end; and

    [[Page 2973]]

    (2) by adding at the end the following new subparagraph:
    ``(C) <>  Extension
    period.--The Secretary shall provide for the transfer of
    $10,000,000, in appropriate part from the Federal
    Hospital Insurance Trust Fund established under section
    1817 of the Social Security Act (42 U.S.C. 1395i) and
    the Federal Supplementary Medical Insurance Trust Fund
    established under section 1841 of such Act (42 U.S.C.
    1395t), to the Centers for Medicare & Medicaid Services
    for the purposes of carrying out its duties under the
    demonstration project under this section with respect to
    the extension period.''.
    SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.

    Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is
    amended--
    (1) in paragraph (2)--
    (A) by inserting ``(before April 1, 2021)'' after
    ``in a subsequent year''; and
    (B) by striking ``this subsection'' and inserting
    ``this paragraph'';
    (2) by redesignating paragraphs (1) and (2) as subparagraphs
    (A) and (B), respectively;
    (3) in the matter preceding subparagraph (A), as
    redesignated by paragraph (2)--
    (A) by inserting ``(1)'' after ``(f)''; and
    (B) by inserting ``prior to April 1, 2021'' after
    ``services provided''; and
    (4) by adding at the end the following new paragraphs:

    ``(2) In establishing limits under subsection (a) on payment for
    rural health clinic services furnished on or after April 1, 2021, by a
    rural health clinic (other than a rural health clinic described in
    paragraph (3)(B)), the Secretary shall establish such limit, for
    services provided--
    ``(A) in 2021, after March 31, at $100 per visit;
    ``(B) in 2022, at $113 per visit;
    ``(C) in 2023, at $126 per visit;
    ``(D) in 2024, at $139 per visit;
    ``(E) in 2025, at $152 per visit;
    ``(F) in 2026, at $165 per visit;
    ``(G) in 2027, at $178 per visit;
    ``(H) in 2028, at $190 per visit; and
    ``(I) in a subsequent year, at the limit established under
    this paragraph for the previous year increased by the percentage
    increase in the MEI applicable to primary care services
    furnished as of the first day of such subsequent year.

    ``(3)(A) <>  In establishing limits under
    subsection (a) on payment for rural health clinic services furnished on
    or after April 1, 2021, by a rural health clinic described in
    subparagraph (B), the Secretary shall establish such limit, with respect
    to each such rural health clinic, for services provided--
    ``(i) in 2021, after March 31, at an amount equal to the
    greater of--
    ``(I) the per visit payment amount applicable to
    such rural health clinic for rural health clinic
    services furnished in 2020, increased by the percentage
    increase in the MEI applicable to primary care services
    furnished as of the first day of 2021; or

    [[Page 2974]]

    ``(II) the limit described in paragraph (2)(A); and
    ``(ii) in a subsequent year, at an amount equal to the
    greater of--
    ``(I) the amount established under clause (i)(I) or
    this subclause for the previous year with respect to
    such rural health clinic, increased by the percentage
    increase in the MEI applicable to primary care services
    furnished as of the first day of such subsequent year;
    or
    ``(II) the limit established under paragraph (2) for
    such subsequent year.

    ``(B) A rural health clinic described in this subparagraph is a
    rural health clinic that, as of December 31, 2019, was--
    ``(i) in a hospital with less than 50 beds; and
    ``(ii) enrolled under section 1866(j).''.
    SEC. 131. <>  MEDICARE GME TREATMENT OF
    HOSPITALS ESTABLISHING NEW MEDICAL
    RESIDENCY TRAINING PROGRAMS AFTER
    HOSTING MEDICAL RESIDENT ROTATORS FOR
    SHORT DURATIONS.

    (a) Redetermination of Approved FTE Resident Amount.--Section
    1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is
    amended--
    (1) by inserting ``(i)'' before ``In the case of''; and
    (2) by adding at the end the following:
    ``(ii) In applying this subparagraph in the case of
    a hospital that trains residents and has not entered
    into a GME affiliation agreement (as defined by the
    Secretary for purposes of paragraph (4)(H)(ii)), on or
    after the date of the enactment of this clause, the
    Secretary shall not establish an FTE resident amount
    until such time as the Secretary determines that the
    hospital has trained at least 1.0 full-time-equivalent
    resident in an approved medical residency training
    program in a cost reporting period.
    ``(iii) <>  In
    applying this subparagraph for cost reporting periods
    beginning on or after the date of enactment of this
    clause, in the case of a hospital that, as of such date
    of enactment, has an approved FTE resident amount based
    on the training in an approved medical residency program
    or programs of--
    ``(I) less than 1.0 full-time-equivalent
    resident in any cost reporting period beginning
    before October 1, 1997, as determined by the
    Secretary; or
    ``(II) no more than 3.0 full-time-equivalent
    residents in any cost reporting period beginning
    on or after October 1, 1997, and before the date
    of the enactment of this clause, as determined by
    the Secretary,
    in lieu of such FTE resident amount the Secretary shall,
    in accordance with the methodology described in section
    413.77(e) of title 42 of the Code of Federal Regulations
    (or any successor regulation), establish a new FTE
    resident amount if the hospital trains at least 1.0
    full-time-equivalent resident (in the case of a hospital
    described in subclause (I)) or more than 3.0 full-time-
    equivalent residents (in the case of a hospital
    described in subclause (II)) in a cost reporting period
    beginning on or after such date of enactment and before
    the date that is 5 years after such date of enactment.

    [[Page 2975]]

    ``(iv) For purposes of carrying out this
    subparagraph for cost reporting periods beginning on or
    after the date of the enactment of this clause, a
    hospital shall report full-time-equivalent residents on
    its cost report for a cost reporting period if the
    hospital trains at least 1.0 full-time-equivalent
    residents in an approved medical residency training
    program or programs in such period.
    ``(v) As appropriate, the Secretary may consider
    information from any cost reporting period necessary to
    establish a new FTE resident amount as described in
    clause (iii).''.

    (b) Redetermination of FTE Resident Limitation.--Section
    1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(H)(i)) is amended--
    (1) by inserting ``(I)'' before ``The Secretary''; and
    (2) by adding at the end the following:
    ``(II) In applying this clause in the case of
    a hospital that, on or after the date of the
    enactment of this subclause, begins training
    residents in a new approved medical residency
    training program or programs (as defined by the
    Secretary), the Secretary shall not determine a
    limitation applicable to the hospital under
    subparagraph (F) until such time as the Secretary
    determines that the hospital has trained at least
    1.0 full-time-equivalent resident in such new
    approved medical residency training program or
    programs in a cost reporting period.
    ``(III) In applying this clause in the case of
    a hospital that, as of the date of the enactment
    of this subclause, has a limitation under
    subparagraph (F), based on a cost reporting period
    beginning before October 1, 1997, of less than 1.0
    full-time-equivalent resident, the Secretary shall
    adjust the limitation in the manner applicable to
    a new approved medical residency training program
    if the Secretary determines the hospital begins
    training at least 1.0 full-time-equivalent
    residents in a program year beginning on or after
    such date of enactment and before the date that is
    5 years after such date of enactment.
    ``(IV) In applying this clause in the case of
    a hospital that, as of the date of the enactment
    of this subclause, has a limitation under
    subparagraph (F), based on a cost reporting period
    beginning on or after October 1, 1997, and before
    such date of enactment, of no more than 3.0 full-
    time-equivalent residents, the Secretary shall
    adjust the limitation in the manner applicable to
    a new approved medical residency training program
    if the Secretary determines the hospital begins
    training more than 3.0 full-time-equivalent
    residents in a program year beginning on or after
    such date of enactment and before the date that is
    5 years after such date of enactment.
    ``(V) An adjustment to the limitation
    applicable to a hospital made pursuant to
    subclause (III) or (IV) shall be made in a manner
    consistent with the methodology, as appropriate,
    in section 413.79(e) of title 42,

    [[Page 2976]]

    Code of Federal Regulations (or any successor
    regulation). As appropriate, the Secretary may
    consider information from any cost reporting
    periods necessary to make such an adjustment to
    the limitation.''.

    (c) Technical and Conforming Amendments.--Section 1886 of the Social
    Security Act (42 U.S.C. 1395ww) is amended--
    (1) in subsection (d)(5)(B)(viii), by striking ``subsection
    (h)(4)(H)'' and inserting ``paragraphs (2)(F)(iv) and (4)(H) of
    subsection (h)''; and
    (2) in subsection (h)--
    (A) in paragraph (4)(H)(iv), by striking ``an rural
    area'' and inserting ``a rural area''; and
    (B) in paragraph (7)(E), by striking ``under this''
    and all that follows through the period at the end and
    inserting the following: ``under this paragraph,
    paragraph (8), clause (i), (ii), (iii), or (v) of
    paragraph (2)(F), or clause (i) or (vi) of paragraph
    (4)(H).''.

    (d) <>  Effective Date.--The amendments
    made by this section shall apply to payment under section 1886 of the
    Social Security Act (42 U.S.C. 1395ww) for cost reporting periods
    beginning on or after the date of the enactment of this Act.
    SEC. 132. <>  MEDICARE PAYMENT FOR CERTAIN
    FEDERALLY QUALIFIED HEALTH CENTER AND
    RURAL HEALTH CLINIC SERVICES FURNISHED
    TO HOSPICE PATIENTS.

    Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
    amended by section 125(a)(2)(B), is amended--
    (1) in subsection (o), by adding at the end the following
    new paragraph:
    ``(4) Payment for attending physician services furnished by
    federally qualified health centers to hospice patients.--In the
    case of services described in section 1812(d)(2)(A)(ii)
    furnished on or after January 1, 2022, by an attending physician
    (as defined in section 1861(dd)(3)(B), other than a physician or
    practitioner who is employed by a hospice program) who is
    employed by or working under contract with a Federally qualified
    health center, a Federally qualified health center shall be paid
    for such services under the prospective payment system under
    this subsection.''; and
    (2) by adding at the end the following new subsection:

    ``(y) Payment for Attending Physician Services Furnished by Rural
    Health Clinics to Hospice Patients.--In the case of services described
    in section 1812(d)(2)(A)(ii) furnished on or after January 1, 2022, by
    an attending physician (as defined in section 1861(dd)(3)(B), other than
    a physician or practitioner who is employed by a hospice program) who is
    employed by or working under contract with a rural health clinic, a
    rural health clinic shall be paid for such services under the
    methodology for all-inclusive rates (established by the Secretary) under
    section 1833(a)(3), subject to the limits described in section
    1833(f).''.
    SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY
    MODEL UNDER THE MEDICARE PROGRAM.

    Notwithstanding any provision of section 1115A of the Social
    Security Act (42 U.S.C. 1315a), the Secretary of Health and Human
    Services may not implement the radiation oncology model described in the
    rule entitled ``Medicare Program; Specialty Care Models To Improve
    Quality of Care and Reduce Expenditures'' (85 Fed.

    [[Page 2977]]

    Reg. 61114 et seq.), or any substantially similar model, pursuant to
    such section before January 1, 2022.
    SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES
    FOR HEMOPHILIA PATIENTS.

    (a) In General.--Section 1888(e)(2)(A)(iii) of the Social Security
    Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the end the
    following:
    ``(VI) Blood clotting factors
    indicated for the treatment of patients
    with hemophilia and other bleeding
    disorders (identified as of July 1,
    2020, by HCPCS codes J7170, J7175,
    J7177-J7183, J7185-J7190, J7192-J7195,
    J7198-J7203, J7205, J7207-J7211, and as
    subsequently modified by the Secretary)
    and items and services related to the
    furnishing of such factors under section
    1842(o)(5)(C), and any additional blood
    clotting factors identified by the
    Secretary and items and services related
    to the furnishing of such factors under
    such section.''.

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

    TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

    SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021 THROUGH
    2023.

    Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)),
    as amended by section 1106 of the Further Continuing Appropriations Act,
    2021, and Other Extensions Act, is amended--
    (1) in paragraph (7)(A)--
    (A) in clause (i), in the matter preceding subclause
    (I), by striking ``For the period'' and all that follows
    through ``2025'' and inserting ``For each of fiscal
    years 2024 through 2027,''; and
    (B) in clause (ii), by striking ``equal to--'' and
    all that follows through the period at the end and
    inserting ``equal to $8,000,000,000 for each of fiscal
    years 2024 through 2027''; and
    (2) in paragraph (8), by striking ``2025'' and inserting
    ``2027''.
    SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.

    Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended
    by adding at the end the following new subsection:
    ``(bb) Supplemental Payment Reporting Requirements.--
    ``(1) Collection and availability of supplemental payment
    data.--
    ``(A) <>  In general.--Not
    later than October 1, 2021, the Secretary shall
    establish a system for each State to submit reports, as
    determined appropriate by the Secretary, on supplemental
    payments data, as a requirement for a State plan or
    State plan amendment that would provide for a
    supplemental payment.

    [[Page 2978]]

    ``(B) Requirements.--Each report submitted by a
    State in accordance with the requirement established
    under subparagraph (A) shall include the following:
    ``(i) An explanation of how supplemental
    payments made under the State plan or a State plan
    amendment will result in payments that are
    consistent with section 1902(a)(30)(A), including
    standards with respect to efficiency, economy,
    quality of care, and access, along with the stated
    purpose and intended effects of the supplemental
    payment.
    ``(ii) <>  The
    criteria used to determine which providers are
    eligible to receive the supplemental payment.
    ``(iii) A comprehensive description of the
    methodology used to calculate the amount of, and
    distribute, the supplemental payment to each
    eligible provider, including--
    ``(I) data on the amount of the
    supplemental payment made to each
    eligible provider, if known, or, if the
    total amount is distributed using a
    formula based on data from 1 or more
    fiscal years, data on the total amount
    of the supplemental payments for the
    fiscal year or years available to all
    providers eligible to receive a
    supplemental payment;
    ``(II) if applicable, the specific
    criteria with respect to Medicaid
    service, utilization, or cost data to be
    used as the basis for calculations
    regarding the amount or distribution of
    the supplemental payment; and
    ``(III) the timing of the
    supplemental payment made to each
    eligible provider.
    ``(iv) An assurance that the total Medicaid
    payments made to an inpatient hospital provider,
    including the supplemental payment, will not
    exceed upper payment limits.
    ``(v) If not already submitted, an upper
    payment limit demonstration under section 447.272
    of title 42, Code of Federal Regulations (as such
    section is in effect as of the date of enactment
    of this subsection).
    ``(C) <>  Public availability.--
    The Secretary shall make all reports and related data
    submitted under this paragraph publicly available on the
    website of the Centers for Medicare & Medicaid Services
    on a timely basis.
    ``(2) Supplemental payment defined.--
    ``(A) In general.--Subject to subparagraph (B), in
    this subsection, the term `supplemental payment' means a
    payment to a provider that is in addition to any base
    payment made to the provider under the State plan under
    this title or under demonstration authority.
    ``(B) DSH payments excluded.--Such term does not
    include a disproportionate share hospital payment made
    under section 1923.''.
    SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.

    (a) In General.--Subsection (g) of section 1923 of the Social
    Security Act (42 U.S.C. 1396r-4) is amended to read as follows:
    ``(g) Limit on Amount of Payment to Hospital.--

    [[Page 2979]]

    ``(1) In general.--
    ``(A) Amount of adjustment subject to uncompensated
    costs.--A payment adjustment during a fiscal year shall
    not be considered to be consistent with subsection (c)
    with respect to a hospital (other than a hospital
    described in paragraph (2)(B)) if the payment adjustment
    exceeds an amount equal to--
    ``(i) the costs incurred during the year of
    furnishing hospital services by the hospital to
    individuals described in subparagraph (B) minus--
    ``(ii) the sum of--
    ``(I) payments under this title
    (other than under this section) for such
    services; and
    ``(II) payments by uninsured
    patients for such services.
    ``(B) Individuals described.--For purposes of
    subparagraph (A), the individuals described in this
    clause are the following:
    ``(i) Individuals who are eligible for medical
    assistance under the State plan or under a waiver
    of such plan and for whom the State plan or waiver
    is the primary payor for such services.
    ``(ii) <>  Subject to
    subparagraph (C), individuals who have no health
    insurance (or other source of third party
    coverage) for services provided during the year,
    as determined by the Secretary.
    ``(C) Exclusion of certain payments.--For purposes
    of subparagraph (B)(ii), payments made to a hospital for
    services provided to indigent patients made by a State
    or a unit of local government within a State shall not
    be considered to be a source of third party coverage.
    ``(2) Application of limits for certain hospitals.--
    ``(A) In general.--A payment adjustment during a
    fiscal year shall not be considered to be consistent
    with subsection (c) with respect to a hospital described
    in subparagraph (B) if the payment adjustment exceeds
    the higher of--
    ``(i) the amount determined for the hospital
    and fiscal year under paragraph (1)(A); and
    ``(ii) the amount determined for the hospital
    under paragraph (1)(A) as in effect on January 1,
    2020.
    ``(B) Hospitals described.--A hospital is described
    in this subparagraph for a fiscal year if, for the most
    recent cost reporting period, the hospital is in at
    least the 97th percentile of all hospitals with respect
    to--
    ``(i) the number of inpatient days for such
    period that were made up of patients who (for such
    days) were entitled to benefits under part A of
    title XVIII and were entitled to supplemental
    security income benefits under title XVI
    (excluding any State supplementary benefits paid
    with respect to such patients); or
    ``(ii) the percentage of total inpatient days
    that were made up of patients who (for such days)
    were described in clause (i).''.

    (b) <>  Effective Date.--
    The amendment made by this section shall take effect on October 1, 2021,
    and shall apply to payment

    [[Page 2980]]

    adjustments made under section 1923 of the Social Security Act (42
    U.S.C. 1396r-4) during fiscal years beginning on or after such date.
    SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
    DEMONSTRATION.

    (a) In General.--
    (1) Funding.--Section 6071(h) of the Deficit Reduction Act
    of 2005 (42 U.S.C. 1396a note) is amended--
    (A) in paragraph (1)--
    (i) in each of subparagraphs (F) through (H),
    by striking ``subject to paragraph (3),'';
    (ii) in subparagraph (G), by striking ``and''
    at the end;
    (iii) in subparagraph (H), by striking the
    period and inserting a semicolon; and
    (iv) by adding at the end the following new
    subparagraphs:
    ``(I) for the period beginning on December 19, 2020,
    and ending on September 30, 2021, the amount equal to
    the pro rata portion of an annual appropriation of
    $450,000,000;
    ``(J) $450,000,000 for fiscal year 2022; and
    ``(K) $450,000,000 for fiscal year 2023.'';
    (B) in paragraph (2)--
    (i) by striking ``Subject to paragraph (3),
    amounts'' and inserting ``Amounts''; and
    (ii) by striking ``2021'' and inserting
    ``2023''; and
    (C) by striking paragraph (3).
    (2) Research and evaluation.--Section 6071(g) of the Deficit
    Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
    (A) in paragraph (2), by striking ``2016'' and
    inserting ``2026''; and
    (B) in paragraph (3), by inserting ``and for each of
    fiscal years 2021 through 2023'' after ``2016,''.

    (b) Changes to Institutional Residency Period Requirement.--
    (1) In general.--Section 6071(b)(2) of the Deficit Reduction
    Act of 2005 (42 U.S.C. 1396a note) is amended--
    (A) in subparagraph (A)(i), by striking ``90'' and
    inserting ``60''; and
    (B) by striking the flush sentence after
    subparagraph (B).
    (2) <>  Effective date.--The
    amendments made by paragraph (1) shall take effect on the date
    that is 30 days after the date of the enactment of this Act.

    (c) Updates to State Application Requirements.--Section 6071 of the
    Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
    (1) in subsection (c)--
    (A) in paragraph (3), by striking ``, which shall
    include'' and all that follows through ``2007'';
    (B) in paragraph (7)--
    (i) in the paragraph heading, by striking
    ``Rebalancing'' and inserting ``Expenditures'';

    [[Page 2981]]

    (ii) in subparagraph (A), by adding ``and'' at
    the end; and
    (iii) in subparagraph (B)--
    (I) in clause (i), by striking
    ``and'' at the end;
    (II) in clause (ii), by striking the
    period at the end and inserting a
    semicolon; and
    (III) by adding at the end the
    following:
    ``(iii) <>  include a work plan
    that describes for each Federal fiscal year that occurs
    during the proposed MFP demonstration project--
    ``(I) the use of grant funds for each proposed
    initiative that is designed to accomplish the
    objective described in subsection (a)(1),
    including a funding source for each activity that
    is part of each such proposed initiative;
    ``(II) <>  an
    evaluation plan that identifies expected results
    for each such proposed initiative; and
    ``(III) <>  a
    sustainability plan for components of such
    proposed initiatives that are intended to improve
    transitions, which shall be updated with actual
    expenditure information for each Federal fiscal
    year that occurs during the MFP demonstration
    project; and
    ``(iv) <>  contain assurances that
    grant funds used to accomplish the objective described
    in subsection (a)(1) shall be obligated not later than
    24 months after the date on which the funds are awarded
    and shall be expended not later than 60 months after the
    date on which the funds are awarded (unless the
    Secretary waives either such requirement).''; and
    (C) in paragraph (13)--
    (i) in subparagraph (A), by striking ``; and''
    and inserting ``, and in such manner as will meet
    the reporting requirements set forth for the
    Transformed Medicaid Statistical Information
    System (T-MSIS);'';
    (ii) by redesignating subparagraph (B) as
    subparagraph (D); and
    (iii) by inserting after subparagraph (A) the
    following:
    ``(B) <>  the State shall report on
    a quarterly basis on the use of grant funds by distinct
    activity, as described in the approved work plan, and by
    specific population as targeted by the State;
    ``(C) <>  if the State fails to
    report the information required under subparagraph (B),
    fails to report such information on a quarterly basis,
    or fails to make progress under the approved work plan,
    the State shall implement a corrective action plan
    approved by the Secretary; and''; and
    (2) in subsection (d)(4), by adding at the end the following
    new subparagraph:
    ``(C) Corrective action plan progress.--In the case
    of a State required to implement a corrective action
    plan under subparagraph (C) of subsection (c)(13), the
    State must implement such plan and demonstrate progress
    in reporting information under subparagraph (B) of such
    subsection or progress under the approved work plan (as
    applicable).''.

    [[Page 2982]]

    (d) Funding for Quality Assurance and Improvement; Technical
    Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
    2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
    inserting the following:
    ``(2) Funding.--From the amounts appropriated under
    subsection (h)(1), $3,000,000 shall be available to the
    Secretary to carry out this subsection. Such amount shall remain
    available until expended.''.

    (e) Best Practices Evaluation.--Section 6071 of the Deficit
    Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the
    end the following:
    ``(i) Best Practices.--
    ``(1) <>  Report.--The Secretary,
    directly or through grant or contract, shall submit a report to
    the President and Congress not later than September 30, 2022,
    that contains findings and conclusions on best practices from
    MFP demonstration projects carried out with grants made under
    this section. The <>  report shall include
    information and analyses with respect to the following:
    ``(A) The most effective State strategies for
    transitioning beneficiaries from institutional to
    qualified community settings carried out under MFP
    demonstration projects and how such strategies may vary
    for different types of beneficiaries, such as
    beneficiaries who are aged, physically disabled,
    intellectually or developmentally disabled, or
    individuals with serious mental illnesses, and other
    targeted waiver beneficiary populations under section
    1915(c) of the Social Security Act.
    ``(B) The most common and the most effective State
    uses of grant funds carried out under demonstration
    projects for transitioning beneficiaries from
    institutional to qualified community settings and
    improving health outcomes, including differentiating
    funding for current initiatives that are designed for
    such purpose and funding for proposed initiatives that
    are designed for such purpose.
    ``(C) The most effective State approaches carried
    out under MFP demonstration projects for improving
    person-centered care and planning.
    ``(D) Identification of program, financing, and
    other flexibilities available under MFP demonstration
    projects, that are not available under the traditional
    Medicaid program, and which directly contributed to
    successful transitions and improved health outcomes
    under MFP demonstration projects.
    ``(E) State strategies and financing mechanisms for
    effective coordination of housing financed or supported
    under MFP demonstration projects with local housing
    authorities and other resources.
    ``(F) Effective State approaches for delivering
    Money Follows the Person transition services through
    managed care entities.
    ``(G) <>  Other best practices
    and effective transition strategies demonstrated by
    States with approved MFP demonstration projects, as
    determined by the Secretary.

    [[Page 2983]]

    ``(H) Identification and analyses of opportunities
    and challenges to integrating effective Money Follows
    the Person practices and State strategies into the
    traditional Medicaid program.
    ``(2) Collaboration.--In preparing the report required under
    this subsection, the Secretary shall collect and incorporate
    information from States with approved MFP demonstration projects
    and beneficiaries participating in such projects, and providers
    participating in such projects.
    ``(3) Waiver of paperwork reduction act.--Chapter 35 of
    title 44, United States Code, shall not apply to preparation of
    the report described in paragraph (1) or collection of
    information described in paragraph (2).
    ``(4) Funding.--From the amounts appropriated under
    subsection (h)(1) for each of fiscal years 2021 and 2022, not
    more than $300,000 shall be available to the Secretary for each
    such fiscal year to carry out this subsection.''.

    (f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of
    the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by
    subsection (e), is further amended by adding at the end the following:
    ``(j) MACPAC Report.--Prior to the final implementation date
    established by the Secretary for the criteria established for home and
    community-based settings in section 441.301(c)(4) of title 42, Code of
    Federal Regulations, as part of final implementation of the Home and
    Community Based Services (HCBS) Final Rule published on January 16, 2014
    (79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS final
    rule'), the Medicaid and CHIP Payment and Access Commission (MACPAC)
    shall submit to Congress a report that--
    ``(1) identifies the types of home and community-based
    settings and associated services that are available to eligible
    individuals in both the MFP demonstration program and sites in
    compliance with the HCBS final rule; and
    ``(2) <>  if
    determined appropriate by the Commission, recommends policies to
    align the criteria for a qualified residence under subsection
    (b)(6) (as in effect on October 1, 2017) with the criteria in
    the HCBS final rule.''.

    (g) <>  Application to Current
    Projects.--Not later than 1 year after the date of the enactment of this
    Act, the Secretary shall update the terms and conditions of any approved
    MFP demonstration project under section 6071 of the Deficit Reduction
    Act of 2005 (42 U.S.C. 1396a note) in effect on the date of the
    enactment of this Act to ensure that such terms and conditions are the
    same as are required for any new State applicant for such project under
    the amendments made by this section.
    SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

    (a) In General.--Section 2404 of the Patient Protection and
    Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking
    ``December 18, 2020'' and inserting ``September 30, 2023''.
    (b) <>  Rule of Construction.--Nothing in
    section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
    1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
    1396r-5) shall be construed as prohibiting a State from--

    [[Page 2984]]

    (1) applying an income or resource disregard under a
    methodology authorized under section 1902(r)(2) of such Act (42
    U.S.C. 1396a(r)(2))--
    (A) to the income or resources of an individual
    described in section 1902(a)(10)(A)(ii)(VI) of such Act
    (42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
    disregard of the income or resources of such
    individual's spouse); or
    (B) on the basis of an individual's need for home
    and community-based services authorized under subsection
    (c), (d), (i), or (k) of section 1915 of such Act (42
    U.S.C. 1396n) or under section 1115 of such Act (42
    U.S.C. 1315); or
    (2) disregarding an individual's spousal income and assets
    under a plan amendment to provide medical assistance for home
    and community-based services for individuals by reason of being
    determined eligible under section 1902(a)(10)(C) of such Act (42
    U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
    Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
    reduction of income based on costs incurred for medical or other
    remedial care under which the State disregarded the income and
    assets of the individual's spouse in determining the initial and
    ongoing financial eligibility of an individual for such services
    in place of the spousal impoverishment provisions applied under
    section 1924 of such Act (42 U.S.C. 1396r-5).
    SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
    DEMONSTRATION PROGRAM.

    Section 223(d) of the Protecting Access to Medicare Act of 2014 (42
    U.S.C. 1396a note), as amended by section 1104 of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act, is amended--
    (1) in paragraph (3), by striking ``under this subsection''
    and all that follows through the period and inserting ``that
    meet the requirements of this subsection through September 30,
    2023.'';
    (2) in paragraph (5)(C)(iii)(I), by striking ``during the 8
    fiscal quarter period (or any portion of the period) that begins
    on January 1, 2020'' and inserting ``through September 30,
    2023'';
    (3) in paragraph (5)(C)(iii)(II), by inserting before the
    period at the end ``or through September 30, 2023, whichever is
    longer'';
    (4) in paragraph (8)(A), by striking ``to participate'' and
    all that follows through the period and inserting ``to conduct
    demonstration programs that meet the requirements of this
    subsection for 2 years or through September 30, 2023, whichever
    is longer.''.
    SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE
    CONTROL UNITS TO INVESTIGATE AND PROS-
    ECUTE CASES OF MEDICAID PATIENT ABUSE
    AND
    NEGLECT IN ANY SETTING.

    (a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security
    Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after
    ``patients residing in board and care facilities'' the following: ``and
    of patients (who are receiving medical assistance under the State plan
    under this title (or waiver of such plan)) in a noninstitutional or
    other setting''.

    [[Page 2985]]

    (b) Availability of Funding.--Section 1903(a)(6) of the Social
    Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter following
    subparagraph (B), by striking ``(as found necessary by the Secretary for
    the elimination of fraud in the provision and administration of medical
    assistance provided under the State plan (or waiver of such plan))''.
    SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED
    STATES.

    (a) In General.--Section 402(b)(2) of the Personal Responsibility
    and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is
    amended by adding at the end the following new subparagraph:
    ``(G) Medicaid exception for citizens of freely
    associated states.--With respect to eligibility for
    benefits for the designated Federal program defined in
    paragraph (3)(C) (relating to the Medicaid program),
    paragraph (1) shall not apply to any individual who
    lawfully resides in 1 of the 50 States or the District
    of Columbia in accordance with the Compacts of Free
    Association between the Government of the United States
    and the Governments of the Federated States of
    Micronesia, the Republic of the Marshall Islands, and
    the Republic of Palau and shall not apply, at the option
    of the Governor of Puerto Rico, the Virgin Islands,
    Guam, the Northern Mariana Islands, or American Samoa as
    communicated to the Secretary of Health and Human
    Services in writing, to any individual who lawfully
    resides in the respective territory in accordance with
    such Compacts.''.

    (b) Exception to 5-Year Limited Eligibility.--Section 403(b) of such
    Act (8 U.S.C. 1613(b)) is amended by adding at the end the following new
    paragraph:
    ``(3) Exception for citizens of freely associated states.--
    An individual described in section 402(b)(2)(G), but only with
    respect to the designated Federal program defined in section
    402(b)(3)(C).''.

    (c) Definition of Qualified Alien.--Section 431(b) of such Act (8
    U.S.C. 1641(b)) is amended--
    (1) in paragraph (6), by striking ``; or'' at the end and
    inserting a comma;
    (2) in paragraph (7), by striking the period at the end and
    inserting ``, or''; and
    (3) by adding at the end the following new paragraph:
    ``(8) an individual who lawfully resides in the United
    States in accordance with a Compact of Free Association referred
    to in section 402(b)(2)(G), but only with respect to the
    designated Federal program defined in section 402(b)(3)(C)
    (relating to the Medicaid program).''.

    (d) Conforming Amendments.--Section 1108 of the Social Security Act
    (42 U.S.C. 1308) is amended--
    (1) in subsection (f), in the matter preceding paragraph
    (1), by striking ``subsection (g) and section 1935(e)(1)(B)''
    and inserting ``subsections (g) and (h) and section
    1935(e)(1)(B)''; and
    (2) by adding at the end the following:

    ``(h) Exclusion of Medical Assistance Expenditures for Citizens of
    Freely Associated States.--Expenditures for medical

    [[Page 2986]]

    assistance provided to an individual described in section 431(b)(8) of
    the Personal Responsibility and Work Opportunity Reconciliation Act of
    1996 (8 U.S.C. 1641(b)(8)) shall not be taken into account for purposes
    of applying payment limits under subsections (f) and (g).''.
    (e) <>  Effective Date.--The amendments made
    by this section shall apply to benefits for items and services furnished
    on or after the date of the enactment of this Act.
    SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.

    (a) Continuing Requirement of Medicaid Coverage of Necessary
    Transportation.--
    (1) Requirement.--Section 1902(a)(4) of the Social Security
    Act (42 U.S.C. 1396a(a)(4)) is amended--
    (A) by striking ``and including provision for
    utilization'' and inserting ``including provision for
    utilization''; and
    (B) by inserting after ``supervision of
    administration of the plan'' the following: ``, and,
    subject to section 1903(i), including a specification
    that the single State agency described in paragraph (5)
    will ensure necessary transportation for beneficiaries
    under the State plan to and from providers and a
    description of the methods that such agency will use to
    ensure such transportation''.
    (2) Application with respect to benchmark benefit packages
    and benchmark equivalent coverage.--Section 1937(a)(1) of the
    Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
    (A) in subparagraph (A), by striking ``subsection
    (E)'' and inserting ``subparagraphs (E) and (F)''; and
    (B) by adding at the end the following new
    subparagraph:
    ``(F) Necessary transportation.--Notwithstanding the
    preceding provisions of this paragraph, a State may not
    provide medical assistance through the enrollment of an
    individual with benchmark coverage or benchmark
    equivalent coverage described in subparagraph (A)(i)
    unless, subject to section 1903(i)(9) and in accordance
    with section 1902(a)(4), the benchmark benefit package
    or benchmark equivalent coverage (or the State)--
    ``(i) ensures necessary transportation for
    individuals enrolled under such package or
    coverage to and from providers; and
    ``(ii) provides a description of the methods
    that will be used to ensure such
    transportation.''.
    (3) Limitation on federal financial participation.--Section
    1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is
    amended by inserting after paragraph (8) the following new
    paragraph:
    ``(9) with respect to any amount expended for non-emergency
    transportation authorized under section 1902(a)(4), unless the
    State plan provides for the methods and procedures required
    under section 1902(a)(30)(A); or''.
    (4) <>  Effective date.--The
    amendments made by this subsection shall take effect on the date
    of the enactment of this Act and shall apply to transportation
    furnished on or after such date.

    [[Page 2987]]

    (b) Medicaid Program Integrity Measures Related to Coverage of
    Nonemergency Medical Transportation.--
    (1) <> Gao study.--Not later than two years
    after the date of the enactment of this Act, the Comptroller
    General of the United States shall conduct a study, and submit
    to Congress, a report on coverage under the Medicaid program
    under title XIX of the Social Security Act of nonemergency
    transportation to services. Such study shall take into account
    the 2009 report of the Office of the Inspector General of the
    Department of Health and Human Services, titled ``Fraud and
    Abuse Safeguards for State Medicaid Nonemergency Medical
    Transportation Services'' (OEI-06-07-
    00320). <>  Such report shall include the
    following:
    (A) An examination of the 50 States and the District
    of Columbia to identify safeguards to prevent and detect
    fraud and abuse with respect to coverage under the
    Medicaid program of nonemergency transportation to
    covered services.
    (B) An examination of transportation brokers to
    identify the range of safeguards against such fraud and
    abuse to prevent improper payments for such
    transportation.
    (C) Identification of the numbers, types, and
    outcomes of instances of fraud and abuse, with respect
    to coverage under the Medicaid program of such
    transportation, that State Medicaid Fraud Control Units
    have investigated in recent years.
    (D) Identification of commonalities or trends in
    program integrity, with respect to such coverage, to
    inform risk management strategies of States and the
    Centers for Medicare & Medicaid Services.
    (2) Stakeholder meetings.--
    (A) <>  In general.--Not later than
    18 months after the date of the enactment of this Act,
    the Secretary of Health and Human Services, through the
    Centers for Medicare & Medicaid Services, shall convene
    a series of meetings to obtain input from appropriate
    stakeholders to facilitate discussion and shared
    learning about the leading practices for improving
    Medicaid program integrity, with respect to coverage of
    nonemergency transportation to medically necessary
    services.
    (B) Topics.--The meetings convened under
    subparagraph (A) shall--
    (i) focus on ongoing challenges to Medicaid
    program integrity as well as leading practices to
    address such challenges; and
    (ii) address specific challenges raised by
    stakeholders involved in coverage under the
    Medicaid program of nonemergency transportation to
    covered services, including unique considerations
    for specific groups of Medicaid beneficiaries
    meriting particular attention, such as American
    Indians and tribal land issues or accommodations
    for individuals with disabilities.
    (C) Stakeholders.--Stakeholders described in
    subparagraph (A) shall include individuals from State
    Medicaid programs, brokers for nonemergency
    transportation to medically necessary services that meet
    the criteria described in section 1902(a)(70)(B) of the
    Social Security

    [[Page 2988]]

    Act (42 U.S.C. 1396a(a)(70)(B)), providers (including
    transportation network companies), Medicaid patient
    advocates, and such other individuals specified by the
    Secretary.
    (3) <>  Guidance review.--Not later than 24 months after the
    date of the enactment of this Act, the Secretary of Health and
    Human Services, through the Centers for Medicare & Medicaid
    Services, shall assess guidance issued to States by the Centers
    for Medicare & Medicaid Services relating to Federal
    requirements for nonemergency transportation to medically
    necessary services under the Medicaid program under title XIX of
    the Social Security Act and update such guidance as necessary to
    ensure States have appropriate and current guidance in designing
    and administering coverage under the Medicaid program of
    nonemergency transportation to medically necessary services.
    (4) Nemt transportation provider and driver requirements.--
    (A) State plan requirement.--Section 1902(a) of the
    Social Security Act (42 U.S.C. 1396a(a)) is amended--
    (i) by striking ``and'' at the end of
    paragraph (85);
    (ii) by striking the period at the end of
    paragraph (86) and inserting ``; and''; and
    (iii) by inserting after paragraph (86) the
    following new paragraph:
    ``(87) provide for a mechanism, which may include
    attestation, that ensures that, with respect to any provider
    (including a transportation network company) or individual
    driver of nonemergency transportation to medically necessary
    services receiving payments under such plan (but excluding any
    public transit authority), at a minimum--
    ``(A) each such provider and individual driver is
    not excluded from participation in any Federal health
    care program (as defined in section 1128B(f)) and is not
    listed on the exclusion list of the Inspector General of
    the Department of Health and Human Services;
    ``(B) each such individual driver has a valid
    driver's license;
    ``(C) <>  each such provider has
    in place a process to address any violation of a State
    drug law; and
    ``(D) <>  each such provider has
    in place a process to disclose to the State Medicaid
    program the driving history, including any traffic
    violations, of each such individual driver employed by
    such provider, including any traffic violations.''.
    (B) <>  Effective date.--
    (i) In general.--Except as provided in clause
    (ii), the amendments made by subparagraph (A)
    shall take effect on the date of the enactment of
    this Act and shall apply to services furnished on
    or after the date that is one year after the date
    of the enactment of this Act.
    (ii) <>
    Exception.--In the case of a State plan under
    title XIX of the Social Security Act (42 U.S.C.
    1396 et seq.), or waiver of such plan, that the
    Secretary of Health and Human Services determines
    requires State legislation in order for the
    respective plan to meet any requirement imposed by
    amendments made

    [[Page 2989]]

    by this section, the respective plan shall not be
    regarded as failing to comply with the
    requirements of such title solely on the basis of
    its failure to meet such an additional requirement
    before the first day of the first calendar quarter
    beginning after the close of the first regular
    session of the State legislature that begins after
    the date of the enactment of this Act. For
    purposes of the previous sentence, in the case of
    a State that has a 2-year legislative session,
    each year of the session shall be considered to be
    a separate regular session of the State
    legislature.
    (5) <>  Analysis of t-msis data.--Not later
    than one year after the date of the enactment of this Act, the
    Secretary of Health and Human Services, through the Centers for
    Medicare & Medicaid Services, shall analyze, and submit to
    Congress a report on, the nation-wide data set under the
    Transformed Medicaid Statistical Information System to identify
    recommendations relating to coverage under the Medicaid program
    under title XIX of the Social Security Act of nonemergency
    transportation to medically necessary services.

    (c) <>  Consultation Relating to
    Nonemergency Medical Transportation.--In the case of a State that
    exercises the option described in section 1902(a)(70) of the Social
    Security Act (42 U.S.C. 1396a(a)(7)), in establishing a non-emergency
    medical transportation brokerage program under such section, a State
    Medicaid agency may consult relevant stakeholders, including
    stakeholders representing patients, medical providers, Medicaid managed
    care organizations, brokers for non-emergency medical transportation,
    and transportation providers (including public transportation
    providers).
    SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR MEDICAID
    ENROLLEES BY ENSURING COVERAGE OF ROU-
    TINE PATIENT COSTS FOR ITEMS AND
    SERVICES FUR-
    NISHED IN CONNECTION WITH PARTICIPATION
    IN QUALI-
    FYING CLINICAL TRIALS.

    (a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
    1396d) is amended--
    (1) in subsection (a)--
    (A) in paragraph (29), by striking ``and'' at the
    end;
    (B) by redesignating paragraph (30) as paragraph
    (31); and
    (C) by inserting after paragraph (29) the following
    new paragraph:
    ``(30) subject to subsection (gg), routine patient costs for
    items and services furnished in connection with participation in
    a qualifying clinical trial (as defined in such subsection);
    and''; and
    (2) by adding at the end the following new subsection:

    ``(gg)(1) Routine Patient Costs.--For purposes of subsection
    (a)(30), with respect to a State and an individual enrolled under the
    State plan (or a waiver of such plan) who participates in a qualifying
    clinical trial, routine patient costs--
    ``(A) include any item or service provided to the individual
    under the qualifying clinical trial, including--

    [[Page 2990]]

    ``(i) any item or service provided to prevent,
    diagnose, monitor, or treat complications resulting from
    such participation, to the extent that the provision of
    such an item or service to the individual outside the
    course of such participation would otherwise be covered
    under the State plan or waiver; and
    ``(ii) any item or service required solely for the
    provision of the investigational item or service that is
    the subject of such trial, including the administration
    of such investigational item or service; and
    ``(B) does not include--
    ``(i) an item or service that is the investigational
    item or service that is--
    ``(I) the subject of the qualifying clinical
    trial; and
    ``(II) not otherwise covered outside of the
    clinical trial under the State plan or waiver; or
    ``(ii) an item or service that is--
    ``(I) provided to the individual solely to
    satisfy data collection and analysis needs for the
    qualifying clinical trial and is not used in the
    direct clinical management of the individual; and
    ``(II) not otherwise covered under the State
    plan or waiver.

    ``(2) Qualifying Clinical Trial Defined.--
    ``(A) In general.--For purposes of this subsection and
    subsection (a)(30), the term `qualifying clinical trial' means a
    clinical trial (in any clinical phase of development) that is
    conducted in relation to the prevention, detection, or treatment
    of any serious or life-threatening disease or condition and is
    described in any of the following clauses:
    ``(i) The study or investigation is approved,
    conducted, or supported (which may include funding
    through in-kind contributions) by one or more of the
    following:
    ``(I) The National Institutes of Health.
    ``(II) The Centers for Disease Control and
    Prevention.
    ``(III) The Agency for Healthcare Research and
    Quality.
    ``(IV) The Centers for Medicare & Medicaid
    Services.
    ``(V) A cooperative group or center of any of
    the entities described in subclauses (I) through
    (IV) or the Department of Defense or the
    Department of Veterans Affairs.
    ``(VI) A qualified non-governmental research
    entity identified in the guidelines issued by the
    National Institutes of Health for center support
    grants.
    ``(VII) Any of the following if the conditions
    described in subparagraph (B) are met:
    ``(aa) The Department of Veterans
    Affairs.
    ``(bb) The Department of Defense.
    ``(cc) The Department of Energy.
    ``(ii) The clinical trial is conducted pursuant to
    an investigational new drug exemption under section
    505(i) of the Federal Food, Drug, and Cosmetic Act or an
    exemption for a biological product undergoing
    investigation under section 351(a)(3) of the Public
    Health Service Act.

    [[Page 2991]]

    ``(iii) The clinical trial is a drug trial that is
    exempt from being required to have an exemption
    described in clause (ii).
    ``(B) <>  Conditions.--
    For purposes of subparagraph (A)(i)(VII), the conditions
    described in this subparagraph, with respect to a clinical trial
    approved or funded by an entity described in such subparagraph
    (A)(i)(VII), are that the clinical trial has been reviewed and
    approved through a system of peer review that the Secretary
    determines--
    ``(i) to be comparable to the system of peer review
    of studies and investigations used by the National
    Institutes of Health; and
    ``(ii) assures unbiased review of the highest
    scientific standards by qualified individuals with no
    interest in the outcome of the review.

    ``(3) Coverage Determination Requirements.--A determination with
    respect to coverage under subsection (a)(30) for an individual
    participating in a qualifying clinical trial--
    ``(A) <>  shall be expedited and completed
    within 72 hours;
    ``(B) shall be made without limitation on the geographic
    location or network affiliation of the health care provider
    treating such individual or the principal investigator of the
    qualifying clinical trial;
    ``(C) <>  shall be
    based on attestation regarding the appropriateness of the
    qualifying clinical trial by the health care provider and
    principal investigator described in subparagraph (B), which
    shall be made using a streamlined, uniform form developed for
    State use by the Secretary and that includes the option to
    reference information regarding the qualifying clinical trial
    that is publicly available on a website maintained by the
    Secretary, such as clinicaltrials.gov (or a successor website);
    and
    ``(D) shall not require submission of the protocols of the
    qualifying clinical trial, or any other documentation that may
    be proprietary or determined by the Secretary to be burdensome
    to provide.''.

    (b) Requiring Mandatory Coverage Under State Plan.--Section
    1902(a)(10)(A) of such Act is amended, in the matter preceding clause
    (i), by striking ``and (29)'' and inserting ``(29), and (30)''.
    (c) Inclusion in Benchmark Coverage.--Section 1937(b)(5) of such Act
    is amended by inserting before the period at the end the following: ``,
    and beginning January 1, 2022, coverage of routine patient costs for
    items and services furnished in connection with participation in a
    qualifying clinical trial (as defined in section 1905(gg))''.
    (d) Exemption of Additional Expenditures From Payment Limits for
    Territories.--Section 1108(g)(4) of the Social Security Act (42 U.S.C.
    1308(g)(4)) is amended--
    (1) by striking ``With respect to'' and inserting the
    following:
    ``(A) In general.--With respect to''; and
    (2) by adding at the end the following new subparagraph:
    ``(B) Additional exemption.--Payments under section
    1903 for medical assistance consisting of routine
    patient costs (as defined in section 1905(gg)(1)) shall
    not be taken into account in applying subsection (f).''.

    (e) <>  Effective Date.--

    [[Page 2992]]

    (1) In general.--The amendments made by this section shall
    apply with respect to items and services furnished on or after
    January 1, 2022.
    (2) <>  Exception for state
    legislation.--In the case of a State plan under title XIX of the
    Social Security Act (42 U.S.C. 1396 et seq.), or waiver of such
    plan, that the Secretary of Health and Human Services determines
    requires State legislation in order for the respective plan to
    meet any requirement imposed by amendments made by this section,
    the respective plan shall not be regarded as failing to comply
    with the requirements of such title solely on the basis of its
    failure to meet such an additional requirement before the first
    day of the first calendar quarter beginning after the close of
    the first regular session of the State legislature that begins
    after the date of the enactment of this Act. For purposes of the
    previous sentence, in the case of a State that has a 2-year
    legislative session, each year of the session shall be
    considered to be a separate regular session of the State
    legislature.

    TITLE III--HUMAN SERVICES

    SEC. 301. <>  EXTENSION OF TANF, CHILD
    CARE ENTITLEMENT TO STATES, AND RELATED
    PROGRAMS.

    Activities authorized by part A of title IV and section 1108(b) of
    the Social Security Act shall continue through September 30, 2021, in
    the manner authorized for fiscal year 2020, and out of any money in the
    Treasury of the United States not otherwise appropriated, there are
    hereby appropriated such sums as may be necessary for such purpose.
    Grants <>  and payments may be made pursuant to
    this authority on a quarterly basis through the 4th quarter of fiscal
    year 2021 at the level provided for such activities for the
    corresponding quarter of fiscal year 2020.
    SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.

    Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in subparagraph (A)--
    (I) in the matter preceding clause
    (i), by striking ``2020 and for the
    period beginning October 1, 2020, and
    ending December 18, 2020'' and inserting
    ``2023''; and
    (II) in clause (i), by striking ``or
    period'';
    (ii) in subparagraph (B)(i), by striking the
    2nd sentence;
    (iii) in subparagraph (C)(i)--
    (I) by striking ``or the period
    described in subparagraph (A)''; and
    (II) by striking ``or period'';
    (B) in paragraph (3)--
    (i) by striking ``or the period described in
    paragraph (1)(A)''; and
    (ii) by striking ``or period''; and
    (C) in paragraph (4)--

    [[Page 2993]]

    (i) by striking ``2020 and for the period
    described in paragraph (1)(A)'' and inserting
    ``2023'';
    (ii) by striking ``2020 and for the period so
    described'' and inserting ``2023''; and
    (iii) by striking ``or the period so
    described'';
    (2) in subsection (c)--
    (A) in each of paragraphs (1) and (2), by striking
    ``Subject to paragraph (3), from'' and inserting
    ``From''; and
    (B) by striking paragraph (3); and
    (3) in subsection (f), by striking ``2020, and for the
    period beginning on October 1, 2020, and ending on December 18,
    2020, the amount equal to the pro rata portion of the amount
    appropriated for such period for fiscal year 2020'' and
    inserting ``2023''.
    SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.

    Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in the matter preceding subparagraph (A)--
    (I) by striking ``2020 and for the
    period beginning October 1, 2020, and
    ending December 18, 2020'' and inserting
    ``2023''; and
    (II) by striking ``(or, with respect
    to such period, for fiscal year 2021)'';
    and
    (ii) in subparagraph (A), by striking ``or
    period'' each place it appears;
    (B) in paragraph (2)--
    (i) in subparagraph (A)--
    (I) by striking ``2020 and for the
    period beginning October 1, 2020, and
    ending December 18, 2020'' and inserting
    ``2023''; and
    (II) by striking ``(or, with respect
    to such period, for fiscal year 2021)'';
    and
    (ii) in subparagraph (B)(i), by striking
    ``(or, with respect to the period described in
    subparagraph (A), for fiscal year 2021)''; and
    (2) in subsection (f)--
    (A) in paragraph (1), by striking ``2020, and for
    the period beginning on October 1, 2020, and ending on
    December 18, 2020, the amount equal to the pro rata
    portion of the amount appropriated for such period for
    fiscal year 2020'' and inserting ``2023''; and
    (B) in paragraph (2), by striking ``2020, and for
    the period described in paragraph (1),'' and inserting
    ``2023,''.
    SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS
    OPPORTUNITY GRANTS.

    Out of any money in the Treasury of the United States not otherwise
    appropriated, there are hereby appropriated to the Secretary of Health
    and Human Services $3,600,000, which shall be available--
    (1) <>  through the end of fiscal year
    2021 for necessary administrative expenses to carry out grants
    made under section 2008(a) of the Social Security Act before the
    date of the enactment of this Act; and

    [[Page 2994]]

    (2) through the end of fiscal year 2022 for research,
    evaluation, and reporting under such section, and for necessary
    administrative expenses to carry out these activities.
    SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND STABLE
    FAMILIES PROGRAM AND STATE COURT SUP-
    PORT.

    (a) Extensions.--Section 436 of the Social Security Act (42 U.S.C.
    629f) is amended in each of subsections (a), (b)(4)(A), (b)(5), and
    (f)(10) by striking ``2021'' and inserting ``2022''.
    (b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
    amended--
    (1) in subsection (a)--
    (A) in paragraph (2)--
    (i) in subparagraph (A), by inserting ``in a
    timely and complete manner'' before ``, as set
    forth''; and
    (ii) in subparagraph (C), by striking the
    semicolon and inserting ``, including by training
    judges, attorneys, and other legal personnel.'';
    and
    (B) by striking paragraphs (3) and (4);
    (2) in subsection (b)--
    (A) by striking paragraph (2);
    (B) by striking all that precedes ``be eligible to
    receive'' and inserting the following:

    ``(b) Applications.--In order to''; and
    (C) in the matter preceding paragraph (2)--
    (i) by moving the matter 2 ems to the left;
    (ii) in subparagraph (A)--
    (I) by striking ``(A) in the case of
    a grant for the purpose described in
    subsection (a)(3),'' and inserting
    ``(1)''; and
    (II) by inserting ``use not less
    than 30 percent of grant funds to''
    before ``collaborate'';
    (iii) in subparagraph (B), by striking ``(B)
    in the case of a grant for the purpose described
    in subsection (a)(4),'' and inserting ``(2)''; and
    (iv) in subparagraph (C), by striking ``(C) in
    the case of a grant for the purpose described in
    subsection (a),'' and inserting ``(3)'';
    (3) by striking subsection (c) and inserting the following:

    ``(c) Amount of Grant.--
    ``(1) In general.--From the amounts reserved under sections
    436(b)(2) and 437(b)(2) for a fiscal year, each highest State
    court that has an application approved under this section for
    the fiscal year shall be entitled to payment of an amount equal
    to the sum of--
    ``(A) $255,000; and
    ``(B) the amount described in paragraph (2) with
    respect to the court and the fiscal year.
    ``(2) Amount described.--The amount described in this
    paragraph with respect to a court and a fiscal year is the
    amount that bears the same ratio to the total of the amounts
    reserved under sections 436(b)(2) and 437(b)(2) for grants under
    this section for the fiscal year (after applying paragraphs
    (1)(A) and (3) of this subsection) as the number of individuals
    in the State in which the court is located who have not attained
    21 years of age bears to the total number of such individuals

    [[Page 2995]]

    in all States with a highest State court that has an approved
    application under this section for the fiscal year.
    ``(3) Indian tribes.--From the amounts reserved under
    section 436(b)(2) for a fiscal year, the Secretary shall, before
    applying paragraph (1) of this subsection, allocate $1,000,000
    for grants to be awarded on a competitive basis among the
    highest courts of Indian tribes or tribal consortia that--
    ``(A) are operating a program under part E, in
    accordance with section 479B;
    ``(B) are seeking to operate a program under part E
    and have received an implementation grant under section
    476; or
    ``(C) have a court responsible for proceedings
    related to foster care or adoption.''; and
    (4) in subsection (d), by striking ``2017 through 2021'' and
    inserting ``2018 through 2022''.

    (c) <>  Effective Date.--The amendments
    made by this section shall take effect on October 1, 2021.

    TITLE IV--HEALTH OFFSETS

    SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG PRICING
    INFORMATION WITH RESPECT TO DRUGS
    UNDER THE MEDICARE PROGRAM.

    (a) In General.--Section 1847A of the Social Security Act (42 U.S.C.
    1395w-3a) is amended--
    (1) in subsection (b)--
    (A) in paragraph (2)(A), by inserting ``or
    subsection (f)(2), as applicable'' before the period at
    the end;
    (B) in paragraph (3), in the matter preceding
    subparagraph (A), by inserting ``or subsection (f)(2),
    as applicable,'' before ``determined by''; and
    (C) in paragraph (6)(A), in the matter preceding
    clause (i), by inserting ``or subsection (f)(2), as
    applicable,'' before ``determined by''; and
    (2) in subsection (f)--
    (A) by striking ``For requirements'' and inserting
    the following:
    ``(1) In general.--For requirements''; and
    (B) by adding at the end the following new
    paragraph:
    ``(2) Manufacturers without a rebate agreement under title
    xix.--
    ``(A) <>  In general.--If the manufacturer of a
    drug or biological described in subparagraph (C), (E),
    or (G) of section 1842(o)(1) or in section
    1881(b)(14)(B) that is payable under this part has not
    entered into and does not have in effect a rebate
    agreement described in subsection (b) of section 1927,
    for calendar quarters beginning on January 1, 2022, such
    manufacturer shall report to the Secretary the
    information described in subsection (b)(3)(A)(iii) of
    such section 1927 with respect to such drug or
    biological in a time and manner specified by the
    Secretary. <>  For purposes of
    applying this paragraph, a drug or biological described
    in the previous sentence includes items, services,
    supplies, and products that are payable under this part
    as a drug or biological.

    [[Page 2996]]

    ``(B) Audit.--Information reported under
    subparagraph (A) is subject to audit by the Inspector
    General of the Department of Health and Human Services.
    ``(C) <>  Verification.--The
    Secretary may survey wholesalers and manufacturers that
    directly distribute drugs or biologicals described in
    subparagraph (A), when necessary, to verify manufacturer
    prices and manufacturer's average sales prices
    (including wholesale acquisition cost) if required to
    make payment reported under subparagraph
    (A). <>  The Secretary may impose a
    civil monetary penalty in an amount not to exceed
    $100,000 on a wholesaler, manufacturer, or direct
    seller, if the wholesaler, manufacturer, or direct
    seller of such a drug or biological refuses a request
    for information about charges or prices by the Secretary
    in connection with a survey under this subparagraph or
    knowingly provides false information.
    The <>  provisions of section
    1128A (other than subsections (a) (with respect to
    amounts of penalties or additional assessments) and (b))
    shall apply to a civil money penalty under this
    subparagraph in the same manner as such provisions apply
    to a penalty or proceeding under section 1128A(a).
    ``(D) <>  Confidentiality.--
    Notwithstanding any other provision of law, information
    disclosed by manufacturers or wholesalers under this
    paragraph (other than the wholesale acquisition cost for
    purposes of carrying out this section) is confidential
    and shall not be disclosed by the Secretary in a form
    which discloses the identity of a specific manufacturer
    or wholesaler or prices charged for drugs or biologicals
    by such manufacturer or wholesaler, except--
    ``(i) <>  as the
    Secretary determines to be necessary to carry out
    this section (including the determination and
    implementation of the payment amount), or to carry
    out section 1847B;
    ``(ii) to permit the Comptroller General of
    the United States to review the information
    provided;
    ``(iii) to permit the Director of the
    Congressional Budget Office to review the
    information provided;
    ``(iv) to permit the Medicare Payment Advisory
    Commission to review the information provided; and
    ``(v) to permit the Medicaid and CHIP Payment
    and Access Commission to review the information
    provided.''.

    (b) Enforcement.--Section 1847A of such Act (42 U.S.C. 1395w-3a) is
    further amended--
    (1) in subsection (d)(4)--
    (A) in subparagraph (A), by striking ``In general''
    and inserting ``Misrepresentation'';
    (B) in subparagraph (B), by striking ``subparagraph
    (B)'' and inserting ``subparagraph (A), (B), or (C)'';
    (C) by redesignating subparagraph (B) as
    subparagraph (E); and
    (D) by inserting after subparagraph (A) the
    following new subparagraphs:

    ``(B) <>
    Failure to provide timely information.--If the Secretary
    determines that a manufacturer described in subsection
    (f)(2) has failed to report on information described in
    section 1927(b)(3)(A)(iii) with respect to a drug or

    [[Page 2997]]

    biological in accordance with such subsection, the
    Secretary shall apply a civil money penalty in an amount
    of $10,000 for each day the manufacturer has failed to
    report such information and such amount shall be paid to
    the Treasury.
    ``(C) <>  False information.--Any
    manufacturer required to submit information under
    subsection (f)(2) that knowingly provides false
    information is subject to a civil money penalty in an
    amount not to exceed $100,000 for each item of false
    information. Such civil money penalties are in addition
    to other penalties as may be prescribed by law.
    ``(D) <>  Increasing oversight and
    enforcement.--For calendar quarters beginning on or
    after January 1, 2022, section 1927(b)(3)(C)(iv) shall
    be applied as if--
    ``(i) each reference to `under this
    subparagraph and subsection (c)(4)(B)(ii)(III)'
    were a reference to `under this subparagraph,
    subsection (c)(4)(B)(ii)(III), and subparagraphs
    (A), (B), and (C) of section 1847A(d)(4)'; and
    ``(ii) the reference to `activities related to
    the oversight and enforcement of this section and
    agreements under this section' were a reference to
    `activities related to the oversight and
    enforcement of this section and under subsection
    (f)(2) of section 1847A and subparagraphs (A),
    (B), and (C) of section 1847A(d)(4) and, if
    applicable, agreements under this section'.''; and
    (2) <>  in subsection (c)(6)(A), by
    striking the period at the end and inserting ``, except that,
    for purposes of subsection (f)(2), the Secretary may, if the
    Secretary determines appropriate, exclude repackagers of a drug
    or biological from such term.''.

    (c) Manufacturers With a Rebate Agreement.--
    (1) In general.--Section 1927(b)(3)(A) of the Social
    Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by adding
    at the end the following new sentence: ``For <>  purposes of applying clause (iii),
    for calendar quarters beginning on or after January 1, 2022, a
    drug or biological described in the flush matter following such
    clause includes items, services, supplies, and products that are
    payable under part B of title XVIII as a drug or biological.''.
    (2) Technical amendment.--Section 1927(b)(3)(A)(iii) of the
    Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is amended
    by striking ``section 1881(b)(13)(A)(ii)'' and inserting
    ``section 1881(b)(14)(B)''.

    (d) <>  Report.--Not later than January 1, 2023,
    the Inspector General of the Department of Health and Human Services
    shall assess and submit to Congress a report on the accuracy of average
    sales price information submitted by manufacturers under section 1847A
    of the Social Security Act (42 U.S.C. 1395w-3a), including the extent to
    which manufacturers provide false information, misclassify drug
    products, or misreport information. Such <>
    report shall include any recommendations on how to improve the accuracy
    of such information.

    [[Page 2998]]

    SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
    FOR KIDNEY TRANSPLANT PATIENTS AND OTHER
    RENAL DIALYSIS PROVISIONS.

    (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
    Transplant Recipients.--
    (1) In general.--Section 226A(b)(2) of the Social Security
    Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except
    for eligibility for enrollment under part B solely for purposes
    of coverage of immunosuppressive drugs described in section
    1861(s)(2)(J))'' before ``, with the thirty-sixth month''.
    (2) Individuals eligible only for coverage of
    immunosuppressive drugs.--
    (A) In general.--Section 1836 of the Social Security
    Act (42 U.S.C. 1395o) is amended--
    (i) by striking ``Every'' and inserting ``(a)
    In General.--Every''; and
    (ii) by adding at the end the following new
    subsection:

    ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
    ``(1) <>  In general.--Except as
    provided under paragraph (2), every individual whose entitlement
    to insurance benefits under part A ends (whether before, on, or
    after January 1, 2023) by reason of section 226A(b)(2) is
    eligible to enroll or to be deemed to have enrolled in the
    medical insurance program established by this part solely for
    purposes of coverage of immunosuppressive drugs in accordance
    with section 1837(n).
    ``(2) Exception if other coverage is available.--
    ``(A) <>  In general.--An
    individual described in paragraph (1) shall not be
    eligible for enrollment in the program for purposes of
    coverage described in such paragraph with respect to any
    period in which the individual, as determined in
    accordance with subparagraph (B)--
    ``(i) is enrolled in a group health plan or
    group or individual health insurance coverage, as
    such terms are defined in section 2791 of the
    Public Health Service Act;
    ``(ii) is enrolled for coverage under the
    TRICARE for Life program under section 1086(d) of
    title 10, United States Code;
    ``(iii) is enrolled under a State plan (or
    waiver of such plan) under title XIX and is
    eligible to receive benefits for immunosuppressive
    drugs described in this subsection under such plan
    (or such waiver);
    ``(iv) is enrolled under a State child health
    plan (or waiver of such plan) under title XXI and
    is eligible to receive benefits for such drugs
    under such plan (or such waiver); or
    ``(v)(I) is enrolled in the patient enrollment
    system of the Department of Veterans Affairs
    established and operated under section 1705 of
    title 38, United States Code;
    ``(II) is not required to enroll under section
    1705 of such title to receive immunosuppressive
    drugs described in this subsection; or
    ``(III) is otherwise eligible under a
    provision of title 38, United States Code, other
    than section 1710

    [[Page 2999]]

    of such title to receive immunosuppressive drugs
    described in this subsection.
    ``(B) Eligibility determinations.--
    ``(i) <>  In general.--
    The Secretary, in coordination with the
    Commissioner of Social Security, shall establish a
    process for determining whether an individual
    described in paragraph (1) who is to be enrolled
    or deemed to be enrolled in the medical insurance
    program described in such paragraph meets the
    requirements for such enrollment under this
    subsection, including the requirement that the
    individual not be enrolled in other coverage as
    described in subparagraph (A).
    ``(ii) Attestation regarding other coverage.--
    The process established under clause (i) shall
    include, at a minimum, a requirement that--
    ``(I) the individual provide to the
    Commissioner an attestation that the
    individual is not enrolled and does not
    expect to enroll in such other coverage;
    and

    ``(II) <>
    the individual notify the Commissioner
    within 60 days of enrollment in such
    other coverage.''.
    (B) Conforming amendment.--
    (i) In general.--Sections 1837, 1838, and 1839
    of the Social Security Act (42 U.S.C. 1395p, 42
    U.S.C. 1395q, 42 U.S.C. 1395r) are each amended by
    striking ``1836'' and inserting ``1836(a)'' each
    place it appears.
    (ii) Additional amendment.--Section 1837(j)(1)
    of such Act (42 U.S.C. 1395p(j)(1)) is amended by
    striking ``1836(1)'' and inserting ``1836(a)(1)''.

    (b) Enrollment for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42
    U.S.C. 1395p), as amended by section 120, is amended by adding at the
    end the following new subsection:
    ``(n)(1) <>  Any individual who is eligible for
    coverage of immunosuppressive drugs under section 1836(b) may enroll or
    be deemed to have enrolled only in such manner and form as may be
    prescribed by regulations, and only during an enrollment period
    described in this subsection.

    ``(2) An individual described in paragraph (1) whose entitlement for
    hospital insurance benefits under part A ends by reason of section
    226A(b)(2) prior to January 1, 2023, may enroll beginning on October 1,
    2022, or the day on which the individual first satisfies section
    1836(b), whichever is later.
    ``(3) <>  An individual described in
    paragraph (1) whose entitlement for hospital insurance benefits under
    part A ends by reason of section 226A(b)(2) on or after January 1, 2023,
    shall be deemed to have enrolled in the medical insurance program
    established by this part for purposes of coverage of immunosuppressive
    drugs.

    ``(4) The Secretary shall establish a process under which an
    individual described in paragraph (1) whose other coverage described in
    section 1836(b)(2)(A), or coverage under this part (including the
    medical insurance program established under this part for purposes of
    coverage of immunosuppressive drugs), is terminated voluntarily or
    involuntary may enroll or reenroll, if applicable,

    [[Page 3000]]

    in the medical insurance program established under this part for
    purposes of coverage of immunosuppressive drugs.''.
    (c) Coverage Period for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
    (1) In general.--Section 1838 of the Social Security Act (42
    U.S.C. 1395q), as amended by section 120, is further amended by
    adding at the end the following new subsection:

    ``(h) <>  In the case of an individual
    described in section 1836(b)(1), the following rules shall apply:
    ``(1) <>  In the case of such an
    individual who is deemed to have enrolled in part B for coverage
    of immunosuppressive drugs under section 1837(n)(3), such
    individual's coverage period shall begin on the first day of the
    month in which the individual first satisfies section 1836(b).
    ``(2) <>  In the case of such an
    individual who enrolls (or reenrolls, if applicable) in part B
    for coverage of immunosuppressive drugs under paragraph (2) or
    (4) of section 1837(n), such individual's coverage period shall
    begin on January 1, 2023, or the month following the month in
    which the individual so enrolls (or reenrolls), whichever is
    later.
    ``(3) The provisions of subsections (b) and (d) shall apply
    with respect to an individual described in paragraph (1) or (2).
    ``(4) In addition to the reasons for termination under
    subsection (b), the coverage period of an individual described
    in paragraph (1) or (2) shall end when the individual becomes
    entitled to benefits under this title under subsection (a) or
    (b) of section 226, or under section 226A, or is no longer
    eligible for such coverage as a result of the application of
    section 1836(b)(2).
    ``(5) The Secretary may conduct public education activities
    to raise awareness of the availability of more comprehensive,
    individual health insurance coverage (as defined in section 2791
    of the Public Health Service Act) for individuals eligible under
    section 1836(b) to enroll or to be deemed enrolled in the
    medical insurance program established under this part for
    purposes of coverage of immunosuppressive drugs.''.
    (2) Conforming amendments.--Section 1838(b) of the Social
    Security Act (42 U.S.C. 1395q(b)) is amended, in the matter
    following paragraph (2), by inserting ``or section 1837(n)(3)''
    after ``section 1837(f)'' each place it appears.

    (d) Premiums for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
    (1) In general.--Section 1839 of the Social Security Act (42
    U.S.C. 1395r), as amended by section 120, is further amended--
    (A) in subsection (b), by adding at the end the
    following new sentence: ``No increase in the premium
    shall be effected for individuals who are enrolled
    pursuant to section 1836(b) for coverage only of
    immunosuppressive drugs.''; and
    (B) by adding at the end the following new
    subsection:

    ``(j) Determination of Premium for Individuals Only Eligible for
    Coverage of Immunosuppressive Drugs.--The <>  Secretary shall, during September of each year
    (beginning with 2022), determine and promulgate a monthly premium rate
    for the succeeding calendar year for individuals enrolled only for the
    purpose of coverage of immunosuppressive drugs under section 1836(b).

    [[Page 3001]]

    Such premium shall be equal to 15 percent of the monthly actuarial rate
    for enrollees age 65 and over (as would be determined in accordance with
    subsection (a)(1) if the reference to `one-half' in such subsection were
    a reference to `100 percent') for that succeeding calendar year. The
    monthly premium of each individual enrolled for coverage of
    immunosuppressive drugs under section 1836(b) for each month shall be
    the amount promulgated in this subsection. In the case of such
    individual not otherwise enrolled under this part, such premium shall be
    in lieu of any other monthly premium applicable under this section. Such
    amount shall be adjusted in accordance with subsections (c), (f), and
    (i), but shall not be adjusted under subsection (b).''.
    (2) Special rule for application of hold harmless provisions
    to transitioning individuals.--Section 1839(f) of the Social
    Security Act (42 U.S.C. 1395r(f)) is amended by adding at the
    end the following new sentence: ``Any increase in the premium
    for an individual who was enrolled under section 1836(b)
    attributable to such individual otherwise enrolling under this
    part shall not be taken into account in applying this
    subsection.''.
    (3) Special rule for application of premium subsidy
    reduction provisions.--Section 1839(i)(3)(A)(ii)(II) of the
    Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is
    amended by inserting ``(or, with respect to an individual
    enrolled under section 1836(b) and not otherwise enrolled under
    this part, 0 times the amount of such increase)'' after ``in the
    year''.

    (e) Government Contribution.--Section 1844(a) of the Social Security
    Act (42 U.S.C. 1395w(a)) is amended--
    (1) in paragraph (3), by striking the period at the end and
    inserting ``; plus'';
    (2) by inserting after paragraph (3) the following new
    paragraph:
    ``(4) a Government contribution equal to the estimated
    aggregate reduction in premiums payable under part B that
    results from establishing the premium at 15 percent of the
    actuarial rate (as would be determined in accordance with
    section 1839(a)(1) if the reference to `one-half' in such
    section were a reference to `100 percent') under section 1839(j)
    instead of 25 percent of such rate (as so determined) for
    individuals enrolled only for the purpose of coverage of
    immunosuppressive drugs under section 1836(b).''; and
    (3) by adding the following sentence at the end of the flush
    matter following paragraph (4), as added by paragraph (2) of
    this subsection:
    ``The Government contribution under paragraph (4) shall be
    treated as premiums payable and deposited for purposes of
    subparagraphs (A) and (B) of paragraph (1).''.

    (f) Ensuring Coverage Under the Medicare Savings Program.--
    (1) In general.--Section 1905(p)(1)(A) of the Social
    Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting
    ``or who is enrolled under part B for the purpose of coverage of
    immunosuppressive drugs under section 1836(b)'' after ``under
    section 1818A)''.
    (2) Conforming amendments.--Section 1902(a)(10)(E) of the
    Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in
    each of clauses (iii) and (iv) by inserting ``(including such

    [[Page 3002]]

    individuals enrolled under section 1836(b))'' after ``section
    1905(p)(1)''.

    (g) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act (42
    U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not including
    an individual enrolled solely for coverage of immunosuppressive drugs
    under section 1836(b))'' before the period at the end.
    (h) GAO Study and Report.--
    (1) Study.--The Comptroller General of the United States (in
    this subsection referred to as the ``Comptroller General'')
    shall conduct a study on the implementation of coverage of
    immunosuppressive drugs for kidney transplant patients under the
    Medicare program pursuant to the provisions of, and amendments
    made by, this section.
    (2) <>  Report.--
    Not later than January 1, 2025, the Comptroller General shall
    submit to Congress a report on the study conducted under
    paragraph (1), together with recommendations as the Comptroller
    General determines appropriate.
    SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS UNDER
    MEDICARE.

    Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C.
    1395u(b)(6)(C)) is amended, in the matter preceding clause (i), by
    inserting ``for such services furnished before January 1, 2022,'' after
    ``1861(s)(2)(K),''.
    SEC. 404. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
    MEDICARE.

    Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
    1395f(i)(2)(B)) is amended--
    (1) in clause (ii), by striking ``2025'' and inserting
    ``2030''; and
    (2) in clause (iii), by striking ``2025'' and inserting
    ``2030''.
    SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF
    CERTAIN NONCOVERED SELF-ADMINISTERED
    DRUG
    PRODUCTS.

    Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
    amended by redesignating subsection (g) as subsection (h) and by
    inserting after subsection (f) the following:
    ``(g) Payment Adjustment for Certain Drugs for Which There Is a
    Self-administered NDC.--
    ``(1) <>  OIG studies.--The Inspector
    General of the Department of Health and Human Services shall
    conduct periodic studies to identify National Drug Codes for
    drug or biological products that are self-administered for which
    payment may not be made under this part because such products
    are not covered pursuant to section 1861(s)(2) and which the
    Inspector General determines (based on the same or similar
    methodologies to the methodologies used in the final
    recommendation followup report of the Inspector General
    described in paragraph (3) or in the November 2017 final report
    of the Inspector General entitled `Excluding Noncovered Versions
    When Setting Payment for Two Part B Drugs Would Have Resulted in
    Lower Drug Costs for Medicare and its Beneficiaries') should be
    excluded from the determination of the payment amount under this
    section.

    [[Page 3003]]

    ``(2) <>  Payment adjustment.--If the
    Inspector General identifies a National Drug Code for a drug or
    biological product under paragraph (1), the Inspector General
    shall inform the Secretary (at such times as the Secretary may
    specify to carry out this paragraph) and the Secretary shall, to
    the extent the Secretary deems appropriate, apply as the amount
    of payment under this section for the applicable billing and
    payment code the lesser of--
    ``(A) the amount of payment that would be determined
    under this section for such billing and payment code if
    such National Drug Code for such product so identified
    under paragraph (1) were excluded from such
    determination; or
    ``(B) the amount of payment otherwise determined
    under this section for such billing and payment code
    without application of this subsection.
    ``(3) <>
    Application to certain identified products.--In the case of a
    National Drug Code for a drug or biological product that is
    self-administered for which payment is not made under this part
    because such product is not covered pursuant to section
    1861(s)(2) that was identified by the Inspector General of the
    Department of Health and Human Services in the final
    recommendation followup report of the Inspector General
    published July 2020, entitled Loophole in Drug Payment Rule
    Continues To Cost Medicare and Beneficiaries Hundreds of
    Millions of Dollars, beginning July 1, 2021, the amount of
    payment under this section for the applicable billing and
    payment code shall be the lesser of--
    ``(A) the amount of payment that would be determined
    under this section for such billing and payment code if
    such National Drug Code for such drug or biological
    products so identified were excluded from such
    determination; or
    ``(B) the amount of payment otherwise determined
    under this section for such billing and payment code
    without application of this subsection.''.
    SEC. 406. MEDICAID IMPROVEMENT FUND.

    Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
    1(b)(3)(A)), as amended by section 1303 of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act, is amended by
    striking `` $3,464,000,000'' and inserting `` $0''.
    SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT
    PROCEDURES UNDER THE MEDICARE PROGRAM.

    (a) Survey and Enforcement Procedures.--
    (1) In general.--Part A of title XVIII of the Social
    Security Act (42 U.S.C. 1395c et seq.) is amended by adding at
    the end the following new section:
    ``SEC. 1822. <>  HOSPICE PROGRAM SURVEY AND
    ENFORCEMENT PROCEDURES.

    ``(a) Surveys.--
    ``(1) <>  Frequency.--Any entity that
    is certified as a hospice program (as defined in section
    1861(dd)(2)) shall be subject to a standard survey by an
    appropriate State or local survey agency, or an approved
    accreditation agency, as determined by the Secretary, not less
    frequently than once every 36 months.

    [[Page 3004]]

    ``(2) Public transparency of survey and certification
    information.--
    ``(A) Submission of information to the secretary.--
    ``(i) <>  In general.--
    Each State or local survey agency, and each
    national accreditation body with respect to which
    the Secretary has made a finding under section
    1865(a) respecting the accreditation of a hospice
    program by such body, shall submit, in a form and
    manner, and at a time, specified by the Secretary
    for purposes of this paragraph, information
    respecting any survey or certification made with
    respect to a hospice program by such survey agency
    or body, as applicable. Such <>
    information shall include any inspection report
    made by such survey agency or body with respect to
    such survey or certification, any enforcement
    actions taken as a result of such survey or
    certification, and any other information
    determined appropriate by the Secretary.
    ``(ii) Required inclusion of specified form.--
    With respect to <> a survey
    under this subsection carried out by a national
    accreditation body described in clause (i) on or
    after October 1, 2021, information described in
    such clause shall include Form CMS-2567 (or a
    successor form), along with such additional
    information determined appropriate by such body.
    ``(B) <>  Public disclosure of
    information.--Beginning not later than October 1, 2022,
    the Secretary shall publish the information submitted
    under subparagraph (A) on the public website of the
    Centers for Medicare & Medicaid Services in a manner
    that is prominent, easily accessible, readily
    understandable, and searchable. The <>
    Secretary shall provide for the timely update of such
    information so published.
    ``(3) Consistency of surveys.--Each State and the Secretary
    shall implement programs to measure and reduce inconsistency in
    the application of survey results among surveyors.
    ``(4) Survey teams.--
    ``(A) <>  In general.--In the
    case of a survey conducted under this subsection on or
    after October 1, 2021, by more than 1 individual, such
    survey shall be conducted by a multidisciplinary team of
    professionals (including a registered professional
    nurse).
    ``(B) <>  Prohibition of
    conflicts of interest.--Beginning October 1, 2021, a
    State may not use as a member of a survey team under
    this subsection an individual who is serving (or has
    served within the previous 2 years) as a member of the
    staff of, or as a consultant to, the program surveyed
    respecting compliance with the requirements of section
    1861(dd) or who has a personal or familial financial
    interest in the program being surveyed.
    ``(C) <>  Training.--The Secretary
    shall provide, not later than October 1, 2021, for the
    comprehensive training of State and Federal surveyors,
    and any surveyor employed by a national accreditation
    body described in paragraph (2)(A)(i), in the conduct of
    surveys under this subsection, including training with
    respect to the review of written

    [[Page 3005]]

    plans for providing hospice care (as described in
    section 1814(a)(7)(B)). No individual shall serve as a
    member of a survey team with respect to a survey
    conducted on or after such date unless the individual
    has successfully completed a training and testing
    program in survey and certification techniques that has
    been approved by the Secretary.
    ``(5) <>  Funding.--The Secretary
    shall provide for the transfer, from the Federal Hospital
    Insurance Trust Fund under section 1817 to the Centers for
    Medicare & Medicaid Services Program Management Account, of
    $10,000,000 for each fiscal year (beginning with fiscal year
    2022) for purposes of carrying out this subsection and
    subsection (b). Sums so transferred shall remain available until
    expended. Any transfer pursuant to this paragraph shall be in
    addition to any transfer pursuant to section 3(a)(2) of the
    Improving Medicare Post-Acute Care Transformation Act of 2014.

    ``(b) Special Focus Program.--
    ``(1) In general.--The Secretary shall conduct a special
    focus program for enforcement of requirements for hospice
    programs that the Secretary has identified as having
    substantially failed to meet applicable requirements of this
    Act.
    ``(2) Periodic surveys.--Under such special focus program,
    the Secretary shall conduct surveys of each hospice program in
    the special focus program not less than once every 6 months.

    ``(c) <>  Enforcement.--
    ``(1) Situations involving immediate jeopardy.--If the
    Secretary determines on the basis of a standard survey or
    otherwise that a hospice program that is certified for
    participation under this title is no longer in compliance with
    the requirements specified in section 1861(dd) and determines
    that the deficiencies involved immediately jeopardize the health
    and safety of the individuals to whom the program furnishes
    items and services, the Secretary shall take immediate action to
    ensure the removal of the jeopardy and correction of the
    deficiencies or terminate the certification of the program, and
    may provide, in addition, for 1 or more of the other remedies
    described in paragraph (5)(B).
    ``(2) Situations not involving immediate jeopardy.--If the
    Secretary <> determines on the basis of a
    standard survey or otherwise that a hospice program that is
    certified for participation under this title is no longer in
    compliance with the requirements specified in section 1861(dd)
    and determines that the deficiencies involved do not immediately
    jeopardize the health and safety of the individuals to whom the
    program furnishes items and services, the Secretary may (for a
    period not to exceed 6 months) impose remedies developed
    pursuant to paragraph (5)(A), in lieu of terminating the
    certification of the program. <>  If, after
    such a period of remedies, the program is still no longer in
    compliance with such requirements, the Secretary shall terminate
    the certification of the program.
    ``(3) Penalty for previous noncompliance.--If the Secretary
    determines that a hospice program that is certified for
    participation under this title is in compliance with the
    requirements specified in section 1861(dd) but, as of a previous
    period, did not meet such requirements, the Secretary may
    provide for a civil money penalty under paragraph (5)(B)(i) for
    the

    [[Page 3006]]

    days in which the Secretary finds that the program was not in
    compliance with such requirements.
    ``(4) Option to continue payments for noncompliant hospice
    programs.--The Secretary <> may continue
    payments under this title with respect to a hospice program not
    in compliance with the requirements specified in section
    1861(dd) over a period of not longer than 6 months, if--
    ``(A) the State or local survey agency finds that it
    is more appropriate to take alternative action to assure
    compliance of the program with such requirements than to
    terminate the certification of the program;
    ``(B) the program has submitted a plan and timetable
    for corrective action to the Secretary for approval and
    the Secretary approves the plan of corrective action;
    and
    ``(C) the program agrees to repay to the Federal
    Government payments received under this title during
    such period if the corrective action is not taken in
    accordance with the approved plan and timetable.
    The <>  Secretary shall establish guidelines
    for approval of corrective actions requested by hospice programs
    under this paragraph.
    ``(5) Remedies.--
    ``(A) Development.--
    ``(i) <>  In general.--Not
    later than October 1, 2022, the Secretary shall
    develop and implement--
    ``(I) a range of remedies to apply
    to hospice programs under the conditions
    described in paragraphs (1) through (4);
    and
    ``(II) <>
    appropriate procedures for appealing
    determinations relating to the
    imposition of such remedies.
    Remedies developed pursuant to the preceding
    sentence shall include the remedies specified in
    subparagraph (B).
    ``(ii) Conditions of imposition of remedies.--
    Not later
    than <> October 1,
    2022, the Secretary shall develop and implement
    specific procedures with respect to the conditions
    under which each of the remedies developed under
    clause (i) is to be applied, including the amount
    of any fines and the severity of each of these
    remedies. Such procedures shall be designed so as
    to minimize the time between identification of
    deficiencies and imposition of these remedies and
    shall provide for the imposition of incrementally
    more severe fines for repeated or uncorrected
    deficiencies.
    ``(B) Specified remedies.--The remedies specified in
    this subparagraph are the following:
    ``(i) Civil money penalties in an amount not
    to exceed $10,000 for each day of noncompliance by
    a hospice program with the requirements specified
    in section 1861(dd).
    ``(ii) <>  Suspension of
    all or part of the payments to which a hospice
    program would otherwise be entitled under this
    title with respect to items and services furnished
    by a hospice program on or after the date on which
    the Secretary determines that remedies

    [[Page 3007]]

    should be imposed pursuant to paragraphs (1) and
    (2).
    ``(iii) The appointment of temporary
    management to oversee the operation of the hospice
    program and to protect and assure the health and
    safety of the individuals under the care of the
    program while improvements are made in order to
    bring the program into compliance with all such
    requirements.
    ``(C) Procedures.--
    ``(i) Civil money penalties.--
    ``(I) <>  In
    general.--Subject to subclause (II), the
    provisions of section 1128A (other than
    subsections (a) and (b)) shall apply to
    a civil money penalty under this
    subsection in the same manner as such
    provisions apply to a penalty or
    proceeding under section 1128A(a).
    ``(II) Retention of amounts for
    hospice program improvements.--The
    Secretary may provide that any portion
    of civil money penalties collected under
    this subsection may be used to support
    activities that benefit individuals
    receiving hospice care, including
    education and training programs to
    ensure hospice program compliance with
    the requirements of section 1861(dd).
    ``(ii) <>  Suspension of
    payment.--A finding to suspend payment under
    subparagraph (B)(ii) shall terminate when the
    Secretary finds that the program is in substantial
    compliance with all requirements of section
    1861(dd).
    ``(iii) <>  Temporary
    management.--The temporary management under
    subparagraph (B)(iii) shall not be terminated
    until the Secretary has determined that the
    program has the management capability to ensure
    continued compliance with all the requirements
    referred to in such subparagraph.
    ``(D) Relationship to other remedies.--The remedies
    developed under subparagraph (A) are in addition to
    sanctions otherwise available under State or Federal law
    and shall not be construed as limiting other remedies,
    including any remedy available to an individual at
    common law.''.
    (2) Availability of hospice accreditation surveys.--Section
    1865(b) of the Social Security Act (42 U.S.C. 1395bb(b)) is
    amended by inserting ``or, beginning on the date of the
    enactment of the Consolidated Appropriations Act, 2021, a
    hospice program'' after ``home health agency''.
    (3) State provision of hospice program information.--
    (A) In general.--Section 1864(a) of the Social
    Security Act (42 U.S.C. 1395aa(a)) is amended in the
    sixth sentence--
    (i) by inserting ``and hospice programs''
    after ``information on home health agencies'';
    (ii) by inserting ``or the hospice program''
    after ``the home health agency'';
    (iii) by inserting ``or the hospice program''
    after ``with respect to the agency''; and
    (iv) by inserting ``and hospice programs''
    after ``with respect to home health agencies''.

    [[Page 3008]]

    (B) <>
    Effective date.--The amendments made by subparagraph (A)
    shall apply with respect to agreements entered into on
    or after, or in effect as of, the date that is 1 year
    after the date of the enactment of this Act.
    (4) Conforming amendments.--
    (A) Definition of a hospice program.--Section
    1861(dd)(4) of the Social Security Act (42 U.S.C.
    1395x(dd)(4)) is amended by striking subparagraph (C).
    (B) Continuation of funding.--Section 3(a)(2) of the
    Improving Medicare Post-Acute Care Transformation Act of
    2014 is amended by inserting ``and section 1822(a)(1) of
    such Act,'' after ``as added by paragraph (1),''.

    (b) Increasing Payment Reductions for Failure to Meet Quality Data
    Reporting Requirements.--Section 1814(i)(5)(A)(i) of the Social Security
    Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended by inserting ``(or, for
    fiscal year 2024 and each subsequent fiscal year, 4 percentage points)''
    before the period.
    (c) <>  Report.--Not later than 36 months after the
    date of the enactment of this Act, the Comptroller General of the United
    States shall submit to Congress a report containing an analysis of the
    effects of the amendments made by subsection (a), including the
    frequency of application of remedies specified in section 1822(c)(5)(B)
    of the Social Security Act (as added by such subsection), on access to,
    and quality of, care furnished by hospice programs under part A of title
    XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
    SEC. 408. MEDICARE IMPROVEMENT FUND.

    Section 1898(b)(1) of the Social Security Act (42 U.S.C.
    1395iii(b)(1)) is amended by striking `` $0'' and inserting ``
    $165,000,000''.

    TITLE V--MISCELLANEOUS

    SEC. 501. IMPLEMENTATION FUNDING.

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

    DIVISION DD--MONTANA <>  WATER RIGHTS PROTECTION ACT
    SEC. 1. <>  SHORT TITLE.

    This division may be cited as the ``Montana Water Rights Protection
    Act''.
    SEC. 2. PURPOSES.

    The purposes of this Act are--
    (1) to achieve a fair, equitable, and final settlement of
    claims to water rights in the State of Montana, and in
    recognition of article I, and section 3 of article IX, of the
    Montana State Constitution for--

    [[Page 3009]]

    (A) the Confederated Salish and Kootenai Tribes of
    the Flathead Indian Reservation; and
    (B) the United States, for the benefit of the Tribes
    and allottees;
    (2) to authorize, ratify, and confirm the water rights
    compact entered into by the Tribes and the State, to the extent
    that the Compact is consistent with this Act;
    (3) to authorize and direct the Secretary of the Interior--
    (A) to execute the Compact; and
    (B) to take any other action necessary to carry out
    the Compact in accordance with this Act; and
    (4) to authorize funds necessary for the implementation of--
    (A) the Compact; and
    (B) this Act.
    SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
    (1) Allottee.--The term ``allottee'' means an individual who
    holds a beneficial real property interest in an allotment of
    Indian land that is--
    (A) located within the Reservation; and
    (B) held in trust by the United States.
    (2) Bison.--The term ``bison'' means North American plains
    bison.
    (3) Compact.--The term ``Compact'' means--
    (A) the water rights compact entered into and
    ratified, as applicable, by the Confederated Salish and
    Kootenai Tribes, the State, and the United States, as
    contained in section 85-20-1901 of the Montana Code
    Annotated (2019), including--
    (i) any appendix or exhibit to that compact;
    and
    (ii) any modifications authorized by that
    compact; and
    (B) any amendment to the compact referred to in
    subparagraph (A) (including an amendment to an appendix
    or exhibit) that is--
    (i) executed to ensure that the Compact is
    consistent with this Act; or
    (ii) otherwise authorized by the Compact and
    this Act.
    (4) Enforceability date.--The term ``enforceability date''
    means the date described in section 10(b).
    (5) Flathead indian irrigation project.--
    (A) In general.--The term ``Flathead Indian
    irrigation project'' means the Federal irrigation
    project developed by the United States to irrigate land
    within the Reservation pursuant to--
    (i) the Act of April 23, 1904 (33 Stat. 302,
    chapter 1495); and
    (ii) the Act of May 29, 1908 (35 Stat. 444,
    chapter 216).
    (B) Inclusions.--The term ``Flathead Indian
    irrigation project'' includes--
    (i) all land and any reservoir, easement,
    right-of-way, canal, ditch, lateral, or any other
    facility of

    [[Page 3010]]

    the project referred to in subparagraph (A)
    (regardless of location on or off the
    Reservation); and
    (ii) any headgate, pipeline, pump, building,
    heavy equipment, vehicle, supplies, record, copy
    of a record, or any other physical, tangible
    object of real or personal property used in the
    management and operation of the project referred
    to in subparagraph (A).
    (6) Hungry horse dam.--The term ``Hungry Horse Dam'' means
    the dam that is a part of the Hungry Horse Project.
    (7) Hungry horse project.--The term ``Hungry Horse Project''
    means the project authorized to be carried out by the Secretary
    under the Act of June 5, 1944 (43 U.S.C. 593a et seq.).
    (8) Hungry horse reservoir.--The term ``Hungry Horse
    Reservoir'' means the reservoir that is a part of the Hungry
    Horse Project.
    (9) Indian tribe.--The term ``Indian tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    (10) Law of administration.--The term ``Law of
    Administration'' means the Unitary Administration and Management
    Ordinance, as set forth in Appendix 4 to the Compact.
    (11) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.
    (12) State.--
    (A) In general.--The term ``State'' means the State
    of Montana.
    (B) Inclusions.--The term ``State'' includes all
    officers, agencies, departments, and political
    subdivisions of the State.
    (13) Tribal water right.--The term ``Tribal Water Right''
    means the water right of the Tribes, as established in--
    (A) the Compact; and
    (B) this Act.
    (14) Tribes.--
    (A) In general.--The term ``Tribes'' means the
    Confederated Salish and Kootenai Tribes of the Flathead
    Reservation of Montana.
    (B) Inclusions.--The term ``Tribes'' includes all
    officers, agencies, and departments of the Tribes.
    (15) Trust fund.--The term ``Trust Fund'' means the Selis-
    Qlispe Ksanka Settlement Trust Fund established under section
    8(a).

    (b) Definitions of Certain Terms.--Any term used but not defined in
    this Act, including the terms ``Existing Use'', ``Historic Farm
    Deliveries'', ``Instream Flow'', ``Minimum Reservoir Pool Elevations'',
    and ``Reservation'', shall have the meaning given the term in article II
    of the Compact.
    SEC. 4. RATIFICATION OF COMPACT.

    (a) Ratification.--
    (1) In general.--As modified by this Act, the Compact is
    authorized, ratified, and confirmed.
    (2) Amendments.--Any amendment to the Compact is authorized,
    ratified, and confirmed, to the extent that such an amendment--

    [[Page 3011]]

    (A) is executed to ensure that the Compact is
    consistent with this Act; or
    (B)(i) is approved by the Secretary;
    (ii) concerns nonmonetary matters; and
    (iii) does not affect the water rights of the Tribes
    determined in the Compact, or any other property held in
    trust by the United States on behalf of the Tribes or
    allottees.
    (3) Modifications.--Nothing in this Act--
    (A) precludes the Secretary from approving a
    modification to the Compact, including an appendix or
    exhibit to the Compact, that is consistent with this
    Act; or
    (B) authorizes amendments or modifications that
    otherwise require congressional approval under--
    (i) section 2116 of the Revised Statutes (25
    U.S.C. 177); or
    (ii) any other applicable Federal law.

    (b) Execution.--To the extent that the Compact does not conflict
    with this Act, the Secretary shall execute the Compact, including all
    exhibits to, appendices to, and parts of the Compact requiring the
    signature of the Secretary.
    (c) Environmental Compliance.--
    (1) In general.--In implementing the Compact and this Act,
    the Secretary and the Tribes shall ensure compliance with--
    (A) the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.);
    (B) the National Environmental Policy Act of 1969
    (42 U.S.C. 4321 et seq.); and
    (C) all other applicable environmental laws
    (including regulations).
    (2) Performance of compliance activities.--The Secretary and
    the Tribes shall perform appropriate Federal environmental
    compliance activities relating to any activity undertaken by the
    Secretary or Tribes pursuant to this Act prior to commencement
    of that activity.
    (3) Effect of execution.--
    (A) In general.--The execution of the Compact by the
    Secretary under this section shall not constitute a
    major Federal action for purposes of the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et
    seq.).
    (B) Compliance.--The Secretary shall ensure
    compliance with all Federal laws and regulations
    necessary to implement the Compact and this Act.

    (d) Public Availability.--As provided in articles IV.I.b (relating
    to hearings), IV.I.c (relating to the employment of a water engineer),
    and IV.I.7.e (relating to Board records) of the Compact, and in
    recognition of section 9 of article II of the Montana State
    Constitution, all records of the Flathead Reservation Water Management
    Board and the Water Engineer employed by the Board shall be open to
    public inspection.
    SEC. 5. TRIBAL WATER RIGHT.

    (a) Intent of Congress.--It is the intent of Congress to provide to
    each allottee benefits that are equivalent to, or that exceed, the
    benefits possessed by allottees on the day before the date of enactment
    of this Act, taking into consideration--

    [[Page 3012]]

    (1) the potential risks, cost, and time delay associated
    with litigation that would be resolved by the Compact and this
    Act;
    (2) the availability of funding under this Act and from
    other sources;
    (3) the availability of water from the Tribal Water Right;
    and
    (4) the applicability of section 7 of the Act of February 8,
    1887 (25 U.S.C. 381), and this Act to protect the interests of
    allottees.

    (b) Confirmation of Tribal Water Right.--
    (1) In general.--The Tribal Water Right is ratified,
    confirmed, and declared to be valid.
    (2) Use.--Any use of the Tribal Water Right shall be subject
    to the terms and conditions of--
    (A) the Compact; and
    (B) this Act.
    (3) Conflict.--In the event of a conflict between the
    Compact and this Act, the provisions of this Act shall control.

    (c) Trust Status of Tribal Water Right.--The Tribal Water Right--
    (1) shall be held in trust by the United States for the use
    and benefit of the Tribes and allottees in accordance with this
    Act; and
    (2) shall not be subject to forfeiture or abandonment.

    (d) Allottees.--
    (1) Applicability of act of february 8, 1887.--The
    provisions of section 7 of the Act of February 8, 1887 (25
    U.S.C. 381), relating to the use of water for irrigation
    purposes shall apply to the Tribal Water Right.
    (2) Entitlements to water.--
    (A) In general.--Any entitlement to water of an
    allottee under Federal law shall be satisfied from the
    Tribal Water Right.
    (B) Water for irrigation.--Each allottee shall be
    entitled to a just and equitable allocation of water for
    irrigation purposes, to be enforceable under paragraph
    (3)(B).
    (3) Claims.--
    (A) Exhaustion of remedies.--Before asserting any
    claim against the United States under section 7 of the
    Act of February 8, 1887 (25 U.S.C. 381), or any other
    applicable law, an allottee shall exhaust remedies
    available under--
    (i) the Law of Administration; or
    (ii) other applicable Tribal law.
    (B) Water for irrigation.--After the exhaustion of
    all remedies available under the Law of Administration
    or other applicable Tribal law, an allottee may seek
    relief under section 7 of the Act of February 8, 1887
    (25 U.S.C. 381), or other applicable law, to seek a just
    and equitable allocation of water for irrigation
    purposes under paragraph (2)(B).
    (4) Authority of secretary.--The Secretary shall have the
    authority to protect the rights of allottees in accordance with
    this section.

    (e) Authority of Tribes.--

    [[Page 3013]]

    (1) In general.--The Tribes shall have the authority to
    allocate, distribute, and lease the Tribal Water Right for any
    use on the Reservation in accordance with--
    (A) the Compact;
    (B) the Law of Administration;
    (C) this Act; and
    (D) applicable Federal law.
    (2) Off-reservation use.--The Tribes may allocate,
    distribute, and lease the Tribal Water Right for off-Reservation
    use in the State in accordance with the Compact, subject to the
    approval of the Secretary.
    (3) Land leases by allottees.--Notwithstanding paragraph
    (1), an allottee may lease any interest in land held by the
    allottee, together with any water right determined to be
    appurtenant to the interest in land, in accordance with the Law
    of Administration.

    (f) Law of Administration.--
    (1) <>  In general.--During the period
    beginning on the date of enactment of this Act and ending on the
    date on which the Law of Administration becomes effective on the
    Reservation, the Secretary shall administer, with respect to the
    rights of allottees, the Tribal Water Right in accordance with
    this Act.
    (2) Approval.--
    (A) In general.--The Law of Administration is
    approved.
    (B) Registrations.--As provided in sections 3 and 4
    of article IX of the Montana State Constitution and
    section 1-1-108 of the Law of Administration, all water
    rights and changes of use authorized under the Law of
    Administration, including all registrations required by
    sections 2-1-101 through 2-1-107, shall be provided to
    the department of natural resources and conservation of
    the State, to be entered into the water rights database
    of the department.
    (3) Amendments.--
    (A) In general.--An otherwise valid amendment to the
    Law of Administration that affects a right of an
    allottee shall not be effective unless the amendment is
    approved by the Secretary in accordance with this
    subsection.
    (B) Approval period.--
    (i) <>  In general.--Subject
    to clause (ii), the Secretary shall approve or
    disapprove an amendment to the Law of
    Administration not later than 180 days after the
    date of ratification of the amendment by the
    Tribes and the State.
    (ii) <>  Extension.--The
    deadline described in clause (i) may be extended
    by the Secretary after consultation with the
    Tribes.
    (4) Conflict.--In the event of a conflict between the Law of
    Administration and this Act, the provisions of this Act shall
    control.

    (g) Administration.--
    (1) Alienation.--The Tribes shall not permanently alienate
    any portion of the Tribal Water Right.
    (2) Purchases or grants of land from indians.--An
    authorization provided by this Act for an allocation,
    distribution, lease, or any other arrangement shall be
    considered to

    [[Page 3014]]

    satisfy any requirement for authorization of the action by
    treaty or convention under section 2116 of the Revised Statutes
    (25 U.S.C. 177).
    (3) Prohibition on forfeiture.--The nonuse of all, or any
    portion of, the Tribal Water Right by a lessee or contractor
    shall not result in the forfeiture, abandonment, relinquishment,
    or other loss of all, or any portion of, the Tribal Water Right.

    (h) Effect.--Except as otherwise expressly provided in this section,
    nothing in this Act--
    (1) authorizes any action by an allottee against any
    individual or entity, or against the Tribes, under Federal,
    State, Tribal, or local law; or
    (2) alters or affects the status of any action brought
    pursuant to section 1491(a) of title 28, United States Code.
    SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.

    (a) Storage Allocation to Tribes.--
    (1) In general.--Subject to paragraph (2), the Secretary
    shall allocate to the Tribes 90,000 acre-feet per year, as
    measured at the Hungry Horse Dam, of storage water in Hungry
    Horse Reservoir for use by the Tribes for any beneficial purpose
    on or off the Reservation under a water right held by the United
    States and managed by the Bureau of Reclamation.
    (2) Limitations.--The allocation under paragraph (1) shall
    be subject to--
    (A) Appendix 7 to the Compact, entitled ``Flathead
    Basin Tribal Depletions Study'', prepared by the Bureau
    of Reclamation, and dated September 2012; and
    (B) Appendix 8 to the Compact, entitled ``Hungry
    Horse Reservoir, Montana: Biological Impact Evaluation
    and Operational Constraints for a proposed 90,000-acre-
    foot withdrawal'', prepared by the State, as revised on
    September 14, 2011.

    (b) Treatment.--
    (1) In general.--The allocation under subsection (a) shall
    be considered to be part of the Tribal Water Right.
    (2) Administration.--The Tribes shall administer the water
    allocated under subsection (a) in accordance with, and subject
    to the limitations of, the Compact and this Act.

    (c) Allocation Agreement.--
    (1) In general.--As a condition of receiving the allocation
    under subsection (a), the Tribes shall enter into an agreement
    with the Secretary to establish the terms and conditions of the
    allocation, in accordance with the Compact and this Act.
    (2) Inclusions.--The agreement under paragraph (1) shall
    include provisions establishing that--
    (A) the agreement shall be without a limit as to a
    term;
    (B) the Tribes, and not the United States, shall be
    entitled to all consideration due to the Tribes under
    any lease, contract, or agreement entered into by the
    Tribes pursuant to subsection (d);
    (C) the United States shall have no obligation to
    monitor, administer, or account for--
    (i) any funds received by the Tribes as
    consideration under any lease, contract, or
    agreement entered into by the Tribes pursuant to
    subsection (d); or

    [[Page 3015]]

    (ii) the expenditure of those funds;
    (D) if the capacity or function of any facility of
    Hungry Horse Reservoir or Hungry Horse Dam is
    significantly reduced, or is anticipated to be
    significantly reduced, for an extended period of time,
    the Tribes shall have the same storage rights as other
    storage contractors with respect to the allocation under
    subsection (a);
    (E) the costs associated with the construction and
    operation of the storage facilities at Hungry Horse
    Reservoir and Hungry Horse Dam allocable to the Tribes
    shall be nonreimbursable;
    (F) no water service capital charge shall be due or
    payable for the agreement or any water allocated under
    subsection (a), regardless of whether that water is
    delivered for use by the Tribes or under a lease,
    contract, or by an agreement entered into by the Tribes
    pursuant to subsection (d);
    (G) the Tribes shall not be required to make
    payments to the United States for the agreement or any
    water allocated under subsection (a), except for each
    acre-foot of stored water leased or transferred for
    industrial purposes;
    (H) for each acre-foot of stored water leased by the
    Tribes for industrial purposes--
    (i) the Tribes shall pay annually to the
    United States an amount sufficient to cover the
    proportionate share of the annual operation,
    maintenance, and replacement costs for the Hungry
    Horse Project allocable to that quantity of water;
    and
    (ii) the annual payments of the Tribes shall
    be reviewed and adjusted, as appropriate, to
    reflect the actual operation, maintenance, and
    replacement costs for the Hungry Horse Project;
    and
    (I) the costs described in subparagraphs (G) and (H)
    shall not apply to any lease or transfer for industrial
    purposes to--
    (i) any entity of the Tribes; or
    (ii) any entity wholly owned by the Tribes.

    (d) Agreements by Tribes.--The Tribes may use, lease, contract,
    exchange, or enter into other agreements for use of the water allocated
    under subsection (a) if--
    (1) the water that is the subject of the agreement is used
    within the Flathead Basin or the Clark Fork Basin within the
    State; and
    (2) the agreement does not permanently alienate any portion
    of water allocated under subsection (a).

    (e) <>  Mitigation Water.--Notwithstanding section
    5(e)(2), the Tribes shall make available for lease not more than 11,000
    acre-feet per year of the water allocated under subsection (a), in
    accordance with the Compact.

    (f) No Carryover Storage.--The allocation under subsection (a) shall
    not be increased by any year-to-year carryover storage.
    (g) Development and Delivery Costs.--The United States shall not be
    required to pay the cost of developing or delivering any water allocated
    under subsection (a).
    (h) New Uses.--Except as provided in article III.C.1.c of the
    Compact, the Tribes shall not develop any new use for the allocation

    [[Page 3016]]

    under subsection (a) until the date on which the agreement entered into
    under subsection (c) takes effect.
    (i) Effective Date.--The allocation under subsection (a) takes
    effect on the enforceability date.
    SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.

    (a) Purposes.--The purposes of this section are--
    (1) to implement key provisions of the Compact regarding the
    Tribal Water Right by authorizing and carrying out the
    activities described in subsection (b) relative to components of
    the Flathead Indian irrigation project, in order--
    (A) to conserve water resources, enhance fish and
    wildlife habitat, especially habitat of threatened and
    endangered species, and improve the movement of fish
    through and around Flathead Indian irrigation project
    facilities;
    (B) to ensure that the necessary water supplies are
    provided to protect Instream Flow, Existing Uses, and
    Historic Farm Deliveries;
    (C) to provide for the safe and efficient storage,
    delivery, and routing of water; and
    (D) to dedicate the water thereby saved through
    modernization and rehabilitation activities to the water
    rights of the Tribes for Instream Flow and Minimum
    Reservoir Pool Elevations;
    (2) to require that, in carrying out the activities under
    subsection (b), the Secretary and the Tribes--
    (A) are guided by existing studies commissioned by
    the Secretary and the Tribes that identify current
    facility conditions and describe future modernization
    recommendations;
    (B) recognize the need to maintain flexibility and
    modify the guidance provided by the studies described in
    subparagraph (A), as appropriate and consistent with the
    processes established and entities designated in the
    Compact; and
    (C) carry out all such activities that can be
    accomplished in a cost-effective manner and that are
    consistent with the Compact; and
    (3) to ensure the prudent and knowledgeable conservation,
    management, and protection of the water resources of the
    Reservation through the activities described in subsection (b),
    which will ensure the protection of the Reservation as the
    permanent homeland of the Tribes in accordance with the treaty
    between the United States and the Tribes concluded at Hell Gate
    on July 16, 1855 (12 Stat. 975).

    (b) Activities.--Subject to the availability of appropriations, the
    Secretary, or on the request of the Tribes, the Tribes on behalf of the
    Secretary under title IV of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5361 et seq.), shall in accordance with
    subsection (c) carry out the following activities relating to the
    Flathead Indian irrigation project:
    (1) Rehabilitation and modernization.--
    (A) Rehabilitation and modernization of structures,
    canals, and pumping facilities, including dam safety
    improvements, irrigation facility upgrades that improve
    water management and operational control at irrigation
    diversion works, and irrigation facility upgrades to
    reduce

    [[Page 3017]]

    losses in conveyance of water from irrigation sources of
    supply to irrigation points of use, in accordance with
    the Compact.
    (B) Planning, design, and construction of additional
    pumping facilities.
    (C) Operational improvements to infrastructure
    within the distribution network of the Flathead Indian
    irrigation project.
    (D) Reconstruction, replacement, and automation at
    irrigation diversion works.
    (E) Lining of open canals, and placement of open
    canals in pipe.
    (F) Fencing and physical project access
    enhancements.
    (2) Mitigation, reclamation, and restoration.--
    (A) Mitigation, reclamation, and restoration of
    streams, wetlands, banks, slopes, and wasteways within,
    appurtenant to, or affected by the Flathead Indian
    irrigation project.
    (B) The installation of screens, barriers, passages,
    or ladders to prevent fish entrainment in irrigation
    ditches and canals within, or appurtenant to, the
    Flathead Indian irrigation project.
    (3) Acquisition of interests.--Acquisition of easements or
    other interests in real property necessary to carry out any
    activity under this section.

    (c) Environmental Compliance.--
    (1) In general.--Prior to the commencement of any activity
    under subsection (b), the Secretary, or the Tribes if the Tribes
    elect to perform the activities on behalf of the Secretary under
    title IV of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5361 et seq.), shall perform
    appropriate environmental, cultural, and historical compliance
    activities relating to the activity, including to ensure
    compliance with--
    (A) the National Environmental Policy Act of 1969
    (42 U.S.C. 4321 et seq.); and
    (B) division A of subtitle III of title 54, United
    States Code (formerly known as the ``National Historic
    Preservation Act'' (16 U.S.C. 470 et seq.)).
    (2) Costs.--All costs associated with the performance of
    compliance activities under paragraph (1) shall be paid with
    funds deposited in the Trust Fund, on the condition that any
    costs associated with the performance of Federal approval or
    other review of such compliance work or costs associated with
    inherently Federal functions shall remain the responsibility of
    the Secretary.

    (d) Funding.--
    (1) Indian self-determination and education assistance act
    compacting.--
    (A) Funding authority and agreements.--
    Notwithstanding any other provision of law, if the
    Tribes elect to perform all activities described in
    subsection (b) on behalf of the Secretary, the Secretary
    shall enter into a self-governance agreement with the
    Tribes under title IV of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 5361 et seq.)
    covering all such activities.

    [[Page 3018]]

    (B) Funding agreements.--The Secretary shall use
    funds only from the Salish and Kootenai Compact Account
    established under section 8(b)(1) for any funding
    agreement, including any related contract support costs,
    under which the Tribes carry out activities described in
    subsection (b).
    (C) <>  Timing for election.--Not
    later than 120 days after the date on which funds are
    first appropriated for deposit in the Trust Fund, or not
    later than such alternative later date as is agreed to
    by the Tribes and the Secretary, the Tribes may elect to
    perform all activities described in subsection (b) on
    behalf of the Secretary.
    (D) Applicability of isdeaa.--Any funds transferred
    for use in a funding agreement under this paragraph
    shall be subject to--
    (i) title IV of the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 5361 et
    seq.); and
    (ii) the self-governance agreement and funding
    agreement entered into between the Tribes and the
    Secretary.
    (E) Relation to compact.--The Tribes and the Federal
    Government--
    (i) shall carry out the activities described
    in subsection (b) in a manner that is consistent
    with, and fulfills, the respective obligations of
    the Tribes and the Federal Government under the
    Compact; and
    (ii) may not carry out any action pursuant to
    the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5301 et seq.) that is
    inconsistent with the rights and responsibilities
    under the Compact.
    (F) Applicability of certain isdeaa provisions.--For
    purposes of this Act--
    (i) the ``annual trust evaluation'' required
    under section 403(d) of the Indian Self-
    Determination and Education Assistance Act (25
    U.S.C. 5363(d)) shall monitor the performance, and
    progress toward completion, of activities under
    subsection (b) that the Tribes are carrying out;
    (ii) the activities described in subsection
    (b) shall be considered to be ``construction
    programs or projects'' under section 403(e) of the
    Indian Self-Determination and Education Assistance
    Act (25 U.S.C. 5363(e)); and
    (iii) <>  reporting
    requirements regarding planning, design, and the
    use and expenditure of funds shall be negotiated
    and included within a funding agreement.
    (2) Secretarial performance of activities.--If the Tribes do
    not elect to carry out the activities described in subsection
    (b) by the deadline established under paragraph (1)(C), the
    Secretary shall carry out the activities using amounts made
    available under section 8(c)(3).
    (3) Nonreimbursability of costs.--All costs incurred in
    carrying out this section shall be nonreimbursable.
    (4) Administration.--

    [[Page 3019]]

    (A) In general.--Subject to subparagraph (B), the
    Secretary and the Tribes shall negotiate the cost of any
    oversight activity carried out by the Secretary under
    any agreement entered into under paragraph (1)(A).
    (B) Requirement.--All costs associated with an
    oversight activity--
    (i) shall be paid with funds deposited in the
    Salish and Kootenai Compact Account established
    under section 8(b)(1); and
    (ii) notwithstanding subsection (c), may
    include costs associated with review or approval
    of environmental compliance work and related
    Federal functions.
    (C) Limitation on cost.--The total cost described in
    subparagraph (A) shall not exceed 3 percent of the total
    project costs for each project.

    (e) Treatment.--Any activities carried out pursuant to subsection
    (b) that result in improvements, additions, or modifications to the
    Flathead Indian irrigation project, including the acquisition of any
    real property interest, shall--
    (1) become a part of the Flathead Indian irrigation project;
    and
    (2) be recorded in the inventory of the Secretary relating
    to the Flathead Indian irrigation project.

    (f) Easements and Rights-of-way.--
    (1) Tribal easements and rights-of-way.--
    (A) In general.--On request of the Secretary, the
    Tribes shall grant, at no cost to the United States,
    such easements and rights-of-way over Tribal land as are
    necessary for construction relating to an activity under
    this section.
    (B) Jurisdiction.--An easement or right-of-way
    granted by the Tribes pursuant to subparagraph (A) shall
    not affect in any respect the civil or criminal
    jurisdiction of the Tribes over the easement or right-
    of-way.
    (2) Landowner easements and rights-of-way.--In partial
    consideration for the construction activities associated with
    the rehabilitation and modernization of the Flathead Indian
    irrigation project authorized by this section, and as a
    condition of receiving service from the Flathead Indian
    irrigation project, a willing landowner shall confirm or grant,
    at no cost to the United States or the Tribes, such easements
    and rights-of-way over the land of the landowner as may be
    necessary for--
    (A) an activity authorized by this section; or
    (B) access to and operation and maintenance of--
    (i) the Flathead Indian irrigation project; or
    (ii) the Mission Valley Power Project.
    (3) Condemnation not authorized.--Nothing in this section
    authorizes the Secretary to condemn interests in land for the
    Flathead Indian irrigation project.

    (g) Land Acquired by United States or Tribes.--Any land acquired
    within the boundaries of the Reservation by the United States on behalf
    of the Tribes, or by the Tribes on behalf of the Tribes and conveyed to
    the United States, in connection with the purposes of this section shall
    be held in trust by the United States for the benefit of the Tribes.
    (h) Effect.--Nothing in this section--

    [[Page 3020]]

    (1) alters any applicable law under which the Bureau of
    Indian Affairs collects assessments or carries out the operation
    and maintenance of the Flathead Indian irrigation project; or
    (2) impacts the availability of amounts under section 9.

    (i) <>  Water Source for Flathead Indian
    Irrigation Project.--
    (1) In general.--The water source for the Flathead Indian
    irrigation project--
    (A) shall be determined in accordance with article
    II(32) of the Compact; and
    (B) shall consist of--
    (i) the water right set forth in article
    III.C.1.a of the Compact; and
    (ii) any use of water for irrigation and
    incidental purposes pursuant to an applicable
    water service contract.
    (2) Entitlement to delivery of water.--Entitlement to
    delivery of available irrigation water for assessed parcels
    shall be determined in accordance with article IV.D.2 of the
    Compact.
    SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.

    (a) Establishment.--The Secretary shall establish in the Treasury of
    the United States a trust fund, to be known as the ``Selis-Qlispe Ksanka
    Settlement Trust Fund'', to be allocated, maintained, managed, invested,
    and distributed by the Secretary, and to remain available until
    expended, consisting of the amounts deposited in the Trust Fund under
    section 9(a), together with any interest earned on those amounts, for
    the purpose of carrying out this Act.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the
    following accounts:
    (1) The Salish and Kootenai Compact Account, for the uses
    described in paragraphs (1) and (2) of subsection (h).
    (2) The Salish and Kootenai Settlement Implementation
    Account, for any use described in subsection (h).

    (c) Deposits.--
    (1) In general.--The Secretary shall deposit in the Trust
    Fund the amounts made available pursuant to section 9(a)(1).
    (2) Allocation into accounts.--
    (A) In general.--Subject to subparagraph (B), each
    year, the Secretary shall allocate from the Trust Fund
    amounts into each of the accounts described in
    paragraphs (1) and (2) of subsection (b) in such
    proportions as the Secretary and the Tribes may agree.
    (B) Requirement.--In any year, if the Tribes and the
    Secretary are unable to agree on the amounts to be
    allocated under subparagraph (A) for that year, the
    Secretary shall deposit equal sums in each account.
    (3) Transfer.--If the Tribes do not elect to carry out the
    activities described in subsection (b) of section 7 by the
    deadline described in subsection (d)(1)(C) of that section, the
    Secretary, on an annual basis, shall transfer funds from the
    account established under subsection (b)(1) to an appropriate
    programmatic account solely for the purpose of carrying out
    those activities and the activities described in section 7(c).

    (d) Management and Interest.--

    [[Page 3021]]

    (1) Management.--On receipt and deposit of the funds into
    the Trust Fund, the Secretary shall manage, invest, and
    distribute the amounts in accordance with the investment
    authority of the Secretary under--
    (A) the first section of the Act of June 24, 1938
    (25 U.S.C. 162a);
    (B) the American Indian Trust Fund Management Reform
    Act of 1994 (25 U.S.C. 4001 et seq.); and
    (C) this section.
    (2) Investment earnings.--In addition to the deposits under
    section 9(a), any investment earnings, including interest,
    credited to the amounts in the Trust Fund shall be available for
    use in accordance with subsection (h).

    (e) Availability of Amounts.--
    (1) In general.--Amounts deposited in the Trust Fund
    (including any investment earnings) shall be made available to
    the Tribes by the Secretary beginning on the enforceability
    date, subject to the requirements of this Act.
    (2) Use.--Notwithstanding paragraph (1), any amounts--
    (A) deposited in the account described in subsection
    (b)(1) or transferred to another account under
    subsection (c)(3), shall be available to the Tribes or
    the Secretary, as applicable, on the date on which the
    amounts are deposited or transferred, for the uses
    described in subsection (h)(1), in accordance with
    Appendix 3.6 to the Compact; and
    (B) deposited in the account described in subsection
    (b)(1) shall be available to the Tribes on the date on
    which the amounts are deposited for the uses described
    in subsection (h)(2).

    (f) Withdrawals Under AITFMRA.--
    (1) In general.--The Tribes may withdraw any portion of the
    amounts in the account described in subsection (b)(2) on
    approval by the Secretary of a Tribal management plan submitted
    by the Tribes in accordance with the American Indian Trust Fund
    Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
    (2) Inapplicability of aitfmra.--A withdrawal from the
    account described in subsection (b)(1)--
    (A) shall be made only in accordance with subsection
    (e) and section 7; and
    (B) notwithstanding any other provision of law,
    shall not be subject to the American Indian Trust Fund
    Management Reform Act of 1994 (25 U.S.C. 4001 et seq.).
    (3) Requirements.--
    (A) In general.--In addition to the requirements
    under the American Indian Trust Fund Management Reform
    Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal
    management plan under paragraph (1) shall require that
    the Tribes shall spend all amounts withdrawn from the
    Trust Fund and any investment earnings accrued through
    the investments under the Tribal management plan in
    accordance with this Act.
    (B) <>  Enforcement.--The
    Secretary may carry out such judicial and administrative
    actions as the Secretary determines to be necessary to
    enforce the Tribal management plan to ensure that
    amounts withdrawn by the Tribes

    [[Page 3022]]

    from the Trust Fund pursuant to this subsection are used
    in accordance with this Act.

    (g) Effect.--Nothing in this Act provides to the Tribes the right to
    judicial review of a determination by the Secretary regarding whether to
    approve a Tribal management plan, except under subchapter II of chapter
    5, and chapter 7 of title 5, United States Code (commonly known as the
    ``Administrative Procedure Act'').
    (h) Uses.--The Tribes may use amounts in the Trust Fund to implement
    the Compact, the Law of Administration, and this Act for the following
    purposes:
    (1) To carry out activities described in subsections (b) and
    (c) of section 7.
    (2) The administration, implementation, and management of
    the Tribal Water Right and the regulation and administration of
    water rights within the Reservation under this Act, the Compact,
    and the Law of Administration, and such infrastructure as is
    necessary to meet related programmatic needs.
    (3) To implement the Tribal Water Right through
    rehabilitation and improvement of agricultural Indian land
    within the Reservation.
    (4) To construct and rehabilitate livestock fencing on
    Indian land within the Reservation.
    (5) To mitigate and control noxious weeds on land within the
    Reservation.
    (6) To plan, design, and construct improvements to
    irrigation systems on land served by the Flathead Indian
    irrigation project.
    (7) To install screens, barriers, passages, or ladders to
    prevent fish entrainment in irrigation ditches and canals within
    the Reservation.
    (8) To plan, design, and construct irrigation facilities on
    Indian land within the Reservation that is not served by the
    Flathead Indian irrigation project.
    (9) To plan, design, construct, operate, maintain, and
    replace community water distribution and wastewater treatment
    facilities on the Reservation.
    (10) To develop geothermal water resources on Indian land
    within the Reservation.
    (11) To develop a cultural resources program relating to
    permitting necessary to conduct the activities authorized under
    this subsection (including cultural, historical, and
    archeological reviews, including training and certifications)
    and related infrastructure necessary to meet programmatic needs.
    (12) <>  To comply with Federal
    environmental laws for any use authorized by this subsection.
    (13) To repair, rehabilitate, or replace culverts, bridges,
    and roads of the Flathead Indian irrigation project and any
    public or Tribal culverts, bridges, and roads that intersect
    with, or are otherwise located within, the supply and
    distribution network of the Flathead Indian irrigation project.

    (i) Liability.--Except with respect to amounts transferred in
    accordance with section 7(d), the Secretary shall not be liable for the
    expenditure or investment of any amounts withdrawn from the Trust Fund
    by the Tribes under this section.
    (j) Expenditure Reports.--

    [[Page 3023]]

    (1) <>  In general.--Not less frequently
    than annually, the Tribes shall submit to the Secretary an
    expenditure report describing--
    (A) the amount withdrawn from the Trust Fund under
    this section; and
    (B) any authorized activities resulting from the use
    of a withdrawal under a Tribal management plan, in
    accordance with this Act.
    (2) Application.--Any amounts transferred to the Tribes
    pursuant to a self-governance agreement and funding agreement
    entered into between the Tribes and the Secretary under title IV
    of the Indian Self-Determination and Education Assistance Act
    (25 U.S.C. 5361 et seq.) shall not be subject to paragraph (1).

    (k) OM&R Costs.--Except as otherwise provided in this Act, nothing
    in this Act affects any obligation of the United States with respect to
    the operation, maintenance, and repair of the Flathead Indian irrigation
    project.
    SEC. 9. FUNDING.

    (a) Funding.--
    (1) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary for deposit in the Trust Fund
    $1,000,000,000, to remain available until expended, withdrawn,
    or reverted to the general fund of the Treasury.
    (2) Mandatory funding.--
    (A) <>  In
    general.--On October 1, 2020, and on each October 1
    thereafter through October 1, 2029, out of any funds in
    the Treasury not otherwise appropriated, the Secretary
    of the Treasury shall deposit in the Trust Fund
    $90,000,000, to remain available until expended,
    withdrawn, or reverted to the general fund of the
    Treasury.
    (B) Availability.--Amounts deposited in the Trust
    Fund under subparagraph (A) shall be available without
    further appropriation.

    (b) Fluctuation in Costs.--
    (1) In general.--Of the amounts authorized to be
    appropriated and appropriated to the Trust Fund under paragraphs
    (1) and (2), respectively, of subsection (a)--
    (A) $347,200,000 shall be increased or decreased, as
    appropriate, by such amounts as may be justified by
    reason of ordinary fluctuations in costs occurring after
    the date of enactment of this Act, as indicated by the
    Consumer Price Index for All Urban Consumers West Urban
    50,000 to 1,500,000 index;
    (B) $111,400,000 shall be increased or decreased, as
    appropriate, by such amounts as may be justified by
    reasons of ordinary fluctuations in costs occurring
    after the date of enactment of this Act, as indicated by
    the Producer Price Index for the Bureau of Labor
    Statistics; and
    (C) $1,441,400,000 shall be increased or decreased,
    as appropriate, by such amounts as may be justified by
    reason of ordinary fluctuations in costs occurring after
    the date of enactment of this Act, as indicated by the
    Bureau of Reclamation Construction Costs Index-Composite
    Trend.
    (2) Requirements for adjustment process.--The adjustment
    process under this subsection shall--

    [[Page 3024]]

    (A) take into account any agreement reached by the
    Secretary and the Tribes under paragraph (4); and
    (B) be repeated for each subsequent amount
    appropriated for deposit in the Trust Fund until the
    amount authorized to be appropriated, as so adjusted,
    has been appropriated.
    (3) Period of indexing.--The period of indexing adjustment
    under this subsection for any increment of funding shall end on
    the date on which funds are deposited in the Trust Fund.
    (4) Agreement.--Based on the activities likely to be
    conducted using amounts deposited in the Trust Fund, the
    Secretary and the Tribes may agree on which provisions of
    paragraph (1) shall govern the fluctuation in costs to be used
    in calculating the amount authorized to be appropriated under
    subsection (a)(1).

    (c) Limitation on Use of Reclamation Water Settlements Fund.--
    Notwithstanding any other provision of law--
    (1) <>  no amounts in the Reclamation
    Water Settlements Fund established by section 10501(a) of the
    Omnibus Public Land Management Act of 2009 (43 U.S.C. 407(a))
    may be used by the Tribes or the Secretary to carry out any
    provision of this Act until the date that is 10 years after the
    date of enactment of this Act; and
    (2) <>  effective beginning on the
    date that is 10 years after that date of enactment, the total
    amount used by the Tribes and the Secretary to carry out this
    Act from the Reclamation Water Settlements Fund shall not exceed
    an amount equal to 50 percent of the total amount in the Fund on
    that date.
    SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

    (a) Waivers and Releases.--
    (1) Claims by tribes and united states as trustee for
    tribes.--Subject to the reservation of rights and retention of
    claims under subsection (c), as consideration for recognition of
    the Tribal Water Right and other benefits described in the
    Compact and this Act, the Tribes, acting on behalf of the Tribes
    and members of the Tribes (but not any member of the Tribes as
    an allottee), and the United States, acting as trustee for the
    Tribes and the members of the Tribes (but not any member of the
    Tribes as an allottee), shall execute a waiver and release with
    prejudice of all claims for water rights within the State that
    the Tribes, or the United States acting as trustee for the
    Tribes, asserted or could have asserted in any proceeding,
    including a State stream adjudication, on or before the
    enforceability date, except to the extent that such a right is
    recognized in the Compact and this Act.
    (2) Claims by united states as trustee for allottees.--
    Subject to the reservation of rights and the retention of claims
    under subsection (c), as consideration for recognition of the
    Tribal Water Right and other benefits described in the Compact
    and this Act, the United States, acting as trustee for
    allottees, shall execute a waiver and release with prejudice of
    all claims for water rights within the Reservation that the
    United States, acting as trustee for allottees, asserted or
    could have asserted in any proceeding, including a State stream
    adjudication, on

    [[Page 3025]]

    or before the enforceability date, except to the extent that
    such a right is recognized in the Compact and this Act.
    (3) Claims by tribes against united states.--Subject to the
    reservation of rights and retention of claims under subsection
    (c), the Tribes, acting on behalf of the Tribes and members of
    the Tribes (but not any member of the Tribes as an allottee),
    shall execute a waiver and release with prejudice of all claims
    against the United States (including any agency or employee of
    the United States) first arising before the enforceability
    date--
    (A) relating to--
    (i) water rights within the State that the
    United States, acting as trustee for the Tribes,
    asserted or could have asserted in any proceeding,
    including the general stream adjudication in the
    State, except to the extent that such rights are
    recognized as part of the Tribal Water Right under
    this Act;
    (ii) foregone benefits from nontribal use of
    water, on and off the Reservation (including water
    from all sources and for all uses);
    (iii) damage, loss, or injury to water, water
    rights, land, or natural resources due to loss of
    water or water rights (including damages, losses,
    or injuries to hunting, fishing, gathering, or
    cultural rights due to loss of water or water
    rights, claims relating to interference with,
    diversion, or taking of water, or claims relating
    to a failure to protect, acquire, replace, or
    develop water, water rights, or water
    infrastructure) within the State;
    (iv) a failure to establish or provide a
    municipal, rural, or industrial water delivery
    system on the Reservation;
    (v) damage, loss, or injury to water, water
    rights, land, or natural resources due to
    construction, operation, and management of the
    Flathead Indian irrigation project and other
    Federal land and facilities (including damages,
    losses, or injuries to Tribal fisheries, fish
    habitat, wildlife, and wildlife habitat);
    (vi) damage, loss, or injury from failure to
    protect natural resources and land against noxious
    weeds impacts;
    (vii) inadequate compensation for minerals
    extracted;
    (viii) inadequate compensation for land and
    interests in land used for Bureau of Indian
    Affairs roads and wildlife refuges;
    (ix) a failure to provide--
    (I) for operation, maintenance, or
    deferred maintenance for the Flathead
    Indian irrigation project or any other
    irrigation system or irrigation project;
    or
    (II) a dam safety improvement to a
    dam within the Reservation;
    (x) the litigation of claims relating to any
    water right of the Tribes in the State; and
    (xi) the negotiation, execution, or adoption
    of the Compact or this Act;

    [[Page 3026]]

    (B) reserved under subsections (b) through (d) of
    section 6 of the settlement agreement for the case
    entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH
    (D.D.C. 2012); and
    (C) arising from the taking or acquisition of land
    or resources of the Tribes for the construction or
    operation of the Flathead Indian irrigation project.
    (4) Certain off-reservation water rights.--
    (A) In general.--Notwithstanding the confirmation of
    the water rights of the Tribes described in Appendices
    28 and 29 to the Compact, as consideration for
    recognition of the Tribal Water Right and other benefits
    described in the Compact and this Act, the Tribes shall
    relinquish any right, title, or claim to the water
    rights located within the Flathead basin and described
    in those appendices.
    (B) Requirement.--The water rights described in
    subparagraph (A) shall be held solely by the State.

    (b) <>  Enforceability Date.--
    The waivers and releases of claims under subsection (a) shall take
    effect on the date on which the Secretary publishes in the Federal
    Register a statement of findings that--
    (1)(A) the Montana Water Court has approved the Compact in a
    manner from which no further appeal may be taken; or
    (B) if the Montana Water Court is found to lack
    jurisdiction, the applicable United States district court has
    approved the Compact as a consent decree from which no further
    appeal may be taken;
    (2) all amounts authorized to be appropriated under section
    9 have been appropriated;
    (3) the State has appropriated and paid into an interest-
    bearing escrow account any payments due to the Tribes as of the
    date of enactment of this Act under the Compact and this Act;
    (4) the Tribes have ratified the Compact;
    (5) the Secretary has fulfilled the requirements of section
    6; and
    (6) the waivers and releases described in subsection (a)
    have been executed by the Tribes and the Secretary.

    (c) Reservation of Rights and Retention of Claims.--Notwithstanding
    the waivers and releases under subsection (a), the Tribes, acting on
    behalf of the Tribes and members of the Tribes, and the United States,
    acting as trustee for the Tribes and allottees, shall retain--
    (1) all claims relating to--
    (A) the enforcement of, or claims accruing after the
    enforceability date relating to water rights recognized
    under--
    (i) the Compact;
    (ii) any final decree; or
    (iii) this Act; and
    (B) activities affecting the quality of water,
    including any claims under--
    (i) the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C.
    9601 et seq.), including damages to natural
    resources;

    [[Page 3027]]

    (ii) the Safe Drinking Water Act (42 U.S.C.
    300f et seq.);
    (iii) the Federal Water Pollution Control Act
    (33 U.S.C. 1251 et seq.) (commonly referred to as
    the ``Clean Water Act''); and
    (iv) any regulations implementing the Acts
    described in clauses (i) through (iii);
    (2) all rights to use and protect water rights acquired
    after the date of enactment of this Act;
    (3) all claims for damages, losses, or injuries to land or
    natural resources that are--
    (A) not due to loss of water or water rights
    (including hunting, fishing, gathering, or cultural
    rights); and
    (B) not covered by subsection (a)(3); and
    (4) all rights, remedies, privileges, immunities, and powers
    not specifically waived and released pursuant to this Act or the
    Compact.

    (d) Effect of Compact and Act.--Nothing in the Compact or this Act--
    (1) except as otherwise expressly provided in the Compact or
    this Act, reduces or extends the sovereignty (including civil
    and criminal jurisdiction) of any government entity;
    (2) affects the ability of the United States acting as
    sovereign to carry out any activity authorized by applicable
    law, including--
    (A) the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (42 U.S.C. 9601
    et seq.);
    (B) the Safe Drinking Water Act (42 U.S.C. 300f et
    seq.);
    (C) the Federal Water Pollution Control Act (33
    U.S.C. 1251 et seq.) (commonly referred to as the
    ``Clean Water Act''); and
    (D) any regulations implementing the Acts described
    in subparagraphs (A) through (C);
    (3) affects the ability of the United States to act as
    trustee for any other Indian tribe or allottee of any other
    Indian tribe;
    (4) confers jurisdiction on any State court--
    (A) to interpret Federal law regarding health,
    safety, or the environment;
    (B) to determine the duties of the United States or
    any other party under Federal law regarding health,
    safety, or the environment; or
    (C) to conduct judicial review of any Federal agency
    action;
    (5) waives any claim of a member of the Tribes in an
    individual capacity that does not derive from a right of the
    Tribes;
    (6) revives any claim waived by the Tribes in the case
    entitled ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH (D.D.C.
    2012); or
    (7) revives any claim released by an allottee or member of
    the Tribes in the settlement for the case entitled ``Cobell v.
    Salazar'', No. 1:96CV01285-JR (D.D.C. 2012).

    (e) Tolling of Claims.--
    (1) <>  In general.--Each applicable
    period of limitation and time-based equitable defense relating
    to a claim described in

    [[Page 3028]]

    this section shall be tolled during the period beginning on the
    date of enactment of this Act and ending on the date on which
    the amounts made available to carry out this Act are transferred
    to the Secretary.
    (2) Effect of subsection.--Nothing in this subsection
    revives any claim or tolls any period of limitation or time-
    based equitable defense that expired before the date of
    enactment of this Act.

    (f) Expiration.--
    (1) In general.--This Act shall expire in any case in
    which--
    (A) the amounts authorized to be appropriated by
    this Act have not been made available to the Secretary
    by not later than--
    (i) January 21, 2031; or
    (ii) such alternative later date as is agreed
    to by the Tribes and the Secretary; or
    (B) the Secretary fails to publish a statement of
    findings under subsection (b) by not later than--
    (i) January 21, 2032; or
    (ii) such alternative later date as is agreed
    to by the Tribes and the Secretary, after
    providing reasonable notice to the State.
    (2) Consequences.--If this Act expires under paragraph (1)--
    (A) the waivers and releases under subsection (a)
    shall--
    (i) expire; and
    (ii) have no further force or effect;
    (B) the authorization, ratification, confirmation,
    and execution of the Compact under section 4 shall no
    longer be effective;
    (C) any action carried out by the Secretary, and any
    contract or agreement entered into, pursuant to this Act
    shall be void;
    (D) any unexpended Federal funds appropriated or
    made available to carry out the activities authorized by
    this Act, together with any interest earned on those
    funds, and any water rights or contracts to use water
    and title to other property acquired or constructed with
    Federal funds appropriated or made available to carry
    out the activities authorized by this Act shall be
    returned to the Federal Government, unless otherwise
    agreed to by the Tribes and the United States and
    approved by Congress; and
    (E) except for Federal funds used to acquire or
    construct property that is returned to the Federal
    Government under subparagraph (D), the United States
    shall be entitled to offset any Federal funds made
    available to carry out this Act that were expended or
    withdrawn, or any funds made available to carry out this
    Act from other Federal authorized sources, together with
    any interest accrued on those funds, against any claims
    against the United States--
    (i) relating to--
    (I) water rights in the State
    asserted by--
    (aa) the Tribes; or

    [[Page 3029]]

    (bb) any user of the Tribal
    Water Right; or
    (II) any other matter covered by
    subsection (a)(3); or
    (ii) in any future settlement of water rights
    of the Tribes or an allottee.
    SEC. 11. SATISFACTION OF CLAIMS.

    (a) Tribal Claims.--The benefits realized by the Tribes under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of all claims of the Tribes against the United States
    waived and released pursuant to paragraphs (1) and (3) of section 10(a).
    (b) Allottee Claims.--The benefits realized by allottees under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of--
    (1) all claims waived and released pursuant to section
    10(a)(2); and
    (2) any claims of an allottee against the United States that
    an allottee asserted or could have asserted that are similar in
    nature to a claim described in section 10(a)(2).
    SEC. 12. NATIONAL BISON RANGE RESTORATION.

    (a) Findings; Purposes.--
    (1) Findings.--Congress finds that--
    (A) the Reservation was set aside for the Tribes in
    1855 under the treaty between the United States and the
    Tribes concluded at Hell Gate on July 16, 1855 (12 Stat.
    975);
    (B) the National Bison Range was established as a
    conservation measure in 1908, a time when the bison were
    at grave risk of extinction;
    (C) the National Bison Range is located in the
    middle of the Reservation on land that was acquired by
    the United States in what was later held, in the civil
    action entitled ``Confederated Salish and Kootenai
    Tribes of the Flathead Indian Reservation, Montana v.
    United States'' (437 F.2d 458 (Ct.Cl. 1971)), to be a
    taking under the Fifth Amendment to the Constitution of
    the United States;
    (D) the Tribes never consented to the removal of the
    land described in subparagraph (C) from Tribal
    ownership;
    (E) since time immemorial until the establishment of
    the National Bison Range, the Tribes had used the land
    described in subparagraph (C) for--
    (i) hunting, fishing, and gathering; and
    (ii) cultural and many other purposes;
    (F)(i) in the 1870s, when slaughter resulted in the
    risk of bison extinction, a Pend d'Oreille man named
    Little Falcon Robe received approval from leaders of the
    Tribes to bring orphaned bison calves across the
    Continental Divide to the Reservation for purposes of
    starting a herd for subsistence and conservation
    purposes;
    (ii) starting with just a few bison calves, the
    animals grew into a large herd under the stewardship of
    members of the Tribes, who later included Michel Pablo
    and Charles Allard; and

    [[Page 3030]]

    (iii) the Reservation was the home of that free-
    ranging herd of bison for decades before the
    establishment of the National Bison Range;
    (G) when the Reservation was opened for
    homesteading, a free-ranging bison herd was no longer
    feasible, resulting in Michel Pablo selling the herd to
    off-Reservation interests;
    (H) many of the bison, or their descendants, from
    the Tribal member-managed herd were repurchased and
    brought back to the Reservation to form the original
    herd for the National Bison Range;
    (I) the bison herd at the National Bison Range
    descends largely from a herd started and managed as
    described in subparagraph (F);
    (J) the Tribes--
    (i) have played a substantive role as
    conservation leaders, often in partnership with
    the National Bison Range;
    (ii) have demonstrated a long-term commitment
    to responsible management of the land and
    resources surrounding the National Bison Range;
    and
    (iii) desire to carry out the purposes for
    which the National Bison Range was established;
    (K) the Tribes have extensive experience in wildlife
    and natural resources management, including--
    (i) the establishment and management of the
    91,000-acre Mission Mountains Tribal Wilderness,
    the first tribally designated wilderness area in
    the United States;
    (ii) special management districts for large
    animals, such as the Little Money Bighorn Sheep
    Management Area and the Ferry Basin Elk Management
    Area; and
    (iii) the restoration and management of
    bighorn sheep populations, peregrine falcons, and
    trumpeter swans on the Reservation;
    (L) the Tribes have an extensive history of
    successful partnerships with Federal agencies with
    respect to issues such as--
    (i) threatened and endangered species
    management;
    (ii) migratory waterfowl management; and
    (iii) wetland habitat management;
    (M)(i) the Tribes have entered into prior
    management-related agreements relating to the National
    Bison Range under title IV of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5361 et seq.); and
    (ii) the Tribes and the United States desire to
    build on past and current partnerships, as well as honor
    and advance the Federal and Tribal objectives of
    increasing Tribal autonomy and Tribal governmental
    capacity;
    (N) since the establishment of the National Bison
    Range, additional herds of bison have been established
    on other national wildlife refuges and national parks;
    (O) the facts and history regarding the Federal
    Government, the Tribes, the bison, and land on the
    Reservation acquired for the National Bison Range are
    exceptional circumstances that warrant action by
    Congress; and

    [[Page 3031]]

    (P) the United States should hold title in and to
    the land comprising the National Bison Range, with
    beneficial title of the land being restored to the
    Tribes for--
    (i) continued bison conservation;
    (ii) other wildlife and natural resource
    management purposes; and
    (iii) other nonconflicting purposes of the
    Tribes.
    (2) Purposes.--The purposes of this section are--
    (A) to acknowledge the history, culture, and
    ecological stewardship of the Tribes with respect to the
    land on the Reservation acquired for the National Bison
    Range, bison, and other natural resources;
    (B) to ensure that the land, bison, and other
    resources referred to in subparagraph (A) continue to be
    protected and enhanced;
    (C) to continue public access and educational
    opportunities; and
    (D) to ensure a smooth transition for land, bison,
    and other natural resources as the land is restored to
    Federal trust ownership for the benefit of the Tribes.

    (b) Definition of National Bison Range.--In this section, the term
    ``National Bison Range'' means all land within the Reservation that was
    reserved for the national bison range under the matter under the heading
    ``National bison range'' under the heading ``Miscellaneous'' under the
    heading ``Department of Agriculture'' in the Act of May 23, 1908 (16
    U.S.C. 671) (as in effect on the day before the date of enactment of
    this Act).
    (c) Restoration of Land.--
    (1) In general.--Notwithstanding any other provision of law,
    for the purposes of conserving bison, wildlife, and natural
    resources, and of safeguarding the interests of the Tribes in
    those resources and the traditional, cultural, and other
    interests of the Tribes, all land comprising the National Bison
    Range (including all natural resources, interests, and
    appurtenances of that land) shall be held in trust by the United
    States for the benefit of the Tribes.
    (2) Administration.--The land restored by paragraph (1)
    shall be--
    (A) a part of the Reservation;
    (B) administered under the laws (including
    regulations) applicable to Indian trust land; and
    (C) managed by the Tribes, in accordance with
    paragraph (3), solely for the care and maintenance of
    bison, wildlife, and other natural resources, including
    designation or naming of the restored land.
    (3) Tribal management.--In managing the land restored by
    paragraph (1), the Tribes shall--
    (A) provide public access and educational
    opportunities; and
    (B) <>  at all
    times, have a publicly available management plan for the
    land, bison, and natural resources, which shall include
    actions to address management and control of invasive
    weeds.

    (d) Conveyance of Buildings and Other Structures.--
    (1) In general.--The United States shall convey to the
    Tribes, to own in fee, all ownership interests of the United

    [[Page 3032]]

    States in all buildings, structures, improvements, and
    appurtenances located on the land restored by subsection (c)(1).
    (2) Personal property.--The United States may convey to the
    Tribes any personal property owned by the United States and
    found on, or otherwise associated with, the land restored by
    subsection (c)(1).

    (e) Relinquishment of Rights to Bison.--The United States
    relinquishes to the Tribes all interests of United States in the bison
    on the land restored by subsection (c)(1).
    (f) Transition.--
    (1) <>
    In general.--Notwithstanding any other provision of law, during
    the 2-year period beginning on the date of enactment of this
    Act, the Secretary shall cooperate with the Tribes in transition
    activities regarding the management of land, bison, and other
    resources conveyed by this Act, including by providing to the
    Tribes, as determined to be appropriate by the Secretary, funds,
    personal property, equipment, or other resources for the
    performance of, or assistance with, the types of activities
    carried out by the Secretary at the National Bison Range as of
    the date of enactment of this Act.
    (2) Effect.--Consistent with subsections (c), (d), and (e),
    nothing in this section authorizes the Director of the United
    States Fish and Wildlife Service to retain ownership or control
    of any real or personal property conveyed by this section,
    except as the Tribes may agree to in writing.

    (g) Repeal.--The matter under the heading ``National bison range''
    under the heading ``Miscellaneous'' under the heading ``Department of
    Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
    (h) Liability.--The Tribes shall not be liable for any land, soil,
    surface water, groundwater, or other contamination, injury, or damage
    resulting from the storage, disposal, release, or presence of any
    hazardous substance (as defined in section 101 of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9601)) on any portion of the land restored by this section on or
    before the date of the conveyance, unless the Tribes would otherwise
    have been responsible for the storage, disposal, release, or presence.
    (i) Claims Against United States.--No claim may be brought pursuant
    to chapter 7 of title 5, United States Code, or section 1491 or 1505 of
    title 28, United States Code, against the United States, or any agency,
    officer, or employee of the United States, concerning the preconveyance
    or postconveyance management of the land and other property conveyed by
    this section.
    (j) Effect.--Nothing in this section relieves the United States of
    any obligation under section 120(h)(3) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9620(h)(3)).
    (k) No Precedent.--The provisions of this section--
    (1) are uniquely suited to address the distinct
    circumstances, facts, history, and relationships involved with
    the bison, land, and Tribes; and
    (2) are not intended, and shall not be interpreted, to
    establish a precedent for any other situation regarding Federal
    land, property, or facilities.

    (l) Indian Gaming Regulatory Act.--The land restored by this section
    shall not be eligible or used for any gaming activity

    [[Page 3033]]

    carried out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et
    seq.).
    SEC. 13. MISCELLANEOUS PROVISIONS.

    (a) Amendments.--
    (1) Act of april 23, 1904.--Section 9 of the Act of April
    23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter
    216), is amended by striking the seventh undesignated paragraph.
    (2) Act of may 25, 1948.--Section 2 of the Act of May 25,
    1948 (62 Stat. 269, chapter 340), is amended--
    (A) in subsection (h), by striking paragraph (6) and
    inserting the following:
    ``(6) To enhance fisheries habitat or to improve water
    conservation management of the project.''; and
    (B) by adding at the end the following:

    ``(k) Mission Valley Division.--
    ``(1) In general.--The Secretary of the Interior (referred
    to in this section as the `Secretary'), or the Confederated
    Salish and Kootenai Tribes of the Flathead Reservation of
    Montana acting on behalf of the Secretary, as the entity with
    the legal authority and responsibility to operate the Mission
    Valley division of the project (referred to in this subsection
    as the `project operator'), may allocate revenues derived from
    the Mission Valley division in accordance with paragraph (2) for
    the purposes described in subsection (h)(6).
    ``(2) Allocation.--
    ``(A) In general.--Subject to subparagraphs (B) and
    (C), the revenues described in paragraph (1) shall be
    allocated by providing--
    ``(i) $100,000 to the Tribes; and
    ``(ii) $100,000 to the project operator.
    ``(B) <>  Negotiation.--
    Effective beginning on October 1 of the tenth calendar
    year beginning after the date of enactment of the
    Montana Water Rights Protection Act, the Confederated
    Salish and Kootenai Tribes of the Flathead Reservation
    of Montana, the State of Montana, and the Secretary may
    negotiate for an appropriate allocation that differs
    from the allocation described in subparagraph (A).
    ``(C) Carryover.--If the project operator does not
    use the full allocation of the project operator under
    this paragraph for a fiscal year, an amount equal to the
    difference between the full allocation and the amount
    used by the project operator shall be set aside and
    accumulated for expenditure during subsequent fiscal
    years for the purposes described in subsection
    (h)(6).''.
    (3) Indian self-determination and education assistance
    act.--Section 403(b)(4) of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
    (A) in subparagraph (A), by adding ``and'' at the
    end;
    (B) in subparagraph (B), by striking ``and'' at the
    end; and
    (C) by striking subparagraph (C).

    [[Page 3034]]

    (b) Liens.--Any lien established by the Act of April 23, 1904 (33
    Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished and
    released.
    (c) Waiver of Sovereign Immunity.--Except as provided in subsections
    (a) through (c) of section 208 of the Department of Justice
    Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
    sovereign immunity of the United States.
    (d) Other Tribes Not Adversely Affected.--Nothing in this Act
    quantifies or diminishes any land or water right, or any claim or
    entitlement to land or water, of any Indian tribe other than the Tribes.
    (e) Limitation on Claims for Reimbursement.--With respect to Indian
    land located within the Reservation--
    (1) the United States shall not submit against any Indian-
    owned land within the Reservation any claim for reimbursement of
    the cost to the United States of carrying out this Act or the
    Compact; and
    (2) no assessment of any Indian-owned land located within
    the Reservation shall be made regarding that cost.

    (f) Limitation on Liability of United States.--
    (1) In general.--The United States has no obligation--
    (A) to monitor, administer, or account for, in any
    manner, any funds provided to the Tribes by the State;
    or
    (B) to review or approve any expenditure of the
    funds described in subparagraph (A).
    (2) Indemnity.--The Tribes shall indemnify the United
    States, and hold the United States harmless, with respect to all
    claims (including claims for takings or breach of trust) arising
    from the receipt or expenditure of amounts to carry out this Act
    (other than claims arising out of activities carried out by the
    Tribes with funds transferred in accordance with section 7(d)).

    (g) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this Act
    (including any obligation or activity under the Compact) if--
    (1) adequate appropriations are not provided expressly by
    Congress to carry out this Act; or
    (2) subject to section 9(c), insufficient funds are
    available to carry out this Act in the Reclamation Water
    Settlements Fund established by section 10501(a) of the Omnibus
    Public Land Management Act of 2009 (43 U.S.C. 407(a)).

    (h) Federal Advisory Committee Act.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to any activity or function carried
    out by the Secretary under this Act.
    (i) Cooperative Operation and Maintenance of Flathead Indian
    Irrigation Project.--
    (1) Agreement with secretary.--On receipt of a joint request
    from the Tribes and 1 or more irrigation districts within the
    Flathead Indian irrigation project, the Secretary shall enter
    into an agreement with the Tribes and the irrigation districts
    for the cooperative operation and maintenance of the Flathead
    Indian irrigation project, or any portion of the Flathead Indian
    irrigation project, under such form of organization and under
    such conditions as may be acceptable to the Secretary.

    [[Page 3035]]

    (2) Establishment of organization.--
    (A) In general.--In lieu of entering into an
    agreement under paragraph (1), the Tribes and 1 or more
    irrigation districts within the Flathead Indian
    irrigation project may jointly establish an organization
    for the purpose of entering into an agreement for the
    operation and maintenance of the Flathead Indian
    irrigation project under the Indian Self-Determination
    and Education Assistance Act (25 U.S.C. 5301 et seq.).
    (B) Contract support costs.--Any contract support
    costs pursuant to section 106(a) of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5325(a)) for an organization established pursuant to
    subparagraph (A) shall be limited to funds available
    from annual assessment under part 171 of title 25, Code
    of Federal Regulations (or successor regulations).
    (C) Treatment.--An organization established pursuant
    to subparagraph (A) shall be considered to be a tribal
    organization (as defined in section 4 of the Indian
    Self-Determination and Education Assistance Act (25
    U.S.C. 5304)) for purposes of that Act.
    (D) Annual o&m assessments.--Nothing in this
    subsection limits the ability of an organization
    established pursuant to subparagraph (A) to include the
    costs of administering the Flathead Indian irrigation
    project when establishing annual assessment rates in
    accordance with part 171 of title 25, Code of Federal
    Regulations (or successor regulations).

    (j) Exchanges of Land.--
    (1) Definitions.--In this subsection:
    (A) Public land.--The term ``public land'' means--
    (i) public lands (as defined in section 103 of
    the Federal Land Policy and Management Act of 1976
    (43 U.S.C. 1702)); and
    (ii) land managed by the Secretary of
    Agriculture under the jurisdiction of the Forest
    Service.
    (B) Secretary concerned.--The term ``Secretary
    concerned'' means, as applicable--
    (i) the Secretary, with respect to the public
    land described in subparagraph (A)(i); or
    (ii) the Secretary of Agriculture, with
    respect to the public land described in
    subparagraph (A)(ii).
    (2) State trust land.--
    (A) In general.--The Secretary concerned shall offer
    to negotiate with the State for the purpose of
    exchanging public land within the State for State trust
    land located within the Reservation with a total value
    substantially equal to the value of the surface estate
    of the approximately 36,808 acres of State trust land
    obtained by the State pursuant to--
    (i) the Act of February 22, 1889 (commonly
    known as the ``Montana Enabling Act'') (25 Stat.
    676, chapter 180), and the Act of April 23, 1904
    (33 Stat. 302, chapter 1495; 35 Stat. 449, chapter
    216); or
    (ii) the Act of February 25, 1920 (41 Stat.
    452).
    (B) Procedures.--An exchange described in
    subparagraph (A) shall be conducted in accordance with
    section

    [[Page 3036]]

    206 of the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1716).
    (C) <>  Valuation.--In
    determining the fair market value of land for purposes
    of subparagraph (A), the parties to the exchange shall
    give due consideration to the value of any improvements
    on the land.
    (D) Financial impact.--The Secretary concerned shall
    ensure that land exchanged pursuant to this paragraph is
    selected in a manner that minimizes the financial impact
    on local governments, if any.
    (E) Assistance.--The Secretary concerned shall
    provide such financial or other assistance to the State
    and the Tribes as may be necessary to obtain the
    appraisals, and to satisfy administrative requirements,
    necessary to accomplish the exchanges under subparagraph
    (A).
    (F) Title.--On approving an exchange under this
    paragraph, the Secretary concerned shall--
    (i) receive title in and to the State trust
    land involved in the exchange, on behalf of the
    United States; and
    (ii) transfer title in and to the public land
    disposed of in the exchanges with the State by
    such means of conveyance as the Secretary
    concerned considers to be appropriate.
    (G) Trust.--Title to the State trust land acquired
    pursuant to an exchange under this paragraph shall be--
    (i) vested in the United States in trust for
    the sole use and benefit of the Tribes; and
    (ii) recognized as part of the Reservation.
    (3) Requirements.--
    (A) <>  In
    general.--In carrying out paragraph (2), the Secretary
    concerned shall, during the 5-year period beginning on
    the date of enactment of this Act, give priority to an
    exchange of public land within the State for State trust
    land owned by the State.
    (B) Total value.--The total value of the land
    exchanged and acquired for the Tribes pursuant to this
    subsection shall not exceed the value of the surface
    estate of the 36,808 acres described in paragraph
    (2)(A).
    (C) Private exchanges.--
    (i) In general.--Subject to subparagraph (B),
    if, for any reason, after the expiration of the
    period described in subparagraph (A), the
    exchanges under paragraph (2) have not provided to
    the Tribes a total of 36,808 acres of surface land
    within the boundaries of the Reservation, the
    Secretary concerned shall, at the request of, and
    in cooperation with, the Tribes, develop and
    implement a program to provide to the Tribes
    additional land within the Reservation through
    land exchanges with private landowners.
    (ii) Requirement.--In carrying out this
    subparagraph, the Secretary concerned may exchange
    public land within the State for private land of
    substantially equal value within the boundaries of
    the Reservation, in accordance with section 206 of
    the Federal Land Policy and Management Act of 1976
    (43 U.S.C. 1716).

    [[Page 3037]]

    (D) <>  Valuation.--In
    determining the fair market value of land under
    subparagraph (C), the parties to an exchange made
    pursuant to that subparagraph shall give due
    consideration to the value of improvements on the land.
    (E) Title.--If the Secretary concerned obtains
    private land pursuant to subparagraph (C), the Secretary
    concerned shall transfer title to the land to the
    Tribes.
    (F) Trust.--Title to any private land or public land
    transferred to the Tribes pursuant to this paragraph
    shall--
    (i) be vested in the United States in trust
    for the sole use and benefit of the Tribes; and
    (ii) be recognized as part of the Reservation,
    if the land is located within the boundaries of
    the Reservation.
    (G) Tribal assistance.--The Tribes shall assist in
    obtaining prospective willing parties to exchange
    private land within the Reservation for public land
    within the State under this paragraph.
    (4) Protection of grazing rights.--State trust land that is
    not adjacent to Tribal land shall not be eligible to be
    exchanged under this subsection.

    (k) Review of Decisions.--A court of competent jurisdiction shall
    review the decisions of the Flathead Reservation Water Management Board
    and the Montana Department of Fish, Wildlife, and Parks in accordance
    with--
    (1) the Compact;
    (2) the Law of Administration; and
    (3) this Act.

    (l) Payments to Certain Counties.--
    (1) Payments.--
    (A) By secretary.--Subject to paragraph (2), to
    reduce the financial impact on the counties in which the
    land restored by section 12 is located, the Secretary
    shall make payments to Lake County and Sanders County in
    the State, out of amounts in the fund established under
    section 401(a) of the Act of June 15, 1935 (16 U.S.C.
    715s(a)).
    (B) By tribes.--To ensure that culverts, bridges,
    and roads that intersect with, or are otherwise located
    within, the supply and distribution network of the
    Flathead Indian irrigation project comply with Federal
    environmental requirements, to ensure public safety, and
    to enhance Tribal fisheries on the Reservation, the
    Tribes shall allocate from the Trust Fund amounts
    withdrawn for the purposes described in section
    8(h)(13), under an agreement approved by the Secretary--
    (i) $5,000,000 to Lake County in the State;
    and
    (ii) $5,000,000 to Sanders County in the
    State.
    (2) Amount of payments.--The amount of the payments under
    paragraph (1)(A) shall be equal to the amount each county would
    have received if this Act had not been enacted.
    (3) Treatment of land for purposes of calculating
    payments.--For the limited purposes of calculating payments to
    Lake County and Sanders County under this subsection and section
    401 of the Act of June 15, 1935 (16 U.S.C. 715s), the land
    restored by section 13 shall be treated as a fee area

    [[Page 3038]]

    (as defined in section 401(g) of the Act of June 15, 1935 (16
    U.S.C. 715s(g))).

    (m) Effect on Current Law.--Nothing in this Act authorizes
    preenforcement judicial review of any Federal environmental enforcement
    action.
    (n) No Precedent.--The provisions of this Act--
    (1) are uniquely suited to address the distinct
    circumstances, facts, history, and relationships involved; and
    (2) are not intended, and shall not be interpreted, to
    establish precedent for any other situation.

    DIVISION EE--TAXPAYER <>  CERTAINTY AND DISASTER TAX RELIEF ACT OF
    2020
    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

    Sec. 1. Short title; table of contents.

    TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

    Subtitle A--Certain Provisions Made Permanent

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

    Subtitle B--Certain Provisions Extended Through 2025

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

    Subtitle C--Extension of Certain Other Provisions

    Sec. 131. Credit for electricity produced from certain renewable
    resources.

    [[Page 3039]]

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

    TITLE II--OTHER PROVISIONS

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

    TITLE III--DISASTER TAX RELIEF

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

    TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

    Subtitle A--Certain Provisions Made Permanent

    SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.

    (a) In General.--Section 213 <>  is amended--
    (1) by striking ``10 percent'' in subsection (a) and
    inserting ``7.5 percent'', and
    (2) by striking subsection (f).

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

    (a) Deduction Made Permanent.--Section 179D is amended by striking
    subsection (h).

    [[Page 3040]]

    (b) Inflation Adjustment.--Section 179D, as amended by subsection
    (a), is amended by redesignating subsection (g) as subsection (h) and by
    inserting after subsection (f) the following new subsection:
    ``(g) Inflation Adjustment.--In the case of a taxable year beginning
    after 2020, each dollar amount in subsection (b) or subsection (d)(1)(A)
    shall be increased by an amount equal to--
    ``(1) such dollar amount, multiplied by
    ``(2) <>  the cost-of-living
    adjustment determined under section 1(f)(3) for the calendar
    year in which the taxable year begins, determined by
    substituting `calendar year 2019' for `calendar year 2016' in
    subparagraph (A)(ii) thereof.

    Any increase determined under the preceding sentence which is not a
    multiple of 1 cent shall be rounded to the nearest cent.''.
    (c) Update of Standards.--
    (1) ASHRAE standards.--Section 179D(c) is amended--
    (A) in paragraphs (1)(B)(ii) and (1)(D), by striking
    ``Standard 90.1-2007'' and inserting ``Reference
    Standard 90.1'', and
    (B) by amending paragraph (2) to read as follows:
    ``(2) <>
    Reference standard 90.1.--The term `Reference Standard 90.1'
    means, with respect to any property, the most recent Standard
    90.1 published by the American Society of Heating,
    Refrigerating, and Air Conditioning Engineers and the
    Illuminating Engineering Society of North America which has been
    affirmed by the Secretary, after consultation with the Secretary
    of Energy, for purposes of this section not later than the date
    that is 2 years before the date that construction of such
    property begins.''.
    (2) California nonresidential alternative calculation method
    approval manual.--Section 179D(d)(2) is amended by striking ``,
    based on the provisions of the 2005 California Nonresidential
    Alternative Calculation Method Approval Manual'' and inserting
    ``with respect to any property, based on the provisions of the
    most recent California Nonresidential Alternative Calculation
    Method Approval Manual which has been affirmed by the Secretary,
    after consultation with the Secretary of Energy, for purposes of
    this section not later than the date that is 2 years before the
    date that construction of such property begins''.

    (d) <>  Effective Date.--The amendments
    made by this section shall apply to property placed in service after
    December 31, 2020.
    SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND
    EMERGENCY MEDICAL RESPONDERS.

    (a) In General.--Section 139B <>  is amended by
    striking subsection (d).

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION AND
    RELATED EXPENSES TO INCREASED INCOME
    LIMITATION ON LIFETIME LEARNING CREDIT.

    (a) Increased Income Limitations for Phaseout of Lifetime Learning
    Credit.--

    [[Page 3041]]

    (1) In general.--Section 25A(d) <>  is
    amended by striking paragraphs (1) and (2), by redesignating
    paragraph (3) as paragraph (2), and by inserting before
    paragraph (2) (as so redesignated) the following new paragraph:
    ``(1) In general.--The American Opportunity Tax Credit and
    the Lifetime Learning Credit shall each (determined without
    regard to this paragraph) be reduced (but not below zero) by the
    amount which bears the same ratio to each such credit (as so
    determined) as--
    ``(A) the excess of--
    ``(i) the taxpayer's modified adjusted gross
    income for such taxable year, over
    ``(ii) $80,000 ( $160,000 in the case of a
    joint return), bears to
    ``(B) $10,000 ( $20,000 in the case of a joint
    return).''.
    (2) Conforming amendment.--Section 25A is amended by
    striking subsection (h).

    (b) Repeal of Deduction for Qualified Tuition and Related
    Expenses.--
    (1) In <> general.--Part VII of
    subchapter B of chapter 1 is amended by striking section 222
    (and by striking the item relating to such section in the table
    of sections for such part).
    (2) Conforming amendments.--
    (A) Section 62(a) is amended by striking paragraph
    (18).
    (B) Section 74(d)(2)(B) is amended by striking
    ``222,''.
    (C) Section 86(b)(2)(A) is amended by striking
    ``222,''.
    (D) Section 135(c)(4)(A) is amended by striking
    ``222,''.
    (E) Section 137(b)(3)(A) is amended by striking
    ``222,''.
    (F) Section 219(g)(3)(A)(ii) is amended by striking
    ``222,''.
    (G) Section 221(b)(2)(C)(i) is amended by striking
    ``222,''.
    (H) Section 469(i)(3)(E)(iii) is amended by striking
    ``222,''.

    (c) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.

    (a) Made Permanent.--Section 45G is amended by striking subsection
    (f).
    (b) Modification of Credit Rate.--Section 45G(a) is amended by
    striking ``50 percent'' and inserting ``40 percent (50 percent in the
    case of any taxable year beginning before January 1, 2023)''.
    (c) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years ending after the date of
    the enactment of this Act.
    SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
    SPIRITS.

    (a) Production Period for Beer, Wine, and Distilled Spirits.--
    (1) In general.--Section 263A(f)(4) is amended to read as
    follows:
    ``(4) Exemption for aging process of beer, wine, and
    distilled spirits.--For purposes of this subsection, the
    production period shall not include the aging period for--
    ``(A) beer (as defined in section 5052(a)),

    [[Page 3042]]

    ``(B) wine (as described in section 5041(a)), or
    ``(C) distilled spirits (as defined in section
    5002(a)(8)), except such spirits that are unfit for use
    for beverage purposes.''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to interest costs
    paid or accrued after December 31, 2020.

    (b) Reduced Rate of Excise Tax on Beer.--
    (1) In general.--Section 5051(a)(1) <>
    is amended to read as follows:
    ``(1) In general.--
    ``(A) Imposition of tax.--A tax is hereby imposed on
    all beer brewed or produced, and removed for consumption
    or sale, within the United States, or imported into the
    United States. Except as provided in paragraph (2), the
    rate of such tax shall be--
    ``(i) $16 on the first 6,000,000 barrels of
    beer--
    ``(I) brewed by the brewer and
    removed during the calendar year for
    consumption or sale, or
    ``(II) imported by the importer into
    the United States during the calendar
    year, and
    ``(ii) $18 on any barrels of beer to which
    clause (i) does not apply.
    ``(B) Barrel.--For purposes of this section, a
    barrel shall contain not more than 31 gallons of beer,
    and any tax imposed under this section shall be applied
    at a like rate for any other quantity or for fractional
    parts of a barrel.''.
    (2) Reduced rate for certain domestic production.--Section
    5051(a)(2)(A) is amended--
    (A) in the heading, by inserting `` $3.50 a barrel''
    before ``rate'', and
    (B) by striking `` $7'' and all that follows through
    ``January 1, 2021)'' and inserting `` $3.50''.
    (3) Application of reduced tax rate for foreign
    manufacturers and importers.--Section 5051(a) is amended--
    (A) in paragraph (1)(A)(i)(II), as amended by
    paragraph (1) of this subsection, by inserting ``but
    only if the importer is an electing importer under
    paragraph (4) and the barrels have been assigned to the
    importer pursuant to such paragraph'' after ``during the
    calendar year'', and
    (B) in paragraph (4)--
    (i) in subparagraph (A), by striking
    ``paragraph (1)(C)'' and inserting ``paragraph
    (1)(A)'', and
    (ii) in subparagraph (B), by striking ``The
    Secretary'' and inserting ``The Secretary, after
    consultation with the Secretary of the Department
    of Homeland Security,''.
    (4) Controlled group and single taxpayer rules.--Section
    5051(a)(5) is amended by striking ``paragraph (1)(C)(i)'' each
    place it appears and inserting ``paragraph (1)(A)(i)''.
    (5) <>  Effective date.--The
    amendments made by this subsection shall apply to beer removed
    after December 31, 2020.

    (c) Transfer of Beer Between Bonded Facilities.--
    (1) In general.--Section 5414 is amended to read as follows:

    [[Page 3043]]

    ``SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.

    ``(a) In General.--Beer may be removed from one brewery to another
    brewery, without payment of tax, and may be mingled with beer at the
    receiving brewery, subject to such conditions, including payment of the
    tax, and in such containers, as the Secretary by regulations shall
    prescribe, which shall include--
    ``(1) any removal from one brewery to another brewery
    belonging to the same brewer,
    ``(2) any removal from a brewery owned by one corporation to
    a brewery owned by another corporation when--
    ``(A) one such corporation owns the controlling
    interest in the other such corporation, or
    ``(B) the controlling interest in each such
    corporation is owned by the same person or persons, and
    ``(3) any removal from one brewery to another brewery when--
    ``(A) the proprietors of transferring and receiving
    premises are independent of each other and neither has a
    proprietary interest, directly or indirectly, in the
    business of the other, and
    ``(B) the transferor has divested itself of all
    interest in the beer so transferred and the transferee
    has accepted responsibility for payment of the tax.

    ``(b) Transfer of Liability for Tax.--For purposes of subsection
    (a)(3), such relief from liability shall be effective from the time of
    removal from the transferor's premises, or from the time of divestment
    of interest, whichever is later.''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to any calendar
    quarters beginning after December 31, 2020.

    (d) Reduced Rate of Excise Tax on Certain Wine.--
    (1) In general.--Section 5041(c) <>  is
    amended--
    (A) in the heading, by striking ``for Small Domestic
    Producers'',
    (B) by amending paragraph (1) to read as follows:
    ``(1) Allowance of credit.--
    ``(A) In general.--There shall be allowed as a
    credit against any tax imposed by this title (other than
    chapters 2, 21, and 22) an amount equal to the sum of--
    ``(i) $1 per wine gallon on the first 30,000
    wine gallons of wine, plus
    ``(ii) 90 cents per wine gallon on the first
    100,000 wine gallons of wine to which clause (i)
    does not apply, plus
    ``(iii) 53.5 cents per wine gallon on the
    first 620,000 wine gallons of wine to which
    clauses (i) and (ii) do not apply,
    which are produced by the producer and removed during
    the calendar year for consumption or sale, or which are
    imported by the importer into the United States during
    the calendar year.
    ``(B) Adjustment of credit for hard cider.--In the
    case of wine described in subsection (b)(6),
    subparagraph (A) of this paragraph shall be applied--
    ``(i) in clause (i) of such subparagraph, by
    substituting `6.2 cents' for ` $1',

    [[Page 3044]]

    ``(ii) in clause (ii) of such subparagraph, by
    substituting `5.6 cents' for `90 cents', and
    ``(iii) in clause (iii) of such subparagraph,
    by substituting `3.3 cents' for `53.5 cents'.'',
    (C) by striking paragraphs (2) and (8),
    (D) by redesignating paragraphs (3) through (6) as
    paragraphs (2) through (5), respectively,
    (E) by redesignating paragraph (9) as paragraph (6),
    and
    (F) by amending paragraph (7) to read as follows:
    ``(7) Regulations.--The Secretary may prescribe such
    regulations as may be necessary to carry out the purposes of
    this subsection, including regulations to ensure proper
    calculation of the credit provided in this subsection.''.
    (2) Allowance of credit for foreign manufacturers and
    importers.--Section 5041(c), as amended by paragraph (1), is
    amended--
    (A) in paragraph (1)(A), by inserting ``but only if
    the importer is an electing importer under paragraph (6)
    and the wine gallons of wine have been assigned to the
    importer pursuant to such paragraph'' after ``into the
    United States during the calendar year'', and
    (B) in paragraph (6)--
    (i) in subparagraph (A), by striking
    ``paragraph (8)'' and inserting ``paragraph (1)'',
    (ii) in subparagraph (B), by striking ``The
    Secretary'' and inserting ``The Secretary of the
    Treasury, after consultation with the Secretary of
    the Department of Homeland Security,'', and
    (iii) in subparagraph (C), by striking
    ``paragraph (4)'' and inserting ``paragraph (3)''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply to wine removed
    after December 31, 2020.

    (e) Adjustment of Alcohol Content Level for Application of Excise
    Tax Rates.--
    (1) In general.--Paragraphs (1) and (2) of section 5041(b)
    are each amended by striking ``14 percent'' and all that follows
    through ``January 1, 2021'' and inserting ``16 percent''.
    (2) <>  Effective date.--The
    amendments made by this subsection shall apply to wine removed
    after December 31, 2020.

    (f) Definition of Mead and Low Alcohol by Volume Wine.--
    (1) In general.--Section 5041(h) is amended--
    (A) in paragraph (2), by striking ``the Secretary
    shall'' each place it appears and inserting ``the
    Secretary may'', and
    (B) by striking paragraph (3).
    (2) <>  Effective date.--The
    amendments made by this subsection shall apply to wine removed
    after December 31, 2020.

    (g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
    (1) <>  In general.--Section 5001(c) is
    amended--
    (A) in the heading, by striking ``Temporary Reduced
    Rate'' and inserting ``Reduced Rate'',
    (B) in paragraph (3)(B), by striking ``The
    Secretary'' and inserting ``The Secretary of the
    Treasury, after consultation with the Secretary of the
    Department of Homeland Security,'', and

    [[Page 3045]]

    (C) by striking paragraph (4).
    (2) <>  Effective date.--The
    amendments made by this subsection shall apply to distilled
    spirits removed after December 31, 2020.

    (h) Bulk Distilled Spirits.--
    (1) In general.--Section 5212 <>  is
    amended by striking ``and before January 1, 2021,'' and
    inserting ``between bonded premises belonging to the same person
    or members of the same controlled group (within the meaning of
    section 5001(c)(2))''.
    (2) Non-bulk transfers related to bottling or storage.--
    Section 5212 is amended by adding at the end the following new
    sentence: ``In the case of distilled spirits transferred in bond
    from the person who distilled or processed such distilled
    spirits (hereinafter referred to as `transferor') to another
    person for bottling or storage of such distilled spirits, and
    returned to the transferor for removal, this section shall be
    applied without regard to whether distilled spirits are bulk
    distilled spirits, but only if the transferor retains title
    during the entire period between such distillation, or
    processing, and removal.''.
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply to distilled
    spirits transferred in bond after December 31, 2020.

    (i) Simplification of Rules Regarding Records, Statements, and
    Returns.--
    (1) In general.--Section 5555(a) is amended by striking
    ``For calendar quarters beginning after the date of the
    enactment of this sentence, and before January 1, 2021, the
    Secretary'' and inserting ``The Secretary''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to calendar
    quarters beginning after December 31, 2020.
    SEC. 107. <>  REFUNDS IN LIEU OF REDUCED
    RATES FOR CERTAIN CRAFT BEVERAGES
    PRODUCED OUTSIDE THE UNITED STATES.

    (a) Distilled Spirits.--
    (1) In general.--Section 5001(c), as amended by the
    preceding provisions of this Act, is amended by adding at the
    end the following new paragraph:
    ``(4) Refunds in lieu of reduced rates for foreign
    production removed after december 31, 2022.--
    ``(A) In general.--In the case of any proof gallons
    of distilled spirits which have been produced outside
    the United States and imported into the United States,
    if such proof gallons of distilled spirits are removed
    after December 31, 2022--
    ``(i) paragraph (1) shall not apply, and
    ``(ii) <>  the amount
    determined under subparagraph (B) shall be allowed
    as a refund, determined for periods not less
    frequently than quarterly, to the importer in the
    same manner as if such amount were an overpayment
    of tax imposed by this section.
    ``(B) Amount of refund.--The amount determined under
    this subparagraph with respect to any importer for any
    period is an amount equal to the sum of--
    ``(i) the excess (if any) of--
    ``(I) the amount of tax imposed
    under this subpart on proof gallons of
    distilled spirits referred

    [[Page 3046]]

    to in subparagraph (A) which were
    removed during such period, over
    ``(II) the amount of tax which would
    have been imposed under this subpart on
    such proof gallons of distilled spirits
    if this section were applied without
    regard to this paragraph, plus
    ``(ii) the amount of interest which would be
    allowed and paid on an overpayment of tax at the
    overpayment rate established under section
    6621(a)(1) (without regard to the second sentence
    thereof) were such rate applied to the excess (if
    any) determined under clause (i) for the number of
    days in the filing period for which the refund
    under this paragraph is being determined.
    ``(C) Application of rules related to elections and
    assignments.--Subparagraph (A)(ii) shall apply only if
    the importer is an electing importer under paragraph (3)
    and the proof gallons of distilled spirits have been
    assigned to the importer pursuant to such paragraph.
    ``(D) <>  Rules for refunds
    within 90 days.--For purposes of refunds allowed under
    this paragraph, section 6611(e) shall be applied by
    substituting `90 days' for `45 days' each place it
    appears.''.
    (2) Coordination with determination for cover over to puerto
    rico and virgin islands.--
    (A) In general.--Section 7652 <>  is amended by adding at the end the following
    new subsection:

    ``(i) Determination of Taxes Collected.--For purposes of subsections
    (a)(3), (b)(3), and (e)(1), refunds under section 5001(c)(4) shall not
    be taken into account as a refund, and the amount of taxes imposed by
    and collected under section 5001(a)(1) shall be determined without
    regard to section 5001(c).''.
    (B) Conforming amendment.--Section 7652(e) is
    amended by striking paragraph (5).
    (3) <>  Effective date.--The
    amendments made by this subsection shall apply to distilled
    spirits brought into the United States and removed after
    December 31, 2022.

    (b) Beer.--
    (1) In general.--Section 5051(a) is amended by adding at the
    end the following new paragraph:
    ``(6) Refunds in lieu of reduced rates for foreign
    production removed after december 31, 2022.--
    ``(A) In general.--In the case of any barrels of
    beer which have been produced outside the United States
    and imported into the United States, if such barrels of
    beer are removed after December 31, 2022--
    ``(i) paragraph (1)(A)(i) shall not apply, and
    ``(ii) the amount determined under
    subparagraph (B) shall be allowed as a refund,
    determined for periods not less frequently than
    quarterly, to the importer in the same manner as
    if such amount were an overpayment of tax imposed
    by this section.
    ``(B) Amount of refund.--The amount determined under
    this subparagraph with respect to any importer for any
    period is an amount equal to the sum of--
    ``(i) excess (if any) of--

    [[Page 3047]]

    ``(I) the amount of tax imposed
    under this section on barrels of beer
    referred to in subparagraph (A) which
    were removed during such period, over
    ``(II) the amount of tax which would
    have been imposed under this section on
    such barrels of beer if this section
    were applied without regard to this
    paragraph, plus
    ``(ii) the amount of interest which would be
    allowed and paid on an overpayment of tax at the
    overpayment rate established under section
    6621(a)(1) (without regard to the second sentence
    thereof) were such rate applied to the excess (if
    any) determined under clause (i) for the number of
    days in the filing period for which the refund
    under this paragraph is being determined.
    ``(C) Application of rules related to elections and
    assignments.--Subparagraph (A)(ii) shall apply only if
    the importer is an electing importer under paragraph (4)
    and the barrels of beer have been assigned to the
    importer pursuant to such paragraph.
    ``(D) <>  Rules for refunds
    within 90 days.--For purposes of refunds allowed under
    this paragraph, section 6611(e) shall be applied by
    substituting `90 days' for `45 days' each place it
    appears.''.
    (2) <>  Effective date.--The
    amendment made by this subsection shall apply to beer removed
    after December 31, 2022.

    (c) Wine.--
    (1) In general.--Section 5041(c), <>  as
    amended by the preceding provisions of this Act, is amended by
    redesignating paragraph (7) as paragraph (8) and by inserting
    after paragraph (6) the following new paragraph:
    ``(7) Refunds in lieu of tax credits for foreign production
    removed after december 31, 2022.--
    ``(A) In general.--In the case of any wine gallons
    of wine which have been produced outside the United
    States and imported into the United States, if such wine
    gallons are removed after December 31, 2022--
    ``(i) paragraph (1) shall not apply, and
    ``(ii) the amount determined under
    subparagraph (B) shall be allowed as a refund,
    determined for periods not less frequently than
    quarterly, to the importer in the same manner as
    if such amount were an overpayment of tax imposed
    by this section.
    ``(B) Amount of refund.--The amount determined under
    this subparagraph with respect to any importer for any
    period is an amount equal to the sum of--
    ``(i) excess (if any) of--
    ``(I) the amount of tax imposed
    under this section on wine gallons of
    wine referred to in subparagraph (A)
    which were removed during such period,
    over
    ``(II) the amount of tax which would
    have been imposed under this section
    (including any allowable credits) on
    such gallons of wine if this section
    were applied without regard to this
    paragraph, plus

    [[Page 3048]]

    ``(ii) the amount of interest which would be
    allowed and paid on an overpayment of tax at the
    overpayment rate established under section
    6621(a)(1) (without regard to the second sentence
    thereof) were such rate applied to the excess (if
    any) determined under clause (i) for the number of
    days in the filing period for which the refund
    under this paragraph is being determined.
    ``(C) Application of rules related to elections and
    assignments.--Subparagraph (A)(ii) shall apply only if
    the importer is an electing importer under paragraph (6)
    and the wine gallons of wine have been assigned to the
    importer pursuant to such paragraph.
    ``(D) <>  Rules for refunds
    within 90 days.--For purposes of refunds allowed under
    this paragraph, section 6611(e) shall be applied by
    substituting `90 days' for `45 days' each place it
    appears.''.
    (2) <>  Effective date.--The
    amendments made by this subsection shall apply to wine removed
    after December 31, 2022.

    (d) Information Reporting in Case of Assignment of Lower Rates or
    Refunds by Foreign Producers of Beer, Wine, and Distilled Spirits.--
    (1) In general.--Subpart A of part III of subchapter A of
    chapter 61 is amended by inserting after section 6038D the
    following new section:
    ``SEC. 6038E. <>  INFORMATION WITH RESPECT TO
    ASSIGNMENT OF LOWER RATES OR REFUNDS BY
    FOREIGN PRODUCERS OF BEER, WINE, AND
    DISTILLED SPIRITS.

    ``Any foreign producer that elects to make an assignment described
    in section 5001(c), 5041(c), or 5051(a) shall provide such information,
    at such time and in such manner, as the Secretary may prescribe in order
    to make such assignment, including information about the controlled
    group structure of such foreign producer.''.
    (2) Clerical amendment.--Table of sections for subpart A of
    part III of subchapter A of chapter 61 <>  is amended by inserting after the item relating to
    section 6038D the following new item:

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

    (3) <>  Effective
    date.--The amendments made by this subsection shall apply to
    elections to make an assignment under section 5001(c), 5041(c),
    or 5051(a) of the Internal Revenue Code of 1986 after December
    31, 2020.

    (e) <>  Administration of
    Refunds.--The Secretary of the Treasury (or the Secretary's delegate
    within the Department of the Treasury) shall implement and administer
    sections 5001(c)(4), 5041(c)(7), and 5051(a)(6) of the Internal Revenue
    Code of 1986, as added by this Act, in coordination with the United
    States Customs and Border Protection of the Department of Homeland
    Security.

    (f) <>  Regulations.--The
    Secretary of the Treasury (or the Secretary's delegate within the
    Department of the Treasury) shall prescribe such regulations as may be
    necessary or appropriate to carry out the purposes of this section,
    including regulations to require foreign producers to provide
    information necessary to

    [[Page 3049]]

    enforce the volume limitations under sections 5001(c), 5041(c), and
    5051(a) of such Code.

    (g) <>  Report.--Not later
    than 180 days after the date of the enactment of this Act, the Secretary
    of the Treasury (or the Secretary's delegate within the Department of
    the Treasury) shall, in coordination with the United States Customs and
    Border Protection of the Department of Homeland Security, prepare,
    submit to Congress, and make publicly available a report detailing the
    plans for implementing and administering sections 5001(c)(4),
    5041(c)(7), and 5051(a)(6) of such Code, as added by this Act.
    SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY
    PRODUCED BEER, WINE, AND SPIRITS.

    (a) In General.--Subpart E of part I of subchapter A of chapter 51
    is amended by redesignating section 5067 <>  as
    section 5068 and by inserting after section 5066 the following new
    section:
    ``SEC. 5067. <>  REDUCED RATES NOT ALLOWED FOR
    SMUGGLED OR ILLEGALLY PRODUCED BEER,
    WINE, OR SPIRITS.

    ``In the case of beer, wine, or distilled spirits that are smuggled
    into the United States or produced other than as authorized by this
    chapter--
    ``(1) the rates of tax under paragraphs (1)(A)(i) and (2) of
    section 5051(a) shall not apply in the case of any such beer,
    ``(2) the credit under section 5041(c) shall not apply in
    the case of any such wine, and
    ``(3) the rates of tax under section 5001(c) shall not apply
    in the case of any such distilled spirits.''.

    (b) Clerical Amendment.--The table of sections for subpart E of part
    I of subchapter A of chapter 51 <>  is amended
    by striking the last item and inserting the following new items:

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

    (c) <>  Effective Date.--The amendments
    made by this section shall apply to beer, wine, or distilled spirits, as
    the case may be, produced after the date of the enactment of this Act.
    SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED DISTILLED
    SPIRITS RATES.

    (a) In General.--Section 5001(c), as amended by the preceding
    provisions of this Act, is amended by adding at the end the following:
    ``(5) Processed distilled spirits.--A distilled spirit shall
    not be treated as processed for purposes of this subsection
    unless a process described in section 5002(a)(5)(A) (other than
    bottling) is performed with respect to such distilled spirit.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to distilled spirits removed after December
    31, 2021.
    SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.

    (a) Beer.--Section 5051(a)(5)(C) <>  is amended
    by striking ``marketed under a similar brand, license'' and inserting
    ``under a license''.

    (b) Wine.--For single taxpayer rules relating to wine, see cross
    reference under section 5041(c)(3) of the Internal Revenue Code of 1986,
    as redesignated by this Act.

    [[Page 3050]]

    (c) Distilled Spirits.--
    (1) In general.--Section 5001(c)(2)(D) <>  is amended by striking ``marketed under a similar
    brand, license'' and inserting ``under a license''.
    (2) Application to processors.--Section 5001(c)(2)(D) is
    further amended by inserting ``or process'' after ``that
    produce''.

    (d) <>  Effective Date.--The amendments
    made by this section shall apply to beer, wine, and distilled spirits
    removed after December 31, 2020.

    Subtitle B--Certain Provisions Extended Through 2025

    SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
    CORPORATIONS.

    (a) In General.--Section 954(c)(6)(C) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
    (b) <>  Effective Date.--The
    amendment made by this section shall apply to taxable years of foreign
    corporations beginning after December 31, 2020, and to taxable years of
    United States shareholders with or within which such taxable years of
    foreign corporations end.
    SEC. 112. NEW MARKETS TAX CREDIT.

    (a) In General.--Section 45D(f)(1)(H) is amended by striking
    ``2020'' and inserting ``for each of calendar years 2020 through 2025''.
    (b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended by
    striking ``2025'' and inserting ``2030''.
    (c) <>  Effective Date.--The amendments made
    by this section shall apply to calendar years beginning after December
    31, 2020.
    SEC. 113. WORK OPPORTUNITY CREDIT.

    (a) In General.--Section 51(c)(4) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to individuals who begin work for the
    employer after December 31, 2020.
    SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
    PRINCIPAL RESIDENCE INDEBTEDNESS.

    (a) In General.--Section 108(a)(1)(E) is amended by striking
    ``January 1, 2021'' both places it appears and inserting ``January 1,
    2026''.
    (b) Modification of Maximum Acquisition Indebtedness Taken Into
    Account.--Section 108(h)(2) is amended by striking `` $2,000,000 (
    $1,000,000'' and inserting `` $750,000 ( $375,000''.
    (c) <>  Effective Date.--The amendments made
    by this section shall apply to discharges of indebtedness after December
    31, 2020.
    SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
    COMPLEXES.

    (a) In General.--Section 168(i)(15)(D) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2020.

    [[Page 3051]]

    SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.

    (a) Extension.--Section 181(g) <>  is amended by
    striking ``December 31, 2020'' and inserting ``December 31, 2025''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to productions commencing after December 31,
    2020.
    SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.

    (a) In General.--Section 4611(f)(2) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply on and after January 1, 2021.
    SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.

    (a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) Termination of Increase in Expensing Under Section 179.--Section
    1397A is amended by adding at the end the following new subsection:
    ``(c) Termination.--This section shall not apply to any property
    placed in service in taxable years beginning after December 31, 2020.''.
    (c) Termination of Nonrecognition of Gain on Rollover of Empowerment
    Zone Investments.--Section 1397B is amended by adding at the end the
    following new subsection:
    ``(c) Termination.--This section shall not apply to sales in taxable
    years beginning after December 31, 2020.''.
    (d) <>  Treatment of Certain Termination
    Dates Specified in Nominations.--In the case of a designation of an
    empowerment zone the nomination for which included a termination date
    which is contemporaneous with the date specified in subparagraph (A)(i)
    of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
    before the enactment of this Act), subparagraph (B) of such section
    shall not apply with respect to such designation if, after the date of
    the enactment of this section, the entity which made such nomination
    amends the nomination to provide for a new termination date in such
    manner as the Secretary of the Treasury (or the Secretary's designee)
    may provide.

    (e) <>  Effective Date.--The amendments
    made by this section shall apply to taxable years beginning after
    December 31, 2020.
    SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.

    (a) In General.--Section 45S(i) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to wages paid in taxable years beginning
    after December 31, 2020.
    SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT
    LOANS.

    (a) In General.--Section 127(c)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to payments made after December 31, 2020.
    SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.

    Section 45Q(d)(1) is amended by striking ``January 1, 2024'' and
    inserting ``January 1, 2026''.

    [[Page 3052]]

    Subtitle C--Extension of Certain Other Provisions

    SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
    RESOURCES.

    (a) In General.--The following provisions of section
    45(d) <>  are each amended by striking ``January 1,
    2021'' each place it appears and inserting ``January 1, 2022'':
    (1) Paragraph (1).
    (2) Paragraph (2)(A).
    (3) Paragraph (3)(A).
    (4) Paragraph (4)(B).
    (5) Paragraph (6).
    (6) Paragraph (7).
    (7) Paragraph (9).
    (8) Paragraph (11)(B).

    (b) Extension of Election to Treat Qualified Facilities as Energy
    Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
    2021'' and inserting ``January 1, 2022''.
    (c) Conforming Amendments Related to Application of Phaseout
    Percentage.--
    (1) Section 45(b)(5)(D) is amended by striking ``January 1,
    2021'' and inserting ``January 1, 2022''.
    (2) Section 48(a)(5)(E)(iv) is amended by striking ``January
    1, 2021'' and inserting ``January 1, 2022''.

    (d) <>  Effective Date.--The amendments made
    by this section shall take effect on January 1, 2021.
    SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

    (a) Extensions.--Section 48 is amended--
    (1) in subsection (a)--
    (A) in paragraph (2)(A)(i)(II), by striking
    ``January 1, 2022'' and inserting ``January 1, 2024'',
    and
    (B) in paragraph (3)(A)--
    (i) in clause (ii), by striking ``January 1,
    2022'' and inserting ``January 1, 2024'', and
    (ii) in clause (vii), by striking ``January 1,
    2022'' and inserting ``January 1, 2024'', and
    (2) in subsection (c)--
    (A) in paragraph (1)(D), by striking ``January 1,
    2022'' and inserting ``January 1, 2024'',
    (B) in paragraph (2)(D), by striking ``January 1,
    2022'' and inserting ``January 1, 2024'',
    (C) in paragraph (3)(A)(iv), by striking ``January
    1, 2022'' and inserting ``January 1, 2024'', and
    (D) in paragraph (4)(C), by striking ``January 1,
    2022'' and inserting ``January 1, 2024''.

    (b) Phaseouts.--
    (1) Solar energy property.--Section 48(a)(6) is amended--
    (A) in subparagraph (A)--
    (i) by striking ``January 1, 2022, the energy
    percentage'' and inserting ``January 1, 2024, the
    energy percentage'',
    (ii) in clause (i), by striking ``January 1,
    2021'' and inserting ``January 1, 2023'', and

    [[Page 3053]]

    (iii) in clause (ii), by striking ``after
    December 31, 2020, and before January 1, 2022''
    and inserting ``after December 31, 2022, and
    before January 1, 2024'', and
    (B) in subparagraph (B), by striking ``begins before
    January 1, 2022, and which is not placed in service
    before January 1, 2024'' and inserting ``begins before
    January 1, 2024, and which is not placed in service
    before January 1, 2026''.
    (2) Fiber-optic solar, qualified fuel cell, and qualified
    small wind energy property.--Section 48(a)(7) <>  is amended--
    (A) in subparagraph (A)--
    (i) in clause (i), by striking ``January 1,
    2021'' and inserting ``January 1, 2023'', and
    (ii) in clause (ii), by striking ``after
    December 31, 2020, and before January 1, 2022''
    and inserting ``after December 31, 2022, and
    before January 1, 2024'', and
    (B) in subparagraph (B), by striking ``January 1,
    2024'' and inserting ``January 1, 2026''.

    (c) <>  Effective Date.--The amendments made
    by this section shall take effect on January 1, 2020.
    SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
    RESIDENCE INTEREST.

    (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to amounts paid or accrued after December
    31, 2020.
    SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
    INDIVIDUALS.

    (a) In General.--Section 35(b)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to months beginning after December 31, 2020.
    SEC. 135. INDIAN EMPLOYMENT CREDIT.

    (a) In General.--Section 45A(f) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.

    (a) In General.--Section 45N(e) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR
    PROPERTY.

    (a) In General.--Section 168(e)(3)(A)(i) is amended--
    (1) by striking ``January 1, 2021'' in subclause (I) and
    inserting ``January 1, 2022'', and
    (2) by striking ``December 31, 2020'' in subclause (II) and
    inserting ``December 31, 2021''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to property placed in service after December
    31, 2020.

    [[Page 3054]]

    SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
    RESERVATIONS.

    (a) In General.--Section 168(j)(9) <>  is amended
    by striking ``December 31, 2020'' and inserting ``December 31, 2021''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2020.
    SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

    (a) In General.--Section 119(d) of division A of the Tax Relief and
    Health Care Act of 2006 <>  is amended--
    (1) by striking ``January 1, 2021'' each place it appears
    and inserting ``January 1, 2022'',
    (2) by striking ``first 15 taxable years'' in paragraph (1)
    and inserting ``first 16 taxable years'', and
    (3) by striking ``first 9 taxable years'' in paragraph (2)
    and inserting ``first 10 taxable years''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.

    (a) In General.--Section 40(b)(6)(J)(i) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to qualified second generation biofuel
    production after December 31, 2020.
    SEC. 141. NONBUSINESS ENERGY PROPERTY.

    (a) In General.--Section 25C(g)(2) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2020.
    SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.

    (a) In General.--Section 30B(k)(1) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property purchased after December 31,
    2020.
    SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to property placed in service after December
    31, 2020.
    SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.

    (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to vehicles acquired after December 31,
    2020.
    SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.

    (a) In General.--Section 45(e)(10)(A) is amended by striking ``15-
    year period'' each place it appears and inserting ``16-year period''.
    (b) <>  Effective Date.--The amendments made
    by this section shall apply to coal produced after December 31, 2020.

    [[Page 3055]]

    SEC. 146. ENERGY EFFICIENT HOMES CREDIT.

    (a) In General.--Section 45L(g) <>  is amended by
    striking ``December 31, 2020'' and inserting ``December 31, 2021''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to homes acquired after December 31, 2020.
    SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
    FUELS.

    (a) In General.--Sections 6426(d)(5) and 6426(e)(3) are each amended
    by striking ``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Outlay Payments for Alternative Fuels.--Section 6427(e)(6)(C) is
    amended by striking ``December 31, 2020'' and inserting ``December 31,
    2021''.
    (c) <>  Effective Date.--The amendments
    made by this subsection shall apply to fuel sold or used after December
    31, 2020.
    SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY
    CREDIT AND INCLUSION OF BIOMASS FUEL
    PROPERTY EXPENDITURES.

    (a) Extension.--
    (1) In general.--Section 25D(h) is amended by striking
    ``December 31, 2021'' and inserting ``December 31, 2023''.
    (2) Phasedown.--Section 25D(g) is amended--
    (A) by striking ``January 1, 2021'' in paragraph (2)
    and inserting ``January 1, 2023'', and
    (B) by striking ``after December 31, 2020, and
    before January 1, 2022'' in paragraph (3) and inserting
    ``after December 31, 2022, and before January 1, 2024''.

    (b) Qualified Biomass Fuel Property Expenditures.--
    (1) In general.--Section 25D(a) is amended by striking
    ``and'' at the end of paragraph (4), by inserting ``and'' at the
    end of paragraph (5), and by inserting after paragraph (5) the
    following new paragraph:
    ``(6) the qualified biomass fuel property expenditures,
    and''.
    (2) Qualified biomass fuel property expenditures defined.--
    Section <> 25D(d) is amended by adding at
    the end the following new paragraph:
    ``(6) Qualified biomass fuel property expenditure.--
    ``(A) In general.--The term `qualified biomass fuel
    property expenditure' means an expenditure for
    property--
    ``(i) which uses the burning of biomass fuel
    to heat a dwelling unit located in the United
    States and used as a residence by the taxpayer, or
    to heat water for use in such a dwelling unit, and
    ``(ii) which has a thermal efficiency rating
    of at least 75 percent (measured by the higher
    heating value of the fuel).
    ``(B) Biomass fuel.--For purposes of this section,
    the term `biomass fuel' means any plant-derived fuel
    available on a renewable or recurring basis.''.
    (3) Denial of double benefit for biomass stoves.--
    (A) In general.--Section 25C(d)(3) is amended by
    adding ``and'' at the end of subparagraph (C), by
    striking ``, and'' at the end of subparagraph (D) and
    inserting a period, and by striking subparagraph (E).

    [[Page 3056]]

    (B) <>  Conforming amendment.--
    Section 25C(d) is amended by striking paragraph (6).

    (c) Effective Date.--
    (1) <>  Extension.--The amendments
    made by subsection (a) shall apply to property placed in service
    after December 31, 2020.
    (2) <>  Qualified biomass fuel
    property expenditures.--The amendments made by subsection (b)
    shall apply to expenditures paid or incurred in taxable years
    beginning after December 31, 2020.
    SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.

    (a) In General.--Section 4121(e)(2)(A) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) <>  Effective Date.--The amendment made
    by this section shall apply to sales after December 31, 2020.

    TITLE II--OTHER PROVISIONS

    SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.

    (a) In General.--Subsection (b) of section 42 is amended--
    (1) by redesignating paragraph (3) as paragraph (4), and
    (2) by inserting after paragraph (2) the following new
    paragraph:
    ``(3) Minimum credit rate.--In the case of any new or
    existing building to which paragraph (2) does not apply and
    which is placed in service by the taxpayer after December 31,
    2020, the applicable percentage shall not be less than 4
    percent.''.

    (b) <>  Effective Date.--The
    amendments made by this section shall apply to--
    (1) any building which receives an allocation of housing
    credit dollar amount after December 31, 2020, and
    (2) in the case of any building any portion of which is
    financed with an obligation described in section 42(h)(4)(A),
    any such building if any such obligation which so finances such
    building is issued after December 31, 2020.
    SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER
    30-YEAR PERIOD.

    Section 13204(b) of Public Law 115-97 <>  is
    amended--
    (1) in paragraph (1), by striking ``paragraph (2)'' and
    inserting ``paragraphs (2) and (3)'', and
    (2) by adding at the end the following:
    ``(3) Certain residential rental property.--In the case of
    any residential rental property--
    ``(A) which was placed in service before January 1,
    2018,
    ``(B) which is held by an electing real property
    trade or business (as defined in section 163(j)(7)(B) of
    the Internal Revenue Code of 1986), and
    ``(C) for which subparagraph (A), (B), (C), (D), or
    (E) of section 168(g)(1) of the Internal Revenue Code of
    1986 did not apply prior to such date,
    the amendments made by subsection (a)(3)(C) shall apply to
    taxable years beginning after December 31, 2017.''.

    [[Page 3057]]

    SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY
    CREDIT.

    (a) <>  In General.--Section 48(a)(3)(A) is
    amended by striking ``or'' at the end of clause (vi), by inserting
    ``or'' at the end of clause (vii), and by adding at the end the
    following new clause:
    ``(viii) waste energy recovery property,''.

    (b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) is
    amended by striking ``and'' at the end of subclause (III) and by adding
    at the end the following new subclause:
    ``(V) waste energy recovery
    property, and''.

    (c) Application of Phaseout.--Section 48(a)(7) is amended--
    (1) by inserting ``waste energy recovery property,'' after
    ``qualified small wind property,'', and
    (2) by striking ``fiber-optic solar, qualified fuel cell,
    and qualified small wind'' in the heading thereof and inserting
    ``certain other''.

    (d) Definition.--Section 48(c) is amended by adding at the end the
    following new paragraphs:
    ``(5) Waste energy recovery property.--
    ``(A) In general.--The term `waste energy recovery
    property' means property that generates electricity
    solely from heat from buildings or equipment if the
    primary purpose of such building or equipment is not the
    generation of electricity.
    ``(B) Capacity limitation.--The term `waste energy
    recovery property' shall not include any property which
    has a capacity in excess of 50 megawatts.
    ``(C) No double benefit.--Any waste energy recovery
    property (determined without regard to this
    subparagraph) which is part of a system which is a
    combined heat and power system property shall not be
    treated as waste energy recovery property for purposes
    of this section unless the taxpayer elects to not treat
    such system as a combined heat and power system property
    for purposes of this section.
    ``(D) Termination.--The term `waste energy recovery
    property' shall not include any property the
    construction of which does not begin before January 1,
    2024.''.

    (e) <>  Effective Date.--The
    amendments made by this section shall apply to periods after December
    31, 2020, under rules similar to the rules of section 48(m) as in effect
    on the day before the date of the enactment of the Revenue
    Reconciliation Act of 1990.
    SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.

    (a) In General.--Section 48(a)(5) is amended by adding at the end
    the following new subparagraph:
    ``(F) Qualified offshore wind facilities.--
    ``(i) In general.--In the case of any
    qualified offshore wind facility--
    ``(I) subparagraph (C)(ii) shall be
    applied by substituting `January 1,
    2026' for `January 1, 2022',
    ``(II) subparagraph (E) shall not
    apply, and
    ``(III) for purposes of this
    paragraph, section 45(d)(1) shall be
    applied by substituting `January 1,
    2026'' for `January 1, 2022'.

    [[Page 3058]]

    ``(ii) Qualified offshore wind facility.--For
    purposes of this subparagraph, the term `qualified
    offshore wind facility' means a qualified facility
    (within the meaning of section 45) described in
    paragraph (1) of section 45(d) (determined without
    regard to any date by which the construction of
    the facility is required to begin) which is
    located in the inland navigable waters of the
    United States or in the coastal waters of the
    United States.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to periods after December 31, 2016, under
    rules similar to the rules of section 48(m) of the Internal Revenue Code
    of 1986 (as in effect on the day before the date of the enactment of the
    Revenue Reconciliation Act of 1990).
    SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS
    RELATED TO LIFE INSURANCE CONTRACTS.

    (a) Modification of Minimum Rate for Purposes of Cash Value
    Accumulation Test.--
    (1) In general.--Section 7702(b)(2)(A) <>  is amended by striking ``an annual effective rate of 4
    percent'' and inserting ``the applicable accumulation test
    minimum rate''.
    (2) Applicable accumulation test minimum rate.--Section
    7702(b) is amended by adding at the end the following new
    paragraph:
    ``(3) <>  Applicable accumulation test
    minimum rate.--For purposes of paragraph (2)(A), the term
    `applicable accumulation test minimum rate' means the lesser
    of--
    ``(A) an annual effective rate of 4 percent, or
    ``(B) the insurance interest rate (as defined in
    subsection (f)(11)) in effect at the time the contract
    is issued.''.

    (b) Modification of Minimum Rate for Purposes of Guideline Premium
    Requirements.--
    (1) In general.--Section 7702(c)(3)(B)(iii) is amended by
    striking ``an annual effective rate of 6 percent'' and inserting
    ``the applicable guideline premium minimum rate''.
    (2) Applicable guideline premium minimum rate.--Section
    7702(c)(3) is amended by adding at the end the following new
    subparagraph:
    ``(E) Applicable guideline premium minimum rate.--
    For purposes <> of subparagraph
    (B)(iii), the term `applicable guideline premium minimum
    rate' means the applicable accumulation test minimum
    rate (as defined in subsection (b)(3)) plus 2 percentage
    points.''.

    (c) Application of Modified Minimum Rates to Determination of
    Guideline Level Premium.--Section 7702(c)(4) is amended--
    (1) by striking ``4 percent'' and inserting ``the applicable
    accumulation test minimum rate'', and
    (2) by striking ``6 percent'' and inserting ``the applicable
    guideline premium minimum rate''.

    (d) <>  Insurance Interest Rate.--Section
    7702(f) is amended by adding at the end the following new paragraph:
    ``(11) Insurance interest rate.--For purposes of this
    section--

    [[Page 3059]]

    ``(A) In general.--The term `insurance interest
    rate' means, with respect to any contract issued in any
    calendar year, the lesser of--
    ``(i) the section 7702 valuation interest rate
    for such calendar year (or, if such calendar year
    is not an adjustment year, the most recent
    adjustment year), or
    ``(ii) the section 7702 applicable Federal
    interest rate for such calendar year (or, if such
    calendar year is not an adjustment year, the most
    recent adjustment year).
    ``(B) Section 7702 valuation interest rate.--The
    term `section 7702 valuation interest rate' means, with
    respect to any adjustment year, the prescribed U.S.
    valuation interest rate for life insurance with
    guaranteed durations of more than 20 years (as defined
    in the National Association of Insurance Commissioners'
    Standard Valuation Law) as effective in the calendar
    year immediately preceding such adjustment year.
    ``(C) Section 7702 applicable federal interest
    rate.--The <>  term `section 7702
    applicable Federal interest rate' means, with respect to
    any adjustment year, the average (rounded to the nearest
    whole percentage point) of the applicable Federal mid-
    term rates (as defined in section 1274(d) but based on
    annual compounding) effective as of the beginning of
    each of the calendar months in the most recent 60-month
    period ending before the second calendar year prior to
    such adjustment year.
    ``(D) Adjustment year.--The term `adjustment year'
    means the calendar year following any calendar year that
    includes the effective date of a change in the
    prescribed U.S. valuation interest rate for life
    insurance with guaranteed durations of more than 20
    years (as defined in the National Association of
    Insurance Commissioners' Standard Valuation Law).
    ``(E) <>  Transition rule.--
    Notwithstanding subparagraph (A), the insurance interest
    rate shall be 2 percent in the case of any contract
    which is issued during the period that--
    ``(i) begins on January 1, 2021, and
    ``(ii) <>  ends
    immediately before the beginning of the first
    adjustment year that beings after December 31,
    2021.''.

    (e) <>  Effective Date.--The amendments
    made by this section shall apply to contracts issued after December 31,
    2020.
    SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES ACT
    EMPLOYEE RETENTION CREDIT.

    (a) Gross Receipts of Tax-exempt Organizations.--Section
    2301(c)(2)(C) of the CARES Act <>  is amended--
    (1) by striking ``of such Code, clauses (i) and (ii)(I)''
    and inserting ``of such Code--
    ``(i) clauses (i) and (ii)(I)'',
    (2) by striking the period at the end and inserting ``,
    and'', and
    (3) by adding at the end the following new clause:

    [[Page 3060]]

    ``(ii) any reference in this section to gross
    receipts shall be treated as a reference to gross
    receipts within the meaning of section 6033 of
    such Code.''.

    (b) Modification of Treatment of Health Plan Expenses.--Section
    2301(c) of the CARES Act is amended--
    (1) by striking subparagraph (C) of paragraph (3), and
    (2) in paragraph (5)--
    (A) by striking ``The term'' and inserting the
    following:
    ``(A) In general.--The term'', and
    (B) by adding at the end the following new
    subparagraph:
    ``(B) Allowance for certain health plan expenses.--
    ``(i) In general.--Such term shall include
    amounts paid by the eligible employer to provide
    and maintain a group health plan (as defined in
    section 5000(b)(1) of the Internal Revenue Code of
    1986), but only to the extent that such amounts
    are excluded from the gross income of employees by
    reason of section 106(a) of such Code.
    ``(ii) Allocation rules.--For purposes of this
    section, amounts treated as wages under clause (i)
    shall be treated as paid with respect to any
    employee (and with respect to any period) to the
    extent that such amounts are properly allocable to
    such employee (and to such period) in such manner
    as the Secretary may prescribe. Except as
    otherwise provided by the Secretary, such
    allocation shall be treated as properly made if
    made on the basis of being pro rata among periods
    of coverage.''.

    (c) Improved Coordination Between Paycheck Protection Program and
    Employee Retention Tax Credit.--
    (1) Amendment to paycheck protection program.--Section
    7A(a)(12) of the Small Business Act, as redesignated,
    transferred, and amended by the Economic Aid to Hard-Hit Small
    Businesses, Nonprofits, and Venues Act, <>
    is amended by adding at the end the following: ``Such payroll
    costs shall not include qualified wages taken into account in
    determining the credit allowed under section 2301 of the CARES
    Act or qualified wages taken into account in determining the
    credit allowed under subsection (a) or (d) of section 303 of the
    Taxpayer Certainty and Disaster Relief Act of 2020.''.
    (2) Amendments to employee retention tax credit.--
    (A) In general.--Section 2301(g) of the CARES Act
    is <>  amended to read as follows:

    ``(g) Election to Not Take Certain Wages Into Account.--
    ``(1) In general.--This section shall not apply to so much
    of the qualified wages paid by an eligible employer as such
    employer elects (at such time and in such manner as the
    Secretary may prescribe) to not take into account for purposes
    of this section.
    ``(2) Coordination with paycheck protection program.--
    The <>  Secretary, in consultation with the
    Administrator of the Small Business Administration, shall issue
    guidance providing that payroll costs paid during the covered
    period shall not fail to be treated as qualified wages under
    this section by reason of an election under paragraph (1) to the
    extent

    [[Page 3061]]

    that a covered loan of the eligible employer is not forgiven by
    reason of a decision under section 7A(g) of the Small Business
    Act. Terms used in the preceding sentence which are also used in
    section 7A of the Small Business Act shall have the same meaning
    as when used in such section.''.
    (B) Conforming amendments.--
    (i) Section 2301 of the CARES
    Act <>  is amended by
    striking subsection (j).
    (ii) Section 2301(l) of the CARES
    Act <>  is amended by
    striking paragraph (3) and by redesignating
    paragraphs (4) and (5) as paragraphs (3) and (4),
    respectively.

    (d) Regulations and Guidance.--Section 2301(l) of the CARES Act, as
    amended by subsection (c)(2)(B)(ii), is amended by striking ``and'' at
    the end of paragraph (3), by striking the period at the end of paragraph
    (4) and inserting ``, and'', and by adding at the end the following new
    paragraph:
    ``(5) to prevent the avoidance of the purposes of the
    limitations under this section, including through the leaseback
    of employees.''.

    (e) <>  Effective Date.--
    (1) In general.--The amendments made by this section shall
    take effect as if included in the provisions of the CARES Act to
    which they relate.
    (2) Special rule.--
    (A) In general.--For purposes of section 2301 of the
    CARES Act, an employer who has filed a return of tax
    with respect to applicable employment taxes (as defined
    in section 2301(c)(1) of division A of such Act) before
    the date of the enactment of this Act may elect (in such
    manner as the Secretary of the Treasury (or the
    Secretary's delegate) shall prescribe) to treat any
    applicable amount as an amount paid in the calendar
    quarter which includes the date of the enactment of this
    Act.
    (B) <>  Applicable amount.--For
    purposes of subparagraph (A), the term ``applicable
    amount'' means the amount of wages which--
    (i) are--
    (I) described in section
    2301(c)(5)(B) of the CARES Act, as added
    by the amendments made by subsection
    (b), or
    (II) permitted to be treated as
    qualified wages under guidance issued
    pursuant to section 2301(g)(2) of the
    CARES Act (as added by subsection (c)),
    and
    (ii) were--
    (I) <>  paid in
    a calendar quarter beginning after
    December 31, 2019, and before October 1,
    2020, and
    (II) not taken into account by the
    taxpayer in calculating the credit
    allowed under section 2301(a) of
    division A of such Act for such calendar
    quarter.
    SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION AND
    REHIRING TAX CREDIT.

    (a) Extension.--

    [[Page 3062]]

    (1) In general.--Section 2301(m) of the CARES
    Act <>  is amended by striking ``January 1,
    2021'' and inserting ``July 1, 2021''.
    (2) Conforming amendment.--Section 2301(c)(2)(A)(i) of the
    CARES Act <>  is amended by striking
    ``during calendar year 2020'' and inserting ``during the
    calendar quarter for which the credit is determined under
    subsection (a)''.

    (b) Increase in Credit Percentage.--Section 2301(a) <>  of the CARES Act is amended by striking ``50 percent'' and
    inserting ``70 percent''.

    (c) Increase in Per Employee Limitation.--Section 2301(b)(1) of the
    CARES Act <>  is amended by striking ``for all
    calendar quarters shall not exceed $10,000'' and inserting ``for any
    calendar quarter shall not exceed $10,000''.

    (d) Modifications to Definition of Eligible Employer.--
    (1) Decrease in reduction in gross receipts necessary to
    qualify as eligible employer.--
    (A) In general.--Section 2301(c)(2)(A)(ii)(II) of
    the CARES Act is amended to read as follows:
    ``(II) the gross receipts (within
    the meaning of section 448(c) of the
    Internal Revenue Code of 1986) of such
    employer for such calendar quarter are
    less than 80 percent of the gross
    receipts of such employer for the same
    calendar quarter in calendar year
    2019.''.
    (B) Application to employers not in existence in
    2019.--Section 2301(c)(2)(A) of the CARES Act, as
    amended by subparagraph (A), is amended by adding at the
    end the following new flush sentence:

    ``With <>  respect to any employer for any
    calendar quarter, if such employer was not in existence as of the
    beginning of the same calendar quarter in calendar year 2019, clause
    (ii)(II) shall be applied by substituting `2020' for `2019'.''.
    (2) Election to determine gross receipts test based on prior
    quarter.--
    (A) In general.--Subparagraph (B) of section
    2301(c)(2) of the CARES Act is amended to read as
    follows:
    ``(B) <>  Election to use
    alternative quarter.--At the election of the employer--
    ``(i) subparagraph (A)(ii)(II) shall be
    applied--
    ``(I) by substituting `for the
    immediately preceding calendar quarter'
    for `for such calendar quarter', and
    ``(II) by substituting `the
    corresponding calendar quarter in
    calendar year 2019' for `the same
    calendar quarter in calendar year 2019',
    and
    ``(ii) the last sentence of subparagraph (A)
    shall be applied by substituting `the
    corresponding calendar quarter in calendar year
    2019' for `the same calendar quarter in calendar
    year 2019'.
    An election under this subparagraph shall be made at
    such time and in such manner as the Secretary shall
    prescribe.''.
    (B) Conforming amendment.--Section 2301(l) of the
    CARES Act, as amended by section 206, is amended by
    inserting ``and'' at the end of paragraph (3), by
    striking

    [[Page 3063]]

    paragraph (4), and by redesignating paragraph (5) as
    paragraph (4).
    (3) Application to certain governmental employers.--
    (A) In general.--Section 2301(f) of the
    CARES <>  Act is amended--
    (i) by striking ``This'' and inserting the
    following:
    ``(1) In general.--This'', and
    (ii) by adding at the end the following new
    paragraph:
    ``(2) Exception.--Paragraph (1) shall not apply to--
    ``(A) any organization described in section
    501(c)(1) of the Internal Revenue Code of 1986 and
    exempt from tax under section 501(a) of such Code, or
    ``(B) any entity described in paragraph (1) if --
    ``(i) such entity is a college or university,
    or
    ``(ii) the principal purpose or function of
    such entity is providing medical or hospital care.
    In the case of any entity described in subparagraph (B),
    such entity shall be treated as satisfying the
    requirements of subsection (c)(2)(A)(i).''.
    (B) Conforming amendment.--Section 2301(c)(5)(A) of
    the CARES Act, as amended by section 206(b)(2), is
    amended by adding at the end the following new sentence:
    ``For <>  purposes of the
    preceding sentence, in the case of any organization or
    entity described in subsection (f)(2), wages as defined
    in section 3121(a) of the Internal Revenue Code of 1986
    shall be determined without regard to paragraphs (5),
    (6), (7), (10), and (13) of section 3121(b) of such Code
    (except with respect to services performed in a penal
    institution by an inmate thereof).''.

    (e) Modification of Determination of Qualified Wages.--
    (1) Modification of threshold for treatment as a large
    employer.--Section 2301(c)(3)(A) of the CARES Act <>  is amended by striking ``100'' each place it appears
    in clauses (i) and (ii) and inserting ``500''.
    (2) Elimination of limitation.--Section 2301(c)(3) of the
    CARES Act is amended--
    (A) by striking subparagraph (B), and
    (B) by striking ``Such term'' in the second sentence
    of subparagraph (A) and inserting the following:
    ``(B) Exception.--The term `qualified wages' ''.

    (f) Denial of Double Benefit.--Section 2301(h) of the CARES
    Act <>  is amended--
    (1) by striking paragraphs (1) and (2) and inserting the
    following:
    ``(1) Denial of double benefit.--Any wages taken into
    account in determining the credit allowed under this section
    shall not be taken into account as wages for purposes of
    sections 41, 45A, 45P, 45S, 51, and 1396 of the Internal Revenue
    Code of 1986.''.
    (2) by redesignating paragraph (3) as paragraph (2).

    (g) Advance Payments.--
    (1) In general.--Section 2301 of the CARES Act, as amended
    by section 206(c)(2)(B)(i), is amended by inserting after
    subsection (i) the following new subsection:

    ``(j) Advance Payments.--

    [[Page 3064]]

    ``(1) In general.--Except as provided in paragraph (2), no
    advance payment of the credit under subsection (a) shall be
    allowed.
    ``(2) Advance payments to small employers.--
    ``(A) <>  In general.--Under
    rules provided by the Secretary, an eligible employer
    for which the average number of full-time employees
    (within the meaning of section 4980H of the Internal
    Revenue Code of 1986) employed by such eligible employer
    during 2019 was not greater than 500 may elect for any
    calendar quarter to receive an advance payment of the
    credit under subsection (a) for such quarter in an
    amount not to exceed 70 percent of the average quarterly
    wages paid by the employer in calendar year 2019.
    ``(B) Special rule for seasonal employers.--In the
    case of any employer who employs seasonal workers (as
    defined in section 45R(d)(5)(B) of the Internal Revenue
    Code of 1986), the employer may elect to substitute `the
    wages for the calendar quarter in 2019 which corresponds
    to the calendar quarter to which the election relates'
    for `the average quarterly wages paid by the employer in
    calendar year 2019'.
    ``(C) Special rule for employers not in existence in
    2019.--In the case of any employer that was not in
    existence in 2019, subparagraphs (A) and (B) shall each
    be applied by substituting `2020' for `2019' each place
    it appears.
    ``(3) Reconciliation of credit with advance payments.--
    ``(A) In general.--The amount of credit which would
    (but for this subsection) be allowed under this section
    shall be reduced (but not below zero) by the aggregate
    payment allowed to the taxpayer under paragraph (2). Any
    failure to so reduce the credit shall be treated as
    arising out of a mathematical or clerical error and
    assessed according to section 6213(b)(1) of the Internal
    Revenue Code of 1986.
    ``(B) Excess advance payments.--If the advance
    payments to a taxpayer under paragraph (2) for a
    calendar quarter exceed the credit allowed by this
    section (determined without regard to subparagraph (A)),
    the tax imposed by chapter 21 or 22 of the Internal
    Revenue Code of 1986 (whichever is applicable) for the
    calendar quarter shall be increased by the amount of
    such excess.''.
    (2) Conforming amendments.--Section 2301(l) of the CARES
    Act, as amended by section 206 and subsection (d)(2)(B), is
    amended--
    (A) by inserting ``as provided in subsection
    (j)(2)'' after ``subsection (a)'' in paragraph (1),
    (B) by striking paragraph (2), and
    (C) by redesignating paragraphs (3) and (4) as
    paragraphs (2) and (3), respectively.

    (h) Third-party Payors.--Section 2301(l) of the CARES Act, as
    amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended
    by adding at the end the following flush sentence:
    ``Any <>  forms, instructions, regulations, or
    guidance described in paragraph (2) shall require the customer to be
    responsible for the accounting of the credit and for any liability for
    improperly claimed credits and shall require the certified professional
    employer

    [[Page 3065]]

    organization or other third party payor to accurately report such tax
    credits based on the information provided by the customer.''.

    (i) Public Awareness Campaign.--Section 2301 <>  of the CARES Act is amended by adding at the end the following
    new subsection:

    ``(n) Public Awareness Campaign.--
    ``(1) <>  In general.--The Secretary
    shall conduct a public awareness campaign, in coordination with
    the Administrator of the Small Business Administration, to
    provide information regarding the availability of the credit
    allowed under this section.
    ``(2) Outreach.--Under the campaign conducted under
    paragraph (1), the Secretary shall--
    ``(A) provide to all employers which reported not
    more than 500 employees on the most recently filed
    return of applicable employment taxes a notice about the
    credit allowed under this section and the requirements
    for eligibility to claim the credit, and
    ``(B) <>  not later than 30 days
    after the date of the enactment of this subsection,
    provide to all employers educational materials relating
    to the credit allowed under this section, including
    specific materials for businesses with not more than 500
    employees.''.

    (j) Coordination With Certain Payroll Protection Program Loans.--
    Section 2301(g)(2) of the CARES Act, as added by section 206(c)(2)(A),
    is amended by striking ``section 7A(g) of the Small Business Act'' and
    all that follows and inserting ``section 7A(g) of the Small Business Act
    or the application of section 7(a)(37)(J) of the Small Business Act.
    Terms used in the preceding sentence which are also used in section
    7A(g) or 7(a)(37)(J) of the Small Business Act shall, when applied in
    connection with either such section, have the same meaning as when used
    in such section, respectively.''.
    (k) <>  Effective Date.--The amendments
    made by this section shall apply to calendar quarters beginning after
    December 31, 2020.
    SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING RETIREMENT.

    (a) In General.--Paragraph (36) of section 401(a) <>  is amended to read as follows:
    ``(36) Distributions during working retirement.--
    ``(A) In general.--A trust forming part of a pension
    plan shall not be treated as failing to constitute a
    qualified trust under this section solely because the
    plan provides that a distribution may be made from such
    trust to an employee who has attained age 59\1/2\ and
    who is not separated from employment at the time of such
    distribution.
    ``(B) Certain employees in the building and
    construction industry.--
    <> Subparagraph (A) shall be
    applied by substituting `age 55' for `age 59\1/2\' in
    the case of a multiemployer plan described in section
    4203(b)(1)(B)(i) of the Employee Retirement Income
    Security Act of 1974, with respect to individuals who
    were participants in such plan on or before April 30,
    2013, if--
    ``(i) the trust to which subparagraph (A)
    applies was in existence before January 1, 1970,
    and
    ``(ii) <>  before
    December 31, 2011, at a time when the plan
    provided that distributions may be made to

    [[Page 3066]]

    an employee who has attained age 55 and who is not
    separated from employment at the time of such
    distribution, the plan received at least 1 written
    determination from the Internal Revenue Service
    that the trust to which subparagraph (A) applies
    constituted a qualified trust under this
    section.''.

    (b) <>  Effective Date.--The amendment made
    by this section shall apply to distributions made before, on, or after
    the date of the enactment of this Act.
    SEC. 209. <>  TEMPORARY RULE
    PREVENTING PARTIAL PLAN TERMINATION.

    A plan shall not be treated as having a partial termination (within
    the meaning of 411(d)(3) of the Internal Revenue Code of 1986) during
    any plan year which includes the period beginning on March 13, 2020, and
    ending on March 31, 2021, if the number of active participants covered
    by the plan on March 31, 2021 is at least 80 percent of the number of
    active participants covered by the plan on March 13, 2020.
    SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS
    MEALS.

    (a) In General.--Section 274(n)(2) of the Internal Revenue Code of
    1986 <>  is amended by striking ``or'' at the end of
    subparagraph (B), by striking the period at the end of subparagraph
    (C)(iv) and inserting ``, or'', and by inserting after subparagraph (C)
    the following new subparagraph:
    ``(D) such expense is--
    ``(i) for food or beverages provided by a
    restaurant, and
    ``(ii) paid or incurred before January 1,
    2023.''.

    (b) <>  Effective Date.--The amendments made
    by this section shall apply to amounts paid or incurred after December
    31, 2020.
    SEC. 211. <>  TEMPORARY SPECIAL RULE FOR
    DETERMINATION OF EARNED INCOME.

    (a) In General.--If the earned income of the taxpayer for the
    taxpayer's first taxable year beginning in 2020 is less than the earned
    income of the taxpayer for the preceding taxable year, the credits
    allowed under sections 24(d) and 32 of the Internal Revenue Code of 1986
    may, at the election of the taxpayer, be determined by substituting--
    (1) such earned income for the preceding taxable year, for
    (2) such earned income for the taxpayer's first taxable year
    beginning in 2020.

    (b) Earned Income.--
    (1) In general.--For purposes of this section, the term
    ``earned income'' has the meaning given such term under section
    32(c) of the Internal Revenue Code of 1986.
    (2) Application to joint returns.--For purposes of
    subsection (a), in the case of a joint return, the earned income
    of the taxpayer for the preceding taxable year shall be the sum
    of the earned income of each spouse for such preceding taxable
    year.

    (c) Special Rules.--
    (1) Errors treated as mathematical error.--For purposes of
    section 6213 of the Internal Revenue Code of 1986,

    [[Page 3067]]

    an incorrect use on a return of earned income pursuant to
    subsection (a) shall be treated as a mathematical or clerical
    error.
    (2) No effect on determination of gross income, etc.--Except
    as otherwise <> provided in this section,
    the Internal Revenue Code of 1986 shall be applied without
    regard to any substitution under subsection (a).
    SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-
    ITEMIZERS.

    (a) In General.--Section 170 <>  is amended by
    redesignating subsection (p) as subsection (q) and by inserting after
    subsection (o) the following new subsection:

    ``(p) Special Rule for Taxpayers Who Do Not Elect to Itemize
    Deductions.--In the case of any taxable year beginning in 2021, if the
    individual does not elect to itemize deductions for such taxable year,
    the deduction under this section shall be equal to the deduction, not in
    excess of $300 ( $600 in the case of a joint return), which would be
    determined under this section if the only charitable contributions taken
    into account in determining such deduction were contributions made in
    cash during such taxable year (determined without regard to subsections
    (b)(1)(G)(ii) and (d)(1)) to an organization described in section
    170(b)(1)(A) and not--
    ``(1) to an organization described in section 509(a)(3), or
    ``(2) for the establishment of a new, or maintenance of an
    existing, donor advised fund (as defined in section
    4966(d)(2)).''.

    (b) Penalty for Underpayments Attributable to Overstated
    Deduction.--
    (1) In general.--Section 6662(b) is amended by inserting
    after paragraph (8) the following:
    ``(9) Any overstatement of the deduction provided in section
    170(p).''.
    (2) Increased penalty.--Section 6662 is amended by adding at
    the end the following new subsection:

    ``(l) Increase in Penalty in Case of Overstatement of Qualified
    Charitable Contributions.--In <>  the case of any
    portion of an underpayment which is attributable to one or more
    overstatements of the deduction provided in section 170(p), subsection
    (a) shall be applied with respect to such portion by substituting `50
    percent' for `20 percent'.''.
    (3) Exception to approval of assessment.--Section
    6751(b)(2)(A) is amended by striking ``or 6655'' and inserting
    ``6655, or 6662 (but only with respect to an addition to tax by
    reason of subsection (b)(9) thereof)''.

    (b) Conforming Amendments.--
    (1) Section 63(b) is amended by striking ``and'' at the end
    of paragraph (2), by striking the period at the end of paragraph
    (3) and inserting ``, and'', and by adding at the end the
    following new paragraph:
    ``(4) the deduction provided in section 170(p).''.
    (2) Section 63(d) is amended by adding ``and'' at the end of
    paragraph (1), by striking paragraphs (2) and (3), and by
    inserting after paragraph (1) the following new paragraph:
    ``(2) any deduction referred to in any paragraph of
    subsection (b).''.

    [[Page 3068]]

    (c) Repeal of Superseded Provisions.--
    (1) In general.--Section 62(a) <>  is
    amended by striking paragraph (22).
    (2) Conforming amendment.--Section 62 is amended by striking
    subsection (f).

    (d) <>  Effective Date.--The amendments made
    by this section shall apply to taxable years beginning after December
    31, 2020.
    SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.

    (a) In General.--Subsections (a)(3)(A)(i) and (b) of section 2205 of
    the CARES Act <>  are each amended by inserting
    ``or 2021'' after ``2020''.

    (b) Conforming Amendment.--The heading of section 2205 of the CARES
    Act <>  is amended by striking
    ``modification of limitations on charitable contributions during
    2020'' and inserting
    ``temporary modification of limitations on charitable contributions
    ''.

    (c) <>  Effective Date.--The amendments made
    by this section shall apply to contributions made after December 31,
    2020.
    SEC. 214. <>  TEMPORARY SPECIAL RULES FOR
    HEALTH AND DEPENDENT CARE FLEXIBLE
    SPENDING ARRANGEMENTS.

    (a) Carryover From 2020 Plan Year.--For plan years ending in 2020, a
    plan that includes a health flexible spending arrangement or dependent
    care flexible spending arrangement shall not fail to be treated as a
    cafeteria plan under the Internal Revenue Code of 1986 merely because
    such plan or arrangement permits participants to carry over (under rules
    similar to the rules applicable to health flexible spending
    arrangements) any unused benefits or contributions remaining in any such
    flexible spending arrangement from such plan year to the plan year
    ending in 2021.
    (b) Carryover From 2021 Plan Year.--For plan years ending in 2021, a
    plan that includes a health flexible spending arrangement or dependent
    care flexible spending arrangement shall not fail to be treated as a
    cafeteria plan under the Internal Revenue Code of 1986 merely because
    such plan or arrangement permits participants to carry over (under rules
    similar to the rules applicable to health flexible spending
    arrangements) any unused benefits or contributions remaining in any such
    flexible spending arrangement from such plan year to the plan year
    ending in 2022.
    (c) Extension of Grace Periods, etc.--
    (1) In general.--A plan that includes a health flexible
    spending arrangement or dependent care flexible spending
    arrangement shall not fail to be treated as a cafeteria plan
    under the Internal Revenue Code of 1986 merely because such plan
    or arrangement extends the grace period for a plan year ending
    in 2020 or 2021 to 12 months after the end of such plan year,
    with respect to unused benefits or contributions remaining in a
    health flexible spending arrangement or a dependent care
    flexible spending arrangement.
    (2) Post-termination reimbursements from health FSAs.--A
    plan that includes a health flexible spending arrangement shall
    not fail to be treated as a cafeteria plan under the Internal
    Revenue Code of 1986 merely because such plan or arrangement
    allows (under rules similar to the rules applicable to dependent
    care flexible spending arrangements) an employee who ceases
    participation in the plan during calendar year 2020 or 2021 to
    continue to receive reimbursements

    [[Page 3069]]

    from unused benefits or contributions through the end of the
    plan year in which such participation ceased (including any
    grace period, taking into account any modification of a grace
    period permitted under paragraph (1)).

    (d) Special Carry Forward Rule for Dependent Care Flexible Spending
    Arrangements Where Dependent Aged Out During Pandemic.--
    (1) <>  In general.--In
    the case of any eligible employee, section 21(b)(1)(A) of the
    Internal Revenue Code of 1986 shall be applied by substituting
    ``age 14'' for ``age 13'' for purposes of determining the
    dependent care assistance which may be paid or reimbursed with
    respect to such employee under the dependent care flexible
    spending arrangement referred to in paragraph (3)(A) with
    respect to such employee during--
    (A) the plan year described in paragraph (3)(A), and
    (B) in the case of an employee described in
    paragraph (3)(B)(ii), the subsequent plan year.
    (2) Application to subsequent plan year limited to unused
    balance from preceding plan year.--Paragraph (1)(B) shall only
    apply to so much of the amounts paid for dependent care
    assistance with respect to the dependents referred to in
    paragraph (3)(B) as does not exceed the unused balance described
    in paragraph (3)(B)(ii).
    (3) Eligible employee.--For purposes of this section, the
    term ``eligible employee'' means any employee who--
    (A) is enrolled in a dependent care flexible
    spending arrangement for the last plan year with respect
    to which the end of the regular enrollment period for
    such plan year was on or before January 31, 2020, and
    (B) has one or more dependents (as defined in
    section 152(a)(1) of the Internal Revenue Code of 1986)
    who attain the age of 13--
    (i) during such plan year, or
    (ii) in the case of an employee who (after the
    application of this section) has an unused balance
    in the employee's account under such arrangement
    for such plan year (determined as of the close of
    the last day on which, under the terms of the
    plan, claims for reimbursement may be made with
    respect to such plan year), the subsequent plan
    year.

    (e) Change in Election Amount.--For plan years ending in 2021, a
    plan that includes a health flexible spending arrangement or dependent
    care flexible spending arrangement shall not fail to be treated as a
    cafeteria plan under the Internal Revenue Code of 1986 merely because
    such plan or arrangement allows an employee to make an election to
    modify prospectively the amount (but not in excess of any applicable
    dollar limitation) of such employee's contributions to any such flexible
    spending arrangement (without regard to any change in status).
    (f) Definitions.--Any term used in this section which is also used
    in section 106, 125, or 129 of the Internal Revenue Code of 1986, or the
    regulations or guidance thereunder, shall have the same meaning as when
    used in such section, regulations, or guidance.
    (g) <>  Plan Amendments.--A plan that includes
    a health flexible spending arrangement or dependent care flexible
    spending arrangement shall not fail to be treated as a cafeteria plan
    under the

    [[Page 3070]]

    Internal Revenue Code of 1986 merely because such plan or arrangement is
    amended pursuant to a provision under this section and such amendment is
    retroactive, if--
    (1) such amendment is adopted not later than the last day of
    the first calendar year beginning after the end of the plan year
    in which the amendment is effective, and
    (2) the plan or arrangement is operated consistent with the
    terms of such amendment during the period beginning on the
    effective date of the amendment and ending on the date the
    amendment is adopted.

    TITLE III--DISASTER TAX RELIEF

    SEC. 301. <>  DEFINITIONS.

    For purposes of this title--
    (1) Qualified disaster area.--
    (A) <>  In general.--The term
    ``qualified disaster area'' means any area with respect
    to which a major disaster was declared, during the
    period beginning on January 1, 2020, and ending on the
    date which is 60 days after the date of the enactment of
    this Act, by the President under section 401 of the
    Robert T. Stafford Disaster Relief and Emergency
    Assistance Act if the incident period of the disaster
    with respect to which such declaration is made begins on
    or after December 28, 2019, and on or before the date of
    the enactment of this Act.
    (B) COVID-19 exception.--Such term shall not include
    any area with respect to which such a major disaster has
    been so declared only by reason of COVID-19.
    (2) <>  Qualified disaster zone.--The
    term ``qualified disaster zone'' means that portion of any
    qualified disaster area which was determined by the President,
    during the period beginning on January 1, 2020, and ending on
    the date which is 60 days after the date of the enactment of
    this Act, to warrant individual or individual and public
    assistance from the Federal Government under the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act by reason
    of the qualified disaster with respect to such disaster area.
    (3) Qualified disaster.--The term ``qualified disaster''
    means, with respect to any qualified disaster area, the disaster
    by reason of which a major disaster was declared with respect to
    such area.
    (4) Incident period.--The term ``incident period'' means,
    with respect to any qualified disaster, the period specified by
    the Federal Emergency Management Agency as the period during
    which such disaster occurred (except that for purposes of this
    title such period shall not be treated as ending after the date
    which is 30 days after the date of the enactment of this Act).
    SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT
    FUNDS.

    (a) Tax-favored Withdrawals From Retirement Plans.--

    [[Page 3071]]

    (1) In general.--Section 72(t) of the Internal Revenue Code
    of 1986 shall not apply to any qualified disaster distribution.
    (2) Aggregate dollar limitation.--
    (A) In general.--For purposes of this subsection,
    the aggregate amount of distributions received by an
    individual which may be treated as qualified disaster
    distributions for any taxable year shall not exceed the
    excess (if any) of--
    (i) $100,000, over
    (ii) the aggregate amounts treated as
    qualified disaster distributions received by such
    individual for all prior taxable years.
    (B) Treatment of plan distributions.--If a
    distribution to an individual would (without regard to
    subparagraph (A)) be a qualified disaster distribution,
    a plan shall not be treated as violating any requirement
    of the Internal Revenue Code of 1986 merely because the
    plan treats such distribution as a qualified disaster
    distribution, unless the aggregate amount of such
    distributions from all plans maintained by the employer
    (and any member of any controlled group which includes
    the employer) to such individual exceeds $100,000.
    (C) <>  Controlled group.--For
    purposes of subparagraph (B), the term ``controlled
    group'' means any group treated as a single employer
    under subsection (b), (c), (m), or (o) of section 414 of
    the Internal Revenue Code of 1986.
    (D) Special rule for individuals affected by more
    than one disaster.--The
    limitation <> of subparagraph (A)
    shall be applied separately with respect to
    distributions made with respect to each qualified
    disaster.
    (3) Amount distributed may be repaid.--
    (A) <>  In
    general.--Any individual who receives a qualified
    disaster distribution may, at any time during the 3-year
    period beginning on the day after the date on which such
    distribution was received, make 1 or more contributions
    in an aggregate amount not to exceed the amount of such
    distribution to an eligible retirement plan of which
    such individual is a beneficiary and to which a rollover
    contribution of such distribution could be made under
    section 402(c), 403(a)(4), 403(b)(8), 408(d)(3), or
    457(e)(16), of the Internal Revenue Code of 1986, as the
    case may be.
    (B) Treatment of repayments of distributions from
    eligible retirement plans other
    than <>  iras.--For purposes of the
    Internal Revenue Code of 1986, if a contribution is made
    pursuant to subparagraph (A) with respect to a qualified
    disaster distribution from an eligible retirement plan
    other than an individual retirement plan, then the
    taxpayer shall, to the extent of the amount of the
    contribution, be treated as having received the
    qualified disaster distribution in an eligible rollover
    distribution (as defined in section 402(c)(4) of such
    Code) and as having transferred the amount to the
    eligible retirement plan in a direct trustee to trustee
    transfer within 60 days of the distribution.

    [[Page 3072]]

    (C) Treatment of repayments of distributions
    from <>  iras.--For purposes of the
    Internal Revenue Code of 1986, if a contribution is made
    pursuant to subparagraph (A) with respect to a qualified
    disaster distribution from an individual retirement plan
    (as defined by section 7701(a)(37) of such Code), then,
    to the extent of the amount of the contribution, the
    qualified disaster distribution shall be treated as a
    distribution described in section 408(d)(3) of such Code
    and as having been transferred to the eligible
    retirement plan in a direct trustee to trustee transfer
    within 60 days of the distribution.
    (4) Definitions.--For purposes of this subsection--
    (A) Qualified disaster distribution.--Except as
    provided in paragraph (2), the term ``qualified disaster
    distribution'' means any distribution from an eligible
    retirement plan made--
    (i) <>  on or after the
    first day of the incident period of a qualified
    disaster and before the date which is 180 days
    after the date of the enactment of this Act, and
    (ii) to an individual whose principal place of
    abode at any time during the incident period of
    such qualified disaster is located in the
    qualified disaster area with respect to such
    qualified disaster and who has sustained an
    economic loss by reason of such qualified
    disaster.
    (B) Eligible retirement plan.--The term ``eligible
    retirement plan'' shall have the meaning given such term
    by section 402(c)(8)(B) of the Internal Revenue Code of
    1986.
    (5) Income inclusion spread over 3-year period.--
    (A) In general.--In the case of any qualified
    disaster distribution, unless the taxpayer elects not to
    have this paragraph apply for any taxable year, any
    amount required to be included in gross income for such
    taxable year shall be so included ratably over the 3-
    taxable-year period beginning with such taxable year.
    (B) Special rule.--For purposes of subparagraph (A),
    rules similar to the rules of subparagraph (E) of
    section 408A(d)(3) of the Internal Revenue Code of 1986
    shall apply.
    (6) Special rules.--
    (A) Exemption of distributions from trustee to
    trustee transfer and withholding rules.--For purposes of
    sections 401(a)(31), 402(f), and 3405 of the Internal
    Revenue Code of 1986, qualified disaster distributions
    shall not be treated as eligible rollover distributions.
    (B) Qualified disaster distributions treated as
    meeting plan distribution requirements.--For purposes of
    the Internal Revenue Code of 1986, a qualified disaster
    distribution shall be treated as meeting the
    requirements of sections 401(k)(2)(B)(i),
    403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) of such
    Code and section 8433(h)(1) of title 5, United States
    Code, and, in the case of a money purchase pension plan,
    a qualified disaster distribution which is an in-service
    withdrawal shall be treated as meeting the distribution
    rules of section 401(a) of such Code.

    [[Page 3073]]

    (b) Recontributions of Withdrawals for Home Purchases.--
    (1) Recontributions.--
    (A) In general.--Any individual who received a
    qualified distribution may, during the applicable
    period, make 1 or more contributions in an aggregate
    amount not to exceed the amount of such qualified
    distribution to an eligible retirement plan (as defined
    in section 402(c)(8)(B) of the Internal Revenue Code of
    1986) of which such individual is a beneficiary and to
    which a rollover contribution of such distribution could
    be made under section 402(c), 403(a)(4), 403(b)(8), or
    408(d)(3), of such Code, as the case may be.
    (B) <>  Treatment of
    repayments.--Rules similar to the rules of subparagraphs
    (B) and (C) of subsection (a)(3) shall apply for
    purposes of this subsection.
    (2) Qualified distribution.--For purposes of this
    subsection, the term ``qualified distribution'' means any
    distribution--
    (A) described in section 401(k)(2)(B)(i)(IV),
    403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of
    the Internal Revenue Code of 1986,
    (B) which was to be used to purchase or construct a
    principal residence in a qualified disaster area, but
    which was not so used on account of the qualified
    disaster with respect to such area, and
    (C) <>  which was received
    during the period beginning on the date which is 180
    days before the first day of the incident period of such
    qualified disaster and ending on the date which is 30
    days after the last day of such incident period.
    (3) Applicable period.--For purposes of this subsection, the
    term ``applicable period'' means, in the case of a principal
    residence in a qualified disaster area with respect to any
    qualified disaster, the period beginning on the first day of the
    incident period of such qualified disaster and ending on the
    date which is 180 days after the date of the enactment of this
    Act.

    (c) Loans From Qualified Plans.--
    (1) Increase in limit on loans not treated as
    distributions.--In the <> case of any loan from a qualified
    employer plan (as defined under section 72(p)(4) of the Internal
    Revenue Code of 1986) to a qualified individual made during the
    180-day period beginning on the date of the enactment of this
    Act--
    (A) clause (i) of section 72(p)(2)(A) of such Code
    shall be applied by substituting `` $100,000'' for ``
    $50,000'', and
    (B) clause (ii) of such section shall be applied by
    substituting ``the present value of the nonforfeitable
    accrued benefit of the employee under the plan'' for
    ``one-half of the present value of the nonforfeitable
    accrued benefit of the employee under the plan''.
    (2) Delay of repayment.--In the case of a qualified
    individual (with respect to any qualified disaster) with an
    outstanding loan (on or after the first day of the incident
    period of such qualified disaster) from a qualified employer
    plan (as

    [[Page 3074]]

    defined in section 72(p)(4) of the Internal Revenue Code of
    1986)--
    (A) <>  if the due date pursuant
    to subparagraph (B) or (C) of section 72(p)(2) of such
    Code for any repayment with respect to such loan occurs
    during the period beginning on the first day of the
    incident period of such qualified disaster and ending on
    the date which is 180 days after the last day of such
    incident period, such due date shall be delayed for 1
    year (or, if later, until the date which is 180 days
    after the date of the enactment of this Act),
    (B) any subsequent repayments with respect to any
    such loan shall be appropriately adjusted to reflect the
    delay in the due date under subparagraph (A) and any
    interest accruing during such delay, and
    (C) <>  in determining the 5-
    year period and the term of a loan under subparagraph
    (B) or (C) of section 72(p)(2) of such Code, the period
    described in subparagraph (A) of this paragraph shall be
    disregarded.
    (3) <>  Qualified individual.--For
    purposes of this subsection, the term ``qualified individual''
    means any individual--
    (A) whose principal place of abode at any time
    during the incident period of any qualified disaster is
    located in the qualified disaster area with respect to
    such qualified disaster, and
    (B) who has sustained an economic loss by reason of
    such qualified disaster.

    (d) Provisions Relating to Plan Amendments.--
    (1) <>  In general.--If this
    subsection applies to any amendment to any plan or annuity
    contract, such plan or contract shall be treated as being
    operated in accordance with the terms of the plan during the
    period described in paragraph (2)(B)(i).
    (2) Amendments to which subsection applies.--
    (A) In general.--This subsection shall apply to any
    amendment to any plan or annuity contract which is
    made--
    (i) pursuant to any provision of this section,
    or pursuant to any regulation issued by the
    Secretary or the Secretary of Labor under any
    provision of this section, and
    (ii) <>  on or before
    the last day of the first plan year beginning on
    or after January 1, 2022, or such later date as
    the Secretary may prescribe.
    In the case of a governmental plan (as defined in
    section 414(d) of the Internal Revenue Code of 1986),
    clause (ii) shall be applied by substituting the date
    which is 2 years after the date otherwise applied under
    clause (ii).
    (B) Conditions.--This subsection shall not apply to
    any amendment unless--
    (i) during the period--
    (I) beginning on the date that this
    section or the regulation described in
    subparagraph (A)(i) takes effect (or in
    the case of a plan or contract amendment
    not required by this section or such
    regulation, the effective date specified
    by the plan), and

    [[Page 3075]]

    (II) ending on the date described in
    subparagraph (A)(ii) (or, if earlier,
    the date the plan or contract amendment
    is adopted),
    the plan or contract is operated as if such plan or
    contract amendment were in effect, and
    (ii) such plan or contract amendment applies
    retroactively for such period.
    SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
    QUALIFIED DISASTERS.

    (a) In General.--For purposes of section 38 of the Internal Revenue
    Code of 1986, in the case of an eligible employer, the 2020 qualified
    disaster employee retention credit shall be treated as a credit listed
    at the end of subsection (b) of such section. For purposes of this
    subsection, the 2020 qualified disaster employee retention credit for
    any taxable year is an amount equal to 40 percent of the qualified wages
    with respect to each eligible employee of such employer for such taxable
    year. The amount of qualified wages with respect to any employee which
    may be taken into account under this subsection by the employer for any
    taxable year shall not exceed $6,000 (reduced by the amount of qualified
    wages with respect to such employee taken into account for any prior
    taxable year).
    (b) Definitions.--For purposes of this section--
    (1) Eligible employer.--The term ``eligible employer'' means
    any employer--
    (A) which conducted an active trade or business in a
    qualified disaster zone at any time during the incident
    period of the qualified disaster with respect to such
    qualified disaster zone, and
    (B) with respect to whom the trade or business
    described in subparagraph (A) is inoperable at any time
    during the period beginning on the first day of the
    incident period of such qualified disaster and ending on
    the date of the enactment of this Act, as a result of
    damage sustained by reason of such qualified disaster.
    (2) Eligible employee.--The term ``eligible employee'' means
    with respect to an eligible employer an employee whose principal
    place of employment with such eligible employer (determined
    immediately before the qualified disaster referred to in
    paragraph (1)) was in the qualified disaster zone referred to in
    such paragraph.
    (3) Qualified wages.--The term ``qualified wages'' means
    wages (as defined in section 51(c)(1) of the Internal Revenue
    Code of 1986, but without regard to section 3306(b)(2)(B) of
    such Code) paid or incurred by an eligible employer with respect
    to an eligible employee at any time on or after the date on
    which the trade or business described in paragraph (1) first
    became inoperable at the principal place of employment of the
    employee (determined immediately before the qualified disaster
    referred to in such paragraph) and before the earlier of--
    (A) the date on which such trade or business has
    resumed significant operations at such principal place
    of employment, or

    [[Page 3076]]

    (B) <>  the date which is 150
    days after the last day of the incident period of the
    qualified disaster referred to in paragraph (1).
    Such term shall include wages paid without regard to whether the
    employee performs no services, performs services at a different
    place of employment than such principal place of employment, or
    performs services at such principal place of employment before
    significant operations have resumed. Such term shall not include
    any wages taken into account under section 2301 of the CARES
    Act.

    (c) Special Rules.--
    (1) Denial of double benefit.--Any wages taken into account
    in determining any credit allowed under this section shall not
    be taken into account as wages for purposes of sections 41, 45A,
    45P, 45S, 51, and 1396 of the Internal Revenue Code of 1986.
    (2) Certain other rules to apply.--For purposes of this
    section, rules similar to the rules of sections 51(i)(1), 52,
    and 280C(a) of the Internal Revenue Code of 1986 shall apply.

    (d) Payroll Tax Credit for Certain Tax-exempt Organizations.--
    (1) In general.--In the case of any qualified tax-exempt
    organization, there shall be allowed as a credit against the tax
    imposed by section 3111(a) of the Internal Revenue Code of 1986
    on wages paid with respect to employment of all employees of the
    organization during the calendar quarter an amount equal to 40
    percent of the qualified wages paid to eligible employees of
    such organization during such calendar quarter.
    (2) Application of aggregate dollar limitation per
    employee.--The amount of qualified wages with respect to any
    employee which may be taken into account under this subsection
    by the employer for any calendar quarter shall not exceed $6,000
    (reduced by the amount of qualified wages with respect to which
    credit was allowed under this subsection for any prior calendar
    quarter with respect to such employee).
    (3) Overall limitation.--
    (A) In general.--The aggregate amount allowed as a
    credit under this subsection for all eligible employees
    of any employer for any calendar quarter shall not
    exceed the amount of the tax imposed by section 3111(a)
    of the Internal Revenue Code of 1986 on wages paid with
    respect to employment of all employees of such employer
    during such calendar quarter (reduced by any credits
    allowed under subsections (e) and (f) of section 3111 of
    such Code for such quarter).
    (B) Carryforward.--If the amount of the credit under
    paragraph (1) exceeds the limitation of subparagraph (A)
    for any calendar quarter, such excess shall be carried
    to the succeeding calendar quarter and allowed as a
    credit under paragraph (1) for such quarter.
    (C) Coordination with other payroll tax credits.--
    (i) Section 7001(b)(3) of the Families First
    Coronavirus Response Act <>  is amended by inserting ``, and section
    303(d) of the Taxpayer Certainty and Disaster Tax
    Relief Act of 2020,'' after ``subsections (e) and
    (f) of section 3111 of such Code''.

    [[Page 3077]]

    (ii) Section 7003(b)(2) of the Families First
    Coronavirus Response Act is amended by striking
    ``and section 7001 of this Act,'' and inserting
    ``section 7001 of this Act, and section 303(d) of
    the Taxpayer Certainty and Disaster Tax Relief Act
    of 2020,''.
    (iii) Section 2301(b)(2) of the CARES
    Act <>  is amended by
    striking ``and sections 7001 and 7003 of the
    Families First Coronavirus Response Act'' and
    inserting ``, sections 7001 and 7003 of the
    Families First Coronavirus Response Act, and
    section 303(d) of the Taxpayer Certainty and
    Disaster Tax Relief Act of 2020''.
    (4) Definitions.--
    (A) Qualified tax-exempt organization.--For purposes
    of this subsection, the term ``qualified tax-exempt
    organization'' means an organization described in
    section 501(c) of the Internal Revenue Code of 1986 and
    exempt from taxation under section 501(a) of such Code
    if such organization would be an eligible employer if
    the activities of such organization were an active trade
    or business.
    (B) Application of certain terms with respect to
    qualified tax-exempt organizations.--For purposes of
    this subsection, the terms ``eligible employee'' and
    ``qualified wages'' shall be applied with respect to any
    qualified tax-exempt organization--
    (i) by treating the activities of such
    organization as an active trade or business, and
    (ii) by substituting ``wages (within the
    meaning of subsection (d)(4)(C))'' for ``wages (as
    defined in section 51(c)(1) of the Internal
    Revenue Code of 1986, but without regard to
    section 3306(b)(2)(B) of such Code)'' in
    subsection (b)(3).
    (C) Other terms.--Except as otherwise provided in
    this subsection, any term used in this subsection which
    is also used in chapter 21 or 22 of the Internal Revenue
    Code of 1986 shall have the same meaning as when used in
    such chapter.
    (5) Transfers to certain trust funds.--There are hereby
    appropriated to the Federal Old-Age and Survivors Insurance
    Trust Fund and the Federal Disability Insurance Trust Fund
    established under section 201 of the Social Security Act (42
    U.S.C. 401) and the Social Security Equivalent Benefit Account
    established under section 15A(a) of the Railroad Retirement Act
    of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in
    revenues to the Treasury by reason of this subsection (without
    regard to this paragraph). Amounts appropriated by the preceding
    sentence shall be transferred from the general fund at such
    times and in such manner as to replicate to the extent possible
    the transfers which would have occurred to such Trust Fund or
    Account had this subsection not been enacted.
    (6) <>  Treatment of
    deposits.--The Secretary shall waive any penalty under section
    6656 of such Code for any failure to make a deposit of
    applicable employment taxes if the Secretary determines that
    such failure was due to the anticipation of the credit allowed
    under this subsection.

    [[Page 3078]]

    (7) Third party payors.--Any credit allowed under this
    subsection shall be treated as a credit described in section
    3511(d)(2) of such Code.
    (8) <>  Coordination with subsection
    (a) credit.--Any wages taken into account in determining the
    credit allowed under this subsection shall not be take into
    account as wages for purposes of subsection (a).
    (9) Regulations and guidance.--The Secretary shall issue
    such forms, instructions, regulations, and guidance as are
    necessary--
    (A) to allow the advance payment of the credit under
    paragraph (1), subject to the limitations provided in
    this subsection, based on such information as the
    Secretary shall require,
    (B) regulations or other guidance to provide for the
    reconciliation of such advance payment with the amount
    of the credit under this subsection at the time of
    filing the return of tax for the applicable quarter or
    taxable year,
    (C) with respect to the application of the credit
    under paragraph (1) to third party payors (including
    professional employer organizations, certified
    professional employer organizations, or agents under
    section 3504 of the Internal Revenue Code of 1986),
    including regulations or guidance allowing such payors
    to submit documentation necessary to substantiate the
    eligible employer status of employers that use such
    payors, and
    (D) <>  for recapturing the
    benefit of credits determined under this subsection in
    cases where there is a subsequent adjustment to the
    credit determined under paragraph (1).

    (e) Election to Not Take Certain Wages Into Account.--
    (1) In general.--This section shall not apply to qualified
    wages paid by an eligible employer with respect to which such
    employer makes an election (at such time and in such manner as
    the Secretary may prescribe) to have this section not apply to
    such wages.
    (2) Coordination with paycheck protection program.--The
    Secretary, <> in consultation with the
    Administrator of the Small Business Administration, shall issue
    guidance providing that payroll costs paid or incurred during
    the covered period shall not fail to be treated as qualified
    wages under this section by reason of an election under
    paragraph (1) to the extent that a covered loan of the eligible
    employer is not forgiven by reason of a decision under section
    7A(g) of the Small Business Act. Terms used in the preceding
    sentence which are also used in section 7A(g) of such Act shall
    have the same meaning as when used in such section.

    (f) Certain Governmental Employers.--
    (1) In general.--The credits under this section shall not
    apply to the Government of the United States, the government of
    any State or political subdivision thereof, or any agency or
    instrumentality of any of the foregoing.
    (2) Exception.--Paragraph (1) shall not apply to--
    (A) any organization described in section 501(c)(1)
    of the Internal Revenue Code of 1986 and exempt from tax
    under section 501(a) of such Code, or
    (B) any entity described in paragraph (1) if --

    [[Page 3079]]

    (i) such entity is a college or university, or
    (ii) the principal purpose or function of such
    entity is providing medical or hospital care.
    An entity described in subparagraph (B) shall be treated
    for purposes of this section in the same manner as an
    organization described in section 501(c) of the Internal
    Revenue Code of 1986 and exempt from tax under section
    501(a) of such Code.

    (g) Amendment to Paycheck Protection Program.--Section 7A(a)(12) of
    the Small Business Act (as redesignated, transferred, and amended by the
    Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act
    and as amended by section 206(c) of this division) is amended by adding
    at the end the following: ``Such payroll costs shall not include
    qualified wages taken into account in determining the credit allowed
    under subsection (a) or (d) of section 303 of the Taxpayer Certainty and
    Disaster Tax Relief Act of 2020.''.
    SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.

    (a) Special Rules for Qualified Disaster Relief Contributions.--
    (1) <>  In general.--In the case of a
    qualified disaster relief contribution made by a corporation--
    (A) section 2205(a)(2)(B) of the CARES Act shall be
    applied first to qualified contributions without regard
    to any qualified disaster relief contributions and then
    separately to such qualified disaster relief
    contribution, and
    (B) in applying such section to such qualified
    disaster relief contributions, clause (i) thereof shall
    be applied--
    (i) by substituting ``100 percent'' for ``25
    percent'', and
    (ii) by treating qualified contributions other
    than qualified disaster relief contributions as
    contributions allowed under section 170(b)(2) of
    the Internal Revenue Code of 1986.
    (2) <>  Qualified disaster relief
    contribution.--For purposes of this subsection, the term
    ``qualified disaster relief contribution'' means any qualified
    contribution (as defined in section 2205(a)(3) of the CARES Act)
    if--
    (A) such contribution--
    (i) <>  is paid, during
    the period beginning on January 1, 2020, and
    ending on the date which is 60 days after the date
    of the enactment of this Act, and
    (ii) is made for relief efforts in one or more
    qualified disaster areas,
    (B) the taxpayer obtains from such organization
    contemporaneous written acknowledgment (within the
    meaning of section 170(f)(8) of such Code) that such
    contribution was used (or is to be used) for relief
    efforts described in subparagraph (A)(ii), and
    (C) the taxpayer has elected the application of this
    subsection with respect to such contribution.
    (3) Cross-reference.--For the suspension of the limitation
    on qualified disaster relief contributions made by an individual
    during 2020, see section 2205(a) of the CARES Act.

    (b) <>  Special Rules for Qualified Disaster-
    related Personal Casualty Losses.--

    [[Page 3080]]

    (1) In general.--If an individual has a net disaster loss
    for any taxable year--
    (A) the amount determined under section
    165(h)(2)(A)(ii) of the Internal Revenue Code of 1986
    shall be equal to the sum of--
    (i) such net disaster loss, and
    (ii) so much of the excess referred to in the
    matter preceding clause (i) of section
    165(h)(2)(A) of such Code (reduced by the amount
    in clause (i) of this subparagraph) as exceeds 10
    percent of the adjusted gross income of the
    individual,
    (B) in the case of qualified disaster-related
    personal casualty losses, section 165(h)(1) of such Code
    shall be applied to by substituting `` $500'' for ``
    $500 ( $100 for taxable years beginning after December
    31, 2009)'',
    (C) the standard deduction determined under section
    63(c) of such Code shall be increased by the net
    disaster loss, and
    (D) section 56(b)(1)(E) of such Code shall not apply
    to so much of the standard deduction as is attributable
    to the increase under subparagraph (C) of this
    paragraph.
    (2) Net disaster loss.--For purposes of this subsection, the
    term ``net disaster loss'' means the excess of qualified
    disaster-related personal casualty losses over personal casualty
    gains (as defined in section 165(h)(3)(A) of the Internal
    Revenue Code of 1986).
    (3) Qualified disaster-related personal casualty losses.--
    For purposes of this subsection, the term ``qualified disaster-
    related personal casualty losses'' means losses described in
    section 165(c)(3) of the Internal Revenue Code of 1986 which
    arise in a qualified disaster area on or after the first day of
    the incident period of the qualified disaster to which such area
    relates, and which are attributable to such qualified disaster.
    SEC. 305. LOW-INCOME HOUSING TAX CREDIT.

    (a) Additional Low-income Housing Credit Allocations.--
    (1) In general.--For purposes of section 42 of the Internal
    Revenue Code of 1986, the State housing credit ceiling for any
    State for each of calendar years 2021 and 2022 shall be
    increased by the aggregate housing credit dollar amount
    allocated by the State housing credit agencies of such State for
    such calendar year to buildings located in any qualified
    disaster zone in such State.
    (2) Limitation.--
    (A) Application of aggregate limitation.--The
    increase determined under paragraph (1) with respect to
    any State shall not exceed--
    (i) in the case of any such increase
    determined for calendar year 2021, the applicable
    dollar limitation for such State, and
    (ii) in the case of any such increase
    determined for calendar year 2022, the applicable
    dollar limitation for such State reduced by the
    amount of any increase determined under paragraph
    (1) with respect to such State for calendar year
    2021.

    [[Page 3081]]

    (B) <>  Applicable dollar
    limitation.--For purposes of this paragraph, the term
    ``applicable dollar limitation'' means, with respect to
    any State, the lesser of--
    (i) the product of $3.50 multiplied by the
    population of such State (as determined for
    calendar year 2020) which resides in qualified
    disaster zones in such State, or
    (ii) 65 percent of the State housing credit
    ceiling for such State for calendar year 2020.
    (3) Extension of placed in service deadline for designated
    housing credit dollar amounts.--
    (A) <>  In general.--In the
    case of any housing credit dollar amount which is
    allocated by a State housing credit agency of a State
    for calendar year 2021 or 2022 to a building located in
    a qualified disaster zone in such State and which is
    designated (at such time and in such manner as the
    Secretary may provide) by such State housing credit
    agency as housing credit dollar amount to which this
    paragraph applies, section 42(h)(1)(E) of the Internal
    Revenue Code of 1986 shall be applied--
    (i) by substituting ``third calendar year''
    for ``second calendar year'' both places it
    appears, and
    (ii) by substituting ``2 years'' for ``1
    year'' in clause (ii) thereof.
    (B) Application of limitation.--The aggregate amount
    of housing credit dollar amount designated under
    subparagraph (A) for any calendar year by all State
    housing credit agencies of a State shall not exceed the
    amount determined under paragraph (2)(A) with respect to
    such State for such calendar year.
    (4) Allocations treated as made first from additional
    allocation for purposes of determining carryover.--For purposes
    of determining the unused State housing credit ceiling for any
    calendar year under section 42(h)(3)(C) of the Internal Revenue
    Code of 1986, any increase in the State housing credit ceiling
    under paragraph (1) shall be treated as an amount described in
    clause (ii) of such section.
    SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.

    (a) Payments to Possessions With Mirror Code Tax Systems.--The
    Secretary of the Treasury shall pay to each possession of the United
    States which has a mirror code tax system amounts equal to the loss (if
    any) to that possession by reason of the application of the provisions
    of this title. <>  Such amounts shall be
    determined by the Secretary of the Treasury based on information
    provided by the government of the respective possession.

    (b) Payments to Other Possessions.--The Secretary of the Treasury
    shall pay to each possession of the United States which does not have a
    mirror code tax system amounts estimated by the Secretary of the
    Treasury as being equal to the aggregate benefits (if any) that would
    have been provided to residents of such possession by reason of the
    provisions of this title if a mirror code tax system had been in effect
    in such possession. <>  The preceding sentence shall not
    apply unless the respective possession has a plan, which has been
    approved by the Secretary of the Treasury, under which such possession
    will promptly distribute such payments to its residents.

    [[Page 3082]]

    (c) <>  Mirror Code Tax System.--For purposes of
    this section, the term ``mirror code tax system'' means, with respect to
    any possession of the United States, the income tax system of such
    possession if the income tax liability of the residents of such
    possession under such system is determined by reference to the income
    tax laws of the United States as if such possession were the United
    States.

    (d) Treatment of Payments.--For purposes of section 1324 of title
    31, United States Code, the payments under this section shall be treated
    in the same manner as a refund due from a credit provision referred to
    in subsection (b)(2) of such section.

    DIVISION FF--OTHER MATTER

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

    SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.

    (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 1001 note)
    is amended--
    (1) in subsection (a), by striking ``for the duration of
    such emergency'' and all that follows through the period at the
    end and inserting ``for purposes of title IV of the Higher
    Education Act of 1965 (20 U.S.C. 1070 et seq.) until the end of
    the covered period applicable to the institution.'';
    (2) in subsection (b), by striking ``for the duration of the
    qualifying emergency and the following payment period for
    purposes of title IV of the Higher Education Act of 1965 (20
    U.S.C. 1070 et seq.).'' and inserting ``until the end of the
    covered period applicable to the institution.'';
    (3) in subsection (c), by striking ``for the duration of the
    qualifying emergency and the following payment period,'' and
    inserting ``until all covered periods for foreign institutions
    carrying out a distance education program authorized under this
    section have ended,'';
    (4) in subsection (d)--
    (A) in paragraph (1)--
    (i) by striking ``for the duration of a
    qualifying emergency and the following payment
    period,'' and inserting ``until the end of the
    covered period applicable to a foreign
    institution,''; and
    (ii) by striking ``allow a foreign
    institution'' and inserting ``allow the foreign
    institution'';
    (B) in each of subparagraphs (A) and (B) of
    paragraph (2), by striking ``subsection (a)'' and
    inserting ``paragraph (1)'';
    (C) in paragraph (3)(B), by striking ``30 days'' and
    inserting ``10 days''; and
    (D) in paragraph (4)--

    [[Page 3083]]

    (i) by striking ``for the duration of the
    qualifying emergency and the following payment
    period,'' and inserting ``until all covered
    periods for foreign institutions that entered into
    written arrangements under paragraph (1) have
    ended,''; and
    (ii) by striking ``identifies each foreign
    institution that entered into a written
    arrangement under subsection (a).'' and inserting
    the following: identifies, for each such foreign
    institution--
    ``(A) the name of the foreign institution;
    ``(B) the name of the institution of higher
    education located in the United States that has entered
    into a written arrangement with such foreign
    institution; and
    ``(C) information regarding the nature of such
    written arrangement, including which coursework or
    program requirements are accomplished at each respective
    institution.''; and
    (5) by adding at the end the following:

    ``(e) Definition of Covered Period.--
    ``(1) In general.--In this section, the term `covered
    period', when used with respect to a foreign institution of
    higher education, means the period--
    ``(A) beginning on the first day of--
    ``(i) a qualifying emergency; or
    ``(ii) a public health emergency, major
    disaster or emergency, or national emergency
    declared by the applicable government authorities
    in the country in which the foreign institution is
    located; and
    ``(B) ending on the later of--
    ``(i) subject to paragraph (2), the last day
    of the payment period, for purposes of title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1070
    et seq.), following the end of any qualifying
    emergency or any emergency or disaster described
    in subparagraph (A)(ii) applicable to the foreign
    institution; or
    ``(ii) June 30, 2022.
    ``(2) Special rule for certain payment periods.--For
    purposes of subparagraph (B)(i), if the following payment period
    for an award year ends before June 30 of such award year, the
    covered period shall be extended until June 30 of such award
    year.''.

    (b) <>  Effective Date.--The amendments
    made by subsection (a) shall take effect as if included in the enactment
    of the CARES Act (Public Law 116-136).
    SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
    COLLECTION PURSUANT TO QUALIFIED
    TAX COLLECTION CONTRACTS.

    (a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
    1306) is amended by adding at the end the following:
    ``(g) Notwithstanding any other provision of this section, the
    Commissioner of Social Security shall enter into an agreement with the
    Secretary of the Treasury under which--
    ``(1) if the Secretary provides the Commissioner with the
    information described in section 6103(k)(15) of the Internal
    Revenue Code of 1986 with respect to any individual, the
    Commissioner shall indicate to the Secretary as to whether

    [[Page 3084]]

    such individual receives disability insurance benefits under
    section 223 or supplemental security income benefits under title
    XVI (including State supplementary payments of the type referred
    to in section 1616(a) or payments of the type described in
    section 212(a) of Public Law 93-66);
    ``(2) appropriate safeguards are included to assure that the
    indication described in paragraph (1) will be used solely for
    the purpose of determining if tax receivables involving such
    individual are not eligible for collection pursuant to a
    qualified tax collection contract by reason of section
    6306(d)(3)(E) of the Internal Revenue Code of 1986; and
    ``(3) the Secretary shall pay the Commissioner of Social
    Security the full costs (including systems and administrative
    costs) of providing the indication described in paragraph
    (1).''.

    (b) Authorization of Disclosure by Secretary of the Treasury.--
    (1) In general.--Section 6103(k) of the Internal Revenue
    Code of 1986 is amended by adding at the end the following new
    paragraph:
    ``(15) Disclosures to social security administration to
    identify tax receivables not eligible for collection pursuant to
    qualified tax collection contracts.--
    <> In the case of any individual involved
    with a tax receivable which the Secretary has identified for
    possible collection pursuant to a qualified tax collection
    contract (as defined in section 6306(b)), the Secretary may
    disclose the taxpayer identity and date of birth of such
    individual to officers, employees, and contractors of the Social
    Security Administration to determine if such tax receivable is
    not eligible for collection pursuant to such a qualified tax
    collection contract by reason of section 6306(d)(3)(E).''.
    (2) Conforming amendments related to safeguards.--
    (A) Section 6103(a)(3) of such Code is amended by
    striking ``or (14)'' and inserting ``(14), or (15)''.
    (B) Section 6103(p)(4) of such Code is amended--
    (i) by striking ``(k)(8), (10) or (11)'' both
    places it appears and inserting ``(k)(8), (10),
    (11), or (15)'', and
    (ii) by striking ``any other person described
    in subsection (k)(10)'' each place it appears and
    inserting ``any other person described in
    subsection (k)(10) or (15)''.
    (C) Section 7213(a)(2) of such Code is amended by
    striking ``(k)(10), (13), or (14)'' and inserting
    ``(k)(10), (13), (14), or (15)''.

    (c) <>  Effective Date.--The amendments
    made by this section shall apply to disclosures made on or after the
    date of the enactment of this Act.
    SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
    INFORMATION.

    (a) Amendments to the Internal Revenue Code of 1986.--
    (1) In general.--Subparagraph (D) of section 6103(l)(13) of
    the Internal Revenue Code of 1986 is amended--
    (A) by inserting at the end of clause (iii) the
    following new sentence: ``Under such terms and
    conditions as may be prescribed by the Secretary, after
    consultation with

    [[Page 3085]]

    the Department of Education, an institution of higher
    education described in subclause (I) or a State higher
    education agency described in subclause (II) may
    designate a contractor of such institution or state
    agency to receive return information on behalf of such
    institution or state agency to administer aspects of the
    institution's or state agency's activities for the
    application, award, and administration of such financial
    aid.'', and
    (B) by adding at the end the following:
    ``(iv) Redisclosure to office of inspector
    general, independent auditors, and contractors.--
    Any return information which is redisclosed under
    clause (iii)--
    ``(I) may be further disclosed by
    persons described in subclauses (I),
    (II), or (III) of clause (iii) or
    persons designated in the last sentence
    of clause (iii) to the Office of
    Inspector General of the Department of
    Education and independent auditors
    conducting audits of such person's
    administration of the programs for which
    the return information was received, and
    ``(II) may be further disclosed by
    persons described in subclauses (I),
    (II), or (III) of clause (iii) to
    contractors of such entities,
    but only to the extent necessary in carrying out
    the purposes described in such clause (iii).
    ``(v) Redisclosure to family members.--In
    addition to the purposes for which information is
    disclosed and used under subparagraphs (A) and
    (C), or redisclosed under clause (iii), any return
    information so disclosed or redisclosed may be
    further disclosed to any individual certified by
    the Secretary of Education as having provided
    approval under paragraph (1) or (2) of section
    494(a) of the Higher Education Act of 1965, as the
    case may be, for disclosure related to the income-
    contingent or income-based repayment plan under
    subparagraph (A) or the eligibility for, and
    amount of, Federal student financial aid described
    in subparagraph (C).
    ``(vi) Redisclosure of fafsa information.--
    Return information received under subparagraph (C)
    may be redisclosed in accordance with subsection
    (c) of section 494 of the Higher Education Act of
    1965 as in effect on the date of enactment of the
    Consolidated Appropriations Act, 2021 to carry out
    the purposes specified in such subsection.''.
    (2) Conforming amendment.--Subparagraph (F) of section
    6103(l)(13) of such Code is amended by inserting ``, and any
    redisclosure authorized under clause (iii), (iv) (v), or (vi) of
    subparagraph (D),'' after `` or (C)''.
    (3) Confidentiality of return information.--
    (A) Section 6103(a)(3) of such Code, as amended by
    section 3516(a)(1) of the CARES Act (Public Law 116-
    136), is amended by striking ``(13)(A), (13)(B),
    (13)(C), (13)(D)(i),'' and inserting ``(13) (other than
    subparagraphs (D)(v) and (D)(vi) thereof),''.

    [[Page 3086]]

    (B) Section 6103(p)(3)(A) of such Code, as amended
    by section 3516(a)(2) of such Act, is amended by
    striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
    inserting ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
    (4) <>  Effective date.--The
    amendments made by this subsection shall apply to disclosures
    made after the date of the enactment of the FUTURE Act (Public
    Law 116-91).

    (b) Amendments to the Higher Education Act of 1965.--
    (1) In general.--Section 494 of the Higher Education Act of
    1965 (20 U.S.C. 1098h(a)) is amended--
    (A) in subsection (a)(1)--
    (i) in the matter preceding subparagraph (A),
    by inserting ``, including return information,''
    after ``financial information'';
    (ii) in subparagraph (A)--
    (I) in clause (i)--
    (aa) by striking
    ``subparagraph (B), the'' and
    inserting the following:
    ``subparagraph (B)--
    ``(I) the''; and
    (bb) by adding at the end
    the following:
    ``(II) the return information of
    such individuals may be redisclosed
    pursuant to clauses (iii), (iv), (v),
    and (vi) of section 6103(l)(13)(D) of
    the Internal Revenue Code of 1986, for
    the relevant purposes described in such
    section; and''; and
    (II) in clause (ii), by striking
    ``such disclosure'' and inserting ``the
    disclosures described in subclauses (I)
    and (II) of clause (i)''; and
    (iii) in subparagraph (B), by striking
    ``disclosure described in subparagraph (A)(i)''
    and inserting ``disclosures described in
    subclauses (I) and (II) of subparagraph (A)(i)'';
    (B) in subsection (a)(2)(A)(ii), by striking
    ``affirmatively approve the disclosure described in
    paragraph (1)(A)(i) and agree that such approval shall
    serve as an ongoing approval of such disclosure until
    the date on which the individual elects to opt out of
    such disclosure'' and inserting ``affirmatively approve
    the disclosures described in subclauses (I) and (II) of
    paragraph (1)(A)(i), to the extent applicable, and agree
    that such approval shall serve as an ongoing approval of
    such disclosures until the date on which the individual
    elects to opt out of such disclosures''; and
    (C) by adding at the end the following:

    ``(c) Access to FAFSA Information.--
    ``(1) Redisclosure of information.--The information in a
    complete, unredacted Student Aid Report (including any return
    information disclosed under section 6103(l)(13) of the Internal
    Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an
    application described in subsection (a)(1) of an applicant for
    Federal student financial aid--
    ``(A) upon request for such information by such
    applicant, shall be provided to such applicant by--
    ``(i) the Secretary; or
    ``(ii) in a case in which the Secretary has
    requested that institutions of higher education
    carry out the requirements of this subparagraph,
    an institution of

    [[Page 3087]]

    higher education that has received such
    information; and
    ``(B) with the written consent by the applicant to
    an institution of higher education, may be provided by
    such institution of higher education as is necessary to
    a scholarship granting organization (including a tribal
    organization (defined in section 4 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C.
    5304))), or to an organization assisting the applicant
    in applying for and receiving Federal, State, local, or
    tribal assistance, that is designated by the applicant
    to assist the applicant in applying for and receiving
    financial assistance for any component of the
    applicant's cost of attendance (defined in section 472)
    at that institution.
    ``(2) Discussion of information.--A discussion of the
    information in an application described in subsection (a)(1)
    (including any return information disclosed under section
    6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
    6103(l)(13)) of an applicant between an institution of higher
    education and the applicant may, with the written consent of the
    applicant, include an individual selected by the applicant (such
    as an advisor) to participate in such discussion.
    ``(3) Restriction on disclosing information.--A person
    receiving information under paragraph (1)(B) or (2) with respect
    to an applicant shall not use the information for any purpose
    other than the express purpose for which consent was granted by
    the applicant and shall not disclose such information to any
    other person without the express permission of, or request by,
    the applicant.
    ``(4) Definitions.--In this subsection:
    ``(A) Student aid report.--The term `Student Aid
    Report' has the meaning given the term in section 668.2
    of title 34, Code of Federal Regulations (or successor
    regulations).
    ``(B) Written consent.--The term `written consent'
    means a separate, written document that is signed and
    dated (which may include by electronic format) by an
    applicant, which--
    ``(i) indicates that the information being
    disclosed includes return information disclosed
    under section 6103(l)(13) of the Internal Revenue
    Code of 1986 (26 U.S.C. 6103(l)(13)) with respect
    to the applicant;
    ``(ii) states the purpose for which the
    information is being disclosed; and
    ``(iii) states that the information may only
    be used for the specific purpose and no other
    purposes.
    ``(5) Record keeping requirement.--An institution of higher
    education shall--
    ``(A) <>  keep a record of each
    written consent made under this subsection for a period
    of at least 3 years from the date of the student's last
    date of attendance at the institution; and
    ``(B) <>  make each such record
    readily available for review by the Secretary.''.
    (2) Conforming amendment.--Section 494(a)(3) of the Higher
    Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is

    [[Page 3088]]

    amended by striking ``paragraph (1)(A)(i)'' both places the term
    appears and inserting ``paragraph (1)(A)(i)(I)''.
    SEC. 104. <>  RESCHEDULING OF THE NAEP
    MANDATED BIENNIAL 4TH AND 8TH GRADE
    ASSESSMENT AND ALIGNMENT OF THE MANDATED
    QUADRENNIAL 12TH GRADE ASSESSMENT.

    (a) Current Assessment Administration Rescheduling.--Notwithstanding
    any other provision of law and due to the public health emergency
    declared by the Secretary of Health and Human Services under section 319
    of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020,
    with respect to COVID-19--
    (1) the biennial 4th and 8th grade reading and mathematics
    assessments scheduled to be conducted during the 2020-2021
    school year in accordance with paragraphs (2)(B) and (3)(A)(i)
    of section 303(b) of the National Assessment of Educational
    Progress Authorization Act (20 U.S.C. 9622(b)) and, as
    practicable and subject to the discretion of the National
    Assessment Governing Board, the Trial Urban District Assessment,
    shall be conducted during the 2021-2022 school year; and
    (2) the next quadrennial 12th grade reading and mathematics
    assessments carried out in accordance with section 303(b)(2)(C)
    of the National Assessment of Educational Progress Authorization
    Act (20 U.S.C. 9622(b)(2)(C)) after the date of enactment of
    this section, shall be conducted during the 2023-2024 school
    year.

    (b) Future Assessment Administration.--In accordance with section
    303(b)(2)(B) of the National Assessment of Educational Progress
    Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial
    assessments following the 2021-2022 administration, as authorized under
    subsection (a), shall occur in the 2023-2024 school year and, as
    practicable and subject to the discretion of the National Assessment
    Governing Board, the next Trial Urban District Assessment following the
    2021-2022 administration, as authorized under subsection (a), shall
    occur in the 2023-2024 school year.

    TITLE II--PUBLIC LANDS

    SEC. 201 <> . SAGUARO NATIONAL
    PARK BOUNDARY EXPANSION.

    (a) Short Title.--This section may be cited as the ``Saguaro
    National Park Boundary Expansion Act''.
    (b) Boundary of Saguaro National Park.--Section 4 of the Saguaro
    National Park Establishment Act of 1994 (Public Law 103-364; 108 Stat.
    3467) is amended--
    (1) in subsection (a)--
    (A) by inserting ``(1)'' before ``The boundaries of
    the park''; and
    (B) by adding at the end the following:
    ``(2)(A) The boundaries of the park are further modified to
    include approximately 1,152 acres, as generally depicted on the
    map titled `Saguaro National Park Proposed Boundary Adjustment',
    numbered 151/80,045G, and dated December 2020.
    ``(B) The map referred to in subparagraph (A) shall be on
    file and available for inspection in the appropriate offices of
    the National Park Service.''; and
    (2) by striking subsection (b)(2) and inserting the
    following new paragraphs:

    [[Page 3089]]

    ``(2) The Secretary may, with the consent of the State of
    Arizona and in accordance with Federal and State law, acquire
    land or interests therein owned by the State of Arizona within
    the boundary of the park.
    ``(3) If the Secretary is unable to acquire the State land
    under paragraph (2), the Secretary may enter into an agreement
    with the State that would allow the National Park Service to
    manage State land within the boundary of the park.''.
    SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.

    (a) <>  Short Title.--This section may be cited as the
    ``New River Gorge National Park and Preserve Designation Act''.

    (b) Designation of New River Gorge National Park and New River Gorge
    National Preserve, West Virginia.--
    (1) Redesignation.--The New River Gorge National River
    established under section 1101 of the National Parks and
    Recreation Act of 1978 (16 U.S.C. 460m-15) shall be known and
    designated as the ``New River Gorge National Park and
    Preserve'', consisting of--
    (A) the New River Gorge National Park; and
    (B) the New River Gorge National Preserve.
    (2) New river gorge national park.--The boundaries of the
    New River Gorge National Park referred to in paragraph (1)(A)
    shall be the boundaries depicted as ``Proposed National Park
    Area'' on the map entitled ``New River Gorge National Park and
    Preserve Proposed Boundary'', numbered 637/163,199A, and dated
    September 2020.
    (3) New river gorge national preserve; boundary.--The
    boundaries of the New River Gorge National Preserve referred to
    in paragraph (1)(B) shall be the boundaries depicted as
    ``Proposed National Preserve Area'' on the map entitled ``New
    River Gorge National Park and Preserve Proposed Boundary'',
    numbered 637/163,199A, and dated September 2020.

    (c) Administration.--
    (1) In general.--The New River Gorge National Park and
    Preserve shall be administered by the Secretary of the Interior
    (referred to in this section as the ``Secretary'') in accordance
    with--
    (A) this section;
    (B) the laws generally applicable to units of the
    National Park System, including--
    (i) section 100101(a), chapter 1003, and
    sections 100751(a), 100752, 100753, and 102101 of
    title 54, United States Code; and
    (ii) chapter 3201 of title 54, United States
    Code; and
    (C) title XI of the National Parks and Recreation
    Act of 1978 (16 U.S.C. 460m-15 et seq.), except that the
    provisions of section 1106 of that Act (16 U.S.C. 460m-
    20) relating to hunting shall not apply to the New River
    Gorge National Park.
    (2) Hunting and fishing.--
    (A) Hunting.--Hunting within the New River Gorge
    National Preserve shall be administered by the
    Secretary--

    [[Page 3090]]

    (i) in the same manner as hunting was
    administered on the day before the date of
    enactment of this Act in those portions of the New
    River Gorge National River designated as the New
    River Gorge National Preserve by subsection
    (b)(3); and
    (ii) in accordance with--
    (I) section 1106 of the National
    Parks and Recreation Act of 1978 (16
    U.S.C. 460m-20); and
    (II) other applicable laws.
    (B) Fishing.--Fishing within the New River Gorge
    National Park and Preserve shall be administered by the
    Secretary--
    (i) in the same manner as fishing was
    administered within the New River Gorge National
    River on the day before the date of enactment of
    this Act; and
    (ii) in accordance with--
    (I) section 1106 of the National
    Parks and Recreation Act of 1978 (16
    U.S.C. 460m-20); and
    (II) other applicable laws.
    (C) Private land.--Nothing in this section prohibits
    hunting, fishing, or trapping on private land in
    accordance with applicable State and Federal laws.
    (3) Land acquisition.--
    (A) Additional land for national preserve.--
    (i) In general.--The Secretary may acquire
    land or any interest in land identified as
    ``Proposed Additional Lands'' on the map entitled
    ``New River Gorge National Park and Preserve
    Proposed Boundary'', numbered 637/163,199A, and
    dated September 2020, by purchase from a willing
    seller, donation, or exchange.
    (ii) Boundary modification.--On acquisition of
    any land or interest in land under clause (i), the
    Secretary shall--
    (I) modify the boundary of the New
    River Gorge National Preserve to reflect
    the acquisition; and
    (II) administer the land or interest
    in land in accordance with the laws
    applicable to the New River Gorge
    National Preserve.
    (B) Visitor parking.--
    (i) In general.--The Secretary may acquire not
    more than 100 acres of land in the vicinity of the
    New River Gorge National Park and Preserve by
    purchase from a willing seller, donation, or
    exchange to provide for--
    (I) visitor parking; and
    (II) improved public access to the
    New River Gorge National Park and
    Preserve.
    (ii) Administration.--On acquisition of the
    land under clause (i), the acquired land shall be
    administered as part of the New River Gorge
    National Park or the New River Gorge National
    Preserve, as appropriate.
    (4) Commercial recreational watercraft services.--Commercial
    recreational watercraft services within the New River Gorge
    National Park and Preserve shall be administered by the
    Secretary in accordance with section 402 of the West

    [[Page 3091]]

    Virginia National Interest River Conservation Act of 1987 (16
    U.S.C. 460m-15 note; Public Law 100-534).
    (5) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the New
    River Gorge National River shall be considered to be a reference
    to the ``New River Gorge National Park'' or the ``New River
    Gorge National Preserve'', as appropriate.

    (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
    SEC. 203. <>  DESIGNATION
    OF MIRACLE MOUNTAIN.

    (a) Short Title.--This section may be cited as the ``Miracle
    Mountain Designation Act''.
    (b) Findings.--Congress finds as follows:
    (1) On September 13, 2018, the Bald Mountain Fire burned
    nearly 20,000 acres of land in Utah.
    (2) Elk Ridge City, located in Utah County, was nearly the
    victim of this fire.
    (3) Suddenly, the fire halted its progression and, instead
    of burning into Elk Ridge City, stayed behind the mountain and
    spared the city.
    (4) Congress, in acknowledgment of this event, believes this
    mountain holds special significance to the residents of Elk
    Ridge City and surrounding communities.
    (5) The presently unnamed peak has been referred to as
    ``Miracle Mountain'' by many residents since the fire that
    nearly went into Elk Ridge City.

    (c) Designation.--The mountain in the State of Utah, located at 39
    59' 02N, 111 40' 12W, shall be known and designated as ``Miracle
    Mountain''.
    (d) References.--Any reference in a law, map, regulation, document,
    record, or other paper of the United States to the mountain described in
    subsection (c) shall be considered to be a reference to ``Miracle
    Mountain''.

    TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

    Subtitle A--Robert Levinson <>  Hostage Recovery and Hostage-
    taking Accountability Act
    SEC. 301. <>  SHORT TITLE.

    This subtitle may be cited as the ``Robert Levinson Hostage Recovery
    and Hostage-Taking Accountability Act''.
    SEC. 302. <>  ASSISTANCE FOR UNITED STATES
    NATIONALS UNLAWFULLY OR WRONGFULLY
    DETAINED ABROAD.

    (a) <>  Review.--The Secretary of State shall
    review the cases of United States nationals detained abroad to determine
    if there is credible information that they are being detained unlawfully
    or wrongfully, based on criteria which may include whether--
    (1) United States officials receive or possess credible
    information indicating innocence of the detained individual;

    [[Page 3092]]

    (2) the individual is being detained solely or substantially
    because he or she is a United States national;
    (3) the individual is being detained solely or substantially
    to influence United States Government policy or to secure
    economic or political concessions from the United States
    Government;
    (4) the detention appears to be because the individual
    sought to obtain, exercise, defend, or promote freedom of the
    press, freedom of religion, or the right to peacefully assemble;
    (5) the individual is being detained in violation of the
    laws of the detaining country;
    (6) independent nongovernmental organizations or journalists
    have raised legitimate questions about the innocence of the
    detained individual;
    (7) the United States mission in the country where the
    individual is being detained has received credible reports that
    the detention is a pretext for an illegitimate purpose;
    (8) the individual is detained in a country where the
    Department of State has determined in its annual human rights
    reports that the judicial system is not independent or
    impartial, is susceptible to corruption, or is incapable of
    rendering just verdicts;
    (9) the individual is being detained in inhumane conditions;
    (10) due process of law has been sufficiently impaired so as
    to render the detention arbitrary; and
    (11) United States diplomatic engagement is likely necessary
    to secure the release of the detained individual.

    (b) <>  Referrals to the Special Envoy.--Upon
    a determination by the Secretary of State, based on the totality of the
    circumstances, that there is credible information that the detention of
    a United States national abroad is unlawful or wrongful, and regardless
    of whether the detention is by a foreign government or a nongovernmental
    actor, the Secretary shall transfer responsibility for such case from
    the Bureau of Consular Affairs of the Department of State to the Special
    Envoy for Hostage Affairs created pursuant to section 303.

    (c) Report.--
    (1) Annual report.--
    (A) <>  In general.--The
    Secretary of State shall submit to the appropriate
    congressional committees an annual report with respect
    to United States nationals for whom the Secretary
    determines there is credible information of unlawful or
    wrongful detention abroad.
    (B) Form.--The report required under this paragraph
    shall be submitted in unclassified form, but may include
    a classified annex if necessary.
    (2) Composition.--The report required under paragraph (1)
    shall include current estimates of the number of individuals so
    detained, as well as relevant information about particular
    cases, such as--
    (A) the name of the individual, unless the provision
    of such information is inconsistent with section 552a of
    title 5, United States Code (commonly known as the
    ``Privacy Act of 1974'');
    (B) basic facts about the case;
    (C) a summary of the information that such
    individual may be detained unlawfully or wrongfully;

    [[Page 3093]]

    (D) a description of specific efforts, legal and
    diplomatic, taken on behalf of the individual since the
    last reporting period, including a description of
    accomplishments and setbacks; and
    (E) a description of intended next steps.

    (d) Resource Guidance.--
    (1) <>  Establishment.--Not later than 180
    days after the date of the enactment of this Act and after
    consulting with relevant organizations that advocate on behalf
    of United States nationals detained abroad and the Family
    Engagement Coordinator established pursuant to section
    304(c)(2), the Secretary of State shall provide resource
    guidance in writing for government officials and families of
    unjustly or wrongfully detained individuals.
    (2) Content.--The resource guidance required under paragraph
    (1) should include--
    (A) information to help families understand United
    States policy concerning the release of United States
    nationals unlawfully or wrongfully held abroad;
    (B) contact information for officials in the
    Department of State or other government agencies suited
    to answer family questions;
    (C) relevant information about options available to
    help families obtain the release of unjustly or
    wrongfully detained individuals, such as guidance on how
    families may engage with United States diplomatic and
    consular channels to ensure prompt and regular access
    for the detained individual to legal counsel, family
    members, humane treatment, and other services;
    (D) guidance on submitting public or private letters
    from members of Congress or other individuals who may be
    influential in securing the release of an individual;
    and
    (E) appropriate points of contacts, such as legal
    resources and counseling services, who have a record of
    assisting victims' families.
    SEC. 303. <>  SPECIAL ENVOY FOR HOSTAGE
    AFFAIRS.

    (a) <>  Establishment.--There shall be a Special
    Presidential Envoy for Hostage Affairs, who shall be appointed by the
    President, by and with the advice and consent of the Senate, and shall
    report to the Secretary of State.

    (b) Rank.--The Special Envoy shall have the rank and status of
    ambassador.
    (c) Responsibilities.--The Special Presidential Envoy for Hostage
    Affairs shall--
    (1) lead diplomatic engagement on United States hostage
    policy;
    (2) <>  coordinate all diplomatic
    engagements and strategy in support of hostage recovery efforts,
    in coordination with the Hostage Recovery Fusion Cell and
    consistent with policy guidance communicated through the Hostage
    Response Group;
    (3) <>  in coordination with the
    Hostage Recovery Fusion Cell as appropriate, coordinate
    diplomatic engagements regarding cases in which a foreign
    government has detained a United States national and the United
    States Government regards such detention as unlawful or
    wrongful;

    [[Page 3094]]

    (4) provide senior representation from the Special Envoy's
    office to the Hostage Recovery Fusion Cell established under
    section 304 and the Hostage Response Group established under
    section 305; and
    (5) ensure that families of United States nationals
    unlawfully or wrongly detained abroad receive updated
    information about developments in cases and government policy.
    SEC. 304. <>  HOSTAGE RECOVERY FUSION CELL.

    (a) Establishment.--The President shall establish an interagency
    Hostage Recovery Fusion Cell.
    (b) Participation.--The President shall direct the heads of each of
    the following executive departments, agencies, and offices to make
    available personnel to participate in the Hostage Recovery Fusion Cell:
    (1) The Department of State.
    (2) The Department of the Treasury.
    (3) The Department of Defense.
    (4) The Department of Justice.
    (5) The Office of the Director of National Intelligence.
    (6) The Federal Bureau of Investigation.
    (7) The Central Intelligence Agency.
    (8) Other agencies as the President, from time to time, may
    designate.

    (c) Personnel.--The Hostage Recovery Fusion Cell shall include--
    (1) a Director, who shall be a full-time senior officer or
    employee of the United States Government;
    (2) a Family Engagement Coordinator who shall--
    (A) work to ensure that all interactions by
    executive branch officials with a hostage's family occur
    in a coordinated fashion and that the family receives
    consistent and accurate information from the United
    States Government; and
    (B) if directed, perform the same function as set
    out in subparagraph (A) with regard to the family of a
    United States national who is unlawfully or wrongfully
    detained abroad; and
    (3) other officers and employees as deemed appropriate by
    the President.

    (d) <>  Duties.--The Hostage Recovery Fusion
    Cell shall--
    (1) coordinate efforts by participating agencies to ensure
    that all relevant information, expertise, and resources are
    brought to bear to secure the safe recovery of United States
    nationals held hostage abroad;
    (2) if directed, coordinate the United States Government's
    response to other hostage-takings occurring abroad in which the
    United States has a national interest;
    (3) if directed, coordinate or assist the United States
    Government's response to help secure the release of United
    States nationals unlawfully or wrongfully detained abroad; and
    (4) pursuant to policy guidance coordinated through the
    National Security Council--
    (A) identify and recommend hostage recovery options
    and strategies to the President through the National
    Security Council or the Deputies Committee of the
    National Security Council;

    [[Page 3095]]

    (B) <>  coordinate efforts by
    participating agencies to ensure that information
    regarding hostage events, including potential recovery
    options and engagements with families and external
    actors (including foreign governments), is appropriately
    shared within the United States Government to facilitate
    a coordinated response to a hostage-taking;
    (C) <>  assess and track all
    hostage-takings of United States nationals abroad and
    provide regular reports to the President and Congress on
    the status of such cases and any measures being taken
    toward the hostages' safe recovery;
    (D) provide a forum for intelligence sharing and,
    with the support of the Director of National
    Intelligence, coordinate the declassification of
    relevant information;
    (E) coordinate efforts by participating agencies to
    provide appropriate support and assistance to hostages
    and their families in a coordinated and consistent
    manner and to provide families with timely information
    regarding significant events in their cases;
    (F) <>  make
    recommendations to agencies in order to reduce the
    likelihood of United States nationals' being taken
    hostage abroad and enhance United States Government
    preparation to maximize the probability of a favorable
    outcome following a hostage-taking; and
    (G) <>  coordinate with
    agencies regarding congressional, media, and other
    public inquiries pertaining to hostage events.

    (e) Administration.--The Hostage Recovery Fusion Cell shall be
    located within the Federal Bureau of Investigation for administrative
    purposes.
    SEC. 305. <>  HOSTAGE RESPONSE GROUP.

    (a) <>  Establishment.--The
    President shall establish a Hostage Response Group, chaired by a
    designated member of the National Security Council or the Deputies
    Committee of the National Security Council, to be convened on a regular
    basis, to further the safe recovery of United States nationals held
    hostage abroad or unlawfully or wrongfully detained abroad, and to be
    tasked with coordinating the United States Government response to other
    hostage-takings occurring abroad in which the United States has a
    national interest.

    (b) Membership.--The regular members of the Hostage Response Group
    shall include the Director of the Hostage Recovery Fusion Cell, the
    Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
    Special Envoy appointed pursuant to section 303, and representatives
    from the Department of the Treasury, the Department of Defense, the
    Department of Justice, the Federal Bureau of Investigation, the Office
    of the Director of National Intelligence, the Central Intelligence
    Agency, and other agencies as the President, from time to time, may
    designate.
    (c) Duties.--The Hostage Recovery Group shall--
    (1) <>  identify and recommend
    hostage recovery options and strategies to the President through
    the National Security Council;

    [[Page 3096]]

    (2) <>  coordinate the development and
    implementation of United States hostage recovery policies,
    strategies, and procedures;
    (3) receive regular updates from the Hostage Recovery Fusion
    Cell and the Special Envoy for Hostage Affairs on the status of
    United States nationals being held hostage or unlawfully or
    wrongfully detained abroad and measures being taken to effect
    safe recoveries;
    (4) <>  coordinate the provision of
    policy guidance to the Hostage Recovery Fusion Cell, including
    reviewing recovery options proposed by the Hostage Recovery
    Fusion Cell and working to resolve disputes within the Hostage
    Recovery Fusion Cell;
    (5) as appropriate, direct the use of resources at the
    Hostage Recovery Fusion Cell to coordinate or assist in the safe
    recovery of United States nationals unlawfully or wrongfully
    detained abroad; and
    (6) as appropriate, direct the use of resources at the
    Hostage Recovery Fusion Cell to coordinate the United States
    Government response to other hostage-takings occurring abroad in
    which the United States has a national interest.

    (d) Meetings.--The Hostage Response Group shall meet regularly.
    (e) Reporting.--The Hostage Response Group shall regularly provide
    recommendations on hostage recovery options and strategies to the
    National Security Council.
    SEC. 306. <>  AUTHORIZATION OF IMPOSITION OF
    SANCTIONS.

    (a) <>  In General.--The President
    may impose the sanctions described in subsection (b) with respect to any
    foreign person the President determines, based on credible evidence--
    (1) is responsible for or is complicit in, or responsible
    for ordering, controlling, or otherwise directing, the hostage-
    taking of a United States national abroad or the unlawful or
    wrongful detention of a United States national abroad; or
    (2) knowingly provides financial, material, or technological
    support for, or goods or services in support of, an activity
    described in paragraph (1).

    (b) Sanctions Described.--The sanctions described in this subsection
    are the following:
    (1) Ineligibility for visas, admission, or parole.--
    (A) Visas, admission, or parole.--An alien described
    in subsection (a) may be--
    (i) inadmissible to the United States;
    (ii) ineligible to receive a visa or other
    documentation to enter the United States; and
    (iii) otherwise ineligible to be admitted or
    paroled into the United States or to receive any
    other benefit under the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).
    (B) Current visas revoked.--
    (i) In general.--An alien described in
    subsection (a) may be subject to revocation of any
    visa or other entry documentation regardless of
    when the visa or other entry documentation is or
    was issued.
    (ii) Immediate effect.--A revocation under
    clause (i) may--
    (I) take effect immediately; and

    [[Page 3097]]

    (II) cancel any other valid visa or
    entry documentation that is in the
    alien's possession.
    (2) Blocking of property.--
    (A) <>  In general.--The President
    may exercise all of the powers granted to the President
    under the International Emergency Economic Powers Act
    (50 U.S.C. 1701 et seq.), to the extent necessary to
    block and prohibit all transactions in property and
    interests in property of a foreign person described in
    subsection (a) if such property and interests in
    property are in the United States, come within the
    United States, or are or come within the possession or
    control of a United States person.
    (B) Inapplicability of national emergency
    requirement.--The requirements of section 202 of the
    International Emergency Economic Powers Act (50 U.S.C.
    1701) shall not apply for purposes of this section.

    (c) Exceptions.--
    (1) Exception for intelligence activities.--Sanctions under
    this section shall not apply to any activity subject to the
    reporting requirements under title V of the National Security
    Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
    intelligence activities of the United States.
    (2) Exception to comply with international obligations and
    for law enforcement activities.--Sanctions under subsection
    (b)(1) shall not apply with respect to an alien if admitting or
    paroling the alien into the United States is necessary--
    (A) to permit the United States to comply with the
    Agreement regarding the Headquarters of the United
    Nations, signed at Lake Success June 26, 1947, and
    entered into force November 21, 1947, between the United
    Nations and the United States, or other applicable
    international obligations; or
    (B) to carry out or assist law enforcement activity
    in the United States.

    (d) Penalties.--A person that violates, attempts to violate,
    conspires to violate, or causes a violation of subsection (b)(2) or any
    regulation, license, or order issued to carry out that subsection shall
    be subject to the penalties set forth in subsections (b) and (c) of
    section 206 of the International Emergency Economic Powers Act (50
    U.S.C. 1705) to the same extent as a person that commits an unlawful act
    described in subsection (a) of that section.
    (e) <>  Termination of Sanctions.--
    The President may terminate the application of sanctions under this
    section with respect to a person if the President determines that--
    (1) information exists that the person did not engage in the
    activity for which sanctions were imposed;
    (2) the person has been prosecuted appropriately for the
    activity for which sanctions were imposed;
    (3) the person has credibly demonstrated a significant
    change in behavior, has paid an appropriate consequence for the
    activity for which sanctions were imposed, and has credibly
    committed to not engage in an activity described in subsection
    (a) in the future; or
    (4) the termination of the sanctions is in the national
    security interests of the United States.

    [[Page 3098]]

    (f) <>  Reporting Requirement.--If the President
    terminates sanctions pursuant to subsection (d), the President shall
    report to the appropriate congressional committees a written
    justification for such termination within 15 days.

    (g) <>  Implementation of Regulatory Authority.--
    The President may exercise all authorities provided under sections 203
    and 205 of the International Emergency Economic Powers Act (50 U.S.C.
    1702 and 1704) to carry out this section.

    (h) Exception Relating to Importation of Goods.--
    (1) In general.--The authorities and requirements to impose
    sanctions authorized under this subtitle shall not include the
    authority or a requirement to impose sanctions on the
    importation of goods.
    (2) Good defined.--In this paragraph, the term ``good''
    means any article, natural or manmade substance, material,
    supply or manufactured product, including inspection and test
    equipment, and excluding technical data.

    (i) Definitions.--In this section:
    (1) Foreign person.--The term ``foreign person'' means--
    (A) any citizen or national of a foreign country
    (including any such individual who is also a citizen or
    national of the United States); or
    (B) any entity not organized solely under the laws
    of the United States or existing solely in the United
    States.
    (2) United states person.--The term ``United States person''
    means--
    (A) an individual who is a United States citizen or
    an alien lawfully admitted for permanent residence to
    the United States;
    (B) an entity organized under the laws of the United
    States or any jurisdiction within the United States,
    including a foreign branch of such an entity; or
    (C) any person in the United States.
    SEC. 307. <>  DEFINITIONS.

    In this Act:
    (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
    (A) the Committee on Foreign Relations, the
    Committee on Appropriations, the Committee on Banking,
    Housing, and Urban Affairs, the Committee on the
    Judiciary, the Committee on Armed Services, and the
    Select Committee on Intelligence of the United States
    Senate; and
    (B) the Committee on Foreign Affairs, the Committee
    on Appropriations, the Committee on Financial Services,
    the Committee on the Judiciary, the Committee on Armed
    Services, and the Permanent Select Committee on
    Intelligence of the House of Representatives.
    (2) United states national.--The term ``United States
    national'' means--
    (A) a United States national as defined in section
    101(a)(22) or section 308 of the Immigration and
    Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408);
    and
    (B) a lawful permanent resident alien with
    significant ties to the United States.

    [[Page 3099]]

    SEC. 308. <>  RULE OF CONSTRUCTION.

    Nothing in this Act may be construed to authorize a private right of
    action.

    Subtitle B--Taiwan <>  Assurance
    Act of 2020
    SEC. 311. <>  SHORT TITLE.

    This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.
    SEC. 312. FINDINGS.

    Congress makes the following findings:
    (1) April 10, 2019, marked the 40th anniversary of the
    Taiwan Relations Act of 1979 (Public Law 96-8).
    (2) Since 1949, the close relationship between the United
    States and Taiwan has benefitted both parties and the broader
    Indo-Pacific region.
    (3) The security of Taiwan and its democracy are key
    elements of continued peace and stability of the greater Indo-
    Pacific region, which is in the political, security, and
    economic interests of the United States.
    (4) The People's Republic of China is currently engaged in a
    comprehensive military modernization campaign to enhance the
    power-projection capabilities of the People's Liberation Army
    and its ability to conduct joint operations, which is shifting
    the military balance of power across the Taiwan Strait.
    (5) Taiwan and its diplomatic partners continue to face
    sustained pressure and coercion from the People's Republic of
    China, which seeks to isolate Taiwan from the international
    community.
    (6) It is the policy of the United States to reinforce its
    commitments to Taiwan under the Taiwan Relations Act in a manner
    consistent with the ``Six Assurances'' and in accordance with
    the United States ``One China'' policy.
    (7) In the Taiwan Travel Act, which became law on March 16,
    2018, Congress observed that the ``self-imposed restrictions
    that the United States maintains on high-level visits'' between
    the United States and Taiwan have resulted in insufficient high-
    level communication.
    SEC. 313. SENSE OF CONGRESS.

    It is the sense of Congress that--
    (1) Taiwan is a vital part of the United States Free and
    Open Indo-Pacific Strategy;
    (2) the United States Government--
    (A) supports Taiwan's continued pursuit of
    asymmetric capabilities and concepts; and
    (B) urges Taiwan to increase its defense spending in
    order to fully resource its defense strategy; and
    (3) the United States should conduct regular sales and
    transfers of defense articles to Taiwan in order to enhance its
    self-defense capabilities, particularly its efforts to develop
    and integrate asymmetric capabilities, including undersea
    warfare and air defense capabilities, into its military forces.

    [[Page 3100]]

    SEC. 314. <>  TAIWAN'S INCLUSION IN
    INTERNATIONAL ORGANIZATIONS.

    (a) Sense of Congress.--It is the sense of Congress that the
    People's Republic of China's attempts to dictate the terms of Taiwan's
    participation in international organizations, has, in many cases,
    resulted in Taiwan's exclusion from such organizations even when
    statehood is not a requirement, and that such exclusion--
    (1) is detrimental to global health, civilian air safety,
    and efforts to counter transnational crime;
    (2) negatively impacts the safety and security of citizens
    globally; and
    (3) negatively impacts the security of Taiwan and its
    democracy.

    (b) Statement of Policy.--It is the policy of the United States to
    advocate for Taiwan's meaningful participation in the United Nations,
    the World Health Assembly, the International Civil Aviation
    Organization, the International Criminal Police Organization, and other
    international bodies, as appropriate, and to advocate for Taiwan's
    membership in the Food and Agriculture Organization, the United Nations
    Educational, Scientific and Cultural Organization, and other
    international organizations for which statehood is not a requirement for
    membership.
    SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.

    (a) <>  In General.--Not later than 180 days after
    the date of the enactment of this Act, the Secretary of State shall
    conduct a review of the Department of State's guidance that governs
    relations with Taiwan, including the periodic memorandum entitled
    ``Guidelines on Relations with Taiwan'' and related documents, and
    reissue such guidance to executive branch departments and agencies.

    (b) Sense of Congress.--It is the sense of Congress that the
    Department of State's guidance regarding relations with Taiwan--
    (1) should be crafted with the intent to deepen and expand
    United States-Taiwan relations, and be based on the value,
    merits, and importance of the United States-Taiwan relationship;
    (2) should be crafted giving due consideration to the fact
    that Taiwan is governed by a representative democratic
    government that is peacefully constituted through free and fair
    elections that reflect the will of the people of Taiwan, and
    that Taiwan is a free and open society that respects universal
    human rights and democratic values; and
    (3) should ensure that the conduct of relations with Taiwan
    reflects the longstanding, comprehensive, and values-based
    relationship the United States shares with Taiwan, and
    contribute to the peaceful resolution of cross-strait issues.

    (c) Reporting Requirements.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of State shall submit to the
    Committee on Foreign Relations of the Senate and the Committee on
    Foreign Affairs of the House of Representatives a report that includes a
    description of--
    (1) the results of the review pursuant to subsection (a) of
    the Department of State's guidance on relations with Taiwan,
    including a copy of the reissued ``Guidelines of Relations with
    Taiwan'' memorandum; and

    [[Page 3101]]

    (2) the implementation of the Taiwan Travel Act (Public Law
    115-135) and any changes to guidance on relations with Taiwan
    that are the result of such implementation.

    Subtitle C--Support <>  for Human Rights in Belarus
    SEC. 321. <>  SHORT TITLE.

    This subtitle may be cited as the ``Belarus Democracy, Human Rights,
    and Sovereignty Act of 2020''.
    SEC. 322. FINDINGS.

    Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 2. FINDINGS.

    ``Congress finds the following:
    ``(1) The International Covenant on Civil and Political
    Rights, done at New York December 19, 1966, was ratified by
    Belarus in 1973, guaranteeing Belarusians the freedom of
    expression and the freedom of association.
    ``(2) Alyaksandr Lukashenka has ruled Belarus as an
    undemocratic dictatorship since the first presidential election
    in Belarus in 1994.
    ``(3) Subsequent presidential elections in Belarus have been
    neither free nor fair and have been rejected by the
    international community as not meeting minimal electoral
    standards, with the jailing of opposition activists frequently
    used as a tool of government repression before and after the
    elections.
    ``(4) In response to the repression and violence during the
    2006 presidential election, Congress passed the Belarus
    Democracy Reauthorization Act of 2006 (Public Law 109-480).
    ``(5) In 2006, President George W. Bush issued Executive
    Order 13405, titled `Blocking Property of Certain Persons
    Undermining Democratic Processes or Institutions in Belarus',
    which authorized the imposition of sanctions against persons
    responsible for--
    ``(A) undermining democratic processes in Belarus;
    or
    ``(B) participating in human rights abuses related
    to political repression in Belarus.
    ``(6) In March 2011, the Senate unanimously passed Senate
    Resolution 105, which--
    ``(A) condemned the December 2010 election in
    Belarus as `illegitimate, fraudulent, and not
    representative of the will or the aspirations of the
    voters in Belarus'; and
    ``(B) called on the Lukashenka regime `to
    immediately and unconditionally release all political
    prisoners in Belarus who were arrested in association
    with the December 19, 2010, election'.
    ``(7) The Government of Belarus, led illegally by Alyaksandr
    Lukashenka, continues to engage in a pattern of clear and
    persistent violations of human rights and fundamental freedoms.
    ``(8) The Government of Belarus, led illegally by Alyaksandr
    Lukashenka, continues to engage in a pattern of clear and

    [[Page 3102]]

    uncorrected violations of basic principles of democratic
    governance, including through a series of fundamentally flawed
    presidential and parliamentary elections undermining the
    legitimacy of executive and legislative authority in that
    country.
    ``(9) The Government of Belarus, led illegally by Alyaksandr
    Lukashenka, continues to subject thousands of pro-democracy
    political activists and peaceful protesters to harassment,
    beatings, and imprisonment, particularly as a result of their
    attempts to peacefully exercise their right to freedom of
    assembly and association.
    ``(10) The Government of Belarus, led illegally by
    Alyaksandr Lukashenka, continues to suppress independent media
    and journalists and to restrict access to the internet,
    including social media and other digital communication
    platforms, in violation of the right to freedom of speech and
    expression of those dissenting from the dictatorship of
    Alyaksandr Lukashenka.
    ``(11) The Government of Belarus, led illegally by
    Alyaksandr Lukashenka, continues a systematic campaign of
    harassment, repression, and closure of nongovernmental
    organizations, including independent trade unions and
    entrepreneurs, creating a climate of fear that inhibits the
    development of civil society and social solidarity.
    ``(12) The Government of Belarus, led illegally by
    Alyaksandr Lukashenka, has pursued a policy undermining the
    country's sovereignty and independence by making Belarus
    political, economic, cultural, and societal interests
    subservient to those of Russia.
    ``(13) The Government of Belarus, led illegally by
    Alyaksandr Lukashenka, continues to reduce the independence of
    Belarus through integration into a so-called `Union State' that
    is under the control of Russia.
    ``(14) In advance of the August 2020 presidential elections
    in Belarus, authorities acting on behalf of President Lukashenka
    arrested journalists, bloggers, political activists, and
    opposition leaders, including 3 leading presidential candidates
    (Syarhey Tsikhanouski, Mikalay Statkevich, and Viktar Babaryka),
    who were barred from running in the election by the Central
    Election Commission of the Republic of Belarus.
    ``(15) While the 3 opposition candidates were imprisoned, 2
    of their wives and 1 of their campaign managers (Sviatlana
    Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava) joined
    together and ran in place of the candidates.
    ``(16) Thousands of Belarusian people demonstrated their
    support for these candidates by attending rallies, including 1
    rally that included an estimated 63,000 participants.
    ``(17) On August, 5, 2020, the Senate unanimously passed
    Senate Resolution 658, which calls for a free, fair, and
    transparent presidential election in Belarus, including the
    unimpeded participation of all presidential candidates.
    ``(18) On August 9, 2020, the Government of Belarus
    conducted a presidential election that--
    ``(A) was held under undemocratic conditions that
    did not meet international standards;
    ``(B) involved government malfeasance and serious
    irregularities with ballot counting and the reporting of
    election results, including--

    [[Page 3103]]

    ``(i) early voting ballot stuffing;
    ``(ii) ballot burning;
    ``(iii) pressuring poll workers; and
    ``(iv) removing bags full of ballots by
    climbing out of windows;
    ``(C) included restrictive measures that impeded the
    work of local independent observers and did not provide
    sufficient notice to the OSCE to allow for the OSCE to
    monitor the elections, as is customary.
    ``(19) Incumbent president Alyaksandr Lukashenka declared a
    landslide victory in the election and claimed to have received
    more than 80 percent of the votes cast in the election.
    ``(20) The leading opposition candidate, Sviatlana
    Tsikhanouskaya--
    ``(A) formally disputed the government's reported
    election results;
    ``(B) explained that her staff had examined the
    election results from more than 50 polling places; and
    ``(C) found that her share of the vote exceeded
    Lukashenka's share by many times.
    ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was
    detained while attending a meeting with the Central Election
    Commission of the Republic of Belarus and forced to flee to
    Lithuania under pressure from government authorities.
    ``(22) On August 11, 2020, Lithuanian Foreign Minister Linas
    Linkevicius announced that Sviatlana Tsikhanouskaya was safe in
    Lithuania and has continued to be one of the strongest voices
    supporting the pro-democracy movement in Belarus within the
    European Union and globally.
    ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya
    announced the formation of a Coordination Council to oversee a
    resolution to the crisis in Belarus and a peaceful transition of
    power by subjecting the Council's senior members to violence,
    detention, and forced exile. The Government of Belarus, led
    illegally by Alyaksandr Lukashenka, has sought to stop the work
    of the Coordination Council.
    ``(24) Before the European Parliament on August 25, 2020,
    Sviatlana Tsikhanouskaya stressed that a `peaceful revolution'
    was underway in Belarus, and that `It is neither a pro-Russian
    nor anti-Russian revolution. It is neither an anti-European
    Union nor a pro-European Union revolution. It is a democratic
    revolution.'.
    ``(25) On or around September 6, 2020, opposition leader
    Maria Kalesnikava and members of the Coordination Council,
    including Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov,
    were detained by authorities who sought to forcibly expel them
    to Ukraine. Ms. Kalesnikava tore up her passport at the
    Ukrainian border in a successful effort to prevent this
    expulsion, subsequently disappeared, and was discovered in a
    Minsk prison on September 9, 2020.
    ``(26) On August 11, 2020, the European Union High
    Representative for Foreign and Security Policy, Josep Borrell,
    issued a declaration on the presidential election in Belarus
    stating that the elections were neither free nor fair.

    [[Page 3104]]

    ``(27) On August 28, 2020, United States Deputy Secretary of
    State Stephen Biegun declared that the August 9th election in
    Belarus was fraudulent.
    ``(28) Following Alyaksandr Lukashenka's September 23, 2020,
    secret inauguration, the United States, the European Union,
    numerous European Union member states, the United Kingdom, and
    Canada announced that they did not recognize Mr. Lukashenka as
    the legitimately elected leader of Belarus.
    ``(29) Since the sham election on August 9, 2020, tens of
    thousands of Belarusian citizens have participated in daily
    peaceful protests calling for a new, free, and fair election,
    and the release of political prisoners.
    ``(30) According to Amnesty International, on August 30,
    2020, Belarusians held one of the largest protest rallies in the
    country's modern history in Minsk and in other cities, which was
    attended by at least 100,000 people who demanded the resignation
    of President Lukashenka and an investigation into the human
    rights violations in Belarus.
    ``(31) Women have served as the leading force in
    demonstrations across the country, protesting the police
    brutality and mass detentions by wearing white, carrying
    flowers, forming `solidarity chains', and unmasking undercover
    police trying to arrest demonstrators.
    ``(32) The Government of Belarus has responded to the
    peaceful opposition protests, which are the largest in Belarus
    history, with a violent crackdown, including, according to the
    United Nations Special Rapporteur, the detention by government
    authorities of more than 10,000 peaceful protestors as of
    September 18, 2020, mostly for taking part in or observing
    peaceful protests, with many of these arrests followed by
    beatings and torture at the hands of Belarusian law enforcement.
    ``(33) According to the Viasna Human Rights Centre, at least
    450 detainees have reported being tortured or otherwise ill-
    treated while held in incommunicado detention for up to 10 days,
    including through--
    ``(A) severe beatings;
    ``(B) forced performance of humiliating acts; and
    ``(C) sexual violence and other forms of violence.
    ``(34) At least 4 Belarusians have been killed at protests,
    and dozens of Belarusians who were detained during the protests
    are still missing.
    ``(35) The Belarus Ministry of Defense threatened to send
    the army to confront protestors, warning that in case of any
    violation of peace and order in areas around national monuments,
    `you will have the army to deal with now, not the police'.
    ``(36) The Government of Belarus, led illegally by
    Alyaksandr Lukashenka, has consistently restricted the free flow
    of information to silence the opposition and to conceal the
    regime's violent crackdown on peaceful protestors, including
    by--
    ``(A) stripping the accreditation of journalists
    from major foreign news outlets;
    ``(B) detaining and harassing countless journalists.
    ``(C) arresting dozens of journalists, 6 of whom
    report for Radio Free Europe/Radio Liberty;

    [[Page 3105]]

    ``(D) halting the publishing of 2 independent
    newspapers; and
    ``(E) disrupting internet access;
    ``(F) blocking more than 50 news websites that were
    covering the protests; and
    ``(G) limiting access to social media and other
    digital communication platforms.
    ``(37) Internet access in Belarus has been repeatedly
    disrupted and restricted since August 9, 2020, which independent
    experts and monitoring groups have attributed to government
    interference.
    ``(38) Thousands of employees at Belarusian state-owned
    enterprises, who have been seen as Alyaksandr Lukashenka's
    traditional base during his 26-year rule, went on strike across
    the country to protest Lukashenka's illegitimate election and
    the subsequent crackdowns, including at some of Belarus's
    largest factories such as the BelAZ truck plant, the Minsk
    Tractor Works, and the Minsk Automobile Plant.
    ``(39) After the employees of state media outlets walked off
    the job in protest rather than help report misleading government
    propaganda, Lukashenka confirmed that he `asked the Russians' to
    send teams of Russian journalists to replace local employees.
    ``(40) On August 19, 2020, European Council President
    Charles Michel announced that the European Union would impose
    sanctions on a substantial number of individuals responsible for
    violence, repression, and election fraud in Belarus.
    ``(41) On October 2, 2020, the Department of Treasury
    announced new sanctions under Executive Order 13405 on eight
    individuals `for their roles in the fraudulent August 9, 2020
    Belarus presidential election or the subsequent violent
    crackdown on peaceful protesters'.
    ``(42) Similar sanctions have also been applied to
    Belarusian human rights violators by the Government of Canada
    and the Government of the United Kingdom.
    ``(43) Against the will of the majority of the Belarusian
    people--
    ``(A) Alyaksandr Lukashenka appealed to Russian
    President Vladimir Putin to provide security assistance
    to his government, if requested; and
    ``(B) President Putin has agreed to prop up the
    Alyaksandr Lukashenka regime by--
    ``(i) confirming that a Russian police force
    was ready to be deployed if `the situation gets
    out of control';
    ``(ii) providing significant financial
    support; and
    ``(iii) sending Russian propagandists to help
    disseminate pro-regime propaganda on Belarus state
    television.
    ``(44) The Governments of the United States, the European
    Union, the United Kingdom, and Canada have--
    ``(A) condemned the violent crackdown on peaceful
    protestors;
    ``(B) refused to accept the results of the
    fraudulent election; and
    ``(C) called for new free and fair elections under
    independent observation.''.

    [[Page 3106]]

    SEC. 323. STATEMENT OF POLICY.

    Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 3. STATEMENT OF POLICY.

    ``It is the policy of the United States--
    ``(1) to condemn--
    ``(A) the conduct of the August 9, 2020,
    presidential election in Belarus, which was neither free
    nor fair;
    ``(B) the Belarusian authorities' unrelenting
    crackdown on, arbitrary arrests of, and violence against
    opposition candidates, peaceful protestors, human rights
    activists, employees from state-owned enterprises
    participating in strikes, independent election
    observers, and independent journalists and bloggers; and
    ``(C) the unjustified detention and forced or
    attempted expulsion of members of the Coordination
    Council in Belarus;
    ``(2) to continue demanding the immediate release without
    preconditions of all political prisoners in Belarus and those
    arrested for peacefully protesting, including all those
    individuals detained in connection with the August 9, 2020,
    presidential election;
    ``(3) to stand in solidarity with the people of Belarus,
    including human rights defenders, bloggers, and journalists, who
    are exercising their right to freedom of assembly, freedom of
    expression, and rule of law and to continue supporting the
    aspirations of the people of Belarus for democracy, human
    rights, and the rule of law;
    ``(4) to continue actively supporting the aspirations of the
    people of the Republic of Belarus--
    ``(A) to preserve the independence and sovereignty
    of their country; and
    ``(B) to freely exercise their religion, including
    the head of the Catholic Church in Belarus, Archbishop
    Tadeusz Kondrusiewicz, who was barred from entering the
    country after criticizing Belarusian authorities;
    ``(5) to recognize the leading role of women in the peaceful
    protests and pro-democracy movement in Belarus;
    ``(6) to continue--
    ``(A) rejecting the invalid results of the
    fraudulent August 9, 2020 presidential election in
    Belarus announced by the Central Election Commission of
    the Republic of Belarus; and
    ``(B) supporting calls for new presidential and
    parliamentary elections, conducted in a manner that is
    free and fair according to OSCE standards and under the
    supervision of OSCE observers and independent domestic
    observers;
    ``(7) to refuse to recognize Alyaksandr Lukashenka as the
    legitimately elected leader of Belarus;
    ``(8) to not recognize any incorporation of Belarus into a
    `Union State' with Russia, since this so-called `Union State'
    would be both an attempt to absorb Belarus and a step to
    reconstituting the totalitarian Soviet Union;
    ``(9) to continue calling for the fulfillment by the
    Government of Belarus of Belarus's freely undertaken obligations
    as

    [[Page 3107]]

    an OSCE participating state and as a signatory of the Charter of
    the United Nations;
    ``(10) to support an OSCE role in mediating a dialogue
    within Belarus between the government and genuine
    representatives of Belarusian society;
    ``(11) to recognize the Coordination Council as a legitimate
    institution to participate in a dialogue on a peaceful
    transition of power;
    ``(12) to applaud the commitment by foreign diplomats in
    Minsk to engage with Coordination Council member and Nobel
    Laureate, Svetlana Alexievich, and to encourage an ongoing
    dialogue with her and with other leaders of the democratically-
    oriented political opposition in Belarus;
    ``(13) to urge an expanded United States diplomatic presence
    in Belarus to advocate for the aspirations of the people of
    Belarus for democracy, human rights, and the rule of law;
    ``(14) to encourage the United States Government--
    ``(A) to continue working closely with the European
    Union, the United Kingdom, Canada, and other countries
    and international organizations to promote the
    principles of democracy, the rule of law, and human
    rights in Belarus; and
    ``(B) <>  to impose targeted
    sanctions, in coordination with the European Union and
    other international partners, against officials in
    Belarus who are responsible for--
    ``(i) undermining democratic processes in
    Belarus; or
    ``(ii) participating in human rights abuses
    related to political repression in Belarus;
    ``(15) to call on the Government of Belarus to uphold its
    human rights obligations, including those rights enumerated in
    the International Covenant on Civil and Political Rights; and
    ``(16) to support--
    ``(A) the continued territorial integrity of
    Belarus; and
    ``(B) the right of the Belarusian people to
    determine their future.''.
    SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND
    SOVEREIGNTY IN BELARUS.

    Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
    (1) by amending the section heading to read as follows:
    ``assistance to promote democracy, civil society, and sovereignty in belarus
    .'';
    (2) in subsection (a)--
    (A) in paragraph (1), by striking ``European'' and
    inserting ``Trans-Atlantic''; and
    (B) by redesignating paragraphs (2) and (3) as
    paragraphs (3) and (4), respectively; and
    (C) by inserting after paragraph (1) the following:
    ``(2) To assist the people of Belarus in building the
    sovereignty and independence of their country.'';
    (3) in subsection (b)--
    (A) by inserting ``and Belarusian groups outside of
    Belarus'' after ``indigenous Belarusian groups''; and
    (B) by inserting ``and Belarusian sovereignty''
    before the period at the end;

    [[Page 3108]]

    (4) in subsection (c)--
    (A) by striking paragraph (8);
    (B) by redesignating paragraphs (3) through (7) as
    paragraphs (4) through (8), respectively;
    (C) by inserting after paragraph (2) the following:
    ``(3) countering internet censorship and repressive
    surveillance technology that seek to limit free association,
    control access to information, and prevent citizens from
    exercising their rights to free speech;'';
    (D) in paragraph (8), as redesignated, by striking
    ``and'' at the end; and
    (E) by adding at the end the following:
    ``(9) supporting the work of women advocating freedom, human
    rights, and human progress;
    ``(10) supporting the development of Belarusian language
    education;
    ``(11) enhancing the development of the private sector,
    particularly the information technology sector, and its role in
    the economy of Belarus, including by increasing the capacity of
    private sector actors, developing business support
    organizations, offering entrepreneurship training, and expanding
    access to finance for small and medium enterprises;
    ``(12) supporting political refugees in neighboring European
    countries fleeing the crackdown in Belarus;
    ``(13) supporting the gathering of evidence on and
    investigating of the human rights abuses in Belarus;
    ``(14) supporting the public health response, including
    filling the information void, in Belarus during the COVID-19
    pandemic; and
    ``(15) other activities consistent with the purposes of this
    Act.'';
    (5) by redesignating subsection (d) as subsection (g);
    (6) by inserting after subsection (c) the following:

    ``(d) Sense of Congress.--It is the sense of Congress that, in light
    of the political crisis in Belarus and the unprecedented mobilization of
    the Belarusian people, United States foreign assistance to Belarusian
    civil society should be reevaluated and increased--
    ``(1) to carry out the purposes described in subsection (a);
    and
    ``(2) to include the activities described in subsection (c).

    ``(e) Coordination With European Partners.--In order to maximize
    impact, eliminate duplication, and further the achievement of the
    purposes described in subsection (a), the Secretary of State shall
    ensure coordination with the European Union and its institutions, the
    governments of countries that are members of the European Union, the
    United Kingdom, and Canada.
    ``(f) Report on Assistance.--Not later than 1 year after the date of
    the enactment of the Belarus Democracy, Human Rights, and Sovereignty
    Act of 2020, the Secretary of State, acting through the Office of the
    Coordinator of U.S. Assistance to Europe and Eurasia, and in
    coordination with the Administrator of the United States Agency for
    International Development, shall submit a report to the appropriate
    congressional committees describing the programs and activities carried
    out to achieve the purposes described in subsection (a), including an
    assessment of whether or not progress was made in achieving those
    purposes.''; and

    [[Page 3109]]

    (7) in subsection (g), as redesignated--
    (A) in the subsection heading, by striking
    ``Authorization of Appropriations'' and all that follows
    through ``There are'' and inserting ``Authorization of
    Appropriations.--There are'';
    (B) by striking ``fiscal years 2007 and 2008'' and
    inserting ``fiscal years 2021 and 2022''; and
    (C) by striking paragraph (2).
    SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS
    TO INFORMATION IN BELARUS.

    Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS
    TO INFORMATION IN BELARUS.

    ``(a) Sense of Congress.--It is the sense of Congress that--
    ``(1) <>  the President should support and
    reallocate resources to radio, television, and internet
    broadcasting conducted by Radio Free Europe/Radio Liberty in
    languages spoken in Belarus;
    ``(2) the United States should also support other
    independent media providing objective information to the
    Belarusian people, particularly in the Belarusian language;
    ``(3) <>  the President should provide the
    United States Agency for Global Media with a surge capacity (as
    such term is defined in section 316 of the United States
    International Broadcasting Act (22 U.S.C. 6216)) for programs
    and activities in Belarus;
    ``(4) the Chief Executive Officer of the United States
    Agency for Global Media, working through the Open Technology
    Fund and in coordination with the Secretary of State, should
    expand and prioritize efforts to provide anti-censorship
    technology and services to journalists and civil society in
    Belarus in order to enhance their ability to safely access or
    share digital news and information without fear of repercussions
    or surveillance; and
    ``(5) the United States should continue to condemn the
    Belarusian authorities' crackdown on independent media,
    including the harassment and mass detentions of independent and
    foreign journalists and the denial of accreditation.

    ``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom,
    and Access to Information in Belarus.--
    ``(1) <>  In general.--Not later than 120
    days after the date of the enactment of the Belarus Democracy,
    Human Rights, and Sovereignty Act of 2020, the Chief Executive
    Officer of the United States Agency for Global Media and the
    Secretary of State shall jointly submit to the appropriate
    congressional committees a comprehensive strategy, including a
    cost estimate, to carry out the following:
    ``(A) Expand independent radio, television, live
    stream, and social network broadcasting and
    communications in Belarus to provide news and
    information, particularly in the Belarusian language,
    that is credible, comprehensive, and accurate.
    ``(B) Support the development and use of anti-
    censorship and circumvention technologies by the Open
    Technology Fund and the Bureau of Democracy Human Rights

    [[Page 3110]]

    and Labor that enable the citizens of Belarus to
    communicate securely and undertake internet activities
    without interference from the Government of Belarus.
    ``(C) Assist efforts to overcome attempts by the
    Government of Belarus to disrupt internet access and
    block content online.
    ``(D) Monitor the cooperation of the Government of
    Belarus with any foreign government or organization for
    purposes related to the censorship or surveillance of
    the internet, including an assessment of any such
    cooperation in the preceding ten years.
    ``(E) Monitor the purchase or receipt by the
    Government of Belarus of any technology or training from
    any foreign government or organization for purposes
    related to the censorship or surveillance of the
    internet, including an assessment of any such purchase
    or receipt in the preceding ten years.
    ``(F) Assist with the protection of journalists who
    have been targeted for free speech activities, including
    through the denial of accreditation.
    ``(G) Provide cyber-attack mitigation services to
    civil society organizations in Belarus.
    ``(H) Provide resources for educational materials
    and training on digital literacy, bypassing internet
    censorship, digital safety, and investigative and
    analytical journalism for independent journalists
    working in Belarus.
    ``(I) Build the capacity of civil society, media,
    and other nongovernmental and organizations to identify,
    track, and counter disinformation, including from
    proxies of the Government of Russia working at
    Belarusian state television.
    ``(2) Form.--The report required under paragraph (1) shall
    be transmitted in unclassified form, but may contain a
    classified annex.''.
    SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

    Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
    (1) in subsection (b)--
    (A) by striking ``December 19, 2010'' each place it
    appears and inserting ``August 9, 2020'';
    (B) in paragraph (2), by inserting ``, peaceful
    protesters,'' after ``all opposition activists'';
    (C) by striking paragraphs (3) and (6); and
    (D) by redesignating paragraphs (4), (5), and (7) as
    paragraphs (3), (4), and (5), respectively;
    (2) in subsection (c)--
    (A) in the subsection heading, by inserting ``and
    Russian Individuals Complicit in the Crackdown That
    Occurred After the August 9, 2020, Election'' after
    ``Belarus'';
    (B) by redesignating paragraphs (4) and (5) as
    paragraphs (5) and (6), respectively;
    (C) by inserting after paragraph (3) the following:
    ``(4) is a member of the Central Election Commission of
    Belarus or assisted the Commission in manipulating the
    presidential election of August 9, 2020;'';

    [[Page 3111]]

    (D) in paragraph (5), as redesignated, to read as
    follows:
    ``(5) is a member of any branch of the security or law
    enforcement services of Belarus, including the KGB, Interior
    Ministry, and OMON special police unit, and is responsible for,
    or complicit in, ordering, controlling, materially assisting,
    sponsoring, or providing financial, material, or technological
    support for, or otherwise directing, the crackdown on opposition
    leaders, journalists, and peaceful protestors that occurred in
    connection with the presidential election of August 9, 2020;
    or''; and
    (E) by adding at the end the following:
    ``(7) is a government official, including at the Information
    Ministry, responsible for the crackdown on independent media,
    including revoking the accreditation of journalists, disrupting
    internet access, and restricting online content;
    ``(8) is an official in the so-called `Union State' between
    Russia and Belarus (regardless of nationality of the
    individual); or
    ``(9) is a Russian individual that has significantly
    participated in the crackdown on independent press or human
    rights abuses related to political repression in Belarus,
    including the Russian propagandists sent to replace local
    employees at Belarusian state media outlets.'';
    (3) in subsection (d)(1), by striking ``the Overseas Private
    Investment Corporation'' and inserting ``the United States
    International Development Finance Corporation'';
    (4) in subsection (e), by striking ``(including any
    technical assistance or grant) of any kind''; and
    (5) in subsection (f)--
    (A) in paragraph (1)(A), by striking ``or by any
    member or family member closely linked to any member of
    the senior leadership of the Government of Belarus'' and
    inserting ``or by the senior leadership of the
    Government of Belarus or by any member or family member
    closely linked to the senior leadership of the
    Government of Belarus, or an official of the so-called
    `Union State' with Russia''; and
    (B) in paragraph (2)--
    (i) in subparagraph (A), by adding at the end
    before the semicolon the following: ``, or an
    official of the so-called `Union State' with
    Russia''; and
    (ii) in subparagraph (B), by inserting ``, or
    the so-called `Union State' with Russia,'' after
    ``the Government of Belarus''.
    SEC. 327. MULTILATERAL COOPERATION.

    Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 7. MULTILATERAL COOPERATION.

    ``It is <>  the sense of Congress that the
    President should continue to coordinate with the European Union and its
    institutions, European Union member states, the United Kingdom, and
    Canada to develop a comprehensive, multilateral strategy--
    ``(1) to further the purposes of this Act, including, as
    appropriate, encouraging other countries to take measures with

    [[Page 3112]]

    respect to the Republic of Belarus that are similar to measures
    described in this Act; and
    ``(2) to deter the Government of the Russian Federation from
    undermining democratic processes and institutions in Belarus or
    threatening the independence, sovereignty, and territorial
    integrity of Belarus.''.
    SEC. 328. REPORTS.

    Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 8. REPORTS.

    ``(a) Report on Threat to Sovereignty and Independence of Belarus.--
    ``(1) <>  In general.--Not
    later than 120 days after the date of the enactment of the
    Belarus Democracy, Human Rights, and Sovereignty Act of 2020,
    the Secretary of State, in coordination with the Director of
    National Intelligence and the Secretary of the Treasury, shall
    transmit to the appropriate congressional committees a report
    describing the threat that the Government of Russia poses to the
    sovereignty and independence of Belarus.
    ``(2) Matters to be included.--The report required under
    paragraph (1) shall include--
    ``(A) <>  an assessment of how
    the Government of Russia is exploiting the current
    political crisis in Belarus to push for deeper political
    and economic control of or integration with Belarus;
    ``(B) a description of the economic and energy
    assets in Belarus that the Government of Russia,
    including Russian state-owned or state-controlled
    companies, controls;
    ``(C) a description of Belarus major enterprises
    that are vulnerable of being taken over by Russian
    entities amid the country's worsening financial crisis;
    ``(D) a description of how and to what ends the
    Government of Russia seeks to augment its military
    presence in Belarus;
    ``(E) a description of Russian influence over the
    media and information space in Belarus and how the
    Government of Russia uses disinformation and other
    malign techniques to undermine Belarusian history,
    culture, and language;
    ``(F) a description of other actors in Belarus that
    the Government of Russia uses to advance its malign
    influence, including veterans' organizations and
    extrajudicial networks;
    ``(G) a description of efforts to undermine
    Belarusian language, cultural, and national symbols,
    including the traditional red and white flag and the
    `Pahonia' mounted knight; and
    ``(H) the identification of Russian individuals and
    government agencies that are significantly supporting or
    involved in the crackdown on peaceful protestors and the
    opposition or the repression of independent media
    following the August 9, 2020, presidential election.
    ``(3) Form.--The report required under this subsection shall
    be transmitted in unclassified form, but may contain a
    classified annex.

    ``(b) Report on Personal Assets of Alyaksandr Lukashenka.--

    [[Page 3113]]

    ``(1) In general.--Not later than 90 days after the date of
    the enactment of the Belarus Democracy, Human Rights, and
    Sovereignty Act of 2020, the Director of National Intelligence,
    in consultation with the Secretary of the Treasury and the
    Secretary of State, shall submit to the appropriate
    congressional committees a report describing--
    ``(A) the total assets under the direct or indirect
    control of Alyaksandr Lukashenka, including estimated
    assets and known sources of income of Alyaksandr
    Lukashenka and his immediate family members, including
    assets, investments, bank accounts, and other business
    interests; and
    ``(B) an identification of the most significant
    senior foreign political figures in Belarus, as
    determined by their closeness to Alyaksandr Lukashenka.
    ``(2) Waiver.--The Director of National Intelligence may
    waive, in whole or in part, the reporting requirement under
    paragraph (1)(A) if the Director submits to the appropriate
    congressional committees--
    ``(A) a written justification stating that the
    waiver is in the national interest of the United States;
    and
    ``(B) a detailed explanation of the reasons
    therefor.
    ``(3) Form.--The report required under this subsection shall
    be transmitted in unclassified form, but may contain a
    classified annex.''.
    SEC. 329. DEFINITIONS.

    Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
    (1) by amending paragraph (1) to read as follows:
    ``(1) Appropriate congressional committees.--The term
    `appropriate congressional committees' means--
    ``(A) the Committee on Foreign Relations of the
    Senate;
    ``(B) the Committee on Banking, Housing, and Urban
    Affairs of the Senate;
    ``(C) the Committee on Appropriations of the Senate;
    ``(D) the Committee on Foreign Affairs of the House
    of Representatives;
    ``(E) the Committee on Financial Services of the
    House of Representatives; and
    ``(F) the Committee on Appropriations of the House
    of Representatives.''; and
    (2) in paragraph (3)(B)--
    (A) in clause (i), by inserting ``members of the
    security and intelligence services,'' after
    ``prosecutors,''; and
    (B) in clause (ii), by inserting ``, electoral
    fraud, online censorship, or restrictions on independent
    media and journalists'' after ``public corruption''.
    SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this subtitle, for the purpose of complying
    with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this subtitle, submitted for printing in the
    Congressional Record by the Chairman of the House Budget Committee,
    provided that such statement has been submitted prior to the vote on
    passage.

    [[Page 3114]]

    Subtitle D--Gandhi-King <>  Scholarly Exchange Initiative Act
    SEC. 331. SHORT TITLE.

    This subtitle may be cited as the ``Gandhi-King Scholarly Exchange
    Initiative Act''.
    SEC. 332. FINDINGS.

    Congress makes the following findings:
    (1) The peoples of the United States and India have a long
    history of friendship and the interests of the peoples of the
    United States, India, and the world will benefit from a stronger
    United States-India partnership.
    (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr.,
    were dedicated leaders fighting for social justice and social
    change, peace, and civil rights in their respective communities,
    and countries and in the world.
    (3) The use of nonviolent civil disobedience is a shared
    tactic that has played a key role in defeating social injustice
    in India, the United States, and in other parts of the world.
    (4) Mohandas Gandhi, who was born on October 2, 1869, was
    murdered on January 30, 1948, after dedicating his life to the
    peaceful empowerment of the people of India and to the end of
    British colonial rule.
    (5) Martin Luther King, Jr., who was born on January 15,
    1929, was murdered on April 4, 1968, after a life dedicated to
    peaceful movements against segregation, discrimination, racial
    injustice, and poverty.
    (6) In February 1959, Dr. King and his wife, Coretta Scott
    King, traveled throughout India. By the end of his monthlong
    visit, Dr. King said, ``I am more convinced than ever before
    that the method of nonviolent resistance is the most potent
    weapon available to oppressed people in their struggle for
    justice and human dignity.''.
    (7) Fifty years after Dr. King's visit, All India Radio, the
    national radio station of India, discovered a taped message by
    Dr. King that emphasized the intellectual harmony between the
    messages of Dr. King and Mohandas Gandhi on nonviolent social
    action.
    (8) On August 22, 2011, the Dr. Martin Luther King, Jr.,
    National Memorial opened to the public in Washington, DC. This
    newest memorial on the National Mall pays tribute to Dr. King's
    national and international contributions to world peace through
    nonviolent social change.
    (9) The 116th Congress coincides with both the 150th birth
    anniversary of Mohandas Gandhi and the 90th birth anniversary of
    Dr. Martin Luther King, Jr.
    (10) Mohandas Gandhi, who employed the principle of
    satyagraha, or ``fighting with peace'', has come to represent
    the moral force inspiring many civil and social rights movement
    around the world.
    (11) Dr. King's effective use of Gandhi's principles was
    instrumental to the American civil rights movement.
    (12) There is a long history of civil and social rights
    movements in the United States and in India. As the relationship
    between the United States and India evolves, a binational

    [[Page 3115]]

    foundation through which the governments of each country can
    work together and catalyze private investment toward development
    objectives would provide an ongoing, productive institution and
    symbol of the friendship and common ideals of the respective
    governments and their peoples.
    (13) There is a global goal of ending tuberculosis by 2030,
    the United States and India seek a TB-Free India by 2025, and
    the United States-India Gandhi-King Development Foundation, as
    described in this subtitle, could help address gaps across the
    TB value chain in prevention, detection, diagnosis, and
    treatment, and catalyze market-based strategies to bridge the
    service gap for the ``last mile''.
    (14) Leaders in both countries have prioritized the United
    States-India relationship and continue to support a strengthened
    United States-India partnership, recognizing that it will be one
    of the defining partnerships of the 21st century.
    SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.

    (a) In General.--In order to further the shared ideals and values of
    Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State
    should establish, in cooperation with the appropriate representatives of
    the Government of India, a professional exchange program known as the
    ``Gandhi-King Scholarly Exchange Initiative''. The initiative should be
    comprised of the following:
    (1) An annual educational forum for scholars from the United
    States and India that focuses on the social justice and human
    and civil rights legacies of Mohandas Gandhi and Martin Luther
    King, Jr., which should--
    (A) be held alternately in the United States and in
    India;
    (B) include representatives from governments,
    nongovernmental organizations, civic organizations, and
    educational, cultural, women's, civil, and human rights
    groups, including religious and ethnic minorities and
    marginalized communities; and
    (C) focus on studying the works of Gandhi and King,
    and applying their philosophies of nonviolent resistance
    to addressing current issues, including poverty
    alleviation, conflict mitigation, human and civil rights
    challenges, refugee crises, and threats to democracy and
    democratic norms in countries around the world.
    (2) An undergraduate, graduate, and post-graduate student
    exchange for students in the United States and India to--
    (A) study the history and legacies of Martin Luther
    King, Jr., and Mohandas Gandhi; and
    (B) research, develop, and recommend best practices
    relating to peace, nonviolence, and reconciliation in
    current conflict regions.

    (b) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.
    SEC. 334. GANDHI-KING GLOBAL ACADEMY.

    (a) In General.--The president and chief executive officer of the
    United States Institute of Peace should create a professional
    development training initiative on conflict resolution tools based on
    the principles of nonviolence. Such training initiative shall be known
    as the Gandhi-King Global Academy and should--

    [[Page 3116]]

    (1) include representatives from governments,
    nongovernmental organizations, civic organizations, and
    educational, cultural, women's, civil, and human rights groups,
    including religious and ethnic minorities and marginalized
    communities in countries with ongoing political, social, ethnic,
    or violent conflict;
    (2) include a specific focus on the success of nonviolent
    movements, inclusion, and representation in conflict resolution;
    (3) develop a curriculum on conflict resolution tools based
    on the principles of nonviolence; and
    (4) make the curriculum publicly available online, in
    person, and through a variety of media.

    (b) Prohibition.--The United States Institute of Peace may not, in
    the course of any activity authorized by subsection (a), enter into any
    contract with an outside entity to conduct advocacy on its behalf.
    (c) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.
    SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING
    DEVELOPMENT FOUNDATION.

    (a) Establishment.--The Administrator of the United States Agency
    for International Development (USAID), with the concurrence of the
    Secretary of State and in coordination with appropriate counterparts in
    the Government of India, is authorized to establish, on such terms and
    conditions as are determined necessary, one or more legal entities to
    compose the United States-India Gandhi-King Development Foundation (in
    this section referred to as the ``Foundation''). Each such legal entity
    within the Foundation shall be organized under the laws of India and
    shall not be considered to be an agency or establishment of the United
    States Government and shall not have the full faith and credit of the
    United States.
    (b) Functions.--The Foundation, through one or more entities
    referred to in subsection (a)--
    (1) shall identify development priorities and administer and
    oversee competitively-awarded grants to private nongovernmental
    entities to address such priorities in India, including--
    (A) health initiatives addressing tuberculosis (TB),
    water, sanitation, and health (WASH), and pollution and
    related health impacts (PHI);
    (B) pollution, plastic waste reduction, and climate-
    related shocks;
    (C) education; and
    (D) empowerment of women;
    (2) should provide credible platforms and models, including
    returnable capital to attract and blend public and private
    capital, which can then be deployed efficiently and effectively
    to address the priorities identified in paragraph (1).

    (c) Additionality.--
    (1) In general.--Before an entity within the Foundation
    makes a grant under subsection (b)(1) to address a priority
    identified under such subsection, the Foundation shall ensure
    that private sector entities are afforded an opportunity to
    support the projects funded by such grants.

    [[Page 3117]]

    (2) Safeguards, policies, and guidelines.--The Foundation
    shall develop appropriate safeguards, policies, and guidelines
    to ensure that grants made under subsection (b)(1) operate
    according to internationally recognized best practices and
    standards, including for transparency and accountability.

    (d) Limitations.--No party receiving a grant made under subsection
    (b)(1) may receive such grant in an amount that is more than five
    percent of amounts appropriated or otherwise made available under
    section 337(a)(3) to the entity in the Foundation making such grant.
    (e) Governing Council.--
    (1) Purpose.--The Government of the United States and the
    Government of India shall convene a Governing Council to provide
    guidance and direction to the Foundation.
    (2) Appointment of members.--The Administrator of the United
    States Agency for International Development, with the
    concurrence of the Secretary of State, shall appoint a majority
    of the Governing Council of the Foundation for a period of five
    years following the establishment of the Foundation.
    (3) Charter.--The Governing Council of the Foundation shall
    adopt a charter for the operation of the Foundation, which shall
    include provisions to--
    (A) identify development priorities or a process to
    identify development priorities;
    (B) <>  define criteria for
    application, merit review, and transparent, competitive
    awarding of grants by the Foundation;
    (C) establish an annual organization-wide audit by
    an independent auditor in accordance with generally
    accepted auditing standards, the results of which shall
    be made immediately available to the Board, the
    Administrator of the United States Agency for
    International Development, and the appropriate
    Government of India counterpart;
    (D) assist in the creation of project specific
    timetables for each of the projects funded by a grant
    from the Foundation;
    (E) establish an oversight role and march-in audit
    rights for the Administrator of the United States Agency
    for International Development and the appropriate
    Government of India counterpart; and
    (F) establish an annual report on the activities of
    the Foundation to be made publicly available.

    (f) Publicly Available Project Information.--The Foundation shall
    maintain a user-friendly, publicly available, machine readable database
    with detailed project level information, as appropriate, including a
    description of the grants made by the Foundation under this section and
    project level performance metrics.
    (g) Detail of United States Government Personnel to the
    Foundation.--
    (1) <>  In general.--Whenever the
    Administrator of the United States Agency for International
    Development or the Secretary of State determines it to be in
    furtherance of the purposes of this subtitle, the Administrator
    and the Secretary are authorized to detail or assign any officer
    or employee of the Agency or the Department, respectively, to
    any position in the Foundation to provide technical, scientific,
    or professional assistance to the Foundation or, in cooperation
    with the

    [[Page 3118]]

    Foundation, to implementing partners of the Foundation, without
    reimbursement to the United States Government.
    (2) Status.--Any United States Government officer or
    employee, while detailed or assigned under this subsection,
    shall be considered, for the purpose of preserving their
    allowances, privileges, rights, seniority, and other benefits as
    such, an officer or employee of the United States Government and
    of the agency of the United States Government from which
    detailed or assigned, and shall continue to receive
    compensation, allowances, and benefits from program funds
    appropriated to that agency or made available to that agency for
    purposes related to the activities of the detail or assignment,
    in accordance with authorities related to their employment
    status and agency policies.
    (3) Sunset.--The authorities provided under this subsection
    shall terminate on the date that is five years after the
    establishment of the Foundation.
    SEC. 336. REPORTING REQUIREMENTS.

    (a) Initial Reports.--Not later than 120 days after the date of the
    enactment of this Act--
    (1) the Secretary of State shall submit to the Committee on
    Foreign Affairs and the Committee on Appropriations of the House
    of Representatives and the Committee on Foreign Relations and
    the Committee on Appropriations of the Senate a report on the
    Secretary of State's plan to establish the initiative authorized
    under section 333;
    (2) the president and chief executive officer of the United
    States Institute of Peace shall submit to the Committee on
    Foreign Affairs and the Committee on Appropriations of the House
    of Representatives and the Committee on Foreign Relations and
    the Committee on Appropriations of the Senate a report on the
    president and chief executive officer's plan to establish the
    initiative authorized under section 334; and
    (3) the Administrator of the United States Agency for
    International Development shall submit to the Committee on
    Foreign Affairs and the Committee on Appropriations of the House
    of Representatives and the Committee on Foreign Relations and
    the Committee on Appropriations of the Senate a report on the
    Administrator's plan to establish the organization authorized
    under section 335.

    (b) Periodic Updates.--The Secretary of State, president and chief
    executive officer of the United States Institute of Peace, and
    Administrator of the United States Agency for International Development
    shall submit to the committees described in subsection (a)(3) an update
    on a semiannual basis regarding the progress in implementing each of the
    initiatives or establishing the organization referred to in such
    subsection.
    SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry
    out--
    (1) section 333, up to $1,000,000 for each of fiscal years
    2021 through 2025 to the Secretary of State
    (2) section 334, up to $2,000,000 for fiscal year 2021 to
    the United States Institute of Peace;

    [[Page 3119]]

    (3) section 335, up to $30,000,000 for fiscal year 2021 to
    the Administrator of the United States Agency for International
    Development; and
    (4) section 335, up to an additional $15,000,000 for each of
    fiscal years 2022 through 2025 to the Administrator of the
    United States Agency for International Development, if the
    private sector in India commits amounts equal to that
    contributed by the United States.

    (b) Sense of Congress on Foreign Assistance Funds.--It is the sense
    of Congress that the authorization of appropriations under subsection
    (a) should be renewable for one or more periods of not more than 5 years
    if--
    (1) authorized by Congress; and
    (2) the Secretary of State, in consultation with the
    Administrator of the United States Agency for International
    Development, determines that the Foundation's work is successful
    in addressing the priorities identified in section 335(b)(1) and
    that the private sector in India has committed funds to the
    Foundation in accordance with subsection (a)(4).

    Subtitle E--Tibetan Policy and Support Act of 2020

    SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY
    ACT OF 2020.

    (a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of
    2002 (22 U.S.C. 6901 note) is amended--
    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) by inserting ``without preconditions''
    after ``a dialogue'';
    (ii) by inserting ``or democratically-elected
    leaders of the Tibetan community'' after ``his
    representatives''; and
    (iii) by inserting before the period at the
    end the following: ``and should coordinate with
    other governments in multilateral efforts toward
    this goal'';
    (B) by redesignating paragraph (2) as paragraph (3);
    and
    (C) by inserting after paragraph (1) the following
    new paragraph:
    ``(2) <>  Policy communication.--The
    Secretary of State shall ensure that, in accordance with this
    Act, United States policy on Tibet, as coordinated by the United
    States Special Coordinator for Tibetan Issues, is communicated
    to all Federal departments and agencies in contact with the
    Government of the People's Republic of China.'';
    (2) in subsection (b)--
    (A) in the matter preceding paragraph (1)--
    (i) by striking ``until December 31, 2021''
    and inserting ``until December 31, 2031''; and
    (ii) by inserting ``and direct the Department
    of State to make public on its website'' after
    ``appropriate congressional committees'';
    (B) in paragraph (1), by striking ``; and'' and
    inserting a semicolon;

    [[Page 3120]]

    (C) in paragraph (2), by striking the period at the
    end and inserting ``; and'' ; and
    (D) by adding at the end the following new
    paragraph:
    ``(3) the steps taken by the United States Government to
    promote the human rights and distinct religious, cultural,
    linguistic, and historical identity of the Tibetan people,
    including the right of the Tibetan people to select, educate,
    and venerate their own religious leaders in accordance with
    their established religious practice and system.''.

    (b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C.
    6901 note) is amended--
    (1) in subsection (d)--
    (A) in paragraph (5), by inserting ``human rights,''
    after ``respect Tibetan'';
    (B) in paragraph (8), by striking ``; and'' and
    inserting a semicolon;
    (C) in paragraph (9)--
    (i) by inserting ``involuntary or coerced''
    after ``nor facilitate the''; and
    (ii) by striking the period at the end and
    inserting ``; and''; and
    (D) by adding at the end the following new
    paragraph:
    ``(10) neither provide incentive for, nor facilitate the
    involuntary or coerced relocation of, Tibetan nomads from their
    traditional pasturelands into concentrated settlements.'';
    (2) by adding at the end the following new subsections:

    ``(e) United States Assistance.--
    ``(1) <>  In general.--The President is
    authorized to provide assistance to nongovernmental
    organizations to support inclusive economic growth, resilience,
    global health, education, environmental stewardship, and
    cultural and historical preservation for Tibetan communities in
    Tibet, in accordance with the principles specified in subsection
    (d).
    ``(2) Coordination.--Assistance authorized under paragraph
    (1) shall be carried out in coordination with the United States
    Special Coordinator for Tibetan Issues in accordance with
    section 621(d).

    ``(f) Private Sector Investment.--The Secretary of State, in
    coordination with the Secretary of Commerce, should--
    ``(1) encourage United States businesses and individuals
    that are engaged in commerce or investing in enterprises in
    Tibet to be guided by the principles specified in subsection (d)
    and the United Nations Guiding Principles on Business and Human
    Rights; and
    ``(2) hold regular consultations with businesses and
    individuals that are engaged in commerce or are investing in
    enterprises in Tibet about the principles referenced in
    paragraph (1) and the business practices of such businesses and
    individuals in Tibet.''.

    (c) Diplomatic Representation Relating to Tibet.--Section 618 of
    such Act (22 U.S.C. 6901 note) is amended to read as follows:
    ``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.

    ``(a) United States Consulate in Lhasa, Tibet.--The Secretary should
    seek to establish a United States consulate in Lhasa, Tibet--

    [[Page 3121]]

    ``(1) to provide consular services to United States citizens
    traveling in Tibet; and
    ``(2) to monitor political, economic, and cultural
    developments in Tibet.

    ``(b) Policy.--The Secretary may not authorize the establishment in
    the United States of any additional consulate of the People's Republic
    of China until such time as a United States consulate in Lhasa, Tibet,
    is established under subsection (a).
    ``(c) <>  Waiver.--The
    Secretary may waive the requirement under subsection (b),
    notwithstanding the lack of a United States consulate in Lhasa, not less
    than 30 days after the Secretary determines and reports to the
    appropriate congressional committees that it is in the national security
    interests of the United States to waive such requirements and submits to
    the appropriate congressional committees a report including--
    ``(1) a specific and detailed rationale for the
    determination that the waiver is in the national security
    interests of the United States; and
    ``(2) a description of the efforts by the Department of
    State to seek the establishment of a United States consulate in
    Lhasa.''.

    (d) Religious Persecution in Tibet.--Section 620(b) of such Act (22
    U.S.C. 6901 note) is amended by inserting before the period at the end
    the following: ``, including with respect to the reincarnation system of
    Tibetan Buddhism''.
    (e) United States Special Coordinator for Tibetan Issues.--Section
    621 of such Act (22 U.S.C. 6901 note) is amended--
    (1) by amending subsection (c) to read as follows:

    ``(c) Objectives.--The objectives of the Special Coordinator are
    to--
    ``(1) promote substantive dialogue without preconditions,
    between the Government of the People's Republic of China and the
    Dalai Lama, his or her representatives, or democratically
    elected leaders of the Tibetan community, or explore activities
    to improve prospects for dialogue, that leads to a negotiated
    agreement on Tibet;
    ``(2) <>  coordinate with other
    governments in multilateral efforts towards the goal of a
    negotiated agreement on Tibet;
    ``(3) encourage the Government of the People's Republic of
    China to address the aspirations of the Tibetan people with
    regard to their distinct historical, cultural, religious, and
    linguistic identity;
    ``(4) promote the human rights of the Tibetan people;
    ``(5) promote activities to preserve environment and water
    resources of the Tibetan plateau;
    ``(6) encourage that any initiatives or activities for
    Tibetan communities in the Tibet Autonomous Region are conducted
    in accordance with the principles espoused in section 616(d);
    and
    ``(7) promote access to Tibet in accordance with the
    Reciprocal Access to Tibet Act of 2018 (Public Law 115-330).'';
    (2) in subsection (d)--
    (A) in paragraph (5), by striking ``; and'' and
    inserting a semicolon;
    (B) by redesignating paragraph (6) as paragraph (8);
    and

    [[Page 3122]]

    (C) by inserting after paragraph (5) the following
    new paragraphs:
    ``(6) provide guidance with respect to all projects carried
    out pursuant to assistance provided under section 616(e);
    ``(7) seek to establish international diplomatic coalitions
    to--
    ``(A) oppose any effort by the Government of the
    People's Republic of China to select, educate, and
    venerate Tibetan Buddhist religious leaders in a manner
    inconsistent with the principle that the succession or
    identification of Tibetan Buddhist lamas, including the
    Dalai Lama, should occur without interference, in a
    manner consistent with traditional practice; and
    ``(B) ensure that the identification and
    installation of Tibetan Buddhist religious leaders,
    including any future Dalai Lama, is determined solely
    within the Tibetan Buddhist faith community, in
    accordance with the internationally-recognized right to
    religious freedom; and''; and
    (3) by adding at the end the following new subsection:

    ``(e) Personnel.--The Secretary shall ensure that the Office of the
    Special Coordinator is adequately staffed at all times to assist in the
    management of the responsibilities of this section.''.
    SEC. 342. <>  STATEMENT OF POLICY
    REGARDING THE SUCCESSION OR
    REINCARNATION OF THE DALAI LAMA.

    (a) Findings.--Congress finds the following:
    (1) Tibetan Buddhism is practiced in many countries
    including Bhutan, India, Mongolia, Nepal, the People's Republic
    of China, the Russian Federation, and the United States, yet the
    Government of the People's Republic of China has repeatedly
    insisted on its role in managing the selection of Tibet's next
    spiritual leader, the Dalai Lama, through actions such as those
    described in the ``Measures on the Management of the
    Reincarnation of Living Buddhas'' in 2007.
    (2) On March 19, 2019, Chinese Ministry of Affairs
    spokesperson reiterated that the ``reincarnation of living
    Buddhas including the Dalai Lama must comply with Chinese laws
    and regulations and follow religious rituals and historical
    conventions''.
    (3) The Government of the People's Republic of China has
    interfered in the process of recognizing a successor or
    reincarnation of Tibetan Buddhist leaders, including in 1995 by
    arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who
    was identified as the 11th Panchen Lama, and purporting to
    install its own candidate as the Panchen Lama.
    (4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement
    on September 24, 2011, explaining the traditions and spiritual
    precepts of the selection of Dalai Lamas, setting forth his
    views on the considerations and process for selecting his
    successor, and providing a response to the Chinese government's
    claims that only the Chinese government has the ultimate
    authority in the selection process of the Dalai Lama.
    (5) The 14th Dalai Lama said in his statement that the
    person who reincarnates has sole legitimate authority over where
    and how he or she takes rebirth and how that reincarnation is to
    be recognized and if there is a need for a 15th

    [[Page 3123]]

    Dalai Lama to be recognized, then the responsibility shall
    primarily rest with the officers of the Dalai Lama's Gaden
    Phodrang Trust, who will be informed by the written instructions
    of the 14th Dalai Lama.
    (6) Since 2011, the 14th Dalai Lama has reiterated publicly
    on numerous occasions that decisions on the successions,
    emanations, or reincarnations of the Dalai Lama belongs to the
    Tibetan Buddhist faith community alone.
    (7) On June 8, 2015, the United States House of
    Representatives unanimously approved House Resolution 337 which
    calls on the United States Government to ``underscore that
    government interference in the Tibetan reincarnation process is
    a violation of the internationally recognized right to religious
    freedom . . . and to highlight the fact that other countries
    besides China have long Tibetan Buddhist traditions, and that
    matters related to reincarnations in Tibetan Buddhism are of
    keen interest to Tibetan Buddhist populations worldwide''.
    (8) On April 25, 2018, the United States Senate unanimously
    approved Senate Resolution 429 which ``expresses its sense that
    the identification and installation of Tibetan Buddhist
    religious leaders, including a future 15th Dalai Lama, is a
    matter that should be determined solely within the Tibetan
    Buddhist faith community, in accordance with the inalienable
    right to religious freedom''.
    (9) The Department of State's Report on International
    Religious Freedom for 2018 reported on policies and efforts of
    the Government of the People's Republic of China to exert
    control over the selection of Tibetan Buddhist religious
    leaders, including reincarnate lamas, and stated that ``[United
    States] officials underscored that decisions on the
    reincarnation of the Dalai Lama should be made solely by faith
    leaders.''.

    (b) Statement of Policy.--It is the policy of the United States
    that--
    (1) decisions regarding the selection, education, and
    veneration of Tibetan Buddhist religious leaders are exclusively
    spiritual matters that should be made by the appropriate
    religious authorities within the Tibetan Buddhist tradition and
    in the context of the will of practitioners of Tibetan Buddhism;
    (2) the wishes of the 14th Dalai Lama, including any written
    instructions, should play a key role in the selection,
    education, and veneration of a future 15th Dalai Lama; and
    (3) interference by the Government of the People's Republic
    of China or any other government in the process of recognizing a
    successor or reincarnation of the 14th Dalai Lama and any future
    Dalai Lamas would represent a clear abuse of the right to
    religious freedom of Tibetan Buddhists and the Tibetan people.

    (c) Holding Chinese Officials Responsible for Religious Freedom
    Abuses Targeting Tibetan Buddhists.--It is the policy of the United
    States to take all appropriate measures to hold accountable senior
    officials of the Government of the People's Republic of China or the
    Chinese Communist Party who directly interfere with the identification
    and installation of the future 15th Dalai Lama of Tibetan Buddhism,
    successor to the 14th Dalai Lama, including by--
    (1) imposing sanctions pursuant to the Global Magnitsky
    Human Rights Accountability Act (22 U.S.C. 2656 note); and

    [[Page 3124]]

    (2) prohibiting admission to the United States under section
    212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
    1182(a)(2)(G)).

    (d) Department of State Programming to Promote Religious Freedom for
    Tibetan Buddhists.--Consistent with section 401 of the Frank R. Wolf
    International Religious Freedom Act (Public Law 114-281; 130 Stat.
    1436), the Ambassador-at-Large for International Religious Freedom
    should support efforts to protect and promote international religious
    freedom in China and for programs to protect Tibetan Buddhism in China
    and elsewhere.
    SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON
    THE TIBETAN PLATEAU.

    (a) Findings.--Congress finds the following:
    (1) The Tibetan Plateau contains glaciers, rivers,
    grasslands, and other geographical and ecological features that
    are crucial for supporting vegetation growth and biodiversity
    and regulating water flow and supply for an estimated
    1,800,000,000 people. Environmental changes threaten the
    glaciers in Tibet that feed the major rivers of South and East
    Asia, which supply freshwater to an estimated 1,800,000,000
    people.
    (2) Several factors, including temperature changes, large
    government-backed infrastructure projects, and resettlement of
    Tibetan nomads, are likely to result in variable water flows in
    the future.
    (3) The grasslands of Tibet play a significant role in
    carbon production and sequestration and Tibet's rivers support
    wetlands that play a key role in water storage, water quality,
    and the regulation of water flow, support biodiversity, foster
    vegetation growth, and act as carbon sinks.
    (4) Traditional Tibetan grassland stewardship practices,
    which can be key to mitigating the negative effects of
    environmental changes on the Tibetan Plateau, are undermined by
    the resettlement of nomads from Tibetan grasslands.
    (5) The People's Republic of China has approximately 20
    percent of the world's population but only around 7 percent of
    the world's water supply, while many countries in South and
    Southeast Asia rely on the rivers flowing from the Himalayas of
    the Tibetan Plateau.
    (6) The People's Republic of China has already completed
    water transfer programs diverting billions of cubic meters of
    water yearly and has plans to divert more waters from the
    Tibetan plateau in China.

    (b) Water Resources in Tibet and the Tibetan Watershed.--The
    Secretary <>  of State, in coordination with
    relevant agencies of the United States Government, should--
    (1) pursue collaborative efforts with Chinese and
    international scientific institutions, as appropriate, to
    monitor the environment on the Tibetan Plateau, including
    glacial retreat, temperature rise, and carbon levels, in order
    to promote a greater understanding of the effects on permafrost,
    river flows, grasslands and desertification, and the monsoon
    cycle;
    (2) engage with the Government of the People's Republic of
    China, the Tibetan people, and nongovernmental organizations to
    encourage the participation of Tibetan nomads and

    [[Page 3125]]

    other Tibetan stakeholders in the development and implementation
    of grassland management policies, in order to utilize their
    indigenous experience in mitigation and stewardship of the land
    and to assess policies on the forced resettlement of nomads; and
    (3) encourage a regional framework on water security, or use
    existing frameworks, such as the Lower Mekong Initiative, to
    facilitate cooperative agreements among all riparian nations
    that would promote transparency, sharing of information,
    pollution regulation, and arrangements on impounding and
    diversion of waters that originate on the Tibetan Plateau.
    SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.

    (a) Findings.--Congress finds the following:
    (1) The 14th Dalai Lama advocates the Middle Way Approach,
    which seeks genuine autonomy for the 6,000,000 Tibetans in
    Tibet.
    (2) The 14th Dalai Lama has overseen a process of
    democratization within the Tibetan polity and devolved his
    political responsibilities to the elected representatives of the
    Tibetan people in exile in 2011.
    (3) In 2011 and again in 2016, members of the Tibetan exile
    community across some 30 countries held free and fair elections
    to select political leaders to serve in the Central Tibetan
    Administration parliament and as chief executive.
    (4) The Dalai Lama has said that the Central Tibetan
    Administration will cease to exist once a negotiated settlement
    has been achieved that allows Tibetans to freely enjoy their
    culture, religion, and language in Tibet.

    (b) Sense of Congress.--It is the sense of Congress that--
    (1) Tibetan exile communities around the world should be
    commended for the adoption of a system of self-governance with
    democratic institutions to choose their leaders;
    (2) the Dalai Lama should be commended for his decision to
    devolve political authority to elected leaders in accordance
    with democratic principles;
    (3) as of the date of the enactment of this Act, the Central
    Tibetan Administration is the institution that represents and
    reflects, to the greatest extent, the aspirations of the Tibetan
    diaspora around the world, and the Sikyong is the President of
    the Central Tibetan Administration; and
    (4) as consistent with section 621(d)(3) of the Tibetan
    Policy Act of 2002 (22 U.S.C. 6901 note), the United States
    Special Coordinator for Tibetan Issues should continue to
    maintain close contact with the religious, cultural, and
    political leaders of the Tibetan people.
    SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO
    PRESERVE THEIR CULTURE, RELIGION, AND
    LANGUAGE.

    The Secretary of State should urge the Government of Nepal to honor
    the Gentleman's Agreement with the United Nations High Commissioner for
    Refugees and the Government of India, which commits the Government of
    Nepal to respect the principle of non-refoulement by continuing to give
    Tibetan new arrivals access to the territory of Nepal and allowing them
    safe passage through Nepal to India.

    [[Page 3126]]

    SEC. 346. AUTHORIZATION OF APPROPRIATIONS.

    (a) Office of the United States Special Coordinator for Tibetan
    Issues.--There is authorized to be appropriated $1,000,000 for each of
    the fiscal years 2021 through 2025 for the Office of the United States
    Special Coordinator for Tibetan Issues.
    (b) Tibetan Scholarship Program and Ngawang Choephel Exchange
    Programs.--
    (1) Tibetan scholarship program.--There is authorized to be
    appropriated $675,000 for each of the fiscal years 2021 through
    2025 to carry out the Tibetan scholarship program established
    under section 103(b)(1) of the Human Rights, Refugee, and Other
    Foreign Relations Provisions Act of 1996 (Public Law 104-319; 22
    U.S.C. 2151 note).
    (2) Ngawang choephel exchange programs.--There is authorized
    to be appropriated $575,000 for each of the fiscal years 2021
    through 2025 to carry out the ``Ngawang Choephel Exchange
    Programs'' (formerly known as ``programs of educational and
    cultural exchange between the United States and the people of
    Tibet'') under section 103(a) of the Human Rights, Refugee, and
    Other Foreign Relations Provisions Act of 1996 (Public Law 104-
    319; 110 Stat. 3865).

    (c) Humanitarian Assistance and Support to Tibetan Refugees in South
    Asia.--Amounts authorized to be appropriated or otherwise made available
    to carry out chapter 9 of part I of the Foreign Assistance Act of 1961
    (22 U.S.C. 2292 et seq.) and the Migration and Refugee Assistance Act of
    1962 (Public Law 87-510) for each of the fiscal years 2021 through 2025
    are authorized to be made available for humanitarian assistance,
    including food, medicine, clothing, and medical and vocational training,
    for Tibetan refugees in South Asia who have fled facing a credible
    threat of persecution in the People's Republic of China.
    (d) Tibetan Autonomous Region and Tibetan Communities in China.--
    There is authorized to be appropriated $8,000,000 for each year of the
    fiscal years 2021 through 2025 under chapter 4 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support activities
    for Tibetan communities in the Tibet Autonomous Region and in other
    Tibetan communities in China that are conducted in accordance with
    subsection 616(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 6901
    note).
    (e) Assistance for Tibetans in India and Nepal.--There is authorized
    to be appropriated $6,000,000 for each of the fiscal years 2021 through
    2025 under chapter 4 of part II of the Foreign Assistance Act of 1961
    (22 U.S.C. 2346 et seq.) for programs to promote and preserve Tibetan
    culture and language development, and the resilience of Tibetan
    communities in India and Nepal, and to assist in the education and
    development of the next generation of Tibetan leaders from such
    communities.
    (f) Tibetan Governance.--There is authorized to be appropriated
    $3,000,000 for each of the fiscal years 2021 through 2025 under chapter
    4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
    seq.) for programs to strengthen the capacity of Tibetan institutions
    and strengthen democracy, governance, information and international
    outreach, and research.
    (g) Voice of America and Radio Free Asia.--
    (1) Voice of america.--There is authorized to be
    appropriated $3,344,000 for each of the fiscal years 2021
    through

    [[Page 3127]]

    2025 to Voice of America for broadcasts described in paragraph
    (3).
    (2) Radio free asia.--There is authorized to be appropriated
    $4,060,000 for each of the fiscal years 2021 through 2025 to
    Radio Free Asia for broadcasts described in paragraph (3).
    (3) Broadcasts described.--Broadcasts described in this
    paragraph are broadcasts to provide uncensored news and
    information in the Tibetan language to Tibetans, including
    Tibetans in Tibet.

    Subtitle F--The <>  United States - Northern Triangle
    Enhanced Engagement Act
    SEC. 351. SHORT TITLE.

    This subtitle may be cited as the ``The United States - Northern
    Triangle Enhanced Engagement Act''.
    SEC. 352. <>  STRATEGY TO ADVANCE PROSPERITY,
    COMBAT CORRUPTION, STRENGTHEN DEMOCRATIC
    GOVERNANCE, AND IMPROVE CIVILIAN
    SECURITY IN EL SALVADOR, GUATEMALA, AND
    HONDURAS.

    (a) <>  Elements.--Not later than 180
    days after the date of the enactment of this Act, the Secretary of
    State, in coordination with the Administrator of the United States
    Agency for International Development, and the heads of other relevant
    Federal agencies, shall submit to the appropriate congressional
    committees a 5-year strategy to advance economic prosperity, combat
    corruption, strengthen democratic governance, and improve civilian
    security in El Salvador, Guatemala, and Honduras and to curb irregular
    migration from the region.

    (b) Consideration.--In developing the strategy required under this
    section, the Secretary of State should consider the following
    priorities:
    (1) Promoting economic prosperity, including by--
    (A) supporting market-based solutions to eliminate
    constraints to inclusive economic growth;
    (B) addressing the underlying causes of poverty and
    inequality;
    (C) responding to immediate humanitarian needs by
    improving humanitarian outcomes, including through
    access to sanitation, hygiene, and shelter, and by
    enabling the provision of health resources;
    (D) supporting conservation and community resilience
    and strengthening community preparedness for natural
    disasters;
    (E) identifying, as appropriate, a role for relevant
    United States agencies and the United States private
    sector in supporting efforts to increase private sector
    investment and advance economic prosperity; and
    (F) improving domestic resource mobilization,
    including by strengthening tax collection and
    enforcement and legal arbitration mechanisms.
    (2) Combating corruption, including by--
    (A) strengthening the capacity of national justice
    systems and attorneys generals to identify and prosecute

    [[Page 3128]]

    money laundering and other financial crimes and breaking
    up financial holdings of organized criminal syndicates,
    including illegally acquired lands and proceeds from
    illegal activities;
    (B) strengthening special prosecutorial offices and
    financial institutions to conduct asset forfeitures and
    criminal analysis, and to combat corruption, money
    laundering, financial crimes, extortion, and human
    rights crimes;
    (C) implementing transparent, merit-based selection
    processes for prosecutors and judges and the development
    of professional and merit-based civil services;
    (D) establishing or strengthening methods,
    procedures for internal and external control mechanisms
    for the security and police services and judiciary; and
    (E) supporting anticorruption efforts through
    bilateral assistance and complementary support through
    multilateral anticorruption mechanisms when necessary.
    (3) Advancing democratic governance, including by--
    (A) strengthening government institutions at the
    local and national levels to provide services and
    respond to citizen needs through transparent, inclusive,
    and democratic processes;
    (B) strengthening access to information laws and
    reforming laws that currently limit access to
    information;
    (C) building the capacity of independent media to
    engage in professional investigative journalism;
    (D) ensuring that threats and attacks on
    journalists, labor leaders, human rights defenders, and
    other members of civil society are fully investigated
    and perpetrators are held accountable; and
    (E) strengthening electoral institutions and
    processes to ensure free, fair, and transparent
    elections.
    (4) Improving security conditions, including by--
    (A) implementing the Central America Regional
    Security Initiative;
    (B) increasing the professionalization of security
    services, including the civilian police and military
    units;
    (C) combating the illicit activities of
    transnational criminal organizations through support to
    fully vetted elements of attorneys general offices,
    appropriate government institutions, and security
    services; and
    (D) enhancing the capacity of relevant security
    services and attorneys general to support
    counternarcotics efforts and combat human trafficking,
    forcible recruitment of children and youth by gangs,
    gender-based violence, and other illicit activities,
    including trafficking of wildlife, and natural
    resources.

    (c) Consultation.--In developing the strategy required under this
    section, the Secretary of State may consult with civil society and the
    private sector in the United States, El Salvador, Guatemala, and
    Honduras.
    (d) Benchmarks.--The strategy required under this section shall
    include annual benchmarks to track the strategy's progress in curbing
    irregular migration from the region to the United States and improving
    conditions in El Salvador, Guatemala, and Honduras by measuring progress
    in key areas, including--

    [[Page 3129]]

    (1) reducing poverty and unemployment, increasing private
    sector investment, responding to immediate humanitarian needs,
    sustainably reintegrating returnees, supporting conservation and
    community resilience, and addressing forced displacement in
    accordance with the priorities outlined in subsection (b)(1);
    (2) strengthening national justice systems and attorneys
    generals, supporting multilateral anticorruption mechanisms,
    identifying and prosecuting money laundering and other financial
    crimes, breaking up financial holdings of organized criminal
    syndicates, and advancing judicial integrity and investigative
    capacity of local authorities in accordance with the priorities
    outlined in subsection (b)(2);
    (3) strengthening government institutions at the local and
    national levels to provide services and respond to citizen needs
    through transparent, inclusive, and democratic processes,
    promoting human rights, building the capacity of independent
    media, developing the capacity of civil society to conduct
    oversight, affording legal protections for human rights
    defenders and members of civil society, and strengthening
    electoral institutions in accordance with priorities outlined in
    subsection (b)(3); and
    (4) implementing the objectives stated under the Central
    America Regional Security Initiative and building the capacity
    of civilian security services in accordance with the priorities
    outlined in subsection (b)(4).

    (e) Public Diplomacy.--The strategy required under this section
    shall include a public diplomacy strategy for educating citizens of the
    region about United States assistance and its benefits to them, and
    informing such citizens of the dangers of irregular migration to the
    United States.
    (f) <>  Annual Progress Updates.--Not later than 1
    year after the submission of the strategy required under this section
    and annually thereafter for 4 years, the Secretary of State shall
    provide the appropriate congressional committees with a written
    description of progress made in meeting the benchmarks established in
    the strategy.

    (g) <>  Public Availability.--The strategy
    required under this section shall be made publicly available on the
    website of the Department of State. <>
    If appropriate, a classified annex may be submitted to the appropriate
    congressional committees.

    (h) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
    (1) the Committee on Foreign Relations and the Committee on
    Appropriations of the Senate; and
    (2) the Committee on Foreign Affairs and the Committee on
    Appropriations of the House of Representatives.
    SEC. 353. <>  TARGETED SANCTIONS TO FIGHT
    CORRUPTION IN EL SALVADOR, GUATEMALA,
    AND HONDURAS.

    (a) Sense of Congress.--It is the sense of Congress that--
    (1) corruption in El Salvador, Guatemala, and Honduras by
    private citizens and select officials in local, regional, and
    Federal governments significantly damages the economies of such
    countries and deprives citizens of opportunities;
    (2) corruption in El Salvador, Guatemala, and Honduras is
    facilitated and carried out not only by private citizens and

    [[Page 3130]]

    select officials from those countries but also in many instances
    by individuals from third countries; and
    (3) imposing targeted sanctions on individuals from
    throughout the world and particularly in the Western Hemisphere
    who are engaged in acts of significant corruption that impact El
    Salvador, Guatemala, and Honduras or obstruction of
    investigations into such acts of corruption will benefit the
    citizens and governments of such countries.

    (b) <>  Report Required.--Not later
    than 180 days after the date of the enactment of this Act, and not less
    frequently than annually thereafter, the President shall submit to the
    appropriate congressional committees an unclassified report with
    classified annex if necessary that identifies each foreign person who
    the President determines to have knowingly engaged in actions that
    undermine democratic processes or institutions, or in significant
    corruption or obstruction of investigations into such acts of corruption
    in El Salvador, Guatemala, and Honduras, including the following:
    (1) Corruption related to government contracts.
    (2) Bribery and extortion.
    (3) The facilitation or transfer of the proceeds of
    corruption, including through money laundering.
    (4) Acts of violence, harassment, or intimidation directed
    at governmental and nongovernmental corruption investigators.

    (c) Imposition of Sanctions.--The President shall impose the
    sanctions described in subsection (d) with respect to each foreign
    person identified in the report required under subsection (b).
    (d) Sanctions Described.--
    (1) In general.--The sanctions described in this subsection
    are the following:
    (A) Ineligibility for visas and admission to the
    united states.--In the case of a foreign person who is
    an individual, such foreign person is--
    (i) inadmissible to the United States;
    (ii) ineligible to receive a visa or other
    documentation to enter the United States; and
    (iii) otherwise ineligible to be admitted or
    paroled into the United States or to receive any
    other benefit under the Immigration and
    Nationality Act (8 U.S.C. 1101 et seq.).
    (B) Current visas revoked.--
    (i) In general.--The issuing consular officer
    or the Secretary of State, (or a designee of the
    Secretary of State) shall, in accordance with
    section 221(i) of the Immigration and Nationality
    Act (8 U.S.C. 1201(i)), revoke any visa or other
    entry documentation issued to a foreign person
    regardless of when the visa or other entry
    documentation is issued.
    (ii) Effect of revocation.--A revocation under
    clause (i) shall--
    (I) take effect immediately; and
    (II) automatically cancel any other
    valid visa or entry documentation that
    is in the foreign person's possession.
    (2) Exception to comply with international obligations.--
    Sanctions under subparagraph (B) and (C) of paragraph (1) shall
    not apply with respect to a foreign person if admitting or
    paroling such person into the United States is necessary

    [[Page 3131]]

    to permit the United States to comply with the Agreement
    regarding the Headquarters of the United Nations, signed at Lake
    Success June 26, 1947, and entered into force November 21, 1947,
    between the United Nations and the United States, or other
    applicable international obligations.

    (e) <>  National Security Waiver.--The President
    may waive the application of the sanctions under subsection (c) if the
    President--
    (1) <>  determines that such a waiver
    is in the national security interest of the United States; and
    (2) <>  submits to the appropriate
    congressional committees within 15 days after such determination
    a notice of and justification for the waiver.

    (f) Termination.--The authority to impose sanctions under subsection
    (b), and any sanctions imposed pursuant to such authority, shall expire
    on the date that is 3 years after the date of the enactment of this Act.
    (g) <>  Public Availability.--
    The unclassified portion of the report required by subsection (b) shall
    be made available to the public, including through publication in the
    Federal Register. <>  In any case in
    which the President concludes that such publication would be harmful to
    the national security of the United States, only a statement that a
    determination or finding has been made by the President, including the
    name and section of the Act under which it was made, shall be published.

    (h) Definitions.--In this section, the term ``appropriate
    congressional committees'' means--
    (1) the Committee on Foreign Relations and the Committee on
    the Judiciary of the Senate;
    (2) the Committee on Foreign Affairs and the Committee on
    the Judiciary of the House of Representatives.

    Subtitle G--Other Provisions

    SEC. 361. OFFICE OF SANCTIONS COORDINATION.

    (a) Office of Sanctions Coordination of the Department of State.--
    (1) In general.--Section 1 of the State Department Basic
    Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
    at the end the following new subsection:

    ``(h) Office of Sanctions Coordination.--
    ``(1) In general.--There is established, within the
    Department of State, an Office of Sanctions Coordination (in
    this subsection referred to as the `Office').
    ``(2) Head.--The head of the Office shall--
    ``(A) have the rank and status of ambassador;
    ``(B) be appointed by the President, by and with the
    advice and consent of the Senate; and
    ``(C) report directly to the Secretary of State.
    ``(3) Duties.--The head of the Office shall--
    ``(A) exercise sanctions authorities delegated to
    the Secretary;
    ``(B) serve as the principal advisor to the senior
    management of the Department and the Secretary regarding
    the development and implementation of sanctions policy;

    [[Page 3132]]

    ``(C) serve as the lead representative of the United
    States in diplomatic engagement on sanctions matters;
    ``(D) consult and closely coordinate with allies and
    partners of the United States, including the United
    Kingdom, the European Union and member countries of the
    European Union, Canada, Australia, New Zealand, Japan,
    and South Korea, to ensure the maximum effectiveness of
    sanctions imposed by the United States and such allies
    and partners;
    ``(E) serve as the coordinator for the development
    and implementation of sanctions policy with respect to
    all activities, policies, and programs of all bureaus
    and offices of the Department relating to the
    development and implementation of sanctions policy; and
    ``(F) serve as the lead representative of the
    Department in interagency discussions with respect to
    the development and implementation of sanctions policy.
    ``(4) Direct hire authority.--
    ``(A) In general.--The head of the Office may
    appoint, without regard to the provisions of sections
    3309 through 3318 of title 5, United States Code,
    candidates directly to positions in the competitive
    service, as defined in section 2102 of that title, in
    the Office.
    ``(B) Termination.--The authority provided under
    subparagraph (A) shall terminate on the date that is two
    years after the date of the enactment of this
    subsection.''.
    (2) Conforming amendment.--Section 1(c)(3) of the State
    Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(3))
    is amended by adding at the end the following new subparagraph:
    ``(C) Coordination.--The Assistant Secretary
    authorized under subparagraph (A) shall coordinate with
    the Office of Sanctions Coordination established under
    subsection (h) with respect to the development and
    implementation of economic sanctions.''.
    (3) <>  Briefing required.--Not later than
    60 days after the date of the enactment of this Act and every 90
    days thereafter until the date that is two years after such date
    of enactment, the Secretary of State shall brief the appropriate
    congressional committees on the efforts of the Department of
    State to establish the Office of Sanctions Coordination pursuant
    to subsection (h) of section 1 of the State Department Basic
    Authorities Act of 1956, as added by paragraph (1), including a
    description of--
    (A) measures taken to implement the requirements of
    such subsection and to establish the Office;
    (B) actions taken by the Office to carry out the
    duties listed in paragraph (3) of such subsection;
    (C) the resources devoted to the Office, including
    the number of employees working in the Office; and
    (D) plans for the use of the direct hire authority
    provided under paragraph (4) of such subsection.

    (b) <>  Coordination With Allies and
    Partners of the United States.--
    (1) In general.--The Secretary of State shall develop and
    implement mechanisms and programs, as appropriate, through the
    head of the Office of Sanctions Coordination established
    pursuant to subsection (h) of section 1 of the State Department

    [[Page 3133]]

    Basic Authorities Act of 1956, as added by subsection (a)(1), to
    coordinate the development and implementation of United States
    sanctions policies with allies and partners of the United
    States, including the United Kingdom, the European Union and
    member countries of the European Union, Canada, Australia, New
    Zealand, Japan, and South Korea.
    (2) Information sharing.--The Secretary should pursue the
    development and implementation of mechanisms and programs under
    paragraph (1), as appropriate, that involve the sharing of
    information with respect to policy development and sanctions
    implementation.
    (3) Capacity building.--The Secretary should pursue efforts,
    in coordination with the Secretary of the Treasury and the head
    of any other Federal agency the Secretary considers appropriate,
    to assist allies and partners of the United States, including
    the countries specified in paragraph (1), as appropriate, in the
    development of their legal and technical capacities to develop
    and implement sanctions authorities.
    (4) Exchange programs.--In furtherance of the efforts
    described in paragraph (3), the Secretary, in coordination with
    the Secretary of the Treasury and the head of any other Federal
    agency the Secretary considers appropriate, may enter into
    agreements with counterpart agencies in foreign governments
    establishing exchange programs for the temporary detail of
    Federal Government employees to share information and expertise
    with respect to the development and implementation of sanctions
    authorities.
    (5) <>  Briefing required.--Not later than
    90 days after the date of the enactment of this Act and every
    180 days thereafter until the date that is five years after such
    date of enactment, the Secretary of State shall brief the
    appropriate congressional committees on the efforts of the
    Department of State to implement this section, including a
    description of--
    (A) measures taken to implement paragraph (1);
    (B) actions taken pursuant to paragraphs (2) through
    (4);
    (C) the extent of coordination between the United
    States and allies and partners of the United States,
    including the countries specified in paragraph (1), with
    respect to the development and implementation of
    sanctions policy; and
    (D) obstacles preventing closer coordination between
    the United States and such allies and partners with
    respect to the development and implementation of
    sanctions policy.

    (c) Sense of Congress.--It is the sense of the Congress that the
    President should appoint a coordinator for sanctions and national
    economic security issues within the framework of the National Security
    Council.
    (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
    (1) the Committee on Foreign Relations, the Committee on
    Banking, Housing, and Urban Affairs, the Committee on Homeland
    Security and Governmental Affairs, and the Committee on Finance
    of the Senate; and
    (2) the Committee on Foreign Affairs, the Committee on
    Financial Services, the Committee on Oversight and Reform,

    [[Page 3134]]

    and the Committee on Way and Means of the House of
    Representatives.

    TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES

    SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.

    (a) Section 10 of the Legislative Branch Appropriations Act, 2005 (2
    U.S.C. 6628) is amended--
    (1) by redesignating subsection (b) as subsection (h); and
    (2) by striking subsection (a) and inserting the following:

    ``(a) In General.--In this section--
    ``(1) the term `agent of the Office of the SAA' includes a
    provider of electronic communication service or remote computing
    service commissioned or used through the Office of the SAA by a
    Senate office to provide such services to the Senate office;
    ``(2) the term `electronic communication service' has the
    meaning given that term in section 2510 of title 18, United
    States Code;
    ``(3) the term `Office of the SAA' means the Office of the
    Sergeant at Arms and Doorkeeper of the Senate;
    ``(4) the term `provider for a Senate office' means a
    provider of electronic communication service or remote computing
    service directly commissioned or used by a Senate office to
    provide such services;
    ``(5) the term `remote computing service' has the meaning
    given that term in section 2711 of title 18, United States Code;
    ``(6) the term `Senate data', with respect to a Senate
    office, means any electronic mail or other electronic or data
    communication, other data (including metadata), or other
    information of the Senate office; and
    ``(7) the term `Senate office' means a committee or office
    of the Senate, including a Senator, an officer of the Senate, or
    an employee of, intern at, or other agent of a committee or
    office of the Senate.

    ``(b) Treatment.--
    ``(1) Retaining possession.--
    ``(A) In general.--A Senate office shall be deemed
    to retain possession of any Senate data of the Senate
    office, without regard to the use by the Senate office
    of any individual or entity described in paragraph (2)
    for the purposes of any function or service described in
    paragraph (2).
    ``(B) Rule of construction.--Subparagraph (A) shall
    not be construed to limit the use by an intended
    recipient of any Senate data from a Senate office.
    ``(2) Sergeant at arms and providers for a senate office.--
    The Office of the SAA, any officer, employee, or agent of the
    Office of the SAA, and any provider for a Senate office shall
    not be treated as acquiring possession, custody, or control of
    any Senate data by reason of its being transmitted, processed,
    or stored (whether temporarily or otherwise) through the use of
    an electronic system established, maintained, or operated, or
    the use of electronic services provided, in whole or in part

    [[Page 3135]]

    by the Office of the SAA, the officer, employee, or agent of the
    Office of the SAA, or the provider for the Senate office.

    ``(c) Notification.--Notwithstanding any other provision of law or
    rule of civil or criminal procedure, the Office of the SAA, any officer,
    employee, or agent of the Office of the SAA, and any provider for a
    Senate office that is providing services to or used by a Senate office
    shall not be barred, through operation of any court order or any
    statutory provision, from notifying the Senate office of any legal
    process seeking disclosure of Senate data of the Senate office that is
    transmitted, processed, or stored (whether temporarily or otherwise)
    through the use of an electronic system established, maintained, or
    operated, or the use of electronic services provided, in whole or in
    part by the Office of the SAA, the officer, employee, or agent of the
    Office of the SAA, or the provider for a Senate office.
    ``(d) Motions to Quash or Modify.--Upon a motion made promptly by a
    Senate office or provider for a Senate office, a court of competent
    jurisdiction shall quash or modify any legal process directed to the
    provider for a Senate office if compliance with the legal process would
    require the disclosure of Senate data of the Senate office.
    ``(e) Information Regarding Implications of Using Providers.--The
    Office <>  of the SAA, in consultation with the
    Senate Legal Counsel, shall provide information to each Senate office
    that commissions or uses a provider of electronic communication service
    or remote computing service to provide such services to the Senate
    office regarding the potential constitutional implications and the
    potential impact on privileges that may be asserted by the Senate
    office.

    ``(f) Applicable Privileges.--Nothing in this section shall be
    construed to limit or supersede any applicable privilege, immunity, or
    other objection that may apply to the disclosure of Senate data.
    ``(g) Preemption.--Except as provided in this section, any provision
    of law or rule of civil or criminal procedure of any State, political
    subdivision, or agency thereof, which is inconsistent with this section
    shall be deemed to be preempted and superseded.''.
    (b)(1) <>  In this subsection, the terms
    ``Senate data'' and ``Senate office'' have the meanings given such terms
    in section 10 of the Legislative Branch Appropriations Act, 2005, as
    amended by subsection (a) of this section.

    (2) The amendments made by this section shall--
    (A) take effect as though included in the Legislative Branch
    Appropriations Act, 2005 (division G of Public Law 108-447; 118
    Stat. 3166); and
    (B) apply with respect to--
    (i) <>  any legal process seeking
    disclosure of Senate data of a Senate office that is
    filed, issued, or made on or after the date of enactment
    of this Act; and
    (ii) any matter that is pending on or after the date
    of enactment of this Act that relates to legal process
    described in clause (i) that is filed, issued, or made
    before the date of enactment of this Act, unless the
    Senate data of the Senate office was disclosed in
    accordance with such legal process before the date of
    enactment of this Act.

    [[Page 3136]]

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

    SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY
    IN PLUM ISLAND, NEW YORK.

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

    TITLE VI--PREVENTING <>  ONLINE SALES OF E-CIGARETTES TO CHILDREN
    SEC. 601. <>  SHORT TITLE.

    This title may be cited as the ``Preventing Online Sales of E-
    Cigarettes to Children Act''.
    SEC. 602. AMENDMENTS TO THE JENKINS ACT.

    (a) In General.--The Act entitled ``An Act to assist States in
    collecting sales and use taxes on cigarettes'', approved October 19,
    1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.), is
    amended--
    (1) in section 1 (15 U.S.C. 375)--
    (A) in paragraph (2)(A)(ii)--
    (i) by striking ``includes roll-your-own
    tobacco'' and inserting the following:
    ``includes--
    ``(I) roll-your-own tobacco'';
    (ii) in subclause (I), as so designated, by
    striking the period at the end and inserting ``;
    and''; and
    (iii) by adding at the end the following:
    ``(II) an electronic nicotine
    delivery system.'';
    (B) by redesignating paragraphs (7) through (14) as
    paragraphs (8) through (15), respectively; and
    (C) by inserting after paragraph (6) the following:
    ``(7) Electronic nicotine delivery system.--The term
    `electronic nicotine delivery system'--
    ``(A) means any electronic device that, through an
    aerosolized solution, delivers nicotine, flavor, or any
    other substance to the user inhaling from the device;
    ``(B) includes--

    [[Page 3137]]

    ``(i) an e-cigarette;
    ``(ii) an e-hookah;
    ``(iii) an e-cigar;
    ``(iv) a vape pen;
    ``(v) an advanced refillable personal
    vaporizer;
    ``(vi) an electronic pipe; and
    ``(vii) any component, liquid, part, or
    accessory of a device described in subparagraph
    (A), without regard to whether the component,
    liquid, part, or accessory is sold separately from
    the device; and
    ``(C) does not include a product that is--
    ``(i) approved by the Food and Drug
    Administration for--
    ``(I) sale as a tobacco cessation
    product; or
    ``(II) any other therapeutic
    purpose; and
    ``(ii) marketed and sold solely for a purpose
    described in clause (i).''; and
    (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting
    ``NICOTINE/'' after
    ``CIGARETTES/''.

    (b) <>  Effective Date.--This section, and
    the amendments made by this section, shall take effect on the date that
    is 90 days after the date of enactment of this Act.

    (c) <>  Rule of Construction.--Nothing in
    this section, or an amendment made by this section, may be construed to
    affect or otherwise alter any provision of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 301 et seq.), including its implementing
    regulations.
    SEC. 603. <>  NONMAILABILITY OF
    ELECTRONIC NICOTINE DELIVERY SYSTEMS.

    (a) <>  Regulations.--Not later than 120 days after
    the date of enactment of this Act, the United States Postal Service
    shall promulgate regulations to clarify the applicability of the
    prohibition on mailing of cigarettes under section 1716E of title 18,
    United States Code, to electronic nicotine delivery systems, in
    accordance with the amendment to the definition of ``cigarette'' made by
    section 602.

    (b) Effective Date.--The prohibition on mailing of cigarettes under
    section 1716E of title 18, United States Code, shall apply to electronic
    nicotine delivery systems on and after the date on which the United
    States Postal Service promulgates regulations under subsection (a) of
    this section.

    TITLE VII--FAFSA <>  SIMPLIFICATION
    SEC. 701. SHORT TITLE; EFFECTIVE DATE.

    (a) <>  Short Title.--This title may be
    cited as the ``FAFSA Simplification Act''.

    (b) <>  General Effective
    Date.--Except as otherwise expressly provided, this Act, and the
    amendments made by this title to the Higher Education Act of 1965 (20
    U.S.C. 1001 et seq.), shall take effect on July 1, 2023, and shall apply
    with respect to award year 2023-2024 and each subsequent award year, as
    determined under the Higher Education Act of 1965. The Secretary of
    Education shall have the authority to take such steps as are necessary
    before

    [[Page 3138]]

    July 1, 2023, to provide for the orderly implementation on such date of
    the amendments to the Higher Education Act of 1965 made by this Act.
    SEC. 702. <>  MAKING IT EASIER TO APPLY FOR
    FEDERAL AID AND MAKING THAT AID
    PREDICTABLE.

    (a) Need Analysis.--
    (1) In general.--Section 471 of the Higher Education Act of
    1965 (20 U.S.C. 1087kk) is amended to read as follows:
    ``SEC. 471. AMOUNT OF NEED.

    ``Except as otherwise provided therein, for award year 2023-2024 and
    each subsequent award year, the amount of need of any student for
    financial assistance under this title (except subpart 1 or 2 of part A)
    is equal to--
    ``(1) the cost of attendance of such student, minus
    ``(2) the student aid index (as defined in section 473) for
    such student, minus
    ``(3) other financial assistance not received under this
    title (as defined in section 480(i)).''.
    (2) Maximum aid under part d.--Section 451 of the Higher
    Education Act of 1965 (20 U.S.C. 1087a) is amended by adding at
    the end the following:

    ``(c) Maximum Aid.--The maximum dollar amount of financial
    assistance provided under this part to a student shall not exceed the
    cost of attendance for such student.''.
    (3) <>  Guidance to states.--The
    Secretary of Education shall issue guidance for States on
    interpretation and implementation of the terminology and formula
    adjustments made to the Higher Education Act of 1965 (20 U.S.C.
    1001 et seq.) under the amendments by this Act, including the
    student aid index, formerly known as the expected family
    contribution, and the need analysis formulas.

    (b) Cost of Attendance and Student Aid Index.--Sections 472 and 473
    of the Higher Education Act of 1965 (20 U.S.C. 1087ll and 1087mm) are
    amended to read as follows:
    ``SEC. 472. COST OF ATTENDANCE.

    ``(a) In General.--For the purpose of this title, the term `cost of
    attendance' means--
    ``(1) tuition and fees normally assessed a student carrying
    the same academic workload as determined by the institution;
    ``(2) an allowance for books, course materials, supplies,
    and equipment, which shall include all such costs required of
    all such students in the same course of study, including a
    reasonable allowance for the documented rental or upfront
    purchase of a personal computer, as determined by the
    institution;
    ``(3) an allowance for transportation, which may include
    transportation between campus, residences, and place of work, as
    determined by the institution;
    ``(4) an allowance for miscellaneous personal expenses, for
    a student attending the institution on at least a half-time
    basis, as determined by the institution;
    ``(5) an allowance for living expenses, including food and
    housing costs, to be incurred by the student attending the
    institution on at least a half-time basis, as determined by the
    institution, which shall include--

    [[Page 3139]]

    ``(A) for a student electing institutionally owned
    or operated food services, such as board or meal plans,
    a standard allowance for such services that provides the
    equivalent of three meals each day;
    ``(B) for a student not electing institutionally
    owned or operated food services, such as board or meal
    plans, a standard allowance for purchasing food off
    campus that provides the equivalent of three meals each
    day;
    ``(C) for a student without dependents residing in
    institutionally owned or operated housing, a standard
    allowance determined by the institution based on the
    average or median amount assessed to such residents for
    housing charges, whichever is greater;
    ``(D) for a student with dependents residing in
    institutionally owned or operated housing, a standard
    allowance determined by the institution based on the
    average or median amount assessed to such residents for
    housing charges, whichever is greater;
    ``(E) for a student living off campus, and not in
    institutionally owned or operated housing, a standard
    allowance for rent or other housing costs;
    ``(F) for a dependent student residing at home with
    parents, a standard allowance that shall not be zero
    determined by the institution;
    ``(G) for a student living in housing located on a
    military base or for which a basic allowance is provided
    under section 403(b) of title 37, United States Code, a
    standard allowance for food based upon such student's
    choice of purchasing food on-campus or off-campus
    (determined respectively in accordance with subparagraph
    (A) or (B)), but not for housing costs; and
    ``(H) for all other students, an allowance based on
    the expenses reasonably incurred by such students for
    housing and food;
    ``(6) for a student engaged in a program of study by
    correspondence, only tuition and fees and, if required, books
    and supplies, travel, and housing and food costs incurred
    specifically in fulfilling a required period of residential
    training;
    ``(7) for a confined or incarcerated student, only tuition,
    fees, books, course materials, supplies, equipment, and the cost
    of obtaining a license, certification, or a first professional
    credential in accordance with paragraph (14);
    ``(8) for a student enrolled in an academic program in a
    program of study abroad approved for credit by the student's
    home institution, reasonable costs associated with such study
    (as determined by the institution at which such student is
    enrolled);
    ``(9) for a student with one or more dependents, an
    allowance based on the estimated actual expenses incurred for
    such dependent care, based on the number and age of such
    dependents, except that--
    ``(A) such allowance shall not exceed the reasonable
    cost in the community in which such student resides for
    the kind of care provided; and
    ``(B) the period for which dependent care is
    required includes, but is not limited to, class-time,
    study-time, field work, internships, and commuting time;

    [[Page 3140]]

    ``(10) for a student with a disability, an allowance (as
    determined by the institution) for those expenses related to the
    student's disability, including special services, personal
    assistance, transportation, equipment, and supplies that are
    reasonably incurred and not provided for by other assisting
    agencies;
    ``(11) for a student receiving all or part of the student's
    instruction by means of telecommunications technology, no
    distinction shall be made with respect to the mode of
    instruction in determining costs;
    ``(12) for a student engaged in a work experience under a
    cooperative education program, an allowance for reasonable costs
    associated with such employment (as determined by the
    institution);
    ``(13) for a student who receives a Federal student loan
    made under this title or any other Federal law, to cover a
    student's cost of attendance at the institution, an allowance
    for the actual cost of any loan fee, origination fee, or
    insurance premium charged to such student or the parent of such
    student on such loan; and
    ``(14) for a student in a program requiring professional
    licensure, certification, or a first professional credential,
    the cost of obtaining the license, certification, or a first
    professional credential.

    ``(b) Special Rule for Living Expenses for Less-than-half-time
    Students.--For students attending an institution of higher education
    less than half-time, an institution of higher education may include an
    allowance for living expenses, including food and housing costs in
    accordance with subsection (a)(4) for up to three semesters, or the
    equivalent, with no more than two semesters being consecutive.
    ``(c) Disclosure of Cost of Attendance Elements.--Each institution
    shall make publicly available on the institution's website a list of all
    the elements of cost of attendance described in paragraphs (1) through
    (14) of subsection (a), and shall disclose such elements on any portion
    of the website describing tuition and fees of the institution.
    ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.

    ``(a) <>  In General.--For the purpose of this
    Act, the term `student aid index' means, with respect to a student, an
    index that reflects an evaluation of a student's approximate financial
    resources to contribute toward the student's postsecondary education for
    the academic year, as determined in accordance with this part.

    ``(b) Special Rule for Students Eligible for the Total Maximum Pell
    Grant.--The Secretary shall consider an applicant to automatically have
    a student aid index equal to zero if the applicant is eligible for the
    total maximum Federal Pell Grant under section 401(b)(1)(A), except
    that, if the applicant has a calculated student aid index of less than
    zero the Secretary shall consider the negative number as the student aid
    index for the applicant.
    ``(c) Special Rule for Nonfilers.--Notwithstanding subsection (b),
    for an applicant (or, as applicable, an applicant and spouse, or an
    applicant's parents) who is not required to file a Federal tax return
    for the second preceding tax year, the Secretary

    [[Page 3141]]

    shall for the purposes of this title consider the student aid index as
    equal to - $1,500 for the applicant.''.
    (c) Determination of Student Aid Index.--Section 474 of the Higher
    Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:
    ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.

    ``The student aid index--
    ``(1) for a dependent student shall be determined in
    accordance with section 475;
    ``(2) for a single independent student or a married
    independent student without dependents (other than a spouse)
    shall be determined in accordance with section 476; and
    ``(3) for an independent student with dependents other than
    a spouse shall be determined in accordance with section 477.''.

    (d) Student Aid Index for Dependent Students.--Section 475 of the
    Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as
    follows:
    ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

    ``(a) Computation of Student Aid Index.--
    ``(1) <>  In general.--Except as
    provided in paragraph (2), for each dependent student, the
    student aid index is equal to the sum of--
    ``(A) the assessment of the parents' adjusted
    available income (determined in accordance with
    subsection (b));
    ``(B) the assessment of the student's available
    income (determined in accordance with subsection (g));
    and
    ``(C) the student's available assets (determined in
    accordance with subsection (h)).
    ``(2) Exception.--If the sum determined under paragraph (1)
    with respect to a dependent student is less than - $1,500, the
    student aid index for the dependent student shall be - $1,500.

    ``(b) Assessment of Parents' Adjusted Available Income.--The
    assessment of parents' adjusted available income is equal to the amount
    determined by--
    ``(1) computing adjusted available income by adding--
    ``(A) the parents' available income (determined in
    accordance with subsection (c)); and
    ``(B) the parents' available assets (determined in
    accordance with subsection (d));
    ``(2) assessing such adjusted available income in accordance
    with the assessment schedule set forth in subsection (e); and
    ``(3) considering such assessment resulting under paragraph
    (2) as the amount determined under this subsection.

    ``(c) Parents' Available Income.--
    ``(1) In general.--The parents' available income is
    determined by subtracting from total income (as defined in
    section 480)--
    ``(A) Federal income taxes;
    ``(B) an allowance for payroll taxes, determined in
    accordance with paragraph (2);
    ``(C) an income protection allowance, determined in
    accordance with paragraph (3); and
    ``(D) an employment expense allowance, determined in
    accordance with paragraph (4).

    [[Page 3142]]

    ``(2) Allowance for payroll taxes.--The allowance for
    payroll taxes is equal to the sum of--
    ``(A) the total amount earned by the parents,
    multiplied by the rate of tax under section 3101(b) of
    the Internal Revenue Code of 1986; and
    ``(B) the amount earned by the parents that does not
    exceed such contribution and benefit base (twice such
    contribution and benefit base, in the case of a joint
    return) for the year of the earnings, multiplied by the
    rate of tax applicable to such earnings under section
    3101(a) of the Internal Revenue Code of 1986.
    ``(3) Income protection allowance.--The income protection
    allowance shall equal the amount determined in the following
    table, as adjusted by the Secretary pursuant to section 478(b):

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

    ``(4) Employment expense allowance.--The employment expense
    allowance is equal to the lesser of $4,000 or 35 percent of the
    single parent's earned income or married parents' combined
    earned income (as adjusted by the Secretary pursuant to section
    478(g)).

    ``(d) Parents' Available Assets.--
    ``(1) In general.--
    ``(A) Determination.--Except as provided in
    subparagraph (B), the parents' available assets are
    equal to--
    ``(i) the difference between the parents'
    assets and the asset protection allowance
    (determined in accordance with paragraph (2));
    multiplied by
    ``(ii) 12 percent.
    ``(B) Not less than zero.--The parents' available
    assets under this subsection shall not be less than
    zero.
    ``(2) Asset protection allowance.--The asset protection
    allowance is calculated based on the following table (as revised
    by the Secretary pursuant to section 478(d)):

    ``Asset Protection Allowances for Parents of Dependent Students
    ----------------------------------------------------------------------------------------------------------------
    And there are
    -------------------------------------------------
    two parents               one parent
    If the age of the oldest parent is--              -------------------------------------------------
    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300

    [[Page 3143]]

    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

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

    [[Page 3144]]

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

    ``(f) Consideration of Parental Income.--
    ``(1) Parents who live together.--Parental income and assets
    in the case of student whose parents are married and not
    separated, or who are unmarried but live together, shall include
    the income and assets of both parents.
    ``(2) Divorced or separated parents.--Parental income and
    assets for a student whose parents are divorced or separated,
    but not remarried, is determined by including only the income
    and assets of the parent who provides the greater portion of the
    student's financial support.
    ``(3) Death of a parent.--Parental income and assets in the
    case of the death of any parent is determined as follows:
    ``(A) If either of the parents has died, the
    surviving parent shall be considered a single parent,
    until that parent has remarried.
    ``(B) If both parents have died, the student shall
    not report any parental income or assets.
    ``(4) Remarried parents.--If a parent whose income and
    assets are taken into account under paragraph (2), or if a
    parent who is a widow or widower and whose income is taken into
    account under paragraph (3), has remarried, the income of that
    parent's spouse shall be included in determining the parent's
    assessment of adjusted available income if the student's parent
    and the stepparent are married as of the date of application for
    the award year concerned.
    ``(5) Single parent who is not divorced or separated.--
    Parental income and assets in the case of a student whose parent
    is not described in paragraph (1) and is a single parent who is
    not divorced, separated, or remarried, shall include the income
    and assets of such single parent.

    ``(g) Student's Available Income.--
    ``(1) In general.--The student's available income is equal
    to--
    ``(A) the difference between the student's total
    income (determined in accordance with section 480) and
    the adjustment to student income (determined in
    accordance with paragraph (2)); multiplied by
    ``(B) 50 percent.
    ``(2) Adjustment to student income.--The adjustment to
    student income is equal to the sum of--
    ``(A) Federal income taxes;
    ``(B) an allowance for payroll taxes determined in
    accordance with paragraph (3);
    ``(C) an income protection allowance that is equal
    to $9,410, as adjusted pursuant to section 478(b); and

    [[Page 3145]]

    ``(D) an allowance for parents' negative available
    income, determined in accordance with paragraph (4).
    ``(3) Allowance for payroll taxes.--The allowance for
    payroll taxes is equal to the sum of--
    ``(A) the total amount earned by the student,
    multiplied by the rate of tax under section 3101(b) of
    the Internal Revenue Code of 1986; and
    ``(B) the amount earned by the student that does not
    exceed such contribution and benefit base for the year
    of the earnings, multiplied by the rate of tax
    applicable to such earnings under section 3101(a) of the
    Internal Revenue Code of 1986.
    ``(4) Allowance for parents' negative available income.--The
    allowance for parents' negative available income is the amount,
    if any, by which the sum of the amounts deducted under
    subsection (c)(1) exceeds the sum of the parents' total income
    (as defined in section 480) and the parents' available assets
    (as determined in accordance with subsection (d)).

    ``(h) Student's Assets.--The student's assets are determined by
    calculating the assets of the student and multiplying such amount by 20
    percent, except that the result shall not be less than zero.''.
    (e) Student Aid Index for Independent Students Without Dependents
    Other Than a Spouse.--Section 476 of the Higher Education Act of 1965
    (20 U.S.C. 1087pp) is amended to read as follows:
    ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT
    DEPENDENTS OTHER THAN A SPOUSE.

    ``(a) Computation of Student Aid Index.--
    ``(1) In general.--For each independent student without
    dependents other than a spouse, the student aid index is equal
    to (except as provided in paragraph (2)) the sum of--
    ``(A) the family's available income (determined in
    accordance with subsection (b)); and
    ``(B) the family's available assets (determined in
    accordance with subsection (c)).
    ``(2) Exception.--If the sum determined under paragraph (1)
    with respect to an independent student without dependents other
    than a spouse is less than - $1,500, the student aid index for
    the independent student shall be - $1,500.

    ``(b) Family's Available Income.--
    ``(1) In general.--The family's available income is
    determined by--
    ``(A) deducting from total income (as defined in
    section 480)--
    ``(i) Federal income taxes;
    ``(ii) an allowance for payroll taxes,
    determined in accordance with paragraph (2);
    ``(iii) an income protection allowance that is
    equal to--
    ``(I) in the case of a single
    independent student without dependents,
    $14,630, as adjusted pursuant to section
    478(b); and
    ``(II) in the case of a married
    independent student without dependents,
    $23,460, as adjusted pursuant to section
    478(b); and

    [[Page 3146]]

    ``(iv) in the case of a married independent
    student, an employment expense allowance, as
    determined in accordance with paragraph (3); and
    ``(B) multiplying the amount determined under
    subparagraph (A) by 50 percent.
    ``(2) Allowance for payroll taxes.--The allowance for
    payroll taxes is equal to the sum of--
    ``(A) the total amount earned by the student (and
    spouse, if appropriate), multiplied by the rate of tax
    under section 3101(b) of the Internal Revenue Code of
    1986; and
    ``(B) the amount earned by the student (and spouse,
    if appropriate) that does not exceed such contribution
    and benefit base (twice such contribution and benefit
    base, in the case of a joint return) for the year of the
    earnings, multiplied by the rate of tax applicable to
    such earnings under section 3101(a) of the Internal
    Revenue Code of 1986.
    ``(3) Employment expense allowance.--The employment expense
    allowance is equal to the following:
    ``(A) If the student is married, such allowance is
    equal to the lesser of $4,000 or 35 percent of the
    couple's combined earned income (as adjusted by the
    Secretary pursuant to section 478(g)).
    ``(B) If the student is not married, the employment
    expense allowance is zero.

    ``(c) Family's Available Assets.--
    ``(1) In general.--
    ``(A) Determination.--Except as provided in
    subparagraph (B), the family's available assets are
    equal to--
    ``(i) the difference between the family's
    assets (as defined in section 480(f)) and the
    asset protection allowance (determined in
    accordance with paragraph (2)); multiplied by
    ``(ii) 20 percent.
    ``(B) Not less than zero.--The family's available
    assets under this subsection shall not be less than
    zero.
    ``(2) Asset protection allowance.--The asset protection
    allowance is calculated based on the following table (as revised
    by the Secretary pursuant to section 478(d)):

    ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
    And the student is
    -------------------------------------------------
    married                   single
    If the age of the student is--                -------------------------------------------------
    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300

    [[Page 3147]]

    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

    ``(d) Computations in Case of Separation, Divorce, or Death.--In the
    case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
    (f) Student Aid Index for Independent Students With Dependents Other
    Than a Spouse.--Section 477 of the Higher Education Act of 1965 (20
    U.S.C. 1087qq) is amended to read as follows:
    ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH
    DEPENDENTS OTHER THAN A SPOUSE.

    ``(a) Computation of Student Aid Index.--
    ``(1) In general.--For each independent student with
    dependents other than a spouse, the student aid index is equal
    to the amount determined by--
    ``(A) computing adjusted available income by
    adding--

    [[Page 3148]]

    ``(i) the family's available income
    (determined in accordance with subsection (b));
    and
    ``(ii) the family's available assets
    (determined in accordance with subsection (c));
    ``(B) assessing such adjusted available income in
    accordance with an assessment schedule set forth in
    subsection (d); and
    ``(C) considering such assessment resulting under
    subparagraph (B) as the amount determined under this
    subsection.
    ``(2) Exception.--If the sum determined under paragraph (1)
    with respect to an independent student with dependents other
    than a spouse is less than - $1,500, the student aid index for
    the independent student shall be - $1,500.

    ``(b) Family's Available Income.--
    ``(1) In general.--The family's available income is
    determined by deducting from total income (as defined in section
    480)--
    ``(A) Federal income taxes;
    ``(B) an allowance for payroll taxes, determined in
    accordance with paragraph (2);
    ``(C) an income protection allowance, determined in
    accordance with paragraph (3); and
    ``(D) an employment expense allowance, determined in
    accordance with paragraph (4).
    ``(2) Allowance for payroll taxes.--The allowance for
    payroll taxes is equal to the sum of--
    ``(A) the total amount earned by the student (and
    spouse, if appropriate), multiplied by the rate of tax
    under section 3101(b) of the Internal Revenue Code of
    1986; and
    ``(B) the amount earned by the student (and spouse,
    if appropriate) that does not exceed such contribution
    and benefit base (twice such contribution and benefit
    base, in the case of a joint return) for the year of the
    earnings, multiplied by the rate of tax applicable to
    such earnings under section 3101(a) of the Internal
    Revenue Code of 1986.
    ``(3) Income protection allowance.--The income protection
    allowance shall equal the amount determined in the following
    table, as adjusted by the Secretary pursuant to section 478(b):
    ``(A) In the case of a married independent student
    with dependents:

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

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

    [[Page 3149]]

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

    ``(4) Employment expense allowance.--The employment expense
    allowance is equal to the lesser of $4,000 or 35 percent of the
    student's earned income or the combined earned income of the
    student and the student's spouse, if applicable (as adjusted by
    the Secretary pursuant to section 478(g)).

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

    ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
    And the student is
    -------------------------------------------------
    married                   single
    If the age of the student is--                -------------------------------------------------
    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200

    [[Page 3150]]

    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

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

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

    ``(e) Computations in Case of Separation, Divorce, or Death.--In the
    case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
    (g) Regulations; Updated Tables.--Section 478 of the Higher
    Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:

    [[Page 3151]]

    ``SEC. 478. <> REGULATIONS;
    UPDATED TABLES.

    ``(a) Authority To Prescribe Regulations Restricted.--
    Notwithstanding any other provision of law, the Secretary shall not have
    the authority to prescribe regulations to carry out this part except--
    ``(1) to prescribe updated tables in accordance with
    subsections (b) through (g); and
    ``(2) with respect to the definition of cost of attendance
    under section 472, excluding section 472(a)(1).

    ``(b) <>  Income Protection Allowance
    Adjustments.--For award year 2023-2024 and each subsequent award year,
    the Secretary shall publish in the Federal Register revised income
    protection allowances for the purposes of subsections (c)(3) and
    (g)(2)(C) of section 475, subclauses (I) and (II) of section
    476(b)(1)(A)(iii), and section 477(b)(3), by increasing the income
    protection allowances in each of such provisions, by a percentage equal
    to the percentage increase in the Consumer Price Index, as defined in
    subsection (f), between April 2020 and the April in the year prior to
    the beginning of the award year and rounding the result to the nearest
    $10.

    ``(c) Adjusted Net Worth of a Farm or Business.--
    ``(1) Table.--The table of the net worth of a farm or
    business for purposes of making determinations of assets as
    defined under section 480(f) is the following:

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

    ``(2) <>  Revised tables.--For award
    year 2023-2024 and each subsequent award year, the Secretary
    shall publish in the Federal Register a revised table of the
    adjusted net worth of a farm or business for purposes of section
    480(f). Such revised table shall be developed--
    ``(A) by increasing each dollar amount that refers
    to net worth of a farm or business by a percentage equal
    to the percentage increase in the Consumer Price Index
    between April 2020 and the April in the year prior to
    the beginning of such award year, and rounding the
    result to the nearest $5,000; and
    ``(B) by adjusting the dollar amounts in the column
    referring to the adjusted net worth to reflect the
    changes made pursuant to subparagraph (A).

    ``(d) Asset Protection Allowance.--For award year 2023-2024 and each
    subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of allowances for the purpose of sections
    475(d)(2), 476(c)(2), and 477(c)(2). Such revised table shall be
    developed by determining the present value cost, rounded to the nearest
    $100, of an annuity that would provide, for each

    [[Page 3152]]

    age cohort of 40 and above, a supplemental income at age 65 (adjusted
    for inflation) equal to the difference between the moderate family
    income (as most recently determined by the Bureau of Labor Statistics),
    and the current average social security retirement benefits. For each
    age cohort below 40, the allowance shall be computed by decreasing the
    allowance for age 40, as updated, by one-fifteenth for each year of age
    below age 40 and rounding the result to the nearest $100. In making such
    determinations--
    ``(1) the tables of allowances specified in sections
    475(d)(2), 476(c)(2), and 477(c)(2) shall be considered to be
    for award year 2021-2022 for the purposes of calculating
    inflation;
    ``(2) inflation shall be presumed to be 6 percent per year;
    ``(3) the rate of return of an annuity shall be presumed to
    be 8 percent; and
    ``(4) the sales commission on an annuity shall be presumed
    to be 6 percent.

    ``(e) Assessment Schedules and Rates.--For award year 2023-2024 and
    each subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of assessments from adjusted available income
    for the purpose of sections 475(e) and 477(d). Such revised table shall
    be developed--
    ``(1) by increasing each dollar amount that refers to
    adjusted available income by a percentage equal to the
    percentage increase in the Consumer Price Index between April
    2020 and the April in the year prior to the beginning of such
    academic year, rounded to the nearest $100; and
    ``(2) by adjusting the other dollar amounts to reflect the
    changes made pursuant to paragraph (1).

    ``(f) Consumer Price Index Defined.--In this section, the term
    `Consumer Price Index' means the Consumer Price Index for All Urban
    Consumers published by the Department of Labor. Each annual update of
    tables to reflect changes in the Consumer Price Index shall be corrected
    for misestimation of actual changes in such Index in previous years.
    ``(g) Employment Expense Allowance.--For award year 2023-2024 and
    each succeeding award year, the Secretary shall publish in the Federal
    Register a revised table of employment expense allowances for the
    purpose of sections 475(c)(4), 476(b)(3), and 477(b)(4). Such revised
    table shall be developed by increasing the dollar amount specified in
    sections 475(c)(4), 476(b)(3), and 477(b)(4) by a percentage equal to
    the percentage increase in the Consumer Price Index, as defined in
    subsection (f), between April 2020 and the April in the year prior to
    the beginning of the award year and rounding the result to the nearest
    $10.
    ``(h) Clarification for Award Year 2023-2024.--For award year 2023-
    2024, the Secretary shall determine adjusted amounts and prescribe
    revised tables with respect to the income protection, employment
    expense, and asset protection allowances and the assessment schedules
    under sections 475, 476, and 477, pursuant to this section. The amounts
    and tables specified in sections 475, 476, and 477 with respect to such
    allowances and schedules shall only be used by the Secretary as a
    baseline for adjustments and table revisions prescribed in accordance
    with this section.''.
    (h) Applicants Exempt From Asset Reporting.--Section 479 of the
    Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as
    follows:

    [[Page 3153]]

    ``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.

    ``(a) In General.--Notwithstanding any other provision of law, this
    section shall be effective for each individual seeking to apply for
    Federal financial aid under this title, as part of the simplified
    application for Federal student financial aid under section 483, on or
    after July 1, 2023.
    ``(b) Applicants Exempt From Asset Reporting.--
    ``(1) In general.--Except as provided in paragraph (3), in
    carrying out section 483, the Secretary shall not use asset
    information from an eligible applicant or, as applicable, the
    parent or spouse of an eligible applicant.
    ``(2) <>  Eligible applicants.--In this
    subsection, the term `eligible applicant' means an applicant who
    meets at least one of the following criteria:
    ``(A) Is an applicant who qualifies for an automatic
    zero student aid index or negative student aid index
    under subsection (b) or (c) of section 473.
    ``(B) Is an applicant who is a dependent student and
    the student's parents have a total adjusted gross income
    (excluding any income of the dependent student) that is
    less than $60,000 and do not file a Schedule A, B, D, E,
    F, or H (or equivalent successor schedules) with the
    Federal income tax return for the second preceding tax
    year, and--
    ``(i) do not file a Schedule C (or the
    equivalent successor schedule) with the Federal
    income tax return for the second preceding tax
    year; or
    ``(ii) file a Schedule C (or the equivalent
    successor schedule) with net business income of
    not more than a $10,000 loss or gain with the
    Federal income tax return for the second preceding
    tax year.
    ``(C) Is an applicant who is an independent student
    and the student (including the student's spouse, if any)
    has a total adjusted gross income that is less than
    $60,000 and does not file a Schedule A, B, D, E, F, or H
    (or equivalent successor schedules), with the Federal
    income tax return for the second preceding tax year,
    and--
    ``(i) does not file a Schedule C (or the
    equivalent successor schedule) with the Federal
    income tax return for the second preceding tax
    year; or
    ``(ii) files a Schedule C (or the equivalent
    successor schedule) with net business income of
    not more than a $10,000 loss or gain with the
    Federal income tax return for the second preceding
    tax year.
    ``(D) Is an applicant who, at any time during the
    previous 24-month period, received a benefit under a
    means-tested Federal benefit program (or whose parent or
    spouse received such a benefit, as applicable).
    ``(3) Special rule.--An eligible applicant shall not be
    exempt from asset reporting under this section if the applicant
    is a dependent student and the students' parents do not--
    ``(A) reside in the United States or a United States
    territory; or
    ``(B) file taxes in the United States or a United
    States territory, except if such nonfiling is due to not
    being required to file a Federal tax return for the
    applicable tax year due to a low income.

    [[Page 3154]]

    ``(4) Definitions.--In this section:
    ``(A) Schedule a.--The term `Schedule A' means a
    form or information by a taxpayer to report itemized
    deductions.
    ``(B) Schedule b.--The term `Schedule B' means a
    form or information filed by a taxpayer to report
    interest and ordinary dividend income.
    ``(C) Schedule c.--The term `Schedule C' means a
    form or information filed by a taxpayer to report income
    or loss from a business operated or a profession
    practiced as a sole proprietor.
    ``(D) Schedule d .--The term `Schedule D' means a
    form or information filed by a taxpayer to report sales,
    exchanges or some involuntary conversions of capital
    assets, certain capital gain distributions, and
    nonbusiness bad debts.
    ``(E) Schedule e .--The term `Schedule E' means a
    form or information filed by a taxpayer to report income
    from rental properties, royalties, partnerships, S
    corporations, estates, trusts, and residual interests in
    real estate mortgage investment conduits.
    ``(F) Schedule f.--The term `Schedule F' means a
    form or information filed by a taxpayer to report farm
    income and expenses.
    ``(G) Schedule h.--The term `Schedule H' means a
    form or information filed by a taxpayer to report
    household employment taxes.
    ``(H) Means-tested federal benefit program.--The
    term `means-tested Federal benefit program' means any of
    the following:
    ``(i) The supplemental security income program
    under title XVI of the Social Security Act (42
    U.S.C. 1381 et seq.).
    ``(ii) The supplemental nutrition assistance
    program under the Food and Nutrition Act of 2008
    (7 U.S.C. 2011 et seq.), a nutrition assistance
    program carried out under section 19 of such Act
    (7 U.S.C. 2028), and a supplemental nutrition
    assistance program carried out under section 3(c)
    of the Act entitled `An Act to authorize
    appropriations for certain insular areas of the
    United States, and for other purposes' (Public Law
    95-348).
    ``(iii) The program of block grants for States
    for temporary assistance for needy families
    established under part A of title IV of the Social
    Security Act (42 U.S.C. 601 et seq.).
    ``(iv) The special supplemental nutrition
    program for women, infants, and children
    established by section 17 of the Child Nutrition
    Act of 1966 (42 U.S.C. 1786).
    ``(v) The Medicaid program under title XIX of
    the Social Security Act (42 U.S.C. 1396 et seq.).
    ``(vi) Federal housing assistance programs,
    including tenant-based assistance under section
    8(o) of the United States Housing Act of 1937 (42
    U.S.C. 1437f(o)), and public housing, as defined
    in section 3(b)(1) of such Act (42 U.S.C.
    1437a(b)(1)).

    [[Page 3155]]

    ``(vii) Other means-tested programs determined
    by the Secretary to be approximately consistent
    with the income eligibility requirements of the
    means-tested programs under clauses (i) through
    (vi).''.

    (i) Discretion of Student Financial Aid Administrators.--Section
    479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) is amended
    to read as follows:
    ``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.

    ``(a) In General.--
    ``(1) Authority of financial aid administrators.--A
    financial aid administrator shall have the authority to, on the
    basis of adequate documentation, make adjustments to any or all
    of the following on a case-by-case basis:
    ``(A) For an applicant with special circumstances
    under subsection (b) to--
    ``(i) the cost of attendance;
    ``(ii) the values of the data used to
    calculate the student aid index; or
    ``(iii) the values of the data used to
    calculate the Federal Pell Grant award.
    ``(B) For an applicant with unusual circumstances
    under subsection (c), to the dependency status of such
    applicant.
    ``(2) Limitations on authority.--
    ``(A) Use of authority.--No institution of higher
    education or financial aid administrator shall maintain
    a policy of denying all requests for adjustments under
    this section.
    ``(B) No additional fee.--No student or parent shall
    be charged a fee for a documented interview of the
    student by the financial aid administrator or for the
    review of a student or parent's request for adjustments
    under this section including the review of any
    supplementary information or documentation of a student
    or parent's special circumstances or a student's unusual
    circumstances.
    ``(C) Rule of construction.--The authority to make
    adjustments under paragraph (1)(A) shall not be
    construed to permit financial aid administrators to
    deviate from the cost of attendance, the values of data
    used to calculate the student aid index or the values of
    data used to calculate the Federal Pell Grant award (or
    both) for awarding aid under this title in the absence
    of special circumstances.
    ``(3) Adequate documentation.--Adequate documentation for
    adjustments under this section must substantiate the special
    circumstances or unusual circumstances of an individual student,
    and may include, to the extent relevant and appropriate--
    ``(A) a documented interview between the student and
    the financial aid administrator;
    ``(B) for the purposes of determining that a student
    qualifies for an adjustment under paragraph (1)(B)--
    ``(i) submission of a court order or official
    Federal or State documentation that the student or
    the student's parents or legal guardians are
    incarcerated in any Federal or State penal
    institution;

    [[Page 3156]]

    ``(ii) a documented phone call or a written
    statement, which confirms the specific unusual
    circumstances with--
    ``(I) a child welfare agency
    authorized by a State or county;
    ``(II) a Tribal welfare authority or
    agency;
    ``(III) an independent living case
    worker, such as a case worker who
    supports current and former foster youth
    with the transition to adulthood; or
    ``(IV) a public or private agency,
    facility, or program servicing the
    victims of abuse, neglect, assault, or
    violence, which may include domestic
    violence;
    ``(iii) a documented phone call or a written
    statement from an attorney, a guardian ad litem,
    or a court-appointed special advocate, or a person
    serving in a similar capacity which confirms the
    specific unusual circumstances and documents the
    person's relationship to the student;
    ``(iv) a documented phone call or written
    statement from a representative under chapter 1 or
    2 of subpart 2 of part A, which confirms the
    specific unusual circumstances and documents the
    representative's relationship to the student;
    ``(v) documents, such as utility bills or
    health insurance documentation, that demonstrate a
    separation from parents or legal guardians; and
    ``(vi) in the absence of documentation
    described in this subparagraph, other
    documentation the financial aid administrator
    determines is adequate to confirm the unusual
    circumstances, pursuant to section 480(d)(9); and
    ``(C) supplementary information, as necessary, about
    the financial status or personal circumstances of
    eligible applicants as it relates to the special
    circumstances or unusual circumstances based on which
    the applicant is requesting an adjustment.
    ``(4) Special rule.--In making adjustments under paragraph
    (1), a financial aid administrator may offer a dependent student
    financial assistance under a Federal Direct Unsubsidized
    Stafford Loan without requiring the parents of such student to
    provide their parent information on the Free Application for
    Federal Student Aid if the student does not qualify for, or does
    not choose to use, the unusual circumstance option described in
    section 480(d)(9), and the financial aid administrator
    determines that the parents of such student ended financial
    support of such student or refuse to file such form.
    ``(5) Public disclosure.--Each institution of higher
    education shall make publicly available information that
    students applying for aid under this title have the opportunity
    to pursue adjustments under this section.

    ``(b) Adjustments for Students With Special Circumstances.--
    ``(1) Special circumstances for adjustments related to pell
    grants.--Special circumstances for adjustments to calculate a
    Federal Pell Grant award--

    [[Page 3157]]

    ``(A) shall be conditions that differentiate an
    individual student from a group of students rather than
    conditions that exist across a group of students; and
    ``(B) may include--
    ``(i) recent unemployment of a family member
    or student;
    ``(ii) a student or family member who is a
    dislocated worker (as defined in section 3 of the
    Workforce Innovation and Opportunity Act);
    ``(iii) a change in housing status that
    results in an individual being a homeless youth;
    ``(iv) an unusual amount of claimed losses
    against income on the Federal tax return that
    substantially lower adjusted gross income, such as
    business, investment, or real estate losses;
    ``(v) receipt of foreign income of permanent
    residents or United States citizens exempt from
    Federal taxation, or the foreign income for which
    a permanent resident or citizen received a foreign
    tax credit;
    ``(vi) in the case of an applicant who does
    not qualify for the exemption from asset reporting
    under section 479, assets as defined in section
    480(f); or
    ``(vii) other changes or adjustments in the
    income, assets, or size of a family, or a
    student's dependency status.
    ``(2) Special circumstances for adjustments related to cost
    of attendance and student aid index.--Special circumstances for
    adjustments to the cost of attendance or the values of the data
    used to calculate the student aid index--
    ``(A) shall be conditions that differentiate an
    individual student from a group of students rather than
    conditions that exist across a group of students, except
    as provided in sections 479B and 479C; and
    ``(B) may include--
    ``(i) tuition expenses at an elementary school
    or secondary school;
    ``(ii) medical, dental, or nursing home
    expenses not covered by insurance;
    ``(iii) child care or dependent care costs not
    covered by the dependent care cost allowance
    calculated in accordance with section 472;
    ``(iv) recent unemployment of a family member
    or student;
    ``(v) a student or family member who is a
    dislocated worker (as defined in section 3 of the
    Workforce Innovation and Opportunity Act);
    ``(vi) the existence of additional family
    members enrolled in a degree, certificate, or
    other program leading to a recognized educational
    credential at an institution with a program
    participation agreement under section 487;
    ``(vii) a change in housing status that
    results in an individual being a homeless youth;
    ``(viii) a condition of severe disability of
    the student, or in the case of a dependent
    student, the dependent student's parent or
    guardian, or in the case

    [[Page 3158]]

    of an independent student, the independent
    student's dependent or spouse;
    ``(ix) unusual amount of claimed losses
    against income on the Federal tax return that
    substantially lower adjusted gross income, such as
    business, investment, or real estate losses; or
    ``(x) other changes or adjustments in the
    income, assets, or size of a family, or a
    student's dependency status.

    ``(c) Unusual Circumstances Adjustments.--
    ``(1) In general.--Unusual circumstances for adjustments to
    the dependency status of an applicant shall be--
    ``(A) conditions that differentiate an individual
    student from a group of students; and
    ``(B) based on unusual circumstances, pursuant to
    section 480(d)(9).
    ``(2) Provisional independent students.--
    ``(A) Requirements for the secretary.--The Secretary
    shall--
    ``(i) enable each student who, based on an
    unusual circumstance described in section
    480(d)(9), may qualify for an adjustment under
    subsection (a)(1)(B) that will result in a
    determination of independence under this section
    or section 479D to complete the Free Application
    for Federal Student Aid as an independent student
    for the purpose of a provisional determination of
    the student's Federal financial aid award, with
    the final determination of the award subject to
    the documentation requirements of subsection
    (a)(3);
    ``(ii) upon completion of the Free Application
    for Federal Student Aid provide an estimate of the
    student's Federal Pell Grant award, and other
    information as specified in section 483(a)(3)(A),
    based on the assumption that the student is
    determined to be an independent student; and
    ``(iii) specify, on the Free Application for
    Federal Student Aid, the consequences under
    section 490(a) of knowingly and willfully
    completing the Free Application for Federal
    Student Aid as an independent student under clause
    (i) without meeting the unusual circumstances to
    qualify for such a determination.
    ``(B) Requirements for financial aid
    administrators.--With respect to a student accepted for
    admission who completes the Free Application for Federal
    Student Aid as an independent student under subparagraph
    (A), a financial aid administrator shall--
    ``(i) <>  notify the
    student of the institutional process,
    requirements, and timeline for an adjustment under
    this section and section 480(d)(9) that will
    result in a review of the student's request for an
    adjustment and a determination of the student's
    dependency status under such sections within a
    reasonable time after the student completes the
    Free Application for Federal Student Aid;
    ``(ii) provide the student a final
    determination of the student's dependency status
    and Federal financial

    [[Page 3159]]

    aid award as soon as practicable after all
    requested documentation is provided;
    ``(iii) retain all documents related to the
    adjustment under this section and section
    480(d)(9), including documented interviews, for at
    least the duration of the student's enrollment,
    and shall abide by all other record keeping
    requirements of this Act; and
    ``(iv) presume that any student who has
    obtained an adjustment under this section and
    section 480(d)(9) and a final determination of
    independence for any preceding award year at an
    institution of higher education to be independent
    for each subsequent award year at the same
    institution unless--
    ``(I) the student informs the
    institution that circumstances have
    changed; or
    ``(II) the institution has specific
    conflicting information about the
    student's independence.
    ``(C) Eligibility.--If a student pursues provisional
    independent student status and is not determined to be
    an independent student by a financial aid administrator,
    such student shall only be eligible for a Federal Direct
    Unsubsidized Stafford Loan for that award year unless
    such student subsequently completes the Free Application
    for Federal Student Aid as a dependent student.

    ``(d) Adjustments to Assets or Income Taken Into Account.--A
    financial aid administrator shall be considered to be making a necessary
    adjustment in accordance with this section if--
    ``(1) the administrator makes adjustments excluding from
    family income or assets any proceeds or losses from a sale of
    farm or business assets of a family if such sale results from a
    voluntary or involuntary foreclosure, forfeiture, or bankruptcy
    or a voluntary or involuntary liquidation; or
    ``(2) the administrator makes adjustments for a condition of
    disability of a student, or in the case of a dependent student,
    the dependent student's parent or guardian, or in the case of an
    independent student, the independent student's dependent or
    spouse, so as to take into consideration the additional costs
    incurred as a result of such disability.

    ``(e) Refusal or Adjustment of Loan Certifications.--On a case-by-
    case basis, an eligible institution may refuse to use the authority
    provided under this section, certify a statement that permits a student
    to receive a loan under part D, certify a loan amount, or make a loan
    that is less than the student's determination of need (as determined
    under this part), if the reason for the action is documented and
    provided in writing to the student. No eligible institution shall
    discriminate against any borrower or applicant in obtaining a loan on
    the basis of race, ethnicity, national origin, religion, sex, marital
    status, age, or disability status.
    ``(f) Special Rule Regarding Professional Judgment During a
    Disaster, Emergency, or Economic Downturn.--
    ``(1) In general.--For the purposes of making a professional
    judgment under this section, financial aid administrators may,
    during a qualifying emergency--
    ``(A) determine that the income earned from work for
    an applicant is zero, if the applicant can provide paper
    or electronic documentation of receipt of unemployment

    [[Page 3160]]

    benefits or confirmation that an application for
    unemployment benefits was submitted; and
    ``(B) make additional appropriate adjustments to the
    income earned from work for a student, parent, or
    spouse, as applicable, based on the totality of the
    family's situation, including consideration of
    unemployment benefits.
    ``(2) Documentation.--For the purposes of documenting
    unemployment under paragraph (1), documentation shall be
    accepted if such documentation is submitted not more than 90
    days from the date on which such documentation was issued,
    except if a financial aid administrator knows that the student,
    parent, or spouse, as applicable, has already obtained other
    employment.
    ``(3) Program reviews.--The Secretary shall make adjustments
    to the model used to select institutions of higher education
    participating under this title for program reviews in order to
    account for any rise in the use of professional judgment under
    this section during the award years applicable to the qualifying
    emergency, as determined by the Secretary.
    ``(4) Qualifying emergency.--In this subsection, the term
    `qualifying emergency' means--
    ``(A) an event for which the President declared a
    major disaster or an emergency under section 401 or 501,
    respectively, of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act (42 U.S.C. 5170 and 5191);
    ``(B) a national emergency related to the
    coronavirus declared by the President under section 201
    of the National Emergencies Act (50 U.S.C. 1601 et
    seq.); or
    ``(C) a period of recession or economic downturn as
    determined by the Secretary, in consultation with the
    Secretary of Labor.''.

    (j) Disregard of Student Aid in Other Programs.--Section 479B of the
    Higher Education Act of 1965 (20 U.S.C. 1087uu) is amended to read as
    follows:
    ``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.

    ``Notwithstanding any other provision of law, student financial
    assistance received under this title, Bureau of Indian Education student
    assistance programs, and employment and training programs under section
    134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174 et.
    seq.) shall not be taken into account in determining the need or
    eligibility of any person for benefits or assistance, or the amount of
    such benefits or assistance, under any Federal, State, or local program
    financed in whole or in part with Federal funds.''.
    (k) Native American Students.--Section 479C of the Higher Education
    Act of 1965 (20 U.S.C. 1087uu-1) is amended to read as follows:
    ``SEC. 479C. NATIVE AMERICAN STUDENTS.

    ``(a) In General.--In determining the student aid index for Native
    American students, computations performed pursuant to this part shall
    exclude--
    ``(1) any income and assets of $2,000 or less per individual
    payment received by the student (and spouse) and student's
    parents under Public Law 98-64 (25 U.S.C. 117a et seq.; 97 Stat.
    365) (commonly known as the `Per Capita Act') or the

    [[Page 3161]]

    Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C.
    1401 et seq.); and
    ``(2) any income received by the student (and spouse) and
    student's parents under the Alaska Native Claims Settlement Act
    (43 U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement
    Act of 1980 (25 U.S.C. 1721 et seq.).

    ``(b) Guidance.--The Secretary shall develop guidance, in
    consultation with Tribal Colleges and Universities (as defined in
    section 316) and the State higher education agency in Alaska and Maine,
    to implement the determination under subsection (a) without adding
    additional questions to the FAFSA, including through the use of the
    authority under section 479A.''.
    (l) Special Rules for Independent Students.--Part F of title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) is further
    amended--
    (1) by inserting after section 479C the following:
    ``SEC. 479D. <>  SPECIAL RULES FOR
    INDEPENDENT STUDENTS.

    ``(a) Determination Process for Unaccompanied Homeless Youth.--In
    making a determination of independence under section 480(d)(8), a
    financial aid administrator shall comply with the following:
    ``(1) Consider documentation of the student's circumstance
    to be adequate in the absence of documented conflicting
    information, if such documentation is provided through a
    documented phone call, written statement, or verifiable
    electronic data match by--
    ``(A) a local educational agency homeless liaison,
    designated pursuant to section 722(g)(1)(J)(ii) of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11432(g)(1)(J)(ii)) or a designee of the liaison;
    ``(B) the director of an emergency or transitional
    shelter, street outreach program, homeless youth drop-in
    center, or other program serving individuals who are
    experiencing homelessness, or a designee of the
    director;
    ``(C) the director of a project supported by a
    Federal TRIO program or a Gaining Early Awareness and
    Readiness for Undergraduate program grant under chapter
    1 or 2 of subpart 2 of part A, or a designee of the
    director; or
    ``(D) a financial aid administrator at another
    institution who documented the student's circumstance in
    a prior award year.
    ``(2) If a student is unable to provide documentation from
    any individual described in paragraph (1), make a case-by-case
    determination, which shall be--
    ``(A) based on a written statement from, or a
    documented interview with, the student that confirms
    that the student is an unaccompanied homeless youth, or
    unaccompanied, at risk of homelessness, and self-
    supporting; and
    ``(B) made without regard to the reasons that the
    student is an unaccompanied homeless youth, or
    unaccompanied, at risk of homelessness, and self-
    supporting.
    ``(3) Consider a determination made under this subsection as
    distinct from a determination of independence under section
    480(d)(9).

    [[Page 3162]]

    ``(b) Documentation Process for Foster Care Youth.--If an
    institution requires that a student provide documentation that the
    student was in foster care when the student was age 13 or older, a
    financial aid administrator shall consider any of the following as
    adequate documentation, in the absence of documented conflicting
    information:
    ``(1) Submission of a court order or official State
    documentation that the student received Federal or State support
    in foster care.
    ``(2) A documented phone call, written statement, or
    verifiable electronic data match, which confirms the student was
    in foster care at an applicable age, from--
    ``(A) a State, county, or tribal agency
    administering a program under part B or E of title IV of
    the Social Security Act (42 U.S.C. 621 et seq. and 670
    et seq.);
    ``(B) a State Medicaid agency; or
    ``(C) a public or private foster care placing agency
    or foster care facility or placement.
    ``(3) A documented phone call or a written statement from an
    attorney, a guardian ad litem, or a Court Appointed Special
    Advocate that confirms that the student was in foster care at an
    applicable age and documents the person's relationship to the
    student.
    ``(4) Verification of the student's eligibility for an
    education and training voucher under the John H. Chafee Foster
    Care Program under section 477 of the Social Security Act (42
    U.S.C. 677).
    ``(5) A documented phone call or written statement from a
    financial aid administrator who documented the student's
    circumstance in a prior award year.

    ``(c) Timing.--A determination of independence under paragraph (2),
    (8), or (9) of section 480(d) for a student--
    ``(1) shall be made as quickly as practicable;
    ``(2) may be made as early as the year before the award year
    for which the student initially submits an application; and
    ``(3) <>  shall be made not later than 60
    days after the date of the student's enrollment during the award
    year for which the student initially submits an application.

    ``(d) Use of Earlier Determinations.--
    ``(1) Earlier determination by the institution.--Any student
    who is determined to be independent under paragraph (2), (8), or
    (9) of section 480(d) for a preceding award year at an
    institution shall be presumed to be independent for each
    subsequent award year at the same institution unless--
    ``(A) the student informs the institution that
    circumstances have changed; or
    ``(B) the institution has specific conflicting
    information about the student's independence and has
    informed the student of this information.
    ``(2) Earlier determination by another institution.--A
    financial aid administrator may make a determination of
    independence pursuant to section 479A(c), based upon a
    documented determination of independence that was previously
    made by another financial aid administrator under such paragraph
    in the same award year.

    [[Page 3163]]

    ``(e) Retention of Documents.--A financial aid administrator shall
    retain all documents related to any determination of independence,
    including documented interviews, for at least the duration of the
    student's enrollment and an additional period prescribed by the
    Secretary to enable a student to utilize the documents for the purposes
    of subsection (a)(1)(D), (b)(5), or (d) of this section.''; and
    (2) by amending section 480 to read as follows:
    ``SEC. 480. DEFINITIONS.

    ``In this part:
    ``(a) Total Income.--The term `total income' means the amount equal
    to adjusted gross income for the second preceding tax year plus untaxed
    income and benefits for the second preceding tax year minus excludable
    income for the second preceding tax year. The factors used to determine
    total income shall be derived from the Federal income tax return, if
    available, except for the applicant's ability to indicate a qualified
    rollover in the second preceding tax year as outlined in section 483 or
    foreign income described in subsection (b)(5).
    ``(b) Untaxed Income and Benefits.--The term `untaxed income and
    benefits' means--
    ``(1) deductions and payments to self-employed SEP, SIMPLE,
    Keogh, and other qualified individual retirement accounts
    excluded from income for Federal tax purposes, except such term
    shall not include payments made to tax-deferred pension and
    retirement plans, paid directly or withheld from earnings, that
    are not delineated on the Federal tax return;
    ``(2) tax-exempt interest income;
    ``(3) untaxed portion of individual retirement account
    distributions;
    ``(4) untaxed portion of pensions; and
    ``(5) foreign income of permanent residents of the United
    States or United States citizens exempt from Federal taxation,
    or the foreign income for which such a permanent resident or
    citizen receives a foreign tax credit.

    ``(c) Veterans and Veterans' Education Benefits.--(1) The term
    `veteran' has the meaning given the term in section 101(2) of title 38,
    United States Code, and includes individuals who served in the United
    States Armed Forces as described in sections 101(21), 101(22), and
    101(23) of title 38, United States Code.
    ``(2) The term `veterans' education benefits' means veterans'
    benefits under the following provisions of law:
    ``(A) Chapter 103 of title 10, United States Code (Senior
    Reserve Officers' Training Corps).
    ``(B) Chapter 106A of title 10, United States Code
    (Educational Assistance for Persons Enlisting for Active Duty).
    ``(C) Chapter 1606 of title 10, United States Code (Selected
    Reserve Educational Assistance Program).
    ``(D) Chapter 1607 of title 10, United States Code
    (Educational Assistance Program for Reserve Component Members
    Supporting Contingency Operations and Certain Other Operations).
    ``(E) Chapter 30 of title 38, United States Code (All-
    Volunteer Force Educational Assistance Program, also known as
    the `Montgomery GI Bill--active duty').

    [[Page 3164]]

    ``(F) Chapter 31 of title 38, United States Code (Training
    and Rehabilitation for Veterans with Service-Connected
    Disabilities).
    ``(G) Chapter 32 of title 38, United States Code (Post-
    Vietnam Era Veterans' Educational Assistance Program).
    ``(H) Chapter 33 of title 38, United States Code (Post-9/11
    Educational Assistance).
    ``(I) Chapter 35 of title 38, United States Code (Survivors'
    and Dependents' Educational Assistance Program).
    ``(J) Section 903 of the Department of Defense Authorization
    Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot
    Program).
    ``(K) Section 156(b) of the `Joint Resolution making further
    continuing appropriations and providing for productive
    employment for the fiscal year 1983, and for other purposes' (42
    U.S.C. 402 note) (Restored Entitlement Program for Survivors,
    also known as `Quayle benefits').
    ``(L) The provisions of chapter 3 of title 37, United States
    Code, related to subsistence allowances for members of the
    Reserve Officers Training Corps.

    ``(d) Independent Students and Determinations.--The term
    `independent', when used with respect to a student, means any individual
    who--
    ``(1) is 24 years of age or older by December 31 of the
    award year;
    ``(2) is, or was at any time when the individual was 13
    years of age or older--
    ``(A) an orphan;
    ``(B) a ward of the court; or
    ``(C) in foster care;
    ``(3) is, or was immediately prior to attaining the age of
    majority, an emancipated minor or in legal guardianship as
    determined by a court of competent jurisdiction in the
    individual's State of legal residence;
    ``(4) is a veteran of the Armed Forces of the United States
    (as defined in subsection (c)) or is currently serving on active
    duty in the Armed Forces for other than training purposes;
    ``(5) is a graduate or professional student;
    ``(6) is married and not separated;
    ``(7) has legal dependents other than a spouse;
    ``(8) is an unaccompanied homeless youth or is
    unaccompanied, at risk of homelessness, and self-supporting,
    without regard to such individual's age; and
    ``(9) is a student for whom a financial aid administrator
    makes a documented determination of independence by reason of
    other unusual circumstances pursuant to section 479A(c) in which
    the student is unable to contact a parent or where contact with
    parents poses a risk to such student, which includes
    circumstances of--
    ``(A) human trafficking, as described in the
    Trafficking Victims Protection Act of 2000 (22 U.S.C.
    7101 et seq.);
    ``(B) legally granted refugee or asylum status;
    ``(C) parental abandonment or estrangement; or
    ``(D) student or parental incarceration.

    ``(e) <>  Excludable Income.--The term
    `excludable income' means--

    [[Page 3165]]

    ``(1) an amount equal to the education credits described in
    paragraphs (1) and (2) of section 25A(a) of the Internal Revenue
    Code of 1986;
    ``(2) if an applicant elects to report it, college grant and
    scholarship aid included in gross income on a Federal tax
    return, including amounts attributable to grant and scholarship
    portions of fellowships and assistantships and any national
    service educational award or post-service benefit received by an
    individual under title I of the National and Community Service
    Act of 1990 (42 U.S.C. 12511 et seq.), including awards, living
    allowances, and interest accrual payments; and
    ``(3) income earned from work under part C of this title.

    ``(f) Assets.--
    ``(1) <>  In general.--The term `assets'
    means the amount in checking and savings accounts, time
    deposits, money market funds, investments, trusts, stocks,
    bonds, derivatives, securities, mutual funds, tax shelters,
    qualified education benefits (except as provided in paragraph
    (3)), the annual amount of child support received and the net
    value of real estate, vacation homes, income producing property,
    and business and farm assets, determined in accordance with
    section 478(c).
    ``(2) Exclusions.--With respect to determinations of need
    under this title, the term `assets' shall not include the net
    value of the family's principal place of residence.
    ``(3) Consideration of qualified education benefit.--A
    qualified education benefit shall be considered an asset of--
    ``(A) the student if the student is an independent
    student; or
    ``(B) the parent if the student is a dependent
    student and the account is designated for the student,
    regardless of whether the owner of the account is the
    student or the parent.
    ``(4) Definition of qualified education benefit.--In this
    subsection, the term `qualified education benefit' means--
    ``(A) a qualified tuition program (as defined in
    section 529(b)(1)(A) of the Internal Revenue Code of
    1986) or other prepaid tuition plan offered by a State;
    and
    ``(B) a Coverdell education savings account (as
    defined in section 530(b)(1) of the Internal Revenue
    Code of 1986).

    ``(g) Net Value.--The term `net value' means the market value at the
    time of application of the assets (as defined in subsection (f)), minus
    the outstanding liabilities or indebtedness against the assets.
    ``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
    ``(1) The tax on income paid to the Governments of the
    Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
    Islands, or the Commonwealth of the Northern Mariana Islands,
    the Republic of the Marshall Islands, the Federated States of
    Micronesia, or Palau under the laws applicable to those
    jurisdictions, or the comparable tax paid to the central
    government of a foreign country, shall be treated as Federal
    income taxes.
    ``(2) References in this part to the Internal Revenue Code
    of 1986, Federal income tax forms, and the Internal Revenue
    Service shall, for purposes of the tax described in paragraph
    (1), be treated as references to the corresponding laws, tax

    [[Page 3166]]

    forms, and tax collection agencies of those jurisdictions,
    respectively, subject to such adjustments as the Secretary may
    provide by regulation.

    ``(i) Other Financial Assistance.--
    ``(1) For purposes of determining a student's eligibility
    for funds under this title, other financial assistance not
    received under this title shall include all scholarships,
    grants, loans, or other assistance known to the institution at
    the time the determination of the student's need is made,
    including national service educational awards or post-service
    benefits under title I of the National and Community Service Act
    of 1990 (42 U.S.C. 12511 et seq.), but excluding veterans'
    education benefits.
    ``(2) Notwithstanding paragraph (1), a tax credit taken
    under section 25A of the Internal Revenue Code of 1986, or a
    distribution that is not includable in gross income under
    section 529 of such Code, under another prepaid tuition plan
    offered by a State, or under a Coverdell education savings
    account under section 530 of such Code, shall not be treated as
    other financial assistance for purposes of section 471(a)(3).
    ``(3) Notwithstanding paragraph (1) and section 472,
    assistance not received under this title may be excluded from
    both other financial assistance and cost of attendance, if that
    assistance is provided by a State and is designated by such
    State to offset a specific component of the cost of attendance.
    If that assistance is excluded from either other financial
    assistance or cost of attendance, it shall be excluded from
    both.
    ``(4) Notwithstanding paragraph (1), payments made and
    services provided under part E of title IV of the Social
    Security Act to or on behalf of any child or youth over whom the
    State agency has responsibility for placement, care, or
    supervision, including the value of vouchers for education and
    training and amounts expended for room and board for youth who
    are not in foster care but are receiving services under section
    477 of such Act, shall not be treated as other financial
    assistance for purposes of section 471(a)(3).
    ``(5) Notwithstanding paragraph (1), emergency financial
    assistance provided to the student for unexpected expenses that
    are a component of the student's cost of attendance, and not
    otherwise considered when the determination of the student's
    need is made, shall not be treated as other financial assistance
    for purposes of section 471(a)(3).

    ``(j) <>  Dependents.--
    ``(1) Except as otherwise provided, the term `dependent of
    the parent' means the student who is deemed to be a dependent
    student when applying for aid under this title, and any other
    person who lives with and receives more than one-half of their
    support from the parent (or parents) and will continue to
    receive more than half of their support from the parent (or
    parents) during the award year.
    ``(2) Except as otherwise provided, the term `dependent of
    the student' means the student's dependent children and other
    persons (except the student's spouse) who live with and receive
    more than one-half of their support from the student and will
    continue to receive more than half of their support from the
    student during the award year.

    ``(k) Family Size.--

    [[Page 3167]]

    ``(1) Dependent student.--Except as provided in paragraph
    (3), in determining family size in the case of a dependent
    student--
    ``(A) if the parents are not divorced or separated,
    family members include the student's parents, and any
    dependent (within the meaning of section 152 of the
    Internal Revenue Code of 1986 or an eligible individual
    for purposes of the credit under section 24 of the
    Internal Revenue Code of 1986) of the student's parents
    for the taxable year used in determining the amount of
    need of the student for financial assistance under this
    title;
    ``(B) if the parents are divorced or separated,
    family members include the parent whose income is
    included in computing available income and any dependent
    (within the meaning of section 152 of the Internal
    Revenue Code of 1986 or an eligible individual for
    purposes of the credit under section 24 of the Internal
    Revenue Code of 1986) of that parent for the taxable
    year used in determining the amount of need of the
    student for financial assistance under this title;
    ``(C) if the parents are divorced and the parents
    whose income is so included are remarried, or if the
    parent was a widow or widower who has remarried, family
    members also include, in addition to those individuals
    referred to in subparagraph (B), the new spouse and any
    dependent (within the meaning of section 152 of the
    Internal Revenue Code of 1986 or an eligible individual
    for purposes of the credit under section 24 of the
    Internal Revenue Code of 1986) of the new spouse for the
    taxable year used in determining the amount of need of
    the student for financial assistance under this title,
    if that spouse's income is included in determining the
    parent's adjusted available income; and
    ``(D) if the student is not considered as a
    dependent (within the meaning of section 152 of the
    Internal Revenue Code of 1986 or an eligible individual
    for purposes of the credit under section 24 of the
    Internal Revenue Code of 1986) of any parent, the
    parents' family size shall include the student and the
    family members applicable to the parents' situation
    under subparagraph (A), (B), or (C).
    ``(2) Independent student.--Except as provided in paragraph
    (3), in determining family size in the case of an independent
    student--
    ``(A) family members include the student, the
    student's spouse, and any dependent (within the meaning
    of section 152 of the Internal Revenue Code of 1986 or
    an eligible individual for purposes of the credit under
    section 24 of the Internal Revenue Code of 1986) of that
    student for the taxable year used in determining the
    amount of need of the student for financial assistance
    under this title; and
    ``(B) if the student is divorced or separated,
    family members do not include the spouse (or ex-spouse),
    but do include the student and any dependent (within the
    meaning of section 152 of the Internal Revenue Code of
    1986 or an eligible individual for purposes of the
    credit under section 24 of the Internal Revenue Code of
    1986)

    [[Page 3168]]

    of that student for the taxable year used in determining
    the amount of need of the student for financial
    assistance under this title.
    ``(3) Procedures and modification.--The Secretary shall
    provide procedures for determining family size in cases in which
    information for the taxable year used in determining the amount
    of need of the student for financial assistance under this title
    has changed or does not accurately reflect the applicant's
    current household size, including when a divorce settlement only
    allows a parent to file for the Earned Income Tax Credit
    available under section 32 of the Internal Revenue Code of 1986.

    ``(l) Business Assets.--The term `business assets' means property
    that is used in the operation of a trade or business, including real
    estate, inventories, buildings, machinery, and other equipment, patents,
    franchise rights, and copyrights.
    ``(m) Homeless Youth.--The term `homeless youth' has the meaning
    given the term `homeless children and youths' in section 725 of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
    ``(n) Unaccompanied.--The terms `unaccompanied', `unaccompanied
    youth', or `unaccompanied homeless youth' have the meaning given the
    term `unaccompanied youth' in section 725 of the McKinney-Vento Homeless
    Assistance Act (42 U.S.C. 11434a).''.
    (m) FAFSA.--
    (1) In general.--Section 483 of the Higher Education Act of
    1965 (20 U.S.C. 1090) is amended to read as follows:
    ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.

    ``(a) Simplified Application for Federal Student Financial Aid.--
    ``(1) In general.--Each individual seeking to apply for
    Federal financial aid under this title for award year 2023-2024
    and any subsequent award year shall file a free application with
    the Secretary, known as the `Free Application for Federal
    Student Aid', to determine eligibility for such aid, as
    described in paragraph (2), and in accordance with section 479.
    ``(2) Free application.--
    ``(A) In general.--The Secretary shall make
    available, for the purposes of paragraph (1), a free
    application to determine the eligibility of a student
    for Federal financial aid under this title.
    ``(B) Information required by the applicant.--
    ``(i) In general.--The applicant, and, if
    necessary, the parents or spouse of the applicant,
    shall provide the Secretary with the applicable
    information described in clause (ii) in order to
    be eligible for Federal financial aid under this
    title.
    ``(ii) Information to be provided.--The
    information described in this clause is the
    following:
    ``(I) Name.
    ``(II) Contact information,
    including address, phone number, email
    address, or other electronic address.
    ``(III) Social security number.
    ``(IV) Date of birth.

    [[Page 3169]]

    ``(V) Marital status.
    ``(VI) Citizenship status, including
    alien registration number, if
    applicable.
    ``(VII) Sex.
    ``(VIII) Race or ethnicity, using
    categories developed in consultation
    with the Bureau of the Census and the
    Director of the Institute of Education
    Sciences that, to the greatest extent
    practicable, separately capture the
    racial groups specified in the American
    Community Survey of the Bureau of the
    Census.
    ``(IX) State of legal residence and
    date of residency.
    ``(X) The following information on
    secondary school completion:
    ``(aa) Name and location of
    the high school from which the
    applicant received, or will
    receive prior to the period of
    enrollment for which aid is
    sought, a regular high school
    diploma;
    ``(bb) name and location of
    the entity from which the
    applicant received, or will
    receive prior to the period of
    enrollment for which aid is
    sought, a recognized equivalent
    of a regular high school
    diploma; or
    ``(cc) if the applicant
    completed or will complete prior
    to the period of enrollment for
    which aid is sought, a secondary
    school education in a home
    school setting that is treated
    as a home school or private
    school under State law.
    ``(XI) Name of each institution
    where the applicant intends to apply for
    enrollment or continue enrollment.
    ``(XII) Year in school for period of
    enrollment for which aid is sought,
    including whether applicant will have
    finished first bachelor's degree prior
    to the period of enrollment for which
    aid is sought.
    ``(XIII) Whether one or both of the
    applicant's parents attended college.
    ``(XIV) Any required asset
    information, unless exempt under section
    479, in which the applicant shall
    indicate--
    ``(aa) the annual amount of
    child support received, if
    applicable; and
    ``(bb) all required asset
    information not described in
    item (aa).
    ``(XV) The number of members of the
    applicant's family who will also be
    enrolled in an eligible institution of
    higher education on at least a half-time
    basis during the same enrollment period
    as the applicant.
    ``(XVI) If the applicant meets any
    of the following designations:

    [[Page 3170]]

    ``(aa) Is an unaccompanied
    homeless youth, or is
    unaccompanied, at risk of
    homelessness, and self-
    supporting.
    ``(bb) Is an emancipated
    minor.
    ``(cc) Is in legal
    guardianship.
    ``(dd) Has been a dependent
    ward of the court at any time
    since the applicant turned 13.
    ``(ee) Has been in foster
    care at any time since the
    applicant turned 13.
    ``(ff) Both parents have
    died since the applicant turned
    13.
    ``(gg) Is a veteran of the
    Armed Forces of the United
    States or is serving (on the
    date of the application) on
    active duty in the Armed Forces
    for other than training
    purposes.
    ``(hh) Is under the age of
    24 and has a dependent child or
    relative.
    ``(ii) Does not have access
    to parental information due to
    an unusual circumstance
    described in section 480(d)(9).
    ``(XVII) If the applicant receives
    or has received any of the following
    means-tested Federal benefits within the
    last two years:
    ``(aa) The supplemental
    security income program under
    title XVI of the Social Security
    Act (42 U.S.C. 1381 et seq.).
    ``(bb) The supplemental
    nutrition assistance program
    under the Food and Nutrition Act
    of 2008 (7 U.S.C. 2011 et seq.),
    a nutrition assistance program
    carried out under section 19 of
    such Act (7 U.S.C. 2028), or a
    supplemental nutrition
    assistance program carried out
    under section 3(c) of the Act
    entitled `An Act to authorize
    appropriations for certain
    insular areas of the United
    States, and for other purposes'
    (Public Law 95-348).
    ``(cc) The free and reduced
    price school lunch program
    established under the Richard B.
    Russell National School Lunch
    Act (42 U.S.C. 1751 et seq.).
    ``(dd) The program of block
    grants for States for temporary
    assistance for needy families
    established under part A of
    title IV of the Social Security
    Act (42 U.S.C. 601 et seq.).
    ``(ee) The special
    supplemental nutrition program
    for women, infants, and children
    established by section 17 of the
    Child Nutrition Act of 1966 (42
    U.S.C. 1786).
    ``(ff) The Medicaid program
    under title XIX of the Social
    Security Act (42 U.S.C. 1396 et
    seq.).
    ``(gg) Federal housing
    assistance programs, including
    tenant-based assistance under
    section 8(o) of the United
    States

    [[Page 3171]]

    Housing Act of 1937 (42 U.S.C.
    1437f(o)), and public housing,
    as defined in section 3(b)(1) of
    such Act (42 U.S.C.
    1437a(b)(1)).
    ``(hh) Refundable credit for
    coverage under a qualified
    health plan under section 36B of
    the Internal Revenue Code of
    1986.
    ``(ii) The Earned Income Tax
    Credit under section 32 of the
    Internal Revenue Code of 1986.
    ``(jj) Any other means-
    tested program determined by the
    Secretary to be appropriate.
    ``(XVIII) If the applicant, or, if
    necessary, the parents or spouse of the
    applicant, reported receiving tax exempt
    payments from an individual retirement
    plan (as defined in section 7701 of the
    Internal Revenue Code of 1986)
    distribution or from pensions or
    annuities on a Federal tax return,
    information as to how much of the
    individual retirement plan distribution
    or pension or annuity disbursement was a
    qualified rollover.
    ``(XIX) If the applicant, or, if
    necessary, the parents or spouse of the
    applicant, reported receiving foreign
    income that is exempt from Federal
    taxation or for which a permanent
    resident of the United States or United
    States citizen receives a foreign tax
    credit, information regarding the amount
    of such foreign income.
    ``(XX) If the applicant, or, if
    applicable, the parents or spouse of the
    applicant, elects to report receiving
    college grant and scholarship aid
    included in gross income on a Federal
    tax return described in section
    480(e)(2), information regarding the
    amount of such aid
    ``(iii) Prohibition against requesting
    information more than once.--Any information
    requested during the process of creating an
    account for completing the free application under
    this subsection, shall, to the fullest extent
    possible, not be required a second time for the
    same award year, or in a duplicative manner, when
    completing such free application except in the
    case of an unusual situation, such as a temporary
    inability to access an account for completing such
    free application.
    ``(iv) Change in family size.--The Secretary
    shall provide a process by which an applicant
    shall confirm the accuracy of family size or
    update the family size with respect to such
    applicant for purposes of determining the need of
    such applicant for financial assistance under this
    title based on a change in family size from the
    tax year data used for such determination.
    ``(v) Single question for homeless status.--
    The Secretary shall ensure that--
    ``(I) on the form developed under
    this section for which the information
    is applicable, there is a single, easily
    understood screening question to
    identify an applicant who is an
    unaccompanied

    [[Page 3172]]

    homeless youth or is unaccompanied, at
    risk of homelessness, and self-
    supporting; and
    ``(II) such question is distinct
    from those relating to an individual who
    does not have access to parental income
    due to an unusual circumstance.
    ``(vi) <>  Adjustments.--
    The Secretary shall disclose on the FAFSA that the
    student may, on a case-by-case basis, qualify for
    an adjustment under section 479A to the cost of
    attendance or the values of the data items
    required to calculate the student's eligibility
    for a Federal Pell Grant or the student aid index
    for the student or parent.
    ``(C) Notification and approval of request for tax
    return information.--The Secretary shall notify students
    and borrowers who wish to submit an application for
    Federal student financial aid under this title (as well
    as parents and spouses who must sign such an application
    or request or a Master Promissory Note on behalf of
    those students and borrowers) of the authority of the
    Secretary to require that such persons affirmatively
    approve that the Internal Revenue Service disclose their
    tax return information as described in section 494.
    ``(D) Authorizations available to the applicant.--
    ``(i) Authorization to disclose fafsa
    information, including a redisclosure of tax
    return information, to institution, state higher
    education agency, and designated scholarship
    organizations.--An applicant and, if necessary,
    the parents or spouse of the applicant shall
    provide the Secretary with authorization to
    disclose to an institution, State higher education
    agency, and scholarship organizations (designated
    (prior to the date of enactment of the FUTURE Act
    (Public Law 116-91)) by the Secretary under
    section 483(a)(3)(E)) as in effect on such date of
    enactment, as specified by the applicant and in
    accordance with section 494, in order for the
    applicant's eligibility for Federal financial aid
    programs, State financial aid programs,
    institutional financial aid programs, and
    scholarship programs at scholarship organizations
    (designated (prior to the date of enactment of the
    FUTURE Act (Public Law 116-91)) by the Secretary
    under section 483(a)(3)(E)) as in effect on such
    date of enactment, to be determined, the
    following:
    ``(I) Information described under
    section 6103(l)(13) of the Internal
    Revenue Code of 1986.
    ``(II) All information provided by
    the applicant on the application
    described by this subsection to
    determine the applicant's eligibility
    for Federal financial aid under this
    title and for the application, award,
    and administration of such Federal
    financial aid, except the name of an
    institution to which an applicant
    selects to redisclose information shall
    not be disclosed to any other
    institution.
    ``(ii) Authorization to disclose to benefits
    programs.--An applicant and, if necessary, the
    parents

    [[Page 3173]]

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

    [[Page 3174]]

    paragraph (2)(B)(ii)(XI), which may include the
    following:
    ``(I) The following information, as
    collected through the Integrated
    Postsecondary Education Data System or a
    successor Federal data system as
    designated by the Secretary:
    ``(aa) Net price by the
    income categories, as described
    under section 132(i)(6), and
    disaggregated by undergraduate
    and graduate programs, as
    applicable.
    ``(bb) Graduation rate.
    ``(cc) Retention rate.
    ``(dd) Transfer rate, if
    available.
    ``(II) Median debt of students upon
    completion.
    ``(III) Institutional default rate,
    as calculated under section 435.
    ``(iv) If the student is eligible for a
    student aid index of less than or equal to zero
    under section 473, a notification of the Federal
    means-tested benefits that they have not already
    indicated they receive, but for which they may be
    eligible, and relevant links and information on
    how to apply for such benefits.
    ``(v) Information on education tax benefits
    described in paragraphs (1) and (2) of section
    25A(a) of the Internal Revenue Code of 1986 or
    other applicable education tax benefits determined
    in consultation with the Secretary of the
    Treasury.
    ``(vi) If the individual identified as a
    veteran, or as serving (on the date of the
    application) on active duty in the Armed Forces
    for other than training purposes, information on
    benefits administered by the Department of Veteran
    Affairs or Department of Defense, respectively.
    ``(vii) If applicable, the applicant's current
    outstanding balance of loans under this title.
    ``(B) Information provided to the state.--
    ``(i) In general.--The Secretary shall
    redisclose, with authorization from the applicant
    in accordance with paragraph (2)(D)(i), to a State
    higher education agency administering State-based
    financial aid and serving the applicant's State of
    residence, the information described under section
    6103(l)(13) of the Internal Revenue Code of 1986
    and information described in paragraph (2)(B) for
    the application, award, and administration of
    grants and other student financial aid provided
    directly from the State to be determined by such
    State. Such information shall include the list of
    institutions provided by the applicant on the
    application.
    ``(ii) Use of information.--A State agency
    administering State-based financial aid--
    ``(I) shall use the information
    provided under clause (i) solely for the
    application, award, and administration
    of State-based financial aid for which
    the applicant is eligible;
    ``(II) may use the information,
    except for the information described
    under section 6103(l)(13) of

    [[Page 3175]]

    the Internal Revenue Code of 1986, for
    State agency research that does not
    release any individually identifiable
    information on any applicant to promote
    college attendance, persistence, and
    completion;
    ``(III) may use identifying
    information provided by student
    applicants on the FAFSA to determine
    whether or not a graduating secondary
    student has filed the application in
    coordination with local educational
    agencies or secondary schools to
    encourage students to complete the
    application; and
    ``(IV) may share the application
    information, excluding the information
    described under section 6103(l)(13) of
    the Internal Revenue Code of 1986, with
    any other entity, only if such applicant
    provides explicit written consent of the
    applicant, except as provided in
    subclause (III).
    ``(iii) Limitation on consent process.--A
    State may provide a consent process whereby an
    applicant may elect to share the information
    described in clause (i), except for the
    information described in section 6103(l)(13) of
    the Internal Revenue Code of 1986, through
    explicit written consent to Federal, State, or
    local government agencies or tribal organizations
    to assist such applicant in applying for and
    receiving Federal, State, or local government
    assistance, or tribal assistance for any component
    of the applicant's cost of attendance that may
    include financial assistance or non-monetary
    assistance.
    ``(iv) Prohibition.--Any entity that receives
    applicant information under clause (iii) shall not
    sell, share, or otherwise use applicant
    information other than for the purposes outlined
    in clause (iii).
    ``(C) Use of information provided to the
    institution.--An institution--
    ``(i) shall use the information provided to it
    solely for the application, award, and
    administration of financial aid to the applicant;
    ``(ii) may use the information provided,
    excluding the information described under section
    6013(l)(13) of the Internal Revenue Code of 1986,
    for research that does not release any
    individually identifiable information on any
    applicant, to promote college attendance,
    persistence, and completion; and
    ``(iii) shall not share such educational
    record information with any other entity without
    the explicit written consent of the applicant.
    ``(D) Prohibition.--Any entity that receives
    applicant information under subparagraph (C)(iii) shall
    not sell, share, or otherwise use applicant information
    other than for the purposes outlined in subparagraph
    (C).
    ``(E) Fafsa information that includes tax return
    information.--An applicant's FAFSA information that
    includes return or return information as described in
    section 6103(l)(13) of the Internal Revenue Code of 1986
    may be disclosed or redisclosed (which shall include
    obtaining,

    [[Page 3176]]

    sharing, or discussing such information) only in
    accordance with the procedures described in section 494.
    ``(4) Development of form and information exchange.--Prior
    to the design of the free application under this subsection, the
    Secretary shall, to the maximum extent practicable, on an annual
    basis--
    ``(A) <>  consult with
    stakeholders to gather information about innovations and
    technology available to--
    ``(i) ensure an efficient and effective
    process;
    ``(ii) mitigate unintended consequences; and
    ``(iii) determine the best practices for
    outreach to students and families during the
    transition to the streamlined process for the
    determination of Federal financial aid and Federal
    Pell Grant eligibility while reducing the data
    burden on applicants and families; and
    ``(B) solicit public comments for the format of the
    free application that provides for adequate time to
    incorporate feedback prior to development of the
    application for the succeeding award year.
    ``(5) No additional information requests permitted.--In
    carrying out this subsection, the Secretary may not require
    additional information to be submitted by an applicant (or the
    parents or spouse of an applicant) for Federal financial aid
    through other requirements or reporting, except as required
    under a process or procedure exercised in accordance with the
    authority under section 479A.
    ``(6) State-run programs.--
    ``(A) In general.--The Secretary shall conduct
    outreach to States in order to research the benefits to
    students of States relying solely on the student aid
    index, scheduled Pell Grant Award, or the financial data
    made available, upon authorization by the applicant, as
    a result of an application for aid under this subsection
    for determining the eligibility of the applicant for
    State provided financial aid.
    ``(B) <>  Secretarial review.--
    If a State determines that there is a need for
    additional data elements beyond those provided pursuant
    to this subsection for determining the eligibility of an
    applicant for State provided financial aid, the State
    shall forward a list of those additional data elements
    determined necessary, but not provided by virtue of the
    application under this subsection, to the Secretary.
    The <>
    Secretary shall make readily available to the public
    through the Department's websites and other means--
    ``(i) a list of States that do not require
    additional financial information separate from the
    Free Application for Federal Student Aid and do
    not require asset information from students who
    qualify for the exemption from asset reporting
    under section 479 for the purposes of awarding
    State scholarships and grant aid;
    ``(ii) a list of States that require asset
    information from students who qualify for the
    exemption from asset reporting under section 479
    for the purposes of awarding State scholarships
    and grant aid;
    ``(iii) a list of States that have indicated
    that they require additional financial information
    separate from

    [[Page 3177]]

    the Free Application for Federal Student Aid for
    purposes of awarding State scholarships and grant
    aid; and
    ``(iv) with the publication of the lists under
    this subparagraph, information about additional
    resources available to applicants, including links
    to such State websites.
    ``(7) Institution-run financial aid.--
    ``(A) In general.--The Secretary shall conduct
    outreach to institutions of higher education to describe
    the benefits to students of relying solely on the
    student aid index, scheduled Pell Grant Award, or the
    financial data made available, upon authorization for
    release by the applicant, as a result of an application
    for aid under this subsection for determining the
    eligibility of the applicant for institutional financial
    aid. <>
    The Secretary shall make readily available to the public
    through its websites and other means--
    ``(i) a list of institutions that do not
    require additional financial information separate
    from the Free Application for Federal Student Aid
    and do not require asset information from students
    who qualify for the exemption from asset reporting
    under section 479 for the purpose of awarding
    institution-run financial aid;
    ``(ii) a list of institutions that require
    asset information from students who qualify for
    the exemption from asset reporting under section
    479 for the purpose of awarding institution-run
    financial aid;
    ``(iii) a list of institutions that require
    additional financial information separate from the
    Free Application for Federal Student Aid for the
    purpose of awarding institution-run financial aid;
    and
    ``(iv) with the publication of the list in
    clause (iii), information about additional
    resources available to applicants.
    ``(8) <>  Security of data.--The
    Secretary shall, in consultation with the Secretary of the
    Treasury--
    ``(A) take all necessary steps to safeguard the data
    required to be transmitted for the purpose of this
    section between Federal agencies and to States and
    institutions of higher education and secure the
    transmittal of such data;
    ``(B) provide guidance to States and institutions of
    higher education regarding their obligation to ensure
    the security of the data provided under this section and
    section 6103 of the Internal Revenue Code of 1986; and
    ``(C) provide guidance on the implementation of
    section 6103 of the Internal Revenue Code of 1986,
    including how it intersects with the provisions of
    section 444 of the General Education Provisions Act
    (commonly known as the `Family Educational Rights and
    Privacy Act of 1974'), and any additional consent
    processes that may be available to applicants in
    accordance with the Internal Revenue Code of 1986
    regarding sharing of Federal tax information.
    ``(9) Report to congress.--
    ``(A) In general.--Not later than 1 year after the
    date of enactment of the FAFSA Simplification Act, the

    [[Page 3178]]

    Secretary shall report to the authorizing committees on
    the progress of the Secretary in carrying out this
    subsection, including planning and stakeholder
    consultation. Such report shall include--
    ``(i) benchmarks for implementation;
    ``(ii) entities and organizations that the
    Secretary consulted;
    ``(iii) system requirements for such
    implementation and how they will be addressed;
    ``(iv) any areas of concern and potential
    problem issues uncovered that may hamper such
    implementation; and
    ``(v) solutions determined to address such
    issues.
    ``(B) Updates.--The Secretary shall provide updates
    to the authorizing committees--
    ``(i) as to the progress and planning
    described in subparagraph (A) prior to
    implementation of the revisions to the Free
    Application for Federal Student Aid under this
    subsection not less often than quarterly; and
    ``(ii) at least 6 months and 1 year after
    implementation of the revisions to the Free
    Application for Federal Student Aid.

    ``(b) Adjustments and Improvements.--
    ``(1) <>  In general.--The Secretary
    shall disclose in a consumer-tested format, upon completion of
    the Free Application for Federal Student Aid under this section,
    that the student may, on a case-by-case basis, qualify for an
    adjustment under section 479A to the cost of attendance or the
    values of the data items required to calculate the Federal Pell
    Grant or the need analysis for the student or parent. Such
    disclosure shall specify--
    ``(A) examples of the special circumstances under
    which a student or family member may qualify for such
    adjustment or determination of independence; and
    ``(B) additional information regarding the steps a
    student or family member may take in order to seek an
    adjustment under section 479A.
    ``(2) Consumer testing.--
    ``(A) <>  In general.--Not later
    than 9 months after the date of enactment of the FAFSA
    Simplification Act, the Secretary shall begin consumer
    testing the design of the Free Application for Federal
    Student Aid under this section with prospective first-
    generation college students, representatives of students
    (including low-income students, English learners, first-
    generation college students, adult students, veterans,
    servicemembers, and prospective students), students'
    families (including low-income families, families with
    English learners, families with first-generation college
    students, and families with prospective students),
    institutions of higher education, secondary school and
    postsecondary counselors, and nonprofit consumer groups.
    ``(B) Updates.--For award year 2023-2024 and at
    least each fourth succeeding award year thereafter, the
    Secretary shall update the design of the Free
    Application for Federal Student Aid based on additional
    consumer testing with

    [[Page 3179]]

    the populations described in subparagraph (A) in order
    to improve the usability and accessibility of the
    application.
    ``(3) Accessibility of the fafsa.--The Secretary shall--
    ``(A) in conjunction with the Bureau of the Census,
    determine the most common languages spoken by English
    learner students and their parents in the United States;
    ``(B) develop and make publicly available versions
    of the Free Application for Federal Student Aid form in
    not fewer than 11 of the most common languages
    determined under subparagraph (A) and make such versions
    available and accessible to applicants in paper and
    electronic formats; and
    ``(C) ensure that the Free Application for Federal
    Student Aid is available in formats accessible to
    individuals with disabilities and compliant with the
    most recent Web Content Accessibility Guidelines, or
    successor guidelines.
    ``(4) Reapplication in a succeeding academic year.--In order
    to streamline an applicant's experience in applying for
    financial aid, the Secretary shall allow an applicant who
    electronically applies for financial assistance under this title
    for an academic year subsequent to an academic year for which
    such applicant applied for financial assistance under this title
    to automatically electronically import all of the applicant's
    (including parents', guardians', or spouses', as applicable)
    identifying, demographic, and school data from the previous
    application and to update such information to reflect any
    circumstances that have changed.
    ``(5) Technology accessibility.--The Secretary shall make
    the application under this section available through prevalent
    technology. Such technology shall, at a minimum, enable
    applicants to--
    ``(A) <>  save data; and
    ``(B) submit the application under this title to the
    Secretary through such technology.
    ``(6) Verification burden.--The Secretary shall--
    ``(A) to the maximum extent practicable, streamline
    and simplify the process of verification for applicants
    for Federal financial aid;
    ``(B) in establishing policies and procedures to
    verify applicants' eligibility for Federal financial
    aid, consider--
    ``(i) the burden placed on low-income
    applicants;
    ``(ii) the risk to low-income applicants of
    failing to complete the application, enroll in
    college, or complete a postsecondary credential as
    a result of being selected for verification;
    ``(iii) the effectiveness of the policies and
    procedures in preventing overpayments; and
    ``(iv) the reasons for the source of any
    improper payments; and
    ``(C) <>  issue a public report not
    less often than annually that includes the number and
    percentage of applicants subject to verification,
    whether the applicants ultimately received Federal
    financial aid disbursements, the extent to which the
    student aid index changed for such applicants as a
    result of verification, and the extent to which such
    applicants' eligibility for Federal financial aid under
    this title changed.

    [[Page 3180]]

    ``(7) Studies.--The Secretary shall periodically conduct
    studies on--
    ``(A) whether the Free Application for Federal
    Student Aid is a barrier to college enrollment by
    examining--
    ``(i) the effect of States requiring
    additional information specified in clauses (ii)
    and (iii) of subsection (a)(6)(B) on the
    determination of State financial aid awards,
    including--
    ``(I) how much financial aid awards
    would change if the additional
    information were not required; and
    ``(II) the number of students who
    started but did not finish the Free
    Application for Federal Student Aid,
    compared to the baseline year of 2021;
    and
    ``(ii) the number of students who--
    ``(I) started a Free Application for
    Federal Student Aid but did not receive
    financial assistance under this title
    for the applicable academic year; and
    ``(II) if available, did not enroll
    in an institution of higher education in
    the applicable academic year;
    ``(B) the most common barriers faced by applicants
    in completing the Free Application for Federal Student
    Aid; and
    ``(C) the most common reasons that students and
    families do not fill out the Free Applications for
    Federal Student Aid.

    ``(c) Data and Information.--
    ``(1) In general.--The Secretary shall publish data in a
    publicly accessible manner--
    ``(A) annually on the total number of Free
    Applications for Federal Student Aid submitted by
    application cycle, disaggregated by demographic
    characteristics, type of institution or institutions of
    higher education to which the applicant applied, the
    applicant's State of legal residence, and high school
    and public school district;
    ``(B) quarterly on the total number of Free
    Applications for Federal Student Aid submitted by
    application cycle, disaggregated by type of institution
    or institutions of higher education to which the
    applicant applied, the applicant's State of legal
    residence, and high school and public school district;
    ``(C) weekly on the total number of Free
    Applications for Federal Student Aid submitted,
    disaggregated by high school and public school district;
    and
    ``(D) annually on the number of individuals who
    apply for federal financial aid pursuant to this section
    who indicated that they are--
    ``(i) an unaccompanied homeless youth or
    unaccompanied, at risk of homelessness, and self-
    supporting; or
    ``(ii) a foster care youth.
    ``(2) Contents.--The data described in paragraph (1)(D) with
    respect to homeless youth shall include, at a minimum, for each
    application cycle--

    [[Page 3181]]

    ``(A) the total number of all applicants who were
    determined to be individuals described in section
    480(d)(8); and
    ``(B) the number of applicants described in
    subparagraph (A), disaggregated--
    ``(i) by State; and
    ``(ii) by the sources of determination as
    described in section 479D(b).
    ``(3) Data sharing.--The Secretary may enter into data
    sharing agreements with the appropriate Federal or State
    agencies to conduct outreach regarding, and connect applicants
    directly with, the means-tested Federal benefit programs
    described in subsection (a)(2)(B)(ii)(XVII) for which the
    applicants may be eligible.

    ``(d) Ensuring Form Usability.--
    ``(1) Signature.--Notwithstanding any other provision of
    this title, the Secretary may permit the Free Application for
    Federal Student Aid to be submitted without a signature, if a
    signature is subsequently submitted by the applicant, or if the
    applicant uses an access device provided by the Secretary.
    ``(2) Free preparation authorized.--Notwithstanding any
    other provision of this title, an applicant may use a preparer
    for consultative or preparation services for the completion of
    the Free Application for Federal Student Aid without charging a
    fee to the applicant if the preparer--
    ``(A) includes, at the time the application is
    submitted to the Department, the name, address or
    employer's address, social security number or employer
    identification number, and organizational affiliation of
    the preparer on the applicant's form;
    ``(B) is subject to the same penalties as an
    applicant for purposely giving false or misleading
    information in the application;
    ``(C) clearly informs each individual upon initial
    contact, that the Free Application for Federal Student
    Aid is a free form that may be completed without
    professional assistance; and
    ``(D) does not produce, use, or disseminate any
    other form for the purpose of applying for Federal
    financial aid other than the Free Application for
    Federal Student Aid developed by the Secretary under
    this section.
    ``(3) Charges to students and parents for use of forms
    prohibited.--The need for and eligibility of a student for
    financial assistance under this title may be determined only by
    using the Free Application for Federal Student Aid developed by
    the Secretary under this section. Such application shall be
    produced, distributed, and processed by the Secretary, and no
    parent or student shall be charged a fee by the Secretary, a
    contractor, a third-party servicer or private software provider,
    or any other public or private entity for the collection,
    processing, or delivery of Federal financial aid through the use
    of such application. No data collected on a form for which a fee
    is charged shall be used to complete the Free Application for
    Federal Student Aid prescribed under this section, except that a
    Federal or State income tax form prepared by a paid income tax
    preparer or preparer service for the primary purpose of filing a
    Federal or State income tax return may be used

    [[Page 3182]]

    to complete the Free Application for Federal Student Aid
    prescribed under this section.
    ``(4) <>  Application
    processing cycle.--The Secretary shall enable applicants to
    submit a Free Application for Federal Student Aid developed
    under this section and initiate the processing of such
    application, not later than January 1 of the applicant's planned
    year of enrollment, to the maximum extent practicable, on or
    around October 1 prior to the applicant's planned year of
    enrollment.
    ``(5) Early estimates.--The Secretary shall maintain an
    electronic method for applicants to enter income and family size
    information to calculate a non-binding estimate of the
    applicant's Federal financial aid available under this title and
    shall place such calculator on a prominent location at the
    beginning of the Free Application for Federal Student Aid.
    ``(6) Additional forms.--Notwithstanding any other provision
    of this title, an institution may not condition the packaging or
    receipt of Federal financial aid on the completion of additional
    requests for financial information beyond the Free Application
    for Federal Student Aid, unless such information is required for
    verification, a determination of independence, or professional
    judgement.''.
    (2) <>  Reports.--Notwithstanding
    section 701(b) of this title, the Secretary of Education shall
    have the authority to issue reports and begin consumer testing
    prior to July 1, 2023, as provided in the amendment made by
    paragraph (1).

    (n) Student Eligibility.--
    (1) Amendments.--
    (A) In general.--Section 484 of the Higher Education
    Act of 1965 (20 U.S.C. 1091) is amended--
    (i) by striking subsections (n) and (r);
    (ii) by redesignating subsections (o), (p),
    (s), and (t), as subsections (n), (o), (q), and
    (r), respectively;
    (iii) by inserting between subsections (o) and
    (q), as redesignated under clause (i), the
    following:

    ``(p) <>  Use of Income Data With IRS.--The
    Secretary, in cooperation with the Secretary of the Treasury, shall
    fulfill the data transfer requirements under section 6103(l)(13) of the
    Internal Revenue Code of 1986 and the procedure and requirements
    outlined in section 494.''; and
    (iv) by adding at the end the following:

    ``(s) Exception to Required Registration With the Selective Service
    System.--Notwithstanding section 12(f) of the Military Selective Service
    Act (50 U.S.C. 3811(f)), an individual shall not be ineligible for
    assistance or a benefit provided under this title if the individual is
    required under section 3 of such Act (50 U.S.C. 3802) to present himself
    for and submit to registration under such section and fails to do so in
    accordance with any proclamation issued under such section, or in
    accordance with any rule or regulation issued under such section.
    ``(t) Confined or Incarcerated Individuals.--
    ``(1) Definitions.--In this subsection:
    ``(A) Confined or incarcerated individual.--The term
    `confined or incarcerated individual'--
    ``(i) means an individual who is serving a
    criminal sentence in a Federal, State, or local
    penal institution,

    [[Page 3183]]

    prison, jail, reformatory, work farm, or other
    similar correctional institution; and
    ``(ii) does not include an individual who is
    in a halfway house or home detention or is
    sentenced to serve only weekends.
    ``(B) Prison education program.--The term `prison
    education program' means an education or training
    program that--
    ``(i) is an eligible program under this title
    offered by an institution of higher education (as
    defined in section 101 or 102(a)(1)(B));
    ``(ii) is offered by an institution that has
    been approved to operate in a correctional
    facility by the appropriate State department of
    corrections or other entity that is responsible
    for overseeing correctional facilities, or by the
    Bureau of Prisons;
    ``(iii) has been determined by the appropriate
    State department of corrections or other entity
    that is responsible for overseeing correctional
    facilities, or by the Bureau of Prisons, to be
    operating in the best interest of students, the
    determination of which shall be made by the State
    department of corrections or other entity or by
    the Bureau of Prisons, respectively, and may be
    based on--
    ``(I) rates of confined or
    incarcerated individuals continuing
    their education post-release;
    ``(II) job placement rates for such
    individuals;
    ``(III) earnings for such
    individuals;
    ``(IV) rates of recidivism for such
    individuals;
    ``(V) the experience, credentials,
    and rates of turnover or departure of
    instructors;
    ``(VI) the transferability of
    credits for courses available to
    confined or incarcerated individuals and
    the applicability of such credits toward
    related degree or certificate programs;
    or
    ``(VII) offering relevant academic
    and career advising services to
    participating confined or incarcerated
    individuals while they are confined or
    incarcerated, in advance of reentry, and
    upon release;
    ``(iv) offers transferability of credits to at
    least 1 institution of higher education (as
    defined in section 101 or 102(a)(1)(B)) in the
    State in which the correctional facility is
    located, or, in the case of a Federal correctional
    facility, in the State in which most of the
    individuals confined or incarcerated in such
    facility will reside upon release;
    ``(v) is offered by an institution that has
    not been subject, during the 5 years preceding the
    date of the determination, to--
    ``(I) any suspension, emergency
    action, or termination of programs under
    this title;
    ``(II) any adverse action by the
    institution's accrediting agency or
    association; or
    ``(III) any action by the State to
    revoke a license or other authority to
    operate;

    [[Page 3184]]

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

    [[Page 3185]]

    ``(V) employment and earnings
    outcomes for such individuals; and
    ``(VI) rates of recidivism for such
    individuals;
    ``(iii) track individuals who received Federal
    Pell Grants under subpart 1 of part A at 1, 3, and
    5 years after the individuals' release from
    confinement or incarceration; and
    ``(iv) examine the extent to which
    institutions provide re-entry or relevant career
    services to participating confined or incarcerated
    individuals as part of the prison education
    program and the efficacy of such services, if
    offered.
    ``(B) Report.--Beginning not later than 1 year after
    the Secretary awards the grant, contract, or cooperative
    agreement described in subparagraph (A) and annually
    thereafter, each institution of higher education
    operating a prison education program under this
    subsection shall submit a report to the Secretary on
    activities assisted and students served under this
    subsection, which shall include the information, as
    applicable, contained in clauses (i) through (iv) of
    subparagraph (A).
    ``(5) <>  Report.--
    Not later than 1 year after the date of enactment of the FAFSA
    Simplification Act and on at least an annual basis thereafter,
    the Secretary shall submit to the authorizing committees, and
    make publicly available on the website of the Department, a
    report on the--
    ``(A) impact of this subsection which shall include,
    at a minimum--
    ``(i) the names and types of institutions of
    higher education offering prison education
    programs at which confined or incarcerated
    individuals are enrolled and receiving Federal
    Pell Grants;
    ``(ii) the number of confined or incarcerated
    individuals receiving Federal Pell Grants through
    each prison education program;
    ``(iii) the amount of Federal Pell Grant
    expenditures for each prison education program;
    ``(iv) the average amount of Federal Pell
    Grant expenditures per full-time equivalent
    students in a prison education program compared to
    the average amount of Federal Pell Grant
    expenditures per full-time equivalent students not
    in prison education programs;
    ``(v) the demographics of confined or
    incarcerated individuals receiving Federal Pell
    Grants;
    ``(vi) the cost of attendance for such
    individuals;
    ``(vii) the mode of instruction (such as
    distance education, in-person instruction, or a
    combination of such modes) for each prison
    education program;
    ``(viii) information on the academic outcomes
    of such individuals (such as credits attempted and
    earned, and credential and degree completion) and
    any information available from student
    satisfaction surveys conducted by the applicable
    institution or correctional facility;

    [[Page 3186]]

    ``(ix) information on post-release outcomes of
    such individuals, including, to the extent
    practicable, continued postsecondary enrollment,
    earnings, credit transfer, and job placement;
    ``(x) rates of recidivism for confined or
    incarcerated individuals receiving Federal Pell
    Grants;
    ``(xi) information on transfers of confined or
    incarcerated individuals between prison education
    programs;
    ``(xii) the most common programs and courses
    offered in prison education programs; and
    ``(xiii) rates of instructor turnover or
    departure for courses offered in prison education
    programs;
    ``(B) results of each prison education program at
    each institution of higher education, including the
    information described in clauses (ii) through (xiii) of
    subparagraph (A); and
    ``(C) findings regarding best practices with respect
    to prison education programs.''.
    (B) Conforming amendment.--Section 428B(f)(2) of the
    Higher Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is
    amended by striking ``section 484(p)'' and inserting
    ``section 484(o)''.
    (C) Institutional and financial assistance
    information for students.--Section 485 of the Higher
    Education Act of 1965 (20 U.S.C. 1092) is amended by
    repealing subsection (k).
    (2) <>  Early effective date
    permitted.--Notwithstanding section 701(b) of this Act, sections
    401(b)(6) and 484(r) of the Higher Education Act of 1965 (20
    U.S.C. 1070a(b)(6); 1091(r)) as in effect on the date of
    enactment of this Act, and section 12(f) of the Military
    Selective Service Act (50 U.S.C. 3811(f)), the Secretary of
    Education may implement the amendments made by paragraph (1) of
    this subsection before (but not later than) July 1, 2023. The
    Secretary shall specify in a designation on what date, under
    what conditions, and for which award years the Secretary will
    implement such amendments prior to July 1, 2023. <>  The Secretary shall publish any
    designation under this paragraph in the Federal Register at
    least 60 days before implementation.

    (o) Early Awareness of Financial Aid Eligibility.--Section 485E of
    the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended to read as
    follows:
    ``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID
    ELIGIBILITY.

    ``(a) In General.--The Secretary shall implement early outreach
    activities in order to provide prospective students and their families
    with information about financial aid and estimates of financial aid.
    Such early outreach activities shall include the activities described in
    subsections (b), (c), and (d).
    ``(b) Pell Grant Early Awareness Estimates.--
    ``(1) In general.--The Secretary shall produce a consumer-
    tested method of estimating student eligibility for Federal Pell
    Grants under section 401(b) utilizing the variables of family
    size and adjusted gross income, presented in electronic format.

    [[Page 3187]]

    There shall be a method for students to indicate whether they
    are, or will be in--
    ``(A) a single-parent household;
    ``(B) a household with two parents; or
    ``(C) a household with no children or dependents.
    ``(2) Consumer testing.--
    ``(A) In general.--The method of estimating
    eligibility described in paragraph (1) shall be consumer
    tested with prospective first-generation students and
    families as well as low-income individuals and families.
    ``(B) Updates.--For award year 2023-2024 and each
    fourth succeeding award year thereafter, the design of
    the method of estimating eligibility shall be updated
    based on additional consumer testing with the
    populations described in subparagraph (A).
    ``(3) <>
    Distribution.--The method of estimating eligibility described in
    paragraph (1) shall be--
    ``(A) made publicly and prominently available on the
    Department's website; and
    ``(B) actively shared by the Secretary with--
    ``(i) institutions of higher education
    participating in programs under this title;
    ``(ii) all middle and secondary schools
    eligible for funds under part A of title I of the
    Elementary and Secondary Education Act of 1965;
    ``(iii) local educational agencies and middle
    schools and high schools that serve students not
    less than 25 percent of whom meet a measure of
    poverty as described in section 1113(a)(5) of the
    Elementary and Secondary Education Act of 1965;
    and
    ``(iv) agencies responsible for administering
    means-tested Federal benefit programs, as defined
    in section 479(b)(4)(H).
    ``(4) Electronic estimator on fafsa.--In accordance with
    subsection (d)(5) of section 483, the Secretary shall maintain
    an electronic method for applicants to enter income and family
    size, and level of education sought information to calculate a
    non-binding estimate (which may include a range, ceiling, or
    minimum) of the applicant's Federal financial aid available
    under this title and shall place such calculator on a prominent
    location on the FAFSA website and in a manner that encourages
    students to fill out the FAFSA.

    ``(c) Early Awareness Plans.--The Secretary shall establish and
    implement early awareness and outreach plans to provide early
    information about the availability of Federal financial aid and
    estimates of prospective students' eligibility for Federal financial aid
    as well as to promote the attainment of postsecondary education
    specifically among prospective first-generation students and families as
    well as low-income individuals and families, as follows:
    ``(1) Outreach plans for low-income families.--
    ``(A) In general.--The Secretary shall develop plans
    for each population described in this subparagraph to
    disseminate information about the availability of
    Federal financial aid under this title, in addition to
    and in coordination with the distribution of the method
    of estimating eligibility under subsection (b), to--

    [[Page 3188]]

    ``(i) all middle schools and secondary schools
    eligible for funds under part A of title I of the
    Elementary and Secondary Education Act of 1965;
    ``(ii) local educational agencies and middle
    schools and high schools that serve students not
    less than 25 percent of whom meet a measure of
    poverty as described in section 1113(a)(5) of the
    Elementary and Secondary Education Act;
    ``(iii) households receiving assistance under
    the supplemental nutrition assistance program
    established under the Food and Nutrition Act of
    2008 (7 U.S.C. 2011 et seq.); and
    ``(iv) agencies responsible for administering
    means-tested Federal benefit programs, as defined
    in section 479(b)(4)(H).
    ``(B) Content of plans.--The plans described in
    paragraph (A) shall--
    ``(i) provide students and their families with
    information on--
    ``(I) the availability of the
    College Scorecard or any similar
    successor website;
    ``(II) the electronic estimates of
    financial aid available under subsection
    (b);
    ``(III) Federal financial aid
    available to students, including
    eligibility criteria for the Federal
    financial aid and an explanation of the
    Federal financial aid programs
    (including applicable Federal
    educational tax credits); and
    ``(IV) resources that can inform
    students of financial aid that may be
    available from state-based financial
    aid, state-based college savings
    programs, and scholarships and other
    non-governmental sources;
    ``(ii) describe how the dissemination of
    information will be conducted by the Secretary.
    ``(C) <>
    Reporting and updates.--The Secretary shall post the
    information about the plans under subparagraph (A) and
    associated goals publicly on the Department's website.
    On an annual basis, the Secretary shall report
    qualitative and quantitative outcomes regarding the
    implementation of the plans under subparagraph (A). The
    Secretary shall review and update such plans not less
    often than every 4 award years with the goal of
    progressively increasing the impact of the activities
    under this paragraph.
    ``(D) Partnership.--The Secretary may partner with
    States, State systems of higher education, institutions
    of higher education, or college access organizations to
    carry out this paragraph.
    ``(2) Interagency coordination plans.--
    ``(A) In general.--The Secretary shall develop
    interagency coordination plans in order to inform more
    students and families, including low-income individuals
    or families and recipients of means-tested Federal
    benefits, about the availability of Federal financial
    aid under this title through participation in existing
    Federal programs or tax benefits

    [[Page 3189]]

    that serve low-income individuals or families, in
    coordination with the following Secretaries:
    ``(i) The Secretary of the Treasury.
    ``(ii) The Secretary of Labor.
    ``(iii) The Secretary of Health and Human
    Services.
    ``(iv) The Secretary of Agriculture.
    ``(v) The Secretary of Housing and Urban
    Development.
    ``(vi) The Secretary of Commerce.
    ``(vii) The Secretary of Veterans Affairs.
    ``(viii) The Secretary of the Interior.
    ``(B) Process, activities, and goals.--Each
    interagency coordination plan under subparagraph (A)
    shall--
    ``(i) identify opportunities in which low-
    income individuals and families could be informed
    of the availability of Federal financial aid under
    this title through access to other Federal
    programs that serve low-income individuals and
    families;
    ``(ii) identify methods to effectively inform
    low-income individuals and families of the
    availability of Federal financial aid for
    postsecondary education under this title and
    assist such individuals in completing the Free
    Application for Federal Student Aid;
    ``(iii) develop early awareness and FAFSA
    completion activities that align with the
    opportunities and methods identified under clauses
    (i) and (ii);
    ``(iv) establish goals regarding the effects
    of the activities to be implemented under clause
    (iii); and
    ``(v) provide information on how students and
    families can maintain access to Federal programs
    that serve low-income individuals and families
    operated by the agencies identified under
    subsection (A) while attending an institution of
    higher education.
    ``(C) Plan with secretary of the treasury.--The
    interagency coordination plan under subparagraph (A)(i)
    between the Secretary and the Secretary of the Treasury
    shall further include specific methods to increase the
    application for Federal financial aid under this title
    from individuals who file Federal tax returns, including
    collaboration with tax preparation entities or other
    third parties, as appropriate.
    ``(D) <>
    Reporting and updates.--The Secretary shall post the
    information about the interagency coordination plans
    under this paragraph and associated goals publicly on
    the Department's website. The plans shall have the goal
    of progressively increasing the impact of the activities
    under this paragraph by increasing the number of low-
    income applicants for, and recipients of, Federal
    financial aid. The plans shall be updated not less than
    once every 4 years.
    ``(3) Nationwide participation in early awareness plans.--
    ``(A) In general.--The Secretary shall solicit
    voluntary public commitments from entities, such as
    States, State systems of higher education, institutions
    of higher education, and other interested organizations,
    to carry out early awareness plans, which shall include
    goals, to--

    [[Page 3190]]

    ``(i) <>  notify
    prospective and existing students who are low-
    income individuals and families about their
    eligibility for Federal aid under this title, as
    well as State-based financial aid, if applicable,
    on an annual basis;
    ``(ii) increase the number of prospective and
    current students who are low-income individuals
    and families filing the Free Application for
    Federal Student Aid; and
    ``(iii) increase the number of prospective and
    current students who are low-income individuals
    and families enrolling in postsecondary education.
    ``(B) Reporting and updates.--Each entity that makes
    a voluntary public commitment to carry out an early
    awareness plan may submit quantitative and qualitative
    data based on the entity's progress toward the goals of
    the plan annually prior to a date selected by the
    Secretary.
    ``(C) <>  Early awareness champions.--Based on data
    submitted by entities, the Secretary shall select and
    designate entities submitting public commitments, plans,
    and goals, as Early Awareness Champions on an annual
    basis. Those entities designated as Early Awareness
    Champions shall provide one or more case studies
    regarding the activities the entity undertook under this
    paragraph which shall be made public by the Secretary on
    the Department of Education website to promote best
    practices.

    ``(d) Public Awareness Campaign.--
    ``(1) In general.--The Secretary shall develop and implement
    a public awareness campaign designed using current and relevant
    independent research regarding strategies and media platforms
    found to be most effective in communicating with low-income
    populations in order to increase national awareness regarding
    the availability of Federal Pell Grants and financial aid under
    this title and, at the option of the Secretary, potential
    availability of state need-based financial aid.
    ``(2) Coordination.--The public awareness campaign described
    in paragraph (1) shall leverage the activities in subsections
    (b) and (c) to highlight eligibility among low-income
    populations. In <>  developing and
    implementing the campaign, the Secretary may work in
    coordination with States, institutions of higher education,
    early intervention and outreach programs under this title, other
    Federal agencies, agencies responsible for administering means-
    tested Federal benefit programs (as defined in section
    479(b)(4)(H)), organizations involved in college access and
    student financial aid, secondary schools, local educational
    agencies, public libraries, community centers, businesses,
    employers, workforce investment boards, and organizations that
    provide services to individuals who are or were homeless, in
    foster care, or are disconnected youth.
    ``(3) <>
    Reporting.--The Secretary shall report on the success of the
    public awareness campaign described in paragraph (1) annually
    regarding the extent to which the public and target populations
    were reached using data commonly used to evaluate advertising
    and outreach campaigns and data regarding whether the campaign
    produced any increase in applicants for Federal aid under this
    title publicly on the Department of Education website.''.

    [[Page 3191]]

    (p) Procedure and Requirements for Requesting Tax Return Information
    From the Internal Revenue Service.--Section 494(a)(1) of the Higher
    Education Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended--
    (1) in subparagraph (A)(ii), by striking ``and'' after the
    semicolon;
    (2) in subparagraph (B), by striking the period at the end
    and inserting ``; and''; and
    (3) by adding at the end the following:
    ``(C) if an individual is pursuing provisional
    independent student status due to an unusual
    circumstance, as described in section 479A and provided
    for in section 479D, require such individual to provide
    an affirmative approval under subparagraph (B), but not
    require a parent of such individual to provide an
    affirmative approval under subparagraph (B).''.
    SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
    APPLICATIONS.

    Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is
    amended to read as follows:
    ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
    APPLICATIONS.

    ``(a) Purpose; Definitions.--
    ``(1) Purpose.--The purpose of this subpart is to provide a
    Federal Pell Grant to low-income students.
    ``(2) Definitions.--In this section--
    ``(A) the term `adjusted gross income' means--
    ``(i) in the case of a dependent student, the
    adjusted gross income (as defined in section 62 of
    the Internal Revenue Code of 1986) of the
    student's parents in the second tax year preceding
    the academic year; and
    ``(ii) in the case of an independent student,
    the adjusted gross income (as defined in section
    62 of the Internal Revenue Code of 1986) of the
    student (and the student's spouse, if applicable)
    in the second tax year preceding the academic
    year;
    ``(B) the term `family size' has the meaning given
    the term in section 480(k);
    ``(C) the term `poverty line' means the poverty line
    (as determined under the poverty guidelines updated
    periodically in the Federal Register by the Department
    of Health and Human Services under the authority of
    section 673(2) of the Community Services Block Grant Act
    (42 U.S.C. 9902(2))) applicable to the student's family
    size and applicable to the second tax year preceding the
    academic year;
    ``(D) the term `single parent' means--
    ``(i) a parent of a dependent student who was
    a head of household (as defined in section 2(b) of
    the Internal Revenue Code of 1986) or a surviving
    spouse (as defined in section 2(a) of the Internal
    Revenue Code of 1986) or was an eligible
    individual for purposes of the credit under
    section 32 of such Code, in the second tax year
    preceding the academic year; or
    ``(ii) an independent student who is a parent
    and was a head of household (as defined in section
    2(b)

    [[Page 3192]]

    of the Internal Revenue Code of 1986) or a
    surviving spouse (as defined in section 2(a) of
    the Internal Revenue Code of 1986) or was an
    eligible individual for purposes of the credit
    under section 32 of such Code, in the second tax
    year preceding the academic year;
    ``(E) the term `total maximum Federal Pell Grant'
    means the total maximum Federal Pell Grant award per
    student for any academic year described under subsection
    (b)(5); and
    ``(F) the term `minimum Federal Pell Grant' means
    the minimum amount of a Federal Pell Grant that shall be
    awarded to a student for any academic year in which that
    student is attending full time, which shall be equal to
    10 percent of the total maximum Federal Pell Grant for
    such academic year.

    ``(b) Amount and Distribution of Grants.--
    ``(1) Determination of amount of a federal pell grant.--
    Subject to paragraphs (2) and (3), the amount of a Federal Pell
    Grant for a student shall be determined in accordance with the
    following:
    ``(A) A student shall be eligible for a total
    maximum Federal Pell Grant for an academic year in which
    the student is enrolled in an eligible program full
    time--
    ``(i) if the student (and the student's
    spouse, if applicable), or, in the case of a
    dependent student, the dependent student's parents
    (or single parent), is not required to file a
    Federal income tax return in the second year
    preceding the academic year;
    ``(ii) if the student or, in the case of a
    dependent student, the dependent student's parent,
    is a single parent, and the adjusted gross income
    is greater than zero and equal to or less than 225
    percent of the poverty line; or
    ``(iii) if the student or, in the case of a
    dependent student, the dependent student's parent,
    is not a single parent, and the adjusted gross
    income is greater than zero and equal to or less
    than 175 percent of the poverty line.
    ``(B) A student who is not eligible for a total
    maximum Federal Pell Grant under subparagraph (A) for an
    academic year, shall be eligible for a Federal Pell
    Grant for an academic year in which the student is
    enrolled in an eligible program full time if such
    student's student aid index in such award year is less
    than the total maximum Federal Pell Grant for that award
    year. The amount of the Federal Pell Grant for a student
    eligible under this subparagraph shall be--
    ``(i) the total maximum Federal Pell Grant as
    calculated under paragraph (5)(A) for that year,
    less
    ``(ii) an amount equal to the amount
    determined to be the student aid index with
    respect to that student for that year, except that
    a student aid index of less than zero shall be
    considered to be zero for the purposes of this
    clause,
    rounded to the nearest $5, except that a student
    eligible for less than the minimum Federal Pell Grant as
    defined in section (a)(2)(F) shall not be eligible for
    an award.

    [[Page 3193]]

    ``(C) A student who is not eligible for a Federal
    Pell Grant under subparagraph (A) or (B) shall be
    eligible for the minimum Federal Pell Grant for an
    academic year in which the student is enrolled in an
    eligible program full time--
    ``(i) in the case of a dependent student--
    ``(I) if the student's parent is a
    single parent, and the adjusted gross
    income is equal to or less than 325
    percent of the poverty line; or
    ``(II) if the student's parent is
    not a single parent, and the adjusted
    gross income is equal to or less than
    275 percent of the poverty line; or
    ``(ii) in the case of an independent student--
    ``(I) if the student is a single
    parent, and the adjusted gross income is
    equal to or less than 400 percent of the
    poverty line;
    ``(II) if the student is a parent
    and is not a single parent, and the
    adjusted gross income is equal to or
    less than 350 percent of the poverty
    line; or
    ``(III) if the student is not a
    parent, and the adjusted gross income is
    equal to or less than 275 percent of the
    poverty line.
    ``(D) A student eligible for the total maximum
    Federal Pell Grant under subparagraph (A) who has (or
    whose spouse or parent, as applicable based on whose
    information is used under such subparagraph, has)
    foreign income that would, if added to adjusted gross
    income, result in the student no longer being eligible
    for such total maximum Federal Pell Grant, shall not be
    provided a Federal Pell Grant until the student aid
    administrator evaluates the student's FAFSA and makes a
    determination regarding whether it is appropriate to
    make an adjustment under section 479A(b)(1)(B)(v) to
    account for such foreign income when determining the
    student's eligibility for such total maximum Federal
    Pell Grant.
    ``(E) With respect to a student who is not eligible
    for the total maximum Federal Pell Grant under
    subparagraph (A) or a minimum Federal Pell Grant under
    subparagraph (C), the Secretary shall subtract from the
    student or parents' adjusted gross income, as applicable
    based on whose income is used for the Federal Pell Grant
    calculation, the sum of the following for the individual
    whose income is so used, and consider such difference
    the adjusted gross income for purposes of determining
    the student's eligibility for such Federal Pell Grant
    award under such subparagraph:
    ``(i) If the applicant, or, if applicable, the
    parents or spouse of the applicant, elects to
    report receiving college grant and scholarship aid
    included in gross income on a Federal tax return
    described in section 480(e)(2), the amount of such
    aid.
    ``(ii) Income earned from work under part C of
    this title.

    [[Page 3194]]

    ``(2) Less than full-time enrollment.--In any case where a
    student is enrolled in an eligible program of an institution of
    higher education on less than a full-time basis (including a
    student who attends an institution of higher education on less
    than a half-time basis) during any academic year, the amount of
    the Federal Pell Grant to which that student is entitled shall
    be reduced in direct proportion to the degree to which that
    student is not so enrolled on a full-time basis, rounded to the
    nearest whole percentage point, as provided in a schedule of
    reductions published by the Secretary computed in accordance
    with this subpart. Such schedule of reductions shall be
    published in the Federal Register in accordance with section
    482. Such reduced Federal Pell Grant for a student enrolled on a
    less than full-time basis shall also apply proportionally to
    students who are otherwise eligible to receive the minimum
    Federal Pell Grant, if enrolled full-time.
    ``(3) Award may not exceed cost of attendance.--No Federal
    Pell Grant under this subpart shall exceed the cost of
    attendance (as defined in section 472) at the institution at
    which that student is in attendance. If, with respect to any
    student, it is determined that the amount of a Federal Pell
    Grant for that student exceeds the cost of attendance for that
    year, the amount of the Federal Pell Grant shall be reduced
    until the Federal Pell Grant does not exceed the cost of
    attendance at such institution.
    ``(4) Study abroad.--Notwithstanding any other provision of
    this subpart, the Secretary shall allow the amount of the
    Federal Pell Grant to be exceeded for students participating in
    a program of study abroad approved for credit by the institution
    at which the student is enrolled when the reasonable costs of
    such program are greater than the cost of attendance at the
    student's home institution, except that the amount of such
    Federal Pell Grant in any fiscal year shall not exceed the
    maximum amount of a Federal Pell Grant for which a student is
    eligible under paragraph (1) or (2) during such award year. If
    the preceding sentence applies, the financial aid administrator
    at the home institution may use the cost of the study abroad
    program, rather than the home institution's cost, to determine
    the cost of attendance of the student.
    ``(5) Total maximum federal pell grant.--
    ``(A) In general.--For award year 2023-2024, and
    each subsequent award year, the total maximum Federal
    Pell Grant award per student shall be equal to the sum
    of--
    ``(i) $1,060; and
    ``(ii) the amount specified as the maximum
    Federal Pell Grant in the last enacted
    appropriation Act applicable to that award year.
    ``(B) Rounding.--The total maximum Federal Pell
    Grant for any award year shall be rounded to the nearest
    $5.
    ``(6) Funds by fiscal year.--
    ``(A) In general.--To carry out this section--
    ``(i) there are authorized to be appropriated
    and are appropriated (in addition to any other
    amounts appropriated to carry out this section and
    out of any money in the Treasury not otherwise
    appropriated)

    [[Page 3195]]

    such sums as are necessary to carry out paragraph
    (5)(A)(i) for fiscal year 2023 and each subsequent
    fiscal year; and
    ``(ii) such sums as may be necessary are
    authorized to be appropriated to carry out
    paragraph (5)(A)(ii) for each of the fiscal years
    2023 through 2033.
    ``(B) <>
    Availability of funds.--The amounts made available by
    subparagraph (A) for any fiscal year shall be available
    beginning on October 1 of that fiscal year, and shall
    remain available through September 30 of the succeeding
    fiscal year.
    ``(7) Appropriation.--
    ``(A) In general.--In addition to any funds
    appropriated under paragraph (6) and any funds made
    available for this section under any appropriations Act,
    there are authorized to be appropriated, and there are
    appropriated (out of any money in the Treasury not
    otherwise appropriated) to carry out this section,
    $1,170,000,000 for fiscal year 2023 and each subsequent
    award year.
    ``(B) No effect on previous appropriations.--The
    amendments made to this section by the FAFSA
    Simplification Act shall not--
    ``(i) increase or decrease the amounts that
    have been appropriated or are available to carry
    out this section for fiscal year 2017, 2018, 2019,
    2020, 2021, or 2022 as of the day before the
    effective date of such Act; or
    ``(ii) extend the period of availability for
    obligation that applied to any such amount, as of
    the day before such effective date.
    ``(C) <>
    Availability of funds.--The amounts made available by
    this paragraph for any fiscal year shall be available
    beginning on October 1 of that fiscal year, and shall
    remain available through September 30 of the succeeding
    fiscal year.
    ``(8) Method of distribution.--
    ``(A) In general.--For each fiscal year through
    fiscal year 2033, the Secretary shall pay to each
    eligible institution such sums as may be necessary to
    pay each eligible student for each academic year during
    which that student is in attendance at an institution of
    higher education as an undergraduate, a Federal Pell
    Grant in the amount for which that student is eligible.
    ``(B) Alternative disbursement.--Nothing in this
    section shall be interpreted to prohibit the Secretary
    from paying directly to students, in advance of the
    beginning of the academic term, an amount for which they
    are eligible, in the cases where an eligible institution
    does not participate in the disbursement system under
    subparagraph (A).
    ``(9) Additional payment periods in same award year.--
    ``(A) Effective in the 2017-2018 award year and
    thereafter, the Secretary shall award an eligible
    student not more than one and one-half Federal Pell
    Grants during a single award year to permit such student
    to work toward completion of an eligible program if,
    during that single award year, the student has received
    a Federal Pell Grant for an award year and is enrolled
    in an eligible program

    [[Page 3196]]

    for one or more additional payment periods during the
    same award year that are not otherwise fully covered by
    the student's Federal Pell Grant.
    ``(B) In the case of a student receiving more than
    one Federal Pell Grant in a single award year under
    subparagraph (A), the total amount of Federal Pell
    Grants awarded to such student for the award year may
    exceed the total maximum Federal Pell Grant available
    for an award year.
    ``(C) Any period of study covered by a Federal Pell
    Grant awarded under subparagraph (A) shall be included
    in determining a student's duration limit under
    subsection (d)(5).
    ``(D) In any case where an eligible student is
    receiving a Federal Pell Grant for a payment period that
    spans 2 award years, the Secretary shall allow the
    eligible institution in which the student is enrolled to
    determine the award year to which the additional period
    shall be assigned, as it determines is most beneficial
    to students.

    ``(c) Special Rule.--
    ``(1) In general.--A student described in paragraph (2)
    shall be eligible for the total maximum Federal Pell Grant.
    ``(2) Applicability.--Paragraph (1) shall apply to any
    dependent or independent student--
    ``(A) who is eligible to receive a Federal Pell
    Grant according to subsection (b)(1) for the award year
    for which the determination is made;
    ``(B) whose parent or guardian was--
    ``(i) an individual who, on or after September
    11, 2001, died in the line of duty while serving
    on active duty as a member of the Armed Forces; or
    ``(ii) actively serving as a public safety
    officer and died in the line of duty while
    performing as a public safety officer; and
    ``(C) who is less than 33 years of age.
    ``(3) Information.--Notwithstanding any other provision of
    law--
    ``(A) the Secretary shall establish the necessary
    data-sharing agreements with the Secretary of Veterans
    Affairs and the Secretary of Defense, as applicable, to
    provide the information necessary to determine which
    students meet the requirements of paragraph (2)(B)(i);
    and
    ``(B) the financial aid administrator shall verify
    with the student that the student is eligible for the
    adjustment and notify the Secretary of the adjustment of
    the student's eligibility.
    ``(4) Treatment of pell amount.--Notwithstanding section
    1212 of the Omnibus Crime Control and Safe Streets Act of 1968
    (34 U.S.C. 10302), in the case of a student who receives an
    increased Federal Pell Grant amount under this section, the
    total amount of such Federal Pell Grant, including the increase
    under this subsection, shall not be considered in calculating
    that student's educational assistance benefits under the Public
    Safety Officers' Benefits program under subpart 2 of part L of
    title I of such Act.
    ``(5) Definition of public safety officer.--For purposes of
    this subsection, the term `public safety officer' means--

    [[Page 3197]]

    ``(A) a public safety officer, as defined in section
    1204 of title I of the Omnibus Crime Control and Safe
    Streets Act of 1968 (34 U.S.C. 10284); or
    ``(B) a fire police officer, defined as an
    individual who--
    ``(i) is serving in accordance with State or
    local law as an officially recognized or
    designated member of a legally organized public
    safety agency;
    ``(ii) is not a law enforcement officer, a
    firefighter, a chaplain, or a member of a rescue
    squad or ambulance crew; and
    ``(iii) provides scene security or directs
    traffic--
    ``(I) in response to any fire drill,
    fire call, or other fire, rescue, or
    police emergency; or
    ``(II) at a planned special event.

    ``(d) Period of Eligibility for Grants.--
    ``(1) In general.--The period during which a student may
    receive Federal Pell Grants shall be the period required for the
    completion of the first undergraduate baccalaureate course of
    study being pursued by that student at the institution at which
    the student is in attendance, except that any period during
    which the student is enrolled in a noncredit or remedial course
    of study, as described in paragraph (2), shall not be counted
    for the purpose of this paragraph.
    ``(2) Noncredit or remedial courses; study abroad.--Nothing
    in this section shall exclude from eligibility courses of study
    which are noncredit or remedial in nature (including courses in
    English language instruction) which are determined by the
    institution to be necessary to help the student be prepared for
    the pursuit of a first undergraduate baccalaureate degree or
    certificate or, in the case of courses in English language
    instruction, to be necessary to enable the student to use
    already existing knowledge, training, or skills. Nothing in this
    section shall exclude from eligibility programs of study abroad
    that are approved for credit by the home institution at which
    the student is enrolled.
    ``(3) No concurrent payments.--No student is entitled to
    receive Pell Grant payments concurrently from more than one
    institution or from both the Secretary and an institution.
    ``(4) Postbaccalaureate program.--Notwithstanding paragraph
    (1), the Secretary may allow, on a case-by-case basis, a student
    to receive a Federal Pell Grant if the student--
    ``(A) is carrying at least one-half the normal full-
    time work load for the course of study the student is
    pursuing, as determined by the institution of higher
    education; and
    ``(B) is enrolled or accepted for enrollment in a
    postbaccalaureate program that does not lead to a
    graduate degree, and in courses required by a State in
    order for the student to receive a professional
    certification or licensing credential that is required
    for employment as a teacher in an elementary school or
    secondary school in that State,
    except that this paragraph shall not apply to a student who is
    enrolled in an institution of higher education that offers a
    baccalaureate degree in education.
    ``(5) Maximum period.--
    ``(A) In general.--Except as provided in
    subparagraph (B), the period during which a student may
    receive Federal

    [[Page 3198]]

    Pell Grants shall not exceed 12 semesters, or the
    equivalent of 12 semesters, as determined by the
    Secretary by regulation. Such regulations shall provide,
    with respect to a student who received a Federal Pell
    Grant for a term but was enrolled at a fraction of full
    time, that only that same fraction of such semester or
    equivalent shall count towards such duration limits.
    ``(B) Exception.--
    ``(i) In general.--Any Federal Pell Grant that
    a student received during a period described in
    subclause (I) or (II) of clause (ii) shall not
    count towards the student's duration limits under
    this paragraph.
    ``(ii) Applicable periods.--Clause (i) shall
    apply with respect to any Federal Pell Grant
    awarded to a student to enroll in an eligible
    program at an institution--
    ``(I) during a period of a student's
    attendance at an institution--
    ``(aa) at which the student
    was unable to complete a course
    of study due to the closing of
    the institution; or
    ``(bb) for which the student
    was falsely certified as
    eligible for Federal aid under
    this title; or
    ``(II) during a period--
    ``(aa) for which the student
    received a loan under this
    title; and
    ``(bb) for which the loan
    described in item (aa) is
    discharged under--
    ``(AA) section 437(c)(1)
    or section 464(g)(1);
    ``(BB) section
    432(a)(6); or
    ``(CC) section 455(h)
    due to the student's
    successful assertion of a
    defense to repayment of the
    loan, including defenses
    provided to any applicable
    groups of students.

    ``(e) Applications for Grants.--
    ``(1) Deadlines.--The Secretary shall from time to time set
    dates by which students shall file the Free Application for
    Federal Student Aid under section 483.
    ``(2) Application.--Each student desiring a Federal Pell
    Grant for any year shall file the Free Application for Federal
    Student Aid containing the information necessary to enable the
    Secretary to carry out the functions and responsibilities of
    this subpart.

    ``(f) Distribution of Grants to Students.--Payments under this
    section shall be made in accordance with regulations promulgated by the
    Secretary for such purpose, in such manner as will best accomplish the
    purpose of this section. Any disbursement allowed to be made by
    crediting the student's account shall be limited to tuition and fees,
    and food and housing if that food and housing is institutionally owned
    or operated. The student may elect to have the institution provide other
    such goods and services by crediting the student's account.
    ``(g) Insufficient Appropriations.--If, for any fiscal year, the
    funds appropriated for payments under this subpart are insufficient

    [[Page 3199]]

    to satisfy fully all entitlements, as calculated under subsections (b)
    and (c) (but at the maximum grant level specified in such
    appropriation), the Secretary shall promptly transmit a notice of such
    insufficiency to each House of the Congress, and identify in such notice
    the additional amount that would be required to be appropriated to
    satisfy fully all entitlements (as so calculated at such maximum grant
    level).
    ``(h) Use of Excess Funds.--
    ``(1) 15 percent or less.--If, at the end of a fiscal year,
    the funds available for making payments under this subpart
    exceed the amount necessary to make the payments required under
    this subpart to eligible students by 15 percent or less, then
    all of the excess funds shall remain available for making
    payments under this subpart during the next succeeding fiscal
    year.
    ``(2) More than 15 percent.--If, at the end of a fiscal
    year, the funds available for making payments under this subpart
    exceed the amount necessary to make the payments required under
    this subpart to eligible students by more than 15 percent, then
    all of such funds shall remain available for making such
    payments but payments may be made under this paragraph only with
    respect to entitlements for that fiscal year.

    ``(i) Treatment of Institutions and Students Under Other Laws.--Any
    institution of higher education which enters into an agreement with the
    Secretary to disburse to students attending that institution the amounts
    those students are eligible to receive under this subpart shall not be
    deemed, by virtue of such agreement, a contractor maintaining a system
    of records to accomplish a function of the Secretary. Recipients of Pell
    Grants shall not be considered to be individual grantees for purposes of
    chapter 81 of title 41, United States Code.
    ``(j) Institutional Ineligibility Based on Default Rates.--
    ``(1) In general.--No institution of higher education shall
    be an eligible institution for purposes of this subpart if such
    institution of higher education is ineligible to participate in
    a loan program under part B or D as a result of a final default
    rate determination made by the Secretary under part B or D after
    the final publication of cohort default rates for fiscal year
    1996 or a succeeding fiscal year.
    ``(2) Sanctions subject to appeal opportunity.--No
    institution may be subject to the terms of this subsection
    unless the institution has had the opportunity to appeal the
    institution's default rate determination under regulations
    issued by the Secretary for the loan program authorized under
    part B or D, as applicable. This subsection shall not apply to
    an institution that was not participating in the loan program
    authorized under part B or D on October 7, 1998, unless the
    institution subsequently participates in the loan programs.''.
    SEC. 704. CONFORMING AMENDMENTS.

    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
    amended--
    (1) by striking ``the expected family contribution'' each
    place the term appears and inserting ``the student aid index'';
    (2) by striking ``expected family contributions'' each place
    the term appears and inserting ``student aid indexes'';

    [[Page 3200]]

    (3) by striking ``an expected family contribution'' each
    place the term appears and inserting ``a student aid index'';
    (4) by striking ``average expected family contribution''
    each place the term appears and inserting ``average student aid
    index'';
    (5) in section 415E(c)(1)(B)(vii), by striking ``automatic
    zero expected family contribution'' and inserting ``automatic
    zero student aid index''; and
    (6) in section 428(a)(2)(B), by striking ``expected family
    contribution'' and inserting ``student aid index''.
    SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA)
    RESTRICTION.

    (a) Repeal.--Section 455(q) of the Higher Education Act of 1965 (20
    U.S.C. 1087e(q)) is repealed.
    (b) <>  Early Effective Date
    Permitted.--Notwithstanding section 701(b) of this Act and section
    455(q) of the Higher Education Act of 1965 (20 U.S.C. 1087e(q)) as in
    effect on the date of enactment of this Act, the Secretary of Education
    may implement the repeal authorized under subsection (a) before (but not
    later than) July 1, 2023. The Secretary shall specify in a designation
    on what date and for which award years the implementation of such repeal
    will be effective prior to July 1, 2023. <>  The Secretary shall publish any designation
    under this paragraph in the Federal Register at least 60 days before
    implementation.
    SEC. 706. <>  FORGIVENESS OF
    HBCU CAPITAL FINANCING LOANS.

    (a) Forgiveness.--Not later than 90 days after the effective date of
    this section, the Secretary of Education shall repay each institution of
    higher education's outstanding balance of principal, interest, fees, and
    costs on the disbursed loan amounts (as of such effective date) under
    each applicable closed loan agreement, including paying any
    reimbursement (including reimbursements of escrow and return of fees and
    deposits) relating to the applicable closed loan agreement that are
    usual and customary when the loan is paid off by the institution.
    (b) Applicable Closed Loan Agreement.--In this section, the term
    ``applicable closed loan agreement'' means each of the following:
    (1) A closed loan agreement executed before the date of
    enactment of this Act and made under part D of title III of the
    Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
    (2) A closed loan agreement executed before the date of
    enactment of this Act and made for deferment balances authorized
    under--
    (A) section 3512 of the CARES Act (20 U.S.C. 1001
    note);
    (B) title III of division A of the Further
    Consolidated Appropriations Act, 2020 (Public Law 116-
    94; 133 Stat. 2586);
    (C) title III of division B of the Department of
    Defense and Labor, Health and Human Services, and
    Education Appropriations Act, 2019 and Continuing
    Appropriations Act, 2019 (Public Law 115-245; 132 Stat.
    3097); or
    (D) title III of division H of the Consolidated
    Appropriations Act, 2018 (Public Law 115-141; 132 Stat.
    741).

    (c) Authorization and Appropriation.--There are authorized to be
    appropriated, and there are appropriated, out of any amounts

    [[Page 3201]]

    in the Treasury not otherwise appropriated, such sums as may be
    necessary to carry out subsection (a).
    (d) Effective Date.--Notwithstanding section 701(b), this section
    shall take effect on the date of enactment of this Act.

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

    SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED
    BY THE SOCIAL SECURITY ADMINISTRATION.

    (a) In General.--Section 205(r) of the Social Security Act (42
    U.S.C. 405(r)) is amended--
    (1) in paragraph (2)--
    (A) by striking ``Each State'' and inserting ``(A)
    Each State'';
    (B) by striking ``may'' and inserting ``shall'';
    (C) by striking ``from amounts available for
    administration of this Act the reasonable costs
    (established by the Commissioner of Social Security in
    consultations with the States) for transcribing and
    transmitting such information to the Commissioner of
    Social Security.'' and inserting ``for the following:
    ``(i) A fee, to be established pursuant to
    subparagraph (B), for the use of such information
    by--
    ``(I) the Commissioner; and
    ``(II) any other agency that
    receives such information from the
    Commissioner and is subject to the
    requirements of subparagraph (3)(A).
    ``(ii) The full documented cost to the State
    of transmitting such information to the
    Commissioner, including the costs of maintaining,
    enhancing, and operating any electronic system
    used solely for transmitting such information to
    the Commissioner.
    ``(B) The fee for the use of such information shall
    be established by the Commissioner of Social Security in
    consultations with the States, and shall include--
    ``(i) a share of the costs to the State
    associated with collecting and maintaining such
    information; ensuring the completeness,
    timeliness, and accuracy of such information; and
    maintaining, enhancing, and operating the
    electronic systems that allow for the transmission
    of such information; and
    ``(ii) a fee for the right to use such
    information.
    ``(C) The Commissioner of Social Security shall not
    use amounts provided for a fiscal year in an
    appropriation Act under the heading `Limitation on
    Administrative Expenses' for the Social Security
    Administration for the amounts under paragraph (3)(A),
    except as the Commissioner determines is necessary on a
    temporary basis and subject to reimbursement under such
    paragraph.'';

    [[Page 3202]]

    (2) in paragraph (3)(A), by striking ``for the reasonable
    cost of carrying out such arrangement, and'' and inserting
    ``for--
    ``(i) the agency's proportional share (as
    determined by the Commissioner in consultation
    with the head of the agency) of--
    ``(I) the payments to States
    required under paragraph (2)(A);
    ``(II) the costs to the Commissioner
    of developing the contracts described in
    paragraph (1); and
    ``(III) the costs to the
    Commissioner of carrying out the study
    required under section 802 of division
    FF of the Consolidated Appropriations
    Act, 2021; and
    ``(ii) the full documented cost to the
    Commissioner of developing such arrangement and
    transmitting such information to the agency;
    and'';
    (3) in paragraph (5)--
    (A) by striking ``such records as may be corrected
    under this section'' and inserting ``all information
    regarding deceased individuals furnished to or
    maintained by the Commissioner under this subsection'';
    and
    (B) by striking ``by Federal and State agencies''
    and inserting ``by a Federal or State agency, provided
    that the requirements of subparagraphs (A) and (B) of
    paragraph (3) are met'';
    (4) by redesignating paragraphs (7) through (9) as
    paragraphs (8) through (10), respectively, and inserting after
    paragraph (6) the following new paragraph:
    ``(7) In the event an individual is incorrectly identified
    as deceased in the records furnished by a State to the
    Commissioner of Social Security under this subsection and the
    individual provides the Commissioner with the necessary
    documentation to correct such identification, the Commissioner
    may--
    ``(A) <>  notify the State of
    the error in the records so furnished; and
    ``(B) inform the individual of the source of the
    incorrect death data.'';
    (5) in paragraph (9)(F), as so redesignated, by striking
    ``the Commission'' and inserting ``the Commissioner'';
    (6) in paragraph (10), as so redesignated--
    (A) by adjusting the left margin so as to align with
    the left margin of paragraph (9); and
    (B) in subparagraph (A)(i), by inserting ``,
    provided that the requirements of subparagraphs (A) and
    (B) of paragraph (3) are met with respect to such
    agreement'' before the semicolon; and
    (7) by adding at the end the following new paragraph:
    ``(11) <>  During the 3-year period that
    begins on the effective date of this paragraph, the Commissioner
    of Social Security shall, to the extent feasible, provide
    information furnished to the Commissioner under paragraph (1) to
    the agency operating the Do Not Pay working system described in
    section 3354(c) of title 31, United States Code, to prevent
    improper payments to deceased individuals through a cooperative
    arrangement with

    [[Page 3203]]

    such agency, provided that the requirements of subparagraphs (A)
    and (B) of paragraph (3) are met with respect to such
    arrangement with such agency.''.

    (b) <>  Effective Dates.--
    (1) In general.--Subject to paragraph (2), the amendments
    made by this section shall take effect on the date of enactment
    of this Act.
    (2) Delay.--The amendment made by paragraph (7) of
    subsection (a) shall take effect on the date that is 3 years
    after the date of enactment of this Act.
    SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS TO
    DEATH DATA.

    (a) <>  Study.--Not later than 180 days
    after the date of enactment of this Act, the Commissioner of Social
    Security shall enter into an agreement with the National Academy of
    Public Administration to conduct an independent study of the current and
    potential sources for, and provision of access to, State-owned death
    data for limited use by Federal agencies and programs for purposes of
    program administration and payment integrity. <>
    Such study shall be performed in consultation with State vital records
    agencies, the National Association for Public Health Statistics and
    Information Systems (NAPHSIS), the Commissioner of Social Security, the
    agency operating the Do Not Pay working system described in section
    3354(c) of title 31, United States Code, and other Federal agencies
    using such death data, as appropriate, and shall include the following:
    (1) <>  Analysis of the following:
    (A) The sources and owners of the death data.
    (B) The timeliness, accuracy, and completeness of
    State-owned death data, including the process for
    correcting inaccuracies .
    (C) Federal and State laws that may affect legal
    access to, and protections for, State-owned death data.
    (D) Federalism and the appropriate roles of the
    relevant Federal and State entities, including States'
    role in recording vital records and the core mission and
    responsibility of any Federal agency involved.
    (E) The costs incurred for each step of the death
    data collection, management, protection (legal and
    otherwise), and transmission processes, and the
    challenges to adequate funding of State vital records
    programs.
    (F) Unmet needs (if any) for these data among
    Federal agencies or programs.
    (G) Options for providing Federal agencies with
    limited access to State-owned death data, including
    Federal agencies contracting directly with States for
    access to such data or distribution of such data via the
    Commissioner of Social Security or another Federal
    agency or program, and corresponding options for
    appropriate reimbursement structures.
    (2) <>  An assessment of the strengths
    and limitations of the options for distribution and
    reimbursement identified in paragraph (1)(G).

    (b) Report.--Upon completion of the study required under subsection
    (a), the Commissioner of Social Security shall transmit the study to the
    Committees on Ways and Means and Oversight

    [[Page 3204]]

    and Reform of the House of Representatives, and the Committees on
    Finance and Homeland Security and Governmental Affairs of the Senate.

    TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION

    SEC. 901. <>
    PERFORMANCE STANDARDS TO PROTECT AGAINST
    PORTABLE FUEL CONTAINER EXPLOSIONS NEAR
    OPEN
    FLAMES OR OTHER IGNITION SOURCES.

    (a) Short Title.--This section may be cited as the ``Portable Fuel
    Container Safety Act of 2020''.
    (b) Standards.--
    (1) <>  Rule on safety performance
    standards required.--Not later than 30 months after the date of
    enactment of this Act, the Consumer Product Safety Commission
    (referred to in this Act as the ``Commission'') shall promulgate
    a final rule to require flame mitigation devices in portable
    fuel containers that impede the propagation of flame into the
    container, except as provided in paragraph (3).
    (2) Rulemaking; consumer product safety standard.--A rule
    under paragraph (1)--
    (A) shall be promulgated in accordance with section
    553 of title 5, United States Code; and
    (B) shall be treated as a consumer product safety
    rule promulgated under section 9 of the Consumer Product
    Safety Act (15 U.S.C. 2058).
    (3) Exception.--
    (A) Voluntary standard.--Paragraph (1) shall not
    apply for a class of portable fuel containers in the
    scope of this Act if the Commission determines at any
    time that--
    (i) there is a voluntary standard for flame
    mitigation devices for those containers that
    impedes the propagation of flame into the
    container;
    (ii) the voluntary standard described in
    clause (i) is or will be in effect not later than
    18 months after the date of enactment of this Act;
    and
    (iii) the voluntary standard described in
    clause (i) is developed by ASTM International or
    such other standard development organization that
    the Commission determines to have met the intent
    of this Act.
    (B) Determination required to be published in the
    federal register.--Any determination made by the
    Commission under this subsection shall be published in
    the Federal Register.
    (4) Treatment of voluntary standard for purpose of
    enforcement.-- <> If the Commission
    determines that a voluntary standard meets the conditions
    described in paragraph (3)(A), the requirements of such
    voluntary standard shall be treated as a consumer product safety
    rule promulgated under section 9 of the Consumer Product Safety
    Act (15 U.S.C. 2058) beginning on the date which is the later
    of--
    (A) 180 days after publication of the Commission's
    determination under paragraph (3); or

    [[Page 3205]]

    (B) the effective date contained in the voluntary
    standard.
    (5) Revision of voluntary standard.--
    (A) Notice to commission.--If the requirements of a
    voluntary standard that meet the conditions of paragraph
    (3) are subsequently revised, the organization that
    revised the standard shall notify the Commission after
    the final approval of the revision.
    (B) <>
    Effective date of revision.--Not later than 180 days
    after the Commission is notified of a revised voluntary
    standard described in subparagraph (A) (or such later
    date as the Commission determines appropriate), such
    revised voluntary standard shall become enforceable as a
    consumer product safety rule promulgated under section 9
    of the Consumer Product Safety Act (15 U.S.C. 2058), in
    place of the prior version, unless within 90 days after
    receiving the notice the Commission determines that the
    revised voluntary standard does not meet the
    requirements described in paragraph (3).
    (6) Future rulemaking.--The Commission, at any time after
    publication of the consumer product safety rule required by
    paragraph (1), a voluntary standard is treated as a consumer
    product safety rule under paragraph (4), or a revision is
    enforceable as a consumer product safety rule under paragraph
    (5) may initiate a rulemaking in accordance with section 553 of
    title 5, United States Code, to modify the requirements or to
    include any additional provision that the Commission determines
    is reasonably necessary to protect the public against flame
    jetting from a portable fuel container. Any rule promulgated
    under this subsection shall be treated as a consumer product
    safety rule promulgated under section 9 of the Consumer Product
    Safety Act (15 U.S.C. 2058).
    (7) Action required.--
    (A) <>  Education campaign.--Not
    later than 1 year after the date of enactment of this
    Act, the Commission shall undertake a campaign to
    educate consumers about the dangers associated with
    using or storing portable fuel containers for flammable
    liquids near an open flame or any other source of
    ignition.
    (B) <>  Summary of
    actions.--Not later than 2 years after the date of
    enactment of this Act, the Commission shall submit to
    Congress a summary of actions taken by the Commission in
    such campaign.
    (8) Portable fuel container defined.--In this Act, the term
    ``portable fuel container'' means any container or vessel
    (including any spout, cap, and other closure mechanism or
    component of such container or vessel or any retrofit or
    aftermarket spout or component intended or reasonably
    anticipated to be for use with such container)--
    (A) intended for flammable liquid fuels with a flash
    point less than 140 degrees Fahrenheit, including
    gasoline, kerosene, diesel, ethanol, methanol, denatured
    alcohol, or biofuels;
    (B) that is a consumer product with a capacity of 5
    gallons or less; and

    [[Page 3206]]

    (C) that the manufacturer knows or reasonably should
    know is used by consumers for transporting, storing, and
    dispensing flammable liquid fuels.
    (9) Rule of construction.--This Act may not be interpreted
    to conflict with the Children's Gasoline Burn Prevention Act
    (Public Law 110-278; 122 Stat. 2602).

    (c) Children's Gasoline Burn Prevention Act.--
    (1) Amendment.--Section 2(c) of the Children's Gasoline Burn
    Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is
    amended by inserting after ``for use by consumers'' the
    following: ``and any receptacle for gasoline, kerosene, or
    diesel fuel, including any spout, cap, and other closure
    mechanism and component of such receptacle or any retrofit or
    aftermarket spout or component intended or reasonably
    anticipated to be for use with such receptacle, produced or
    distributed for sale to or use by consumers for transport of, or
    refueling of internal combustion engines with, gasoline,
    kerosene, or diesel fuel''.
    (2) Applicability.--The amendment made by paragraph (1)
    shall take effect 6 months after the date of enactment of this
    Act.
    SEC. 902. <>  DON'T BREAK UP THE T-BAND.

    (a) Short Title.--This section may be cited as the ``Don't Break Up
    the T-Band Act of 2020''.
    (b) Repeal of Requirement to Reallocate and Auction T-Band
    Spectrum.--
    (1) Repeal.--Section 6103 of the Middle Class Tax Relief and
    Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
    (2) Clerical amendment.--The table of contents in section
    1(b) of such Act is amended by striking the item relating to
    section 6103.

    (c) Clarifying Acceptable 9-1-1 Obligations or Expenditures.--
    Section 6 of the Wireless Communications and Public Safety Act of 1999
    (47 U.S.C. 615a-1) is amended--
    (1) in subsection (f)--
    (A) in paragraph (1), by striking ``as specified in
    the provision of State or local law adopting the fee or
    charge'' and inserting ``consistent with the purposes
    and functions designated in the final rules issued under
    paragraph (3) as purposes and functions for which the
    obligation or expenditure of such a fee or charge is
    acceptable'';
    (B) in paragraph (2), by striking ``any purpose
    other than the purpose for which any such fees or
    charges are specified'' and inserting ``any purpose or
    function other than the purposes and functions
    designated in the final rules issued under paragraph (3)
    as purposes and functions for which the obligation or
    expenditure of any such fees or charges is acceptable'';
    and
    (C) by adding at the end the following:
    ``(3) Acceptable obligations or expenditures.--
    ``(A) <>  Rules required.--In order
    to prevent diversion of 9-1-1 fees or charges, the
    Commission shall, not later than 180 days after the date
    of the enactment of this paragraph, issue final rules
    designating purposes and functions for which the
    obligation or expenditure of 9-1-1 fees

    [[Page 3207]]

    or charges, by any State or taxing jurisdiction
    authorized to impose such a fee or charge, is
    acceptable.
    ``(B) <>  Purposes and
    functions.--The purposes and functions designated under
    subparagraph (A) shall be limited to the support and
    implementation of 9-1-1 services provided by or in the
    State or taxing jurisdiction imposing the fee or charge
    and operational expenses of public safety answering
    points within such State or taxing jurisdiction. In
    designating such purposes and functions, the Commission
    shall consider the purposes and functions that States
    and taxing jurisdictions specify as the intended
    purposes and functions for the 9-1-1 fees or charges of
    such States and taxing jurisdictions, and determine
    whether such purposes and functions directly support
    providing 9-1-1 services.
    ``(C) Consultation required.--The Commission shall
    consult with public safety organizations and States and
    taxing jurisdictions as part of any proceeding under
    this paragraph.
    ``(D) Definitions.--In this paragraph:
    ``(i) 9-1-1 fee or charge.--The term `9-1-1
    fee or charge' means a fee or charge applicable to
    commercial mobile services or IP-enabled voice
    services specifically designated by a State or
    taxing jurisdiction for the support or
    implementation of 9-1-1 services.
    ``(ii) 9-1-1 services.--The term `9-1-1
    services' has the meaning given such term in
    section 158(e) of the National Telecommunications
    and Information Administration Organization Act
    (47 U.S.C. 942(e)).
    ``(iii) State or taxing jurisdiction.--The
    term `State or taxing jurisdiction' means a State,
    political subdivision thereof, Indian Tribe, or
    village or regional corporation serving a region
    established pursuant to the Alaska Native Claims
    Settlement Act (43 U.S.C. 1601 et seq.).
    ``(4) Participation.--If a State or taxing jurisdiction (as
    defined in paragraph (3)(D)) receives a grant under section 158
    of the National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 942) after the date
    of the enactment of this paragraph, such State or taxing
    jurisdiction shall, as a condition of receiving such grant,
    provide the information requested by the Commission to prepare
    the report required by paragraph (2).
    ``(5) Petition regarding additional purposes and
    functions.--
    ``(A) In general.--A State or taxing jurisdiction
    (as defined in paragraph (3)(D)) may submit to the
    Commission a petition for a determination that an
    obligation or expenditure of a 9-1-1 fee or charge (as
    defined in such paragraph) by such State or taxing
    jurisdiction for a purpose or function other than a
    purpose or function designated under paragraph (3)(A)
    should be treated as such a purpose or function. If the
    Commission finds that the State or taxing jurisdiction
    has provided sufficient documentation to make the
    demonstration described in subparagraph (B), the
    Commission shall grant such petition.

    [[Page 3208]]

    ``(B) Demonstration described.--The demonstration
    described in this subparagraph is a demonstration that
    the purpose or function--
    ``(i) supports public safety answering point
    functions or operations; or
    ``(ii) has a direct impact on the ability of a
    public safety answering point to--
    ``(I) receive or respond to 9-1-1
    calls; or
    ``(II) dispatch emergency
    responders.''; and
    (2) by adding at the end the following:

    ``(j) Severability Clause.--If any provision of this section or the
    application thereof to any person or circumstance is held invalid, the
    remainder of this section and the application of such provision to other
    persons or circumstances shall not be affected thereby.''.
    (d) <>  Prohibition on 9-1-1 Fee or
    Charge Diversion.--
    (1) In general.--If the Commission obtains evidence that
    suggests the diversion by a State or taxing jurisdiction of 9-1-
    1 fees or charges, the Commission shall submit such information,
    including any information regarding the impact of any
    underfunding of 9-1-1 services in the State or taxing
    jurisdiction, to the interagency strike force established under
    paragraph (3).
    (2) Report to congress.--Beginning with the first report
    under section 6(f)(2) of the Wireless Communications and Public
    Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is required to
    be submitted after the date that is 1 year after the date of the
    enactment of this Act, the Commission shall include in each
    report required under such section all evidence that suggests
    the diversion by a State or taxing jurisdiction of 9-1-1 fees or
    charges, including any information regarding the impact of any
    underfunding of 9-1-1 services in the State or taxing
    jurisdiction.
    (3) Interagency strike force to end 9-1-1 fee or charge
    diversion.--
    (A) <>  Establishment.--Not later
    than 180 days after the date of the enactment of this
    Act, the Commission shall establish an interagency
    strike force to study how the Federal Government can
    most expeditiously end diversion by a State or taxing
    jurisdiction of 9-1-1 fees or charges. Such interagency
    strike force shall be known as the ``Ending 9-1-1 Fee
    Diversion Now Strike Force'' (in this subsection
    referred to as the ``Strike Force'').
    (B) Duties.--In carrying out the study under
    subparagraph (A), the Strike Force shall--
    (i) determine the effectiveness of any Federal
    laws, including regulations, policies, and
    practices, or budgetary or jurisdictional
    constraints regarding how the Federal Government
    can most expeditiously end diversion by a State or
    taxing jurisdiction of 9-1-1 fees or charges;
    (ii) consider whether criminal penalties would
    further prevent diversion by a State or taxing
    jurisdiction of 9-1-1 fees or charges; and
    (iii) determine the impacts of diversion by a
    State or taxing jurisdiction of 9-1-1 fees or
    charges.

    [[Page 3209]]

    (C) Members.--The Strike Force shall be composed of
    such representatives of Federal departments and agencies
    as the Commission considers appropriate, in addition
    to--
    (i) State attorneys general;
    (ii) States or taxing jurisdictions found not
    to be engaging in diversion of 9-1-1 fees or
    charges;
    (iii) States or taxing jurisdictions trying to
    stop the diversion of 9-1-1 fees or charges;
    (iv) State 9-1-1 administrators;
    (v) public safety organizations;
    (vi) groups representing the public and
    consumers; and
    (vii) groups representing public safety
    answering point professionals.
    (D) <>  Report to congress.--Not
    later than 270 days after the date of the enactment of
    this Act, the Strike Force shall publish on the website
    of the Commission and submit to the Committee on Energy
    and Commerce of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of
    the Senate a report on the findings of the study under
    this paragraph, including--
    (i) <>  any
    recommendations regarding how to most
    expeditiously end the diversion by a State or
    taxing jurisdiction of 9-1-1 fees or charges,
    including actions that can be taken by Federal
    departments and agencies and appropriate changes
    to law or regulations; and
    (ii) a description of what progress, if any,
    relevant Federal departments and agencies have
    made in implementing the recommendations under
    clause (i).
    (4) Failure to comply.--Notwithstanding any other provision
    of law, any State or taxing jurisdiction identified by the
    Commission in the report required under section 6(f)(2) of the
    Wireless Communications and Public Safety Act of 1999 (47 U.S.C.
    615a-1(f)(2)) as engaging in diversion of 9-1-1 fees or charges
    shall be ineligible to participate or send a representative to
    serve on any committee, panel, or council established under
    section 6205(a) of the Middle Class Tax Relief and Job Creation
    Act of 2012 (47 U.S.C. 1425(a)) or any advisory committee
    established by the Commission.

    (e) <>  Rule of Construction.--Nothing in
    this Act, the Wireless Communications and Public Safety Act of 1999
    (Public Law 106-81), or the Communications Act of 1934 (47 U.S.C. 151 et
    seq.) shall be construed to prevent a State or taxing jurisdiction from
    requiring an annual audit of the books and records of a provider of 9-1-
    1 services concerning the collection and remittance of a 9-1-1 fee or
    charge.

    (f) <>  Definitions.--In this Act:
    (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge''
    has the meaning given such term in subparagraph (D) of paragraph
    (3) of section 6(f) of the Wireless Communications and Public
    Safety Act of 1999, as added by this Act.
    (2) 9-1-1 services.--The term ``9-1-1 services'' has the
    meaning given such term in section 158(e) of the National
    Telecommunications and Information Administration Organization
    Act (47 U.S.C. 942(e)).

    [[Page 3210]]

    (3) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (4) Diversion.--The term ``diversion'' means, with respect
    to a 9-1-1 fee or charge, the obligation or expenditure of such
    fee or charge for a purpose or function other than the purposes
    and functions designated in the final rules issued under
    paragraph (3) of section 6(f) of the Wireless Communications and
    Public Safety Act of 1999, as added by this Act, as purposes and
    functions for which the obligation or expenditure of such a fee
    or charge is acceptable.
    (5) State or taxing jurisdiction.--The term ``State or
    taxing jurisdiction'' has the meaning given such term in
    subparagraph (D) of paragraph (3) of section 6(f) of the
    Wireless Communications and Public Safety Act of 1999, as added
    by this Act.
    SEC. 903. <>  OFFICE OF INTERNET
    CONNECTIVITY AND GROWTH.

    (a) Short Title.--This section may be cited as the ``Advancing
    Critical Connectivity Expands Service, Small Business Resources,
    Opportunities, Access, and Data Based on Assessed Need and Demand Act''
    or the ``ACCESS BROADBAND Act''.
    (b) Establishment.--Not later than 180 days after the date of the
    enactment of this Act, the Assistant Secretary shall establish the
    Office of Internet Connectivity and Growth within the National
    Telecommunications and Information Administration.
    (c) Duties.--
    (1) Outreach.--The Office shall--
    (A) connect with communities that need access to
    high-speed internet and improved digital inclusion
    efforts through various forms of outreach and
    communication techniques;
    (B) hold regional workshops across the country to
    share best practices and effective strategies for
    promoting broadband access and adoption;
    (C) develop targeted broadband training and
    presentations for various demographic communities
    through various media;
    (D) develop and distribute publications (including
    toolkits, primers, manuals, and white papers) providing
    guidance, strategies, and insights to communities as the
    communities develop strategies to expand broadband
    access and adoption; and
    (E) as applicable in carrying out subparagraphs (A)
    through (D), coordinate with State agencies that provide
    similar broadband investments, outreach, and
    coordination through Federal programs.
    (2) Tracking of federal dollars.--
    (A) Broadband infrastructure.--The Office shall
    track the construction and use of and access to any
    broadband infrastructure built using any Federal support
    in a central database.
    (B) Accounting mechanism.--The Office shall develop
    a streamlined accounting mechanism by which any agency
    offering a Federal broadband support program and the
    Commission for any Universal Service Fund Program shall
    provide the information described in subparagraph (A) in
    a standardized and efficient fashion.

    [[Page 3211]]

    (C) <>
    Report.--Not later than 1 year after the date of the
    enactment of this Act, and every year thereafter, the
    Office shall make public on the website of the Office
    and submit to the Committee on Energy and Commerce of
    the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate a
    report on the following:
    (i) A description of the work of the Office
    for the previous year and the number of residents
    of the United States that received broadband as
    result of Federal broadband support programs and
    the Universal Service Fund Programs.
    (ii) A description of how many residents of
    the United States were provided broadband by which
    universal service mechanism or which Federal
    broadband support program.
    (iii) <>  An estimate of the
    economic impact of such broadband deployment
    efforts on local economies, including any effect
    on small businesses or jobs.

    (d) Relation to Current Broadband Activities of NTIA.--
    The <>  Assistant Secretary shall assign to the
    Office all activities performed by the National Telecommunications and
    Information Administration as of the date of the enactment of this Act
    that are similar to the activities required to be conducted by the
    Office under this Act.

    (e) Streamlined Applications for Support.--
    (1) <>  Agency consultation.--The
    Office shall consult with any agency offering a Federal
    broadband support program to streamline and standardize the
    applications process for financial assistance or grants for such
    program.
    (2) Agency streamlining.--Any agency offering a Federal
    broadband support program shall amend the applications of the
    agency for broadband support, to the extent practicable and as
    necessary, to streamline and standardize applications for
    Federal broadband support programs across the Government.
    (3) Single application.--To the greatest extent practicable,
    the Office shall seek to create one application that may be
    submitted to apply for all, or substantially all, Federal
    broadband support programs.
    (4) <>  Website required.--Not later than
    180 days after the date of the enactment of this Act, the Office
    shall create a central website through which potential
    applicants can learn about and apply for support through any
    Federal broadband support program.

    (f) Coordination of Support.--
    (1) In general.--To ensure that Federal support for
    broadband deployment is being distributed in an efficient,
    technology-neutral, and financially sustainable manner, and that
    a program does not duplicate any other Federal broadband support
    program or any Universal Service Fund high-cost program--
    (A) any agency that offers a Federal broadband
    support program shall coordinate with the Office
    consistent with the goals described in paragraph (2);
    and
    (B) the Office, with respect to Federal broadband
    support programs, and the Commission, with respect to
    the

    [[Page 3212]]

    Universal Service Fund high-cost programs, shall
    coordinate with each other consistent with the goals
    described in paragraph (2).
    (2) Goals.--The goals of any coordination conducted pursuant
    to this subsection are the following:
    (A) Serving the largest number of unserved locations
    in the United States and ensuring all residents of the
    United States have access to high-speed broadband.
    (B) Promoting the most job and economic growth for
    all residents of the United States.
    (3) <>  Broadband availability maps.--
    The Office and the Commission shall consult the broadband
    availability maps produced by the Commission when coordinating
    under paragraph (1).

    (g) Definitions.--In this Act:
    (1) Agency.--The term ``agency'' has the meaning given that
    term in section 551 of title 5, United States Code.
    (2) Assistant secretary.--The term ``Assistant Secretary''
    means the Assistant Secretary of Commerce for Communications and
    Information.
    (3) Commission.--The term ``Commission'' means the Federal
    Communications Commission.
    (4) Federal broadband support program.--The term ``Federal
    broadband support program'' does not include any Universal
    Service Fund Program and means any of the following programs (or
    any other similar Federal program) to the extent the program
    offers broadband internet service, support for broadband
    deployment, or programs for promoting broadband access and
    adoption for various demographic communities through various
    media for residential, commercial, community providers, or
    academic establishments:
    (A) The Telecommunications and Technology Program of
    the Appalachian Regional Commission.
    (B) The Telecommunications Infrastructure Loan and
    Loan Guarantee Program established under the Rural
    Electrification Act of 1936, the rural broadband access
    program established under title VI of that Act (7 U.S.C.
    950bb et seq.), the initiative under section 306F of
    that Act (7 U.S.C. 936f), the Community Connect Grant
    Program established under section 604 of that Act (7
    U.S.C. 950bb-3), the broadband loan and grant pilot
    program authorized under section 779 of division A of
    the Consolidated Appropriations Act, 2018 (Public Law
    115-141; 132 Stat. 399) (commonly known as the ``Rural
    eConnectivity Pilot Program'' or the ``ReConnect
    Program''), and the Distance Learning and Telemedicine
    Program under chapter 1 of subtitle D of title XXIII of
    the Food, Agriculture, Conservation, and Trade Act of
    1990 (7 U.S.C. 950aaa et seq.).
    (C) Community facility direct and guaranteed loans
    under section 306(a) of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1926(a)), community facility
    grants under paragraph (19), (20), or (21) of section
    306(a) of the Consolidated Farm and Rural Development
    Act (7 U.S.C. 1926(a)), and the Rural Community
    Development Initiative authorized under the heading
    ``Rural Housing Service--Rural Community Facilities
    Program Account'' under title III of division B of the
    Further Consolidated

    [[Page 3213]]

    Appropriations Act, 2020 (Public Law 116-94; 133 Stat.
    2629).
    (D) The Public Works and Economic Adjustment
    Assistance Programs and the Planning and Local Technical
    Assistance Programs of the Economic Development
    Administration of the Department of Commerce.
    (E) The Community Development Block Grants and
    Section 108 Loan Guarantees Programs, the Funds for
    Public Housing Authorities: Capital Fund and Operating
    Fund, the Multifamily Housing Programs, the Indian
    Community Development Block Grant Program, the Indian
    Housing Block Grant Program, the Title VI Loan Guarantee
    Program, the Choice Neighborhoods Program, the HOME
    Investment Partnerships Program, the Housing Trust Fund,
    and the Housing Opportunities for Persons with AIDS
    Program of the Department of Housing and Urban
    Development.
    (F) The American Job Centers of the Employment and
    Training Administration of the Department of Labor.
    (G) The Library Services and Technology Grant
    Programs of the Institute of Museum and Library
    Services.
    (5) Office.--The term ``Office'' means the Office of
    Internet Connectivity and Growth established pursuant to
    subsection (b).
    (6) Universal service fund high-cost programs.--The term
    ``Universal Service Fund high-cost programs'' means--
    (A) the program for Universal Service Support for
    High-Cost Areas set forth under subpart D of part 54 of
    title 47, Code of Federal Regulations, or any successor
    thereto;
    (B) the Rural Digital Opportunity Fund set forth
    under subpart J of part 54 of title 47, Code of Federal
    Regulations, or any successor thereto;
    (C) the Interstate Common Line Support Mechanism for
    Rate-of-Return Carriers set forth under subpart K of
    part 54 of title 47, Code of Federal Regulations, or any
    successor thereto;
    (D) the Mobility Fund and 5G Fund set forth under
    subpart L of part 54 of title 47, Code of Federal
    Regulations, or any successor thereto; and
    (E) the High Cost Loop Support for Rate-of-Return
    Carriers program set forth under subpart M of part 54 of
    title 47, Code of Federal Regulations, or any successor
    thereto.
    (7) Universal service fund program.--The term ``Universal
    Service Fund Program'' means any program authorized under
    section 254 of the Communications Act of 1934 (47 U.S.C. 254) to
    help deploy broadband.
    (8) Universal service mechanism.--The term ``universal
    service mechanism'' means any funding stream provided by a
    Universal Service Fund Program to support broadband access.

    (h) Rule of Construction.--Nothing in this Act is intended to alter
    or amend any provision of section 254 of the Communications Act of 1934
    (47 U.S.C. 254).

    [[Page 3214]]

    SEC. 904. <>
    INTERAGENCY AGREEMENT.

    (a) Short Title.--This section may be cited as the ``Broadband
    Interagency Coordination Act of 2020''.
    (b) Interagency Agreement.--
    (1) Definitions.--In this Act--
    (A) the term ``covered agency'' means--
    (i) the Federal Communications Commission;
    (ii) the Department of Agriculture; and
    (iii) the National Telecommunications and
    Information Administration; and
    (B) the term ``high-cost programs'' means--
    (i) the program for Universal Service Support
    for High-Cost Areas set forth under subpart D of
    part 54 of title 47, Code of Federal Regulations,
    or any successor thereto;
    (ii) the Rural Digital Opportunity Fund set
    forth under subpart J of part 54 of title 47, Code
    of Federal Regulations, or any successor thereto;
    (iii) the Interstate Common Line Support
    Mechanism for Rate-of-Return Carriers set forth
    under subpart K of part 54 of title 47, Code of
    Federal Regulations, or any successor thereto;
    (iv) the Mobility Fund and 5G Fund set forth
    under subpart L of part 54 of title 47, Code of
    Federal Regulations, or any successor thereto; and
    (v) the High Cost Loop Support for Rate-of-
    Return Carriers program set forth under subpart M
    of part 54 of title 47, Code of Federal
    Regulations, or any successor thereto.
    (2) <>  Interagency agreement.--Not later
    than 180 days after the date of enactment of this Act, the heads
    of the covered agencies shall enter into an interagency
    agreement requiring coordination between the covered agencies
    for the distribution of funds for broadband deployment under--
    (A) the high-cost programs;
    (B) the programs administered by the Rural Utilities
    Service of the Department of Agriculture and the
    Department of Agriculture; and
    (C) the programs administered by or coordinated
    through the National Telecommunications and Information
    Administration.
    (3) Requirements.--In entering into an interagency agreement
    with respect to the programs described in paragraph (2), the
    heads of the covered agencies shall--
    (A) require that the covered agencies share
    information with each other about existing or planned
    projects that have received or will receive funds under
    the programs described in paragraph (2) for new
    broadband deployment;
    (B) provide that--
    (i) subject to clause (ii), upon request from
    another covered agency with authority to award or
    authorize any funds for new broadband deployment
    in a project area, a covered agency shall provide
    the other covered agency with any information the
    covered agency possesses regarding, with respect
    to the project area--
    (I) each entity that provides
    broadband service in the area;

    [[Page 3215]]

    (II) levels of broadband service
    provided in the area, including the
    speed of broadband service and the
    technology provided;
    (III) the geographic scope of
    broadband service coverage in the area;
    and
    (IV) each entity that has received
    or will receive funds under the programs
    described in paragraph (2) to provide
    broadband service in the area; and
    (ii) if a covered agency designates any
    information provided to another covered agency
    under clause (i) as confidential, the other
    covered agency shall protect the confidentiality
    of that information;
    (C) consider basing the distribution of funds for
    broadband deployment under the programs described in
    paragraph (2) on standardized data regarding broadband
    coverage; and
    (D) provide that the interagency agreement shall be
    updated periodically, except that the scope of the
    agreement with respect to the Federal Communications
    Commission may not expand beyond the high-cost programs.
    (4) Assessment of agreement.--
    (A) <>  Public comment.--Not later
    than 1 year after entering into the interagency
    agreement required under paragraph (2), the Federal
    Communications Commission shall seek public comment on--
    (i) the effectiveness of the interagency
    agreement in facilitating efficient use of funds
    for broadband deployment;
    (ii) the availability of Tribal, State, and
    local data regarding broadband deployment and the
    inclusion of that data in interagency
    coordination; and
    (iii) modifications to the interagency
    agreement that would improve the efficacy of
    interagency coordination.
    (B) Assessment; report.--Not later than 18 months
    after the date of enactment of this Act, the Federal
    Communications Commission shall--
    (i) <>  review and assess the
    comments received under subparagraph (A); and
    (ii) submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the
    Committee on Energy and Commerce of the House of
    Representatives a report detailing any findings
    and recommendations from the assessment conducted
    under clause (i).
    SEC. 905. <>  REALLOCATION AND AUCTION OF
    3450-3550 MHZ SPECTRUM BAND.

    (a) Short Title.--This section may be cited as the ``Beat China by
    Harnessing Important, National Airwaves for 5G Act of 2020'' or the
    ``Beat CHINA for 5G Act of 2020''.
    (b) Definitions.--In this Act--
    (1) the term ``Commission'' means the Federal Communications
    Commission; and

    [[Page 3216]]

    (2) the term ``covered band'' means the band of
    electromagnetic spectrum between the frequencies of 3450
    megahertz and 3550 megahertz, inclusive.

    (c) Withdrawal or Modification of Federal Government Assignments.--
    The <> President, acting through the Assistant
    Secretary of Commerce for Communications and Information, shall--
    (1) <>  not later than 180 days after
    the date of enactment of this Act, in coordination with relevant
    Federal users, begin the process of withdrawing or modifying the
    assignments to Federal Government stations of the covered band
    as necessary for the Commission to comply with subsection (d);
    and
    (2) not later than 30 days after completing any necessary
    withdrawal or modification under paragraph (1), notify the
    Commission that the withdrawal or modification is complete.

    (d) Reallocation and Auction.--
    (1) In general.--The Commission shall--
    (A) revise the non-Federal allocation for the
    covered band to permit flexible-use services; and
    (B) notwithstanding paragraph (15)(A) of section
    309(j) of the Communications Act of 1934 (47 U.S.C.
    309(j)), not later than December 31, 2021, begin a
    system of competitive bidding under that section to
    grant new initial licenses for the use of a portion or
    all of the covered band, subject to flexible-use service
    rules.
    (2) Exemption from notification requirement.--The first
    sentence of section 113(g)(4)(A) of the National
    Telecommunications and Information Administration Organization
    Act (47 U.S.C. 923(g)(4)(A)) shall not apply with respect to the
    system of competitive bidding required under paragraph (1)(B) of
    this subsection.
    (3) Proceeds to cover 110 percent of federal relocation or
    sharing costs.--Nothing in paragraph (1) shall be construed to
    relieve the Commission from the requirements of section
    309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
    309(j)(16)(B)).

    TITLE X--BANKRUPTCY RELIEF

    SEC. 1001. BANKRUPTCY RELIEF.

    (a) Property of the Estate.--
    (1) In general.--Section 541(b) of title 11, United States
    Code, is amended--
    (A) in paragraph (9), in the matter following
    subparagraph (B), by striking ``or'';
    (B) in paragraph (10)(C), by striking the period at
    the end and inserting ``; or''; and
    (C) by inserting after paragraph (10) the following:
    ``(11) recovery rebates made under section 6428 of the
    Internal Revenue Code of 1986.''.
    (2) <>  Sunset.--Effective on the
    date that is 1 year after the date of enactment of this Act,
    section 541(b) of title 11, United States Code, is amended--
    (A) in paragraph (9), in the matter following
    subparagraph (B), by adding ``or'' at the end;
    (B) in paragraph (10)(C), by striking ``; or'' and
    inserting a period; and

    [[Page 3217]]

    (C) by striking paragraph (11).

    (b) Discharge.--
    (1) In general.--Section 1328 of title 11, United States
    Code, is amended by adding at the end the following:

    ``(i) Subject to subsection (d), after notice and a hearing, the
    court may grant a discharge of debts dischargeable under subsection (a)
    to a debtor who has not completed payments to the trustee or a creditor
    holding a security interest in the principal residence of the debtor
    if--
    ``(1) the debtor defaults on not more than 3 monthly
    payments due on a residential mortgage under section 1322(b)(5)
    on or after March 13, 2020, to the trustee or creditor caused by
    a material financial hardship due, directly or indirectly, by
    the coronavirus disease 2019 (COVID-19) pandemic; or
    ``(2)(A) the plan provides for the curing of a default and
    maintenance of payments on a residential mortgage under section
    1322(b)(5); and
    ``(B) the debtor has entered into a forbearance agreement or
    loan modification agreement with the holder or servicer (as
    defined in section 6(i) of the Real Estate Settlement Procedures
    Act of 1974 (12 U.S.C. 2605(i)) of the mortgage described in
    subparagraph (A).''.
    (2) Sunset.--Effective on the date that is 1 year after the
    date of enactment of this Act, section 1328 of title 11, United
    States Code, is amended <>  by striking
    subsection (i).

    (c) Protection Against Discriminatory Treatment.--
    (1) In general.--Section 525 of title 11, United States
    Code, is amended by adding at the end the following:

    ``(d) A person may not be denied relief under sections 4022 through
    4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) because the person is
    or has been a debtor under this title.''.
    (2) <>  Sunset.--Effective on the
    date that is 1 year after the date of enactment of this Act,
    section 525 of title 11, United States Code, is amended by
    striking subsection (d).

    (d) CARES Forbearance Claims.--
    (1) Filing of proofs of claims or interests.--Section 501 of
    title 11, United States Code, is amended by adding at the end
    the following:

    ``(f)(1) <>  In this subsection--
    ``(A) the term `CARES forbearance claim' means a
    supplemental claim for the amount of a Federally backed mortgage
    loan or a Federally backed multifamily mortgage loan that was
    not received by an eligible creditor during the forbearance
    period of a loan granted forbearance under section 4022 or 4023
    of the CARES Act (15 U.S.C. 9056, 9057);
    ``(B) the term `eligible creditor' means a servicer (as
    defined in section 6(i) of the Real Estate Settlement Procedures
    Act of 1974 (12 U.S.C. 2605(i)) with a claim for a Federally
    backed mortgage loan or a Federally backed multifamily mortgage
    loan of the debtor that is provided for by a plan under section
    1322(b)(5);
    ``(C) the term `Federally backed mortgage loan' has the
    meaning given the term in section 4022(a) of the CARES Act (15
    U.S.C. 9056(a)); and
    ``(D) the term `Federally backed multifamily mortgage loan'
    has the meaning given the term in section 4023(f) of the CARES
    Act (15 U.S.C. 9057(f)).

    [[Page 3218]]

    ``(2)(A) Only an eligible creditor may file a supplemental proof of
    claim for a CARES forbearance claim.
    ``(B) If an underlying mortgage loan obligation has been modified or
    deferred by an agreement of the debtor and an eligible creditor of the
    mortgage loan in connection with a mortgage forbearance granted under
    section 4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057) in order to
    cure mortgage payments forborne under the forbearance, the proof of
    claim filed under subparagraph (A) shall include--
    ``(i) the relevant terms of the modification or deferral;
    ``(ii) for a modification or deferral that is in writing, a
    copy of the modification or deferral; and
    ``(iii) a description of the payments to be deferred until
    the date on which the mortgage loan matures.''.
    (2) Allowance of claims or interests.--Section 502(b)(9) of
    title 11, United States Code, is amended to read as follows:
    ``(9) <>  proof of such claim is not
    timely filed, except to the extent tardily filed as permitted
    under paragraph (1), (2), or (3) of section 726(a) or under the
    Federal Rules of Bankruptcy Procedure, except that--
    ``(A) a claim of a governmental unit shall be timely
    filed if it is filed before 180 days after the date of
    the order for relief or such later time as the Federal
    Rules of Bankruptcy Procedure may provide;
    ``(B) in a case under chapter 13, a claim of a
    governmental unit for a tax with respect to a return
    filed under section 1308 shall be timely if the claim is
    filed on or before the date that is 60 days after the
    date on which such return was filed as required; and
    ``(C) a CARES forbearance claim (as defined in
    section 501(f)(1)) shall be timely filed if the claim is
    filed before the date that is 120 days after the
    expiration of the forbearance period of a loan granted
    forbearance under section 4022 or 4023 of the CARES Act
    (15 U.S.C. 9056, 9057).''.
    (3) <>  Sunset.--Effective on the
    date that is 1 year after the date of enactment of this Act--
    (A) section 501 of title 11, United States Code, is
    amended by striking subsection (f); and
    (B) section 502(b)(9) of title 11, United States
    Code, is amended--
    (i) in subparagraph (A), by adding ``and'' at
    the end;
    (ii) in subparagraph (B), by striking ``;
    and'' and inserting a period; and
    (iii) by striking subparagraph (C).

    (e) Modification of Plan After Confirmation.--
    (1) In general.--Section 1329 of title 11, United States
    Code, is amended by adding at the end the following:

    ``(e)(1) A debtor of a case for which a creditor files a proof of
    claim under section 501(f) may file a request for a modification of the
    plan to provide for the proof of claim.
    ``(2) If the debtor does not file a request for a modification of
    the plan under paragraph (1) on or before the date that is 30 days after
    the date on which a creditor files a claim under section 501(f), after
    notice, the court, on a motion of the court

    [[Page 3219]]

    or on a motion of the United States trustee, the trustee, a bankruptcy
    administrator, or any party in interest, may request a modification of
    the plan to provide for the proof of claim.''.
    (2) <>  Sunset.--Effective on the
    date that is 1 year after the date of enactment of this Act,
    section 1329 of title 11, United States Code, is amended by
    striking subsection (e).

    (f) Executory Contracts and Unexpired Leases.--
    (1) In general.--Section 365(d) of title 11, United States
    Code, is amended--
    (A) in paragraph (3)--
    (i) by inserting ``(A)'' after ``(3)'';
    (ii) by inserting ``, except as provided in
    subparagraph (B)'' after ``such 60-day period'';
    and
    (iii) by adding at the end the following:

    ``(B) <>  In a case under subchapter V of
    chapter 11, the time for performance of an obligation described in
    subparagraph (A) arising under any unexpired lease of nonresidential
    real property may be extended by the court if the debtor is experiencing
    or has experienced a material financial hardship due, directly or
    indirectly, to the coronavirus disease 2019 (COVID-19) pandemic until
    the earlier of--
    ``(i) <>  the date that is 60 days
    after the date of the order for relief, which may be extended by
    the court for an additional period of 60 days if the court
    determines that the debtor is continuing to experience a
    material financial hardship due, directly or indirectly, to the
    coronavirus disease 2019 (COVID-19) pandemic; or
    ``(ii) the date on which the lease is assumed or rejected
    under this section.

    ``(C) An obligation described in subparagraph (A) for which an
    extension is granted under subparagraph (B) shall be treated as an
    administrative expense described in section 507(a)(2) for the purpose of
    section 1191(e).''; and
    (B) in paragraph (4), by striking ``120'' each place
    it appears and inserting ``210''.
    (2) Sunset.--
    (A) In general.--Effective on the date that is 2
    years after the date of enactment of this Act, section
    365(d) of title 11, United States Code, <>  is amended--
    (i) in paragraph (3)--
    (I) by striking ``(A)'' after
    ``(3)'';
    (II) by striking ``, except as
    provided in subparagraph (B)'' after
    ``such 60-day period''; and
    (III) by striking subparagraphs (B)
    and (C); and
    (ii) in paragraph (4), by striking ``210''
    each place it appears and inserting ``120''.
    (B) <>  Subchapter v cases
    filed before sunset.--Notwithstanding the amendments
    made by subparagraph (A), the amendments made by
    paragraph (1) shall apply in any case commenced under
    subchapter V of chapter 11 of title 11, United States
    Code, before the date that is 2 years after the date of
    enactment of this Act.

    (g) Preferences.--
    (1) In general.--Section 547 of title 11, United States
    Code, is amended--

    [[Page 3220]]

    (A) in subsection (b), in the matter preceding
    paragraph (1), by striking ``and (i)'' and inserting ``,
    (i), and (j)''; and
    (B) by adding at the end the following:

    ``(j)(1) <>  In this subsection:
    ``(A) The term `covered payment of rental arrearages' means
    a payment of arrearages that--
    ``(i) is made in connection with an agreement or
    arrangement--
    ``(I) between the debtor and a lessor to defer
    or postpone the payment of rent and other periodic
    charges under a lease of nonresidential real
    property; and
    ``(II) made or entered into on or after March
    13, 2020;
    ``(ii) does not exceed the amount of rental and
    other periodic charges agreed to under the lease of
    nonresidential real property described in clause (i)(I)
    before March 13, 2020; and
    ``(iii) does not include fees, penalties, or
    interest in an amount greater than the amount of fees,
    penalties, or interest--
    ``(I) scheduled to be paid under the lease of
    nonresidential real property described in clause
    (i)(I); or
    ``(II) that the debtor would owe if the debtor
    had made every payment due under the lease of
    nonresidential real property described in clause
    (i)(I) on time and in full before March 13, 2020.
    ``(B) The term `covered payment of supplier arrearages'
    means a payment of arrearages that--
    ``(i) is made in connection with an agreement or
    arrangement--
    ``(I) between the debtor and a supplier of
    goods or services to defer or postpone the payment
    of amounts due under an executory contract for
    goods or services; and
    ``(II) made or entered into on or after March
    13, 2020;
    ``(ii) does not exceed the amount due under the
    executory contract described in clause (i)(I) before
    March 13, 2020; and
    ``(iii) does not include fees, penalties, or
    interest in an amount greater than the amount of fees,
    penalties, or interest--
    ``(I) scheduled to be paid under the executory
    contract described in clause (i)(I); or
    ``(II) that the debtor would owe if the debtor
    had made every payment due under the executory
    contract described in clause (i)(I) on time and in
    full before March 13, 2020.

    ``(2) The trustee may not avoid a transfer under this section for--
    ``(A) a covered payment of rental arrearages; or
    ``(B) a covered payment of supplier arrearages.''.
    (2) Sunset.--
    (A) In general.--Effective on the date that is 2
    years after the date of enactment of this Act, section
    547 of title 11, United States Code, <>  is amended--

    [[Page 3221]]

    (i) in subsection (b), in the matter preceding
    paragraph (1), by striking ``, (i), and (j)'' and
    inserting ``and (i)''; and
    (ii) by striking subsection (j).
    (B) <>  Cases filed before
    sunset.--Notwithstanding the amendments made by
    subparagraph (A), the amendments made by paragraph (1)
    shall apply in any case commenced under title 11, United
    States Code, before the date that is 2 years after the
    date of enactment of this Act.

    (h) Termination of Utility Services.--
    (1) In general.--Section 366 of title 11, United States
    Code, is amended by adding at the end the following:

    ``(d) Notwithstanding any other provision of this section, a utility
    may not alter, refuse, or discontinue service to a debtor who does not
    furnish adequate assurance of payment under this section if the debtor--
    ``(1) is an individual;
    ``(2) makes a payment to the utility for any debt owed to
    the utility for service provided during the 20-day period
    beginning on the date of the order for relief; and
    ``(3) after the date on which the 20-day period beginning on
    the date of the order for relief ends, makes a payment to the
    utility for services provided during the pendency of case when
    such a payment becomes due.''.
    (2) Sunset.--Effective on the date that is 1 year after the
    date of enactment of this Act, section 366 of title 11, United
    States Code, <>  is amended by striking
    subsection (d).

    (i) Customs Duties.--
    (1) In general.--Section 507(d) of title 11, United States
    Code, is amended--
    (A) by striking ``, (a)(8)'';
    (B) by inserting ``or subparagraphs (A) through (E)
    and (G) of subsection (a)(8)'' after ``(a)(9)''; and
    (C) inserting ``or subparagraph'' after ``such
    subsection''.
    (2) Sunset.--Effective on the date that is 1 year after the
    date of enactment of this Act, section 507(d) of title 11,
    United States Code, <>  is amended--
    (A) by inserting ``, (a)(8)'' before ``, or
    (a)(9)'';
    (B) by striking ``or subparagraphs (A) through (E)
    and (G) of subsection (a)(8)''; and
    (C) by striking ``or subparagraph'' after ``such
    subsection''.

    TITLE XI--WESTERN WATER AND INDIAN AFFAIRS

    SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.

    Section 9603 of the Omnibus Public Land Management Act of 2009 (43
    U.S.C. 510b) is amended by adding at the end the following:
    ``(d) Aging Infrastructure Account.--
    ``(1) Establishment.--There is established in the general
    fund of the Treasury a special account, to be known as the
    `Aging Infrastructure Account' (referred to in this subsection
    as the `Account'), to provide funds to, and provide for the

    [[Page 3222]]

    extended repayment of the funds by, a transferred works
    operating entity or project beneficiary responsible for
    repayment of reimbursable costs for the conduct of extraordinary
    operation and maintenance work at a project facility, which
    shall consist of--
    ``(A) any amounts that are specifically appropriated
    to the Account under section 9605; and
    ``(B) any amounts deposited in the Account under
    paragraph (3)(B).
    ``(2) Expenditures.--Subject to paragraphs (3) and (6), the
    Secretary may expend amounts in the Account to fund and provide
    for extended repayment of the funds for eligible projects
    identified in a report submitted under paragraph (5)(B).
    ``(3) Repayment contract.--
    ``(A) In general.--The Secretary may not expend
    amounts under paragraph (2) with respect to an eligible
    project described in that paragraph unless the
    transferred works operating entity or project
    beneficiary responsible for repayment of reimbursable
    costs has entered into a contract to repay the amounts
    under subsection (b)(2).
    ``(B) Deposit of repaid funds.--Amounts repaid by a
    transferred works operating entity or project
    beneficiary responsible for repayment of reimbursable
    costs receiving funds under a repayment contract entered
    into under this subsection shall be deposited in the
    Account and shall be available to the Secretary for
    expenditure, subject to paragraph (6), in accordance
    with this subsection, and without further appropriation.
    ``(4) Application for funding.--
    ``(A) <>  In
    general.--Beginning with fiscal year 2022, not less than
    once per fiscal year, the Secretary shall accept, during
    an application period established by the Secretary,
    applications from transferred works operating entities
    or project beneficiaries responsible for payment of
    reimbursable costs for funds and extended repayment for
    eligible projects.
    ``(B) Eligible project.--A project eligible for
    funding and extended repayment under this subsection is
    a project that--
    ``(i) qualifies as an extraordinary operation
    and maintenance work under this section;
    ``(ii) is for the major, non-recurring
    maintenance of a mission-critical asset; and
    ``(iii) is not eligible to be carried out or
    funded under the repayment provisions of section
    4(c) of the Reclamation Safety of Dams Act of 1978
    (43 U.S.C. 508(c)).
    ``(C) <>  Guidelines for
    applications.--Not later than 60 days after the date of
    enactment of this subsection, the Secretary shall issue
    guidelines describing the information required to be
    provided in an application for funds and extended
    repayment under this subsection that require, at a
    minimum--
    ``(i) a description of the project for which
    the funds are requested;
    ``(ii) the amount of funds requested;

    [[Page 3223]]

    ``(iii) the repayment period requested by the
    transferred works operating entity or project
    beneficiary responsible for repayment of
    reimbursable costs;
    ``(iv) alternative non-Federal funding options
    that have been evaluated;
    ``(v) the financial justification for
    requesting an extended repayment period; and
    ``(vi) the financial records of the
    transferred works operating entity or project
    beneficiary responsible for repayment of
    reimbursable costs.
    ``(D) <>  Review by the
    secretary.--The Secretary shall review each application
    submitted under subparagraph (A)--
    ``(i) to determine whether the project is
    eligible for funds and an extended repayment
    period under this subsection;
    ``(ii) to determine if the project has been
    identified by the Bureau of Reclamation as part of
    the major rehabilitation and replacement of a
    project facility; and
    ``(iii) <>  to conduct a
    financial analysis of--
    ``(I) the project; and
    ``(II) repayment capability of the
    transferred works operating entity or
    project beneficiary responsible for
    repayment of reimbursable costs.
    ``(5) Report.--Not later than 90 days after the date on
    which an application period closes under paragraph (4)(A), the
    Secretary shall submit to the Committees on Energy and Natural
    Resources and Appropriations of the Senate and the Committees on
    Natural Resources and Appropriations of the House of
    Representatives a report that--
    ``(A) describes the results of the Secretary's
    review of each application under paragraph (4)(D),
    including a determination of whether the project is
    eligible;
    ``(B) identifies each project eligible for funds and
    extended repayment under this subsection;
    ``(C) with respect to each eligible project
    identified under subparagraph (B), includes--
    ``(i) a description of--
    ``(I) the eligible project;
    ``(II) the anticipated cost and
    duration of the eligible project;
    ``(III) any remaining engineering or
    environmental compliance that is
    required before the eligible project
    commences;
    ``(IV) <>
    any recommendations the Secretary may
    have concerning the plan or design of
    the project; and
    ``(V) any conditions the Secretary
    may require for construction of the
    project;
    ``(ii) an analysis of--
    ``(I) the repayment period proposed
    in the application; and
    ``(II) <>
    if the Secretary recommends a minimum
    necessary repayment period that is
    different than the repayment period
    proposed in the application,

    [[Page 3224]]

    the minimum necessary repayment period
    recommended by the Secretary; and
    ``(iii) <>  an analysis of
    alternative non-Federal funding options;
    ``(D) describes the allocation of funds from
    deposits into the Account under paragraph (3)(B); and
    ``(E) describes the balance of funds in the Account
    as of the date of the report.
    ``(6) Alternative allocation.--
    ``(A) In general.--Appropriations Acts may provide
    for alternate allocation of amounts reported pursuant to
    paragraph (5)(D) that are made available under this
    subsection.
    ``(B) Allocation by secretary.--
    ``(i) No alternate allocations.--If Congress
    has not enacted legislation establishing alternate
    allocations by the date on which the Act making
    full-year appropriations for energy and water
    development and related agencies for the
    applicable fiscal year is enacted into law,
    amounts made available under paragraph (1) shall
    be allocated by the Secretary.
    ``(ii) Insufficient alternate allocations.--If
    Congress enacts legislation establishing alternate
    allocations for amounts made available under
    paragraph (1) that are less than the full amount
    appropriated under that paragraph, the difference
    between the amount appropriated and the alternate
    allocation shall be allocated by the Secretary.
    ``(7) Effect of subsection.--Nothing in this subsection
    affects--
    ``(A) any funding provided, or contracts entered
    into, under subsection (a) before the date of enactment
    of this subsection; or
    ``(B) the use of funds otherwise made available to
    the Secretary to carry out subsection (a).''.
    SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.

    (a) Purposes.--The purposes of this section are--
    (1) to achieve a fair, equitable, and final settlement of
    all claims to water rights in the State of Utah for--
    (A) the Navajo Nation; and
    (B) the United States, for the benefit of the
    Nation;
    (2) to authorize, ratify, and confirm the agreement entered
    into by the Nation and the State, to the extent that the
    agreement is consistent with this section;
    (3) to authorize and direct the Secretary--
    (A) to execute the agreement; and
    (B) to take any actions necessary to carry out the
    agreement in accordance with this section; and
    (4) to authorize funds necessary for the implementation of
    the agreement and this section.

    (b) Definitions.--In this section:
    (1) Agreement.--The term ``agreement'' means--
    (A) the document entitled ``Navajo Utah Water Rights
    Settlement Agreement'' dated December 14, 2015, and the
    exhibits attached thereto; and

    [[Page 3225]]

    (B) any amendment or exhibit to the document or
    exhibits referenced in subparagraph (A) to make the
    document or exhibits consistent with this section.
    (2) Allotment.--The term ``allotment'' means a parcel of
    land--
    (A) granted out of the public domain that is--
    (i) located within the exterior boundaries of
    the Reservation; or
    (ii) Bureau of Indian Affairs parcel number
    792 634511 in San Juan County, Utah, consisting of
    160 acres located in Township 41S, Range 20E,
    sections 11, 12, and 14, originally set aside by
    the United States for the benefit of an individual
    identified in the allotting document as a Navajo
    Indian; and
    (B) held in trust by the United States--
    (i) for the benefit of an individual,
    individuals, or an Indian Tribe other than the
    Navajo Nation; or
    (ii) in part for the benefit of the Navajo
    Nation as of the enforceability date.
    (3) Allottee.--The term ``allottee'' means an individual or
    Indian Tribe with a beneficial interest in an allotment held in
    trust by the United States.
    (4) Enforceability date.--The term ``enforceability date''
    means the date on which the Secretary publishes in the Federal
    Register the statement of findings described in subsection
    (g)(1).
    (5) General stream adjudication.--The term ``general stream
    adjudication'' means the adjudication pending, as of the date of
    enactment of this Act, in the Seventh Judicial District in and
    for Grand County, State of Utah, commonly known as the
    ``Southeastern Colorado River General Adjudication'', Civil No.
    810704477, conducted pursuant to State law.
    (6) Injury to water rights.--The term ``injury to water
    rights'' means an interference with, diminution of, or
    deprivation of water rights under Federal or State law,
    excluding injuries to water quality.
    (7) Member.--The term ``member'' means any person who is a
    duly enrolled member of the Navajo Nation.
    (8) Navajo nation or nation.--The term ``Navajo Nation'' or
    ``Nation'' means a body politic and federally recognized Indian
    nation, as published on the list established under section
    104(a) of the Federally Recognized Indian Tribe List Act of 1994
    (25 U.S.C. 5131(a)), also known variously as the ``Navajo
    Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'',
    and the ``Navajo Nation of Indians'' and other similar names,
    and includes all bands of Navajo Indians and chapters of the
    Navajo Nation and all divisions, agencies, officers, and agents
    thereof.
    (9) Navajo water development projects.--The term ``Navajo
    water development projects'' means projects for domestic
    municipal water supply, including distribution infrastructure,
    and agricultural water conservation, to be constructed, in whole
    or in part, using monies from the Navajo Water Development
    Projects Account.
    (10) Navajo water rights.--The term ``Navajo water rights''
    means the Nation's water rights in Utah described in the
    agreement and this section.

    [[Page 3226]]

    (11) OM&R.--The term ``OM&R'' means operation, maintenance,
    and replacement.
    (12) Parties.--The term ``parties'' means the Navajo Nation,
    the State, and the United States.
    (13) Reservation.--The term ``Reservation'' means, for
    purposes of the agreement and this section, the Reservation of
    the Navajo Nation in Utah as in existence on the date of
    enactment of this Act and depicted on the map attached to the
    agreement as Exhibit A, including any parcel of land granted out
    of the public domain and held in trust by the United States
    entirely for the benefit of the Navajo Nation as of the
    enforceability date.
    (14) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior or a duly authorized representative thereof.
    (15) State.--The term ``State'' means the State of Utah and
    all officers, agents, departments, and political subdivisions
    thereof.
    (16) United states.--The term ``United States'' means the
    United States of America and all departments, agencies, bureaus,
    officers, and agents thereof.
    (17) United states acting in its trust capacity.--The term
    ``United States acting in its trust capacity'' means the United
    States acting for the benefit of the Navajo Nation or for the
    benefit of allottees.

    (c) Ratification of Agreement.--
    (1) Approval by congress.--Except to the extent that any
    provision of the agreement conflicts with this section, Congress
    approves, ratifies, and confirms the agreement (including any
    amendments to the agreement that are executed to make the
    agreement consistent with this section).
    (2) Execution by secretary.--The Secretary is authorized and
    directed to promptly execute the agreement to the extent that
    the agreement does not conflict with this section, including--
    (A) any exhibits to the agreement requiring the
    signature of the Secretary; and
    (B) any amendments to the agreement necessary to
    make the agreement consistent with this section.
    (3) Environmental compliance.--
    (A) In general.--In implementing the agreement and
    this section, the Secretary shall comply with all
    applicable provisions of--
    (i) the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.);
    (ii) the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.); and
    (iii) all other applicable environmental laws
    and regulations.
    (B) Execution of the agreement.--Execution of the
    agreement by the Secretary as provided for in this
    section shall not constitute a major Federal action
    under the National Environmental Policy Act of 1969 (42
    U.S.C. 4321 et seq.).

    (d) Navajo Water Rights.--
    (1) Confirmation of navajo water rights.--

    [[Page 3227]]

    (A) Quantification.--The Navajo Nation shall have
    the right to use water from water sources located within
    Utah and adjacent to or encompassed within the
    boundaries of the Reservation resulting in depletions
    not to exceed 81,500 acre-feet annually as described in
    the agreement and as confirmed in the decree entered by
    the general stream adjudication court.
    (B) Satisfaction of allottee rights.--Depletions
    resulting from the use of water on an allotment shall be
    accounted for as a depletion by the Navajo Nation for
    purposes of depletion accounting under the agreement,
    including recognition of--
    (i) any water use existing on an allotment as
    of the date of enactment of this Act and as
    subsequently reflected in the hydrographic survey
    report referenced in subsection (f)(2);
    (ii) reasonable domestic and stock water uses
    put into use on an allotment; and
    (iii) any allotment water rights that may be
    decreed in the general stream adjudication or
    other appropriate forum.
    (C) Satisfaction of on-reservation state law-based
    water rights.--Depletions resulting from the use of
    water on the Reservation pursuant to State law-based
    water rights existing as of the date of enactment of
    this Act shall be accounted for as depletions by the
    Navajo Nation for purposes of depletion accounting under
    the agreement.
    (D) In general.--The Navajo water rights are
    ratified, confirmed, and declared to be valid.
    (E) Use.--Any use of the Navajo water rights shall
    be subject to the terms and conditions of the agreement
    and this section.
    (F) Conflict.--In the event of a conflict between
    the agreement and this section, the provisions of this
    section shall control.
    (2) Trust status of navajo water rights.--The Navajo water
    rights--
    (A) shall be held in trust by the United States for
    the use and benefit of the Nation in accordance with the
    agreement and this section; and
    (B) shall not be subject to forfeiture or
    abandonment.
    (3) Authority of the nation.--
    (A) In general.--The Nation shall have the authority
    to allocate, distribute, and lease the Navajo water
    rights for any use on the Reservation in accordance with
    the agreement, this section, and applicable Tribal and
    Federal law.
    (B) Off-reservation use.--The Nation may allocate,
    distribute, and lease the Navajo water rights for off-
    Reservation use in accordance with the agreement,
    subject to the approval of the Secretary.
    (C) Allottee water rights.--The Nation shall not
    object in the general stream adjudication or other
    applicable forum to the quantification of reasonable
    domestic and stock water uses on an allotment, and shall

    [[Page 3228]]

    administer any water use on the Reservation in
    accordance with applicable Federal law, including
    recognition of--
    (i) any water use existing on an allotment as
    of the date of enactment of this Act and as
    subsequently reflected in the hydrographic survey
    report referenced in subsection (f)(2);
    (ii) reasonable domestic and stock water uses
    on an allotment; and
    (iii) any allotment water rights decreed in
    the general stream adjudication or other
    appropriate forum.
    (4) Effect.--Except as otherwise expressly provided in this
    subsection, nothing in this section--
    (A) authorizes any action by the Nation against the
    United States under Federal, State, Tribal, or local
    law; or
    (B) alters or affects the status of any action
    brought pursuant to section 1491(a) of title 28, United
    States Code.

    (e) Navajo Trust Accounts.--
    (1) Establishment.--The Secretary shall establish a trust
    fund, to be known as the ``Navajo Utah Settlement Trust Fund''
    (referred to in this section as the ``Trust Fund''), to be
    managed, invested, and distributed by the Secretary and to
    remain available until expended, consisting of the amounts
    deposited in the Trust Fund under paragraph (3), together with
    any interest earned on those amounts, for the purpose of
    carrying out this section.
    (2) Accounts.--The Secretary shall establish in the Trust
    Fund the following Accounts (referred to in this subsection as
    the ``Trust Fund Accounts''):
    (A) The Navajo Water Development Projects Account.
    (B) The Navajo OM&R Account.
    (3) Deposits.--The Secretary shall deposit in the Trust Fund
    Accounts--
    (A) in the Navajo Water Development Projects
    Account, the amounts made available pursuant to
    subsection (f)(1)(A); and
    (B) in the Navajo OM&R Account, the amount made
    available pursuant to subsection (f)(1)(B).
    (4) Management and interest.--
    (A) Management.--Upon receipt and deposit of the
    funds into the Trust Fund Accounts, the Secretary shall
    manage, invest, and distribute all amounts in the Trust
    Fund in a manner that is consistent with the investment
    authority of the Secretary under--
    (i) the first section of the Act of June 24,
    1938 (25 U.S.C. 162a);
    (ii) the American Indian Trust Fund Management
    Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
    (iii) this subsection.
    (B) Investment earnings.--In addition to the
    deposits under paragraph (3), any investment earnings,
    including interest, credited to amounts held in the
    Trust Fund are authorized to be appropriated to be used
    in accordance with the uses described in paragraph (8).
    (5) Availability of amounts.--Amounts appropriated to, and
    deposited in, the Trust Fund, including any investment earnings,
    shall be made available to the Nation by the Secretary

    [[Page 3229]]

    beginning on the enforceability date and subject to the uses and
    restrictions set forth in this subsection.
    (6) Withdrawals.--
    (A) Withdrawals under the american indian trust fund
    management reform act of 1994.--The Nation may withdraw
    any portion of the funds in the Trust Fund on approval
    by the Secretary of a tribal management plan submitted
    by the Nation in accordance with the American Indian
    Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001
    et seq.).
    (i) Requirements.--In addition to the
    requirements under the American Indian Trust Fund
    Management Reform Act of 1994 (25 U.S.C. 4001 et
    seq.), the tribal management plan under this
    subparagraph shall require that the Nation shall
    spend all amounts withdrawn from the Trust Fund
    and any investment earnings accrued through the
    investments under the Tribal management plan in
    accordance with this section.
    (ii) <>  Enforcement.--
    The Secretary may carry out such judicial and
    administrative actions as the Secretary determines
    to be necessary to enforce the Tribal management
    plan to ensure that amounts withdrawn by the
    Nation from the Trust Fund under this subparagraph
    are used in accordance with this section.
    (B) Withdrawals under expenditure plan.--The Nation
    may submit to the Secretary a request to withdraw funds
    from the Trust Fund pursuant to an approved expenditure
    plan.
    (i) Requirements.--To be eligible to withdraw
    funds under an expenditure plan under this
    subparagraph, the Nation shall submit to the
    Secretary for approval an expenditure plan for any
    portion of the Trust Fund that the Nation elects
    to withdraw pursuant to this subparagraph, subject
    to the condition that the funds shall be used for
    the purposes described in this section.
    (ii) Inclusions.--An expenditure plan under
    this subparagraph shall include a description of
    the manner and purpose for which the amounts
    proposed to be withdrawn from the Trust Fund will
    be used by the Nation, in accordance with
    paragraphs (3) and (8).
    (iii) <>  Approval.--On
    receipt of an expenditure plan under this
    subparagraph, the Secretary shall approve the
    plan, if the Secretary determines that the plan--
    (I) is reasonable;
    (II) is consistent with, and will be
    used for, the purposes of this section;
    and
    (III) contains a schedule which
    describes that tasks will be completed
    within 18 months of receipt of withdrawn
    amounts.
    (iv) <>  Enforcement.--
    The Secretary may carry out such judicial and
    administrative actions as the Secretary determines
    to be necessary to enforce an expenditure plan to
    ensure that amounts disbursed under this
    subparagraph are used in accordance with this
    section.

    [[Page 3230]]

    (7) Effect of title.--Nothing in this section gives the
    Nation the right to judicial review of a determination of the
    Secretary regarding whether to approve a Tribal management plan
    or an expenditure plan except under subchapter II of chapter 5,
    and chapter 7, of title 5, United States Code (commonly known as
    the ``Administrative Procedure Act'').
    (8) Uses.--Amounts from the Trust Fund shall be used by the
    Nation for the following purposes:
    (A) The Navajo Water Development Projects Account
    shall be used to plan, design, and construct the Navajo
    water development projects and for the conduct of
    related activities, including to comply with Federal
    environmental laws.
    (B) The Navajo OM&R Account shall be used for the
    operation, maintenance, and replacement of the Navajo
    water development projects.
    (9) Liability.--The Secretary and the Secretary of the
    Treasury shall not be liable for the expenditure or investment
    of any amounts withdrawn from the Trust Fund by the Nation under
    paragraph (6).
    (10) No per capita distributions.--No portion of the Trust
    Fund shall be distributed on a per capita basis to any member of
    the Nation.
    (11) Expenditure reports.--The Navajo Nation shall submit to
    the Secretary annually an expenditure report describing
    accomplishments and amounts spent from use of withdrawals under
    a Tribal management plan or an expenditure plan as described in
    this section.

    (f) Authorization of Appropriations.--
    (1) Authorization.--There are authorized to be appropriated
    to the Secretary--
    (A) for deposit in the Navajo Water Development
    Projects Account of the Trust Fund established under
    subsection (e)(2)(A), $198,300,000, which funds shall be
    retained until expended, withdrawn, or reverted to the
    general fund of the Treasury; and
    (B) for deposit in the Navajo OM&R Account of the
    Trust Fund established under subsection (e)(2)(B),
    $11,100,000, which funds shall be retained until
    expended, withdrawn, or reverted to the general fund of
    the Treasury.
    (2) Implementation costs.--There is authorized to be
    appropriated non-trust funds in the amount of $1,000,000 to
    assist the United States with costs associated with the
    implementation of this section, including the preparation of a
    hydrographic survey of historic and existing water uses on the
    Reservation and on allotments.
    (3) State cost share.--The State shall contribute $8,000,000
    payable to the Secretary for deposit into the Navajo Water
    Development Projects Account of the Trust Fund established under
    subsection (e)(2)(A) in installments in each of the 3 years
    following the execution of the agreement by the Secretary as
    provided for in subsection (c)(2).
    (4) Fluctuation in costs.--The amount authorized to be
    appropriated under paragraph (1) shall be increased or
    decreased, as appropriate, by such amounts as may be justified
    by reason of ordinary fluctuations in costs occurring after the

    [[Page 3231]]

    date of enactment of this Act as indicated by the Bureau of
    Reclamation Construction Cost Index--Composite Trend.
    (A) Repetition.--The adjustment process under this
    paragraph shall be repeated for each subsequent amount
    appropriated until the amount authorized, as adjusted,
    has been appropriated.
    (B) Period of indexing.--The period of indexing
    adjustment for any increment of funding shall end on the
    date on which funds are deposited into the Trust Fund.

    (g) Conditions Precedent.--
    (1) <>  In general.--The waivers and releases contained
    in subsection (h) shall become effective as of the date the
    Secretary causes to be published in the Federal Register a
    statement of findings that--
    (A) to the extent that the agreement conflicts with
    this section, the agreement has been revised to conform
    with this section;
    (B) the agreement, so revised, including waivers and
    releases of claims set forth in subsection (h), has been
    executed by the parties, including the United States;
    (C) Congress has fully appropriated, or the
    Secretary has provided from other authorized sources,
    all funds authorized under subsection (f)(1);
    (D) the State has enacted any necessary legislation
    and provided the funding required under the agreement
    and subsection (f)(3); and
    (E) the court has entered a final or interlocutory
    decree that--
    (i) confirms the Navajo water rights
    consistent with the agreement and this section;
    and
    (ii) with respect to the Navajo water rights,
    is final and nonappealable.
    (2) Expiration date.--If all the conditions precedent
    described in paragraph (1) have not been fulfilled to allow the
    Secretary's statement of findings to be published in the Federal
    Register by October 31, 2030--
    (A) the agreement and this section, including
    waivers and releases of claims described in those
    documents, shall no longer be effective;
    (B) any funds that have been appropriated pursuant
    to subsection (f) but not expended, including any
    investment earnings on funds that have been appropriated
    pursuant to such subsection, shall immediately revert to
    the general fund of the Treasury; and
    (C) any funds contributed by the State pursuant to
    subsection (f)(3) but not expended shall be returned
    immediately to the State.
    (3) Extension.--The expiration date set forth in paragraph
    (2) may be extended if the Navajo Nation, the State, and the
    United States (acting through the Secretary) agree that an
    extension is reasonably necessary.

    (h) Waivers and Releases.--
    (1) In general.--
    (A) Waiver and release of claims by the nation and
    the united states acting in its capacity as trustee for
    the nation.--Subject to the retention of rights set
    forth in paragraph (3), in return for confirmation of
    the

    [[Page 3232]]

    Navajo water rights and other benefits set forth in the
    agreement and this section, the Nation, on behalf of
    itself and the members of the Nation (other than members
    in their capacity as allottees), and the United States,
    acting as trustee for the Nation and members of the
    Nation (other than members in their capacity as
    allottees), are authorized and directed to execute a
    waiver and release of--
    (i) all claims for water rights within Utah
    based on any and all legal theories that the
    Navajo Nation or the United States acting in its
    trust capacity for the Nation, asserted, or could
    have asserted, at any time in any proceeding,
    including to the general stream adjudication, up
    to and including the enforceability date, except
    to the extent that such rights are recognized in
    the agreement and this section; and
    (ii) all claims for damages, losses, or
    injuries to water rights or claims of interference
    with, diversion, or taking of water rights
    (including claims for injury to lands resulting
    from such damages, losses, injuries, interference
    with, diversion, or taking of water rights) within
    Utah against the State, or any person, entity,
    corporation, or municipality, that accrued at any
    time up to and including the enforceability date.
    (2) Claims by the navajo nation against the united states.--
    The Navajo Nation, on behalf of itself (including in its
    capacity as allottee) and its members (other than members in
    their capacity as allottees), shall execute a waiver and release
    of--
    (A) all claims the Navajo Nation may have against
    the United States relating in any manner to claims for
    water rights in, or water of, Utah that the United
    States acting in its trust capacity for the Nation
    asserted, or could have asserted, in any proceeding,
    including the general stream adjudication;
    (B) all claims the Navajo Nation may have against
    the United States relating in any manner to damages,
    losses, or injuries to water, water rights, land, or
    other resources due to loss of water or water rights
    (including damages, losses, or injuries to hunting,
    fishing, gathering, or cultural rights due to loss of
    water or water rights; claims relating to interference
    with, diversion, or taking of water; or claims relating
    to failure to protect, acquire, replace, or develop
    water or water rights) within Utah that first accrued at
    any time up to and including the enforceability date;
    (C) all claims the Nation may have against the
    United States relating in any manner to the litigation
    of claims relating to the Nation's water rights in
    proceedings in Utah; and
    (D) all claims the Nation may have against the
    United States relating in any manner to the negotiation,
    execution, or adoption of the agreement or this section.
    (3) Reservation of rights and retention of claims by the
    navajo nation and the united states.--Notwithstanding the
    waivers and releases authorized in this section, the Navajo
    Nation, and the United States acting in its trust capacity for
    the Nation, retain--

    [[Page 3233]]

    (A) all claims for injuries to and the enforcement
    of the agreement and the final or interlocutory decree
    entered in the general stream adjudication, through such
    legal and equitable remedies as may be available in the
    decree court or the Federal District Court for the
    District of Utah;
    (B) all rights to use and protect water rights
    acquired after the enforceability date;
    (C) all claims relating to activities affecting the
    quality of water, including any claims under the
    Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980 (42 U.S.C. 9601 et seq.)
    (including claims for damages to natural resources), the
    Safe Drinking Water Act (42 U.S.C. 300f et seq.), and
    the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.), the regulations implementing those Acts, and
    the common law;
    (D) all claims for water rights, and claims for
    injury to water rights, in States other than the State
    of Utah;
    (E) all claims, including environmental claims,
    under any laws (including regulations and common law)
    relating to human health, safety, or the environment;
    and
    (F) all rights, remedies, privileges, immunities,
    and powers not specifically waived and released pursuant
    to the agreement and this section.
    (4) Effect.--Nothing in the agreement or this section--
    (A) affects the ability of the United States acting
    in its sovereign capacity to take actions authorized by
    law, including any laws relating to health, safety, or
    the environment, including the Comprehensive
    Environmental Response, Compensation, and Liability Act
    of 1980 (42 U.S.C. 9601 et seq.), the Safe Drinking
    Water Act (42 U.S.C. 300f et seq.), the Federal Water
    Pollution Control Act (33 U.S.C. 1251 et seq.), the
    Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and
    the regulations implementing those laws;
    (B) affects the ability of the United States to take
    actions in its capacity as trustee for any other Indian
    Tribe or allottee;
    (C) confers jurisdiction on any State court to--
    (i) <>  interpret
    Federal law regarding health, safety, or the
    environment or determine the duties of the United
    States or other parties pursuant to such Federal
    law; and
    (ii) conduct judicial review of Federal agency
    action; or
    (D) modifies, conflicts with, preempts, or otherwise
    affects--
    (i) the Boulder Canyon Project Act (43 U.S.C.
    617 et seq.);
    (ii) the Boulder Canyon Project Adjustment Act
    (43 U.S.C. 618 et seq.);
    (iii) the Act of April 11, 1956 (commonly
    known as the ``Colorado River Storage Project
    Act'') (43 U.S.C. 620 et seq.);
    (iv) the Colorado River Basin Project Act (43
    U.S.C. 1501 et seq.);
    (v) the Treaty between the United States of
    America and Mexico respecting utilization of
    waters

    [[Page 3234]]

    of the Colorado and Tijuana Rivers and of the Rio
    Grande, signed at Washington February 3, 1944 (59
    Stat. 1219);
    (vi) the Colorado River Compact of 1922, as
    approved by the Presidential Proclamation of June
    25, 1929 (46 Stat. 3000); and
    (vii) the Upper Colorado River Basin Compact
    as consented to by the Act of April 6, 1949 (63
    Stat. 31, chapter 48).
    (5) Tolling of claims.--
    (A) In general.--Each applicable period of
    limitation and time-based equitable defense relating to
    a claim waived by the Navajo Nation described in this
    subsection shall be tolled for the period beginning on
    the date of enactment of this Act and ending on the
    enforceability date.
    (B) Effect of paragraph.--Nothing in this paragraph
    revives any claim or tolls any period of limitation or
    time-based equitable defense that expired before the
    date of enactment of this Act.
    (C) Limitation.--Nothing in this subsection
    precludes the tolling of any period of limitations or
    any time-based equitable defense under any other
    applicable law.

    (i) Miscellaneous Provisions.--
    (1) Precedent.--Nothing in this section establishes any
    standard for the quantification or litigation of Federal
    reserved water rights or any other Indian water claims of any
    other Indian Tribe in any other judicial or administrative
    proceeding.
    (2) Other indian tribes.--Nothing in the agreement or this
    section shall be construed in any way to quantify or otherwise
    adversely affect the water rights, claims, or entitlements to
    water of any Indian Tribe, band, or community, other than the
    Navajo Nation.

    (j) Relation to Allottees.--
    (1) No effect on claims of allottees.--Nothing in this
    section or the agreement shall affect the rights or claims of
    allottees, or the United States, acting in its capacity as
    trustee for or on behalf of allottees, for water rights or
    damages related to lands allotted by the United States to
    allottees, except as provided in subsection (d)(1)(B).
    (2) Relationship of decree to allottees.--Allottees, or the
    United States, acting in its capacity as trustee for allottees,
    are not bound by any decree entered in the general stream
    adjudication confirming the Navajo water rights and shall not be
    precluded from making claims to water rights in the general
    stream adjudication. Allottees, or the United States, acting in
    its capacity as trustee for allottees, may make claims and such
    claims may be adjudicated as individual water rights in the
    general stream adjudication.

    (k) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this
    section (including any obligation or activity under the agreement) if
    adequate appropriations are not provided expressly by Congress to carry
    out the purposes of this section.

    [[Page 3235]]

    SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.

    (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt
    Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is
    amended--
    (1) by redesignating paragraphs (1) through (23) as
    paragraphs (2) through (24), respectively; and
    (2) by inserting before paragraph (2) (as so redesignated)
    the following:
    ``(1) 611(g) agreement.--The term `611(g) Agreement' means
    the agreement dated September 17, 2019, executed by the United
    States, the State, the Pueblos, the County, and the City
    pursuant to section 611(g).''.

    (b) Final Project Design.--Section 611(b) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the
    matter preceding paragraph (1), by striking ``within 90 days of'' and
    inserting ``as soon as feasible after''.
    (c) Construction Costs for Pueblo Water Facilities.--Section 611(f)
    of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
    3138) is amended--
    (1) in paragraph (1)--
    (A) in subparagraph (A), by striking ``
    $106,400,000'' and inserting `` $243,400,000''; and
    (B) by striking subparagraph (B) and inserting the
    following:
    ``(B) Exception.--Of the amount described in
    subparagraph (A)--
    ``(i) the initial $106,400,000 shall be
    increased or decreased, as appropriate, based on
    ordinary fluctuations in construction costs since
    October 1, 2006, as determined using applicable
    engineering cost indices; and
    ``(ii) any amounts made available in excess of
    the amount described in clause (i) shall be
    increased or decreased, as appropriate, based on
    ordinary fluctuations in construction costs since
    October 1, 2018, as determined using applicable
    engineering cost indices.''; and
    (2) in paragraph (3), by inserting ``and the 611(g)
    Agreement'' after ``the Cost-Sharing and System Integration
    Agreement''.

    (d) Funding for Regional Water System.--Section 617(a)(1)(B) of the
    Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147) is
    amended--
    (1) by striking the period at the end and inserting ``;
    and'';
    (2) by striking ``section 616 $50,000,000'' and inserting
    the following: ``section 616--
    ``(i) $50,000,000''; and
    (3) by adding at the end the following:
    ``(ii) subject to the availability of
    appropriations and in addition to the amounts made
    available under clause (i), $137,000,000, as
    adjusted under paragraph (4), for the period of
    fiscal years 2021 through 2028.''.

    (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by
    striking ``since October 1, 2006, as determined using applicable
    engineering cost indices'' and inserting ``pursuant to section
    611(f)(1)(B)''.

    [[Page 3236]]

    (f) Execution of Agreement Under Section 611(g).--Section 621 of the
    Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3149) is
    amended by striking subsections (a) and (b) and inserting the following:
    ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Settlement Agreement, the Cost-Sharing
    and System Integration Agreement, and the 611(g) Agreement (including
    any amendments to the Settlement Agreement, the Cost-Sharing and System
    Integration Agreement, and the 611(g) Agreement that are executed to
    make the Settlement Agreement, the Cost-Sharing and System Integration
    Agreement, or the 611(g) Agreement consistent with this title) are
    authorized, ratified, and confirmed.
    ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Secretary shall execute the Settlement
    Agreement, the Cost-Sharing and System Integration Agreement, and the
    611(g) Agreement (including any amendments that are necessary to make
    the Settlement Agreement, the Cost-Sharing and System Integration
    Agreement, or the 611(g) Agreement consistent with this title).''.
    (g) Requirements for Determination of Substantial Completion of the
    Regional Water System.--Section 623(e) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
    (1) by striking paragraph (1) and inserting the following:
    ``(1) Criteria for substantial completion of regional water
    system.--Subject to the provisions of section 611(d) concerning
    the extent, size, and capacity of the County Distribution
    System, the Regional Water System shall be determined to be
    substantially completed if--
    ``(A) the infrastructure has been constructed
    capable of--
    ``(i) diverting, treating, transmitting, and
    distributing a supply of 2,500 acre-feet of water
    to the Pueblos consistent with the Engineering
    Report (as amended by the 611(g) Agreement and the
    Operating Agreement); and
    ``(ii) diverting, treating, and transmitting
    the quantity of water specified in the Engineering
    Report to the County Distribution System and
    consistent with the Engineering Report (as amended
    by the 611(g) Agreement and the Operating
    Agreement); or
    ``(B) the Secretary--
    ``(i) issues a notice to proceed authorizing
    the commencement of Phase I construction of the
    Regional Water System by December 31, 2019, and
    subsequently commences construction of the
    Regional Water System;
    ``(ii) diligently proceeds to construct the
    Regional Water System in accordance with the
    Engineering Report (as amended by the 611(g)
    Agreement), on a schedule for completion by June
    30, 2028;
    ``(iii) expends all of the available funding
    provided to construct the Regional Water System
    under section 611(f)(1)(A), in the Cost-Sharing
    and System Integration Agreement, and in the
    611(g) Agreement;

    [[Page 3237]]

    ``(iv) complies with the terms of the 611(g)
    Agreement; and
    ``(v) despite diligent efforts cannot complete
    construction of the Regional Water System as
    described in the final Engineering Report (as
    amended by the 611(g) Agreement), due solely to
    the lack of additional authorized funding.'';
    (2) in paragraph (2)--
    (A) by striking ``2021'' and inserting ``2025''; and
    (B) by striking ``2024'' and inserting ``2028'';
    (3) in paragraph (3), in the matter preceding subparagraph
    (A), by striking ``2021'' and inserting ``2025'';
    (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and
    inserting ``2027''; and
    (5) in paragraph (5)(A), by striking ``2024'' and inserting
    ``2028''.
    SEC. 1104. KICKAPOO TRIBE.

    (a) Definition of Upper Delaware and Tributaries Watershed Plan.--In
    this section, the term ``Upper Delaware and Tributaries Watershed Plan''
    means the plan described in the document entitled ``Watershed Plan and
    Environmental Impact Statement Upper Delaware and Tributaries Watershed
    Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', dated January
    1994, and supplemented in June 1994--
    (1) developed, pursuant to the Watershed Protection and
    Flood Prevention Act (16 U.S.C. 1001 et seq.)--
    (A) by the Kickapoo Tribe, certain watershed and
    conservation districts in the State of Kansas, and the
    Department of Wildlife and Parks of the State of Kansas;
    and
    (B) with the cooperation and technical assistance of
    the Natural Resources Conservation Service; and
    (2) described in the report of the Committee on Environment
    and Public Works of the Senate (Senate Report 105-13; April 22,
    1997).

    (b) <>  Study; Recommendations.--To support the
    purposes of achieving a fair, equitable, and final settlement of claims
    to water rights for the Kickapoo Tribe in the State of Kansas, the
    Secretary of Agriculture (acting through the Chief of the Natural
    Resources Conservation Service), in consultation with the Secretary of
    the Interior (acting through the Director of the Secretary's Indian
    Water Rights Office), shall--
    (1) commence a study of the multipurpose dam described in
    the Upper Delaware and Tributaries Watershed Plan; and
    (2) <>  not later than 2
    years after the date of enactment of this Act, make
    recommendations to Congress with respect to the material
    alterations or changes to the Upper Delaware and Tributaries
    Watershed Plan that are necessary to effectuate, in part, the
    Tribal water rights agreed to by the Kickapoo Tribe and the
    State of Kansas on September 9, 2016, in the Kickapoo Tribe
    Water Rights Settlement Agreement, which otherwise remains
    subject to approval and authorization by Congress.
    SEC. 1105. <>  AQUIFER RECHARGE FLEXIBILITY.

    (a) Short Title.--This section may be cited as the ``Aquifer
    Recharge Flexibility Act''.
    (b) Definitions.--In this Act:

    [[Page 3238]]

    (1) Bureau.--The term ``Bureau'' means the Bureau of
    Reclamation.
    (2) Commissioner.--The term ``Commissioner'' means the
    Commissioner of Reclamation.
    (3) Eligible land.--The term ``eligible land'', with respect
    to a Reclamation project, means land that--
    (A) is authorized to receive water under State law;
    and
    (B) shares an aquifer with land located in the
    service area of the Reclamation project.
    (4) Net water storage benefit.--The term ``net water storage
    benefit'' means an increase in the volume of water that is--
    (A) stored in 1 or more aquifers; and
    (B)(i) available for use within the authorized
    service area of a Reclamation project; or
    (ii) stored on a long-term basis to avoid or reduce
    groundwater overdraft.
    (5) Reclamation facility.--The term ``Reclamation facility''
    means each of the infrastructure assets that are owned by the
    Bureau at a Reclamation project.
    (6) Reclamation project.--The term ``Reclamation project''
    means any reclamation or irrigation project, including
    incidental features thereof, authorized by Federal reclamation
    law or the Act of August 11, 1939 (commonly known as the ``Water
    Conservation and Utilization Act'') (53 Stat. 1418, chapter 717;
    16 U.S.C. 590y et seq.), or constructed by the United States
    pursuant to such law, or in connection with which there is a
    repayment or water service contract executed by the United
    States pursuant to such law, or any project constructed by the
    Secretary through the Bureau for the reclamation of land.

    (c) Flexibility to Allow Greater Aquifer Recharge in Western
    States.--
    (1) Use of reclamation facilities.--
    (A) In general.--The Commissioner may allow the use
    of excess capacity in Reclamation facilities for aquifer
    recharge of non-Reclamation project water, subject to
    applicable rates, charges, and public participation
    requirements, on the condition that--
    (i) the use--
    (I) shall not be implemented in a
    manner that is detrimental to--
    (aa) any power service or
    water contract for the
    Reclamation project; or
    (bb) any obligations for
    fish, wildlife, or water quality
    protection applicable to the
    Reclamation project;
    (II) shall be consistent with water
    quality guidelines for the Reclamation
    project;
    (III) shall comply with all
    applicable--
    (aa) Federal laws; and
    (bb) policies of the Bureau;
    and
    (IV) shall comply with all
    applicable State laws and policies; and
    (ii) the non-Federal party to an existing
    contract for water or water capacity in a
    Reclamation facility

    [[Page 3239]]

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

    [[Page 3240]]

    (3) Conveyance for aquifer recharge purposes.--The holder of
    a right-of-way, easement, permit, or other authorization to
    transport water across public land administered by the Bureau of
    Land Management may transport water for aquifer recharge
    purposes without requiring additional authorization from the
    Secretary where the use does not expand or modify the operation
    of the right-of-way, easement, permit, or other authorization
    across public land.
    (4) Effect.--Nothing in this Act creates, impairs, alters,
    or supersedes a Federal or State water right.
    (5) Exemption.--This Act shall not apply to the State of
    California.
    (6) Advisory group.--The Secretary may participate in any
    State-led collaborative, multi-stakeholder advisory group
    created in any watershed the purpose of which is to monitor,
    review, and assess aquifer recharge activities.
    SEC. 1106. WATERSMART EXTENSION AND EXPANSION.

    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
    Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
    (1) in the matter preceding paragraph (1), by striking
    ``section'' and inserting ``subtitle'';
    (2) by striking paragraph (7) and inserting the following:
    ``(7) Eligible applicant.--The term `eligible applicant'
    means--
    ``(A) any State, Indian tribe, irrigation district,
    or water district;
    ``(B) any State, regional, or local authority, the
    members of which include 1 or more organizations with
    water or power delivery authority;
    ``(C) any other organization with water or power
    delivery authority; and
    ``(D) any nonprofit conservation organization, if--
    ``(i) the nonprofit conservation organization
    is acting in partnership with and with the
    agreement of an entity described in subparagraph
    (A), (B), or (C); or
    ``(ii) in the case of an application for a
    project to improve the condition of a natural
    feature or nature-based feature on Federal land,
    the entities described in subparagraph (A), (B),
    or (C) from the applicable service area have been
    notified of the project application and there is
    no written objection to the project.'';
    (3) in paragraph (10), by striking ``450b'' and inserting
    ``5304'';
    (4) by redesignating paragraphs (13) through (17) as
    paragraphs (15) through (19), respectively; and
    (5) by inserting after paragraph (12) the following:
    ``(13) Natural feature.--The term `natural feature' means a
    feature that is created through the action of physical,
    geological, biological, and chemical processes over time.
    ``(14) Nature-based feature.--The term `nature-based
    feature' means a feature that is created by human design,
    engineering, and construction to provide a means to reduce water
    supply and demand imbalances or drought or flood risk by acting
    in concert with natural processes.''.

    [[Page 3241]]

    (b) Grants and Cooperative Agreements.--Section 9504(a) of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is
    amended--
    (1) in paragraph (1)--
    (A) in the matter preceding subparagraph (A), by
    inserting ``or carrying out any activity'' after ``any
    improvement'';
    (B) by redesignating subparagraphs (F), (G), and (H)
    as subparagraphs (G), (H), and (J), respectively;
    (C) by inserting after subparagraph (E) the
    following:
    ``(F) to assist States and water users in complying
    with interstate compacts or reducing basin water supply-
    demand imbalances;'';
    (D) in subparagraph (G) (as so redesignated), by
    striking ``to prevent'' and inserting ``to achieve the
    prevention of'';
    (E) in subparagraph (H) (as so redesignated)--
    (i) by striking ``to accelerate'' and
    inserting ``to achieve the acceleration of''; and
    (ii) by striking ``or'' at the end;
    (F) by inserting after subparagraph (H) (as so
    redesignated) the following:
    ``(I) to improve the condition of a natural feature;
    or''; and
    (G) in subparagraph (J) (as so redesignated)--
    (i) in clause (i), by striking ``or'' at the
    end;
    (ii) in clause (ii), by striking the period at
    the end and inserting ``; or''; and
    (iii) by adding at the end the following:
    ``(iii) to plan for or address the impacts of
    drought.'';
    (2) in paragraph (2)--
    (A) in subparagraph (A)--
    (i) in clause (ii), by striking ``or'';
    (ii) in clause (iii), by striking ``and'' and
    inserting ``or''; and
    (iii) by adding at the end the following:
    ``(iv) the Commonwealth of Puerto Rico; and'';
    and
    (B) by striking subparagraph (B) and inserting the
    following:
    ``(B) submit to the Secretary an application that
    includes--
    ``(i) a proposal of the improvement or
    activity to be planned, designed, constructed, or
    implemented by the eligible applicant; and
    ``(ii) for a project that is intended to have
    a quantifiable water savings and would receive a
    grant of $500,000 or more--
    ``(I) a proposal for a monitoring
    plan of at least 5 years that would
    demonstrate ways in which the proposed
    improvement or activity would result in
    improved streamflows or aquatic habitat;
    or
    ``(II) for a project that does not
    anticipate improved streamflows or
    aquatic habitat, an analysis of ways in
    which the proposed improvement

    [[Page 3242]]

    or activity would contribute to 1 or
    more of the other objectives described
    in paragraph (1).'';
    (3) in paragraph (3)(E), by striking clause (i) and
    inserting the following:
    ``(i) Federal share.--
    ``(I) In general.--Except as
    provided in subclause (II), the Federal
    share of the cost of any infrastructure
    improvement or activity that is the
    subject of a grant or other agreement
    entered into between the Secretary and
    an eligible applicant under paragraph
    (1) shall not exceed 50 percent of the
    cost of the infrastructure improvement
    or activity.
    ``(II) Increased federal share for
    certain infrastructure improvements and
    activities.--The Federal share of the
    cost of an infrastructure improvement or
    activity shall not exceed 75 percent of
    the cost of the infrastructure
    improvement or activity, if--
    ``(aa) the infrastructure
    improvement or activity was
    developed as part of a
    collaborative process by--
    ``(AA) a watershed group
    (as defined in section
    6001); or
    ``(BB) a water user and
    1 or more stakeholders with
    diverse interests; and

    ``(bb) <>
    the majority of the benefits of
    the infrastructure improvement
    or activity, as determined by
    the Secretary, are for the
    purpose of advancing 1 or more
    components of an established
    strategy or plan to increase the
    reliability of water supply for
    consumptive and nonconsumptive
    ecological values.''; and
    (4) by adding at the end the following:
    ``(4) Priority.--In providing grants to, and entering into
    agreements for, projects intended to have a quantifiable water
    savings under this subsection, the Secretary shall give priority
    to projects that enhance drought resilience by benefitting the
    water supply and ecosystem.''.

    (c) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
    Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
    (1) in the matter preceding subparagraph (A), by striking
    ``or organization with water or power delivery authority'' and
    inserting ``or eligible applicant'';
    (2) in subparagraph (B), by striking ``or'' at the end;
    (3) by redesignating subparagraph (C) as subparagraph (D);
    and
    (4) by inserting after subparagraph (B) the following:
    ``(C) to restore a natural feature or use a nature-
    based feature to reduce water supply and demand
    imbalances or the risk of drought or flood; or''.

    (d) Authorization of Appropriations.--Section 9504(e) of the Omnibus
    Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by
    striking `` $530,000,000'' and inserting `` $700,000,000, subject to the
    condition that $50,000,000 of that amount shall be used to carry out
    section 206 of the Energy and

    [[Page 3243]]

    Water Development and Related Agencies Appropriations Act, 2015 (43
    U.S.C. 620 note; Public Law 113-235)''.
    (e) Conforming Amendment.--Section 4009(d) of Public Law 114-322 (42
    U.S.C. 10364 note) is amended by striking ``on the condition that of
    that amount, $50,000,000 of it is used to carry out section 206 of the
    Energy and Water Development and Related Agencies Appropriations Act,
    2015 (43 U.S.C. 620 note; Public Law 113-235)''.
    SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    (a) Definitions.--Section 6001 of the Omnibus Public Land Management
    Act of 2009 (16 U.S.C. 1015) is amended--
    (1) by redesignating paragraphs (2) through (6) as
    paragraphs (3) through (7), respectively;
    (2) by inserting after paragraph (1) the following:
    ``(2) Disadvantaged community.--The term `disadvantaged
    community' means a community (including a city, town, county, or
    reasonably isolated and divisible segment of a larger
    municipality) with an annual median household income that is
    less than 100 percent of the statewide annual median household
    income for the State in which the community is located,
    according to the most recent decennial census.'';
    (3) in paragraph (6)(B)(i) (as so redesignated)--
    (A) in subclause (VIII), by striking ``and'' at the
    end;
    (B) in subclause (IX), by adding ``and'' after the
    semicolon at the end; and
    (C) by adding at the end the following:
    ``(X) disadvantaged communities;''; and
    (4) in paragraph (7)(C) (as so redesignated), by inserting
    ``, including benefits to fisheries, wildlife, or habitat''
    after ``river or stream''.

    (b) Application.--Section 6002 of the Omnibus Public Lands
    Management Act (16 U.S.C. 1015a) is amended--
    (1) by striking subsection (b) and inserting the following:

    ``(b) <>  Establishment of Application
    Process; Criteria.--Not later than September 30, 2021, the Secretary
    shall update--
    ``(1) the application process for the program; and
    ``(2) <>  in consultation with the
    States, the prioritization and eligibility criteria for
    considering applications submitted in accordance with the
    application process.''; and
    (2) in subsection (g), by striking ``2020'' and inserting
    ``2026''.
    SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION PROJECT,
    COLORADO.

    Section 9105(b) of the Omnibus Public Land Management Act of 2009
    (Public Law 111-11; 123 Stat. 1303) is amended--
    (1) in paragraph (1)--
    (A) by striking ``requirement'' and inserting ``and
    cost-sharing requirements''; and
    (B) by inserting ``, which shall be not more than 65
    percent of that total cost'' before the period at the
    end;
    (2) in paragraph (3)--
    (A) in the paragraph heading, by striking
    ``requirement'' and inserting ``and cost-sharing
    requirements'';
    (B) in subparagraph (A), in the matter preceding
    clause (i), by striking ``The Secretary shall recover
    from the District as reimbursable expenses'' and
    inserting ``Subject to

    [[Page 3244]]

    subparagraph (C), the District shall be liable under
    this subsection for an amount equal to'';
    (C) in subparagraph (B), in the matter preceding
    clause (i), by striking ``Secretary shall recover
    reimbursable expenses'' and inserting ``District shall
    pay the Project costs for which the District is
    liable''; and
    (D) by striking subparagraph (C) and inserting the
    following:
    ``(C) <>  Credit.--In
    determining the exact amount for which the District is
    liable under this paragraph, the Secretary shall--
    ``(i) <>  review and approve
    all final costs associated with the completion of
    the Project; and
    ``(ii) credit the district for all amounts
    paid by the District for engineering work and
    improvements directly associated with the Project,
    whether before, on, or after the date of enactment
    of this Act.''; and
    (3) in paragraph (7), by striking `` $8,250,000.'' and
    inserting the following: ``the lesser of--
    ``(A) not more than 65 percent of the total cost of
    carrying out the Project; and
    ``(B) $5,350,000.''.
    SEC. 1109. <>  AQUATIC ECOSYSTEM RESTORATION.

    (a) Definition of Eligible Entity.--In this section, the term
    ``eligible entity'' means--
    (1) any State, Indian Tribe, irrigation district, or water
    district;
    (2) any State, regional, or local authority, the members of
    which include 1 or more organizations with water or power
    delivery authority;
    (3) any other entity or organization that owns a facility
    that is eligible for upgrade, modification or removal under this
    section;
    (4) any nonprofit conservation organization, acting in
    partnership with any entity listed in paragraphs (1) through
    (3), with respect to a project involving land or infrastructure
    owned by the entity; and
    (5) an agency established under State law for the joint
    exercise of powers or a combination of entities described in
    paragraphs (1) through (4).

    (b) <>  General Authority.--
    (1) <>  In general.--Subject to the
    requirements of this section and paragraph (2), on request of
    any eligible entity the Secretary may negotiate and enter into
    an agreement on behalf of the United States to fund the design,
    study, and construction of an aquatic ecosystem restoration and
    protection project in a Reclamation State if the Secretary
    determines that the project is likely to improve the health of
    fisheries, wildlife or aquatic habitat, including through
    habitat restoration and improved fish passage via the removal or
    bypass of barriers to fish passage.
    (2) Exception.--With respect to an aquatic ecosystem
    restoration and protection project under this section that
    removes a dam or modifies a dam in a manner that reduces storage
    or diversion capacity, the Secretary may only negotiate and
    enter into an agreement to fund--

    [[Page 3245]]

    (A) the design or study of such project if the
    Secretary has received consent from the owner of the
    applicable dam; or
    (B) the construction of such project if the
    Secretary--
    (i) identifies any eligible entity that
    receives water or power from the facility that is
    under consideration for removal or modification at
    the time of the request;
    (ii) notifies each eligible entity identified
    in clause (i) that the dam removal or modification
    project has been requested; and
    (iii) <>  does not
    receive, by the date that is 120 days after the
    date on which all eligible entities have been
    notified under clause (ii), written objection from
    1 or more eligible entities that collectively
    receive \1/3\ or more of the water or power
    delivered from the facility that is under
    consideration for removal or modification at the
    time of the request.

    (c) Requirements.--
    (1) In general.--The Secretary shall accept and consider
    public comment prior to initiating design, study or development
    of a project under this section.
    (2) Preconditions.--Construction of a project under this
    section shall be a voluntary project initiated only after--
    (A) an eligible entity has entered into an agreement
    with the Secretary to pay no less than 35 percent of the
    costs of project construction;
    (B) an eligible entity has entered an agreement to
    pay 100 percent of any operation, maintenance, and
    replacement and rehabilitation costs with respect to the
    project;
    (C) <>  the Secretary
    determines the proposed project--
    (i) will not result in an unmitigated adverse
    impact on fulfillment of existing water delivery
    obligations consistent with historical operations
    and applicable contracts;
    (ii) will not result in an unmitigated adverse
    effect on the environment;
    (iii) is consistent with the responsibilities
    of the Secretary--
    (I) in the role as trustee for
    federally recognized Indian Tribes; and
    (II) to ensure compliance with any
    applicable international and Tribal
    treaties and agreements and interstate
    compacts and agreements;
    (iv) is in the financial interest of the
    United States based on a determination that the
    project advances Federal objectives including
    environmental enhancement objectives in a
    Reclamation State; and
    (v) complies with all applicable Federal and
    State law, including environmental laws; and
    (D) the Secretary has complied with all applicable
    environmental laws, including--
    (i) the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.);
    (ii) the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.); and
    (iii) subtitle III of title 54, United States
    Code.

    [[Page 3246]]

    (d) Funding.--There is authorized to be appropriated to carry out
    this section $15,000,000 for each of fiscal years 2022 through 2026, to
    remain available until expended.
    (e) Effects.--
    (1) In general.--Nothing in this section supersedes or
    limits any existing authority provided, or responsibility
    conferred, by any provision of law.
    (2) Effect on state water law.--Nothing in this section
    preempts or affects any--
    (A) State water law; or
    (B) interstate compact governing water.

    (f) Compliance Required.--The Secretary shall comply with applicable
    State water laws in carrying out this section.
    (g) Priority for Projects Providing Regional Benefits and Assistance
    for Aging Assets.--When funding projects under this section, the
    Secretary shall prioritize projects that--
    (1) are jointly developed and supported by a diverse array
    of stakeholders including representatives of irrigated
    agricultural production, hydroelectric production, potable water
    purveyors and industrial water users, Indian Tribes, commercial
    fishing interests, and nonprofit conservation organizations;
    (2) affect water resources management in 2 or more river
    basins while providing regional benefits not limited to
    fisheries restoration;
    (3) are a component of a broader strategy or plan to replace
    aging facilities with 1 or more alternate facilities providing
    similar benefits; and
    (4) contribute to the restoration of anadromous fish species
    listed under the Endangered Species Act of 1973 (16 U.S.C. 1531
    et seq.).
    SEC. 1110. <>  CLEAN
    WATER FOR RURAL COMMUNITIES.

    (a) Short Title.--This section may be cited as the ``Clean Water for
    Rural Communities Act''.
    (b) Purpose.--The purpose of this Act is to ensure a safe and
    adequate municipal, rural, and industrial water supply for the citizens
    of--
    (1) Dawson, Garfield, McCone, Prairie, Richland, Judith
    Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and
    Musselshell Counties in the State of Montana; and
    (2) McKenzie County, North Dakota.

    (c) Definitions.--In this Act:
    (1) Authority.--The term ``Authority'' means--
    (A) the Central Montana Regional Water Authority, a
    publicly owned nonprofit water authority formed in
    accordance with Mont. Code Ann. Sec. 75-6-302 (2007);
    and
    (B) any nonprofit successor entity to the Authority
    described in subparagraph (A).
    (2) Musselshell-judith rural water system.--The term
    ``Musselshell-Judith Rural Water System'' means the Musselshell-
    Judith Rural Water System authorized under subsection (d)(1),
    with a project service area that includes--
    (A) Judith Basin, Wheatland, Golden Valley, and
    Musselshell Counties in the State;
    (B) the portion of Yellowstone County in the State
    within 2 miles of State Highway 3 and within 4 miles

    [[Page 3247]]

    of the county line between Golden Valley and Yellowstone
    Counties in the State, inclusive of the Town of
    Broadview, Montana; and
    (C) the portion of Fergus County in the State within
    2 miles of U.S. Highway 87 and within 4 miles of the
    county line between Fergus and Judith Basin Counties in
    the State, inclusive of the Town of Moore, Montana.
    (3) State.--The term ``State'' means the State of Montana.

    (d) Musselshell-Judith Rural Water System.--
    (1) Authorization.--The Secretary may carry out the
    planning, design, and construction of the Musselshell-Judith
    Rural Water System in a manner that is substantially in
    accordance with the feasibility report entitled ``Musselshell-
    Judith Rural Water System Feasibility Report'' (including any
    and all revisions of the report).
    (2) Cooperative agreement.--The Secretary shall enter into a
    cooperative agreement with the Authority to provide Federal
    assistance for the planning, design, and construction of the
    Musselshell-Judith Rural Water System.
    (3) Cost-sharing requirement.--
    (A) Federal share.--
    (i) In general.--The Federal share of the
    costs relating to the planning, design, and
    construction of the Musselshell-Judith Rural Water
    System shall not exceed 65 percent of the total
    cost of the Musselshell-Judith Rural Water System.
    (ii) Limitation.--Amounts made available under
    clause (i) shall not be returnable or reimbursable
    under the reclamation laws.
    (B) Use of federal funds.--
    (i) General uses.--Subject to clause (ii), the
    Musselshell-Judith Rural Water System may use
    Federal funds made available to carry out this
    subsection for--
    (I) facilities relating to--
    (aa) water pumping;
    (bb) water treatment;
    (cc) water storage;
    (dd) water supply wells;
    (ee) distribution pipelines;
    and
    (ff) control systems;
    (II) transmission pipelines;
    (III) pumping stations;
    (IV) appurtenant buildings,
    maintenance equipment, and access roads;
    (V) any interconnection facility
    that connects a pipeline of the
    Musselshell-Judith Rural Water System to
    a pipeline of a public water system;
    (VI) electrical power transmission
    and distribution facilities required for
    the operation and maintenance of the
    Musselshell-Judith Rural Water System;
    (VII) <>  any
    other facility or service required for
    the development of a rural water
    distribution system, as determined by
    the Secretary; and

    [[Page 3248]]

    (VIII) any property or property
    right required for the construction or
    operation of a facility described in
    this subsection.
    (ii) Limitation.--Federal funds made available
    to carry out this subsection shall not be used for
    the operation, maintenance, or replacement of the
    Musselshell-Judith Rural Water System.
    (iii) Title.--Title to the Musselshell-Judith
    Rural Water System shall be held by the Authority.

    (e) Dry-Redwater Feasibility Study.--
    (1) Definitions.--In this subsection:
    (A) Dry-redwater regional water authority.--The term
    ``Dry-Redwater Regional Water Authority'' means--
    (i) the Dry-Redwater Regional Water Authority,
    a publicly owned nonprofit water authority formed
    in accordance with Mont. Code Ann. Sec. 75-6-302
    (2007); and
    (ii) any nonprofit successor entity to the
    Authority described in clause (i).
    (B) Dry-redwater regional water authority system.--
    The term ``Dry-Redwater Regional Water Authority
    System'' means the project entitled the ``Dry-Redwater
    Regional Water Authority System'', with a project
    service area that includes--
    (i) Garfield and McCone Counties in the State;
    (ii) the area west of the Yellowstone River in
    Dawson and Richland Counties in the State;
    (iii) T. 15 N. (including the area north of
    the Township) in Prairie County in the State; and
    (iv) the portion of McKenzie County, North
    Dakota, that includes all land that is located
    west of the Yellowstone River in the State of
    North Dakota.
    (C) Reclamation feasibility standards.--The term
    ``reclamation feasibility standards'' means the
    eligibility criteria and feasibility study requirements
    described in section 106 of the Reclamation Rural Water
    Supply Act of 2006 (43 U.S.C. 2405) (as in effect on
    September 29, 2016).
    (D) Submitted feasibility study.--The term
    ``submitted feasibility study'' means the feasibility
    study entitled ``Dry-Redwater Regional Water System
    Feasibility Study'' (including revisions of the study),
    which received funding from the Bureau of Reclamation on
    September 1, 2010.
    (2) Study.--
    (A) <>
    In general.--The Secretary, in consultation with the
    Dry-Redwater Regional Water Authority, may undertake a
    study, including a review of the submitted feasibility
    study, to determine the feasibility of constructing the
    Dry-Redwater Regional Water System.
    (B) Requirement.--The study under subparagraph (A)
    shall comply with the reclamation feasibility standards.
    (3) <>  Cooperative agreement.--If the
    Secretary determines that the study under paragraph (2) does not
    comply with the reclamation feasibility standards, the Secretary
    may enter into a cooperative agreement with the Dry-Redwater
    Regional Water Authority to complete additional work to ensure
    that the study complies with the reclamation feasibility
    standards.

    [[Page 3249]]

    (4) Authorization of appropriations.--There is authorized to
    be appropriated to the Secretary $5,000,000 to carry out this
    subsection.
    (5) Termination.--The authority provided by this subsection
    shall expire on the date that is 5 years after the date of
    enactment of this Act.

    (f) Water Rights.--Nothing in this Act--
    (1) preempts or affects any State water law; or
    (2) affects any authority of a State, as in effect on the
    date of enactment of this Act, to manage water resources within
    that State.

    (g) Authorization of Appropriations.--
    (1) Authorization.--There is authorized to be appropriated
    to carry out the planning, design, and construction of the
    Musselshell-Judith Rural Water System, substantially in
    accordance with the cost estimate set forth in the feasibility
    report described in subsection (d)(1), $56,650,000.
    (2) Cost indexing.--The amount authorized to be appropriated
    under paragraph (1) may be increased or decreased in accordance
    with ordinary fluctuations in development costs incurred after
    November 1, 2014, as indicated by any available engineering cost
    indices applicable to construction activities that are similar
    to the construction of the Musselshell-Judith Rural Water
    System.
    SEC. 1111. <>  SNOW
    WATER SUPPLY FORECASTING.

    (a) Short Title.--This section may be cited as the ``Snow Water
    Supply Forecasting Program Authorization Act''.
    (b) Definition of Program.--In this Act, the term ``program'' means
    the Snow Water Supply Forecasting Program established by subsection (c).
    (c) Snow Water Supply Forecasting Program.--
    (1) Program establishment.--The Snow Water Supply
    Forecasting Program is hereby established within the Department
    of the Interior.
    (2) Program implementation.--To implement the program, the
    Secretary shall--
    (A) develop the program framework in coordination
    with other Federal agencies pursuant to subsection (d),
    culminating in the report required under subsection
    (d)(3); and
    (B) after submitting the report required by
    subsection (d)(3), implement activities to improve
    snowpack measurement in particular watersheds pursuant
    to subsection (e).

    (d) Development of Program Framework in Coordination With Other
    Federal Agencies.--
    (1) Snowpack measurement data.--When determining water
    supply forecasts or allocations to Federal water contractors,
    the Secretary, acting through the Commissioner of the Bureau of
    Reclamation, shall incorporate, to the greatest extent
    practicable, information from emerging technologies for snowpack
    measurement, such as--
    (A) synthetic aperture radar;
    (B) laser altimetry; and
    (C) <>  other emerging
    technologies that the Secretary determines are likely to
    provide more accurate or timely snowpack measurement
    data.

    [[Page 3250]]

    (2) Coordination.--In carrying out paragraph (1), the
    Secretary shall coordinate data use and collection efforts with
    other Federal agencies that use or may benefit from the use of
    emerging technologies for snowpack measurement.
    (3) Emerging technologies report.--Not later than October 1,
    2021, the Secretary shall submit to Congress a report that--
    (A) summarizes the use of emerging technologies
    pursuant to this Act;
    (B) describes benefits derived from the use of
    technologies summarized under subparagraph (A) related
    to the environment and increased water supply
    reliability; and
    (C) describes how Federal agencies will coordinate
    to implement emerging technologies.

    (e) Program Implementation.--
    (1) Activities implementing framework.--After submitting the
    report required under subsection (d)(3), the Secretary shall
    participate with program partners in implementing activities to
    improve snowpack measurement in particular watersheds.
    (2) Focus.--The program shall focus on activities that will
    maintain, establish, expand, or advance snowpack measurement
    consistent with the report required by subsection (d)(3), with
    an emphasis on--
    (A) enhancing activities in river basins to achieve
    improved snow and water supply forecasting results;
    (B) activities in river basins where snow water
    supply forecasting related activities described in this
    Act are not occurring on the date of the enactment of
    this Act; and
    (C) demonstrating or testing new, or improving
    existing, snow and water supply forecasting technology.
    (3) Information sharing.--The Secretary may provide
    information collected and analyzed under this Act to program
    partners through appropriate mechanisms, including interagency
    agreements with Federal agencies, States, State agencies, or a
    combination thereof, leases, contracts, cooperative agreements,
    grants, loans, and memoranda of understanding.
    (4) <>  Program partners.--Program
    partners with whom the Secretary enters into cooperative
    agreements pursuant to paragraph (5) may include water
    districts, irrigation districts, water associations,
    universities, State agencies, other Federal agencies, private
    sector entities, non-governmental organizations, and other
    entities, as determined by the Secretary.
    (5) Cooperative agreements.--The Secretary may--
    (A) enter into cooperative agreements with program
    partners to allow the program to be administered
    efficiently and cost effectively through cost-sharing or
    by providing additional in-kind resources necessary for
    program implementation; and
    (B) provide nonreimbursable matching funding for
    programmatic and operational activities under this Act
    in consultation with program partners.
    (6) Environmental laws.--Nothing in this Act shall modify
    any obligation of the Secretary to comply with applicable
    Federal and State environmental laws in carrying out this Act.

    [[Page 3251]]

    (f) <>  Program Implementation Report.--Not later than
    4 years after the date of the enactment of this Act, the Secretary shall
    submit a report to the Committee on Natural Resources and the Committee
    on Appropriations of the House of Representatives and the Committee on
    Energy and Natural Resources and the Committee on Appropriations of the
    Senate, that includes--
    (1) a list of basins and sub-basins for which snowpack
    measurement technologies are being used under the program,
    including a description of each technology used; and
    (2) a list of Federal agencies and program partners
    participating in each basin or sub-basin listed in paragraph
    (1).

    (g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this Act $15,000,000, in the
    aggregate, for fiscal years 2022 through 2026.
    SEC. 1112. WATER TECHNOLOGY INVESTMENT.

    The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C.
    10301 note) is amended--
    (1) in section 4(a)(1), by inserting ``, including modules
    specifically designed for brine management'' after ``and
    concepts''; and
    (2) in section 8(b)--
    (A) by striking ``3,000,000'' and inserting
    ``20,000,000''; and
    (B) by striking ``2017 through 2021'' and inserting
    ``2022 through 2026, in addition to the authorization of
    appropriations for projects in section 4(a)(2)(F)''.
    SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

    Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
    1645) is amended--
    (1) in subsection (a)(1), by inserting ``urban Indian
    organizations,'' before ``and tribal organizations''; and
    (2) in subsection (c)--
    (A) by inserting ``urban Indian organization,''
    before ``or tribal organization''; and
    (B) by inserting ``an urban Indian organization,''
    before ``or a tribal organization''.
    SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.

    Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
    1647b) is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting
    ``(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.)''.
    SEC. 1115. <>  DEFINITIONS.

    In this title:
    (1) Indian tribe.--The term ``Indian Tribe'' has the meaning
    given the term in section 4 of the Indian Self-Determination and
    Education Assistance Act (25 U.S.C. 5304).
    (2) Reclamation state.--The term ``Reclamation State'' means
    a State or territory described in the first section of the Act
    of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of the Interior.

    [[Page 3252]]

    TITLE XII--HORSERACING <>  INTEGRITY AND SAFETY
    SEC. 1201. <>  SHORT TITLE.

    This title may be cited as the ``Horseracing Integrity and Safety
    Act of 2020''.
    SEC. 1202. <>  DEFINITIONS.

    In this Act the following definitions apply:
    (1) Authority.--The term ``Authority'' means the Horseracing
    Integrity and Safety Authority designated by section 1203(a).
    (2) Breeder.--The term ``breeder'' means a person who is in
    the business of breeding covered horses.
    (3) Commission.--The term ``Commission'' means the Federal
    Trade Commission.
    (4) Covered horse.--The term ``covered horse'' means any
    Thoroughbred horse, or any other horse made subject to this Act
    by election of the applicable State racing commission or the
    breed governing organization for such horse under section
    1205(k), during the period--
    (A) beginning on the date of the horse's first timed
    and reported workout at a racetrack that participates in
    covered horseraces or at a training facility; and
    (B) ending on the date on which the Authority
    receives written notice that the horse has been retired.
    (5) Covered horserace.--The term ``covered horserace'' means
    any horserace involving covered horses that has a substantial
    relation to interstate commerce, including any Thoroughbred
    horserace that is the subject of interstate off-track or advance
    deposit wagers.
    (6) Covered persons.--The term ``covered persons'' means all
    trainers, owners, breeders, jockeys, racetracks, veterinarians,
    persons (legal and natural) licensed by a State racing
    commission and the agents, assigns, and employees of such
    persons and other horse support personnel who are engaged in the
    care, training, or racing of covered horses.
    (7) Equine constituencies.--The term ``equine
    constituencies'' means, collectively, owners, breeders,
    trainers, racetracks, veterinarians, State racing commissions,
    and jockeys who are engaged in the care, training, or racing of
    covered horses.
    (8) Equine industry representative.--The term ``equine
    industry representative'' means an organization regularly and
    significantly engaged in the equine industry, including
    organizations that represent the interests of, and whose
    membership consists of, owners, breeders, trainers, racetracks,
    veterinarians, State racing commissions, and jockeys.
    (9) Horseracing anti-doping and medication control
    program.--The term ``horseracing anti-doping and medication
    control program'' means the anti-doping and medication program
    established under section 1206(a).
    (10) Immediate family member.--The term ``immediate family
    member'' shall include a spouse, domestic partner, mother,
    father, aunt, uncle, sibling, or child.

    [[Page 3253]]

    (11) Interstate off-track wager.--The term ``interstate off-
    track wager'' has the meaning given such term in section 3 of
    the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
    (12) Jockey.--The term ``jockey'' means a rider or driver of
    a covered horse in covered horseraces.
    (13) Owner.--The term ``owner'' means a person who holds an
    ownership interest in one or more covered horses.
    (14) Program effective date.--The term ``program effective
    date'' means July 1, 2022.
    (15) Racetrack.--The term ``racetrack'' means an
    organization licensed by a State racing commission to conduct
    covered horseraces.
    (16) Racetrack safety program.--The term ``racetrack safety
    program'' means the program established under section 1207(a).
    (17) Stakes race.--The term ``stakes race'' means any race
    so designated by the racetrack at which such race is run,
    including, without limitation, the races comprising the
    Breeders' Cup World Championships and the races designated as
    graded stakes by the American Graded Stakes Committee of the
    Thoroughbred Owners and Breeders Association.
    (18) State racing commission.--The term ``State racing
    commission'' means an entity designated by State law or
    regulation that has jurisdiction over the conduct of horseracing
    within the applicable State.
    (19) Trainer.--The term ``trainer'' means an individual
    engaged in the training of covered horses.
    (20) Training facility.--The term ``training facility''
    means a location that is not a racetrack licensed by a State
    racing commission that operates primarily to house covered
    horses and conduct official timed workouts.
    (21) Veterinarian.--The term ``veterinarian'' means a
    licensed veterinarian who provides veterinary services to
    covered horses.
    (22) Workout.--The term ``workout'' means a timed running of
    a horse over a predetermined distance not associated with a race
    or its first qualifying race, if such race is made subject to
    this Act by election under section 1205(k) of the horse's breed
    governing organization or the applicable State racing
    commission.
    SEC. 1203. <>  RECOGNITION OF THE HORSERACING
    INTEGRITY AND SAFETY AUTHORITY.

    (a) In General.--The private, independent, self-regulatory,
    nonprofit corporation, to be known as the ``Horseracing Integrity and
    Safety Authority'', is recognized for purposes of developing and
    implementing a horseracing anti-doping and medication control program
    and a racetrack safety program for covered horses, covered persons, and
    covered horseraces.
    (b) Board of Directors.--
    (1) Membership.--The Authority shall be governed by a board
    of directors (in this section referred to as the ``Board'')
    comprised of nine members as follows:
    (A) Independent members.--Five members of the Board
    shall be independent members selected from outside the
    equine industry.
    (B) Industry members.--

    [[Page 3254]]

    (i) In general.--Four members of the Board
    shall be industry members selected from among the
    various equine constituencies.
    (ii) Representation of equine
    constituencies.--The industry members shall be
    representative of the various equine
    constituencies, and shall include not more than
    one industry member from any one equine
    constituency.
    (2) Chair.--The chair of the Board shall be an independent
    member described in paragraph (1)(A).
    (3) Bylaws.--The Board of the Authority shall be governed by
    bylaws for the operation of the Authority with respect to--
    (A) the administrative structure and employees of
    the Authority;
    (B) the establishment of standing committees;
    (C) the procedures for filling vacancies on the
    Board and the standing committees;
    (D) term limits for members and termination of
    membership; and
    (E) any other matter the Board considers necessary.

    (c) Standing Committees.--
    (1) Anti-doping and medication control standing committee.--
    (A) In general.--The Authority shall establish an
    anti-doping and medication control standing committee,
    which shall provide advice and guidance to the Board on
    the development and maintenance of the horseracing anti-
    doping and medication control program.
    (B) Membership.--The anti-doping and medication
    control standing committee shall be comprised of seven
    members as follows:
    (i) Independent members.--A majority of the
    members shall be independent members selected from
    outside the equine industry.
    (ii) Industry members.--A minority of the
    members shall be industry members selected to
    represent the various equine constituencies, and
    shall include not more than one industry member
    from any one equine constituency.
    (iii) Qualification.--A majority of
    individuals selected to serve on the anti-doping
    and medication control standing committee shall
    have significant, recent experience in anti-doping
    and medication control rules.
    (C) Chair.--The chair of the anti-doping and
    medication control standing committee shall be an
    independent member of the Board described in subsection
    (b)(1)(A).
    (2) Racetrack safety standing committee.--
    (A) In general.--The Authority shall establish a
    racetrack safety standing committee, which shall provide
    advice and guidance to the Board on the development and
    maintenance of the racetrack safety program.
    (B) Membership.--The racetrack safety standing
    committee shall be comprised of seven members as
    follows:
    (i) Independent members.--A majority of the
    members shall be independent members selected from
    outside the equine industry.

    [[Page 3255]]

    (ii) Industry members.--A minority of the
    members shall be industry members selected to
    represent the various equine constituencies.
    (C) Chair.--The chair of the racetrack safety
    standing committee shall be an industry member of the
    Board described in subsection (b)(1)(B).

    (d) Nominating Committee.--
    (1) Membership.--
    (A) In general.--The nominating committee of the
    Authority shall be comprised of seven independent
    members selected from business, sports, and academia.
    (B) Initial membership.--The initial nominating
    committee members shall be set forth in the governing
    corporate documents of the Authority.
    (C) Vacancies.--After the initial committee members
    are appointed in accordance with subparagraph (B),
    vacancies shall be filled by the Board pursuant to rules
    established by the Authority.
    (2) Chair.--The chair of the nominating committee shall be
    selected by the nominating committee from among the members of
    the nominating committee.
    (3) Selection of members of the board and standing
    committees.--
    (A) Initial members.--The nominating committee shall
    select the initial members of the Board and the standing
    committees described in subsection (c).
    (B) Subsequent members.-- The nominating committee
    shall recommend individuals to fill any vacancy on the
    Board or on such standing committees.

    (e) Conflicts of Interest.--To avoid conflicts of interest, the
    following individuals may not be selected as a member of the Board or as
    an independent member of a nominating or standing committee under this
    section:
    (1) An individual who has a financial interest in, or
    provides goods or services to, covered horses.
    (2) An official or officer--
    (A) of an equine industry representative; or
    (B) who serves in a governance or policymaking
    capacity for an equine industry representative.
    (3) An employee of, or an individual who has a business or
    commercial relationship with, an individual described in
    paragraph (1) or (2).
    (4) An immediate family member of an individual described in
    paragraph (1) or (2).

    (f) Funding.--
    (1) Initial funding.--
    (A) In general.--Initial funding to establish the
    Authority and underwrite its operations before the
    program effective date shall be provided by loans
    obtained by the Authority.
    (B) Borrowing.--The Authority may borrow funds
    toward the funding of its operations.
    (C) Annual calculation of amounts required.--
    (i) <>  In
    general.--Not later than the date that is 90 days
    before the program effective date, and not later
    than November 1 each year thereafter, the
    Authority shall determine and provide to each
    State

    [[Page 3256]]

    racing commission the estimated amount required
    from the State--
    (I) to fund the State's
    proportionate share of the horseracing
    anti-doping and medication control
    program and the racetrack safety program
    for the next calendar year; and
    (II) to liquidate the State's
    proportionate share of any loan or
    funding shortfall in the current
    calendar year and any previous calendar
    year.
    (ii) Basis of calculation.--The amounts
    calculated under clause (i) shall--
    (I) be based on--
    (aa) the annual budget of
    the Authority for the following
    calendar year, as approved by
    the Board; and
    (bb) the projected amount of
    covered racing starts for the
    year in each State; and
    (II) take into account other sources
    of Authority revenue.
    (iii) Requirements regarding budgets of
    authority.--
    (I) Initial budget.--The initial
    budget of the Authority shall require
    the approval of \2/3\ of the Board.
    (II) Subsequent budgets.--Any
    subsequent budget that exceeds the
    budget of the preceding calendar year by
    more than 5 percent shall require the
    approval of \2/3\ of the Board.
    (iv) Rate increases.--
    (I) In general.--A proposed increase
    in the amount required under this
    subparagraph shall be reported to the
    Commission.
    (II) <>  Notice and comment.--The
    Commission shall publish in the Federal
    Register such a proposed increase and
    provide an opportunity for public
    comment.
    (2) Assessment and collection of fees by states.--
    (A) <>  Notice of election.--Any
    State racing commission that elects to remit fees
    pursuant to this subsection shall notify the Authority
    of such election not later than 60 days before the
    program effective date.
    (B) <>  Requirement to remit
    fees.--After a State racing commission makes a
    notification under subparagraph (A), the election shall
    remain in effect and the State racing commission shall
    be required to remit fees pursuant to this subsection
    according to a schedule established in rule developed by
    the Authority and approved by the Commission.
    (C) <>  Withdrawal of
    election.--A State racing commission may cease remitting
    fees under this subsection not earlier than one year
    after notifying the Authority of the intent of the State
    racing commission to do so.
    (D) Determination of methods.--Each State racing
    commission shall determine, subject to the applicable
    laws, regulations, and contracts of the State, the
    method by which the requisite amount of fees, such as
    foal registration fees, sales contributions, starter
    fees, and track fees, and

    [[Page 3257]]

    other fees on covered persons, shall be allocated,
    assessed, and collected.
    (3) Assessment and collection of fees by the authority.--
    (A) <>  Calculation.--If a State
    racing commission does not elect to remit fees pursuant
    to paragraph (2) or withdraws its election under such
    paragraph, the Authority shall, not less frequently than
    monthly, calculate the applicable fee per racing start
    multiplied by the number of racing starts in the State
    during the preceding month.
    (B) Allocation.--The Authority shall allocate
    equitably the amount calculated under subparagraph (A)
    collected among covered persons involved with covered
    horseraces pursuant to such rules as the Authority may
    promulgate.
    (C) Assessment and collection.--
    (i) In general.--The Authority shall assess a
    fee equal to the allocation made under
    subparagraph (B) and shall collect such fee
    according to such rules as the Authority may
    promulgate.
    (ii) Remittance of fees.--Covered persons
    described in subparagraph (B) shall be required to
    remit such fees to the Authority.
    (D) Limitation.--A State racing commission that does
    not elect to remit fees pursuant to paragraph (2) or
    that withdraws its election under such paragraph shall
    not impose or collect from any person a fee or tax
    relating to anti-doping and medication control or
    racetrack safety matters for covered horseraces.
    (4) Fees and fines.--Fees and fines imposed by the Authority
    shall be allocated toward funding of the Authority and its
    activities.
    (5) Rule of construction.--Nothing in this Act shall be
    construed to require--
    (A) the appropriation of any amount to the
    Authority; or
    (B) the Federal Government to guarantee the debts of
    the Authority.

    (g) Quorum.--For all items where Board approval is required, the
    Authority shall have present a majority of independent members.
    SEC. 1204. <>  FEDERAL TRADE COMMISSION
    OVERSIGHT.

    (a) In General.--The Authority shall submit to the Commission, in
    accordance with such rules as the Commission may prescribe under section
    553 of title 5, United States Code, any proposed rule, or proposed
    modification to a rule, of the Authority relating to--
    (1) the bylaws of the Authority;
    (2) a list of permitted and prohibited medications,
    substances, and methods, including allowable limits of permitted
    medications, substances, and methods;
    (3) laboratory standards for accreditation and protocols;
    (4) standards for racing surface quality maintenance;
    (5) racetrack safety standards and protocols;
    (6) a program for injury and fatality data analysis;

    [[Page 3258]]

    (7) a program of research and education on safety,
    performance, and anti-doping and medication control;
    (8) a description of safety, performance, and anti-doping
    and medication control rule violations applicable to covered
    horses and covered persons;
    (9) a schedule of civil sanctions for violations;
    (10) a process or procedures for disciplinary hearings; and
    (11) a formula or methodology for determining assessments
    described in section 1203(f).

    (b) Publication and Comment.--
    (1) In general.--The Commission shall--
    (A) <>
    publish in the Federal Register each proposed rule or
    modification submitted under subsection (a); and
    (B) provide an opportunity for public comment.
    (2) Approval required.--A proposed rule, or a proposed
    modification to a rule, of the Authority shall not take effect
    unless the proposed rule or modification has been approved by
    the Commission.

    (c) Decision on Proposed Rule or Modification to a Rule.--
    (1) <>  In general.--Not later than 60
    days after the date on which a proposed rule or modification is
    published in the Federal Register, the Commission shall approve
    or disapprove the proposed rule or modification.
    (2) Conditions.--The Commission shall approve a proposed
    rule or modification if the Commission finds that the proposed
    rule or modification is consistent with--
    (A) this Act; and
    (B) applicable rules approved by the Commission.
    (3) Revision of proposed rule or modification.--
    (A) <>  In general.--In
    the case of disapproval of a proposed rule or
    modification under this subsection, not later than 30
    days after the issuance of the disapproval, the
    Commission shall make recommendations to the Authority
    to modify the proposed rule or modification.
    (B) Resubmission.--The Authority may resubmit for
    approval by the Commission a proposed rule or
    modification that incorporates the modifications
    recommended under subparagraph (A).

    (d) Proposed Standards and Procedures.--
    (1) In general.--The Authority shall submit to the
    Commission any proposed rule, standard, or procedure developed
    by the Authority to carry out the horseracing anti-doping and
    medication control program or the racetrack safety program.
    (2) <>  Notice and
    comment.--The Commission shall publish in the Federal Register
    any such proposed rule, standard, or procedure and provide an
    opportunity for public comment.

    (e) Interim Final Rules.--The Commission may adopt an interim final
    rule, to take effect immediately, under conditions specified in section
    553(b)(B) of title 5, United States Code, if the Commission finds that
    such a rule is necessary to protect--
    (1) the health and safety of covered horses; or
    (2) the integrity of covered horseraces and wagering on
    those horseraces.

    [[Page 3259]]

    SEC. 1205. <>  JURISDICTION OF THE COMMISSION
    AND THE HORSERACING INTEGRITY AND SAFETY
    AUTHORITY.

    (a) <>  In General.--Beginning on the program
    effective date, the Commission, the Authority, and the anti-doping and
    medication control enforcement agency, each within the scope of their
    powers and responsibilities under this Act, as limited by subsection
    (j), shall--
    (1) implement and enforce the horseracing anti-doping and
    medication control program and the racetrack safety program;
    (2) exercise independent and exclusive national authority
    over--
    (A) the safety, welfare, and integrity of covered
    horses, covered persons, and covered horseraces; and
    (B) all horseracing safety, performance, and anti-
    doping and medication control matters for covered
    horses, covered persons, and covered horseraces; and
    (3) have safety, performance, and anti-doping and medication
    control authority over covered persons similar to such authority
    of the State racing commissions before the program effective
    date.

    (b) Preemption.--The rules of the Authority promulgated in
    accordance with this Act shall preempt any provision of State law or
    regulation with respect to matters within the jurisdiction of the
    Authority under this Act, as limited by subsection (j). Nothing
    contained in this Act shall be construed to limit the authority of the
    Commission under any other provision of law.
    (c) Duties.--
    (1) In general.--The Authority--
    (A) shall develop uniform procedures and rules
    authorizing--
    (i) access to offices, racetrack facilities,
    other places of business, books, records, and
    personal property of covered persons that are used
    in the care, treatment, training, and racing of
    covered horses;
    (ii) issuance and enforcement of subpoenas and
    subpoenas duces tecum; and
    (iii) other investigatory powers of the nature
    and scope exercised by State racing commissions
    before the program effective date; and
    (B) with respect to an unfair or deceptive act or
    practice described in section 1210, may recommend that
    the Commission commence an enforcement action.
    (2) Approval of commission.--The procedures and rules
    developed under paragraph (1)(A) shall be subject to approval by
    the Commission in accordance with section 1204.

    (d) Registration of Covered Persons With Authority.--
    (1) <>  In general.--As a condition of
    participating in covered races and in the care, ownership,
    treatment, and training of covered horses, a covered person
    shall register with the Authority in accordance with rules
    promulgated by the Authority and approved by the Commission in
    accordance with section 1204.
    (2) Agreement with respect to authority rules, standards,
    and procedures.--Registration under this subsection shall
    include an agreement by the covered person to be subject to and
    comply with the rules, standards, and procedures developed and
    approved under subsection (c).

    [[Page 3260]]

    (3) Cooperation.--A covered person registered under this
    subsection shall, at all times--
    (A) cooperate with the Commission, the Authority,
    the anti-doping and medication control enforcement
    agency, and any respective designee, during any civil
    investigation; and
    (B) respond truthfully and completely to the best of
    the knowledge of the covered person if questioned by the
    Commission, the Authority, the anti-doping and
    medication control enforcement agency, or any respective
    designee.
    (4) Failure to comply.--Any failure of a covered person to
    comply with this subsection shall be a violation of section
    1208(a)(2)(G).

    (e) <>  Enforcement of Programs.--
    (1) Anti-doping and medication control enforcement agency.--
    (A) Agreement with usada.--The Authority shall seek
    to enter into an agreement with the United States Anti-
    Doping Agency under which the Agency acts as the anti-
    doping and medication control enforcement agency under
    this Act for services consistent with the horseracing
    anti-doping and medication control program.
    (B) Agreement with other entity.--If the Authority
    and the United States Anti-Doping Agency are unable to
    enter into the agreement described in subparagraph (A),
    the Authority shall enter into an agreement with an
    entity that is nationally recognized as being a
    medication regulation agency equal in qualification to
    the United States Anti-Doping Agency to act as the anti-
    doping and medication control enforcement agency under
    this Act for services consistent with the horseracing
    anti-doping and medication control program.
    (C) Negotiations.--Any negotiations under this
    paragraph shall be conducted in good faith and designed
    to achieve efficient, effective best practices for anti-
    doping and medication control and enforcement on
    commercially reasonable terms.
    (D) Elements of agreement.--Any agreement under this
    paragraph shall include a description of the scope of
    work, performance metrics, reporting obligations, and
    budgets of the United States Anti-Doping Agency while
    acting as the anti-doping and medication control
    enforcement agency under this Act, as well as a
    provision for the revision of the agreement to increase
    in the scope of work as provided for in subsection (k),
    and any other matter the Authority considers
    appropriate.
    (E) Duties and powers of enforcement agency.--The
    anti-doping and medication control enforcement agency
    under an agreement under this paragraph shall--
    (i) serve as the independent anti-doping and
    medication control enforcement organization for
    covered horses, covered persons, and covered
    horseraces, implementing the anti-doping and
    medication control program on behalf of the
    Authority;
    (ii) ensure that covered horses and covered
    persons are deterred from using or administering
    medications,

    [[Page 3261]]

    substances, and methods in violation of the rules
    established in accordance with this Act;
    (iii) implement anti-doping education,
    research, testing, compliance and adjudication
    programs designed to prevent covered persons and
    covered horses from using or administering
    medications, substances, and methods in violation
    of the rules established in accordance with this
    Act;
    (iv) exercise the powers specified in section
    1206(c)(4) in accordance with that section; and
    (v) implement and undertake any other
    responsibilities specified in the agreement.
    (F) Term and extension.--
    (i) Term of initial agreement.--The initial
    agreement entered into by the Authority under this
    paragraph shall be in effect for the 5-year period
    beginning on the program effective date.
    (ii) Extension.--At the end of the 5-year
    period described in clause (i), the Authority
    may--
    (I) extend the term of the initial
    agreement under this paragraph for such
    additional term as is provided by the
    rules of the Authority and consistent
    with this Act; or
    (II) enter into an agreement meeting
    the requirements of this paragraph with
    an entity described by subparagraph (B)
    for such term as is provided by such
    rules and consistent with this Act.
    (2) Agreements for enforcement by state racing
    commissions.--
    (A) State racing commissions.--
    (i) Racetrack safety program.--The Authority
    may enter into agreements with State racing
    commissions for services consistent with the
    enforcement of the racetrack safety program.
    (ii) Anti-doping and medication control
    program.--The anti-doping and medication control
    enforcement agency may enter into agreements with
    State racing commissions for services consistent
    with the enforcement of the anti-doping and
    medication control program.
    (B) Elements of agreements.--Any agreement under
    this paragraph shall include a description of the scope
    of work, performance metrics, reporting obligations,
    budgets, and any other matter the Authority considers
    appropriate.
    (3) <>  Enforcement of standards.--The
    Authority may coordinate with State racing commissions and other
    State regulatory agencies to monitor and enforce racetrack
    compliance with the standards developed under paragraphs (1) and
    (2) of section 1207(c).

    (f) Procedures With Respect to Rules of Authority.--
    (1) Anti-doping and medication control.--
    (A) <>  In general.--
    Recommendations for rules regarding anti-doping and
    medication control shall be developed in accordance with
    section 1206.

    [[Page 3262]]

    (B) Consultation.--The anti-doping and medication
    control enforcement agency shall consult with the anti-
    doping and medication control standing committee and the
    Board of the Authority on all anti-doping and medication
    control rules of the Authority.
    (2) <>  Racetrack safety.--
    Recommendations for rules regarding racetrack safety shall be
    developed by the racetrack safety standing committee of the
    Authority.

    (g) Issuance of Guidance.--
    (1) The Authority may issue guidance that--
    (A) sets forth--
    (i) an interpretation of an existing rule,
    standard, or procedure of the Authority; or
    (ii) a policy or practice with respect to the
    administration or enforcement of such an existing
    rule, standard, or procedure; and
    (B) relates solely to--
    (i) the administration of the Authority; or
    (ii) any other matter, as specified by the
    Commission, by rule, consistent with the public
    interest and the purposes of this subsection.
    (2) Submittal to commission.--The Authority shall submit to
    the Commission any guidance issued under paragraph (1).
    (3) Immediate effect.--Guidance issued under paragraph (1)
    shall take effect on the date on which the guidance is submitted
    to the Commission under paragraph (2).

    (h) Subpoena and Investigatory Authority.--The Authority shall have
    subpoena and investigatory authority with respect to civil violations
    committed under its jurisdiction.
    (i) Civil Penalties.--The Authority shall develop a list of civil
    penalties with respect to the enforcement of rules for covered persons
    and covered horseraces under its jurisdiction.
    (j) Civil Actions.--
    (1) In general.--In addition to civil sanctions imposed
    under section 1208, the Authority may commence a civil action
    against a covered person or racetrack that has engaged, is
    engaged, or is about to engage, in acts or practices
    constituting a violation of this Act or any rule established
    under this Act in the proper district court of the United
    States, the United States District Court for the District of
    Columbia, or the United States courts of any territory or other
    place subject to the jurisdiction of the United States, to
    enjoin such acts or practices, to enforce any civil sanctions
    imposed under that section, and for all other relief to which
    the Authority may be entitled.
    (2) Injunctions and restraining orders.--With respect to a
    civil action commenced under paragraph (1), upon a proper
    showing, a permanent or temporary injunction or restraining
    order shall be granted without bond.

    (k) Limitations on Authority.--
    (1) Prospective application.--The jurisdiction and authority
    of the Authority and the Commission with respect to the
    horseracing anti-doping and medication control program and the
    racetrack safety program shall be prospective only.
    (2) Previous matters.--

    [[Page 3263]]

    (A) In general.--The Authority and the Commission
    may not investigate, prosecute, adjudicate, or penalize
    conduct in violation of the horseracing anti-doping and
    medication control program and the racetrack safety
    program that occurs before the program effective date.
    (B) State racing commission.--With respect to
    conduct described in subparagraph (A), the applicable
    State racing commission shall retain authority until the
    final resolution of the matter.
    (3) Other laws unaffected.--This Act shall not be construed
    to modify, impair or restrict the operation of the general laws
    or regulations, as may be amended from time to time, of the
    United States, the States and their political subdivisions
    relating to criminal conduct, cruelty to animals, matters
    unrelated to antidoping, medication control and racetrack and
    racing safety of covered horses and covered races, and the use
    of medication in human participants in covered races.

    (l) Election for Other Breed Coverage Under Act.--
    (1) In general.--A State racing commission or a breed
    governing organization for a breed of horses other than
    Thoroughbred horses may elect to have such breed be covered by
    this Act by the filing of a designated election form and
    subsequent approval by the Authority. A State racing commission
    may elect to have a breed covered by this Act for the applicable
    State only.
    (2) Election conditional on funding mechanism.--A commission
    or organization may not make an election under paragraph (1)
    unless the commission or organization has in place a mechanism
    to provide sufficient funds to cover the costs of the
    administration of this Act with respect to the horses that will
    be covered by this Act as a result of the election.
    (3) Apportionment.--The Authority shall apportion costs
    described in paragraph (2) in connection with an election under
    paragraph (1) fairly among all impacted segments of the
    horseracing industry, subject to approval by the Commission in
    accordance with section 1204. Such apportionment may not provide
    for the allocation of costs or funds among breeds of horses.
    SEC. 1206. <>  HORSERACING ANTI-DOPING AND
    MEDICATION CONTROL PROGRAM.

    (a) Program Required.--
    (1) <>  In general.--Not later than the
    program effective date, and after notice and an opportunity for
    public comment in accordance with section 1204, the Authority
    shall establish a horseracing anti-doping and medication control
    program applicable to all covered horses, covered persons, and
    covered horseraces in accordance with the registration of
    covered persons under section 1205(d).
    (2) Consideration of other breeds.--In developing the
    horseracing anti-doping and medication control program with
    respect to a breed of horse that is made subject to this Act by
    election of a State racing commission or the breed governing
    organization for such horse under section 1205(k), the Authority
    shall consider the unique characteristics of such breed.

    [[Page 3264]]

    (b) Considerations in Development of Program.--In developing the
    horseracing anti-doping and medication control program, the Authority
    shall take into consideration the following:
    (1) Covered horses should compete only when they are free
    from the influence of medications, other foreign substances, and
    methods that affect their performance.
    (2) Covered horses that are injured or unsound should not
    train or participate in covered races, and the use of
    medications, other foreign substances, and treatment methods
    that mask or deaden pain in order to allow injured or unsound
    horses to train or race should be prohibited.
    (3) Rules, standards, procedures, and protocols regulating
    medication and treatment methods for covered horses and covered
    races should be uniform and uniformly administered nationally.
    (4) To the extent consistent with this Act, consideration
    should be given to international anti-doping and medication
    control standards of the International Federation of Horseracing
    Authorities and the Principles of Veterinary Medical Ethics of
    the American Veterinary Medical Association.
    (5) The administration of medications and treatment methods
    to covered horses should be based upon an examination and
    diagnosis that identifies an issue requiring treatment for which
    the medication or method represents an appropriate component of
    treatment.
    (6) The amount of therapeutic medication that a covered
    horse receives should be the minimum necessary to address the
    diagnosed health concerns identified during the examination and
    diagnostic process.
    (7) The welfare of covered horses, the integrity of the
    sport, and the confidence of the betting public require full
    disclosure to regulatory authorities regarding the
    administration of medications and treatments to covered horses.

    (c) Activities.--The following activities shall be carried out under
    the horseracing anti-doping and medication control program:
    (1) Standards for anti-doping and medication control.--
    Not <> later than 120 days before the program
    effective date, the Authority shall issue, by rule--
    (A) uniform standards for--
    (i) the administration of medication to
    covered horses by covered persons; and
    (ii) laboratory testing accreditation and
    protocols; and
    (B) <>  a list of permitted and
    prohibited medications, substances, and methods,
    including allowable limits of permitted medications,
    substances, and methods.
    (2) Review process for administration of medication.--
    The <>  development of a review process for
    the administration of any medication to a covered horse during
    the 48-hour period preceding the next racing start of the
    covered horse.
    (3) Agreement requirements.--The development of requirements
    with respect to agreements under section 1205(e).
    (4) Anti-doping and medication control enforcement agency.--
    (A) <>  Control rules,
    protocols, etc.--Except as provided in paragraph (5),
    the anti-doping and medication control program
    enforcement agency under section 1205(e)

    [[Page 3265]]

    shall, in consultation with the anti-doping and
    medication control standing committee of the Authority
    and consistent with international best practices,
    develop and recommend anti-doping and medication control
    rules, protocols, policies, and guidelines for approval
    by the Authority.
    (B) Results management.--The anti-doping and
    medication control enforcement agency shall conduct and
    oversee anti-doping and medication control results
    management, including independent investigations,
    charging and adjudication of potential medication
    control rule violations, and the enforcement of any
    civil sanctions for such violations. Any final decision
    or civil sanction of the anti-doping and medication
    control enforcement agency under this subparagraph shall
    be the final decision or civil sanction of the
    Authority, subject to review in accordance with section
    1209.
    (C) Testing.--The anti-doping enforcement agency
    shall perform and manage test distribution planning
    (including intelligence-based testing), the sample
    collection process, and in-competition and out-of-
    competition testing (including no-advance-notice
    testing).
    (D) Testing laboratories.--The anti-doping and
    medication control enforcement agency shall accredit
    testing laboratories based upon the standards
    established under this Act, and shall monitor, test, and
    audit accredited laboratories to ensure continuing
    compliance with accreditation standards.
    (5) Anti-doping and medication control standing committee.--
    <> The anti-
    doping and medication control standing committee shall, in
    consultation with the anti-doping and medication control
    enforcement agency, develop lists of permitted and prohibited
    medications, methods, and substances for recommendation to, and
    approval by, the Authority. <>  Any such
    list may prohibit the administration of any substance or method
    to a horse at any time after such horse becomes a covered horse
    if the Authority determines such substance or method has a long-
    term degrading effect on the soundness of a horse.

    (d) <>  Prohibition.--Except as
    provided in subsections (e) and (f), the horseracing anti-doping and
    medication control program shall prohibit the administration of any
    prohibited or otherwise permitted substance to a covered horse within 48
    hours of its next racing start, effective as of the program effective
    date.

    (e) Advisory Committee Study and Report.--
    (1) In general.--Not later than the program effective date,
    the Authority shall convene an advisory committee comprised of
    horseracing anti-doping and medication control industry experts,
    including a member designated by the anti-doping and medication
    control enforcement agency, to conduct a study on the use of
    furosemide on horses during the 48-hour period before the start
    of a race, including the effect of furosemide on equine health
    and the integrity of competition and any other matter the
    Authority considers appropriate.
    (2) <>  Report.--Not later than
    three years after the program effective date, the Authority
    shall direct the advisory committee convened under paragraph (1)
    to submit to the Authority a written report on the study
    conducted under that paragraph

    [[Page 3266]]

    that includes recommended changes, if any, to the prohibition in
    subsection (d).
    (3) Modification of prohibition.--
    (A) <>  In
    general.--After receipt of the report required by
    paragraph (2), the Authority may, by unanimous vote of
    the Board of the Authority, modify the prohibition in
    subsection (d) and, notwithstanding subsection (f), any
    such modification shall apply to all States beginning on
    the date that is three years after the program effective
    date.
    (B) Condition.--In order for a unanimous vote
    described in subparagraph (A) to effect a modification
    of the prohibition in subsection (d), the vote must
    include unanimous adoption of each of the following
    findings:
    (i) That the modification is warranted.
    (ii) That the modification is in the best
    interests of horse racing.
    (iii) That furosemide has no performance
    enhancing effect on individual horses.
    (iv) That public confidence in the integrity
    and safety of racing would not be adversely
    affected by the modification.

    (f) Exemption.--
    (1) <>  In general.--
    Except as provided in paragraph (2), only during the three-year
    period beginning on the program effective date, a State racing
    commission may submit to the Authority, at such time and in such
    manner as the Authority may require, a request for an exemption
    from the prohibition in subsection (d) with respect to the use
    of furosemide on covered horses during such period.
    (2) Exceptions.--An exemption under paragraph (1) may not be
    requested for--
    (A) two-year-old covered horses; or
    (B) covered horses competing in stakes races.
    (3) Contents of request.--A request under paragraph (1)
    shall specify the applicable State racing commission's requested
    limitations on the use of furosemide that would apply to the
    State under the horseracing anti-doping and medication control
    program during such period. Such limitations shall be no less
    restrictive on the use and administration of furosemide than the
    restrictions set forth in State's laws and regulations in effect
    as of September 1, 2020.
    (4) Grant of exemption.--Subject to subsection (e)(3), the
    Authority shall grant an exemption requested under paragraph (1)
    for the remainder of such period and shall allow the use of
    furosemide on covered horses in the applicable State, in
    accordance with the requested limitations.

    (g) Baseline Anti-doping and Medication Control Rules.--
    (1) In general.--Subject to paragraph (3), the baseline
    anti-doping and medication control rules described in paragraph
    (2) shall--
    (A) constitute the initial rules of the horseracing
    anti-doping and medication control program; and
    (B) except as exempted pursuant to subsections (e)
    and (f), remain in effect at all times after the program
    effective date.
    (2) Baseline anti-doping medication control rules
    described.--

    [[Page 3267]]

    (A) <>  In general.--The baseline anti-
    doping and medication control rules described in this
    paragraph are the following:
    (i) The lists of permitted and prohibited
    substances (including drugs, medications, and
    naturally occurring substances and synthetically
    occurring substances) in effect for the
    International Federation of Horseracing
    Authorities, including the International
    Federation of Horseracing Authorities
    International Screening Limits for urine, dated
    May 2019, and the International Federation of
    Horseracing Authorities International Screening
    Limits for plasma, dated May 2019.
    (ii) The World Anti-Doping Agency
    International Standard for Laboratories (version
    10.0), dated November 12, 2019.
    (iii) The Association of Racing Commissioners
    International out-of-competition testing
    standards, Model Rules of Racing (version 9.2).
    (iv) The Association of Racing Commissioners
    International penalty and multiple medication
    violation rules, Model Rules of Racing (version
    6.2).
    (B) Conflict of rules.--In the case of a conflict
    among the rules described in subparagraph (A), the most
    stringent rule shall apply.
    (3) Modifications to baseline rules.--
    (A) Development by anti-doping and medication
    control standing committee.--The anti-doping and
    medication control standing committee, in consultation
    with the anti-doping and medication control enforcement
    agency, may develop and submit to the Authority for
    approval by the Authority proposed modifications to the
    baseline anti-doping and medication control rules.
    (B) Authority approval.--If the Authority approves a
    proposed modification under this paragraph, the proposed
    modification shall be submitted to and considered by the
    Commission in accordance with section 1204.
    (C) Anti-doping and medication control enforcement
    agency veto authority.--The Authority shall not approve
    any proposed modification that renders an anti-doping
    and medication control rule less stringent than the
    baseline anti-doping and medication control rules
    described in paragraph (2) (including by increasing
    permitted medication thresholds, adding permitted
    medications, removing prohibited medications, or
    weakening enforcement mechanisms) without the approval
    of the anti-doping and medication control enforcement
    agency.
    SEC. 1207. <>  RACETRACK SAFETY PROGRAM.

    (a) Establishment and Considerations.--
    (1) <>  In general.--Not later than the
    program effective date, and after notice and an opportunity for
    public comment in accordance with section 1204, the Authority
    shall establish a racetrack safety program applicable to all
    covered horses, covered persons, and covered horseraces in
    accordance with the registration of covered persons under
    section 1205(d).
    (2) Considerations in development of safety program.--In the
    development of the horseracing safety program

    [[Page 3268]]

    for covered horses, covered persons, and covered horseraces, the
    Authority and the Commission shall take into consideration
    existing safety standards including the National Thoroughbred
    Racing Association Safety and Integrity Alliance Code of
    Standards, the International Federation of Horseracing
    Authority's International Agreement on Breeding, Racing, and
    Wagering, and the British Horseracing Authority's Equine Health
    and Welfare program.

    (b) Elements of Horseracing Safety Program.--The horseracing safety
    program shall include the following:
    (1) A set of training and racing safety standards and
    protocols taking into account regional differences and the
    character of differing racing facilities.
    (2) A uniform set of training and racing safety standards
    and protocols consistent with the humane treatment of covered
    horses, which may include lists of permitted and prohibited
    practices or methods (such as crop use).
    (3) A racing surface quality maintenance system that--
    (A) takes into account regional differences and the
    character of differing racing facilities; and
    (B) may include requirements for track surface
    design and consistency and established standard
    operating procedures related to track surface,
    monitoring, and maintenance (such as standardized
    seasonal assessment, daily tracking, and measurement).
    (4) A uniform set of track safety standards and protocols,
    that may include rules governing oversight and movement of
    covered horses and human and equine injury reporting and
    prevention.
    (5) Programs for injury and fatality data analysis, that may
    include pre- and post-training and race inspections, use of a
    veterinarian's list, and concussion protocols.
    (6) The undertaking of investigations at racetrack and non-
    racetrack facilities related to safety violations.
    (7) Procedures for investigating, charging, and adjudicating
    violations and for the enforcement of civil sanctions for
    violations.
    (8) A schedule of civil sanctions for violations.
    (9) Disciplinary hearings, which may include binding
    arbitration, civil sanctions, and research.
    (10) Management of violation results.
    (11) Programs relating to safety and performance research
    and education.
    (12) <>  An evaluation and accreditation
    program that ensures that racetracks in the United States meet
    the standards described in the elements of the Horseracing
    Safety Program.

    (c) Activities.--The following activities shall be carried out under
    the racetrack safety program:
    (1) Standards for racetrack safety.--The development, by the
    racetrack safety standing committee of the Authority in section
    1203(c)(2) of uniform standards for racetrack and horseracing
    safety.
    (2) Standards for safety and performance accreditation.--
    (A) <>  In general.--Not later than
    120 days before the program effective date, the
    Authority, in consultation with

    [[Page 3269]]

    the racetrack safety standing committee, shall issue, by
    rule in accordance with section 1204--
    (i) safety and performance standards of
    accreditation for racetracks; and
    (ii) the process by which a racetrack may
    achieve and maintain accreditation by the
    Authority.
    (B) Modifications.--
    (i) In general.--The Authority may modify
    rules establishing the standards issued under
    subparagraph (A), as the Authority considers
    appropriate.
    (ii) <>
    Notice and comment.--The Commission shall publish
    in the Federal Register any proposed rule of the
    Authority, and provide an opportunity for public
    comment with respect to, any modification under
    clause (i) in accordance with section 1204.
    (C) Extension of provisional or interim
    accreditation.--The Authority may, by rule in accordance
    with section 1204, extend provisional or interim
    accreditation to a racetrack accredited by the National
    Thoroughbred Racing Association Safety and Integrity
    Alliance on a date before the program effective date.
    (3) Nationwide safety and performance database.--
    (A) In general.--Not later than one year after the
    program effective date, and after notice and an
    opportunity for public comment in accordance with
    section 1204, the Authority, in consultation with the
    Commission, shall develop and maintain a nationwide
    database of racehorse safety, performance, health, and
    injury information for the purpose of conducting an
    epidemiological study.
    (B) Collection of information.--In accordance with
    the registration of covered persons under section
    1205(d), the Authority may require covered persons to
    collect and submit to the database described in
    subparagraph (A) such information as the Authority may
    require to further the goal of increased racehorse
    welfare.
    SEC. 1208. <>  RULE VIOLATIONS AND CIVIL
    SANCTIONS.

    (a) Description of Rule Violations.--
    (1) In general.--The Authority shall issue, by rule in
    accordance with section 1204, a description of safety,
    performance, and anti-doping and medication control rule
    violations applicable to covered horses and covered persons.
    (2) Elements.--The description of rule violations
    established under paragraph (1) may include the following:
    (A) With respect to a covered horse, strict
    liability for covered trainers for--
    (i) the presence of a prohibited substance or
    method in a sample or the use of a prohibited
    substance or method;
    (ii) the presence of a permitted substance in
    a sample in excess of the amount allowed by the
    horseracing anti-doping and medication control
    program; and
    (iii) the use of a permitted method in
    violation of the applicable limitations
    established under the horseracing anti-doping and
    medication control program.

    [[Page 3270]]

    (B) Attempted use of a prohibited substance or
    method on a covered horse.
    (C) Possession of any prohibited substance or
    method.
    (D) Attempted possession of any prohibited substance
    or method.
    (E) Administration or attempted administration of
    any prohibited substance or method on a covered horse.
    (F) Refusal or failure, without compelling
    justification, to submit a covered horse for sample
    collection.
    (G) Failure to cooperate with the Authority or an
    agent of the Authority during any investigation.
    (H) Failure to respond truthfully, to the best of a
    covered person's knowledge, to a question of the
    Authority or an agent of the Authority with respect to
    any matter under the jurisdiction of the Authority.
    (I) Tampering or attempted tampering with the
    application of the safety, performance, or anti-doping
    and medication control rules or process adopted by the
    Authority, including--
    (i) the intentional interference, or an
    attempt to interfere, with an official or agent of
    the Authority;
    (ii) the procurement or the provision of
    fraudulent information to the Authority or agent;
    and
    (iii) the intimidation of, or an attempt to
    intimidate, a potential witness.
    (J) Trafficking or attempted trafficking in any
    prohibited substance or method.
    (K) Assisting, encouraging, aiding, abetting,
    conspiring, covering up, or any other type of
    intentional complicity involving a safety, performance,
    or anti-doping and medication control rule violation or
    the violation of a period of suspension or eligibility.
    (L) Threatening or seeking to intimidate a person
    with the intent of discouraging the person from the good
    faith reporting to the Authority, an agent of the
    Authority or the Commission, or the anti-doping and
    medication control enforcement agency under section
    1205(e), of information that relates to--
    (i) an alleged safety, performance, or anti-
    doping and medication control rule violation; or
    (ii) alleged noncompliance with a safety,
    performance, or anti-doping and medication control
    rule.

    (b) Testing Laboratories.--
    (1) <>  Accreditation and standards.--Not
    later than 120 days before the program effective date, the
    Authority shall, in consultation with the anti-doping and
    medication control enforcement agency, establish, by rule in
    accordance with section 1204--
    (A) standards of accreditation for laboratories
    involved in testing samples from covered horses;
    (B) the process for achieving and maintaining
    accreditation; and
    (C) the standards and protocols for testing such
    samples.
    (2) Administration.--The accreditation of laboratories and
    the conduct of audits of accredited laboratories to ensure
    compliance with Authority rules shall be administered by the
    anti-

    [[Page 3271]]

    doping and medication control enforcement agency. The anti-
    doping and medication control enforcement agency shall have the
    authority to require specific test samples to be directed to and
    tested by laboratories having special expertise in the required
    tests.
    (3) Extension of provisional or interim accreditation.--The
    Authority may, by rule in accordance with section 1204, extend
    provisional or interim accreditation to a laboratory accredited
    by the Racing Medication and Testing Consortium, Inc., on a date
    before the program effective date.
    (4) Selection of laboratories.--
    (A) In general.--Except as provided in paragraph
    (2), a State racing commission may select a laboratory
    accredited in accordance with the standards established
    under paragraph (1) to test samples taken in the
    applicable State.
    (B) Selection by the authority.--If a State racing
    commission does not select an accredited laboratory
    under subparagraph (A), the Authority shall select such
    a laboratory to test samples taken in the State
    concerned.

    (c) Results Management and Disciplinary Process.--
    (1) <>  In general.--Not later than 120
    days before the program effective date, the Authority shall
    establish in accordance with section 1204--
    (A) rules for safety, performance, and anti-doping
    and medication control results management; and
    (B) the disciplinary process for safety,
    performance, and anti-doping and medication control rule
    violations.
    (2) Elements.--The rules and process established under
    paragraph (1) shall include the following:
    (A) Provisions for notification of safety,
    performance, and anti-doping and medication control rule
    violations.
    (B) Hearing procedures.
    (C) Standards for burden of proof.
    (D) Presumptions.
    (E) Evidentiary rules.
    (F) Appeals.
    (G) Guidelines for confidentiality and public
    reporting of decisions.
    (3) Due process.--The rules established under paragraph (1)
    shall provide for adequate due process, including impartial
    hearing officers or tribunals commensurate with the seriousness
    of the alleged safety, performance, or anti-doping and
    medication control rule violation and the possible civil
    sanctions for such violation.

    (d) Civil Sanctions.--
    (1) In general.--The Authority shall establish uniform
    rules, in accordance with section 1204, imposing civil sanctions
    against covered persons or covered horses for safety,
    performance, and anti-doping and medication control rule
    violations.
    (2) Requirements.--The rules established under paragraph (1)
    shall--
    (A) take into account the unique aspects of
    horseracing;
    (B) be designed to ensure fair and transparent
    horseraces; and
    (C) deter safety, performance, and anti-doping and
    medication control rule violations.

    [[Page 3272]]

    (3) Severity.--The civil sanctions under paragraph (1) may
    include--
    (A) lifetime bans from horseracing, disgorgement of
    purses, monetary fines and penalties, and changes to the
    order of finish in covered races; and
    (B) with respect to anti-doping and medication
    control rule violators, an opportunity to reduce the
    applicable civil sanctions that is comparable to the
    opportunity provided by the Protocol for Olympic
    Movement Testing of the United States Anti-Doping
    Agency.

    (e) Modifications.--The Authority may propose a modification to any
    rule established under this section as the Authority considers
    appropriate, and the proposed modification shall be submitted to and
    considered by the Commission in accordance with section 1204.
    SEC. 1209. <>  REVIEW OF FINAL DECISIONS OF
    THE AUTHORITY.

    (a) Notice of Civil Sanctions.-- If the Authority imposes a final
    civil sanction for a violation committed by a covered person pursuant to
    the rules or standards of the Authority, the Authority shall promptly
    submit to the Commission notice of the civil sanction in such form as
    the Commission may require.
    (b) Review by Administrative Law Judge.--
    (1) <>  In general.--With respect to a
    final civil sanction imposed by the Authority, on application by
    the Commission or a person aggrieved by the civil sanction filed
    not later than 30 days after the date on which notice under
    subsection (a) is submitted, the civil sanction shall be subject
    to de novo review by an administrative law judge.
    (2) Nature of review.--
    (A) <>  In general.--In
    matters reviewed under this subsection, the
    administrative law judge shall determine whether--
    (i) a person has engaged in such acts or
    practices, or has omitted such acts or practices,
    as the Authority has found the person to have
    engaged in or omitted;
    (ii) such acts, practices, or omissions are in
    violation of this Act or the anti-doping and
    medication control or racetrack safety rules
    approved by the Commission; or
    (iii) the final civil sanction of the
    Authority was arbitrary, capricious, an abuse of
    discretion, or otherwise not in accordance with
    law.
    (B) Conduct of hearing.--An administrative law judge
    shall conduct a hearing under this subsection in such a
    manner as the Commission may specify by rule, which
    shall conform to section 556 of title 5, United States
    Code.
    (3) Decision by administrative law judge.--
    (A) In general.--With respect to a matter reviewed
    under this subsection, an administrative law judge--
    (i) <>  shall render a
    decision not later than 60 days after the
    conclusion of the hearing;
    (ii) may affirm, reverse, modify, set aside,
    or remand for further proceedings, in whole or in
    part, the final civil sanction of the Authority;
    and

    [[Page 3273]]

    (iii) may make any finding or conclusion that,
    in the judgment of the administrative law judge,
    is proper and based on the record.
    (B) Final decision.--A decision under this paragraph
    shall constitute the decision of the Commission without
    further proceedings unless a notice or an application
    for review is timely filed under subsection (c).

    (c) Review by Commission.--
    (1) Notice of review by commission.--The Commission may, on
    its own motion, review any decision of an administrative law
    judge issued under subsection (b)(3) by providing written notice
    to the Authority and any interested party not later than 30 days
    after the date on which the administrative law judge issues the
    decision.
    (2) Application for review.--
    (A) In general.--The Authority or a person aggrieved
    by a decision issued under subsection (b)(3) may
    petition the Commission for review of such decision by
    filing an application for review not later than 30 days
    after the date on which the administrative law judge
    issues the decision.
    (B) Effect of denial of application for review.--If
    an application for review under subparagraph (A) is
    denied, the decision of the administrative law judge
    shall constitute the decision of the Commission without
    further proceedings.
    (C) Discretion of commission.--
    (i) In general.--A decision with respect to
    whether to grant an application for review under
    subparagraph (A) is subject to the discretion of
    the Commission.
    (ii) <>  Matters to be
    considered.--In determining whether to grant such
    an application for review, the Commission shall
    consider whether the application makes a
    reasonable showing that--
    (I) a prejudicial error was
    committed in the conduct of the
    proceeding; or
    (II) the decision involved--
    (aa) an erroneous
    application of the anti-doping
    and medication control or
    racetrack safety rules approved
    by the Commission; or
    (bb) an exercise of
    discretion or a decision of law
    or policy that warrants review
    by the Commission.
    (3) Nature of review.--
    (A) In general.--In matters reviewed under this
    subsection, the Commission may--
    (i) affirm, reverse, modify, set aside, or
    remand for further proceedings, in whole or in
    part, the decision of the administrative law
    judge; and
    (ii) make any finding or conclusion that, in
    the judgement of the Commission, is proper and
    based on the record.
    (B) De novo review.--The Commission shall review de
    novo the factual findings and conclusions of law made by
    the administrative law judge.
    (C) Consideration of additional evidence.--

    [[Page 3274]]

    (i) Motion by commission.--The Commission may,
    on its own motion, allow the consideration of
    additional evidence.
    (ii) Motion by a party.--
    (I) In general.--A party may file a
    motion to consider additional evidence
    at any time before the issuance of a
    decision by the Commission, which shall
    show, with particularity, that--
    (aa) such additional
    evidence is material; and
    (bb) there were reasonable
    grounds for failure to submit
    the evidence previously.
    (II) Procedure.--The Commission
    may--
    (aa) accept or hear
    additional evidence; or
    (bb) remand the proceeding
    to the administrative law judge
    for the consideration of
    additional evidence.

    (d) Stay of Proceedings.--Review by an administrative law judge or
    the Commission under this section shall not operate as a stay of a final
    civil sanction of the Authority unless the administrative law judge or
    Commission orders such a stay.
    SEC. 1210. <>  UNFAIR OR DECEPTIVE ACTS OR
    PRACTICES.

    The sale of a covered horse, or of any other horse in anticipation
    of its future participation in a covered race, shall be considered an
    unfair or deceptive act or practice in or affecting commerce under
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if
    the seller--
    (1) knows or has reason to know the horse has been
    administered--
    (A) a bisphosphonate prior to the horse's fourth
    birthday; or
    (B) <>  any other substance or
    method the Authority determines has a long-term
    degrading effect on the soundness of the covered horse;
    and
    (2) fails to disclose to the buyer the administration of the
    bisphosphonate or other substance or method described in
    paragraph (1)(B).
    SEC. 1211. <>  STATE DELEGATION; COOPERATION.

    (a) State Delegation.--
    (1) <>  In general.--The
    Authority may enter into an agreement with a State racing
    commission to implement, within the jurisdiction of the State
    racing commission, a component of the racetrack safety program
    or, with the concurrence of the anti-doping and medication
    control enforcement agency under section 1205(e), a component of
    the horseracing anti-doping and medication control program, if
    the Authority determines that the State racing commission has
    the ability to implement such component in accordance with the
    rules, standards, and requirements established by the Authority.
    (2) Implementation by state racing commission.--A State
    racing commission or other appropriate regulatory body of a
    State may not implement such a component in a manner less
    restrictive than the rule, standard, or requirement established
    by the Authority.

    [[Page 3275]]

    (b) Cooperation.--To avoid duplication of functions, facilities, and
    personnel, and to attain closer coordination and greater effectiveness
    and economy in administration of Federal and State law, where conduct by
    any person subject to the horseracing medication control program or the
    racetrack safety program may involve both a medication control or
    racetrack safety rule violation and violation of Federal or State law,
    the Authority and Federal or State law enforcement authorities shall
    cooperate and share information.
    SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with
    the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the Congressional
    Record by the Chairman of the House Budget Committee, provided that such
    statement has been submitted prior to the vote on passage.

    TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS

    SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.

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

    TITLE XIV--COVID-19 CONSUMER PROTECTION ACT

    SEC. 1401. <>  PROHIBITING DECEPTIVE ACTS OR
    PRACTICES IN CONNECTION WITH THE NOVEL
    CORONAVIRUS.

    (a) Short Title.--This section may be cited as the ``COVID-19
    Consumer Protection Act''.
    (b) In General.--For the duration of a public health emergency
    declared pursuant to section 319 of the Public Health Service Act (42
    U.S.C. 247d) as a result of confirmed cases of the 2019 novel
    coronavirus (COVID-19), including any renewal thereof, it shall be
    unlawful for any person, partnership, or corporation to engage in a
    deceptive act or practice in or affecting commerce in violation of
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that
    is associated with--

    [[Page 3276]]

    (1) the treatment, cure, prevention, mitigation, or
    diagnosis of COVID-19; or
    (2) a government benefit related to COVID-19.

    (c) Enforcement by the Federal Trade Commission.--
    (1) Violation.--A violation of subsection (b) shall be
    treated as a violation of a rule defining an unfair or deceptive
    act or practice prescribed under section 18(a)(1)(B) of the
    Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (2) Powers of the federal trade commission.--
    (A) In general.--The Federal Trade Commission shall
    enforce subsection (b) in the same manner, by the same
    means, and with the same jurisdiction, powers, and
    duties as though all applicable terms and provisions of
    the Federal Trade Commission Act (15 U.S.C. 41 et seq.)
    were incorporated into and made a part of this Act.
    (B) Privileges and immunities.--Any person who
    violates this Act shall be subject to the penalties and
    entitled to the privileges and immunities provided in
    the Federal Trade Commission Act.
    (3) Effect on other laws.--Nothing in this Act shall be
    construed to limit the authority of the Federal Trade Commission
    under any other provision of law.

    (d) Severability.--If any provision of this Act, or the application
    thereof to any person or circumstance, is held invalid, the remainder of
    this Act and the application of such provision to other persons not
    similarly situated or to other circumstances shall not be affected by
    the invalidation.

    TITLE XV--AMERICAN <>  COMPETE ACT
    SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE EMERGING
    TECH ECONOMY.

    (a) Short Title.--This title may be cited as the ``American
    Competitiveness Of a More Productive Emerging Tech Economy Act'' or the
    ``American COMPETE Act''.
    (b) Study to Advance Artificial Intelligence.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Secretary of Commerce and the Federal Trade Commission
    shall complete a study on the state of the artificial
    intelligence industry and the impact of such industry on
    the United States economy.
    (B) Requirements for study.--In conducting the
    study, the Secretary and the Commission shall--
    (i) <>  develop and
    conduct a survey of the artificial intelligence
    industry through outreach to participating
    entities as appropriate to--
    (I) establish a list of industry
    sectors that implement and promote the
    use of artificial intelligence;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use of
    artificial intelligence, as well as
    industry-based bodies, including
    international bodies, which have
    developed, or are developing, mandatory
    or voluntary standards for artificial
    intelligence;

    [[Page 3277]]

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

    [[Page 3278]]

    (ii) develop a national strategy to advance
    the United States business sectors' position in
    the world on the adoption of artificial
    intelligence;
    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of artificial intelligence; and
    (iv) develop legislation that--
    (I) advances the expeditious
    adoption of artificial intelligence
    applications in interstate commerce that
    takes into account findings from
    available Federal advisory committees
    that produce recommendations on
    artificial intelligence to the extent
    possible; and
    (II) addresses societal priorities
    related to the expeditious adoption of
    artificial intelligence applications in
    interstate commerce, including but not
    limited to maintaining ethics, reducing
    bias, and protecting privacy and
    security.

    (c) Study to Advance Internet of Things in Manufacturing.--
    (1) In general.--
    (A) <>  Study
    required.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of Commerce, in
    coordination with the head of any other appropriate
    Federal agency, shall complete a study on the use of
    internet-connected devices and internet-connected
    solutions in manufacturing in the United States.
    (B) Requirements for study.--In conducting the
    study, the Secretary shall--
    (i) <>  develop and
    conduct a survey of the manufacturing industry
    through outreach to participating entities as
    appropriate to--
    (I) establish a list of the industry
    sectors that implement and promote the
    use of internet-connected devices and
    internet-connected solutions in
    manufacturing;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use of
    internet-connected devices and internet-
    connected solutions in manufacturing, as
    well as industry-based bodies, including
    international bodies, that have
    developed, or are developing, mandatory
    or voluntary standards for such uses;
    (III) the status of such industry-
    based mandatory or voluntary standards;
    (IV) provide a description of the
    ways entities or industry sectors
    implement and promote the use of
    internet-connected devices and internet-
    connected solutions in manufacturing;
    (ii) <>  develop a comprehensive
    list of Federal agencies with jurisdiction over
    the entities and industry sectors identified under
    clause (i);
    (iii) identify which Federal agency or
    agencies listed under clause (ii) each entity or
    industry sector interacts with;
    (iv) identify all interagency activities that
    are taking place among the Federal agencies listed
    under

    [[Page 3279]]

    clause (ii), such as working groups or other
    coordinated efforts;
    (v) develop a brief description of the
    jurisdiction and expertise of the Federal agencies
    listed under clause (ii) with regard to such
    entities and industry sectors;
    (vi) identify all regulations, guidelines,
    mandatory standards, voluntary standards, and
    other policies implemented by each of the Federal
    agencies identified under clause (ii), as well as
    all guidelines, mandatory standards, voluntary
    standards, and other policies implemented by
    industry-based bodies; and
    (vii) identify Federal Government resources
    that exist for consumers and small businesses to
    evaluate the use of internet-connected devices and
    internet-connected solutions in manufacturing.
    (2) Marketplace and supply chain survey.--The Secretary
    shall conduct a survey of the marketplace and supply chain of
    internet-connected devices and internet-connected solutions used
    in manufacturing to--
    (A) <>  assess the severity of
    risks posed to such marketplace and supply chain;
    (B) <>  review the ability of foreign
    governments or third parties to exploit the supply chain
    in a manner that raises risks to the economic and
    national security of the United States; and
    (C) identify emerging risks and long-term trends in
    such marketplace and supply chain.
    (3) <>  Report to
    congress.--Not later than 6 months after the completion of the
    study required pursuant to paragraph (1), the Secretary shall
    submit to the Committee on Energy and Commerce and the Committee
    on Science, Space, and Technology of the House of
    Representatives, and the Committee on Commerce, Science, and
    Transportation of the Senate, and make publicly available on the
    website of the Department of Commerce, a report that contains--
    (A) the results of the study conducted pursuant to
    paragraph (1) and the surveys conducted pursuant to
    paragraph (2); and
    (B) <>
    recommendations to--
    (i) grow the United States economy through the
    secure advancement of the use of internet-
    connected devices and internet-connected solutions
    in manufacturing;
    (ii) develop a national strategy to advance
    the United States business sectors' position in
    the world on the adoption of internet-connected
    devices and internet-connected solutions used in
    manufacturing;
    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of internet-connected devices and internet-
    connected solutions used in manufacturing;
    (iv) develop policies that States can adopt to
    encourage the growth of manufacturing, including
    the use of internet-connected devices and
    internet-connected solutions in manufacturing; and

    [[Page 3280]]

    (v) develop legislation that may advance the
    expeditious adoption of the use of internet-
    connected devices and internet-connected solutions
    in manufacturing.

    (d) Study to Advance Quantum Computing.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Secretary of Commerce and the Federal Trade Commission
    shall complete a study on the state of the quantum
    computing industry and the impact of such industry on
    the United States economy.
    (B) Requirements for study.--In conducting the
    study, the Secretary and the Commission shall--
    (i) develop and conduct a survey of the
    quantum computing industry through outreach to
    participating entities as appropriate to--
    (I) <>
    establish a list of industry sectors
    that implement and promote the use of
    quantum computing;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use of
    quantum computing, as well as industry-
    based bodies, including international
    bodies, which have developed, or are
    developing, mandatory or voluntary
    standards for quantum computing;
    (III) the status of such industry-
    based mandatory or voluntary standards;
    and
    (IV) provide a description of the
    ways entities or industry sectors
    implement and promote the use of quantum
    computing;
    (ii) <>  develop a comprehensive
    list of Federal agencies with jurisdiction over
    the entities and industry sectors identified under
    clause (i);
    (iii) identify which Federal agency or
    agencies listed under clause (ii) each entity or
    industry sector interacts with;
    (iv) identify all interagency activities that
    are taking place among the Federal agencies listed
    under clause (ii), such as working groups or other
    coordinated efforts;
    (v) develop a brief description of the
    jurisdiction and expertise of the Federal agencies
    listed under clause (ii) with regard to such
    entities and industry sectors;
    (vi) identify all regulations, guidelines,
    mandatory standards, voluntary standards, and
    other policies implemented by each of the Federal
    agencies identified under clause (ii), as well as
    all guidelines, mandatory standards, voluntary
    standards, and other policies implemented by
    industry-based bodies;
    (vii) identify Federal Government resources
    that exist for consumers and small businesses to
    evaluate the use of quantum computing; and
    (viii) <>  consult with
    the Office of Science and Technology Policy and
    interagency efforts on quantum authorized by
    sections 102 and 103 of the National

    [[Page 3281]]

    Quantum Initiative Act (Public Law 115-368) to
    minimize duplication of activities in this
    subparagraph among the Federal agencies listed
    under clause (ii).
    (2) Marketplace and supply chain survey.--The Secretary and
    Commission shall conduct a survey of the marketplace and supply
    chain of quantum computing to--
    (A) <>  assess the severity of
    risks posed to such marketplace and supply chain;
    (B) <>  review the ability of foreign
    governments or third parties to exploit the supply chain
    in a manner that raises risks to the economic and
    national security of the United States; and
    (C) identify emerging risks and long-term trends in
    such marketplace and supply chain.
    (3) <>  Report to
    congress.--Not later than 6 months after the completion of the
    study required pursuant to paragraph (1), the Secretary and the
    Commission shall submit to the Committee on Energy and Commerce
    and the Committee on Science, Space, and Technology of the House
    of Representatives, and the Committee on Commerce, Science, and
    Transportation of the Senate, and make publicly available on
    their respective websites, a report that contains--
    (A) the results of the study conducted pursuant to
    paragraph (1) and the survey conducted pursuant to
    paragraph (2); and
    (B) <>
    recommendations to--
    (i) grow the United States economy through the
    secure advancement of quantum computing;
    (ii) develop a national strategy to advance
    the United States business sectors' position in
    the world on the adoption of quantum computing;
    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of quantum computing; and
    (iv) develop legislation that may advance the
    expeditious adoption of quantum computing.

    (e) Study to Advance Blockchain Technology.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Secretary of Commerce and the Federal Trade Commission
    shall complete a study on the state of the blockchain
    technology industry and the impact of such industry on
    the United States economy.
    (B) Requirements for study.--In conducting the
    study, the Secretary and the Commission shall--
    (i) <>  develop and
    conduct a survey of the blockchain technology
    industry through outreach to participating
    entities as appropriate to--
    (I) establish a list of industry
    sectors that implement and promote the
    use of blockchain technology;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use of
    blockchain technology, as well as
    industry-based bodies, including
    international bodies, which have
    developed, or are developing, mandatory
    or voluntary standards for blockchain
    technology;

    [[Page 3282]]

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

    [[Page 3283]]

    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of blockchain technology; and
    (iv) develop legislation that may advance the
    expeditious adoption of blockchain technology.

    (f) Study to Advance New and Advanced Materials.--
    (1) In general.--
    (A) <>  Study
    required.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of Commerce and the
    Federal Trade Commission, in coordination with the head
    of any other appropriate Federal agency, shall complete
    a study on the state of new and advanced materials
    industry, including synthetically derived or enhanced
    natural properties, and the impact of such industry on
    the United States economy.
    (B) Requirements for study.--In conducting the
    study, the Secretary and the Commission shall--
    (i) <>  develop and
    conduct a survey of the new and advanced materials
    industry through outreach to participating
    entities as appropriate to--
    (I) establish a list of industry
    sectors that implement and promote the
    use of new and advanced materials;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use of new
    and advanced materials, as well as
    industry-based bodies, including
    international bodies, which have
    developed, or are developing, mandatory
    or voluntary standards for new and
    advanced materials;
    (III) the status of such industry-
    based mandatory or voluntary standards;
    and
    (IV) provide a description of the
    ways entities or industry sectors
    implement and promote the use of new and
    advanced materials;
    (ii) <>  develop a comprehensive
    list of Federal agencies with jurisdiction over
    the entities and industry sectors identified under
    clause (i);
    (iii) identify which Federal agency or
    agencies listed under clause (ii) each entity or
    industry sector interacts with;
    (iv) identify all interagency activities that
    are taking place among the Federal agencies listed
    under clause (ii), such as working groups or other
    coordinated efforts;
    (v) develop a brief description of the
    jurisdiction and expertise of the Federal agencies
    listed under clause (ii) with regard to such
    entities and industry sectors;
    (vi) identify all regulations, guidelines,
    mandatory standards, voluntary standards, and
    other policies implemented by each of the Federal
    agencies identified under clause (ii), as well as
    all guidelines, mandatory standards, voluntary
    standards, and other policies implemented by
    industry-based bodies; and

    [[Page 3284]]

    (vii) identify Federal Government resources
    that exist for consumers and small businesses to
    evaluate the use of new and advanced materials.
    (2) Marketplace and supply chain survey.--The Secretary and
    Commission shall conduct a survey of the marketplace and supply
    chain of new and advanced materials to--
    (A) <>  assess the severity of
    risks posed to such marketplace and supply chain;
    (B) <>  review the ability of foreign
    governments or third parties to exploit the supply chain
    in a manner that raises risks to the economic and
    national security of the United States; and
    (C) identify emerging risks and long-term trends in
    such marketplace and supply chain.
    (3) <>  Report to
    congress.--Not later than 6 months after the completion of the
    study required pursuant to paragraph (1), the Secretary and the
    Commission shall submit to the Committee on Energy and Commerce
    and the Committee on Science, Space, and Technology of the House
    of Representatives, and the Committee on Commerce, Science, and
    Transportation of the Senate, and make publicly available on
    their respective websites, a report that contains--
    (A) the results of the study conducted pursuant to
    paragraph (1) and the survey conducted pursuant to
    paragraph (2); and
    (B) <>  recommendations
    to--
    (i) grow the United States economy through the
    secure advancement of new and advanced materials;
    (ii) develop a national strategy to advance
    the United States business sectors' position in
    the world on the adoption of new and advanced
    materials;
    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of new and advanced materials; and
    (iv) develop legislation that may advance the
    expeditious adoption of new and advanced
    materials.

    (g) Study to Advance Unmanned Delivery Services.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Secretary of Commerce, in coordination with the head of
    any other appropriate Federal agency, shall complete a
    study on the impact of unmanned delivery services on
    United States businesses conducting interstate commerce.
    (B) Requirements for study.--In conducting the
    study, the Secretary shall do the following:
    (i) Conduct a survey through outreach to
    participating entities to--
    (I) <>  establish a
    list of the industry sectors that
    develop and use unmanned delivery
    services, including the use of
    autonomous vehicles, drones, and robots;
    (II) <>  review how
    unmanned delivery services are currently
    being used and any potential future
    applications of such services;
    (III) identify any challenges to the
    development and adoption of unmanned
    delivery services;

    [[Page 3285]]

    (IV) <>  review how
    such services may be used to--
    (aa) deliver groceries,
    meals, medications, and other
    necessities to senior citizens,
    people with disabilities, and
    people without access to
    traditional public
    transportation;
    (bb) address challenges
    public health emergencies
    present, including delivering
    groceries, meals, medications,
    medical supplies, and other
    necessities during such
    emergencies; and
    (cc) any other potential use
    of such services;
    (V) identify any safety risks
    associated with the adoption of unmanned
    delivery services on roads, in the air,
    or other environments, including any
    dangers posed to pedestrians,
    bicyclists, motorcyclists, motorists, or
    property;
    (VI) identify the effect of unmanned
    delivery services on traffic safety and
    congestion;
    (VII) <>
    evaluate the extent to which software,
    technology, and infrastructure behind
    unmanned delivery services are developed
    and manufactured in the United States;
    (VIII) identify the number and types
    of jobs that may be lost or
    substantially changed due to the
    development and adoption of unmanned
    delivery services;
    (IX) identify the number and types
    of jobs that may be created due to the
    development and adoption of unmanned
    delivery services; and
    (X) <>  evaluate
    the effect of the adoption unmanned
    delivery services on job quality for
    low, middle, and high-skilled workers.
    (ii) Develop and conduct a survey of Federal
    activity related to unmanned delivery services
    to--
    (I) establish a list of Federal
    agencies asserting jurisdiction over
    industry sectors identified under clause
    (i)(II);
    (II) develop a brief description of
    the jurisdiction and expertise of the
    Federal agencies regarding unmanned
    delivery services; and
    (III) identify all interagency
    activities regarding unmanned delivery
    services.
    (iii) Conduct a survey of the marketplace and
    supply chain of unmanned delivery services to--
    (I) <>  assess
    the severity of risks posed to such
    marketplace and supply chain;
    (II) <>  review the
    ability of foreign governments or third
    parties to exploit such supply chain in
    a manner that raises risks to the
    economic and national security of the
    United States; and
    (III) identify emerging risks and
    long-term trends in such marketplace and
    supply chain.
    (C) <>  Report to congress.--Not later than 6 months
    after the completion of the study required pursuant to
    paragraph (1), the Secretary, in coordination with the
    head

    [[Page 3286]]

    of any other appropriate Federal agency, shall submit to
    the Committee on Energy and Commerce and the Committee
    on Science, Space, and Technology of the House of
    Representatives, and the Committee on Commerce, Science,
    and Transportation of the Senate, and make publicly
    available on the website of the Department of Commerce,
    a report that contains--
    (i) the results of the study conducted under
    paragraph (1); and
    (ii) <>
    recommendations to--
    (I) develop and implement a
    comprehensive plan to promote the
    development and adoption of unmanned
    delivery services in the United States;
    (II) develop policies that States
    can adopt to encourage the development
    and adoption of unmanned delivery
    services;
    (III) develop a national strategy to
    advance the United States position in
    the world on the development and
    adoption of unmanned delivery services,
    and manufacture of technology behind
    unmanned delivery services;
    (IV) develop strategies to mitigate
    current and emerging risks to the
    marketplace and supply chain of unmanned
    delivery services; and
    (V) develop legislation to
    accomplish such recommendations.

    (h) Study to Advance Internet of Things.--
    (1) Study.--The Secretary of Commerce shall conduct a study
    on the state of the internet-connected devices industry
    (commonly known as the ``Internet of Things'') in the United
    States. In conducting the study, the Secretary shall--
    (A) <>  develop and conduct a
    survey of the internet-connected devices industry
    through outreach to participating entities as
    appropriate, including--
    (i) a list of the industry sectors that
    develop internet-connected devices;
    (ii) a list of public-private partnerships
    focused on promoting the adoption and use of
    internet-connected devices, as well as industry-
    based bodies, including international bodies,
    which have developed, or are developing, mandatory
    or voluntary standards for internet-connected
    devices;
    (iii) the status of the industry-based
    mandatory or voluntary standards identified in
    clause (ii); and
    (iv) a description of the ways entities or
    industry sectors develop, use, or promote the use
    of internet-connected devices;
    (B) <>  develop a comprehensive list of
    Federal agencies with jurisdiction over the entities and
    industry sectors identified under subparagraph (A);
    (C) identify which Federal agency or agencies listed
    under subparagraph (B) each entity or industry sector
    interacts with;

    [[Page 3287]]

    (D) identify all interagency activities that are
    taking place among the Federal agencies listed under
    subparagraph (B), such as working groups or other
    coordinated efforts;
    (E) develop a brief description of the jurisdiction
    and expertise of the Federal agencies listed under
    subparagraph (B) with regard to such entities and
    industry sectors;
    (F) identify all regulations, guidelines, mandatory
    standards, voluntary standards, and other policies
    implemented by each of the Federal agencies identified
    under subparagraph (B), as well as all guidelines,
    mandatory standards, voluntary standards, and other
    policies implemented by industry-based bodies; and
    (G) identify Federal Government resources that exist
    for consumers and small businesses to evaluate internet-
    connected devices.
    (2) <>  Report to
    congress.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy
    and Commerce and the Committee on Science, Space, and Technology
    of the House of Representatives, and the Committee on Commerce,
    Science, and Transportation of the Senate, and make publicly
    available on the website of the Department of Commerce, a report
    that contains--
    (A) the results of the study conducted under
    paragraph (1); and
    (B) <>  recommendations of
    the Secretary for growth of the United States economy
    through the secure advancement of internet-connected
    devices.
    (3) Definitions.--In this subsection--
    (A) the term ``Federal agency'' means an agency, as
    defined in section 551 of title 5, United States Code;
    and
    (B) the term ``internet-connected device'' means a
    physical object that--
    (i) is capable of connecting to the internet,
    either directly or indirectly through a network,
    to communicate information at the direction of an
    individual; and
    (ii) has computer processing capabilities for
    collecting, sending, receiving, or analyzing data.

    (i) Study to Advance Three-dimensional Printing.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Secretary of Commerce, in coordination with the head of
    any other appropriate Federal agency, shall complete a
    study on the state of the three-dimensional printing
    industry and the impact of such industry on the United
    States economy.
    (B) Requirements for study.--In conducting the
    study, the Secretary shall--
    (i) <>  develop and
    conduct a survey of the three-dimensional printing
    industry through outreach to participating
    entities as appropriate to--
    (I) establish a list of industry
    sectors that implement and promote the
    use of three-dimensional printing;
    (II) establish a list of public-
    private partnerships focused on
    promoting the adoption and use

    [[Page 3288]]

    of three-dimensional printing, as well
    as industry-based bodies, including
    international bodies, which have
    developed, or are developing, mandatory
    or voluntary standards for three-
    dimensional printing;
    (III) the status of such industry-
    based mandatory or voluntary standards;
    and
    (IV) provide a description of the
    ways entities or industry sectors
    implement and promote the use of three-
    dimensional printing;
    (ii) <>  develop a comprehensive
    list of Federal agencies with jurisdiction over
    the entities and industry sectors identified under
    clause (i);
    (iii) identify which Federal agency or
    agencies listed under clause (ii) each entity or
    industry sector interacts with;
    (iv) identify all interagency activities that
    are taking place among the Federal agencies listed
    under clause (ii), such as working groups or other
    coordinated efforts;
    (v) develop a brief description of the
    jurisdiction and expertise of the Federal agencies
    listed under clause (ii) with regard to such
    entities and industry sectors;
    (vi) identify all regulations, guidelines,
    mandatory standards, voluntary standards, and
    other policies implemented by each of the Federal
    agencies identified under clause (ii), as well as
    all guidelines, mandatory standards, voluntary
    standards, and other policies implemented by
    industry-based bodies; and
    (vii) identify Federal Government resources
    that exist for consumers and small businesses to
    evaluate the use of three-dimensional printing.
    (2) Marketplace and supply chain survey.--The Secretary
    shall conduct a survey of the marketplace and supply chain of
    three-dimensional printing to--
    (A) <>  assess the severity of
    risks posed to such marketplace and supply chain;
    (B) <>  review the ability of foreign
    governments or third parties to exploit the supply chain
    in a manner that raises risks to the economic and
    national security of the United States; and
    (C) identify emerging risks and long-term trends in
    such marketplace and supply chain.
    (3) <>  Report to
    congress.--Not later than 6 months after the completion of the
    study required pursuant to paragraph (1), the Secretary shall
    submit to the Committee on Energy and Commerce and the Committee
    on Science, Space, and Technology of the House of
    Representatives, and the Committee on Commerce, Science, and
    Transportation of the Senate, and make publicly available on the
    website of the Department of Commerce, a report that contains--
    (A) the results of the study conducted pursuant to
    paragraph (1) and the survey conducted pursuant to
    paragraph (2); and
    (B) <>
    recommendations to--

    [[Page 3289]]

    (i) grow the United States economy through the
    secure advancement of three-dimensional printing;
    (ii) develop a national strategy to advance
    the United States business sectors' position in
    the world on the adoption of three-dimensional
    printing;
    (iii) develop strategies to mitigate current
    and emerging risks to the marketplace and supply
    chain of three-dimensional printing; and
    (iv) develop legislation that may advance the
    expeditious adoption of three-dimensional
    printing.

    (j) Study to Combat Online Harms Through Innovation.--
    (1) In general.--
    (A) <>  Study required.--Not later
    than 1 year after the date of enactment of this Act, the
    Federal Trade Commission shall conduct and complete a
    study on how artificial intelligence may be used to
    address the online harms described in subparagraph (B).
    (B) Requirements for study.--In conducting the
    study, the Commission shall consider whether and how
    artificial intelligence may be used to identify, remove,
    or take any other appropriate action necessary to
    address the following online harms:
    (i) Deceptive and fraudulent content intended
    to scam or otherwise harm individuals, including
    such practices directed at senior citizens.
    (ii) Manipulated content intended to mislead
    individuals, including deepfake videos and fake
    individual reviews.
    (iii) Website or mobile application interfaces
    designed to intentionally mislead or exploit
    individuals.
    (iv) Illegal content online, including the
    illegal sale of opioids, child sexual exploitation
    and abuse, revenge pornography, harassment,
    cyberstalking, hate crimes, the glorification of
    violence or gore, and incitement of violence.
    (v) Terrorist and violent extremists' abuse of
    digital platforms, including the use of such
    platforms to promote themselves, share propaganda,
    and glorify real-world acts of violence.
    (vi) Disinformation campaigns coordinated by
    inauthentic accounts or individuals to influence
    United States elections.
    (vii) The sale of counterfeit products.
    (2) <>  Report to congress.--Not later than 6 months after the
    completion of the study required pursuant to paragraph (1), the
    Commission shall submit to the Committee on Energy and Commerce
    and the Committee on Science, Space, and Technology of the House
    of Representatives, and the Committee on Commerce, Science, and
    Transportation of the Senate, and make publicly available on its
    website, a report that contains--
    (A) the results of the study conducted under
    paragraph (1);
    (B) recommendations on how artificial intelligence
    may be used to address the online harms described in
    paragraph (1)(B);

    [[Page 3290]]

    (C) recommendations on what reasonable policies,
    practices, and procedures may be implemented to utilize
    artificial intelligence to address such online harms;
    and
    (D) recommendations for any legislation that may
    advance the adoption and use of artificial intelligence
    to address such online harms.

    (k) <>  Combination of Studies Authorized.--The
    Secretary of Commerce and the Federal Trade Commission, after notifying
    the Committee on Energy and Commerce of the House of Representatives and
    the Committee on Commerce, Science, and Transportation of the Senate,
    may combine any of the studies required pursuant to this Act.

    (l) Protection of National Security.--
    (1) Information exempt from public disclosure.--Nothing in
    this Act shall be construed to require the disclosure of
    information, records, or reports that are exempt from public
    disclosure under section 552 of title 5, United States Code, or
    that may be withheld under section 552a of title 5, United
    States Code.
    (2) Classified and certain other information.--Nothing in
    this Act shall be construed to require the publication, on a
    website or otherwise, of any report containing information that
    is classified, or the public release of which could have a
    harmful effect on national security.
    (3) Form of reports to congress.--In the case of each report
    that is required by this Act to be submitted to a committee of
    Congress, such report shall be submitted in unclassified form,
    but may include a classified annex.
    (4) Submission of reports to congressional intelligence
    committees.--In the case of each report that is required by this
    Act to be submitted to a committee of Congress, such report
    shall also be submitted to the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select
    Committee on Intelligence of the Senate.

    (m) Appropriations Required.--This Act is subject to appropriations
    that may be available for the Department of Commerce or the Federal
    Trade Commission, as applicable.

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

    SEC. 1601. <>  RECORDING OF OBLIGATIONS.

    Hereafter, <>  subject to the availability of
    appropriations, the Secretary of Veterans Affairs shall record as an
    obligation of the United States Government amounts owed for hospital
    care or medical services furnished at non-Department facilities under
    title 38, United States Code, or Acts making appropriations for the
    Department of Veterans Affairs, on the date on which the Secretary
    approves: (i) a claim by a health care provider for payment or (ii) a
    voucher, invoice, or request for payment from a vendor for services
    rendered under a contract:  Provided, That for any fiscal year in which
    an appropriation for the payment of hospital care or medical services
    furnished at non-Department facilities has been exhausted or has yet to
    be enacted, this title shall not provide

    [[Page 3291]]

    the Secretary of Veterans Affairs with the authority to issue any new
    authorizations or orders for such care or such services in advance of
    such appropriation:  Provided further, <>  That
    this title shall take effect as if enacted on October 1, 2018:  Provided
    further, That <>  not later than 30 days
    after the date of enactment of this Act, the Department of Veterans
    Affairs, in consultation with the Office of Management and Budget, shall
    submit a report to the President and the Congress, similar to the report
    required pursuant to 31 U.S.C. 1351, detailing how, in the absence of
    the enactment of this title, the expenditures or obligations would have
    exceeded the amount available in fiscal year 2019 and fiscal year 2020
    in the Medical Community Care appropriation:  Provided further, That the
    report required in the preceding proviso shall also include an
    explanation as to how the Department plans to avoid incurring
    obligations for the Medical Community Care appropriation in excess of
    its available budgetary resources in fiscal year 2021 and future fiscal
    years pursuant to the recording of obligations required by this title.

    TITLE XVII--SUDAN <>  CLAIMS
    RESOLUTION
    SEC. 1701. <>  SHORT TITLE.

    This title may be cited as the ``Sudan Claims Resolution Act''.
    SEC. 1702. SENSE OF CONGRESS.

    It is the sense of Congress that--
    (1) the United States should support Sudan's democratic
    transition, particularly in light of the country's dire economic
    situation, and this is a critical moment to address longstanding
    issues in the relationship between the United States and Sudan;
    (2) as part of the process of restoring normal relations
    between Sudan and the United States, Congress supports efforts
    to provide meaningful compensation to individuals employed by or
    serving as contractors for the United States Government, as well
    as their family members, who personally have been awarded by a
    United States District Court a judgment for compensatory damages
    against Sudan; and
    (3) the terrorism-related claims of victims and family
    members of the September 11, 2001, terrorist attacks must be
    preserved and protected.
    SEC. 1703. DEFINITIONS.

    In this Act:
    (1) Appropriate congressional committees.--The term
    ``appropriate congressional committees'' means--
    (A) the Committee on Foreign Relations and the
    Committee on the Judiciary of the Senate; and
    (B) the Committee on Foreign Affairs and the
    Committee on the Judiciary of the House of
    Representatives.
    (2) Claims agreement.--The term ``claims agreement'' means
    the Claims Settlement Agreement Between the Government of the
    United States of America and the Government of the Republic of
    the Sudan, done at Washington, D.C., on October 30, 2020,
    including all annexes, appendices, side letters, related
    agreements, and instruments for implementation,

    [[Page 3292]]

    including the escrow agreement among the Central Bank of Sudan,
    the Federal Reserve Bank of New York, and the escrow agent
    appointed thereby, as well as the escrow conditions release
    agreement, set out in an exchange of diplomatic notes between
    the United States and Sudan on October 21, 2020, and
    subsequently amended on December 19, 2020.
    (3) Foreign national.--The term ``foreign national'' means
    an individual who is not a citizen of the United States.
    (4) Secretary.--The term ``Secretary'' means the Secretary
    of State.
    (5) State sponsor of terrorism.--The term ``state sponsor of
    terrorism'' means a country the government of which the
    Secretary has determined is a government that has repeatedly
    provided support for acts of international terrorism, for
    purposes of--
    (A) section 1754(c)(1)(A)(i) of the Export Control
    Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
    (B) section 620A of the Foreign Assistance Act of
    1961 (22 U.S.C. 2371);
    (C) section 40(d) of the Arms Export Control Act (22
    U.S.C. 2780(d)); or
    (D) any other provision of law.
    (6) Sudan.--The term ``Sudan'' means the Government of the
    Republic of the Sudan.
    SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.

    (a) Immunity.--
    (1) In general.--Subject to section 1706, and
    notwithstanding any other provision of law, upon submission of a
    certification described in paragraph (2)--
    (A) Sudan, an agency or instrumentality of Sudan,
    and the property of Sudan or an agency or
    instrumentality of Sudan, shall not be subject to the
    exceptions to immunity from jurisdiction, liens,
    attachment, and execution under section 1605(a)(7) (as
    such section was in effect on January 27, 2008) or
    section 1605A or 1610 (insofar as section 1610 relates
    to a judgment under such section 1605(a)(7) or 1605A) of
    title 28, United States Code;
    (B) section 1605A(c) of title 28, United States
    Code, section 1083(c) of the National Defense
    Authorization Act for Fiscal Year 2008 (Public Law 110-
    181; 28 U.S.C. 1605A note), section 589 of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1997 (Public Law 104-208; 28 U.S.C.
    1605 note), and any other private right of action
    relating to acts by a state sponsor of terrorism arising
    under Federal, State, or foreign law shall not apply
    with respect to claims against Sudan, or any of its
    agencies, instrumentalities, officials, employees, or
    agents in any action in a Federal or State court; and
    (C) any attachment, decree, lien, execution,
    garnishment, or other judicial process brought against
    property of Sudan, or property of any agency,
    instrumentality, official, employee, or agent of Sudan,
    in connection with an action that is precluded by
    subparagraph (A) or (B) shall be void.

    [[Page 3293]]

    (2) Certification.--A certification described in this
    paragraph is a certification by the Secretary to the appropriate
    congressional committees stating that--
    (A) the August 12, 1993, designation of Sudan as a
    state sponsor of terrorism has been formally rescinded;
    (B) Sudan has made final payments with respect to
    the private settlement of the claims of victims of the
    U.S.S. Cole attack; and
    (C) the United States Government has received funds
    pursuant to the claims agreement that are sufficient to
    ensure--
    (i) payment of the agreed private settlement
    amount for the death of a citizen of the United
    States who was an employee of the United States
    Agency for International Development in Sudan on
    January 1, 2008;
    (ii) meaningful compensation for claims of
    citizens of the United States (other than
    individuals described in section 1707(a)(1)) for
    wrongful death or physical injury in cases arising
    out of the August 7, 1998, bombings of the United
    States embassies located in Nairobi, Kenya, and
    Dar es Salaam, Tanzania; and
    (iii) funds for compensation through a fair
    process to address compensation for terrorism-
    related claims of foreign nationals for wrongful
    death or physical injury arising out of the events
    referred to in clause (ii).

    (b) Scope.--Subject to section 1706, subsection (a) of this section
    shall apply to all conduct and any event occurring before the date of
    the certification described in subsection (a)(2), regardless of whether,
    or the extent to which, application of that subsection affects any
    action filed before, on, or after that date.
    (c) Authority of the Secretary.--The certification by the Secretary
    referred to in subsection (a)(2) may not be delegated and may not be
    subject to judicial review.
    SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES
    VICTIMS OF STATE SPONSORED TERRORISM
    FUND.

    (a) In General.--The Justice for United States Victims of State
    Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
    (1) in subsection (c)(2)(A)(i), by striking ``state sponsor
    of terrorism'' and inserting ``foreign state that was designated
    as a state sponsor of terrorism at the time the acts described
    in clause (ii) occurred or was so designated as a result of such
    acts'';
    (2) in subsection (e)(6), by striking ``January 2, 2030''
    each place it appears and inserting ``January 2, 2039''; and
    (3) in subsection (j)(6), in the first sentence, by
    inserting after ``final judgment'' the following: ``, except
    that the term does not include payments received in connection
    with an international claims agreement to which the United
    States is a state party or any other settlement of terrorism-
    related claims against Sudan''.

    (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and
    9/11 Dependents.--Subsection (d)(4) of the Justice

    [[Page 3294]]

    for United States Victims of State Sponsored Terrorism Act (34 U.S.C.
    20144) is amended--
    (1) in subparagraph (A), by striking ``subparagraph (B)''
    and inserting ``subparagraphs (B) and (C)''; and
    (2) by adding at the end the following:
    ``(C) Lump sum catch-up payments for 9/11 victims,
    9/11 spouses, and 9/11 dependents.--
    ``(i) <>  In general.--Not
    later than 90 days after the date of enactment of
    this subparagraph, and in accordance with clauses
    (i) and (ii) of subsection (d)(3)(A), the
    Comptroller General of the United States shall
    conduct an audit and publish in the Federal
    Register a notice of proposed lump sum catch-up
    payments to 9/11 victims, 9/11 spouses, and 9/11
    dependents who have submitted applications in
    accordance with subparagraph (B) in amounts that,
    after receiving the lump sum catch-up payments,
    would result in the percentage of the claims of 9/
    11 victims, 9/11 spouses, and 9/11 dependents
    received from the Fund being equal to the
    percentage of the claims of 9/11 family members
    received from the Fund, as of the date of
    enactment of this subparagraph.
    ``(ii) <>  Public
    comment.--The Comptroller General shall provide an
    opportunity for public comment for a 30-day period
    beginning on the date on which the notice is
    published under clause (i).
    ``(iii) <>  Report.--Not
    later than 30 days after the expiration comment
    period in clause (ii), the Comptroller General of
    the United States shall submit to the Committee on
    the Judiciary and the Committee on Appropriations
    of the Senate, the Committee on the Judiciary and
    the Committee on Appropriations of the House of
    Representatives, and the Special Master a report
    that includes the determination of the Comptroller
    General on--
    ``(I) the amount of the lump sum
    catch-up payment for each 9/11 victim;
    ``(II) the amount of the lump sum
    catch-up payment for each 9/11 spouse;
    ``(III) the amount of the lump sum
    catch-up payment for each 9/11
    dependent; and
    ``(IV) the total amount of lump sum
    catch-up payments described in
    subclauses (I) through (III).''.
    SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM
    CLAIMS AGAINST SUDAN.

    (a) Findings.--Congress makes the following findings:
    (1) It is the long-standing policy of the United States that
    civil lawsuits against those who support, aid and abet, and
    provide material support for international terrorism serve the
    national security interests of the United States by deterring
    the sponsorship of terrorism and by advancing interests of
    justice, transparency, and accountability.
    (2) Neither the claims agreement, nor any other aspect of
    the effort to normalize relations with Sudan--

    [[Page 3295]]

    (A) resolved claims against Sudan involving victims
    and family members of the September 11, 2001, terrorist
    attacks; or
    (B) otherwise advanced the interests of the victims
    and family members of the September 11, 2001, terrorist
    attacks.
    (3) The claims referenced in paragraph (2)(A) remain pending
    in the multidistrict proceeding 03-MDL-1570 in the United States
    District Court for the Southern District of New York, and
    subsection (c) preserves and protects those claims.

    (b) Sense of Congress.--It is the sense of Congress that the
    executive branch should not file a Statement of Interest or any other
    submission, or intervene in any other way, in the multidistrict
    proceeding 03-MDL-1570, in connection to the rescission of the
    designation of Sudan as a state sponsor of terrorism or the restoration
    of Sudan's immunities from jurisdiction and execution in conformity with
    this Act, if such action would disadvantage terrorism victims.
    (c) In General.--Nothing in this Act shall apply to, be construed to
    apply to, or otherwise affect--
    (1) any claim in any of the proceedings comprising the
    multidistrict proceeding 03-MDL-1570 in the United States
    District Court for the Southern District of New York brought by
    any person who, as of the date of the enactment of this Act, has
    a claim pending against Sudan (including as a member of a class
    certified under Rule 23 of the Federal Rules of Civil Procedure
    or as a putative member of such a class pending certification);
    or
    (2) the enforcement of any judgment in favor of such person
    entered in such proceeding.

    (d) Applicable Law.--Proceedings described in subsection (c) shall
    be governed by applicable law in effect before the date of the enactment
    of this Act, including--
    (1) chapter 97 of title 28, United States Code (commonly
    known as the ``Foreign Sovereign Immunities Act of 1976''),
    including 28 U.S.C. 1605A note;
    (2) section 201 of the Terrorism Risk Insurance Act of 2002
    (Public Law 107-297; 28 U.S.C. 1610 note), with respect to any
    asset that, on or after the date of enactment of this Act, is
    designated as a blocked asset (as defined in subsection (d)(2)
    of that section);
    (3) rules governing the rights of parties to amend
    pleadings; and
    (4) other relevant provisions of law.

    (e) Rule of Construction.--Nothing in this section shall alter,
    impact the interpretation of, or otherwise affect--
    (1) any section of chapter 97 of title 28, United States
    Code; or
    (2) any other provision of law.
    SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES
    CITIZENS AND FOREIGN NATIONALS.

    (a) Compensation.--
    (1) In general.--There is authorized to be appropriated
    $150,000,000 for payment of compensation, notwithstanding any
    other provision of law, to any individual who--

    [[Page 3296]]

    (A) has been awarded a judgment in any of the cases
    set forth in section (c) of the Annex to the claims
    agreement; and
    (B) is--
    (i) a United States employee or contractor
    injured in connection with the bombings of the
    United States embassies located in Nairobi, Kenya,
    and Dar es Salaam, Tanzania, who became a United
    States citizen after August 7, 1998, and before
    the date of the enactment of this Act;
    (ii) a family member--
    (I) of a United States employee or
    contractor injured in connection with
    the bombings of the United States
    embassies located in Nairobi, Kenya, and
    Dar es Salaam, Tanzania; and
    (II) who is a United States citizen
    as of the date of the enactment of this
    Act; or
    (iii) a family member--
    (I) of a foreign national United
    States employee or contractor killed
    during those bombings; and
    (II) who is a United States citizen
    as of the date of the enactment of this
    Act.
    (2) Payments.--With the requirement of achieving parity in
    compensation between individuals who became United States
    citizens after August 7, 1998, and individuals who were United
    States citizens on or before August 7, 1998, payment of
    compensation under paragraph (1) to--
    (A) an individual described in paragraph (1)(B)(i)
    shall be based on the same standards used to determine
    the compensation for an employee or contractor injured
    in connection with the bombings described in that
    paragraph who was a United States citizen on or before
    August 7, 1998;
    (B) an individual described in paragraph (1)(B)(ii)
    shall be on an equal basis to compensation provided to a
    family member of an individual described in subparagraph
    (A); and
    (C) an individual described in paragraph (1)(B)(iii)
    shall be on an equal, or, where applicable, a pro rata
    basis to compensation provided to a family member of a
    United States employee or contractor who was a United
    States citizen killed during such bombings.

    (b) Distribution and Requirements.--
    (1) Distribution.--The Secretary shall distribute payments
    from funds made available to carry out subsection (a)(1) to
    individuals described in that subsection.
    (2) Authorization letter.--Not later than December 31, 2021,
    the Secretary shall send a letter to each individual who will
    receive payment under paragraph (1) informing the individual of
    the amount of compensation the individual will receive pending
    the execution of any writings under paragraph (3), and the
    standards used to determine compensation under subsection
    (a)(2), taking into account the individual's final judgment
    amount.
    (3) Requirement before distribution.--Before making a
    payment to an individual under paragraph (1), and after

    [[Page 3297]]

    the delivery of the authorization letter under paragraph (2),
    the Secretary shall require the individual to execute a writing
    that includes a waiver and release of all the individual's
    rights to assert claims for compensatory or other relief in any
    form or to enforce any judgment against Sudan in connection
    with, and any claims against the United States related to, any
    claim, suit, or action specified in Article II of the claims
    agreement.

    (c) Foreign Nationals.--Notwithstanding any other provision of law
    or the claims agreement--
    (1) individuals described in subsection (a)(1) are not
    eligible to receive any compensation as provided by Sudan
    pursuant to Article III of the claims agreement; and
    (2) the funds provided by Sudan for distribution of
    compensation to such individuals pursuant to the Annex of the
    claims agreement shall be redistributed--
    (A) among all other individuals eligible for
    compensation under section (c) of the Annex to the
    claims agreement consistent with the principles set out
    in that Annex; or
    (B) if Sudan and the foreign nationals eligible for
    compensation reach a private settlement, then pursuant
    to the terms of that settlement.

    (d) Department of State Reporting Requirements.--
    (1) Initial report.--Not later than 90 days after the date
    of the enactment of this Act, the Secretary shall submit to the
    appropriate congressional committees a report that includes a
    detailed description of the plan of the Department of State for
    the distribution of payments to each category of individual
    described in subsection (a)(1), including how the Department is
    arriving at compensation levels for each individual and the
    amount of compensation each such individual will receive from
    funds made available to carry out that subsection.
    (2) Updated report.--Not later than December 31, 2021, the
    Secretary shall submit to the appropriate congressional
    committees a report describing--
    (A) whether the distribution plan described in
    paragraph (1) was carried out; and
    (B) whether compensation levels were provided as
    described in the report required by paragraph (1).

    (e) Comptroller General Report.--Not later than December 31, 2022,
    the Comptroller General of the United States shall submit to the
    appropriate congressional committees a report assessing the
    implementation of this section by the Department of State, including
    whether--
    (1) all distributions were made in accordance with the
    requirements of subsections (a), (b), and (c); and
    (2) all individuals described in subsection (a)(1) received
    compensation from amounts made available to carry out that
    subsection in the manner described in subsection (a)(2).
    SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.

    (a) Findings.--Congress makes the following findings:
    (1) Congress and the executive branch share responsibility
    for the foreign relations of the United States pursuant to
    Article I and Article II of the Constitution of the United
    States.
    (2) All legislative powers of the Federal Government,
    including on matters of foreign relations, are vested in the

    [[Page 3298]]

    Congress of the United States pursuant to section 1 of Article I
    of the Constitution.
    (3) The executive branch may not direct Congress to take any
    action, nor may it convey any legislative or other power
    assigned to Congress under the Constitution to any entity,
    domestic or foreign.
    (4) The original escrow release conditions agreement
    prescribed specific legislative text and purported both to
    require enactment of such text and provide a veto to Sudan over
    exceptions to that text.
    (5) Congress rejected the approach described in paragraph
    (4).
    (6) The executive branch and Sudan subsequently amended the
    escrow release conditions agreement to eliminate the specific
    legislative text as well as the purported requirement for
    enactment and the purported veto over exceptions to that text.

    (b) Amendment to Case-Zablocki Act.--Section 112b of title 1, United
    States Code, is amended by adding at the end the following:
    ``(g) It is the sense of Congress that the executive branch should
    not prescribe or otherwise commit to or include specific legislative
    text in a treaty or executive agreement unless Congress has authorized
    such action.''.

    TITLE XVIII--THEODORE <>  ROOSEVELT PRESIDENTIAL LIBRARY
    CONVEYANCE ACT OF 2020
    SEC. 1801. SHORT TITLE.

    This title may be cited as the ``Theodore Roosevelt Presidential
    Library Conveyance Act of 2020''.
    SEC. 1802. DEFINITIONS.

    In this Act:
    (1) Map.--The term ``map'' means the map entitled ``Project
    Number P08122-2016-009'', depicting a 93 acre site in sections
    21 and 28, T. 140 N., R. 102 W., Billings County, North Dakota,
    and dated December 8, 2020.
    (2) Presidential library.--The term ``Presidential Library''
    means the Theodore Roosevelt Presidential Library Foundation, a
    North Dakota nonprofit corporation.
    (3) Secretary.--The term ``Secretary'' means the Secretary
    of Agriculture, acting through the Chief of the Forest Service.
    SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO
    THE PRESIDENTIAL LIBRARY.

    (a) <>  Conveyance.--Subject to this section, if
    the Presidential Library submits to the Secretary not later than 1 year
    after the date of enactment of this Act a written request for the
    conveyance of the approximately 93 acres of National Forest System land,
    as generally depicted on the map, the Secretary shall, on the earliest
    date practicable, convey to the Presidential Library by quitclaim deed
    all right, title, and interest of the United States in and to that land.

    [[Page 3299]]

    (b) <>  Consideration.--As
    consideration for the conveyance of land under subsection (a), the
    Presidential Library shall pay to the Secretary an amount equal to the
    market value of the land, as determined by the appraisal conducted under
    subsection (d).

    (c) Terms and Conditions.--The conveyance under subsection (a) shall
    be subject to--
    (1) valid existing rights;
    (2) the reservation of easements, as depicted on the map,
    for public use on--
    (A) the Maah Dah Hey National Trail; and
    (B) Forest Service Road #7471 and the unnumbered
    Forest Service road; and
    (3) any other terms and conditions that the Secretary
    considers appropriate to protect the interests of the United
    States.

    (d) Appraisal.--The Secretary shall conduct an appraisal of the land
    to be conveyed under subsection (a) in accordance with--
    (1) the Uniform Appraisal Standards for Federal Land
    Acquisitions;
    (2) the Uniform Standards of Professional Appraisal
    Practice; and
    (3) any other applicable law (including regulations).

    (e) Costs of Conveyance.--As a condition for the conveyance under
    subsection (a), and in addition to the consideration paid under
    subsection (b), the Presidential Library shall pay all costs associated
    with the conveyance, including--
    (1) the survey to Federal standards described in subsection
    (f); and
    (2) the appraisal conducted under subsection (d).

    (f) <>  Survey.--The exact acreage and legal
    description of the land to be conveyed under subsection (a) shall be
    determined by a survey satisfactory to the Secretary.

    (g) Deposit and Use of Proceeds.--All funds received under
    subsection (b) shall be--
    (1) deposited in the fund established by Public Law 90-171
    (commonly known as the Sisk Act) (16 U.S.C. 484a); and
    (2) available to the Secretary, until expended, for the
    acquisition of land or interests in land for inclusion in the
    National Forest System in the State of North Dakota.

    TITLE XIX--UNITED <>  STATES-MEXICO ECONOMIC PARTNERSHIP ACT
    SEC. 1901. SHORT TITLE.

    This title may be cited as the ``United States-Mexico Economic
    Partnership Act''.
    SEC. 1902. FINDINGS.

    Congress finds the following:
    (1) The United States and Mexico have benefitted from a
    bilateral, mutually beneficial partnership focused on advancing
    the economic interests of both countries.
    (2) In 2013, Mexico adopted major energy reforms that opened
    its energy sector to private investment, increasing energy
    cooperation between Mexico and the United States and opening new
    opportunities for United States energy engagement.

    [[Page 3300]]

    (3) On January 18, 2018, the Principal Deputy Assistant
    Secretary for Educational and Cultural Affairs at the Department
    of State stated, ``Our exchange programs build enduring
    relationships and networks to advance U.S. national interests
    and foreign policy goals . . . The role of our exchanges . . .
    in advancing U.S. national security and economic interests
    enjoys broad bipartisan support from Congress and other
    stakeholders, and provides a strong return on investment.''.
    (4) According to the Institute of International Education,
    in the 2015-2016 academic year, more than 56,000 United States
    students studied in other countries in the Western Hemisphere
    region while more than 84,000 non-United States students from
    the region studied in the United States, but only 5,000 of those
    United States students studied in Mexico and only 16,000 of
    those non-United States students were from Mexico.
    SEC. 1903. STATEMENT OF POLICY.

    It is the policy of the United States--
    (1) to continue deepening economic cooperation between the
    United States and Mexico;
    (2) to seek to prioritize and expand educational and
    professional exchange programs with Mexico, including through
    frameworks such as the 100,000 Strong in the Americas
    Initiative, the Young Leaders of the Americas Initiative,
    Jovenes en Accion (Youth in Action), the Fulbright Foreign
    Student Program, and the Fulbright Visiting Scholar Program; and
    (3) to promote positive cross-border relations as a priority
    for advancing United States foreign policy and programs.
    SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND
    PROFESSIONAL EXCHANGE PROGRAMS WITH
    MEXICO.

    (a) In General.--The Secretary of State shall develop a strategy to
    carry out the policy described in section 1903, to include prioritizing
    and expanding educational and professional exchange programs with Mexico
    through frameworks such as those referred to in section 1903(2).
    (b) Elements.--The strategy required under subsection (a) shall--
    (1) encourage more academic exchanges between the United
    States and Mexico at the secondary, post-secondary, and post-
    graduate levels;
    (2) encourage United States and Mexican academic
    institutions and businesses to collaborate to assist prospective
    and developing entrepreneurs in strengthening their business
    skills and promoting cooperation and joint business initiatives
    across the United States and Mexico;
    (3) promote energy infrastructure coordination and
    cooperation through support of vocational-level education,
    internships, and exchanges between the United States and Mexico;
    and
    (4) <>  assess the feasibility of
    fostering partnerships between universities in the United States
    and medical school and nursing programs in Mexico to ensure that
    medical school and nursing programs in Mexico have comparable
    accreditation standards as medical school and nursing programs
    in the United States by the Accreditation and Standards in
    Foreign Medical Education, in addition to the Accreditation
    Commission For Education in Nursing, so that medical students
    can pass

    [[Page 3301]]

    medical licensing board exams, and nursing students can pass
    nursing licensing exams, in the United States.

    (c) <>  Briefing.--Not later than 180 days after
    the date of the enactment of this Act, the Secretary of State shall
    brief the appropriate congressional committees regarding the strategy
    required under subsection (a).
    SEC. 1905. DEFINITIONS.

    In this Act, the term ``appropriate congressional committees''
    means--
    (1) the Committee on Foreign Relations of the Senate; and
    (2) the Committee on Foreign Affairs of the House of
    Representatives.
    SEC. 1906. SUNSET PROVISION.

    This Act shall remain in effect until December 31, 2023.

    TITLE XX--PORT SURVEILLANCE

    SEC. 2001. <>  PORT SURVEILLANCE.

    (a) CPSC Surveillance Personnel During the COVID-19 Pandemic.--For
    the duration of a public health emergency declared pursuant to section
    319 of the Public Health Service Act (42 U.S.C. 247d) as a result of
    confirmed cases of 2019 novel coronavirus (COVID-19), including any
    renewal thereof, the Commission shall ensure, to the maximum extent
    feasible, that investigators are stationed at ports of entry to protect
    the public against unreasonable risk of injury from consumer products,
    with the goal of covering no fewer than 90 percent of all consumer
    products entering the United States that are risk-scored in the Risk
    Assessment Methodology system. <>  The Commission
    shall consult with United States Customs and Border Protection, and
    other relevant agencies, including health and safety agencies, on
    methods to safely staff ports during the pandemic.

    (b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
    The Commission shall hire, train, and assign not fewer than 16
    additional full-time equivalent personnel to be stationed at or
    supporting efforts at ports of entry, including ports of entry for de
    minimis shipments, for the purpose of identifying, assessing, and
    addressing shipments of violative consumer products. Such hiring shall
    continue during each fiscal year until the total number of full-time
    equivalent personnel equals and sustains the staffing requirements
    identified in the report to Congress required under subsection
    (c)(2)(F).
    (c) Report to Congress.--
    (1) <>  In
    general.--Not later than 180 days after the date of enactment of
    this section, the Commission shall transmit to Congress, and
    make publicly available, a study and report assessing the risk
    to consumers associated with the reduction in Commission port
    inspection activity during the COVID-19 pandemic and the
    targeting and screening of de minimis shipments.
    (2) Report requirements.--In the study and report, the
    Commission shall--
    (A) identify--

    [[Page 3302]]

    (i) the risks associated with the reduction in
    Commission port inspection activity during the
    COVID-19 pandemic;
    (ii) the extent to which the reduction in port
    inspection activity is linked to inadequate
    Commission resources or due to shortages of
    trained Commission staff due to the COVID-19
    pandemic; and
    (iii) the steps the Commission has taken and
    plans to take to mitigate those risks, such as
    recalls, inspections of product inventory,
    consumer warnings, and other appropriate measures;
    (B) <>  examine a sampling of de
    minimis shipments at a sufficient and representative
    sample of all types of ports of entry where de minimis
    shipments are processed, including express consignment
    carrier facilities, international mail facilities, and
    air cargo facilities to assess the extent to which such
    shipments include violative consumer products;
    (C) <>  examine a sampling of
    shipments coming from countries identified as high-risk
    for exporting violative consumer products to identify
    trends associated with the shipment of products
    containing both intellectual property rights
    infringements and consumer product safety violations;
    (D) detail plans and timelines to effectively
    address targeting and screening of de minimis shipments
    to prevent the entry of violative consumer products
    entering into the commerce of the United States taking
    into consideration projected growth in e-commerce;
    (E) establish metrics by which to evaluate the
    effectiveness of the Commission efforts to reduce the
    number of de minimis shipments containing violative
    consumer products from entering into the commerce of the
    United States; and
    (F) <>  assess projected
    technology and resources, including staffing
    requirements necessary to implement such plans based on
    available and needed Commission resources.

    (d) Definitions.--In this section--
    (1) the term ``Commission'' means the Consumer Product
    Safety Commission;
    (2) the term ``de minimis shipments'' means articles
    containing consumer products entering the United States under
    the de minimis value exemption in 19 U.S.C. 1321(a)(2)(C);
    (3) the term ``ports of entry for de minimis shipments''
    means environments where de minimis shipments are processed,
    including express consignment carrier facilities, international
    mail facilities, and air cargo facilities; and
    (4) the term ``violative consumer products'' means consumer
    products in violation of an applicable consumer product safety
    rule under the Consumer Product Safety Act or any similar rule,
    regulation, standard, or ban under any other Act enforced by the
    Commission.

    (e) Savings Clause.--Nothing in this section shall be construed to
    limit, affect, or conflict with any other authority of the Commission or
    any other statutory requirements governing the Commission.

    [[Page 3303]]

    TITLE XXI--COVID-19 <>  REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT
    SEC. 2101. <>  COVID-19 REGULATORY RELIEF
    AND WORK FROM HOME SAFETY ACT.

    (a) Short Title.--This title may be cited as the ``COVID-19
    Regulatory Relief and Work From Home Safety Act''.
    (b) Definitions.--In this Act--
    (1) the term ``bedding product'' means--
    (A) an item that is used for sleeping or sleep-
    related purposes; or
    (B) any component or accessory with respect to an
    item described in subparagraph (A), without regard to
    whether the component or accessory, as applicable, is
    used--
    (i) alone; or
    (ii) along with, or contained within, that
    item;
    (2) the term ``California standard'' means the standard set
    forth by the Bureau of Electronic and Appliance Repair, Home
    Furnishings and Thermal Insulation of the Department of Consumer
    Affairs of the State of California in Technical Bulletin 117-
    2013, entitled ``Requirements, Test Procedure and Apparatus for
    Testing the Smolder Resistance of Materials Used in Upholstered
    Furniture'', originally published June 2013, as in effect on the
    date of enactment of this Act;
    (3) the terms ``foundation'' and ``mattress'' have the
    meanings given those terms in section 1633.2 of title 16, Code
    of Federal Regulations, as in effect on the date of enactment of
    this Act; and
    (4) the term ``upholstered furniture''--
    (A) means an article of seating furniture that--
    (i) is intended for indoor use;
    (ii) is movable or stationary;
    (iii) is constructed with an upholstered seat,
    back, or arm;
    (iv) is--
    (I) made or sold with a cushion or
    pillow, without regard to whether that
    cushion or pillow, as applicable, is
    attached or detached with respect to the
    article of furniture; or
    (II) stuffed or filled, or able to
    be stuffed or filled, in whole or in
    part, with any material, including a
    substance or material that is hidden or
    concealed by fabric or another covering,
    including a cushion or pillow belonging
    to, or forming a part of, the article of
    furniture; and
    (v) together with the structural units of the
    article of furniture, any filling material, and
    the container and covering with respect to those
    structural units and that filling material, can be
    used as a support for the body of an individual,
    or the limbs and feet of an individual, when the
    individual sits in an upright or reclining
    position;

    [[Page 3304]]

    (B) includes an article of furniture that is
    intended for use by a child; and
    (C) does not include--
    (i) a mattress;
    (ii) a foundation;
    (iii) any bedding product; or
    (iv) furniture that is used exclusively for
    the purpose of physical fitness and exercise.

    (c) Adoption of Standard.--
    (1) <>  In
    general.--Beginning on the date that is 180 days after the date
    of enactment of this Act, and except as provided in paragraph
    (2), the California standard shall be considered to be a
    flammability standard promulgated by the Consumer Product Safety
    Commission under section 4 of the Flammable Fabrics Act (15
    U.S.C. 1193).
    (2) <>  Testing and certification.--A
    fabric, related material, or product to which the California
    standard applies as a result of paragraph (1) shall not be
    subject to section 14(a) of the Consumer Product Safety Act (15
    U.S.C. 2063(a)) with respect to that standard.
    (3) <>  Certification label.--Each
    manufacturer of a product that is subject to the California
    standard as a result of paragraph (1) shall include the
    statement ``Complies with U.S. CPSC requirements for upholstered
    furniture flammability'' on a permanent label located on the
    product, which shall be considered to be a certification that
    the product complies with that standard.

    (d) Preemption.--
    (1) In general.--Notwithstanding section 16 of the Flammable
    Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer
    Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note),
    and except as provided in subparagraphs (B) and (C) of paragraph
    (2), no State or any political subdivision of a State may
    establish or continue in effect any provision of a flammability
    law, regulation, code, standard, or requirement that is designed
    to protect against the risk of occurrence of fire, or to slow or
    prevent the spread of fire, with respect to upholstered
    furniture.
    (2) Preservation of certain state law.--Nothing in this Act
    or the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be
    construed to preempt or otherwise affect--
    (A) any State or local law, regulation, code,
    standard, or requirement that--
    (i) concerns health risks associated with
    upholstered furniture; and
    (ii) is not designed to protect against the
    risk of occurrence of fire, or to slow or prevent
    the spread of fire, with respect to upholstered
    furniture;

    [[Page 3305]]

    (B) sections 1374 through 1374.3 of title 4,
    California Code of Regulations (except for subsections
    (b) and (c) of section 1374 of that title), as in effect
    on the date of enactment of this Act; or
    (C) the California standard.

    Approved December 27, 2020.

    LEGISLATIVE HISTORY--H.R. 133:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Jan. 10, considered and passed
    House.
    Vol. 166 (2020):
    Jan. 15, considered and passed
    Senate, amended.
    Dec. 21, House concurred in Senate
    amendment with an amendment.
    Senate concurred in House
    amendment.